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Environmental Stewardship Committee (ESC) - 14 Feb 2024 - Agenda - Pdf City of Atlantic Beach Agenda Environmental Stewardship Committee (ESC) Meeting Wednesday, February 14, 2024 - 6:00 p.m. City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. COURTESY OF THE FLOOR (5 MINS.) 4. CHAIR REMARKS 5. CONSENT AGENDA 5.A. Approve minutes of the January 10, 2024 regular Environmental Stewardship Committee meeting. 5.B. Approve minutes of the January 17, 2024 regular ESC Outreach meeting. 5.C. Approve minutes of the January 25, 2024 regular ESC S&R meeting. ESC S&R 01.25.2024 Minutes 5 - 17 5.D. Approve minutes of the January 10, 2024 ESC TREE meeting. ESC TREE 01.10.2024 Minutes 19 - 20 6. 90 DAY CALENDAR 6.A. 20240209 Feb ESC Planner Calendar Metrics Tracker 21 - 42 7. COMMISSION AND/OR STAFF REPORTS 7.A. Chapter 23 update 7.B. Howell Park Dredging Project 7.C. Parks Master Plan update 7.D. Legislative update Legislative Bill Summaries - provided by Florida League of Cities 43 - 96 8. REPORTS 9. OLD BUSINESS 9.A. Charter Review Committee Page 1 of 165 Environmental Stewardship Committee (ESC) - 14 Feb 2024 9.B. Mature Tree Inventory Contest Mature Tree color Mature Tree Contest Instructions 97 - 100 9.C. ESC self evaluation ESC 2023 Self Evaluation Survey Results 101 - 130 9.D. DRAFT ESC volunteer opportunities and recruitment ESC Volunteer and Community Service Hours Opportunities 131 - 135 9.E. ESC motion to send to Legislators and FL 10. NEW BUSINESS 10.A. 2024 Commission Priorities 2024 COAB Commission Priorities 137 - 148 10.B. Marsh presentations Erosion Progression as presented by the COAB 2024 Commission Priorities realated to Marshes 149 - 151 10.C. Concerned Citizen - Joan Horn regarding Marshes Marsh Objectives submitted by Joan Horn 153 - 163 10.D. COAB Staff Marshes next steps 10.E. Earth Day tree giveaway Motion 042124 Tree Giveaway 165 11. SIGNIFICANT MATTERS ARISING IN SUBCOMMITTEES 11.A. Tree subcommittee 11.B. Outreach subcommittee 11.C. Sustainability and Resilience Subcommittee 12. MEMBERS CLOSING REMARKS 13. ADJOURNMENT Any person wishing to speak to the Environmental Stewardship Committee on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact Deputy City Ladayija Nichols at 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior Page 2 of 165 Environmental Stewardship Committee (ESC) - 14 Feb 2024 to the date of this meeting. Page 3 of 165 Page 4 of 165 Environmental Stewardship Committee Sustainability & Resiliency Subcommittee January 25, 2024 MINUTES Environmental Stewardship Committee Sustainability & Resiliency Subcommittee Meeting Thursday, January 25, 2024 - 9:00 AM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Sarah Boren, District 1306 Member, Chair Mark Gabrynowicz, ESC Chair Heather Markaj, Member Romy Vann, Member Absent: Todd Miner, Member 1. CALL TO ORDER, ROLL CALL AND CHAIR REMARKS Sarah Boren called the meeting to order, called the roll shared Chair remarks about 1/20 Townhall, 1/22 Commission meeting, 1/24 CRC, CPRG, and Arbor Day efforts. Discussion ensued. 2. APPROVAL OF MINUTES A. Approve minutes of the December 21, 2023 ESC Sustainability and Resiliency Subcommittee meeting. Minutes were approved with no dissent. 3. COURTESY OF THE FLOOR (5 MINS.) There were no speakers. 4. REPORTS A. Subcommittee Member Reports None B. Other COAB Committee/Board/Subcommittee Reports None 5. OLD BUSINESS A. Septic to Sewer Next Steps Sarah read response from staff regarding SRSC members septic to sewer questions. Discussion ensued about magnitude of problem, what can be done through education, Department of Health and DEP’s role with COAB or is it with COJ/Duval County, how tanks should be inspected every 5-10 years at a minimum and new ones last around 40+ years, how setbacks affect inbound and pump intake, where our fecal problem is coming from exactly (e.g., wading birds, pets, homeless people) and how it would be very expensive to study/measure. Page 1 of 13 Agenda Item #5.C. 14 Feb 2024 Page 5 of 165 Environmental Stewardship Committee Sustainability & Resiliency Subcommittee January 25, 2024 Decision: Keep an eye on the issue and request semi-annual update from staff Decision: Research tactic of not allowing new permits to be issued as long as there is a tie into city infrastructure. B. Sustainability & Resilience Community Action Plan Update Still behind on getting survey out to the public. Sarah to work with Kevin Hogencamp to distribute. Still need to decide on survey incentive (bike or native plant nursery gift certificate) as well as update the CAP once survey is done. C. 2024 ESC S&R Workplan discussion There was review of who was leading which priority and that moving forward this section of the meeting would be about direct updates on each priority and any roadblocks encountered. Heather volunteered to research trees in swales and the issues there. Heather also volunteered to lead the healthy food goal. She shared she would research a community garden she saw on Beach Avenue and think about community outreach on this issue. Sarah to connect her with Overalls Farms Romy is taking water priorities and Mark the Chemical Management Plan. S&R 2024 Priorities Actions High Level List S&R 2024 Priorities Workplan Schedule (draft) D. Volunteer Recruitment Discussion No movement on written descriptions of S&R’s specific volunteer needs Sarah will be presenting volunteer/project opportunities to Fletcher High School students and UNF Masters of Public Health students before next S&R meeting. 6. NEW BUSINESS None 7. MEMBER CLOSING COMMENTS None 8. ADJOURNMENT There being no further discussion, the meeting adjourned at 9:58 a.m. Attest: Sarah Boren Amanda Askew Page 2 of 13 Agenda Item #5.C. 14 Feb 2024 Page 6 of 165 ESC S&R Subcommittee 2024 Priority Actions High Level List •SR 1 Work on at least one action item in each focus area of the S&R CAP and plan for 2027 LEED Recertification o Natural Systems & Ecology: 1.Complete Chemical Management Plan (CMP) 2.Pass a required integrative biocide and chemical management plan for city operations and voluntary guidelines for private sector. o Quality of Life / Livability 1. Light pollution phase out/Dark Sky certification 2. Improve healthy food access in AB 3. Decide metrics and milestones for QOL&L topic and begin to collect data o Energy & Climate 1. Explore solar opportunities for AB 2. Conservation Challenge o Water 1. Assess viability of meter alerts (expired meters) 2. Conservation Challenge o Green Building & Infrastructure 1. Draft and pass a voluntary green building ordinance for private sector and mandatory for public sector 2. Help update of Storm Water Management plan be as resilient, sustainable, environmentally and tree friendly as possible o Solid Waste 1. Start a compost pilot 2. Household Hazardous Waste Event o Transportation & Land Use 1. Explore ways to develop Mayport Road well and in a sustainable, environmentally-friendly, resilient and attractive manner 2. Fleet assessment (slow speed vehicle - golfcart) o Governance, Community Education & Outreach 1. Help recruit volunteers, subject matter experts, and partners by at least 20. 2. Support Tree Subcommittee to expand data and understanding of tree canopy and its benefits via at least 3 actions from a S&R perspective 3. Support Outreach Subcommittee with content to educate the community at least once a month on environmental stewardship, sustainability and resilience actions and strategies 4. Help increase effectiveness, accessibility, productivity, accountability, and satisfaction of all S&R meetings, processes, and funding and measure success via annual ESC self-evaluation questionnaire overall scores 5.Plan for 2027 LEED Recertification •SR 2 Work with City Manager and staff to add environmental stewardship, sustainability, and resilience to all city employee job descriptions, responsibilities and/or performance review. •SR 3 Update/pass at least one policy or ordinance and/or improve at least one internal city practice through staff coordination o Green Building & Infrastructure (Duplicate to SR 1 Green Building & Infrastructure) 1. Draft and pass a voluntary green building ordinance for private sector and mandatory for public sector 2. Help update of Storm Water Management plan be as resilient, sustainable, environmentally and tree friendly as possible o Annual measurement of LEED & CAP performance metrics •SR 4 Explore ways to develop Mayport Road well and in a sustainable, environmentally-friendly, resilient and attractive manner o Transportation & Land Use (Duplicate to SR 1 Transportation & Land Use) 1. Explore ways to develop Mayport Road well and in a sustainable, environmentally-friendly, resilient and attractive manner •SR 5 Improve experience in parks and open spaces with at least two significant actions and help with the update and continued implementation of the Parks Master Plan o Choose at least one action and implement it in 2024 that develops and enhances connectivity and walkability between parks and within city. Work with staff to understand their long term plan to connect parks and how ESC can help o Provide water bottle filling stations at all parks. o Plant edible plants - permaculture additions to parks (citrus, mulberry, fig, etc.) o Update Parks Master Plan o Implement updated Parks Master Plan Page 3 of 13 Agenda Item #5.C. 14 Feb 2024 Page 7 of 165 •SR 6 Expand and convert one/all community centers into a Resilience Hub(s) o Host a “What is a Resilience Hub” educational event o Host a community charrette to hear what the community wants o Secure additional funding •SR 7 Help recruit volunteers, subject matter experts, and partners by at least 20. •SR 8 Support Tree Subcommittee to expand data and understanding of tree canopy and its benefits via at least 3 actions. •SR 9 Support Outreach Subcommittee with content to educate the community at least once a month on environmental stewardship, sustainability and resilience actions and strategies •SR 10 Host a Household Hazardous Waste event in AB (Duplicate to SR 1 Solid Waste) •SR 11 Help increase effectiveness, accessibility, productivity, accountability, and satisfaction of all S&R meetings, processes, and funding and measure success via annual ESC self-evaluation questionnaire overall scores •SR 12 Help at least one other municipality to start its own ESC or pursue LEED for Cities certification o COJ, CONB, COJB and/or another municipality in NE FL enacts its own ESC o COJ, CONB, COJB and/or another municipality in NE FL pursue LEED for Cities certification Page 4 of 13 Agenda Item #5.C. 14 Feb 2024 Page 8 of 165 S&R 2024 Priority Actions List [COLOR KEY: Not Started (ORANGE) / In Progress (YELLOW) / Completed (GREEN) / Overdue (RED) / Unable to Complete (PURPLE)] •SR 1 Work on at least one action item in each focus area of the S&R CAP and plan for 2027 LEED Recertification •SR 2 Work with City Manager and staff to add environmental stewardship, sustainability, and resilience to all city employee job descriptions, responsibilities and/or performance review. •SR 3 Update/pass at least one policy or ordinance and/or improve at least one internal city practice through staff coordination •SR 4 Explore ways to develop Mayport Road well and in a sustainable, environmentally-friendly, resilient and attractive manner •SR 5 Improve experience in parks and open spaces with at least two significant actions and help with the update and continued implementation of the Parks Master Plan •SR 6 Expand and convert one/all community centers into a Resilience Hub(s) •SR 7 Help recruit volunteers, subject matter experts, and partners by at least 20. •SR 8 Support Tree Subcommittee to expand data and understanding of tree canopy and its benefits via at least 3 actions. •SR 9 Support Outreach Subcommittee with content to educate the community at least once a month on environmental stewardship, sustainability and resilience actions and strategies •SR 10 Host a Household Hazardous Waste event in AB •SR 11 Help increase effectiveness, accessibility, productivity, accountability, and satisfaction of all S&R meetings, processes, and funding and measure success via annual ESC self- evaluation questionnaire overall scores •SR 12 Help at least one other municipality to start its own ESC or pursue LEED for Cities certification S&R 2024 Priorities Work Plan Schedule Priority Ref # HOW WILL ACHIEVE PRIORITY TASK / ACTION SUB-TASKS / BITE-SIZE SUB-ACTIONS MONTH / DUE DATE PROGRESS STATUS LEAD NOTES / VOLUNTEER OR FUNDING NEEDS SR 1 Natural Systems & Ecology 1) Complete Chemical Management Plan (CMP) Meet with appropriate staff to assess best way to proceed with such plan (e.g., section-by-section; obstacles, known best practices) Jan Not Started Mark Research other municipality plans & best practices Jan-Feb Not Started Mark & WG CMP WG Draft no-low pesticide and native FL friendly section Jan-Feb Not Started Mark & WG CMP WG Draft another section Mar-Apr Not Started Mark & WG CMP WG Draft another section May-Jun Not Started Mark & WG CMP WG Draft another section Jul-Aug Not Started Mark & WG CMP WG Combine all sections into first draft of plan; assess if there are any budget needs Sep Not Started Mark & WG CMP WG SR 1 Natural Systems & Ecology 2) Pass a required integrative biocide and chemical management plan for city operations and voluntary guidelines for private sector. Staff introduces to Commission Oct In Progress Mark Commission considers and passes plan Nov-Dec Not Started Mark SR 1 Quality of Life / Livability 1) Light pollution phase out/Dark Sky certification Research Dark Sky certification and see what AB can realistically implement; Research best practices including phasing in better lighting when a bulb expires; Jan-Feb Not Started Sarah & WG Light pollution WG Organize an internal educational webinar on light pollution and Dark Sky certification; Jan-Feb Not Started Sarah & WG Recruit volunteers for light pollution working group Jan-Feb Not Started Sarah & WG Meet with appropriate staff for their ideas and to understand pathway for Mar Not Started Sarah & WGPage 5 of 13Agenda Item #5.C.14 Feb 2024Page 9 of 165 adoption Combine research with suggestions from staff and meet again with staff to do temperature check Apr Not Started Sarah & WG Draft proposed guidelines / policy / ordinance for city to adopt Jun-Jul Not Started Sarah & WG Submit to staff to consider Aug Not Started Sarah Staff submits to Commission if necessary Sep-Nov Not Started Sarah SR 1 Quality of Life / Livability 2) Improve healthy food access in AB Meet with appropriate staff for suggestions and opportunities; Touch base with Overalls Farms re: status of starting a local service farm Jan Not Started Sarah & WG Recruit volunteers for healthy food access working group Jan-Feb Not Started Sarah & WG There are several AB residents on Overalls waiting list who might be interested Seek community input Jan-Feb Not Started Sarah & WG Assess and list out feasibility, cost, and timeline for suggestions and opportunities discovered Mar-May Not Started Sarah & WG Implement feasible suggestions Jun-Dec Not Started Sarah & WG SR 1 Quality of Life / Livability 3) Decide metrics and milestones for QOL&L topic and begin to collect data Research feasible success metrics for each QOL&L topic including how easy it will be able to collect data Jan-Mar Not Started Sarah Set milestones for each QOL&L topic Apr-May Not Started Sarah Recruit for QOL&L WG May Not Started Sarah Collect data for each QOL&L topic May-Oct Not Started Sarah Add to S&RCAP Oct-Dec Not Started Sarah SR 1 Energy & Climate 1) Explore solar opportunities for AB Meet with staff regarding solar opportunities for city operations including possible Resilience Hub and community opportunities (e.g., rooftop solar co-op, community solar, microgrid, blockchain, CPACE, etc.); Research current available options and costs Jan-Feb Not Started Sarah Meet with JEA about possible options Mar-Apr Not Started Sarah Explore each opportunity in detail especially co-op option Apr-Jun Not Started Sarah Draft plan to implement one or more options even if it is just education to increase adoption Jun-Jul Not Started Sarah Implement Jul-Dec Not Started Sarah SR 1 Energy & Climate 2) Conservation Challenge Meet with public utilities staff to obtain data for those who want to participate in challenge Dec-Jan Not Started Sarah Draft Challenge Training & Schedule Dec-Jan Not Started Sarah Launch Conservation Challenge Jan Not Started Sarah Work with JEA on possibilities and educational outreach Jan-Feb Not Started Sarah Implement monthly training Jan-Dec Not Started Sarah SR 1 Water 1) Assess viability of meter alerts (replace expired meters) Work with staff to understand feasibility and cost; work with Public Utilities to put in their 24-25 budget if necessary Jan-Feb Not Started Romy Page 6 of 13Agenda Item #5.C.14 Feb 2024Page 10 of 165 Meet with JEA to learn about their system of alerts Feb-Mar Not Started Romy Propose plan to replace expired meters with smart meters that can provide alerts Apr-May Not Started Romy Implement plan Jun-Dec Not Started Romy Water 2) Conservation Challenge Work with JEA to be a part of their UF H20Sav program Dec-Jan Not Started Sarah Meet with public utilities staff to obtain data for those who want to participate in challenge Dec-Jan Not Started Sarah Draft Challenge Training & Schedule Dec-Jan Not Started Sarah Launch Conservation Challenge Jan Not Started Sarah Implement monthly training Jan-Dec Not Started Sarah SR 1 Green Building & Infrastructure 1) Draft and pass a voluntary green building ordinance for private sector and mandatory for public sector Research best voluntary green building ordinances and incentives Dec-Feb Not Started Sarah Meet with staff to get their ideas and concerns and best place to insert into code as well as how to incentivize and enforce Jan-Feb Not Started Sarah Draft presentation and survey to present to community Mar-Apr Not Started Sarah Seek feedback from community May-June Not Started Sarah Draft ordinance July Not Started Sarah Seek ESC approval August Not Started Sarah Send to Commission for approval Sep-Nov Not Started Sarah Educate community about new ordinance Nov-Dec Not Started Sarah SR 1 Green Building & Infrastructure 2) Help update of Storm Water Management plan to be as resilient, sustainable, environmentally and tree friendly as possible Review current SW mgmt. plan and meet with staff about planned updates as well as their timeline for update Jan-Mar Not Started Romy & Sarah Research best practices and what other cities have done to incorporate resilience, tree friendly and sustainable practices into their SW plans and implementation Apr-May Not Started Romy & Sarah Help educate and seek public input Jun-July Not Started Romy & Sarah Help staff pass update Aug-Sep Not Started Romy & Sarah Help educate community about updated SW Mgmt Plan Oct-Dec Not Started Romy & Sarah SR 1 Solid Waste 1) Start a compost pilot Meet with staff to discuss best format for this pilot (e.g., drop off location, garden, curbside, challenge) Jan Not Started SarahPage 7 of 13Agenda Item #5.C.14 Feb 2024Page 11 of 165 Set goals and timeline for pilot based on what was discussed with staff Feb Not Started Sarah Create launch and program collateral Mar Not Started Sarah Launch pilot at Earth Day event Apr Not Started Sarah Manage and collect lessons learned May-Oct Not Started Sarah Analyze and share data and lessons learned from pilot and decide whether to expand Nov-Dec Not Started Sarah SR 1 & 10 Solid Waste 2) Household Hazardous Waste Event Meet with staff to discuss location, logistics, cost, scope, and promotion Jan-Feb Not Started Sarah Figure out date and time and work with COJ to set up Feb-Mar Not Started Sarah Promote the event; educate about HHW TBD Not Started Sarah Recruit volunteers to help with event if needed TBD Not Started Sarah Host event TBD Not Started Sarah Share pictures and metrics from event; document lessons learned TBD Not Started Sarah SR 1 & 4 Transportation & Land Use 1) Explore ways to develop Mayport Road well and in a sustainable, environmentally- friendly, resilient and attractive manner Meet with staff to obtain history of what has already been tried or is in progress (e.g., proposed road diet) and to seek ideas of what they want and think is feasible Jan-Feb Not Started Sarah Research and seek ideas from elsewhere; explore what Mayport could be Mar-Apr Not Started Sarah Understand what tools the City has to use and how feasible they are to use to implement possible vision Mar-Apr Not Started Sarah Map out specific ways to create the Mayport sector that we want TBD Not Started Sarah SR 1 Transportation & Land Use 2) Fleet assessment (slow speed vehicle - golfcart) Seek green light from City Manager/staff and police department to contract this free service from TPO Dec-Jan Not Started Sarah Reach out to TPO to confirm assessment and timeline Feb Not Started Sarah Assessment done TBD Not Started Sarah Analyze results TBD Sarah Staff/ESC makes recommendations to departments and Commission TBD Sarah SR 1 & 7 Governance, Community Education & Outreach 1) Help recruit volunteers, subject matter experts, and partners by at least 20. Brainstorm and collect volunteer, SME and partner needs from each ESC member and ESC subcommittee chairs Dec23- Jan24 Not Started Heather & Subcom Chairs Crossover with some SR 1 subtasks Work with OSC to start a “block/neighborhood communicator/ambassador” program Dec23- Jan24 Not Started Sarah Draft up role descriptions, expectations and time commitment Jan Not Started Heather & Subcom Chairs Brainstorm potential people and partners Jan-Feb Not Started Heather & ALL ESCPage 8 of 13Agenda Item #5.C.14 Feb 2024Page 12 of 165 Actively recruit volunteers Jan-Mar Not Started Heather & ALL ESC Onboard, orient and/train Feb-Apr Not Started Heather & Subcom Chairs Activate and standup appropriate structure (individual = supervision; WG = meetings, zoom, chair; partners = MOU or casual and clear expectations) Apr-May Not Started Heather & Subcom Chairs Manage and set goals Apr-Dec Not Started Heather & Subcom Chairs Create a great experience to help with retention Jan-Dec Not Started Heather & Subcom Chairs Recognize the volunteers / SMEs / Partners Nov-Dec Not Started Heather & Subcom Chairs SR 1 & 8 Governance, Community Education & Outreach 2) Support Tree Subcommittee to expand data and understanding of tree canopy and its benefits via at least 3 actions from a S&R perspective Create plan and execute a voluntary mature tree inventory (launch on Arbor Day) Dec23- Jan24 Not Started Sarah & Heather Check/verify with Tree Subcommittee that they like and want our topics and actions Dec-Jan Not Started Sarah Research conflict between swales, pervious/impervious and trees including asking staff, best practices from other cities, and specific trees that don’t mind their feet wet; and turn into educational collateral Jan-Feb Not Started Romy & Heather Recruit SMEs Jan-Feb Not Started Tree Subcom & Heather Crossover with Tree Subcom Create educational content for Tree & OSC on how trees help with resilience of property – absorb water, wind break, lowers temperature, storm water management, and increase property values Jan-Mar Not Started Heather & Sarah Put in OSC content and editorial calendar Help figure out how much tree loss is really happening -- weekend chainsaw, city projects removing trees, storm loss, dead tree loss and replacement process in parks; Ask staff about process in removing and replacing trees on city projects; Ask staff best ideas on how to measure and address tree loss by storms; Ask staff about private drones measuring loss; and turn into educational collateral Apr-May Not Started Tree Subcom & Heather Crossover with Tree Subcom Gain data / knowledge on young trees; how do we forecast into the future to actually meet and maintain our 40% goal and turn into educational collateral Jun-Jul Not Started Tree Subcom & Heather Crossover with Tree SubcomPage 9 of 13Agenda Item #5.C.14 Feb 2024Page 13 of 165 Address the “convenience factor” – that it is easier to just cut down instead of maintain; demonstrate how benefits outweigh inconvenience/costs and turn into educational collateral Aug-Sep Not Started Tree Subcom & Heather Crossover with Tree Subcom Research best practices for incentivizing native and/or Florida friendly trees and vegetation and turn into educational collateral Aug-Oct Not Started Mark & Heather Crossover with Chemical Mgmt Plan & Tree Sibcom Incorporate discovered best practices into policy / ordinance; and turn into educational collateral Oct-Nov Not Started Mark & Heather Crossover with Chemical Mgmt Plan & Tree Sibcom SR 1 & 9 Governance, Community Education & Outreach 3) Support Outreach Subcommittee with content to educate the community at least once a month on environmental stewardship, sustainability and resilience actions and strategies Create a “how to” make your property more resilient campaign for OSC to push out Jan-Feb Not Started Sarah & Heather Check/verify with Outreach Subcommittee that they like and want our topics and actions Dec-Jan Not Started Sarah Create educational collateral for one S&RCAP focus area Jan Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Feb Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Mar Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Apr Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area May Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Jun Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Jul Not Started Heather & Sarah Create educational collateral for one S&RCAP focus area Aug Not Started Heather & Sarah Create educational collateral about LEED for Cities Sep Not Started Sarah & Heather Create educational collateral from past S&S series and 2024 “How To” Series Oct-Dec Not Started Heather & Sarah SR 1 & 11 Governance, Community Education & Outreach 4) Help increase effectiveness, Send out calendar invites for S&R meetings Dec23 Not Started S&R Chair & SarahPage 10 of 13Agenda Item #5.C.14 Feb 2024Page 14 of 165 accessibility, productivity, accountability, and satisfaction of all S&R meetings, processes, and funding and measure success via annual ESC self-evaluation questionnaire overall scores Send out follow up emails and task invites after each meeting with specific member task items with deadlines Jan-Dec Not Started S&R Chair & Sarah Set up automatic emails reminding ESC members to submit suggested agenda items, planner/calendar/metrics Jan Not Started S&R Chair & Sarah Research funding opportunities and pursue at least one Jan-Dec Not Started S&R Chair & Sarah Governance, Community Education & Outreach 5) Plan for 2027 LEED Recertification Research to see if LEED for Cities and Communities Rating System has been updated and/or any thresholds have changed Jan-Feb Not Started Sarah Set up an easy annual performance metric data collection system and form Mar-Apr Not Started Sarah Review 2022 certification and see where we could improve May-Jun Not Started Sarah Assess whether we have a pathway to Platinum and what that pathway would entail Jul-Aug Not Started Sarah Perform 2024 S&RCAP survey Sep-Oct Not Started Sarah Update 2024 S&RCAP Nov-Dec Not Started Sarah SR 2 Work with City Manager and staff to add environmental stewardship, sustainability, and resilience to all city employee job descriptions, responsibilities and/or performance review. Research best practices and other cities on how to add environmental stewardship, sustainability, and resilience to all city employee job descriptions, responsibilities and/or performance review. Jan-Mar Not Started Sarah Meet with staff and City Manager to discuss Jan Not Started Sarah Draft Apr-May Not Started Sarah Implement Jun-Jul Not Started Sarah SR 3 Update/pass at least one policy or ordinance See SR 1 Green Building ordinance (Crossover) SR 3 Improve at least one internal city practice through staff coordination See SR 1 & 11 to Set up an easy annual performance metric data collection system and form (Crossover) SR 5 Improve experience in parks and open spaces with at least two significant actions and help with the update and continued Provide water bottle filling stations at all parks and plant edible plants - permaculture additions to parks (citrus, mulberry, fig, etc.) Add to Parks Master Plan update and help staff implement Dec23 Not Started Sarah Page 11 of 13Agenda Item #5.C.14 Feb 2024Page 15 of 165 implementation of the Parks Master Plan Choose at least one action and implement it in 2024 that develops and enhances connectivity and walkability between parks and within city. Work with staff to understand their long term plan to connect parks and how ESC can help Jan-Feb Not Started Mark Update Parks Master Plan Dec-Feb In Progress Mark Implement Parks Master Plan Jan-Dec Not Started Mark SR 6 Expand and convert one/all community centers into a Resilience Hub(s) Host a “What is a Resilience Hub” educational event Jan-Mar Not Started Sarah Host a community charrette to hear what the community wants Apr-Jun Not Started Sarah Secure additional funding Jan-Dec Not Started Sarah SR 7 Help recruit volunteers, subject matter experts, and partners by at least 20. See SR 1 & 7 above Not Started Sarah SR 8 Support Tree Subcommittee to expand data and understanding of tree canopy and its benefits via at least 3 actions. See SR 1 & 8 above AND learn from Tree Subcommittee which three actions they are going to take. Not Started Sarah SR 9 Support Outreach Subcommittee with content to educate the community at least once a month on environmental stewardship, sustainability and resilience actions and strategies See SR 1 & 9 above Not Started Sarah SR 10 Host a Household Hazardous Waste event in AB See SR 1 & 10 above Not Started Sarah SR 11 Help increase effectiveness, accessibility, productivity, accountability, and satisfaction of all S&R meetings, processes, and funding and measure success via annual ESC self-evaluation questionnaire overall scores See SR 1 & 11 above Not Started Sarah SR 12 Help at least one other municipality to start its own ESC or pursue LEED for Cities certification Help COJ, CONB, COJB and/or another municipality in NE FL enacts its own ESC Jan-Dec Not Started Sarah COJ, CONB, COJB and/or another municipality in NE FL pursue LEED for Cities certification Dec-Dec Not Started SarahPage 12 of 13Agenda Item #5.C.14 Feb 2024Page 16 of 165 Page 13 of 13Agenda Item #5.C.14 Feb 2024Page 17 of 165 Page 18 of 165 Environmental Stewardship Committee Tree Subcommittee January 10, 2024 MINUTES Environmental Stewardship Committee Tree Subcommittee Meeting Wednesday, January 10, 2024 - 5:15 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Daniele Giovannucci, Bruce Andrews, Mark Gabrynowicz, Patrick Nobles Also Present: Amanda Askew, Planning & Community Development Dir. (PCDD) Sarah Boren Amy Palmer 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:20 p.m. 2. APPROVAL OF MINUTES A. Approve minutes of the December 13, 2023 ESC Tree Subcommittee meeting. The minutes were approved. 3. COURTESY OF THE FLOOR (5 MINS.) There were no public comments. 4. REPORTS Amanda was asked to plan for the subcommittee to review the staff-prepared tree report at the second meeting of each quarter. 5. OLD BUSINESS A. Ongoing discussion of changes to Chapter 23, Protection of Trees and Native Vegetation. The committee discussed how to move forward with the changes to the ordinance that they have been working on. Amanda reported that she will present the proposed changes to the Commission at their next meeting on January 22nd. 6. NEW BUSINESS A. 2024 tree fund budget discussion. Mark handed out a template for a budget that contemplates allocating a percentage of the fund for each category of expenditure – Adopt-a-Tree, Tree Give Away, Streetscape/Park Plantings, Public Property and ROW beautification, Demo Gardens, Page 1 of 2 Agenda Item #5.D. 14 Feb 2024 Page 19 of 165 Environmental Stewardship Committee Tree Subcommittee January 10, 2024 Heritage Tree Maintenance, Canopy Assessment, Education/Outreach, and a Reserve. We agreed to discuss further at our next meeting. B. Recommendation for policy changes to require the budgeting of funds for tree plantings and landscaping for new public building and road projects (see attachment). The committee discussed and Amanda agreed to review with the City Manager. **Another item identified for next month's agenda is trees that are relocated within an existing property. 7. ADJOURNMENT There being no further discussion, the meeting adjourned at 6:03 p.m. Page 2 of 2 Agenda Item #5.D. 14 Feb 2024 Page 20 of 165 ESC Planner/Calendar/Metrics February 2024 Agenda Item #6.A.14 Feb 2024Page 21 of 165 ESC Planner Agenda Item #6.A.14 Feb 2024Page 22 of 165 ​Month COAB/ESC Internal Meetings ESC External Events ESC Initiatives/Efforts ESC Deadlines ESC Planning Timeframes Jan24 8: Commission Mtg 10: ESC Tree Subcom & ESC Mtg 13: MLK Jr Day Celebration - SeaWalk 17: ESC Outreach Mtg 20: Commission Town Hall 22: C24 & Comp Plan Workshop 22:: Commission Mtg 24: Charter Review Committee 25: ESC S&R Subcom Mtg 29: Commission Priority Setting 19: Arbor Day Event & Launch of AB Mature Tree Inventory Contest thru 2/29 Review results from ESC’s Self-Evaluation &  Continual Improvement Questionnaire and decide what 1-2 items to work on in 2024 Launch CAP survey Update CAP 1: ESC suggested agenda items due 3: Tree Subcom agenda materials due by 3pm 10: OSC agenda materials due by 3pm 17: S&R agenda materials due by 3pm 24: Tree Subcom minutes due 31: OSC & S&R minutes due NL items sent at any time OSC finishes & implements Arbor Day Event ESC starts 2024-2025 ESC budget based on approved priorities in Dec OSC performs a new resident search and mailing OSC promotes Spring 24 Adopt-a-Tree Planting program OSC plans for 1/21 Earth Day event S&R implements CAP survey and updates CAP S&R maps out Conservation Challenge Feb24 12: Commission Mtg 14: ESC Tree Subcom & ESC Mtg 21: ESC Outreach Mtg 22: ESC S&R Subcom Mtg 26: Commission Mtg 28: Charter Review Committee 1: ESC Env Stewardship How-To series 20: Amy Franqui at Beaches Library (partner) 24: Howell Park Weed Wrangle (partner First Coast Invasive Working Group) 24: Household Haz Waste JB 9-3 AB Mature Tree Inventory Contest Conservation Challenge 1: ESC suggested agenda items due 7: Tree Subcom agenda materials due by 3pm 14: OSC agenda materials due by 3pm 14: S&R agenda materials due by 3pm 28 Tree Subcom minutes due 29: OSC & S&R minutes due NL items sent at any time ESC continues work on 2024-2025 ESC budget based on approved priorities in Dec OSC continues to promote Spring 24 Adopt-a- Tree Planting program OSC shares stories/pictures/metrics from Arbor Day with community OSC promotes March events OSC plans for 1/21 Earth Day event Mar24 11: Commission Mtg 13: ESC Tree Subcom & ESC Mtg 25: Commission Mtg 27: ESC Outreach Mtg 27: Charter Review Committee 28: ESC S&R Subcom Mtg 7: AB Env Stewardship How-To Series 9: Tour de Parks (City 10 park ride) TBD: Brazilian Pepper Tree Removal Event Conservation Challenge 1: ESC suggested agenda items due 6: Tree Subcom agenda materials due by 3pm 20: OSC agenda materials due by 3pm 20: S&R agenda materials due by 3pm 27 Tree Subcom minutes due 31: OSC & S&R minutes due NL items sent at any time ESC discusses draft 2024-2025 ESC budget OSC shares stories/pictures/metrics from Arbor Day with community OSC plans for 1/21 Earth Day event Apr24 8: Commission Mtg 10: ESC Tree Subcom & ESC Mtg 13: Commission Town Hall 17: ESC Outreach Mtg 22: Commission Mtg 24: Charter Review Committee 25: ESC S&R Subcom Mtg 4: AB Env Stewardship How-To Series 21: AB Earth Day Famers Market/Festival Conservation Challenge 1: ESC suggested agenda items due 3: Tree Subcom agenda materials due by 3pm 10: OSC agenda materials due by 3pm 17: S&R agenda materials due by 3pm 24 Tree Subcom minutes due 30: OSC & S&R minutes due NL items sent at any time ESC submits budget to staff OSC performs a new resident search and mailing  Agenda Item #6.A.14 Feb 2024Page 23 of 165 2024 Planning & Calendar January •19: Arbor Day Flag Raising & Launches Mature Tree Inventory Contest •21: Arbor Day Tree Giveaway •ESC starts 2024-2025 ESC budget based on approved priorities in Dec •OSC performs a new resident search and mailing February •ESC subcommittees suggest their 2024-2025 ESC budget items •1: AB Environmental Stewardship How-To Series •24: Weed Wrangle •OSC promotes Spring 24 Adopt-a-Tree Planting program •Mature Tree Inventory Contest; Conservation Challenge March •ESC discusses draft 2024-2025 ESC budget •7: AB Environmental Stewardship How-To Series •9: Tour de Parks (partnering) •Spring Break: Brazilian Pepper Tree Invasive Removal Event •Conservation Challenge April •4: AB Environmental Stewardship How-To Series •21: AB Earth Day Festival •Submit ESC budget to staff •OSC performs a new resident search and mailing May •2: AB Environmental Stewardship How-To Series June •6: AB Environmental Stewardship How-To Series July •4: AB Environmental Stewardship How-To Series •OSC performs a new resident search and mailing August •1: AB Environmental Stewardship How-To Series September •5: AB Environmental Stewardship How-To Series October •3: AB Environmental Stewardship How-To Series •OSC performs a new resident search and mailing •ESC performs annual review of Chapter 23 & submits updates to staff & Commission November •7: AB Environmental Stewardship How-To Series December •5: ESC Annual Awards Notes: •Decided events with dates still TBD: •Lunch & Learn with PV Title TBD •What is a Resilience Hub educational event TBD •Household Hazardous Waste event TBD – Fall / Q4 Agenda Item #6.A.14 Feb 2024Page 24 of 165 Beyond 2024 2025 •3rd Friday in January – Arbor Day 2026 •3rd Friday in January – Arbor Day 2027 •3rd Friday in January – Arbor Day •Seek LEED for Cities recertification (shoot for Platinum?) 2028 •3rd Friday in January – Arbor Day Agenda Item #6.A.14 Feb 2024Page 25 of 165 ESC 90 Day Calendar Agenda Item #6.A.14 Feb 2024Page 26 of 165 FEBRUARY 2024 SUN MON TUES WED THURS FRI SAT 1 2p Tai Chi 6p Youth Council 2 3 10-2 Beaches Green Market (Penman) 4 10-2 Farmer’s Market 6p Songwriter’s Concert 5 10:30a Chair Yoga 5:30p Commission Priority Setting 6 11a Tai Chi 7 8 2p Tai Chi 6:30p Pension Bd Mtgs 9 10 10-2 Beaches Green Market (Penman) 11 10-2 Farmer’s Market 12 10:30a Chair Yoga 6:30p Commission Mtg 13 11a Tai Chi 6p ARCC 14 5:15 Tree Subcom 6pm ESC mtg 15 2p Tai Chi 6p STOP 16 17 10-2 Beaches Green Market (Penman) 3p Black History Month Music &Trivia 18 10-2 Farmer’s Market 19 10:30a Chair Yoga 20 11a Tai Chi 6p CDB 6pm Yard Invaders Wkshp at Library 21 4:45pm ESC Outreach Subcom 22 9am ESC S&R Subcom 2p Tai Chi 5p Manhattan Beach Proj 23 24 9a-12p Weed Wrangle 9-3 JB HHW event 6:30p Black History Month Movie Night 25 10-2 Farmer’s Market 26 10:30a Chair Yoga 6:30p Commission Mtg 27 11a Tai Chi 28 6pm Charter Review Committee 29 2p Tai Chi Last day of Mature Tree Inventory Contest Agenda Item #6.A.14 Feb 2024Page 27 of 165 MARCH 2024 SUN MON TUES WED THURS FRI SAT 1 2 10-2 Beaches Green Market (Penman) 3 10-2 Farmer’s Market 6p Songwriter’s Concert 4 10:30a Chair Yoga 5 11a Tai Chi 1-4p 6p ARCC Wkshp 6 7 2p Tai Chi 2p Code Enforcemt 6p Youth Council 6pm AB ES How- To 8 9 9a Tour de Parks 10-2 Beaches Green Market (Penman) 10 10-2 Farmer’s Market 11 10:30a Chair Yoga 6:30p Commission Mtg 12 11a Tai Chi 6p ARCC 13 5:15 Tree Subcom 6pm ESC mtg 14 2p Tai Chi 15 16 10-2 Beaches Green Market (Penman) 17 10-2 Farmer’s Market 18 10:30a Chair Yoga 19 11a Tai Chi 20 6p CDB 21 2p Tai Chi 5p Artist Reception 6p STOP 22 23 10-2 Beaches Green Market (Penman) 24 10-2 Farmer’s Market 25 10:30a Chair Yoga 6:30p Commission Mtg 26 11a Tai Chi 27 4:45pm ESC Outreach Subcom 6pm Charter Review Committee 28 9am ESC S&R Subcom 2p Tai Chi Agenda Item #6.A.14 Feb 2024Page 28 of 165 APRIL 2024 SUN MON TUES WED THURS FRI SAT 1 10:30a Chair Yoga 2 11a Tai Chi 3 5p Teen Council 4 6pm AB ES How- To 11a Tai Chi 5 6 10-2 Beaches Green Market (Penman) 7 10-2 Farmer’s Market 6p Songwriter’s Concert 8 10:30a Chair Yoga 6:30p Commission Mtg 9 11a Tai Chi 6p ARCC Wkshp 10 5:15 Tree Subcom 6pm ESC mtg 11 2p Tai Chi 12 13 9a Tour de Parks 10a Town Hall 10-2 Beaches Green Market (Penman) 14 10-2 Farmer’s Market 15 10:30a Chair Yoga 16 11a Tai Chi 6p ARCC 17 4:45pm ESC Outreach Subcom 6p CDB 18 2p Tai Chi 6p STOP 19 20 10-2 Beaches Green Market (Penman) 21 ESC Earth Day / Tree Giveaway 10-2 Farmer’s Market 22 10:30a Chair Yoga 6:30p Commission Mtg 23 11a Tai Chi 24 6pm Charter Review Committee 25 9am ESC S&R Subcom 2p Tai Chi 5p Artist Reception 26 27 10-2 Beaches Green Market (Penman) 28 10-2 Farmer’s Market 29 10:30a Chair Yoga 30 11a Tai Chi Agenda Item #6.A.14 Feb 2024Page 29 of 165 ESC 2024 Efforts to Date Agenda Item #6.A.14 Feb 2024Page 30 of 165 January 2024 Efforts Decided upon our 2024 Chairs: ESC Chair (Sarah Boren); Tree Subcom Chair (Bruce Andrews); Outreach Subcom Co-Chairs (Anatasia Houston & Patrick Nobles); and S&R Subcom Chair (Sarah Boren) Arbor Day a HUGE success! 30+ ABE students for flag raising event 100% placement of 104 trees throughout AB 11 Adopt-A-Tree forms completed and submitted 34 Adopt-A-Tree forms passed out 92 residents pre-reserved trees 33 walk-ups 17 signups for future tree giveaway Charter Review Committee motion declined Chapter 23 Public Comment & Commission Discussion Item Agenda Item #6.A.14 Feb 2024Page 31 of 165 Agenda Item #6.A.14 Feb 2024Page 32 of 165 Agenda Item #6.A.14 Feb 2024Page 33 of 165 ESC Metrics (as of 2/9/24) •Tree Fund Amount: •Permits •Number of Permits YTD: 1 •Number of Trees Removed by permit YTD: 3 •Number of Inches Removed by permit YTD: 32 •Number of Trees Planted due to permits YTD: 0 •Arborist Letters •Sep 2020 – Dec 2023 •159 Letters •292 Trees lost (~100/yr) •1,926 documented inches lost (108 letters had no data on inches) •January 2024 – TBD •Collateral Materials Created: 6 •Newsletter Metrics •1/17/24 Newsletter •891 sends •535 (62%) opens •36 (4%) clicks •32 (4%) bounces •2 (1%) unsubscribes •1/23/24 Newsletter •980 sends •523 (54%) opens •16 (2%) clicks •17 (2%) bounces •5 (1%) unsubscribes •ESC Facebook Followers: 823 •ESC Contact List: ~1114 •Events (Jan 24): 2 (Flag Raising & Tree Giveaway •Volunteers (Jan 24): ~10 Agenda Item #6.A.14 Feb 2024Page 34 of 165 Agenda Item #6.A.14 Feb 2024Page 35 of 165 Proposed Metrics Metric Frequency of Report Details Reporter Maritime Forest: Tree Fund Monthly How much money is currently in tree fund Amanda Maritime Forest: Tree Permits Quarterly Number of permits YTD; Inches gained/lost YTD Abrielle Maritime Forest: Arborist Letters Quarterly Number of letters; number of trees; type & species of trees; inches at DBH; reason for removal Staff or ESC volunteer Maritime Forest: Trees planted Quarterly Number; location by neighborhood/district; Permits: Abrielle; City plantings: Brian Maritime Forest: Canopy Assessment (snapshot) Annual Increase/Decrease in total canopy; ____Consultant/ Staff Outreach: ESC Newsletter & Single emails Monthly Number of subscribers; open rate; clicks; bounces; unsubscribes; etc. Staff/OSC volunteer Outreach: ESC Social Media Monthly Number of posts; Number of likes/shares/followers/ impressions, etc. OSC volunteer Outreach: ESC Contact List Monthly Active names OSC volunteer Outreach: Volunteers Monthly Number of active volunteers; number on interested list; actional roles/activities OSC volunteer Agenda Item #6.A.14 Feb 2024Page 36 of 165 Proposed Metrics Continued Metric Frequency of Report Details Reporter Outreach: Events Monthly Number of registrants & attendees; number of people who signed up to volunteer; event survey results OSC volunteer Outreach: Collateral Materials Monthly Number of collaterals made and type OSC volunteer S&R: SRCAP Annual Report on progress made on CAP and toward 2050 goals S&R subcommittee S&R: Conservation Challenge Monthly (Q3 & Q4 2023) Reduction in energy and water consumption S&R subcommittee Parks: Parks: Beautification: Beautification:Agenda Item #6.A.14 Feb 2024Page 37 of 165 Old/Past Documents Agenda Item #6.A.14 Feb 2024Page 38 of 165 ​Month COAB/ESC Internal Meetings ESC External Events ESC Initiatives/Efforts ESC Deadlines ESC Planning Timeframes N​ov23 6: Parks Master Plan Workshop 8: ESC Tree Subcom & ESC Mtg 13: Commission Mtg (Houston) 15: ESC Outreach Mtg 20: Commission Workshop (Tentative) 27: Commission Mtg 28: Board Member Review Committee 29: Charter Review Committee 30: ESC S&R Subcom Mtg 2: ESC monthly speaker & salon series Draft 2023 CAP Report & Updated Plan AB Verified Tree Service on Marquee 1: All ESC Subcommittee minutes & calendar items due (1st Wed) 2: ESC Agenda packet items due 28: ESC Newsletter items due OSC plans 2024 Arbor Day Event ESC drafts 2024 priorities All ESC members recruit 2 new ESC members Chair drafts 2023 presentation to Commission D​ec23 4: Board Member Review Committee 11: Commission Mtg 13: ESC Tree Subcom & ESC Mtg 18: Charter Review Committee 18: Commission Workshop (Tentative) 20: ESC Outreach Mtg 21: ESC S&R Subcom Mtg 7: ESC monthly speaker & salon series Final 2023 CAP Report & Updated Plan Distribute 2024 VTS certificate/decal ESC’s Self-Evaluation & Continual Improvement  Questionnaire 6: All ESC Subcommittee minutes & calendar items due (1st Wed) 7: ESC Agenda packet items due 13: ESC approves 2024 priorities 26: ESC Newsletter items due OSC plans 2024 Arbor Day Event ESC approves 2024 priorities OSC creates plan to publicize Spring 24 Adopt-a- Tree Planting program Jan24 10: ESC Tree Subcom & ESC Mtg 17: ESC Outreach Mtg 18: STOP Mtg 24: Charter Review Committee 25: ESC S&R Subcom Mtg 4: ESC monthly speaker & salon series 19: Arbor Day Event Review results from ESC’s Self-Evaluation &  Continual Improvement Questionnaire and decide what 1-2 items to work on in 2024 1: All ESC agenda items & materials due for next meeting including subcommittee minutes, planner/calendar/metric items, & newsletter items 4: Tree Subcom agenda materials due by noon 11: OSC agenda materials due by noon 18: S&R agenda materials due by noon OSC finishes & implements Arbor Day Event ESC starts 2024-2025 ESC budget based on approved priorities in Dec OSC performs a new resident search and mailing OSC promotes Spring 24 Adopt-a-Tree Planting program Feb24 14: ESC Tree Subcom & ESC Mtg 15: STOP Mtg 21: ESC Outreach Mtg 22: ESC S&R Subcom Mtg 28: Charter Review Committee 1: ESC monthly speaker & salon series 1: All ESC agenda items & materials due for next meeting including subcommittee minutes, planner/calendar/metric items, & newsletter items 8: Tree Subcom agenda materials due by noon 15: OSC agenda materials due by noon 22: S&R agenda materials due by noon ESC continues work on 2024-2025 ESC budget based on approved priorities in Dec OSC continues to promote Spring 24 Adopt-a- Tree Planting program  Agenda Item #6.A.14 Feb 2024Page 39 of 165 JANUARY 2024 SUN MON TUES WED THURS FRI SAT 1 City Closed 2 9a Senior Social 11a Tai Chi 5p Tai Chi 8 wk 3 4 6p Youth Council 5 6 7 10-2 Farmer’s Market 6p Songwriter’s Concert 8 10:30a Chair Yoga 6:30p Commission Mtg 9 11a Tai Chi 5p Tai Chi 8 wk 6p ARCC 10 5:15p Tree Subcom 6p ESC mtg 11 2p Tai Chi 12 13 11am MLK Jr Day Celebration - SeaWalk 14 10-2 Farmer’s Market 15 MLK Jr. HOLIDAY 16 11a Tai Chi 5p Tai Chi 8 wk 6p CDB 17 4:45pm ESC Outreach Subcom 18 2p Tai Chi 5p Artist Reception 6p STOP 19 9am Arbor Day Flag Raising & Launch of Mature Tree Inventory Contest 20 10a Town Hall 21 10-2 Farmer’s Market ESC Tree Giveaway 22 10:30a Chair Yoga 6:30p Commission Mtg 23 11a Tai Chi 5p Tai Chi 8 wk 24 6pm Charter Review Committee 25 9am ESC S&R Subcom 2p Tai Chi 26 27 28 10-2 Farmer’s Market 29 10:30a Chair Yoa 5:30p Commission Priority Setting 30 11a Tai Chi 5p Tai Chi 8 wk 6p ARCC 31 Agenda Item #6.A.14 Feb 2024Page 40 of 165 NOVEMBER 2023 SUN MON TUES WED THURS FRI SAT 1 9am Yoga 2 2pm Code Enforce 2pm Tai Chi 6pm ESC S&S 6p Youth Cncl Mtg 3 4 9-5 Beaches Tour of Homes 10-2 Beaches Green Market (Penman) 10-11 Hike at GTMNERR 10-6 Right Whale Festival 3-8p Jazz Festival 5 10-2 Farmer’s Market 10-3 Right Whale Festival 6p Songwriter’s Concert 6 7 11am Tai Chi 8 9am Yoga 5:15 Tree Subcom 6pm ESC mtg 6pm WJCT ADAPT: Achieving a Resilient Jax 9 2pm Tai Chi 6:30p Pension Bd 10 CITY CLOSED FOR VETERANS DAY 11 9-11a Veterans Day Event 10-2 Beaches Green Market (Penman) 12 10-2 Farmer’s Market 13 6:30 Commission mtg 14 11am Tai Chi 6pm ARCC mtg 15 9am Yoga 4:45pm ESC Outreach Subcom 16 2pm Tai Chi 5-8p Artist Reception 6p STOP 17 18 10-2 Beaches Green Market (Penman) 19 10-2 Farmer’s Market 20 21 11am Tai Chi 6pm CDB mtg 22 9am Yoga 23 2pm Tai Chi CITY CLOSED FOR THANKSGIVING 24 CITY CLOSED FOR THANKSGIVING 25 10-2 Beaches Green Market (Penman) 26 10-2 Farmer’s Market 27 6:30 Commission mtg 28 11am Tai Chi 5:30p BMRC 29 9am Yoga 6pm Charter Review Committee mtg 30 9am ESC S&R Subcom 2pm Tai Chi 5-8pm Artisans’s Faire Agenda Item #6.A.14 Feb 2024Page 41 of 165 Summary of 2023 Efforts Advised COAB on policy for limiting smoking in public spaces to include beaches Provided recommendations to strengthen Chapter 23 while establishing outreach programs to increase community awareness of tree protection requirementsHosted Arbor Day Event in January 2023 Hosted Air Potato Weed Wrangle in partnership with First Coast Invasive Species Working GroupPartnered on successful Bull Family Land Dedication Hosted successful Earth Day themed AB Farmers Market Hosted successful monthly Speaker & Salon event Planted 51 “Adopt a Trees” throughout our city in 2023. Agenda Item #6.A.14 Feb 2024Page 42 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 1/54 Legislative Bill Summaries 01-SPOTLIGHT BILLS Alternate Mobility Funding Systems (Support) CS/HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the ... CS/HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the bills provide that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. (Cruz) Annual Inflation Adjustment to Homestead Exemption (Oppose) CS/HJR 7017 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. CS/HB HJR 7017 was amended to clarify that the annual inflation adjustment to the $25,000 exemption on assessed value for all levies, other than school district levies, and any future similar exemptions added to the constitution must be adjusted only when the inflation growth is positive. (Chapman) ... CS/HJR 7017 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. CS/HB HJR 7017 was amended to clarify that the annual inflation adjustment to the $25,000 exemption on assessed value for all levies, other than school district levies, and any future similar exemptions added to the constitution must be adjusted only when the inflation growth is positive. (Chapman) Increased Homestead Property Tax Exemption -1 (Oppose) CS/HB 7019 (Buchanan) is the implementing bill for HJR 7017 if it is voter-approved and would require an annual adjustment to the value of certain homestead exemptions. The bill would require that the Legislature appropriate funds to offset reductions in ad valorem tax revenue experienced by fiscally constrained counties due to the annual positive inflation adjustment. (Chapman) ... CS/HB 7019 (Buchanan) is the implementing bill for HJR 7017 if it is voter-approved and would require an annual adjustment to the value of certain homestead exemptions. The bill would require that the Legislature appropriate funds to offset reductions in ad valorem tax revenue experienced by fiscally constrained counties due to the annual positive inflation adjustment. (Chapman) Increased Homestead Property Tax Exemption (Oppose) Agenda Item #7.D. 14 Feb 2024 Page 43 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 2/54 HJR 7015 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000, for homestead property with an assessed value greater than $50,000. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) ... HJR 7015 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000, for homestead property with an assessed value greater than $50,000. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) Land Use and Development Regulations (Oppose) SB 1184 (Ingoglia) and CS/HB 1221 (McClain) are comprehensive bills relating to land use and development regulations. The bills amend various regulations relating to comprehensive plans. The bill would restrict optional elements of a comprehensive plan from containing a policy restricting density and intensity. The bills amend definitions of intensity, density, urban service area and urban sprawl to promote the construction of additional single-family, two-family and fee simple townhomes. The bills require local governments to adopt minimum lot sizes with single-family, two-family and fee simple townhouse zoning districts to accommodate the maximum density authorized in the comprehensive plan. ... SB 1184 (Ingoglia) and CS/HB 1221 (McClain) are comprehensive bills relating to land use and development regulations. The bills amend various regulations relating to comprehensive plans. The bill would restrict optional elements of a comprehensive plan from containing a policy restricting density and intensity. The bills amend definitions of intensity, density, urban service area and urban sprawl to promote the construction of additional single-family, two- family and fee simple townhomes. The bills require local governments to adopt minimum lot sizes with single-family, two-family and fee simple townhouse zoning districts to accommodate the maximum density authorized in the comprehensive plan. The bills require local governments to adopt infill redevelopment regulations to administratively approve the development of infill single-family, two-family and fee simple townhouses. HB 1221 also contains a provision that would require the automatic rezoning of agricultural land for single family housing in certain circumstances. This provision is not found in SB 1184. CS/HB 1221 was significantly amended with a delete-all amendment in the House Local Administration, Federal Affairs and Special Districts subcommittee. Relevant to municipal operation, the amendment inserted a provision that preempts local regulation relating to the building of new self-storage facilities and removed provisions related to the rezoning of agricultural enclaves. (Cruz) Local Business Taxes (Oppose) CS/HB 609 (Botana) and SB 1144 (DiCeglie) would repeal local governments' ability to levy a local business tax (LBT). CS/HB 609 was amended to no longer repeal the LBT. However, the amount of revenue generated from the collection of the LBT is being capped using fiscal year 23-24 as the base year. Local governments may not generate more revenue in any year moving forward above the base year of 23-24. Rates for the fees may be lowered, but not increased. (Chapman) ... CS/HB 609 (Botana) and SB 1144 (DiCeglie) would repeal local governments' ability to levy a local business tax (LBT). CS/HB 609 was amended to no longer repeal the LBT. However, the amount of revenue generated from the collection of the LBT is being capped using fiscal year 23-24 as the base year. Local governments may not generate more revenue in any year moving forward above the base year of 23-24. Rates for the fees may be lowered, but not increased. (Chapman) Millage Rates (Oppose) CS/HB 1195 (Garrison) and SB 1322 (Ingoglia) would require local government to have two-thirds vote of the membership of the governing body to increase the millage rate. CS/HB 1195 was amended to clarify that the Agenda Item #7.D. 14 Feb 2024 Page 44 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 3/54 two-thirds vote does not apply to existing millage rate increases that require a three-fourths or unanimous vote of the governing body or voter approval in a referendum under current law. (Chapman) ... CS/HB 1195 (Garrison) and SB 1322 (Ingoglia) would require local government to have two-thirds vote of the membership of the governing body to increase the millage rate. CS/HB 1195 was amended to clarify that the two-thirds vote does not apply to existing millage rate increases that require a three-fourths or unanimous vote of the governing body or voter approval in a referendum under current law. (Chapman) Municipal Utilities (Oppose) CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the ... CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the recipient jurisdictions’ governing bodies for the purpose of obtaining public input on utility matters. CS/CS/HB 1277 imposes a 10% cap of gross utility revenues on any utility enterprise fund transfers to the general fund. Beginning November 2024, municipal utilities providing extraterritorial services are required to submit an annual report to the Public Service Commission with information about the scope and nature of the services. Beginning January 2025, the Public Service Commission is required to aggregate the information submitted by municipal utilities and provide an annual report to the Legislature. SB 1510 specifies that the portion of utility revenues transferred to the general fund may not exceed the transfer rates specified in the bill. The specified transfer rates are based on the average midpoints of the rates of return on equity approved by the Public Service Commission for investor-owned utilities. The bill requires further reductions in the allowable transfer rate based on the percentage of the utility’s retail customers located outside the municipality’s boundaries. The bill further specifies that these reductions do not apply if the utility service is governed by a utility authority board that, through the election of voting members from outside the municipal boundaries, provides for proportionate representation of customers located outside the municipal boundaries. With respect to extraterritorial surcharges, CS/CS/HB 1277 and SB 1510 eliminate the first 25% extraterritorial surcharge that may be imposed without a public hearing. The bills eliminate the second 25% surcharge that may be imposed after a public hearing. In addition, the bills provide that rates, fees and charges that may be imposed on extraterritorial customers shall not exceed 25% (reduced from the 50% allowed under current law) of the total amount the municipality charges customers served within the municipality for corresponding service. The effective date of the bills is July 2025. (O’Hara) Residential Building Permits (Oppose) CS/CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following: ... CS/CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following: Expedited Approval of Residential Permits for Large Scale Developments •Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024. •Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits. •Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application. •CS/CS/HB 267 was amended to require applicants to have a performance bond for up to 130%. The Senate Companion, SB 684, requires applicants to have a Agenda Item #7.D. 14 Feb 2024 Page 45 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 4/54 performance bond for up to 120%. •Require applicants to indemnify local governments that issue the permit. •Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. •CS/CS/HB 267 was amended to remove the provisions above from the bill. Shorten Timeframes for Building Permits (applies to all municipalities) •CS/CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. SB 684 maintains this provision. •Reduce the timeframe when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant. •Reduce the number of times a municipality can ask an applicant for additional information. •Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. Only in CS/CS/HB 267: •Requires a local government to: oDetermine if a building permit application is complete within five business days of receiving the application, previously set at 10 days. oDetermine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days. oApprove, approve with conditions, or deny a complete and sufficient permit application within the following timeframes: 30 business days for applicants using local government review, previously set at 120 days; 15 business days for applicants using a private provider, previously set at 120 days; and 10 business days for applicants for a permit under an already-approved master plan permit, previously set at 120 days. 60 business days for applicants for a multifamily project; previously set at 120 days. oReview a completed application for sufficiency within 10 business days. oProvide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. (Branch) Sovereign Immunity (Oppose) CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July ... CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July 1, 2029, and to occur every five years thereafter. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. Both bills allow a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. The bills narrow the statute of limitation on negligence claims against government entities from four years to two years. CS/SB 472 was amended to mirror the provision in CS/CS/HB 569 that lowers the required pre-suit notice from three years to 18 months. Both bills also abolish the common law doctrine of “home venue privilege” in relation to negligence suits against the state. The Senate bill allows the limitations of liability in effect on the date a final judgment is entered to apply to the claim. Therefore, allowing claims that occurred prior to implementation of these new limits to avail themselves to the increase in caps. On the other hand, the House bill was amended to apply the increased caps to apply to accidents that occur after the effective date of the bill, October 1, 2024. (Cruz) Vacation Rentals (Oppose) CS/SB 280 (DiCeglie) and CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different: ... CS/SB 280 (DiCeglie) and CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different: CS/HB 1537: •Pay a fee of no more than $150 per unit for processing an individual registration application and a $50 per unit yearly renewal. A local government may impose a $300 fine for failure to register. •State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. •Requires the responsible party to respond to a complaint or emergency by 9 a.m. the next calendar day. •After five violations occur over a period of time, suspensions are set at 15 days, 30 days and 60 days, respectively. CS/SB 280: •Pay a “reasonable fee” per unit for processing an individual Agenda Item #7.D. 14 Feb 2024 Page 46 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 5/54 registration application and renewal. A local government may impose a $500 fine for failure to register. •State the maximum occupancy of the short-term rental is no more than two people per room plus two, or at a minimum of 50 sq ft. per person. •Display their individual registration number in a conspicuous location in the vacation rental. •After five violations occur over a period of time, suspensions are set at 30 days, 60 days and 90 days, respectively. Below are how the bills remain identical: Impact on Local Governments The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals as well as regulating the duration of stays and the frequency in which the properties are rented. Local Registration Programs The bills create a statewide process for the local registration of vacation rentals. Under the program, a local government has 15 days after receiving an application for registration to accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration program may only require the owner or operator of a vacation rental to: •Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Codes. •Renew their registration no more than once per year per unit, unless the property has a change in ownership. •Submit identifying information about the owner or the property manager and the short-term rental being registered. •Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR). •Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government. •Maintain all registration information on a continuing basis so it is current. •Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone 24 hours a day, seven days a week. •Pay in full all municipal or county code liens against the property being registered. June 1, 2011, Grandfather Provision The bills maintain the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bills clarify that cities may amend grandfathered ordinances to be less restrictive without voiding those ordinances. Impact on Advertising Platforms and DBPR Advertising platforms will now be required to: •Collect and remit all required taxes. •Require each person listing a property as a vacation rental to include in the advertisement the state license number and, if applicable, the local registration number. They will also be required to attest that the license and registration numbers are valid. •By January 1, 2026, the advertising platform will be required to check and verify the license number of all listings with DBPR prior to posting the advertisement. Additionally, license numbers must be checked at the end of each calendar quarter with the department. •Remove from public view an advertisement from their website within 15 business days after notification by DBPR in writing that a vacation rental fails to display a valid license number. •Adopt an anti- discrimination policy. Revocation/Denial of License A local government may revoke or refuse to renew a vacation rental registration: •An owner ’s vacation rental registration has been suspended three times. •There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien. •The premises and its owner are the subject of a final order or judgment directing the termination of the premises’ use as a vacation rental. (Wagoner) Articles in this section: 11 BUILDING CODE/CONSTRUCTION Expedited Approval of Residential Building Permits (Oppose) CS/HB 665 (McClain) and CS/SB 812 (Ingoglia) are comprehensive bills dealing with the expedited approval of residential building permits. Of concern to municipalities, the bills do the following: ... CS/HB 665 (McClain) and CS/SB 812 (Ingoglia) are comprehensive bills dealing with the expedited approval of residential building permits. Of concern to municipalities, the bills do the following: •Require counties with a population of 75,000 or more and municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by October 1, 2024. •Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits. •Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application. •Require applicants to have a performance bond for up to 130%. •Require applicants to indemnify local governments that issue the permit. •Specify that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. (Chapman) Public Works Projects (Oppose) Agenda Item #7.D. 14 Feb 2024 Page 47 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 6/54 CS/SB 742 (Grall) and CS/HB 705 (Shoaf) revise and expand the definition of "public works project" to include an activity that is paid using any local or state-appropriated funds. Under current law, this is defined as any state funds. Of concern to cities, the bills prohibit municipalities that contract for a public works project from requiring a contractor to do the following: ... CS/SB 742 (Grall) and CS/HB 705 (Shoaf) revise and expand the definition of "public works project" to include an activity that is paid using any local or state-appropriated funds. Under current law, this is defined as any state funds. Of concern to cities, the bills prohibit municipalities that contract for a public works project from requiring a contractor to do the following: •Pay employees a predetermined amount of wages or prescribe any wage rate •Provide employees a specified type, amount or rate of employee benefits •Control, limit or expand staffing •Recruit, train or hire employees from a designated, restricted or single source. (Branch) Residential Building Permits (Oppose) CS/CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following: ... CS/CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following: Expedited Approval of Residential Permits for Large Scale Developments •Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024. •Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits. •Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application. •CS/CS/HB 267 was amended to require applicants to have a performance bond for up to 130%. The Senate Companion, SB 684, requires applicants to have a performance bond for up to 120%. •Require applicants to indemnify local governments that issue the permit. •Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built. •CS/CS/HB 267 was amended to remove the provisions above from the bill. Shorten Timeframes for Building Permits (applies to all municipalities) •CS/CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. SB 684 maintains this provision. •Reduce the timeframe when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant. •Reduce the number of times a municipality can ask an applicant for additional information. •Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes. Only in CS/CS/HB 267: •Requires a local government to: oDetermine if a building permit application is complete within five business days of receiving the application, previously set at 10 days. oDetermine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days. oApprove, approve with conditions, or deny a complete and sufficient permit application within the following timeframes: 30 business days for applicants using local government review, previously set at 120 days; 15 business days for applicants using a private provider, previously set at 120 days; and 10 business days for applicants for a permit under an already-approved master plan permit, previously set at 120 days. 60 business days for applicants for a multifamily project; previously set at 120 days. oReview a completed application for sufficiency within 10 business days. oProvide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. (Branch) Use of Private Providers for Plans Review and Inspection (Monitor) HB 579 (Griffitts) allows private providers the ability to handle plans review and inspection tasks. Of concerns to cities, the bill does the following: ... HB 579 (Griffitts) allows private providers the ability to handle plans review and inspection tasks. Of concerns to cities, the bill does the following: •Defines "Private Provider Firm" as a business organization offering building code services to the public through licensed agents, including architects and engineers. •Requires private provider firms to qualify as business organizations if using licensed architects and engineers. •Allows building owners or their contractors to hire private providers for building code inspection services with a written contract. •Permits fee owners to use private providers for plans review or building inspections, with the possibility of requiring both if plans review is chosen. •Requires equal access to permitting and inspection documents for private providers, owners and contractors. •Prohibits Agenda Item #7.D. 14 Feb 2024 Page 48 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 7/54 the local building official from conducting their own plans review or inspections if a private provider is hired. •Specifies a timeframe of 12 business days for local building officials to issue permits or provide written notices regarding plan deficiencies. •If the local building official does not provide specific written notice to the permit applicant within the prescribed 12-day period, the permit application is deemed approved as a matter of law, and the permit must be issued by the local building official on the next business day. •Establishes a complaint process through the Department of Commerce for fee owners or contractors if local jurisdictions fail to reduce fees as required. (Branch) Other Bills of Interest SB 656 (DiCeglie) and HB 149 (Alvarez) – Continuing Contracts ... SB 656 (DiCeglie) and HB 149 (Alvarez) – Continuing Contracts HB 1307 (Redondo) and SB 1552 (Gruters) – Housing Developments SB 1200 (Rodriguez) and HB 1507 (Chambliss) – Enforcement of the Florida Building Code HB 1297 (Mooney) and SB 1465 (Rodriguez) – Affordable Housing in Areas of Critical State Concern Articles in this section: 5 CYBERSECURITY Artificial Intelligence (Monitor) SB 972 (Gruters) creates the Artificial Intelligence Advisory Council within the Department of Management Services. The purpose of the Council is to study and monitor the development of artificial intelligence systems in state government and prepare a report due to the Legislature by July 1, 2025. The bill preempts a county or city or any political subdivision thereof from regulating the private and public use of artificial intelligence systems. (Wagoner) ... SB 972 (Gruters) creates the Artificial Intelligence Advisory Council within the Department of Management Services. The purpose of the Council is to study and monitor the development of artificial intelligence systems in state government and prepare a report due to the Legislature by July 1, 2025. The bill preempts a county or city or any political subdivision thereof from regulating the private and public use of artificial intelligence systems. (Wagoner) Cybersecurity Incident Liability (Support) CS/HB 473 (Giallombardo) and SB 658 (DiCeglie) exempt cities and counties from liability in connection with a cybersecurity incident if the local entity has substantially complied with the current training and cybersecurity standards requirements under Section 282.3185, Florida Statutes. CS/HB 473 provides that political subdivisions of the state are also exempt from liability. (Wagoner) ... CS/HB 473 (Giallombardo) and SB 658 (DiCeglie) exempt cities and counties from liability in connection with a cybersecurity incident if the local entity has substantially complied with the current training and cybersecurity standards requirements under Section 282.3185, Florida Statutes. CS/HB 473 provides that political subdivisions of the state are also exempt from liability. (Wagoner) Cybersecurity (Monitor) CS/HB 1555 (Giallombardo) and CS/SB 1662 (Collins) make several changes to the State Cybersecurity Act (Act). The bills revise the reporting timelines and requirements for the “Cybersecurity Operations Center,” adding additional requirements for the state chief information officer and the chief information security officer. The Cybersecurity Operations Center is required to notify the President of the Senate and the Speaker of the House of Representatives as soon as possible, but no later than 24 hours after an incident. The bills require the Cybercrime Operations Center to notify the Cybercrime Office of the Department of Law Enforcement of any ... CS/HB 1555 (Giallombardo) and CS/SB 1662 (Collins) make several changes to the State Cybersecurity Act (Act). The bills revise the reporting timelines and requirements for the “Cybersecurity Operations Center,” adding additional Agenda Item #7.D. 14 Feb 2024 Page 49 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 8/54 requirements for the state chief information officer and the chief information security officer. The Cybersecurity Operations Center is required to notify the President of the Senate and the Speaker of the House of Representatives as soon as possible, but no later than 24 hours after an incident. The bills require the Cybercrime Operations Center to notify the Cybercrime Office of the Department of Law Enforcement of any incidents, provide regular reports and provide aid to investigate the incident. The bills require the Cybersecurity Operations Center to provide a consolidated incident report to the Governor, the Attorney General and the Executive Director of the Department of Law Enforcement by the 30th day after the end of each quarter. Local Government Incident Notification: The bills require local governments to immediately notify the Cybercrime Office in the Department of Law Enforcement and the local sheriff who is responsible for receiving notification of a cybercrime incident in a local jurisdiction. Further, the bills require immediate notification to the state chief information security officer. Once a notification has been made to appropriate parties, the status and continued reporting updates are required to the local sheriff until there is no further risk to the public or other critical state systems. (Wagoner) Articles in this section: 3 ETHICS & ELECTIONS Artificial Intelligence Use in Political Advertising (Monitor) HB 919 (Rizo) and CS/SB 850 (DiCeglie) require political advertisements, electioneering communications or other miscellaneous advertisements to include a specified disclaimer if the advertisement or communication was created in whole or in part with the use of generative artificial intelligence and the generated content appears to depict a real person performing an action that did not actually occur. The bills subject a person who fails to include the disclaimer in an advertisement or communication to civil penalties. (O’Hara) ... HB 919 (Rizo) and CS/SB 850 (DiCeglie) require political advertisements, electioneering communications or other miscellaneous advertisements to include a specified disclaimer if the advertisement or communication was created in whole or in part with the use of generative artificial intelligence and the generated content appears to depict a real person performing an action that did not actually occur. The bills subject a person who fails to include the disclaimer in an advertisement or communication to civil penalties. (O’Hara) Ballot Boxes (Monitor) SB 190 (Garcia) and HB 671 (Borrero) require a law enforcement officer to transport ballot boxes or ballot transfer containers from a supervisor of elections to a precinct and require that all ballot boxes and ballot transfer containers be supervised by a law enforcement officer at all times. The bills require all ballot boxes, ballots, ballot stubs, memoranda and papers relating to the tabulation of votes and proclamation of results under Section 102.071, Florida Statutes, to be transported by a law enforcement officer. (O’Hara) ... SB 190 (Garcia) and HB 671 (Borrero) require a law enforcement officer to transport ballot boxes or ballot transfer containers from a supervisor of elections to a precinct and require that all ballot boxes and ballot transfer containers be supervised by a law enforcement officer at all times. The bills require all ballot boxes, ballots, ballot stubs, memoranda and papers relating to the tabulation of votes and proclamation of results under Section 102.071, Florida Statutes, to be transported by a law enforcement officer. (O’Hara) Ethics (Support) SB 7014 (Ethics and Elections Committee) and HB 1597 (Brackett) create timeframes for the completion of investigations of alleged ethics violations conducted by the Florida Commission on Ethics (Commission). The bills create a harmless error standard for the Commission’s failure to meet the deadlines, tolls the timeframes until any related criminal cases are resolved and that specifies the new timeframes will apply to existing and new cases. In addition, the bills provide that terms of Commission members are limited to two terms total, rather than two successive terms. It adds candidates for public office to the categories of ... Agenda Item #7.D. 14 Feb 2024 Page 50 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 9/54 SB 7014 (Ethics and Elections Committee) and HB 1597 (Brackett) create timeframes for the completion of investigations of alleged ethics violations conducted by the Florida Commission on Ethics (Commission). The bills create a harmless error standard for the Commission’s failure to meet the deadlines, tolls the timeframes until any related criminal cases are resolved and that specifies the new timeframes will apply to existing and new cases. In addition, the bills provide that terms of Commission members are limited to two terms total, rather than two successive terms. It adds candidates for public office to the categories of persons authorized to recover costs and attorney fees for defending against a maliciously filed ethics complaint. The bills also require a vote of six Commission members to reject or deviate from a recommendation of Commission counsel to the Commission and removes the Commission’s ability to conduct a formal hearing to determine disputed material facts. The bills authorize an alleged violator to request a hearing before the Division of Administrative Hearings or to select an informal hearing with the Commission. Finally, the bills conform the maximum penalty (changing the penalty from $10,000 to $20,000) for a violation of the constitutional prohibition against lobbying by a public officer to the penalties authorized for violations of other ethics laws. (O’Hara) Election Board Composition (Monitor) SB 782 (Yarborough) amends Section 102.012, Florida Statutes, to require election boards to include at least one member from each of the two largest political parties in the state. (O’Hara) ... SB 782 (Yarborough) amends Section 102.012, Florida Statutes, to require election boards to include at least one member from each of the two largest political parties in the state. (O’Hara) Government Accountability (Monitor) CS/SB 734 (Ingoglia) and CS/HB 735 (Andrade) impose restrictions on the renewal or extension of contracts for the chief executive officer of a municipality and the municipal general counsel; lobbyist registration requirements for lobbying counties, municipalities or special districts; and revise physical quorum requirements for public meetings. The bills prohibit a person from lobbying a county, municipality, or special district unless he or she is registered as a lobbyist with such entity. “Lobby” is defined as seeking, on behalf of another person or group, to influence a decision of the governing entity in an area of policy or ... CS/SB 734 (Ingoglia) and CS/HB 735 (Andrade) impose restrictions on the renewal or extension of contracts for the chief executive officer of a municipality and the municipal general counsel; lobbyist registration requirements for lobbying counties, municipalities or special districts; and revise physical quorum requirements for public meetings. The bills prohibit a person from lobbying a county, municipality, or special district unless he or she is registered as a lobbyist with such entity. “Lobby” is defined as seeking, on behalf of another person or group, to influence a decision of the governing entity in an area of policy or procurement or in an attempt to obtain the goodwill of an official or employee of such entity. “Lobbyist” has the same meaning as in Section 112.3215(1). A municipality, county, or special district may use the state’s executive or legislative branch lobbyist registration forms, or it may develop its own lobbyist registration form that requires disclosure of the name and address of the lobbyist, the name and address of the principal, and the existence of any direct or indirect business association or financial relationship the lobbyist has with any officer or employee of the county, municipality, or special district. The municipality, county or special district must make available to the public copies of lobbyist registrations and, if the entity maintains a website, it must make the information available on its website. The local lobbyist registration must be filed electronically with the Florida Commission on Ethics. The bill authorizes a municipality, county or special district to impose a lobbyist registration fee not to exceed $40 for each principal represented. The bill authorizes the Florida Commission on Ethics or the county or municipality’s local ethics commission to investigate violations of the registration requirements. It specifies that it does not preempt or supersede any ordinance or charter provision establishing a lobbyist registration program before July 2024, but provides that the state law prevails over a conflicting local requirement. An ordinance may include additional or more stringent disclosure requirements. The bills prohibit public officers, public employees, a local government attorney, or candidate for nomination or election from soliciting or accepting anything of value from a foreign country of concern. The bills prohibit the governing body of a municipality from renewing or extending the employment contract of a chief executive officer of the municipality during the eight months immediately preceding a general election for the mayor or for members of the governing body unless the renewal or extension is approved by a unanimous vote. In addition, the bills prohibit the governing body of a municipality from renewing or extending the employment contract of a municipal Agenda Item #7.D. 14 Feb 2024 Page 51 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 10/54 general counsel during the eight months immediately preceding a general election for mayor or for members of the governing body unless the renewal or extension is approved by a unanimous vote. (O’Hara) Other Bills of Interest HB 57 (Salzman) and SB 438 (Ingoglia) – Term Limits for County Commissioners ... HB 57 (Salzman) and SB 438 (Ingoglia) – Term Limits for County Commissioners SB 780 (Yarborough) and HB 963 (Daniels) – Early Voting Sites HB 281 (Arrington) and SB 724 (Davis) – Candidate Qualifying HB 1035 (Bracy Davis) and SB 1522 (Thompson) – Elections SB 326 (Ingoglia) – Term Limits SB 1752 (Ingoglia) and HB 1669 (Roth) – Elections SB 1602 (Gruters) – Elections Articles in this section: 6 FINANCE & TAXATION Ad Valorem Property Tax Exemption for the Surviving Spouse of Quadriplegics (Monitor) HJR 53 (Tant) and SJR 618 (Simon) propose an amendment to the constitution to authorize the Legislature to provide for a property tax exemption for the surviving spouse of a quadriplegic who was receiving a property tax exemption on real estate used and owned as a homestead at the time of their death. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) ... HJR 53 (Tant) and SJR 618 (Simon) propose an amendment to the constitution to authorize the Legislature to provide for a property tax exemption for the surviving spouse of a quadriplegic who was receiving a property tax exemption on real estate used and owned as a homestead at the time of their death. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) Ad Valorem Tax Exemption for Nonprofit Homes for the Aged (Monitor) SB 220 (Wright) and HB 689 (Smith) expand the current ad valorem tax exemption for not-for-profit homes for the aged. The bills will allow a home for the aged owned by a separate entity that is owned by a not-for-profit corporation to also receive the exemption. (Chapman) ... SB 220 (Wright) and HB 689 (Smith) expand the current ad valorem tax exemption for not-for-profit homes for the aged. The bills will allow a home for the aged owned by a separate entity that is owned by a not-for-profit corporation to also receive the exemption. (Chapman) Annual Inflation Adjustment to Homestead Exemption (Oppose) CS/HJR 7017 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. CS/HB HJR 7017 was amended to clarify that the annual inflation adjustment to the $25,000 exemption on assessed value for all levies, other than school district levies, and any future similar exemptions added to the constitution must be adjusted only when the inflation growth is positive. (Chapman) ... CS/HJR 7017 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to require an annual adjustment to the value of certain homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. CS/HB HJR 7017 was amended to clarify that the annual inflation adjustment to the $25,000 exemption on assessed value for all levies, other than school district levies, and any future similar exemptions added to the constitution must be adjusted only when the inflation growth is positive. (Chapman) Agenda Item #7.D. 14 Feb 2024 Page 52 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 11/54 Child Care and Early Learning Providers (Oppose) CS/HB 635 (McFarland) and CS/SB 820 (Grall) amend S 170.201 FS and provide an exemption for public and private preschools from specified special assessments levied by a municipality. (Chapman) ... CS/HB 635 (McFarland) and CS/SB 820 (Grall) amend S 170.201 FS and provide an exemption for public and private preschools from specified special assessments levied by a municipality. (Chapman) Homesteads (Oppose) HJR 1103 (Caruso) and SJR 1374 (Wright) propose an amendment to the constitution to authorize the Legislature to allow newly established homestead property to be assessed at less than just value if the property was previously assessed as non-homestead property and has not changed ownership and authorizing residency requirements for homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) ... HJR 1103 (Caruso) and SJR 1374 (Wright) propose an amendment to the constitution to authorize the Legislature to allow newly established homestead property to be assessed at less than just value if the property was previously assessed as non-homestead property and has not changed ownership and authorizing residency requirements for homestead exemptions. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) Homesteads – 2 (Oppose) HB 1105 (Caruso) and SB 1376 (Wright) are the implementing bills for HJR 1103 (Caruso) and SJR 1374 (Wright) if it is voter-approved and would allow newly established homestead property to be assessed at less than just value if the property was previously assessed as non-homestead property and has not changed ownership and authorizing residency requirements for homestead exemptions. (Chapman) ... HB 1105 (Caruso) and SB 1376 (Wright) are the implementing bills for HJR 1103 (Caruso) and SJR 1374 (Wright) if it is voter-approved and would allow newly established homestead property to be assessed at less than just value if the property was previously assessed as non-homestead property and has not changed ownership and authorizing residency requirements for homestead exemptions. (Chapman) Increased Homestead Property Tax Exemption -1 (Oppose) CS/HB 7019 (Buchanan) is the implementing bill for HJR 7017 if it is voter-approved and would require an annual adjustment to the value of certain homestead exemptions. The bill would require that the Legislature appropriate funds to offset reductions in ad valorem tax revenue experienced by fiscally constrained counties due to the annual positive inflation adjustment. (Chapman) ... CS/HB 7019 (Buchanan) is the implementing bill for HJR 7017 if it is voter-approved and would require an annual adjustment to the value of certain homestead exemptions. The bill would require that the Legislature appropriate funds to offset reductions in ad valorem tax revenue experienced by fiscally constrained counties due to the annual positive inflation adjustment. (Chapman) Increased Homestead Property Tax Exemption (Oppose) HJR 7015 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000, for homestead property with an assessed value greater than $50,000. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) ... Agenda Item #7.D. 14 Feb 2024 Page 53 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 12/54 HJR 7015 (Buchanan) proposes an amendment to the constitution to authorize the Legislature to increase the maximum amount of the exemption on homestead property from a maximum amount of $25,000 to a maximum amount of $50,000, for homestead property with an assessed value greater than $50,000. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) Limitation on Local Fees for Virtual Offices (Oppose) HB 503 (Fabricio) and SB 578 (Ingoglia) would prohibit a local government from imposing, levying or collecting certain fees relating to the utilization of a virtual office. (Chapman) ... HB 503 (Fabricio) and SB 578 (Ingoglia) would prohibit a local government from imposing, levying or collecting certain fees relating to the utilization of a virtual office. (Chapman) Local Business Taxes (Oppose) CS/HB 609 (Botana) and SB 1144 (DiCeglie) would repeal local governments' ability to levy a local business tax (LBT). CS/HB 609 was amended to no longer repeal the LBT. However, the amount of revenue generated from the collection of the LBT is being capped using fiscal year 23-24 as the base year. Local governments may not generate more revenue in any year moving forward above the base year of 23-24. Rates for the fees may be lowered, but not increased. (Chapman) ... CS/HB 609 (Botana) and SB 1144 (DiCeglie) would repeal local governments' ability to levy a local business tax (LBT). CS/HB 609 was amended to no longer repeal the LBT. However, the amount of revenue generated from the collection of the LBT is being capped using fiscal year 23-24 as the base year. Local governments may not generate more revenue in any year moving forward above the base year of 23-24. Rates for the fees may be lowered, but not increased. (Chapman) Millage Rates (Oppose) CS/HB 1195 (Garrison) and SB 1322 (Ingoglia) would require local government to have two-thirds vote of the membership of the governing body to increase the millage rate. CS/HB 1195 was amended to clarify that the two-thirds vote does not apply to existing millage rate increases that require a three-fourths or unanimous vote of the governing body or voter approval in a referendum under current law. (Chapman) ... CS/HB 1195 (Garrison) and SB 1322 (Ingoglia) would require local government to have two-thirds vote of the membership of the governing body to increase the millage rate. CS/HB 1195 was amended to clarify that the two-thirds vote does not apply to existing millage rate increases that require a three-fourths or unanimous vote of the governing body or voter approval in a referendum under current law. (Chapman) Property Tax Exemptions (Oppose) HJR 1369 (Chamberlin) proposes an amendment to the constitution to authorize the Legislature to create two new property tax exemptions. The first would create a $100,000 exemption from assessed value of real property for all levies, the second would create a $250,000 homestead exemption for residential property owned by someone 65 or older. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) ... HJR 1369 (Chamberlin) proposes an amendment to the constitution to authorize the Legislature to create two new property tax exemptions. The first would create a $100,000 exemption from assessed value of real property for all levies, the second would create a $250,000 homestead exemption for residential property owned by someone 65 or older. The constitutional amendment must be approved by at least 60% of electors at the November 2024 general election and will take effect on January 1, 2025. (Chapman) Agenda Item #7.D. 14 Feb 2024 Page 54 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 13/54 Property Tax Exemptions - 2 (Oppose) CS/HB 1371 (Chamberlin) is the implementing bill for HJR 1369 if it is voter-approved and would create two new property tax exemptions. The bill was amended to include a study by the Office of Program Policy Analysis and Government Accountability (OPPAGA) for the potential impact of eliminating all property tax and replacing the lost revenue through the establishment of a consumption tax. The report is to be submitted to the Speaker of the House and the Senate President by July 1, 2025. (Chapman) ... CS/HB 1371 (Chamberlin) is the implementing bill for HJR 1369 if it is voter-approved and would create two new property tax exemptions. The bill was amended to include a study by the Office of Program Policy Analysis and Government Accountability (OPPAGA) for the potential impact of eliminating all property tax and replacing the lost revenue through the establishment of a consumption tax. The report is to be submitted to the Speaker of the House and the Senate President by July 1, 2025. (Chapman) Securities and Securities Transactions (Support) CS/CS/HB 311 (Barnaby) and CS/SB 532 (Brodeur) are comprehensive bills that extensively revise Florida’s securities and transactions regulations. The bills redefine the term “investment adviser” to exclude political subdivisions from the listed entities required to register with the State. (Cruz) ... CS/CS/HB 311 (Barnaby) and CS/SB 532 (Brodeur) are comprehensive bills that extensively revise Florida’s securities and transactions regulations. The bills redefine the term “investment adviser” to exclude political subdivisions from the listed entities required to register with the State. (Cruz) Tax Exemptions for Surviving Spouses of Quadriplegics (Monitor) HB 55 (Tant) and CS/SB 616 (Simon) are the implementing bills for HJR 53/SJR 618 if it is voter-approved and would provide for a property tax exemption for the surviving spouse of a quadriplegic who was receiving a property tax exemption on real estate used and owned as a homestead at the time of their death. (Chapman) ... HB 55 (Tant) and CS/SB 616 (Simon) are the implementing bills for HJR 53/SJR 618 if it is voter-approved and would provide for a property tax exemption for the surviving spouse of a quadriplegic who was receiving a property tax exemption on real estate used and owned as a homestead at the time of their death. (Chapman) Tourist Development Tax (Support) SB 1072 (Avila) and HB 1081 (Porras) revise the method by which counties distribute collected Tourist Development Taxes apportioning 50% of the revenues to be distributed monthly by the county to the governing authorities of the municipalities within the county. Distributions must be in proportion to the amount collected in the prior month within the municipality as a share of the total amount collected from all municipalities in the county. The bill further revises which expenses and projects may be covered by Tourism Development Taxes. (Chapman) ... SB 1072 (Avila) and HB 1081 (Porras) revise the method by which counties distribute collected Tourist Development Taxes apportioning 50% of the revenues to be distributed monthly by the county to the governing authorities of the municipalities within the county. Distributions must be in proportion to the amount collected in the prior month within the municipality as a share of the total amount collected from all municipalities in the county. The bill further revises which expenses and projects may be covered by Tourism Development Taxes. (Chapman) Other Bills of Interest SB 102 (Jones) – Property Insurance ... Agenda Item #7.D. 14 Feb 2024 Page 55 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 14/54 SB 102 (Jones) – Property Insurance HB 611 (Botana) SB 1018 (Ingoglia) – Public Deposits HB 989 (LaMarca) and SB 1098 (DiCeglie) – Department of Financial Services HB 585 (Rommel) and SB 1132 (Martin) – Access to Financial Institution Customer Accounts SB 58 (Stewart) and HB 475 (Killebrew) – Sales Tax Holiday for Micromobility Vehicles and Related Personal Safety Equipment HB 113 (Maney) and SB 216 (Hooper) – Tax Collections and Sales HB 171 (Daniels) – Homestead Exemptions for Totally and Permanently Disabled First Responders SB 172 (Polsky) and HB 1161 (Arrington) – Verification of Eligibility for Homestead Exemption SB 218 (Wright) and HB 239 (Killebrew) – Property Tax Exemption for Surviving Spouses of Veterans SB 230 (Wright) – Sales Tax on Aircraft Sales and Leases SB 264 (Rodriguez) and HB 269 (Overdorf) – Aircraft Taxes HB 331 (Garcia) and HB 333 (Garcia) – Limitation of Property Tax Assessment SB 378 (Garcia) – Property Tax Assessment SB 380 (Hooper) and HB 295 (Anderson) – Disclosure of Estimated Ad Valorem Taxes SB 652 (Garcia) and SB 654 (Garcia) – Homestead Assessments HB 727 (Amesty) and SB 1004 (Torres) – Tax Exemption for Disabled Ex-servicemembers SB 890 (Boyd) – Taxation HB 879 (McFarland) and HB 1453 (Valdes) – Homestead Property Tax Assessment SB 886 (Gruters) and HB 471 (Fine) – Valuation of Timeshare Units HB 913 (McFarland) and SB 1710 (Yarborough) – Homestead Tax Exemptions SB 976 (Perry) and SB 978 (Perry) – Reduction of Assessed Value SB 1060 (Calatayud) and SB 1062 (Calatayud) – Assessment of Real Property and Residential Real Property SB 872 (Stewart) – Tourist Development Tax HB 1001 (Stevenson) and SB 1030 (Rodriguez) – Taxation HB 1251 (Alvarez) and SB 1560 (Collins) – Tangible Personal Property Tax Exemption HB 1373 (Alvarez), HB 1375 (Alvarez), SB 1684 (Collins) and SB 1686 (Collins) – Property Tax Discount for Disabled Veterans HB 1409 (Maggard) and SB 1672 (Grall) – Taxation of State Chartered Banks SB 1468 (Hutson) and HB 1585 (Steele) – Sales and Use Tax HB 1481 (Beltran) and SB 1678 (Gruters) – Taxes, Licenses, and Fees HB 1511 (McClain) and HB 1513 (McClain) – Tax Exemption for Portions of Homestead Property Used as Living Quarters for Parents and Grandparents SB 1570 (Torres) and HB 1601 (Grantt) – Working Floridians Tax Rebate Program HB 1594 (Stewart) – Tourist Impact Tax HB 1599 (Truenow) and SB 1748 (Brodeur) – Tourist Development Tax HB 1649 (Plakon) – Ad Valorem Taxation SB 1770 (Gruters) – Tax-filing Extensions Articles in this section: 17 GENERAL GOVERNMENT Agritourism (Monitor) HB 339 (Roth) and SB 696 (Rodriguez) amend the statutory preemption on local government regulation of agritourism activities by prohibiting a local government from requiring a “certificate of use” for any agricultural land, facility or agritourism venue unless authorized by general law. In addition, the bills prohibit a local government from limiting 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. (O’Hara) ... HB 339 (Roth) and SB 696 (Rodriguez) amend the statutory preemption on local government regulation of agritourism activities by prohibiting a local government from requiring a “certificate of use” for any agricultural land, facility or agritourism venue unless authorized by general law. In addition, the bills prohibit a local government from limiting 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. (O’Hara) Development Permits and Development Orders (Monitor) HB 791 (Overdorf) and SB 1150 (Perry) revise timeframes in Sections 125.022 and 166.033, Florida Statutes, for counties and municipalities to process applications for approvals of development permits or development orders and require these governmental entities to issue certain refunds for failure to meet the timeframes. The bills require counties and municipalities to specify in writing the information that must be submitted in an application for zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. The bills require counties and municipalities to confirm receipt of an application for development permit or order within five days. The ... HB 791 (Overdorf) and SB 1150 (Perry) revise timeframes in Sections 125.022 and 166.033, Florida Statutes, for counties and municipalities to process applications for approvals of development permits or development orders and Agenda Item #7.D. 14 Feb 2024 Page 56 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 15/54 require these governmental entities to issue certain refunds for failure to meet the timeframes. The bills require counties and municipalities to specify in writing the information that must be submitted in an application for zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. The bills require counties and municipalities to confirm receipt of an application for development permit or order within five days. The bills require the statutory timeframes to restart if an application makes a substantive change to an application, which is defined as a change of 15 percent or more in the proposed density, intensity or square footage of a parcel. The bills require counties and municipalities to issue refunds ranging from 10 to 100 percent of the application fee for failure to meet the statutory timeframes for determining whether an application is complete or require additional information and for taking final action on an application. (O’Hara) Local Government Actions (Oppose) SB 1628 (Collins) and HB 1547 (McClure) revise exemptions from the application of SB 170, relating to local ordinances and business impact estimates, passed in the 2023 Legislative Session. The bills eliminate exemptions for ordinances adopted pursuant to Section 163, Part II, except for development orders, permits and agreements. Consequently, ordinances adopting land development regulations, comprehensive plan amendments and zoning changes are no longer exempt from the ordinance suspension and business impact requirements in current law. In addition, the bills create new requirements on local government actions that affect a business involved in “identified sectors.” Identified sectors are ... SB 1628 (Collins) and HB 1547 (McClure) revise exemptions from the application of SB 170, relating to local ordinances and business impact estimates, passed in the 2023 Legislative Session. The bills eliminate exemptions for ordinances adopted pursuant to Section 163, Part II, except for development orders, permits and agreements. Consequently, ordinances adopting land development regulations, comprehensive plan amendments and zoning changes are no longer exempt from the ordinance suspension and business impact requirements in current law. In addition, the bills create new requirements on local government actions that affect a business involved in “identified sectors.” Identified sectors are specified as supply chain security (e.g., ports, rail and roads) and the production, distribution, or storage of food or energy. A “local government action” is defined as the adoption or amendment of an ordinance or charter provision, or the denial of any authorization. The bills require local governments to minimize or eliminate potential negative impacts that a local government action will have on an identified sector. The bills authorize a business engaged in an identified sector to request a review by the Department of Agriculture, the Public Service Commission and the Department of Transportation of any local government action that is “likely to negatively impact” an identified sector. The appropriate agency must issue an “impact review” of the local government action within 45 days of the request to the business and to the local government. The bills require a local government to suspend enforcement of the local government action until the appropriate agency issues the impact review and until the local government holds a public hearing to consider the impact review. The bills specify factors that an agency must consider in developing an impact review and provide that an impact review does not constitute agency action under the Administrative Procedure Act. Specified local government actions are exempt from agency impact review. These exemptions are the same as the exemptions from the local ordinance in SB 170 passed in the 2023 Session, except as amended to further restrict the land use exemptions. The bills authorize agencies to adopt rules of procedure for impact review of local government actions, including through emergency rulemaking. The bills require the Office of Program Policy Analysis and Government Accountability to issue a report to the Governor and Legislature by December 2025 on the implementation and effectiveness of the impact review of local government actions. Finally, the bills specify that the new requirements apply to ordinances and charter provisions adopted after October 1, 2024. (O’Hara) Solicitation of Contributions Act (Monitor) HB 759 (Andrade) prohibits panhandling within 50 feet of the following: an entrance to or exit from a commercially zoned property; a bus stop or facility; an automatic teller machine or bank entrance; a parking lot, parking garage, parking meter or parking pay station; or a public restroom. It prohibits panhandling within 100 feet of a child care facility or Pre-K through 12 school; on a right-of-way or road defined in section 334.03; at a public transit stop or in a public transit vehicle; while the person being solicited is waiting to be admitted to a commercial establishment; ... Agenda Item #7.D. 14 Feb 2024 Page 57 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 16/54 HB 759 (Andrade) prohibits panhandling within 50 feet of the following: an entrance to or exit from a commercially zoned property; a bus stop or facility; an automatic teller machine or bank entrance; a parking lot, parking garage, parking meter or parking pay station; or a public restroom. It prohibits panhandling within 100 feet of a child care facility or Pre-K through 12 school; on a right-of-way or road defined in section 334.03; at a public transit stop or in a public transit vehicle; while the person being solicited is waiting to be admitted to a commercial establishment; by touching the person being solicited; with the use of profane or abusive language; while under the influence of alcohol or illegal controlled substance; and between the hours of 4 p.m. and 9 a.m. The bill prohibits a person from approaching an operator or other occupant of a motor vehicle for the purpose of panhandling. The bill specifies penalties for violations. Finally, the bill requires individuals engaged in solicitation on specified roads, rights-of-way or facilities to clearly identify the name of the charitable organization or named individual on whose behalf contributions are being solicited and to clearly identify the charitable purpose for which contributions are being solicited. (O’Hara) Unauthorized Public Camping or Sleeping (Monitor) SB 1530 (Martin) and HB 1365 (Garrison) prohibit counties and municipalities from permitting public sleeping or camping on public property, at public buildings or on public rights-of-way within their respective jurisdictions without a lawfully issued temporary permit. The bills authorize municipalities and counties to designate certain public property for public sleeping or public camping subject to the following conditions, the sufficiency of which must be determined by the Florida Department of Children and Families: minimum sanitation levels, including access to restrooms and running water; security present and onsite at all times; access to behavioral health services; prohibition on ... SB 1530 (Martin) and HB 1365 (Garrison) prohibit counties and municipalities from permitting public sleeping or camping on public property, at public buildings or on public rights-of-way within their respective jurisdictions without a lawfully issued temporary permit. The bills authorize municipalities and counties to designate certain public property for public sleeping or public camping subject to the following conditions, the sufficiency of which must be determined by the Florida Department of Children and Families: minimum sanitation levels, including access to restrooms and running water; security present and onsite at all times; access to behavioral health services; prohibition on drugs and alcohol; and the designated area may not be in a location that adversely and materially affects existing residential or commercial properties. The bills authorize a person or business to bring a civil action against any county or municipality to enjoin a violation of the prohibitions and conditions and to recover their attorney fees and costs. The bills provide an exception for a state of emergency declared by the Governor. (O’Hara) Other Bills of Interest SB 426 (Garcia, I.) – Community Associations ... SB 426 (Garcia, I.) – Community Associations HB 229 (Payne) and SB 364 (Collins) – Public Service Commission Rules HB 1279 (Gregory) and SB 1326 (DiCeglie) – Review of Agency Rules SB 366 (Yarborough) and HB 81 (Brackett) – Gas Safety SB 404 (Rouson) – Urban Agriculture Pilot Projects Articles in this section: 6 HOUSING Affordable Housing (Monitor) CS/CS/SB 328 (Calatayud) and HB 1239 (Lopez, V.) amend various provisions of the Live Local Act (act), passed during the 2023 Regular Session. The bills do the following: ... CS/CS/SB 328 (Calatayud) and HB 1239 (Lopez, V.) amend various provisions of the Live Local Act (act), passed during the 2023 Regular Session. The bills do the following: •Reinstate the requirement for local governments to approve qualifying developments in industrial areas (CS/CS/SB 328 only). •Reinstate the height preemption for qualifying developments to be based on the highest currently allowed building height within one mile (instead of one- quarter mile). •Adjust the height allowances for parcels adjacent to single-family residential uses within a single-family neighborhood. oCS/CS/SB 328 provides that if a proposed development is “adjacent to, on two more sides, a parcel Agenda Item #7.D. 14 Feb 2024 Page 58 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 17/54 zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the local government may restrict the height of the proposed development to 150% of the tallest building on property within one-quarter mile of the proposed development or three stories, whichever is higher.” •Prohibit qualifying developments within one-quarter mile of a military installation from utilizing the act’s administrative approval process and exempt certain airport-impacted areas from the act’s provisions. •Clarify that a local government’s “currently allowed” density, height, and floor area ratio does not include any bonuses, variances, or other special exceptions provided in their regulations. •Modify parking reduction requirements for qualifying developments located near certain transportation facilities in CS/CS/SB 328 only. •CS/CS/SB 328 and HB 1239 propose funding the Hometown Hero Program at $100 million. (Branch) Affordable Housing Inclusionary Housing Ordinances (Monitor) HB 1603 (Gantt) and SB 1742 (Jones) amend the current statute regarding inclusionary housing ordinances. The bills remove the option for developers to contribute to a housing fund or explore other alternatives instead of constructing affordable housing units. (Branch) ... HB 1603 (Gantt) and SB 1742 (Jones) amend the current statute regarding inclusionary housing ordinances. The bills remove the option for developers to contribute to a housing fund or explore other alternatives instead of constructing affordable housing units. (Branch) Affordable Housing Parking Requirements (Oppose) SB 386 (Osgood) requires local governments to reduce parking requirements necessary for development approval for “Live Local” developments where at least 75% of the residential units are affordable for at least 30 years and the development is located within one-half mile of a major transportation hub. (Branch) ... SB 386 (Osgood) requires local governments to reduce parking requirements necessary for development approval for “Live Local” developments where at least 75% of the residential units are affordable for at least 30 years and the development is located within one-half mile of a major transportation hub. (Branch) Property Tax Exemptions for Affordable Property (Monitor) HB 1299 (Cross) and CS/SB 1440 (Calatayud) grant counties and municipalities the authority to exclude specific accessory dwelling units from ad valorem taxation meeting certain affordable housing requirements. (Branch) ... HB 1299 (Cross) and CS/SB 1440 (Calatayud) grant counties and municipalities the authority to exclude specific accessory dwelling units from ad valorem taxation meeting certain affordable housing requirements. (Branch) Other Bills of Interest HB 31 (Edmonds) and SB 64 (Osgood) – Landlords and Tenants ... HB 31 (Edmonds) and SB 64 (Osgood) – Landlords and Tenants HB 557 (Stevenson) – Moveable Tiny Homes HB 1467 (Driskell) and SB 1504 (Davis) – Affordable Housing SB 7028 (Banking and Insurance) and HB 1263 (LaMarca) – My Safe Florida Home Program Articles in this section: 5 LAND USE & COMPREHENSIVE PLANNING Alternate Mobility Funding Systems (Support) CS/HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for Agenda Item #7.D. 14 Feb 2024 Page 59 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 18/54 transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the ... CS/HB 479 (Robinson, W.) and SB 688 (Martin) revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees. The bills provide definitions for “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bills prohibit local governments from charging for transportation impacts if they are not the local government that is issuing a building permit, require that local governments collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact. Concerning impact fees, the bills provide that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. (Cruz) Housing for Agricultural Workers (Monitor) CS/HB 1051 (Tuck) and SB 1082 (Collins) prohibit a governmental entity from adopting or enforcing legislation inhibiting the construction or installation of housing for agricultural workers on agricultural land. The bills establish criteria for the construction and installation of these housing units, including adherence to federal, state and local building standards, minimum distance requirements between units, limitations on the square footage of climate-controlled facilities and specified setbacks from property boundaries. The bills prohibit local governments from adopting land use regulations that are more restrictive than certain state and federal regulations, while requiring property owners to maintain records of ... CS/HB 1051 (Tuck) and SB 1082 (Collins) prohibit a governmental entity from adopting or enforcing legislation inhibiting the construction or installation of housing for agricultural workers on agricultural land. The bills establish criteria for the construction and installation of these housing units, including adherence to federal, state and local building standards, minimum distance requirements between units, limitations on the square footage of climate- controlled facilities and specified setbacks from property boundaries. The bills prohibit local governments from adopting land use regulations that are more restrictive than certain state and federal regulations, while requiring property owners to maintain records of all approved permits for at least three years. The bills also outline conditions under which housing sites may cease to be used or be required to be removed, including non-use for over a year or loss of agricultural land classification. The bills are set to take effect on July 1, 2024. (Cruz) Land Development (Monitor) CS/HB 1177 (Duggan) and SB 1110 (DiCeglie) amend various provisions related to land development regulations in Florida. The bills amend the Community Planning Act to require modifications to transportation concurrency system requirements for local governments, change to the adoption of impact fees by special districts, and adjustment provisions governing credits against local impact fees. The bills also address revisions in procedures regarding local government review of changes to previously approved developments of regional impact (DRIs), specifying certain types of changes that won't necessitate local government review. The bills allow for modifications to multimodal pathways in previously approved DRIs ... CS/HB 1177 (Duggan) and SB 1110 (DiCeglie) amend various provisions related to land development regulations in Florida. The bills amend the Community Planning Act to require modifications to transportation concurrency system requirements for local governments, change to the adoption of impact fees by special districts, and adjustment provisions governing credits against local impact fees. The bills also address revisions in procedures regarding local government review of changes to previously approved developments of regional impact (DRIs), specifying certain types of changes that won't necessitate local government review. The bills allow for modifications to multimodal pathways in previously approved DRIs under specific conditions and outline that certain changes to comprehensive plan policies and land development regulations won't apply to developments with vested rights. Additionally, the legislation revises the criteria that constitute acts of reliance by a developer to vest rights. (Cruz) Land Use and Development Regulations (Oppose) Agenda Item #7.D. 14 Feb 2024 Page 60 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 19/54 SB 1184 (Ingoglia) and CS/HB 1221 (McClain) are comprehensive bills relating to land use and development regulations. The bills amend various regulations relating to comprehensive plans. The bill would restrict optional elements of a comprehensive plan from containing a policy restricting density and intensity. The bills amend definitions of intensity, density, urban service area and urban sprawl to promote the construction of additional single-family, two-family and fee simple townhomes. The bills require local governments to adopt minimum lot sizes with single-family, two-family and fee simple townhouse zoning districts to accommodate the maximum density authorized in the comprehensive plan. ... SB 1184 (Ingoglia) and CS/HB 1221 (McClain) are comprehensive bills relating to land use and development regulations. The bills amend various regulations relating to comprehensive plans. The bill would restrict optional elements of a comprehensive plan from containing a policy restricting density and intensity. The bills amend definitions of intensity, density, urban service area and urban sprawl to promote the construction of additional single-family, two- family and fee simple townhomes. The bills require local governments to adopt minimum lot sizes with single-family, two-family and fee simple townhouse zoning districts to accommodate the maximum density authorized in the comprehensive plan. The bills require local governments to adopt infill redevelopment regulations to administratively approve the development of infill single-family, two-family and fee simple townhouses. HB 1221 also contains a provision that would require the automatic rezoning of agricultural land for single family housing in certain circumstances. This provision is not found in SB 1184. CS/HB 1221 was significantly amended with a delete-all amendment in the House Local Administration, Federal Affairs and Special Districts subcommittee. Relevant to municipal operation, the amendment inserted a provision that preempts local regulation relating to the building of new self-storage facilities and removed provisions related to the rezoning of agricultural enclaves. (Cruz) Local Government Impact Fees and Exactions (Oppose) HB 1635 (Steele) and SB 1796 (Burgess) require local governments to provide compensation for a nonmonetary exaction equal to the fair market value of the exaction imposed. The bills require a local government that adopts and collects impact fees by ordinance to ensure the impact fee is collected only if the relevant property receives the service for which the fee was assessed. The bills also require local governments to establish impact fee zones or districts to assist local governments in ensuring the fee is expended to provide additional capital facilities within the appropriate zone or district. HB 1635 ... HB 1635 (Steele) and SB 1796 (Burgess) require local governments to provide compensation for a nonmonetary exaction equal to the fair market value of the exaction imposed. The bills require a local government that adopts and collects impact fees by ordinance to ensure the impact fee is collected only if the relevant property receives the service for which the fee was assessed. The bills also require local governments to establish impact fee zones or districts to assist local governments in ensuring the fee is expended to provide additional capital facilities within the appropriate zone or district. HB 1635 places the maximum amount an impact fee may charge depending on the type of development in state law. The bill also prohibits the imposition of both an impact fee and a mobility fee for master planned unit developments and planned home developments. (Cruz) Local Regulation of Nonconforming or Unsafe Structures (Oppose) CS/HB 1647 (Roach) and CS/SB 1526 (Avila) restricts local governments from prohibiting, restricting, or preventing the demolition of nonconforming or unsafe structures. The bills authorize the demolition of a structure and automatic replacement without requiring the new structure to have historical features or characteristics. The bills also prohibit local governments from imposing additional restrictions on the demolition or redevelopment that depart from existing requirements for a similarly situated parcel. The bills specify the provisions do not apply to a structure individually listed in the National Register of Historic Places or a contributing structure listed prior to 2000, a ... CS/HB 1647 (Roach) and CS/SB 1526 (Avila) restricts local governments from prohibiting, restricting, or preventing the demolition of nonconforming or unsafe structures. The bills authorize the demolition of a structure and automatic replacement without requiring the new structure to have historical features or characteristics. The bills also prohibit local governments from imposing additional restrictions on the demolition or redevelopment that depart from existing requirements for a similarly situated parcel. The bills specify the provisions do not apply to a structure individually Agenda Item #7.D. 14 Feb 2024 Page 61 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 20/54 listed in the National Register of Historic Places or a contributing structure listed prior to 2000, a single-family home, or a structure located on a barrier island in a municipality with a population less than 10,000, which has at least six city blocks that are not located within flood zones V, VE, AO or AE, as identified in Flood Insurance Rate Map issued by FEMA. (Cruz) Urban Agriculture Pilot Projects (Monitor) HB 397 (Cross) and SB 404 (Rouson) expand the urban agricultural pilot project to allow for commercial agricultural use of residential property in certain circumstances. (Cruz) ... HB 397 (Cross) and SB 404 (Rouson) expand the urban agricultural pilot project to allow for commercial agricultural use of residential property in certain circumstances. (Cruz) Unlawful Demolition of Historical Structures and Landmarks (Support) HB 1621 (Beltran) authorizes municipalities to impose an enhanced fine for the unauthorized demolition of a structure listed on the National Register of Historic Places or designated as a local historic landmark if the code enforcement board or special magistrate makes specific findings. Fines imposed may not exceed an amount that is 20% of the property appraiser’s evaluation of the fair market value. (Cruz) ... HB 1621 (Beltran) authorizes municipalities to impose an enhanced fine for the unauthorized demolition of a structure listed on the National Register of Historic Places or designated as a local historic landmark if the code enforcement board or special magistrate makes specific findings. Fines imposed may not exceed an amount that is 20% of the property appraiser ’s evaluation of the fair market value. (Cruz) Other Bills of Interest HB 119 (Melo) and SB 188 (Brodeur) – Trespass on Commercial Agricultural Property ... HB 119 (Melo) and SB 188 (Brodeur) – Trespass on Commercial Agricultural Property HB 997 (Gottlieb) – Expedited Foreclosure Proceedings for Abandoned Real Property SB 1370 (Torres) – Abandoned Residential Real Property HB 1229 (Porras) and SB 1068 (Rodriguez) – Marketable Record Title to Real Property Articles in this section: 9 OTHER Airports (Monitor) SB 854 (Martin) and HB 1643 (Rommel) require airport authorities, special districts created by the Legislature, to only allow aircraft to land if they meet Federal Aviation Administration noise standards and weight limits set by the International Civil Aviation Organization. Authorized aircraft within the weight range of 75,000 to 125,000 pounds may face restrictions on landing frequency, increased landing fees, or higher charges for hangar and storage facilities. The airport authority can request documentation confirming an aircraft's compliance before its first landing and annually thereafter. (Branch) ... SB 854 (Martin) and HB 1643 (Rommel) require airport authorities, special districts created by the Legislature, to only allow aircraft to land if they meet Federal Aviation Administration noise standards and weight limits set by the International Civil Aviation Organization. Authorized aircraft within the weight range of 75,000 to 125,000 pounds may face restrictions on landing frequency, increased landing fees, or higher charges for hangar and storage facilities. The airport authority can request documentation confirming an aircraft's compliance before its first landing and annually thereafter. (Branch) Automated External Defibrillators at Parks and Youth Recreation or Sports Facilities (Monitor) Agenda Item #7.D. 14 Feb 2024 Page 62 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 21/54 SB 1774 (Powell) and HB 1477 (Williams) require that parks, youth recreation or sports facilities owned or operated by a local government have a functioning automated external defibrillator (AED) on premises at all times. The bills also specify that employees and volunteers at these facilities have proper training. (Wagoner) ... SB 1774 (Powell) and HB 1477 (Williams) require that parks, youth recreation or sports facilities owned or operated by a local government have a functioning automated external defibrillator (AED) on premises at all times. The bills also specify that employees and volunteers at these facilities have proper training. (Wagoner) Aviation (Oppose) CS/HB 981 (Bankson) makes significant changes to the regulation of private airports, specifically addressing vertiports and powered-lift aircraft. The bill does the following: ... CS/HB 981 (Bankson) makes significant changes to the regulation of private airports, specifically addressing vertiports and powered-lift aircraft. The bill does the following: Vertiport Approval: •Requires private airport owners or lessees intending to operate vertiports for powered-lift aircraft to obtain a powered-lift aircraft endorsement from the Department of Transportation (DOT). Department of Transportation Department •Mandates the DOT to designate a subject matter expert for advanced air mobility, focusing on powered-lift aircraft and electrification of aviation. •Requires the DOT to provide annual reports to the Governor and Legislature on advanced air mobility industry status, technological advances, federal regulations and recommendations for land use compatibility around vertiports. •Mandates the DOT to serve as a resource for local governments and stakeholders in powered-lift aircraft and vertiport development. Advanced Air Mobility Test Site: •Designates the Greater Orlando Aviation Authority as the advanced air mobility test site for the state. (Branch) Code Enforcement Officers (Support) SB 506 (Wright) adds code enforcement officers to the list of covered professionals under Section 784.07, Florida Statutes, which provides penalties for assault, battery, aggravated assault, and aggravated battery when the offense is knowingly committed against a law enforcement officer or other specified professionals who are engaged in the lawful performance of his or her duties. (Wagoner) ... SB 506 (Wright) adds code enforcement officers to the list of covered professionals under Section 784.07, Florida Statutes, which provides penalties for assault, battery, aggravated assault, and aggravated battery when the offense is knowingly committed against a law enforcement officer or other specified professionals who are engaged in the lawful performance of his or her duties. (Wagoner) Declarations of a Public Health Emergency (Monitor) HB 459 (Rudman) and SB 402 (Yarborough) revise the criteria of the State Health Officer extending a statewide public health emergency to require approval by a two-thirds majority vote of the Legislature. HB 459 prohibits the State Health Officer from issuing a blanket closure on government buildings and services, churches and altering election procedures and protocols. However, any action that will affect an entire group must be authorized on a case-by-case basis, with each case being afforded all rights of due process. (Branch) ... HB 459 (Rudman) and SB 402 (Yarborough) revise the criteria of the State Health Officer extending a statewide public health emergency to require approval by a two-thirds majority vote of the Legislature. HB 459 prohibits the State Health Officer from issuing a blanket closure on government buildings and services, churches and altering election procedures and protocols. However, any action that will affect an entire group must be authorized on a case-by-case basis, with each case being afforded all rights of due process. (Branch) Department of Commerce (Monitor) HB 1419 (Tuck) and CS/SB 1420 (Burgess) are comprehensive bills that amend requirements for comprehensive plan amendments and revise the roles of the Florida Department of Commerce (formerly Department of Agenda Item #7.D. 14 Feb 2024 Page 63 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 22/54 Economic Opportunity). The bills mandate that local governments hold a second public hearing to decide whether to adopt comprehensive plan amendments within 180 days after receiving agency comments. Failure to hold this hearing and adopt the amendments within this timeframe will result in the amendments being deemed withdrawn, unless an extension is agreed upon with the state land planning agency and any affected person who provided comments. The ... HB 1419 (Tuck) and CS/SB 1420 (Burgess) are comprehensive bills that amend requirements for comprehensive plan amendments and revise the roles of the Florida Department of Commerce (formerly Department of Economic Opportunity). The bills mandate that local governments hold a second public hearing to decide whether to adopt comprehensive plan amendments within 180 days after receiving agency comments. Failure to hold this hearing and adopt the amendments within this timeframe will result in the amendments being deemed withdrawn, unless an extension is agreed upon with the state land planning agency and any affected person who provided comments. The bills require local governments to transmit all adopted amendments, along with supporting data and analysis, to the state land planning agency and any other agency or local government that provided timely comments within 10 working days after the final adoption hearing. If the local government does not meet this 10-working-day deadline, the amendments will be deemed withdrawn. CS/SB 1420 was amended to extend the repayment period of the Local Government Emergency Revolving Bridge Loan Program, and any existing loans executed before February 1, 2024, from five to 10 years. (Cruz) Food Delivery Platforms (Monitor) HB 1099 (Melo) and CS/SB 676 (Bradley) are comprehensive food delivery platform bills. Of concern to cities, the bills expressly preempt the regulation of the food delivery platforms to the state. A food delivery platform is defined in the bills as a third-party company that picks up food from restaurants to deliver to consumers. (Branch) ... HB 1099 (Melo) and CS/SB 676 (Bradley) are comprehensive food delivery platform bills. Of concern to cities, the bills expressly preempt the regulation of the food delivery platforms to the state. A food delivery platform is defined in the bills as a third-party company that picks up food from restaurants to deliver to consumers. (Branch) Identification Documents (Monitor) SB 1174 (Ingoglia) and HB 1451 (Michael) prohibit a local government from accepting as identification any identification card or document that is issued by any person, entity or organization that knowingly issues the identification cards or documents to individuals who are not lawfully present in the United States. This prohibition does not extend to any documentation that is issued by or on behalf of the Federal Government. (Wagoner) ... SB 1174 (Ingoglia) and HB 1451 (Michael) prohibit a local government from accepting as identification any identification card or document that is issued by any person, entity or organization that knowingly issues the identification cards or documents to individuals who are not lawfully present in the United States. This prohibition does not extend to any documentation that is issued by or on behalf of the Federal Government. (Wagoner) Immunization Requirements (Monitor) SB 1094 (Martin) specifies that beginning July 1, 2024, the Department of Health must get approval from the Legislature before adding any new vaccines for school attendance. The bill also prohibits the department, state agencies, local governments and political subdivisions from participating in or employing any digital health identification registry or similar mechanism for tracking the health data of residents without prior approval from the Legislature. The bill also introduces a way for people to claim an exemption from vaccination if an FDA- approved vaccine is not available, allowing individuals to make this claim for themselves or their dependents ... SB 1094 (Martin) specifies that beginning July 1, 2024, the Department of Health must get approval from the Legislature before adding any new vaccines for school attendance. The bill also prohibits the department, state agencies, local governments and political subdivisions from participating in or employing any digital health identification registry or similar mechanism for tracking the health data of residents without prior approval from the Legislature. The bill also Agenda Item #7.D. 14 Feb 2024 Page 64 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 23/54 introduces a way for people to claim an exemption from vaccination if an FDA-approved vaccine is not available, allowing individuals to make this claim for themselves or their dependents without facing additional conditions from employers or other entities. The bill prohibits certain mandatory vaccination policies during public health emergencies without legislative approval. (Branch) License or Permit to Operate a Vehicle for Hire (Oppose) SB 648 (DiCeglie) and HB 377 (Borrero) allow a person who holds a valid vehicle-for-hire license or permit from any city or county the ability to operate a vehicle for hire in another city or county without being subject to additional licensing or permitting requirements. This preemption would not apply to transportation services to and from an airport. (Branch) ... SB 648 (DiCeglie) and HB 377 (Borrero) allow a person who holds a valid vehicle-for-hire license or permit from any city or county the ability to operate a vehicle for hire in another city or county without being subject to additional licensing or permitting requirements. This preemption would not apply to transportation services to and from an airport. (Branch) Low-voltage Alarm System Projects (Oppose) SB 496 (Perry) and CS/HB 535 (Snyder) expand the criteria for the installation of low-voltage electric fences in areas not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category. Of concern to local government, the bills prohibit the regulation of low-voltage alarms in any manner that is more restrictive than state law. (Branch) ... SB 496 (Perry) and CS/HB 535 (Snyder) expand the criteria for the installation of low-voltage electric fences in areas not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category. Of concern to local government, the bills prohibit the regulation of low-voltage alarms in any manner that is more restrictive than state law. (Branch) Private Property for Motor Vehicle Parking (Support) CS/HB 271 (Lopez, V.) and CS/SB 388 (Garcia) narrow the current preemption on the regulation of private parking lot operations to include a preemption only on the rates charged for parking and for violating the parking lot rules. The bills would restrict parking lot owners from charging a late fee until after 30 days from the date the invoice was postmarked. The bill also prohibits parking lot owners from charging for parking if the vehicle is on the property for less than 10 minutes. CS/SB 388 was amended to require owners or operators of private property used for ... CS/HB 271 (Lopez, V.) and CS/SB 388 (Garcia) narrow the current preemption on the regulation of private parking lot operations to include a preemption only on the rates charged for parking and for violating the parking lot rules. The bills would restrict parking lot owners from charging a late fee until after 30 days from the date the invoice was postmarked. The bill also prohibits parking lot owners from charging for parking if the vehicle is on the property for less than 10 minutes. CS/SB 388 was amended to require owners or operators of private property used for parking to place signage where it is clearly visible to people entering the parking lot. The bill provides that the signage may be regulated by the local government where the property is located. (Branch) Property Rights (Monitor) SB 888 (Perry) provides residential property owners an alternative remedy to remove unauthorized persons, such as a squatter, from a residential dwelling. The residential property owners may request the sheriff immediately remove unlawful occupants under specific circumstances. (Cruz) ... SB 888 (Perry) provides residential property owners an alternative remedy to remove unauthorized persons, such as a squatter, from a residential dwelling. The residential property owners may request the sheriff immediately remove Agenda Item #7.D. 14 Feb 2024 Page 65 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 24/54 unlawful occupants under specific circumstances. (Cruz) Protection of Historical Monuments and Memorials (Monitor) CS/HB 395 (Black) and SB 1122 (Martin) prohibit a local government from removing historical monuments and memorials. A local government may only relocate a historical monument in certain circumstances. The bills provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized, or the entity was the owner. CS/HB 395 was amended to limit the effects of the bill to monuments and memorials located on public property that have been displayed ... CS/HB 395 (Black) and SB 1122 (Martin) prohibit a local government from removing historical monuments and memorials. A local government may only relocate a historical monument in certain circumstances. The bills provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized, or the entity was the owner. CS/HB 395 was amended to limit the effects of the bill to monuments and memorials located on public property that have been displayed for at least 25 years and applied the provisions on a prospective basis. (Wagoner) Protections for Public Employees Who Use Medical Marijuana as Qualified Patients (Monitor) SB 166 (Polsky) creates the Medical Marijuana Public Employee Protection Act. The bill would prohibit a public employer from taking adverse personnel actions against an employee or job applicant who is a qualified patient for their use of medical marijuana unless that use is impairing the employee's ability to perform their job duties or responsibilities. (Chapman) ... SB 166 (Polsky) creates the Medical Marijuana Public Employee Protection Act. The bill would prohibit a public employer from taking adverse personnel actions against an employee or job applicant who is a qualified patient for their use of medical marijuana unless that use is impairing the employee's ability to perform their job duties or responsibilities. (Chapman) Removal of Roadside Memorials (Monitor) HB 421 (Gossett-Seidman) and SB 572 (Rodriguez) require local governments and other entities to make best efforts to provide advance notice to the entity or person who installed a traffic-related roadside memorial commemorating a deceased person before altering, dismantling, destroying or removing it. (Wagoner) ... HB 421 (Gossett-Seidman) and SB 572 (Rodriguez) require local governments and other entities to make best efforts to provide advance notice to the entity or person who installed a traffic-related roadside memorial commemorating a deceased person before altering, dismantling, destroying or removing it. (Wagoner) Reparations (Monitor) SJR 582 (Ingoglia) proposes a constitutional amendment to the State Constitution to prohibit the state, a county, a municipality or any other political subdivision from paying reparations to an individual who is a descendant of an enslaved individual who lived in the United States before December 6, 1865. (Cruz) ... SJR 582 (Ingoglia) proposes a constitutional amendment to the State Constitution to prohibit the state, a county, a municipality or any other political subdivision from paying reparations to an individual who is a descendant of an enslaved individual who lived in the United States before December 6, 1865. (Cruz) Special Districts (Monitor) CS/CS/HB 7013 (Persons-Mulicka) and CS/SB 1058 (Hutson) are comprehensive bills dealing with special districts. Of interest to cities, the bills do the following: ... Agenda Item #7.D. 14 Feb 2024 Page 66 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 25/54 CS/CS/HB 7013 (Persons-Mulicka) and CS/SB 1058 (Hutson) are comprehensive bills dealing with special districts. Of interest to cities, the bills do the following: •Establish a term limit of 12 years for members of an elected body governing an independent special district, unless the district’s charter provides for more restrictive terms of office. Any term of office that commenced before November 5, 2024, does not count toward the limitation created by the bill. This provision does not apply to the governing body of a community development district or any independent special district created by a special act. •Add additional criteria for declaring a special district inactive, including Community Redevelopment Agencies (CRA’s). •Authorize districts that have been declared inactive to expend funds as necessary to service outstanding debt. •Reduce the maximum ad valorem millage rate that may be levied by a mosquito control district from 10 mills to 1 mill. •Require all special districts to adopt goals and objectives, as well as performance measures and standards to determine if those goals and objectives are being achieved. •Repeal a provision that allows a special district to convert into a municipality without legislative approval. •Require each petition to create a community development district to contain a sworn affidavit concerning planned development. •Provides that the boundaries of most types of independent special districts may only be changed by an act of the Legislature. •Require independent special fire control districts to report certain information to the Division of State Fire Marshal. •Prohibit the creation of new neighborhood improvement districts (NIDs) after July 1, 2024. (Branch) Towing and Storage - 1 (Monitor) SB 774 (Perry) and SB 202 (Rodriguez) make changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bills share the following provisions: ... SB 774 (Perry) and SB 202 (Rodriguez) make changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bills share the following provisions: •Reduce the timeframe in which a towing-storage operator must send the notice of lien from seven to four business days, and reduce storage charges that may be charged if a lienor fails to provide this notice. •Provide that a towing-storage operator may only charge certain fees. •Require towing-storage operators to accept specified forms of payment. •Increase the timeframe an unclaimed vehicle or vessel three years of age or newer may be sold by a lienor from 50 days to 65 days from the storage date, and require the notice of lien must not be sent less than 60 days before the sale. •Increase the timeframe for the public notice requirement related to sale on an unclaimed vehicle by a towing- storage operator from ten days to twenty days before the sale. •Require a towing-storage operator to make a towed vehicle available for inspection during normal business hours within 30 minutes after arrival at a storage facility. •Require a towing-storage operator to accept electronic titles as well as paper titles as evidence of a person’s interest in a vehicle or vessel. •Require a towing-storage operator to retain records of all vehicles and vessels recovered, towed or stored; all notice publications and certified mailings; and fees for at least three years. •Provide that foreclosing a storage lien on a vehicle or vessel must be through the process as opposed to the warehouse lien and landlord and tenant statutes. •Create notice and bond requirements for foreclosure of storage liens on vehicles or vessels held by self- storage facilities. SB 774 prohibits the Florida Highway Patrol from excluding a wrecker operator from its wrecker operator system based solely on a prior felony conviction, unless such conviction is for a specified felony offense. Only SB 202 preempts counties and cities from imposing any regulations upon a towing-storage operator more stringent than those within this legislation. (Wagoner) Towing and Storage - 2 (Monitor) CS/HB 179 (Bell) makes changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bill does the following: ... CS/HB 179 (Bell) makes changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bill does the following: •Reduces the timeframe in which a towing-storage operator must send the notice of lien from seven to five business days, and reduce storage charges that may be charged if a lienor fails to provide this notice. •Provides that a towing-storage operator may only charge certain fees. •Requires towing-storage operators to accept specified forms of payment. •Increases the timeframe an unclaimed vehicle or vessel three years of age or newer may be sold by a lienor from 50 days to 60 days from the storage date, and require the notice of lien must not be sent less than 60 days before the sale. •Increases the timeframe for the public notice requirement related to sale on an unclaimed vehicle by a towing-storage operator from Agenda Item #7.D. 14 Feb 2024 Page 67 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 26/54 ten days to twenty days before the sale. •Requires a towing-storage operator to make a towed vehicle available for inspection during normal business hours within 30 minutes after arrival at a storage facility. •Requires a towing-storage operator to accept electronic titles as well as paper titles as evidence of a person’s interest in a vehicle or vessel. •Requires a towing-storage operator to retain records of all vehicles and vessels recovered, towed or stored; all notice publications and certified mailings; and fees for at least three years. •Provides that foreclosing a storage lien on a vehicle or vessel must be through the process as opposed to the warehouse lien and landlord and tenant statutes. •Creates notice and bond requirements for foreclosure of storage liens on vehicles or vessels held by self-storage facilities. •Provides that counties must, and cities may, establish maximum rates for which can be charged for cleanup and disposal, and ensure that those rates are published on its website. In areas where no maximum rates have been established, the maximum rates established by the Division of Florida Highway will apply. (Wagoner) Workplace Heat Exposure Requirements (Oppose) CS/HB 433 (Esposito) and CS/SB 1492 (Trumbull) preempt the regulation of heat exposure requirements to the state. The bills prohibit local governments from providing preference for contractors on the basis of employment benefits offered by the contractor. The bills preempt to the state and remove any requirements a local government can place on a contractor in reference to the minimum wage. Lastly, the bills preempt the regulation of workplace terms and conditions to the state, not allowing a city to exceed or be in conflict with any state or federal workplace terms and conditions. CS/HB 433 preempts all ... CS/HB 433 (Esposito) and CS/SB 1492 (Trumbull) preempt the regulation of heat exposure requirements to the state. The bills prohibit local governments from providing preference for contractors on the basis of employment benefits offered by the contractor. The bills preempt to the state and remove any requirements a local government can place on a contractor in reference to the minimum wage. Lastly, the bills preempt the regulation of workplace terms and conditions to the state, not allowing a city to exceed or be in conflict with any state or federal workplace terms and conditions. CS/HB 433 preempts all regulation on the terms of employment to the state. CS/SB 1492 was amended to remove the provisions relating to wage and employment benefits by political subdivisions. (Wagoner) Wrecker Operators (Monitor) HB 661 (Caruso) and CS/SB 332 (Burgess) require counties to establish maximum rates that may be charged for the storage of electric vehicles. Wrecker operators are also permitted to charge fair and reasonable costs, plus 10% for cleanup and disposal of hazardous materials or debris. If the vehicle is stored at a wrecker facility for more than 30 days, the entity that requested the storage is financially liable to the wrecker facility. Whenever a local government entity authorizes the removal of a vehicle, the local government entity is required to notify the Department of Highway Safety and Motor ... HB 661 (Caruso) and CS/SB 332 (Burgess) require counties to establish maximum rates that may be charged for the storage of electric vehicles. Wrecker operators are also permitted to charge fair and reasonable costs, plus 10% for cleanup and disposal of hazardous materials or debris. If the vehicle is stored at a wrecker facility for more than 30 days, the entity that requested the storage is financially liable to the wrecker facility. Whenever a local government entity authorizes the removal of a vehicle, the local government entity is required to notify the Department of Highway Safety and Motor Vehicles. CS/SB 332 requires municipalities to establish maximum rates that may be charged by wrecker operators for the storage of electric vehicles. Additionally, the bill requires the “governmental entity” to contact the Department of Highway Safety and Motor Vehicles within 24 hours, providing a full description of the vehicle or vessel. (Wagoner) Other Bills of Interest HB 15 (Rudman) – Contracts for Live Entertainment ... HB 15 (Rudman) – Contracts for Live Entertainment HJR 335 (Roth) – Requiring Broader Public Support for Constitutional Amendments or Revisions HB 217 (Mooney) and SB 222 (Rodriguez) – College Campus Facilities in Areas of Critical State Concern HB 939 (Griffitts) and SB 1066 (Burton) – Consumer Protection HB 1625 (Beltran) – Procedures of the Legislature HB 1527 (Joseph) – Immigration and State-issued Identification SB 1598 (Torres) – Agenda Item #7.D. 14 Feb 2024 Page 68 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 27/54 Immigration and Immigrants SB 40 (Stewart) – Review of Employment Contracts HB 175 (Benjamin) and SB 984 (Rouson) – Judgement Liens SB 1166 (DiCeglie) and HB 1183 (Barnaby) – Main Street Historical Tourism and Revitalization Act HB 1143 (Dunkley) and SB 1508 (Wright) – 911 Public Safety Telecommunicators HB 1471 (Black) and SB 1746 (Ingoglia) – Public Employees HB 109 (Andrade) and SB 246 (Harrell) – Conversion Charter Schools HB 275 (Canady) and SB 340 (Yarborough) – Intentional Damage to Critical Infrastructure SB 674 (Boyd) and HB 779 (Griffitts) – United States-produced Iron and Steel in Public Works Projects SB 706 (Rodriguez) and HB 719 (Lopez) – Residential Swimming Pool Requirements HB 1021 (Lopez, V.) and SB 1178 (Bradley) – Community Associations HB 1421 (Fine) and SB 1700 (DiCeglie) – Independent Hospital Districts HB 1623 (Beltran) – Emergencies HB 35 (Rudman) and SB 106 (Jones) – Acceptance of Cash Payments by Businesses HB 141 (Abbott) and SB 196 (Simon) – Regional Rural Development Grants Program HB 173 (Daniels) – Not-for-profit Corporations that Operate Residential Homeowners' Associations HB 177 (Andrade) and SB 204 (Brodeur) – Competition for the Sale of Event Tickets HB 189 (Salzman) – Gambling SB 482 (Berman) – Amblyopia Awareness Month HB 495 (Woodson) – Prohibition of Smoking and Vaping in State Parks HB 633 (Berfield) – Mental Health and Substance Use Disorder Awareness and Assistance Training Program SB 682 (DiCeglie) and HB 487 (Chaney) – Lost or Abandoned Property SB 870 (Boyd) and HB 781 (Clemons) – Unsolicited Proposals for Public-private Partnerships HB 873 (Payne) and SB 1156 (Collins) – Dangerous Dogs HB 901 (Borrero) and SB 1120 (Martin) – Display of Flags by Governmental Entities HB 1033 (Killebrew) and SB 1478 (Yarborough) – Animals HB 1053 (Amesty) – Location of Medical Marijuana Centers, Retail Vape Shops, and On-premises Consumption of Alcohol SB 1180 (Harrell) and HB 1065 (Caruso) – Substance Abuse Treatment SB 1206 (Martin) – Live Performances HB 1459 (McFarland) and SB 1680 (Bradley) – Artificial Intelligence Transparency HB 1583 (Steele) and SB 1636 (Gruters) – Substance Use Disorder Treatment Services HB 1659 (Botana) – Location of Equipment Owned by Amusement Business Owner HB 7003 (Ethics, Elections & Open Government Subcommittee, Holcomb) – OGSR/Preregistered Voters HB 7005 (Ethics, Elections & Open Government Subcommittee, Holcomb) – GSR/Financial Disclosure HB 7007 (Ethics, Elections & Open Government Subcommittee, Holcomb) – OGSR/Campus Emergency Response SB 7030 (Governmental Oversight and Accountability) and HB 7043 (Ethics, Elections & Open Government Subcommittee) – OGSR/Agency Personnel Information Articles in this section: 23 PERSONNEL Cost-of-living Adjustment of Retirement Benefits (Monitor) CS/HB 151 (Busatta Cabrera) and SB 242 (Hooper) create an unfunded mandate for government entities that provide retirement benefits through the Florida Retirement System (FRS). Beginning on July 1, 2024, the cost- of-living benefit of each retiree and annuitant shall be adjusted without a requirement for the Legislature enacting sufficient funding. CS/HB 151 was amended to conduct a study on the feasibility and cost of providing a cost-of-living adjustment for employees initially enrolled in the FRS after July 1, 2011. The amendment also includes adjustments to the employee contribution levels to the FRS in order to meet actuarial projections. ... CS/HB 151 (Busatta Cabrera) and SB 242 (Hooper) create an unfunded mandate for government entities that provide retirement benefits through the Florida Retirement System (FRS). Beginning on July 1, 2024, the cost-of-living benefit of each retiree and annuitant shall be adjusted without a requirement for the Legislature enacting sufficient funding. CS/HB 151 was amended to conduct a study on the feasibility and cost of providing a cost-of-living adjustment for employees initially enrolled in the FRS after July 1, 2011. The amendment also includes adjustments to the employee contribution levels to the FRS in order to meet actuarial projections. (Chapman) First Responder Treatment by a Medical Specialist (Monitor) CS/HB 637 (Yeager) and CS/SB 808 (DiCeglie) authorize a firefighter, a law enforcement officer, a correctional officer or a correctional probation officer requiring medical treatment for tuberculosis, heart disease or hypertension resulting in a total or partial disability to be treated by a medical specialist of their choosing. The treatment by a medical specialist must be reasonable, necessary, and related to tuberculosis, heart disease or hypertension and reimbursed at no more than 200% of the Medicare rate. The bills were amended to require written notice to the firefighter's or officer's workers’ compensation carrier, self-insured employer, or third-party administrator, ... Agenda Item #7.D. 14 Feb 2024 Page 69 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 28/54 CS/HB 637 (Yeager) and CS/SB 808 (DiCeglie) authorize a firefighter, a law enforcement officer, a correctional officer or a correctional probation officer requiring medical treatment for tuberculosis, heart disease or hypertension resulting in a total or partial disability to be treated by a medical specialist of their choosing. The treatment by a medical specialist must be reasonable, necessary, and related to tuberculosis, heart disease or hypertension and reimbursed at no more than 200% of the Medicare rate. The bills were amended to require written notice to the firefighter's or officer's workers’ compensation carrier, self-insured employer, or third-party administrator, and the carrier, self-insured employer, or third- party administrator must authorize the selected specialist or authorize an alternative specialist meeting the same or greater qualifications. The carrier, self-insured employer, or third-party administrator must, within five business days of the receipt of the notice, authorize treatment and schedule an appointment to be held within 30 days of the receipt of the notice with the selected specialist or the alternative specialist. If the carrier, self-insured employer, or third-party administrator fails to provide an alternative specialist within the five business days of receipt of the notice, the specialist selected by the employee shall be automatically authorized. (Cruz) First Responders and Crime Scene Investigators (Monitor) HB 993 (Holcomb) and CS/SB 1490 (Burgess) expand the conditions in which first responders and certain personnel may receive posttraumatic stress benefits. The bills redefine the term “first responder” to include any full-time, part-time or volunteer law enforcement officer, firefighter, correctional officer, 911 public safety telecommunicator or federal law enforcement officer. The bills create a statutory framework for crime scene investigators to receive a posttraumatic stress disorder (PTSD) evaluation and receive a diagnosis as a compensable occupational disease under specific circumstances. The bills also specify correctional officer PTSD evaluations may be conducted in person or through telehealth. The ... HB 993 (Holcomb) and CS/SB 1490 (Burgess) expand the conditions in which first responders and certain personnel may receive posttraumatic stress benefits. The bills redefine the term “first responder” to include any full-time, part-time or volunteer law enforcement officer, firefighter, correctional officer, 911 public safety telecommunicator or federal law enforcement officer. The bills create a statutory framework for crime scene investigators to receive a posttraumatic stress disorder (PTSD) evaluation and receive a diagnosis as a compensable occupational disease under specific circumstances. The bills also specify correctional officer PTSD evaluations may be conducted in person or through telehealth. The bills require an employing agency of a crime scene investigator to provide educational training related to mental health. (Cruz) Law Enforcement Officers and Correctional Officers (Monitor) SB 710 (Ingoglia) and HB 443 (Alvarez) make several changes to the "The Police Officers' Bill of Rights." The Police Officers Bill of Rights is designed to ensure certain protections for law enforcement and correctional officers are provided to officers throughout the process of investigating complaints against an officer if the investigation can lead to disciplinary action, demotion or dismissal of the officer. The bills delete provisions from current law relating to complaint review boards. The bills authorize an officer to file a civil suit if he or she is subject to disciplinary action in violation of the ... SB 710 (Ingoglia) and HB 443 (Alvarez) make several changes to the "The Police Officers' Bill of Rights." The Police Officers Bill of Rights is designed to ensure certain protections for law enforcement and correctional officers are provided to officers throughout the process of investigating complaints against an officer if the investigation can lead to disciplinary action, demotion or dismissal of the officer. The bills delete provisions from current law relating to complaint review boards. The bills authorize an officer to file a civil suit if he or she is subject to disciplinary action in violation of the Officer Bill of Rights. The bills grant officers certain increased protections for alleged violations of the process required in the Officer Bill of Rights. Lastly, the bills authorize an officer to address and remedy any violation in a court of competent jurisdiction and provide for the reversal of any disciplinary action requiring the employing agency to pay for an officer’s monetary damages, attorney fees and costs for any intentional violation of the Officer Bill of Rights. (Cruz) Leave of Absence to Officials and Employees (Monitor) Agenda Item #7.D. 14 Feb 2024 Page 70 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 29/54 HB 765 (Daley) and SB 818 (Avila) provide that certain public officials and employees are entitled to their full pay for a leave of absence in which they are performing federal military service that is 90 days or more. (Cruz) ... HB 765 (Daley) and SB 818 (Avila) provide that certain public officials and employees are entitled to their full pay for a leave of absence in which they are performing federal military service that is 90 days or more. (Cruz) Mental Health Crisis Intervention Training for Law Enforcement Officers (Monitor) HB 195 (Chambliss) requires the Criminal Justice Standards and Training Commission to consult with a national organization with expertise in mental health crisis intervention to establish minimum standards for basic skills and continued education training for law enforcement officers by July 1, 2025. (Cruz) ... HB 195 (Chambliss) requires the Criminal Justice Standards and Training Commission to consult with a national organization with expertise in mental health crisis intervention to establish minimum standards for basic skills and continued education training for law enforcement officers by July 1, 2025. (Cruz) Prohibited Use of Human Trafficked Labor in Government Contracts (Monitor) SB 628 (Simon) requires certain contractors who contract with governmental entities to provide an affidavit attesting the contractor does not use coercion for labor or services. (Cruz) ... SB 628 (Simon) requires certain contractors who contract with governmental entities to provide an affidavit attesting the contractor does not use coercion for labor or services. (Cruz) Reemployment of Retired Law Enforcement Officers (Monitor) CS/SB 400 (Burgess) and HB 853 (McClure) specify that retired law enforcement officers can be reemployed in a position that qualifies for the Special Risk Class by an employer that participates in the Florida Retirement System. The bills reduce the timeframe from 12 months to 6 months during which a former employee is prohibited from receiving both a reemployment salary and retirement benefits. CS/SB 400 was amended to apply to all FRS retirees, not just law enforcement and includes employer contribution rate adjustments to meet actuarial projections. (Chapman) ... CS/SB 400 (Burgess) and HB 853 (McClure) specify that retired law enforcement officers can be reemployed in a position that qualifies for the Special Risk Class by an employer that participates in the Florida Retirement System. The bills reduce the timeframe from 12 months to 6 months during which a former employee is prohibited from receiving both a reemployment salary and retirement benefits. CS/SB 400 was amended to apply to all FRS retirees, not just law enforcement and includes employer contribution rate adjustments to meet actuarial projections. (Chapman) Other Bills of Interest HB 161 (Daley) and SB 362 (Bradley) – Medical Treatment Under the Workers’ Compensation Law ... HB 161 (Daley) and SB 362 (Bradley) – Medical Treatment Under the Workers’ Compensation Law HB 1415 (Chamberlin) and SB 1712 (Bradley) – Peer Support for First Responders HB 839 (Benjamin) – Employment Leave for Crime Victims and Witnesses HB 945 (Gottlieb) and SB 762 (Rouson) – Heat Illness Prevention HB 505 (Truenow) and SB 958 (Martin) – Local Government Employees HB 599 (Chamberlin) and SB 1382 (Martin) – Gender Identity Employment Practices HB 1089 (Shoaf) and SB 560 (Bradley) – Special Risk Class Articles in this section: 9 PUBLIC RECORDS & PUBLIC MEETINGS Citizen Volunteer Advisory Committees (Monitor) Agenda Item #7.D. 14 Feb 2024 Page 71 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 30/54 CS/CS/SB 224 (Wright) and HB 413 (Altman) authorize citizen volunteer advisory committees that are comprised of representatives from four or more counties to conduct virtual public meetings and workshops using communications media technology. HB 413 specifies that there must also be a 100-mile distance between the two most distant counties. The public notice must specify whether the meeting or workshop will be held in person or virtually and how members of the public can participate. (Wagoner) ... CS/CS/SB 224 (Wright) and HB 413 (Altman) authorize citizen volunteer advisory committees that are comprised of representatives from four or more counties to conduct virtual public meetings and workshops using communications media technology. HB 413 specifies that there must also be a 100-mile distance between the two most distant counties. The public notice must specify whether the meeting or workshop will be held in person or virtually and how members of the public can participate. (Wagoner) Governing Body Meetings (Support) HB 157 (Caruso) and SB 894 (Bradley) allow local governments to meet and conduct official business via teleconferencing or other technological means, no more than two times per calendar year, as long as the meetings meet all of the requirements for public notice, public access and public participation. The bills do specify that meetings that include formal action on ordinances or are quasi-judicial hearings may not be conducted via teleconferencing or other technological means. (Wagoner) ... HB 157 (Caruso) and SB 894 (Bradley) allow local governments to meet and conduct official business via teleconferencing or other technological means, no more than two times per calendar year, as long as the meetings meet all of the requirements for public notice, public access and public participation. The bills do specify that meetings that include formal action on ordinances or are quasi-judicial hearings may not be conducted via teleconferencing or other technological means. (Wagoner) Public Records/County Administrator and City Managers (Support) SB 811 (Gottlieb) and HB 862 (Jones) create a public records exemption for the personal identifying and location information of current county administrators and assistant/deputy county and city managers, as well as information regarding the names and locations of schools and day care facilities attended by the children of current administrators, deputy and assistant county managers, city managers, deputy city managers and assistant city managers. (Wagoner) ... SB 811 (Gottlieb) and HB 862 (Jones) create a public records exemption for the personal identifying and location information of current county administrators and assistant/deputy county and city managers, as well as information regarding the names and locations of schools and day care facilities attended by the children of current administrators, deputy and assistant county managers, city managers, deputy city managers and assistant city managers. (Wagoner) Public Records/Current and Former County and City Attorneys (Support) CS/HB 103 (Arrington) and CS/SB 712 (Powell) create a public records exemption for the personal identifying and location information of current county and city attorneys and assistant/deputy county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Wagoner) ... CS/HB 103 (Arrington) and CS/SB 712 (Powell) create a public records exemption for the personal identifying and location information of current county and city attorneys and assistant/deputy county and city attorneys, as well as information regarding the spouses and children of those attorneys. (Wagoner) Public Records Requests (Monitor) SB 1494 (Pizzo) provides that a public agency that has custody of a public record may not charge a fee once an agency has received a request to produce records. The bill provides that any person who violates this chapter (Chapter 119, Florida Statutes) may be punished by a $5,000 fine and if the custodian knowingly deters a public Agenda Item #7.D. 14 Feb 2024 Page 72 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 31/54 records request, they commit a first degree misdemeanor. Lastly, the bill requires courts to set priority for public records cases over other pending hearings. (Wagoner) ... SB 1494 (Pizzo) provides that a public agency that has custody of a public record may not charge a fee once an agency has received a request to produce records. The bill provides that any person who violates this chapter (Chapter 119, Florida Statutes) may be punished by a $5,000 fine and if the custodian knowingly deters a public records request, they commit a first degree misdemeanor. Lastly, the bill requires courts to set priority for public records cases over other pending hearings. (Wagoner) Public Records/Service Provider Contracts (Monitor) SB 290 (Wright) requires that certain public agency contracts include a requirement that service providers comply with public records laws. The bill defines a services provider as an individual, a partnership, a corporation or a business entity that enters into a contract for services with a public agency and is not acting on behalf of the public agency. Linked to SB 290, SB 292 (Wright) creates a public records exemption for contractors' and service providers' records related to audit or claims resolution, which are provided to a public agency pursuant to contract requirements. (Wagoner) ... SB 290 (Wright) requires that certain public agency contracts include a requirement that service providers comply with public records laws. The bill defines a services provider as an individual, a partnership, a corporation or a business entity that enters into a contract for services with a public agency and is not acting on behalf of the public agency. Linked to SB 290, SB 292 (Wright) creates a public records exemption for contractors' and service providers' records related to audit or claims resolution, which are provided to a public agency pursuant to contract requirements. (Wagoner) Other Bills of Interest HB 191 (Brackett) – Town of Orchid, Indian River County ... HB 191 (Brackett) – Town of Orchid, Indian River County SB 528 (Pizzo), SB 526 (Pizzo) and HB 299 (Woodson) – Public Records/Property Appraiser HB 289 (Woodson) and HB 243 (Woodson)– Public Records/Property Appraiser HB 1237 (Dunkley) and SB 1272 (Yarborough) – Public Records/Medical Examiners HB 1461 (McFarland). Rec./Investigations by the Department of Legal Affairs SB 1682 (Bradley) – Pub Public Records/Artificial Intelligence Transparency Violations Articles in this section: 7 PUBLIC SAFETY Cold Case Murders (Monitor) CS/SB 350 (Osgood) and HB 837 (Benjamin) address cold case murders by establishing a process for reviewing and reinvestigating such cases. The bills mandate that law enforcement agencies review cold cases upon receiving a written application from a designated person and outlines the criteria for conducting a full reinvestigation, including the identification of new probative leads or a likely perpetrator. The bills require law enforcement agencies to develop a written application for cold case reviews and mandate training for employees on the procedures and requirements outlined in the bill. ... CS/SB 350 (Osgood) and HB 837 (Benjamin) address cold case murders by establishing a process for reviewing and reinvestigating such cases. The bills mandate that law enforcement agencies review cold cases upon receiving a written application from a designated person and outlines the criteria for conducting a full reinvestigation, including the identification of new probative leads or a likely perpetrator. The bills require law enforcement agencies to develop a written application for cold case reviews and mandate training for employees on the procedures and requirements outlined in the bill. The bills also require law enforcement agencies to report quarterly all relevant data to the Global Forensic and Justice Center at Florida International University. The bills direct the Center to establish a case tracking Agenda Item #7.D. 14 Feb 2024 Page 73 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 32/54 system and searchable public website. The bills also allow medical examiners to issue death certificates with nonspecific causes of death and manner of murder under certain conditions. (Wagoner) Complaints Against Law Enforcement and Correctional Officers (Oppose) HB 601 (Duggan) and SB 576 (Ingoglia) make it unlawful for municipalities or citizen oversight boards to pass or enforce any ordinance relating to the receipt, processing or investigation of complaints of misconduct by law enforcement officers and correctional officers. The bills also prohibit the creation of any laws in relation to civilian oversight of a law enforcement agency in relation to the investigation of complaints. (Wagoner) ... HB 601 (Duggan) and SB 576 (Ingoglia) make it unlawful for municipalities or citizen oversight boards to pass or enforce any ordinance relating to the receipt, processing or investigation of complaints of misconduct by law enforcement officers and correctional officers. The bills also prohibit the creation of any laws in relation to civilian oversight of a law enforcement agency in relation to the investigation of complaints. (Wagoner) Employment and Curfew of Minors (Monitor) CS/CS/HB 49 (Chaney) and SB 1596 (Burgess) make changes to the employment restrictions for minors. Under CS/HB 49, minors 16 and 17 years of age will now be permitted to work the same number of hours as a person 18 years of age or older. Under SB 1596, these ages are set at 15. The bills would also prohibit local governments from adopting or enforcing curfews on minors that are more stringent than those listed within the bill. (Wagoner) ... CS/CS/HB 49 (Chaney) and SB 1596 (Burgess) make changes to the employment restrictions for minors. Under CS/HB 49, minors 16 and 17 years of age will now be permitted to work the same number of hours as a person 18 years of age or older. Under SB 1596, these ages are set at 15. The bills would also prohibit local governments from adopting or enforcing curfews on minors that are more stringent than those listed within the bill. (Wagoner) Enhanced Firearms Training Facilities (Monitor) CS/HB 831 (Yarkosky) and SB 1586 (Collins) state that a facility that is licensed as an enhanced firearms training facility is exempt from unincorporated local government planning and zoning or public works restrictions if the facility is zoned for agricultural use or its equivalent. The bills provide licensing renewal requirements and allow the Department of Agriculture and Consumer Services to adopt rules to implement the bills. (Wagoner) ... CS/HB 831 (Yarkosky) and SB 1586 (Collins) state that a facility that is licensed as an enhanced firearms training facility is exempt from unincorporated local government planning and zoning or public works restrictions if the facility is zoned for agricultural use or its equivalent. The bills provide licensing renewal requirements and allow the Department of Agriculture and Consumer Services to adopt rules to implement the bills. (Wagoner) Exposures of First Responders to Fentanyl and Fentanyl Analogs (Support) CS/CS/HB 231 (Baker) and CS/SB 718 (Collins) provide criminal penalties for persons who unlawfully and intentionally possess and expose first responders who are acting in their official capacity to Fentanyl and Fentanyl Analogs. (Wagoner) ... CS/CS/HB 231 (Baker) and CS/SB 718 (Collins) provide criminal penalties for persons who unlawfully and intentionally possess and expose first responders who are acting in their official capacity to Fentanyl and Fentanyl Analogs. (Wagoner) Impeding, Provoking or Harassing First Responders (Support) Agenda Item #7.D. 14 Feb 2024 Page 74 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 33/54 CS/HB 75 (Rizo) and SB 184 (Avila) would make it unlawful for any person, after receiving a warning from a first responder not to approach, to violate such warning and approach or remain within 20 feet of a first responder who is engaged in the lawful performance of any legal or emergent duty, with the intent to: 1. Interrupt, disrupt, hinder, impede or interfere with the first responder ’s ability to perform such duty; 2. Provoke a physical response from the first responder; or 3. Directly or indirectly harass the first responder or make so much noise that a ... CS/HB 75 (Rizo) and SB 184 (Avila) would make it unlawful for any person, after receiving a warning from a first responder not to approach, to violate such warning and approach or remain within 20 feet of a first responder who is engaged in the lawful performance of any legal or emergent duty, with the intent to: 1. Interrupt, disrupt, hinder, impede or interfere with the first responder ’s ability to perform such duty; 2. Provoke a physical response from the first responder; or 3. Directly or indirectly harass the first responder or make so much noise that a first responder is prevented from performing their official duties or providing medical aid. SB 184 specifies that peaceful recording or observation is not harassment. (Wagoner) Possession or Use of a Firearm in a Sensitive Location (Support) SB 130 (Berman) and HB 209 (Rayner) would prohibit the possession or use of a firearm in “sensitive locations.” The bills define a sensitive location as numerous public facilities including but not limited to buildings or facilities owned, leased or operated by government entities, including public transportation. (Wagoner) ... SB 130 (Berman) and HB 209 (Rayner) would prohibit the possession or use of a firearm in “sensitive locations.” The bills define a sensitive location as numerous public facilities including but not limited to buildings or facilities owned, leased or operated by government entities, including public transportation. (Wagoner) Storage of Firearms in Private Conveyances and Vessels (Monitor) HB 419 (Hinson) prohibits the storage of firearms in unoccupied private conveyances and vessels unless the firearm is kept from ordinary view and locked within a trunk, utility or glove box, or another locked container, or secured with a device or mechanism that is securely affixed to the private conveyance or vessel. The bill requires local law enforcement agencies to engage in a promotional campaign to educate the public and gun owners about the requirements above. (Wagoner) ... HB 419 (Hinson) prohibits the storage of firearms in unoccupied private conveyances and vessels unless the firearm is kept from ordinary view and locked within a trunk, utility or glove box, or another locked container, or secured with a device or mechanism that is securely affixed to the private conveyance or vessel. The bill requires local law enforcement agencies to engage in a promotional campaign to educate the public and gun owners about the requirements above. (Wagoner) Other Bills of Interest HB 27 (Benjamin) and SB 834 (Simon) – Citizen’s Arrest ... HB 27 (Benjamin) and SB 834 (Simon) – Citizen’s Arrest SB 96 (Jones) and HB 787 (Rayner) – Use of Threatened Use of Force SB 98 (Jones) and HB 383 (Edmonds) – Community Violence Task Force SB 100 (Jones) and HB 237 (Hart)– Pregnant Woman in Custody HB 145 (Daley) and SB 180 (Polsky) – Sales of Ammunition HB 155 (Daley) and SB 182 (Polsky) – Pub Rec./Sales of Ammunition SB 176 (Polsky), HB 291 (Hunschofsky), SB 518 (Polsky) – Sale, Transfer, and Storage of Firearms HB 123 (Chambliss) and SB 274 (Rodriguez) – Child Water Safety Requirements SB 254 (Book) – Picketing or Protesting in or Near Health Care Facilities HB 259 (Waldron) and SB 270 (Berman) – Discharging a Firearm in Residential Areas HB 463 (Bartleman) and SB 1158 (Bradley) – Lights Displayed on Police Equipment and Fire Department Vehicles HB 485 (Brackett) and SB 1286 (Collins) – Return of Weapons and Arms Following an Arrest HB 573 (Antone) and HB 575 (Antone) – Task Force on Public Safety in Urban and Inner-City Communities HB 597 (Chamerblin) and SB 722 (Collins) – Fleeing or Attempting to Elude Law Enforcement Officer HB 673 (Bartleman) and SB 610 (Book) – Domestic Violence Investigation HB 729 (Baker) and SB 638 (Grall) – Agenda Item #7.D. 14 Feb 2024 Page 75 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 34/54 Lethality Assessments HB 833 (Yarkosky) and SB 1708 (Yarborough)– Public Safety Programs SB 1092 (Martin) and HB 1657 (Baker) – Criminal Offenses Against Law Enforcement Officers and Other Personnel SB 1164 (Burton) and HB 1113 (Killebrew) – Use of Lights and Sirens on Emergency Vehicles HB 1131 (Temple) and SB 1190 (Ingoglia) – Online Sting Operations Grant Program SB 1250 (Berman) and HB 1087 (Casello) – Safe Storage of Firearms and Ammunition Within Motor Vehicles and Vessels SB 1704 (Yarborough) and HB 1447 (Duggan) – Sheriffs in Consolidated Governments Articles in this section: 9 SHORT-TERM RENTALS Vacation Rentals (Oppose) CS/SB 280 (DiCeglie) and CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different: ... CS/SB 280 (DiCeglie) and CS/HB 1537 (Griffitts) are comprehensive bills dealing with short-term rentals. Here is a brief description of how the bills are different: CS/HB 1537: •Pay a fee of no more than $150 per unit for processing an individual registration application and a $50 per unit yearly renewal. A local government may impose a $300 fine for failure to register. •State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. •Requires the responsible party to respond to a complaint or emergency by 9 a.m. the next calendar day. •After five violations occur over a period of time, suspensions are set at 15 days, 30 days and 60 days, respectively. CS/SB 280: •Pay a “reasonable fee” per unit for processing an individual registration application and renewal. A local government may impose a $500 fine for failure to register. •State the maximum occupancy of the short-term rental is no more than two people per room plus two, or at a minimum of 50 sq ft. per person. •Display their individual registration number in a conspicuous location in the vacation rental. •After five violations occur over a period of time, suspensions are set at 30 days, 60 days and 90 days, respectively. Below are how the bills remain identical: Impact on Local Governments The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals as well as regulating the duration of stays and the frequency in which the properties are rented. Local Registration Programs The bills create a statewide process for the local registration of vacation rentals. Under the program, a local government has 15 days after receiving an application for registration to accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration program may only require the owner or operator of a vacation rental to: •Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Codes. •Renew their registration no more than once per year per unit, unless the property has a change in ownership. •Submit identifying information about the owner or the property manager and the short-term rental being registered. •Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR). •Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government. •Maintain all registration information on a continuing basis so it is current. •Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone 24 hours a day, seven days a week. •Pay in full all municipal or county code liens against the property being registered. June 1, 2011, Grandfather Provision The bills maintain the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bills clarify that cities may amend grandfathered ordinances to be less restrictive without voiding those ordinances. Impact on Advertising Platforms and DBPR Advertising platforms will now be required to: •Collect and remit all required taxes. •Require each person listing a property as a vacation rental to include in the advertisement the state license number and, if applicable, the local registration number. They will also be required to attest that the license and registration numbers are valid. •By January 1, 2026, the advertising platform will be required to check and verify the license number of all listings with DBPR prior to posting the advertisement. Additionally, license numbers must be checked at the end of each calendar quarter with the department. •Remove from public view an advertisement from their website within 15 business days after notification by DBPR in writing that a vacation rental fails to display a valid license number. •Adopt an anti- discrimination policy. Revocation/Denial of License A local government may revoke or refuse to renew a vacation rental registration: •An owner ’s vacation rental registration has been suspended three times. •There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien. •The premises and its owner are the subject of a final order or judgment directing the termination of the premises’ use as a vacation rental. (Wagoner) Agenda Item #7.D. 14 Feb 2024 Page 76 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 35/54 Vacation Rentals with Swimming Pools (Monitor) HB 1207 (Harris) requires vacation rentals with swimming pools to post various safety notices regarding, but not limited to, the prevention of drowning, having responsible adults supervise young children and requiring that alcohol or drugs cannot be consumed before and during swimming. (Wagoner) ... HB 1207 (Harris) requires vacation rentals with swimming pools to post various safety notices regarding, but not limited to, the prevention of drowning, having responsible adults supervise young children and requiring that alcohol or drugs cannot be consumed before and during swimming. (Wagoner) Articles in this section: 2 TORT LIABILITY Property Rights Attorney Fees and Costs (Monitor) HB 1167 (Yarkosky) and SB 702 (Martin) create a provision for the recovery of attorney fees and costs in a civil action regarding disputes over property rights. The bills define the term “property rights” to include use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters. In a civil action brought against the owner of a parcel of real property to resolve a dispute concerning these property rights, the bills would require the award of prevailing party attorney fees if the prevailing defendant made improvements in substantial compliance with, or in reliance ... HB 1167 (Yarkosky) and SB 702 (Martin) create a provision for the recovery of attorney fees and costs in a civil action regarding disputes over property rights. The bills define the term “property rights” to include use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters. In a civil action brought against the owner of a parcel of real property to resolve a dispute concerning these property rights, the bills would require the award of prevailing party attorney fees if the prevailing defendant made improvements in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision or a state agency. HB 1167 also defines the term “improvement” to include anything done to increase the value, use or benefit of real property, whether physical, material, legal or otherwise. (Cruz) Sovereign Immunity (Oppose) CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July ... CS/SB 472 (Brodeur) and CS/CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July 1, 2029, and to occur every five years thereafter. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. Both bills allow a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. The bills narrow the statute of limitation on negligence claims against government entities from four years to two years. CS/SB 472 was amended to mirror the provision in CS/CS/HB 569 that lowers the required pre-suit notice from three years to 18 months. Both bills also abolish the common law doctrine of “home venue privilege” in relation to negligence suits against the state. The Senate bill allows the limitations of liability in effect on the date a final judgment is entered to apply to the claim. Therefore, allowing claims that occurred prior to implementation of these new limits to avail themselves to the increase in caps. On the other hand, the House bill was amended to apply the increased caps to apply to accidents that occur after the effective date of the bill, October 1, 2024. (Cruz) Agenda Item #7.D. 14 Feb 2024 Page 77 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 36/54 Other Bills of Interest HB 619 (Tuck) and SB 1534 (Bradley) – Civil Liability ... HB 619 (Tuck) and SB 1534 (Bradley) – Civil Liability HB 651 (Persons-Mulicka) – Civil Liability for the Wrongful Death of an Unborn Child SB 476 (Grall) – Civil Liability SB 170 (Polsky) – Legal Representation Contracts (Cruz) Articles in this section: 3 TRANSPORTATION Department of Agriculture and Consumer Services (Monitor) SB 1084 (Collins) and HB 1071 (Alvarez) are the legislative priority bills for the Department of Agriculture and Consumer Services. Of concern to cities, the bills preempt a local government from enacting an ordinance regulating electric vehicle charging stations. (Branch) ... SB 1084 (Collins) and HB 1071 (Alvarez) are the legislative priority bills for the Department of Agriculture and Consumer Services. Of concern to cities, the bills preempt a local government from enacting an ordinance regulating electric vehicle charging stations. (Branch) Electric and Hybrid Vehicle License Fees (Support) CS/SB 28 (Hooper) increases the annual fees required for electric and hybrid vehicles. Beginning January 1, 2029, the annual fee for electric vehicles (EVs) would increase from $200 to $250, and the annual fee for hybrid vehicles would increase from $50 to $100. The bill specifies that 64% of the proceeds be deposited into the State Transportation Trust Fund (STTF), and 36% must be allocated to the county where the vehicle is registered. Local governments can use these funds for transportation expenditures. The EV fee is not included in CS/CS/HB 107 (Esposito). CS/CS/HB 107 requires the Revenue Estimating ... CS/SB 28 (Hooper) increases the annual fees required for electric and hybrid vehicles. Beginning January 1, 2029, the annual fee for electric vehicles (EVs) would increase from $200 to $250, and the annual fee for hybrid vehicles would increase from $50 to $100. The bill specifies that 64% of the proceeds be deposited into the State Transportation Trust Fund (STTF), and 36% must be allocated to the county where the vehicle is registered. Local governments can use these funds for transportation expenditures. The EV fee is not included in CS/CS/HB 107 (Esposito). CS/CS/HB 107 requires the Revenue Estimating Conference to estimate the impact on the General Revenue Fund from the sales tax levied from charging EVs and directs the Department of Revenue to distribute funds into the STTF. (Branch) Strategic Transportation Infrastructure Investment (Support) HB 1275 (Berfield) and SB 1506 (DiCeglie) require the Florida Department of Transportation (FDOT) to develop a Strategic Infrastructure Investment Plan to address freight mobility infrastructure. The bills require FDOT to consult with relevant stakeholders including county and municipal governments. Beginning July 1, 2025, the department is required to distribute $150 million to the State Transportation Trust Fund to fund the projects identified in the Strategic Infrastructure Investment Plan. (Branch) ... HB 1275 (Berfield) and SB 1506 (DiCeglie) require the Florida Department of Transportation (FDOT) to develop a Strategic Infrastructure Investment Plan to address freight mobility infrastructure. The bills require FDOT to consult with relevant stakeholders including county and municipal governments. Beginning July 1, 2025, the department is required to distribute $150 million to the State Transportation Trust Fund to fund the projects identified in the Strategic Infrastructure Investment Plan. (Branch) Traffic Enforcement (Oppose) Agenda Item #7.D. 14 Feb 2024 Page 78 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 37/54 SB 1464 (Calatayud) and HB 1363 (Busatta Cabrera) are bills related to the use of traffic cameras. Of interest to cities, the bills do the following: ... SB 1464 (Calatayud) and HB 1363 (Busatta Cabrera) are bills related to the use of traffic cameras. Of interest to cities, the bills do the following: •Prohibit the use of camera systems made by Chinese manufacturers or using materials from China for traffic enforcement in Florida. •Require local governments to approve any new camera contracts or renewals in a public meeting. •Requires local governments to enact ordinances allowing traffic cameras. •Require local governments to show evidence the cameras are needed for safety before installation. •Mandate local governments submit reports on traffic camera use every year to the state. •Noncompliance with rules results in suspension of traffic camera use. (Branch) Traffic and Pedestrian Safety (Monitor) SB 980 (Perry) requires that all plans submitted on or before July 1, 2024, for the construction of crosswalks located at any place other than an intersection of a public street, highway or road be controlled by pedestrian and traffic signals and meet requirements of the Florida Department of Transportation Manual on Uniform Traffic Control Devices. (Branch) ... SB 980 (Perry) requires that all plans submitted on or before July 1, 2024, for the construction of crosswalks located at any place other than an intersection of a public street, highway or road be controlled by pedestrian and traffic signals and meet requirements of the Florida Department of Transportation Manual on Uniform Traffic Control Devices. (Branch) Transportation (Monitor) CS/SB 266 (Hooper), SB 1032 (Gruters), HB 7049 (McFarland) and CS/HB 287 (Esposito) are the legislative priority bills for the Florida Department of Transportation (FDOT). These bills outline various requirements for FDOT and local agencies related to transportation projects. FDOT is mandated to oversee funded projects on behalf of the Federal Highway Administration, update project cost estimates and include contingency amounts. Local agencies must prioritize and budget projects through their respective metropolitan planning organizations (MPOs), be certified by FDOT and incorporate specific contractual requirements and contingency amounts for unforeseen conditions. SB 1032 and HB 7049 specifically prohibit the ... CS/SB 266 (Hooper), SB 1032 (Gruters), HB 7049 (McFarland) and CS/HB 287 (Esposito) are the legislative priority bills for the Florida Department of Transportation (FDOT). These bills outline various requirements for FDOT and local agencies related to transportation projects. FDOT is mandated to oversee funded projects on behalf of the Federal Highway Administration, update project cost estimates and include contingency amounts. Local agencies must prioritize and budget projects through their respective metropolitan planning organizations (MPOs), be certified by FDOT and incorporate specific contractual requirements and contingency amounts for unforeseen conditions. SB 1032 and HB 7049 specifically prohibit the creation of new MPOs, with exceptions for urbanized areas defined by the U.S. Census Bureau. In CS/HB 287 and CS/SB 266, the permit or relocation agreement for utility installation, location or relocation must: •Include a reasonable utility relocation schedule to expedite the completion of FDOT’s construction or maintenance project. •Define a reasonable liquidated damage amount for each day the work exceeds the specified time frame. •Require the utility to be responsible for any damage resulting from the work performed under such permit or relocation agreement. (Branch) Utility Terrain Vehicles (Monitor) SB 440 (Wright) authorizes a utility terrain vehicle (UTV) to legally operate on two-lane county roads and two- lane municipal streets in which the posted speed limit is less than 55 miles per hour. The bill allows a local government to enact an ordinance regulating UTV operation and equipment that is more restrictive than statutory requirements. A local government can prohibit the operation of a UTV on any road under its jurisdiction if the governing body determines that such prohibition is necessary in the interest of safety. (Branch) ... Agenda Item #7.D. 14 Feb 2024 Page 79 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 38/54 SB 440 (Wright) authorizes a utility terrain vehicle (UTV) to legally operate on two-lane county roads and two-lane municipal streets in which the posted speed limit is less than 55 miles per hour. The bill allows a local government to enact an ordinance regulating UTV operation and equipment that is more restrictive than statutory requirements. A local government can prohibit the operation of a UTV on any road under its jurisdiction if the governing body determines that such prohibition is necessary in the interest of safety. (Branch) Other Bills of Interest HB 805 (Borrero) and SB 1042 (Garcia) – Traffic Infraction Detectors ... HB 805 (Borrero) and SB 1042 (Garcia) – Traffic Infraction Detectors SB 994 (Burgess) and HB 1045 (Michael) – Student Transportation Safety Articles in this section: 8 UTILITIES & NATURAL RESOURCES Advanced Wastewater Treatment (Monitor) HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state. Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of ... HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state. Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of any receiving waterbodies; implementation status of any basin management action plans; and wastewater spills since 2010. The bills also require the Department to provide a report outlining a priority ranking process to upgrade all facilities in the state to advanced waste treatment by 2035. The bills require the Department to submit, by June 2026, a progress report on the implementation status of such upgrades. (O’Hara) Assessment of Renewable Energy Source Devices (Monitor) HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara) ... HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara) Beverage Container Deposits (Monitor) Agenda Item #7.D. 14 Feb 2024 Page 80 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 39/54 HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is ... HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is contaminated or damaged or there is a redemption center located within 1 mile of the dealer ’s place of business. It imposes requirements upon deposit beverage dealers and distributors and requires distributors to pay a handling fee to dealers and redemption centers. The bill authorizes municipal and county governments, nonprofit agencies, dealers and individuals to register to operate a redemption center. It prohibits local governments from imposing or collecting any assessment or fee on beverage containers subject to state container deposit requirements. (O’Hara) Carbon Sequestration (Monitor) SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara) ... SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara) Climate Resilience and Drinking Water Standards (Support) SB 1630 (Torres) and HB 1531 (Joseph) require the Department of Environmental Protection to establish the Blue Communities Program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters and fresh waters. The program would provide technical and financial assistance to local governments that qualify as blue communities under the bills. The bills specify qualification criteria for local governments to become blue communities. The bills establish the Ocean State Climate Adaptation and Resilience Grant Fund within the department and authorize the establishment of an advisory board to determine eligibility of projects for ... SB 1630 (Torres) and HB 1531 (Joseph) require the Department of Environmental Protection to establish the Blue Communities Program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters and fresh waters. The program would provide technical and financial assistance to local governments that qualify as blue communities under the bills. The bills specify qualification criteria for local governments to become blue communities. The bills establish the Ocean State Climate Adaptation and Resilience Grant Fund within the department and authorize the establishment of an advisory board to determine eligibility of projects for financial assistance for adaptation and resilience projects. They also establish the Carbon Sequestration Advisory Council within the Department of Agriculture and Consumer Services to assist the Department in documenting and quantifying carbon sequestration and greenhouse gas emissions reductions associated with agricultural practices and land uses occurring on agricultural lands. The purpose of the documentation is to assist and encourage agricultural landowners to participate in carbon trading. The bills also establish the Ocean Stewardship Special Account from the Land Acquisition Trust Fund Agenda Item #7.D. 14 Feb 2024 Page 81 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 40/54 within the Florida Fish and Wildlife Conservation Commission for the collection and use of moneys for the conservation, restoration and enhancement of marine resources. The bills provide for the deposit of user fees and other funding sources into the Account, which shall be used for marine conservation, restoration, enhancement, research, enforcement actions and educational activities. The bills require ocean stewardship user fees to be paid by commercial vessels and all operators of watercraft or water sports equipment. In addition, HB 1531 requires the Department of Environmental Protection or county health departments to monitor PFAS compounds in community water systems and nontransient noncommunity water systems using the national primary drinking water regulations. If the presence of PFAS compounds is detected at or above a specified level but below the Environmental Protection Agency’s specified health advisory level, the bill requires the Department or county health department to annually monitor the PFAS compound levels in the water systems. The bill requires the Department to adopt rules by September 2024 to implement these requirements, including the establishment of enforceable maximum contaminant levels for PFAS compounds. (O’Hara) Coastal Construction and Assessments (Monitor) HB 1079 (McFarland) provides that only coastal counties and municipalities that have received authorization from the Department of Environmental Protection (DEP) prior to December 1, 2023, may establish coastal construction zoning and building codes and exceptions thereto in lieu of state coastal construction regulations. The bill prohibits DEP from delegating authority for certain coastal permits to coastal counties and municipalities that did not receive such authorization prior to December 1, 2023. In addition, the bill authorizes DEP to award grants to coastal counties for saltwater intrusion vulnerability assessments and specifies requirements for such assessments. (O’Hara) ... HB 1079 (McFarland) provides that only coastal counties and municipalities that have received authorization from the Department of Environmental Protection (DEP) prior to December 1, 2023, may establish coastal construction zoning and building codes and exceptions thereto in lieu of state coastal construction regulations. The bill prohibits DEP from delegating authority for certain coastal permits to coastal counties and municipalities that did not receive such authorization prior to December 1, 2023. In addition, the bill authorizes DEP to award grants to coastal counties for saltwater intrusion vulnerability assessments and specifies requirements for such assessments. (O’Hara) Comprehensive Waste Reduction and Recycling Plan (Support) SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit ... SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit a report and recommendations to the Legislature following completion of the plan. (O'Hara) Construction Materials Mining Activities (Monitor) SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara) ... Agenda Item #7.D. 14 Feb 2024 Page 82 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 41/54 SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara) Contaminants of Emerging Concern (Monitor) CS/SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane; ... CS/SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane; (2) Before March 2025, provide notice to DEP of any industrial user that has been initially identified by the inventory as a probable source of PFAS or dioxane discharges. The notice must inform industrial users that they may become subject to pretreatment standards and requirements; (3) Submit to DEP a final inventory of industrial users that are subject to pretreatment standards and requirements and notify the users that they may be subject to enforcement action by July 2026; (4) Issue a permit, order or other measure to enforce applicable pretreatment standards; and (5) By July 2027, sample each industrial user ’s facilities and other at-risk sites. If the sample is above discharge limits, the wastewater facility must implement corrective action to reduce levels of PFAS or dioxane at the user ’s facilities or other at-risk sites. Beginning July 2026, the bills establish specified discharge limits for PFAS and dioxane for industrial users until new discharge limits are adopted by DEP. The bills provide that before July 2027, an entity may not be subject to civil or criminal penalties for violations of the bills’ requirements. After July 2027, the bills direct DEP to consider the financial situation and costs of corrective actions for each wastewater facility that may be out of compliance with its permit or order when considering enforcement action for violations of pretreatment standards or violations of water quality standards. (O’Hara) Department of Environmental Protection (Monitor) CS/SB 1386 (Calatayud) and CS/HB 1557 (Chaney) amend current law provisions relating to aquatic preserves, resilience, onsite sewage treatment and disposal systems (septic systems) and wastewater treatment facilities. The bills authorize the Department of Environmental Protection (DEP) to enter and inspect any property (except a private residence) that has a septic system to ascertain compliance with applicable regulations. In addition, the bills require all wastewater treatment facilities to prepare a reuse feasibility study and to implement reuse to the extent feasible. The bills also require wastewater treatment facilities that provide reclaimed water within a basin management action plan ... CS/SB 1386 (Calatayud) and CS/HB 1557 (Chaney) amend current law provisions relating to aquatic preserves, resilience, onsite sewage treatment and disposal systems (septic systems) and wastewater treatment facilities. The bills authorize the Department of Environmental Protection (DEP) to enter and inspect any property (except a private residence) that has a septic system to ascertain compliance with applicable regulations. In addition, the bills require all wastewater treatment facilities to prepare a reuse feasibility study and to implement reuse to the extent feasible. The bills also require wastewater treatment facilities that provide reclaimed water within a basin management action plan area to meet advanced waste treatment standards. The bills direct water management districts and DEP to develop rules to promote reclaimed water and encourage potable water offsets that produce significant water savings. The bills authorize extended permits for permittees that propose a water supply or water resource development project that uses reclaimed water. The bills expand criteria for grant eligibility under the Resilient Florida Grants Program and expand the types of projects that can be submitted by local or regional entities for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. In addition, the bills require vulnerability assessments to use data from the Florida Flood Hub that is certified by the Chief Resilience Officer. (O’Hara) Agenda Item #7.D. 14 Feb 2024 Page 83 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 42/54 Dredging and Beach Restoration Projects (Monitor) HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice ... HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice of its intent to conduct an analysis to adjacent local governments that may be affected by the activity. The bill’s requirements do not apply to any port dredging currently permitted or maintained by the U.S. Army Corps of Engineers. The bill specifies fines for violations of its requirements. (O’Hara) Energy (Monitor) SB 1548 (Gruters) prohibits the Department of Transportation from assigning or transferring its permitting rights across transportation rights-of-way operated by the Department to a third party or governmental entity that does not operate the transportation right-of-way. The bill amends Section 337.403, Florida Statutes, to prohibit permitting authorities from requiring a utility within a public road operated by the authority to be relocated on behalf of certain other third party or governmental agency project related to a separate public or private road or corridor. The bill requires the Public Service Commission to approve targeted storm reserve amounts for public ... SB 1548 (Gruters) prohibits the Department of Transportation from assigning or transferring its permitting rights across transportation rights-of-way operated by the Department to a third party or governmental entity that does not operate the transportation right-of-way. The bill amends Section 337.403, Florida Statutes, to prohibit permitting authorities from requiring a utility within a public road operated by the authority to be relocated on behalf of certain other third party or governmental agency project related to a separate public or private road or corridor. The bill requires the Public Service Commission to approve targeted storm reserve amounts for public utilities and provides for reserve requirements and base rate adjustments. It requires the Department of Commerce to expand categorical eligibility for the low-income home energy assistance program to include individuals who are enrolled in certain federal disability programs. It directs the Public Service Commission to conduct a feasibility study on the use of small modular nuclear reactors in the state and to submit a report to the Legislature. (O’Hara) Energy Resources (Oppose) CS/HB 1645 (Payne) and CS/SB 1624 (Collins) substantially revise various statutes relating to energy policy and regulation. The bills provide that a “Resiliency Facility” is a permitted use in all commercial, industrial, and manufacturing land use categories and districts, and specify that such facilities must comply with landscape and buffering requirements for similar uses. A Resiliency Facility is defined as a facility of a public utility used for assembling, creating, holding, or deploying natural gas reserves for temporary use during a system outage or natural disaster. The bills prohibit a local government, after July 2024, from amending its ... CS/HB 1645 (Payne) and CS/SB 1624 (Collins) substantially revise various statutes relating to energy policy and regulation. The bills provide that a “Resiliency Facility” is a permitted use in all commercial, industrial, and manufacturing land use categories and districts, and specify that such facilities must comply with landscape and buffering requirements for similar uses. A Resiliency Facility is defined as a facility of a public utility used for assembling, creating, holding, or deploying natural gas reserves for temporary use during a system outage or natural disaster. The bills prohibit a local government, after July 2024, from amending its comprehensive plan or land development regulations in a manner that would conflict with a resiliency facility’s classification as a permitted use in Agenda Item #7.D. 14 Feb 2024 Page 84 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 43/54 all land use categories and districts. The bills remove current law requirements that direct state agencies to purchase “climate-friendly preferred products” and to contract with “Green Lodging” facilities. In addition, the bills remove current law provisions that require state agencies to purchase the most fuel-efficient vehicles. The bills require the Department of Management Services to develop a “Florida Human Preferred Energy Products List.” The development of the List must include consideration of products available for purchase under state contracts that include an energy storage device or energy generation device with specified storage capacity that appear largely free from forced labor. State agencies are prohibited from purchasing products not on the List. The bills include “development districts” as entities preempted from regulating utility fuel sources and gas appliances. The bills require a public utility to petition the Public Service Commission for approval before retiring an electric power plant. In addition, the bills authorize the Commission to approve voluntary public utility programs for residential EV charging if the program will not adversely affect the utility’s rate payers. The bills revise the goals and objectives of the state’s Energy Policy and eliminate various grants and programs relating to renewable energy, energy efficiency and climate. The bills prohibit a homeowner’s association from precluding the types of fuel sources of energy production used to serve consumers, and from precluding the use of gas appliances. The bills direct the Public Service Commission to assess, study and report on the following: modernization of the state’s electric grid; the security and resiliency of the state’s electric grid and natural gas facilities; and the feasibility of using advanced nuclear power technologies. The bills require the Department of Transportation to study and report on the potential development of hydrogen fueling infrastructure. (O’Hara) Enhancement and Mitigation Credits (Monitor) HB 1073 (Truenow) and CS/SB 1532 (Brodeur) revise current law provisions for the sale and use of water quality enhancement credits from water quality enhancement areas. In addition, the bills require governmental entities to consider unsolicited proposals from private entities, and authorize governmental entities to solicit proposals from private entities, for wetland mitigation bank projects on public lands. The bills specify conditions for a mitigation bank established and operated by a private entity on public land. (O’Hara) ... HB 1073 (Truenow) and CS/SB 1532 (Brodeur) revise current law provisions for the sale and use of water quality enhancement credits from water quality enhancement areas. In addition, the bills require governmental entities to consider unsolicited proposals from private entities, and authorize governmental entities to solicit proposals from private entities, for wetland mitigation bank projects on public lands. The bills specify conditions for a mitigation bank established and operated by a private entity on public land. (O’Hara) Everglades Protection Area/Comprehensive Plan Amendments (Monitor) HB 723 (Busatta Cabrera) and SB 1364 (Calatayud) require comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state- coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. Plan amendments ... HB 723 (Busatta Cabrera) and SB 1364 (Calatayud) require comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. Plan amendments that apply to any land within, or within two miles of, the EPA must be transmitted to DEP within 10 days of the second public hearing on the amendment. Finally, the bills require a county whose boundaries include any portion of the EPA, and the municipalities within the county (any municipality within Palm Beach, Broward or Miami-Dade County), to transmit a copy of any small-scale plan amendment to the Department of Economic Opportunity within 10 days after adoption. SB 1364 prohibits the adoption of a small-scale plan amendment if the affected property is located within, or within two miles of, the Everglades Protection Area. (O'Hara) Agenda Item #7.D. 14 Feb 2024 Page 85 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 44/54 Environmental Management (Monitor) CS/HB 789 (Overdorf) and CS/CS/SB 738 (Burgess) limit causes of action to damages for real and personal property directly resulting from pollution that was not authorized by any government approval or permit pursuant to Chapters 373, 376 and 403, Florida Statutes. In addition, the bills provide that the strict liability exceptions to such a cause of action include those specified in Section 376.308 and 376.82, Florida Statutes. The bills also require that nonindustrial stormwater management systems be designed with side slopes that meet certain minimum design requirements. The bills require the Department of Environmental Protection (DEP) and water ... CS/HB 789 (Overdorf) and CS/CS/SB 738 (Burgess) limit causes of action to damages for real and personal property directly resulting from pollution that was not authorized by any government approval or permit pursuant to Chapters 373, 376 and 403, Florida Statutes. In addition, the bills provide that the strict liability exceptions to such a cause of action include those specified in Section 376.308 and 376.82, Florida Statutes. The bills also require that nonindustrial stormwater management systems be designed with side slopes that meet certain minimum design requirements. The bills require the Department of Environmental Protection (DEP) and water management districts to conduct reviews of their coastal permitting processes and permit programs and to submit reports of their findings and recommendations to the Governor and Legislature by December 2024. The review must include coastal construction control line permits, Section 404 permits, and permitting processes related to water supply infrastructure, wastewater infrastructure and onsite sewage treatment and disposal systems. The purpose of the review is to identify areas of improvement and increase efficiency. Finally, CS/SB 738 provides that a prevailing party in actions against the DEP or water management district relating to authorizations issued pursuant to Chapters 403 or 373 is entitled to reasonable attorney costs and fees. (O’Hara) Excise Tax on Water Extracted for Commercial or Industrial Use (Monitor) SB 510 (Stewart) imposes an excise tax on persons extracting water from waters of the state for commercial or industrial use. The bill specifies that tax proceeds must be deposited in the state Water Protection and Sustainability Program Trust Fund. In addition, it specifies that tax proceeds must also be used by the Department of Environmental Protection for geological surveys to monitor the health of waters of the state and for saltwater intrusion prevention and management. (O’Hara) ... SB 510 (Stewart) imposes an excise tax on persons extracting water from waters of the state for commercial or industrial use. The bill specifies that tax proceeds must be deposited in the state Water Protection and Sustainability Program Trust Fund. In addition, it specifies that tax proceeds must also be used by the Department of Environmental Protection for geological surveys to monitor the health of waters of the state and for saltwater intrusion prevention and management. (O’Hara) Flood Damage Prevention (Monitor) HB 749 (Basabe) and CS/SB 1766 (Rodriguez) provide that the maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction is 10 feet. The bills prohibit voluntary freeboard from being used to calculate the maximum allowable height of a structure. The bills define “freeboard” as the additional height above the base flood elevation for determining the level at which a structure’s lowest floor or the bottom of the lowest horizontal structure member must be elevated in accordance with floodplain management regulations and the Florida Building Code. “Voluntary freeboard” is defined as the additional height above ... HB 749 (Basabe) and CS/SB 1766 (Rodriguez) provide that the maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction is 10 feet. The bills prohibit voluntary freeboard from being used to calculate the maximum allowable height of a structure. The bills define “freeboard” as the additional height above the base flood elevation for determining the level at which a structure’s lowest floor or the bottom of the lowest horizontal structure member must be elevated in accordance with floodplain management regulations and the Florida Building Code. “Voluntary freeboard” is defined as the additional height above the freeboard required by floodplain management regulations and the Florida Building Code. The bills authorize local governments to adopt by Agenda Item #7.D. 14 Feb 2024 Page 86 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 45/54 ordinance minimum freeboard requirements or maximum voluntary freeboard that exceeds minimum requirements. In addition, the bills require the Florida Building Commission to adopt by rule minimum freeboard requirements and to incorporate such requirements into the next edition of the Florida Building Code and to review such requirements every five years. (O’Hara) Funding for Environmental Resource Management (Support) HB 1417 (Buchanan) and SB 1638 (Hutson) require the Legislature to appropriate 95% of the revenue share payments received under the 2021 gaming compact for the purpose of acquiring and managing conservation lands and addressing water quality issues. (O’Hara) ... HB 1417 (Buchanan) and SB 1638 (Hutson) require the Legislature to appropriate 95% of the revenue share payments received under the 2021 gaming compact for the purpose of acquiring and managing conservation lands and addressing water quality issues. (O’Hara) Improvements to Real Property (Support) CS/SB 770 (Martin) and CS/HB 927 (Trabulsy) revise requirements relating to the Property Assessed Clean Energy (PACE) program. The bills define “commercial property,” “facility,” “government commercial property,” nongovernmental lessee,” program administrator,” “qualifying improvement contractor,” “qualifying improvement program,” “qualifying improvement,” and “residential property” for purposes of the PACE program. CS/SB 770 authorizes the use of interlocal agreements for the purpose of PACE financing, but specifies that the property for which qualifying improvements are made must be located within the jurisdictions of the local governments that are parties to the interlocal agreement. The bills authorize local governments to enter financing ... CS/SB 770 (Martin) and CS/HB 927 (Trabulsy) revise requirements relating to the Property Assessed Clean Energy (PACE) program. The bills define “commercial property,” “facility,” “government commercial property,” nongovernmental lessee,” program administrator,” “qualifying improvement contractor,” “qualifying improvement program,” “qualifying improvement,” and “residential property” for purposes of the PACE program. CS/SB 770 authorizes the use of interlocal agreements for the purpose of PACE financing, but specifies that the property for which qualifying improvements are made must be located within the jurisdictions of the local governments that are parties to the interlocal agreement. The bills authorize local governments to enter financing agreements with property owners to finance or refinance qualifying improvements and require such agreements to meet specified conditions. The definition of “qualifying improvement” is expanded to include wastewater improvements relating to repair, replacement, or conversion of a septic tank system, and flood and water damage mitigation and resiliency improvements. The bills define “qualifying improvements” for commercial properties. The bills revise and specify public recording requirements for assessment financing agreements and notices of lien. The bills authorize local governments to include in any contracts with program administrators provisions for performing annual reviews to confirm compliance. The bills prohibit liens relating to PACE improvements from being enforced in a manner that accelerates the remaining nondelinquent unpaid balance. Numerous new consumer protection requirements are imposed on the approval of PACE financing agreements, including requirements that a local government or program administrator determine whether a property owner has the ability to pay the assessment, requirements for disclosures to property owners, requirements for obtaining the consent of certain mortgage holders or loan servicers, requirements for monitoring compliance by qualifying improvement contractors, and requirements for annual reporting by local governments. (O’Hara) Indian River Lagoon Protection Program (Monitor) HB 1005 (Roth) and SB 1354 (Wright) require 40% or $60 million, whichever is greater, of the proceeds paid into the state’s Water Protection and Sustainability Trust Fund to be used for the Indian River Lagoon Protection Program (Program). The funds may only be used to install and connect septic systems within the Program area to wastewater treatment facilities that have been prioritized by the Department of Environmental Protection (DEP). The funds shall be disbursed to local governments but may not be used to cover more than 50% of the total cost to install and connect dwellings to ... Agenda Item #7.D. 14 Feb 2024 Page 87 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 46/54 HB 1005 (Roth) and SB 1354 (Wright) require 40% or $60 million, whichever is greater, of the proceeds paid into the state’s Water Protection and Sustainability Trust Fund to be used for the Indian River Lagoon Protection Program (Program). The funds may only be used to install and connect septic systems within the Program area to wastewater treatment facilities that have been prioritized by the Department of Environmental Protection (DEP). The funds shall be disbursed to local governments but may not be used to cover more than 50% of the total cost to install and connect dwellings to wastewater treatment facilities. In addition, the bills require DEP to identify and categorize all the commercial or residential properties that use septic systems within Basin Management Action plan areas that are within the Program area and estimate the economic cost of connecting the septic systems to a wastewater treatment facility. The bills direct DEP to perform a cost-benefit analysis to rank and prioritize systems for funding connection grants. The bills require DEP to submit an annual report on its actions relating to the Program to the Governor and the Legislature. (O’Hara) Installation of Waterway Markers (Monitor) SB 784 (Gruters) revises the application and installation requirements for uniform waterway markers. It requires that all waterway markers and information markers be affixed to plastic breakaway structures or floating buoys by January 1, 2025. The bill prohibits a governmental entity from affixing a waterway marker to a steel beam or wood piling. (O’Hara) ... SB 784 (Gruters) revises the application and installation requirements for uniform waterway markers. It requires that all waterway markers and information markers be affixed to plastic breakaway structures or floating buoys by January 1, 2025. The bill prohibits a governmental entity from affixing a waterway marker to a steel beam or wood piling. (O’Hara) Land and Water Management (Monitor) HB 527 (Maggard) and SB 664 (Burgess) require a local government to use eminent domain to acquire any land or water buffer area that exceeds the minimum land or water buffer areas required under state law for development in or around wetlands. The bills also preempt dredge and fill permitting to the state and eliminate statutory authority for Land Management Review Teams at water management districts. (O’Hara) ... HB 527 (Maggard) and SB 664 (Burgess) require a local government to use eminent domain to acquire any land or water buffer area that exceeds the minimum land or water buffer areas required under state law for development in or around wetlands. The bills also preempt dredge and fill permitting to the state and eliminate statutory authority for Land Management Review Teams at water management districts. (O’Hara) Management and Storage of Surface Waters (Monitor) SB 986 (Burton) provides an exemption from surface water management and storage regulations for implementing water quality improvements and specified measures for environmental habitat restoration, enhancement and creation on certain agricultural lands or government-owned lands. The measures may alter topography of the land, divert or impede the flow of surface waters on the land, or impact wetlands if the measures result in a net increase in wetland functions. The bill prohibits the use of the exemption to establish mitigation banks or regional offsite mitigation areas. (O’Hara) ... SB 986 (Burton) provides an exemption from surface water management and storage regulations for implementing water quality improvements and specified measures for environmental habitat restoration, enhancement and creation on certain agricultural lands or government-owned lands. The measures may alter topography of the land, divert or impede the flow of surface waters on the land, or impact wetlands if the measures result in a net increase in wetland functions. The bill prohibits the use of the exemption to establish mitigation banks or regional offsite mitigation areas. (O’Hara) Marine Encroachment on Military Operations (Monitor) Agenda Item #7.D. 14 Feb 2024 Page 88 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 47/54 SB 1720 (Rodriguez) and HB 1407 (Altman) modify current growth management laws to expand the types of military installations that local governments must cooperate with to encourage compatible land uses in associated areas. The bills encourage partnerships with local governments to create local mangrove protection and restoration zone programs. The expansion adds military “ranges” specified annexes in the Keys as well as ranges at Fleming Bay to the types of installations subject to the cooperation requirements. (O’Hara) ... SB 1720 (Rodriguez) and HB 1407 (Altman) modify current growth management laws to expand the types of military installations that local governments must cooperate with to encourage compatible land uses in associated areas. The bills encourage partnerships with local governments to create local mangrove protection and restoration zone programs. The expansion adds military “ranges” specified annexes in the Keys as well as ranges at Fleming Bay to the types of installations subject to the cooperation requirements. (O’Hara) Mitigation Credits (Monitor) SB 1646 (DiCeglie) revises the list of projects eligible to use wetland mitigation banks and authorizes the use of mitigation credits within surrounding basins, rather than in the basin being impacted if credits are deemed unavailable within that basin. The bill specifies the circumstances under which credits may be deemed unavailable in a basin and specifies the factors the Department of Environmental Protection and water management districts must consider when awarding mitigation credits. In addition, the bill provides requirements for the calculation of additional credits necessary to use mitigation credits from outside a project area basin. The bill ... SB 1646 (DiCeglie) revises the list of projects eligible to use wetland mitigation banks and authorizes the use of mitigation credits within surrounding basins, rather than in the basin being impacted if credits are deemed unavailable within that basin. The bill specifies the circumstances under which credits may be deemed unavailable in a basin and specifies the factors the Department of Environmental Protection and water management districts must consider when awarding mitigation credits. In addition, the bill provides requirements for the calculation of additional credits necessary to use mitigation credits from outside a project area basin. The bill requires the Department to adopt rules that conform to and implement the bill’s requirements. (O’Hara) Municipal Utilities (Oppose) CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the ... CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the recipient jurisdictions’ governing bodies for the purpose of obtaining public input on utility matters. CS/CS/HB 1277 imposes a 10% cap of gross utility revenues on any utility enterprise fund transfers to the general fund. Beginning November 2024, municipal utilities providing extraterritorial services are required to submit an annual report to the Public Service Commission with information about the scope and nature of the services. Beginning January 2025, the Public Service Commission is required to aggregate the information submitted by municipal utilities and provide an annual report to the Legislature. SB 1510 specifies that the portion of utility revenues transferred to the general fund may not exceed the transfer rates specified in the bill. The specified transfer rates are based on the average midpoints of the rates of return on equity approved by the Public Service Commission for investor-owned utilities. The bill requires further reductions in the allowable transfer rate based on the percentage of the utility’s retail customers located outside Agenda Item #7.D. 14 Feb 2024 Page 89 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 48/54 the municipality’s boundaries. The bill further specifies that these reductions do not apply if the utility service is governed by a utility authority board that, through the election of voting members from outside the municipal boundaries, provides for proportionate representation of customers located outside the municipal boundaries. With respect to extraterritorial surcharges, CS/CS/HB 1277 and SB 1510 eliminate the first 25% extraterritorial surcharge that may be imposed without a public hearing. The bills eliminate the second 25% surcharge that may be imposed after a public hearing. In addition, the bills provide that rates, fees and charges that may be imposed on extraterritorial customers shall not exceed 25% (reduced from the 50% allowed under current law) of the total amount the municipality charges customers served within the municipality for corresponding service. The effective date of the bills is July 2025. (O’Hara) Municipal Solid Waste to Energy Program (Monitor) SB 1606 (Torres) and HB 1631 (Campbell) change the state agency responsible for administering the Municipal Solid Waste-to-Energy Program from the Department of Agriculture and Consumer Services to the Department of Environmental Protection. The bills revise the eligibility requirements for financial assistance under the program and provide that an applicant that does not meet minimum federal air quality standards is ineligible for grant funding. The bills also require an environmental justice evaluation by the agency of the facility’s impact on low-income and historically marginalized groups. (O’Hara) ... SB 1606 (Torres) and HB 1631 (Campbell) change the state agency responsible for administering the Municipal Solid Waste-to-Energy Program from the Department of Agriculture and Consumer Services to the Department of Environmental Protection. The bills revise the eligibility requirements for financial assistance under the program and provide that an applicant that does not meet minimum federal air quality standards is ineligible for grant funding. The bills also require an environmental justice evaluation by the agency of the facility’s impact on low-income and historically marginalized groups. (O’Hara) Mitigation Areas and Assessments (Monitor) SB 836 (Simon) amends Section 373.414, Florida Statutes, relating to wetland and surface water mitigation areas and assessments. It specifies conditions under which the required “degree of risk” may not be considered when a uniform mitigation assessment method is being applied. For mitigation areas created after January 2022, and for which mitigation has not been determined by the state to be successful for a mitigation area as of July 2024, the bill specifies that no conservation easement or other similar form of encumbrance of real property may be required as a condition of approval of the permit or ... SB 836 (Simon) amends Section 373.414, Florida Statutes, relating to wetland and surface water mitigation areas and assessments. It specifies conditions under which the required “degree of risk” may not be considered when a uniform mitigation assessment method is being applied. For mitigation areas created after January 2022, and for which mitigation has not been determined by the state to be successful for a mitigation area as of July 2024, the bill specifies that no conservation easement or other similar form of encumbrance of real property may be required as a condition of approval of the permit or mitigation plan, and the mitigation credits attributable to the mitigation area will be determined without regard to the presence or absence of a conservation easement or other similar form of encumbrance. (O’Hara) Municipal Water and Sewer Utility Rates (Monitor) HB 47 (Robinson, F.) and SB 104 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara) ... HB 47 (Robinson, F.) and SB 104 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara) Agenda Item #7.D. 14 Feb 2024 Page 90 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 49/54 Municipal Water or Sewer Utility Rates, Fees and Charges (Oppose) CS/HB 777 (Brackett) and SB 1088 (Martin) remove statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. HB 777 would require that rates, fees and charges be the same for customers served inside and outside the municipality’s boundaries. SB 1088 specifies that rates, fees, and charges for extraterritorial customers must be just and equitable and be based on the same factors used to fix rates, fees, and charges for customers inside the municipality’s boundaries. The bills also require municipal utilities that serve extraterritorial customers to conduct a rate study by January 1, ... CS/HB 777 (Brackett) and SB 1088 (Martin) remove statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. HB 777 would require that rates, fees and charges be the same for customers served inside and outside the municipality’s boundaries. SB 1088 specifies that rates, fees, and charges for extraterritorial customers must be just and equitable and be based on the same factors used to fix rates, fees, and charges for customers inside the municipality’s boundaries. The bills also require municipal utilities that serve extraterritorial customers to conduct a rate study by January 1, 2027, and every seven years thereafter. (O’Hara) Preemption of Recyclable and Polystyrene Materials (Support) SB 498 (Stewart) removes the state law preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags and removes the state preemption of local law regarding the use or sale of polystyrene products. (O’Hara) ... SB 498 (Stewart) removes the state law preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags and removes the state preemption of local law regarding the use or sale of polystyrene products. (O’Hara) Public Records and Meetings of a Utility Owned or Operated by a Local Government (Support) SB 7006 (Regulated Industries) and HB 7047 (Ethics, Elections and Open Government Subcommittee) extend the repeal date for the public records and public meetings exemptions relating to information technology security of local government utilities to October 2, 2027, which coincides with the repeal date for cybersecurity public records exemptions for all public agencies. In addition, the bills save from repeal the public record exemption related to customer meter-derived data and billing information. (O’Hara) ... SB 7006 (Regulated Industries) and HB 7047 (Ethics, Elections and Open Government Subcommittee) extend the repeal date for the public records and public meetings exemptions relating to information technology security of local government utilities to October 2, 2027, which coincides with the repeal date for cybersecurity public records exemptions for all public agencies. In addition, the bills save from repeal the public record exemption related to customer meter-derived data and billing information. (O’Hara) Ratification of Statewide Stormwater Rule (Support) SB 7040 (Environment and Natural Resources Committee) and HB 7053 (Water Quality, Supply and Treatment Subcommittee) ratify the Department of Environmental Protection’s revisions to the stormwater rules within Chapter 62-330, Florida Administrative Code, with additional changes, including: (1) clarifying provisions relating to grandfathered projects; (2) providing that entities implementing stormwater best management practices also regulated under different provisions of law are not subject to duplicate inspections for the same practices; and (3) allowing alternative treatment standards for redevelopment projects in areas with impaired waters. (O’Hara) ... SB 7040 (Environment and Natural Resources Committee) and HB 7053 (Water Quality, Supply and Treatment Subcommittee) ratify the Department of Environmental Protection’s revisions to the stormwater rules within Chapter 62-330, Florida Administrative Code, with additional changes, including: (1) clarifying provisions relating to grandfathered projects; (2) providing that entities implementing stormwater best management practices also regulated Agenda Item #7.D. 14 Feb 2024 Page 91 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 50/54 under different provisions of law are not subject to duplicate inspections for the same practices; and (3) allowing alternative treatment standards for redevelopment projects in areas with impaired waters. (O’Hara) Regulation of Auxiliary Containers (Oppose) SB 1126 (Martin) and HB 1641 (Yeager) preempt the regulation of auxiliary containers (reusable or single-use bags, cups, bottles or other packaging) and deletes a current law provision that requires the Department of Environmental Protection to review and update its 2010 report on retail bags and auxiliary containers. (O’Hara) ... SB 1126 (Martin) and HB 1641 (Yeager) preempt the regulation of auxiliary containers (reusable or single-use bags, cups, bottles or other packaging) and deletes a current law provision that requires the Department of Environmental Protection to review and update its 2010 report on retail bags and auxiliary containers. (O’Hara) Regulation of Single-use Plastic Products (Support) SB 698 (Rodriguez) requires the Department of Environmental Protection to review and periodically update its 2010 report and recommendations relating to the use of plastic bags and auxiliary containers. The bill establishes a pilot program for coastal municipalities to establish a pilot program to regulate single-use plastic products upon meeting specified conditions. (O’Hara). ... SB 698 (Rodriguez) requires the Department of Environmental Protection to review and periodically update its 2010 report and recommendations relating to the use of plastic bags and auxiliary containers. The bill establishes a pilot program for coastal municipalities to establish a pilot program to regulate single-use plastic products upon meeting specified conditions. (O’Hara). Release of Balloons (Support) SB 602 (DiCeglie) and HB 321 (Chaney) revise the current law prohibiting the release of certain balloons. SB 602 deletes the specified timeframe and number of balloons subject to the prohibition, making the intentional release of any number of balloons over any timeframe a violation of state law. SB 602 also deletes the current law exemption from the prohibition for certain biodegradable or photodegradable balloons. Both bills provide that a person who violates the statutory prohibition commits the noncriminal infraction of littering, punishable as provided in Section 403.413(6)(a), Florida Statutes. (O’Hara) ... SB 602 (DiCeglie) and HB 321 (Chaney) revise the current law prohibiting the release of certain balloons. SB 602 deletes the specified timeframe and number of balloons subject to the prohibition, making the intentional release of any number of balloons over any timeframe a violation of state law. SB 602 also deletes the current law exemption from the prohibition for certain biodegradable or photodegradable balloons. Both bills provide that a person who violates the statutory prohibition commits the noncriminal infraction of littering, punishable as provided in Section 403.413(6)(a), Florida Statutes. (O’Hara) Resilience Districts (Monitor) SB 1330 (Calatayud) creates a process for establishing resilience districts in Florida to support local governments’ efforts to mitigate the risk of sea-level rise and increased flooding. The bill defines several relevant terms to support the formation of these citizen-initiated financing districts that are intended to address infrastructure and resilience problems. The bill sets boundaries for resilience districts, defines their acceptable uses, and includes provisions for project management fees. If a local government acts as project manager for a resilience district, the bill authorizes the local government to receive a project management fee of up to 5% of ... SB 1330 (Calatayud) creates a process for establishing resilience districts in Florida to support local governments’ efforts to mitigate the risk of sea-level rise and increased flooding. The bill defines several relevant terms to support the formation of these citizen-initiated financing districts that are intended to address infrastructure and resilience problems. Agenda Item #7.D. 14 Feb 2024 Page 92 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 51/54 The bill sets boundaries for resilience districts, defines their acceptable uses, and includes provisions for project management fees. If a local government acts as project manager for a resilience district, the bill authorizes the local government to receive a project management fee of up to 5% of the total cost of design and construction. The bill establishes conditions for local government review and approval of a resilience district and imposes additional obligations on local governments that “inappropriately” deny a petition to establish a district. Additional obligations include but are not limited to a requirement that the local government fund and implement a proposed resiliency project instead of the district. If a proposed district is identical to or shares more than 90% of the geography of any existing special taxing district that serves a similar function, the bill requires dissolution of the special taxing district and reconstitution as a resilience district, with all existing funds serving the special taxing district transferred to the resilience district. Additionally, the bill prescribes the composition and responsibilities of district boards and establishes financial transparency measures. (O’Hara) Renewable Natural Gas (Monitor) SB 480 (DiCeglie) and HB 683 (Yeager) authorize an investor-owned utility to recover, through an appropriate cost-recovery mechanism administered by the Public Service Commission, prudently incurred renewable natural gas infrastructure project costs. The bill revises the required contents of a basin management action plan for an Outstanding Florida Spring to include identification of water quality improvement projects that can also produce and capture renewable natural gas through anaerobic digestion or other similar technologies at wastewater treatment plants, livestock farms, food production facilities and organic waste management operations. It encourages municipalities and counties to develop regional solutions to the ... SB 480 (DiCeglie) and HB 683 (Yeager) authorize an investor-owned utility to recover, through an appropriate cost- recovery mechanism administered by the Public Service Commission, prudently incurred renewable natural gas infrastructure project costs. The bill revises the required contents of a basin management action plan for an Outstanding Florida Spring to include identification of water quality improvement projects that can also produce and capture renewable natural gas through anaerobic digestion or other similar technologies at wastewater treatment plants, livestock farms, food production facilities and organic waste management operations. It encourages municipalities and counties to develop regional solutions to the processing, capture and reuse or sale of renewable natural gas from landfills and wastewater treatment facilities. Finally, it authorizes the Department of Agriculture to expand any “farm- to-fuel” initiative to address the production and capture of renewable natural gas. (O’Hara) Safe Waterways Act (Monitor) CS/HB 165 (Gossett-Seidman) and SB 338 (Berman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. The bill specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water ... CS/HB 165 (Gossett-Seidman) and SB 338 (Berman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. The bill specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water quality is restored in accordance with the Department's standards. The bill requires the Department to adopt by rule specifications for signage that must be used when it issues a health advisory against swimming in affected beach waters or public bathing places due to elevated levels of specified bacteria and requires such signage to be placed at beach access points and access points to public bathing places until the health advisory is removed. The bill specifies that municipalities and counties are responsible for posting and maintaining the signage around beaches and public bathing places they own. Finally, the bill requires the Department to develop an interagency database for reporting fecal indicator bacteria data and specify that fecal indicator bacteria relating to sampled beach waters and public bathing places must be published in the database within five business days after receipt of the data. (O'Hara) Agenda Item #7.D. 14 Feb 2024 Page 93 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 52/54 Saltwater Intrusion Vulnerability Assessments (Monitor) CS/SB 298 (Polsky) authorizes the Department of Environmental Protection to provide grants to coastal counties for saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on a county's water supply, water utility infrastructure, wellfield protection and freshwater supply management. The bill requires the Department to update its comprehensive statewide flood vulnerability and sea level rise data set to include information received from the county saltwater intrusion vulnerability assessments. The bill directs the Department to provide 50% cost-share funding to counties, up to $250,000, for each grant, and exempt counties with a population of 50,000 or less ... CS/SB 298 (Polsky) authorizes the Department of Environmental Protection to provide grants to coastal counties for saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on a county's water supply, water utility infrastructure, wellfield protection and freshwater supply management. The bill requires the Department to update its comprehensive statewide flood vulnerability and sea level rise data set to include information received from the county saltwater intrusion vulnerability assessments. The bill directs the Department to provide 50% cost-share funding to counties, up to $250,000, for each grant, and exempt counties with a population of 50,000 or less from the cost-share requirement. In addition, the bill includes provisions relating to the Department of Environmental Protection’s approval of a coastal county or municipality’s establishment of coastal construction zoning and building codes in lieu of the Department’s requirements. The bill authorizes a city or county to establish its own requirements if the local government’s coastal zones and codes were approved in writing by the Department on or before December 1, 2023. (O'Hara) State Renewable Energy Goals (Monitor) SB 144 (Berman) and HB 193 (Eskamani) amend multiple provisions of law relating to renewable energy. The bills prohibit the drilling, exploration for or the production of oil, gas or other petroleum products on the lands and waters of the state. The bills provide that by 2050, 100% of the electricity used in the state will be generated from 100% renewable energy and that by 2051, the state will have net zero carbon emissions. The bills direct the Office of Energy within the Department of Agriculture and Consumer Services to coordinate with state, regional and local entities to ... SB 144 (Berman) and HB 193 (Eskamani) amend multiple provisions of law relating to renewable energy. The bills prohibit the drilling, exploration for or the production of oil, gas or other petroleum products on the lands and waters of the state. The bills provide that by 2050, 100% of the electricity used in the state will be generated from 100% renewable energy and that by 2051, the state will have net zero carbon emissions. The bills direct the Office of Energy within the Department of Agriculture and Consumer Services to coordinate with state, regional and local entities to develop a unified statewide renewable energy plan. (O’Hara) Statewide Drinking Water Standards (Monitor) SB 1546 (Stewart) and HB 1533 (Plakon) require the Department of Environmental Protection to adopt rules for a statewide maximum contaminant level for 1,4-dioxane. The rules must require a public water system, by January 2025, to test all of the system’s groundwater wells for dioxane. If dioxane is detected at levels greater than the statewide standard, the public water system must develop and submit to the Department a mitigation plan to bring the dioxane levels to state standards and comply with such standards within five years after the rules are adopted. The system must retest for dioxane at ... SB 1546 (Stewart) and HB 1533 (Plakon) require the Department of Environmental Protection to adopt rules for a statewide maximum contaminant level for 1,4-dioxane. The rules must require a public water system, by January 2025, to test all of the system’s groundwater wells for dioxane. If dioxane is detected at levels greater than the statewide standard, the public water system must develop and submit to the Department a mitigation plan to bring the dioxane levels to state standards and comply with such standards within five years after the rules are adopted. The system must retest for dioxane at frequencies determined by the Department and make the mitigation plan and testing results available to the public. If testing does not detect levels of dioxane exceeding the state standard, a public water system must make the testing results available to the public and must retest for dioxane within five years. In addition, the bills Agenda Item #7.D. 14 Feb 2024 Page 94 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 53/54 require the Department to provide financial assistance under the drinking water state revolving loan fund to public water systems necessary to help reduce the system’s costs to update system infrastructure to meet the new standards. (O’Hara) Statewide Environmental Resource Permitting Rules (Monitor) SB 406 (Rodriguez) requires that stormwater management systems be designed with side slope horizontal-to- vertical ratio of 4:1 or an equivalent substitute. The bill supersedes all other side slope rules adopted by the Department of Environmental Protection, water management districts or delegated local programs. (O’Hara) ... SB 406 (Rodriguez) requires that stormwater management systems be designed with side slope horizontal-to-vertical ratio of 4:1 or an equivalent substitute. The bill supersedes all other side slope rules adopted by the Department of Environmental Protection, water management districts or delegated local programs. (O’Hara) Surplus Lands (Monitor) SB 1620 (Collins) requires the state Acquisition and Restoration Council to determine whether any lands surplused by a local government are within a Florida Wildlife Corridor opportunity area. It prohibits further development rights from being attached to such lands that are determined to be within the Corridor opportunity area. The bill authorizes the Department of Environmental Protection (DEP) to surplus state-owned conservation lands without development rights within the Corridor and provides a disposition process for such lands. The bill requires water management districts to determine whether surplus district lands are within the Corridor opportunity area. (O’Hara) ... SB 1620 (Collins) requires the state Acquisition and Restoration Council to determine whether any lands surplused by a local government are within a Florida Wildlife Corridor opportunity area. It prohibits further development rights from being attached to such lands that are determined to be within the Corridor opportunity area. The bill authorizes the Department of Environmental Protection (DEP) to surplus state-owned conservation lands without development rights within the Corridor and provides a disposition process for such lands. The bill requires water management districts to determine whether surplus district lands are within the Corridor opportunity area. (O’Hara) Trees on Residential Property (Support) SB 122 (Stewart) repeals a state law preemption of local government regulation of tree pruning, trimming or removal on residential property. (O’Hara) ... SB 122 (Stewart) repeals a state law preemption of local government regulation of tree pruning, trimming or removal on residential property. (O’Hara) Underground Facilities (Monitor) SB 708 (Burton) and HB 825 (Koster) revise the timeframe within which an excavator is required to provide information through the free-access notification system established by Sunshine State One-Call Florida, Inc., before beginning certain excavation or demolition activities. In addition, the bills revise the timeframes during which member operators who receive such notifications are required to mark the horizontal route of an underground facility and provide a positive response to the system. (O’Hara) ... SB 708 (Burton) and HB 825 (Koster) revise the timeframe within which an excavator is required to provide information through the free-access notification system established by Sunshine State One-Call Florida, Inc., before beginning certain excavation or demolition activities. In addition, the bills revise the timeframes during which member operators who receive such notifications are required to mark the horizontal route of an underground facility and provide a positive response to the system. (O’Hara) Water Safety (Oppose) Agenda Item #7.D. 14 Feb 2024 Page 95 of 165 2/9/24, 2:09 PM Legislative Bill Summaries about:blank 54/54 SB 1538 (Torres) requires state parks to have a certified lifeguard at designated swimming areas within state parks. In addition, the bill requires “police vehicles” to be equipped with a rescue buoy for a water safety incident and requires the staffing for each shift at a fire department to include at least one firefighter who is certified in rescue diving and who is not a captain or battalion chief. (O’Hara) ... SB 1538 (Torres) requires state parks to have a certified lifeguard at designated swimming areas within state parks. In addition, the bill requires “police vehicles” to be equipped with a rescue buoy for a water safety incident and requires the staffing for each shift at a fire department to include at least one firefighter who is certified in rescue diving and who is not a captain or battalion chief. (O’Hara) Wind Energy Facility Siting (Monitor) HB 1493 (Altman) and SB 1718 (Collins) prohibit the construction, operation or expansion of wind energy facilities and offshore wind energy facilities in the state. (O’Hara) ... HB 1493 (Altman) and SB 1718 (Collins) prohibit the construction, operation or expansion of wind energy facilities and offshore wind energy facilities in the state. (O’Hara) Other Bills of Interest SB 192 (Garcia, I.) – Anchoring of Vessels in Anchoring Limitation Areas (Biscayne Bay) ... SB 192 (Garcia, I.) – Anchoring of Vessels in Anchoring Limitation Areas (Biscayne Bay) SB 452 (Burton) and HB 451 (Bell) – Land Acquisition Trust Fund (Heartland Headwaters) HB 437 (Porras) – Anchoring Limitation Areas (Biscayne Bay) SB 484 (Bradley) and HB 1049 (Hunchofsky) – Flood Disclosure in the Sale of Real Property SB 566 (Rodriguez) – Land Acquisition Trust Fund (Florida Keys) HB 815 (Smith) and SB 998 (Collins) – Liquified Petroleum Gas HB 1075 (Truenow) and SB 1772 (Collins) – Soil and Water Conservation Districts SB 1136 (Trumbull) and HB 1163 (McClain) – Regulation of Water Resources/Water Well Contractors SB 1210 (Martin) – Estero Bay Aquatic Preserve HB 1119 (Antone) and SB 38 (Stewart) – Flood Zone Disclosures for Dwelling Units HB 1311 (LaMarca) and SB 1754 (Pizzo) – Office of the Blue Economy SB 1756 (Pizzo) – Blue Economy Evaluation HB 1565 (Grant) and SB 1360 (Gruters) – Florida Red Tide Mitigation and Technology Development Initiative HB 1411 (Cross) – Shore Protection Articles in this section: 50 Agenda Item #7.D. 14 Feb 2024 Page 96 of 165 Agenda Item #9.B. 14 Feb 2024 Page 97 of 165 Page 98 of 165 Atlantic Beach Mature Tree Inventory Contest an AB New Year’s Canopy Protection Resolution January 19 – February 29, 2024 Ages 5 – 100+ THANK YOU for helping your city better understand how many mature trees we have in our canopy. Complete any of the following steps and fill out the form on the webpage listed below to be considered for an AB New Year’s Canopy Protection Resolution prize. Recognition (non-monetary) prizes will be given to the person who submits the largest tree submitted, to the person who submits the most mature trees, and to the person who motivates the most family, friends and neighbors to participate in contest. If you have questions, please reach out to greenAB@coab.us or 904-535-0055 STEP 1: IDENTIFY YOUR MATURE TREE. It can be in your yard, neighborhood, or an AB park. • Take a picture of your tree (or its leaves and/or nuts) with your phone and save it to the photo album. • Click on the tree photo within the photo album. • Click the info icon or scroll down and search with Google Lens (https://lens.google) or other tree identification app such as Leafsnap, vTree, PlantNet Plant Identification, iNaturalist, PictureThis, PlantSnap • Write down the common and scientific names of tree (Example: Pignut Hickory is the common name, and its scientific name is Carya glabra) STEP 2: DESCRIBE YOUR TREE’S LOCATION. • Stand next to your tree • Go to Google/Apple maps • Touch and hold the dot/pin that marks your location. • Click on Dropped Pin • Copy or write down the latitude and longitude coordinates (Example: 30.33200° N, 81.401° W) Agenda Item #9.B. 14 Feb 2024 Page 99 of 165 STEP 3: MEASURE YOUR TREE. • Measure 54 inches or 4.5 feet up from ground level. • Place a measuring tape or a piece of string at that level and wrap it around the trunk to measure the circumference. • Note down the total inches of circumference (Example: Our Live Oak has a circumference of 41 inches) STEP 4: DETERMINE THE AGE OF YOUR TREE. • Calculate the diameter of the tree trunk by dividing the circumference by 3.14 (pi). (Example: A 41” Live Oak ÷ 3.14 = 13.05” diameter) • Find the growth factor for the species here: https://www.omnicalculator.com/biology/tree-age. If your tree type is not listed, use closest type. • Multiply the diameter by the growth factor. (Example: A Live Oak with a 13.05” diameter multiplied by a growth factor of 5 = 65.25 years old! STEP 5: SHARE YOUR TREE DATA. • Go to this form: http://tiny.cc/ABMatureTree • Complete the following fields: o Your name, email, phone and address o Tree’s common and scientific names o Tree’s coordinates o Tree’s circumference o Age of tree • You will receive automatic confirmation that your form(s) has been received and will be notified soon after 2/29/24 if you won a prize. Good luck! Agenda Item #9.B. 14 Feb 2024 Page 100 of 165 ESC 2023 Self-Evaluation & Continual Improvement Survey Agenda Item #9.C.14 Feb 2024Page 101 of 165 ESC fulfilled its overall purpose and charge in 2023 ESC fulfilled its charge towards maritime forest ESC fulfilled its charge towards parks and open spaces ESC fulfilled its charge towards beautific ation ESC fulfilled its charge towards environme ntal leadership ESC’s meeting agendas clearly reflect its purpose and priorities ESC has insured that it has a one- year workplan for the upcoming yea ESC provided recommend ations to Commissio n and staff on how to achieve goals and priorities ESC accomplishmen ts and challenges were communicated to Commission, staff, residents, and stakeholders.Agenda Item #9.C.14 Feb 2024Page 102 of 165 Agenda Item #9.C.14 Feb 2024Page 103 of 165 Please list what you think ESC’s accomplishments were in 2023 •Strengthen C23, host public events (S&S series, Arbor Day, Earth Day, etc) •Ensured compliance with tree ordinance •Speaker & Salon series and its ripple effects •We made progress on or completed everything on our priorities list. •Some successful new programs were launched: free tree plantings, tree trimmer verification program, salon series, Earth Day, newsletter. We have indications that the commission will agree to free tree plantings in backyards. For the first time, the ESC has a budget! Our policies and processes are improving and becoming codified. •Progress in implementation of S&R objectives, improved organizational effectiveness, increase of community environmental awareness •Providing a steady and consistent voice for many of the major issues within our remit. Moving the agenda forward and advocating with Commission, city, staff, and perhaps less so with our neighbors •Better community engagement through the speaker series and mailers. More recognition and transparency regarding tree removal ordinances and process. Earth day event was wonderful. Creating foundation for priorities for coming year.Agenda Item #9.C.14 Feb 2024Page 104 of 165 Please list ESC potential areas of improvement or where it can continually improve •Community outreach/community awareness of ESC and efforts. Recruitment for members. •More educational outreach. Strengthen social media presence. •More beautification •More efficient and content rich meetings •Stay focused on stated priorities and be creative about how to accomplish goals. •I think we need to "do less, but better." There so many things that we should/could be doing that it is overwhelming. While we do have plans I don't think it is realistic that we will accomplish everything. Perhaps having one significant, achievable goal per area of the ESC's charge -- along with completing items with budgetary implications -- would be the way to go. Also, I think we should focus more on policy -- making recommendations to the commission -- and continually and systematically be communicating our concerns and priorities to the commission. •Individual member participation/engagement •We could be much more rigorous about assigning metrics to our objectives, assigning, not just people, but also time frames to each task that we agree on. Finally, I think the largest done piece of work for us is to create a more active and relevant outreach for the community to engage them more actively Agenda Item #9.C.14 Feb 2024Page 105 of 165 ESC members are aware of their role and what is expected of them so that we are able to get through all necessary ESC business. ESC members come to meetings prepared Written reports/s ubcommi ttee minutes to the ESC are received in advance of our meetings All ESC member s participa te in importan t ESC discussi ons ESC does a good job encour aging and dealing with differen t points of view All ESC members support the decisions we make. Each ESC member has taken responsi bility for recruitin g new board member s ESC has planned and led the orientatio n process for new board members ESC has a plan for member onboardi ng, educatio n and further leadersh ip develop ment ESC meetings are always interestin g ESC meeting s are frequen tly fun.Agenda Item #9.C.14 Feb 2024Page 106 of 165 Agenda Item #9.C.14 Feb 2024Page 107 of 165 .] My performance as an individual ESC member [.] My performance as an individual ESC member [I stay informed about issues relevant to our mission and bring information to the attention of the ESC.] I am aware of what is expected of me as a ESC member I have a good record of meeting attendance I read the minutes, reports and other materials IN ADVANCE of our ESC meetings I am familiar with what is in the ESC’s ordinance, its purpose and charge I frequently encourage other ESC members to express their opinions at meetings I am encouraged by other ESC members to express my opinions at meetings I am a good listener at meetings When I have a different opinion than the majority, I raise it. I support ESC decisions once they are made even if I do not agree with them I promote the work of ESC in the communit y whenever I have a chance to do so I follow through on things I have said I would do I stay informed about issues relevant to our mission and bring informatio n to the attention of the ESC Agenda Item #9.C.14 Feb 2024Page 108 of 165 Agenda Item #9.C.14 Feb 2024Page 109 of 165 Agenda Item #9.C.14 Feb 2024Page 110 of 165 Please share any lessons you learned during 2023 while serving on the ESC •The surprisingly resilient power of entrenched economics and politics •There is a lot more to this committee and what is being undertaken. •Our priorities setting process has been effective. Delegation is important to avoid burn-out. Dealing directly, 1-on-1 with staff helps move things along quicker. •I am learning of other people/groups in our community with similar interests and priorities and finding ways to connect (i.e. Beaches Home Tour). I learned how awful artificial turf grass is!Agenda Item #9.C.14 Feb 2024Page 111 of 165 Feedback to the Chair of the ESC 1.ESC has discussed the role and responsibilities of the Chair and Vice Chair clearly. 2.Chair is well prepared for meetings. 3.Chair helps the ESC to stick to the agenda 4.Chair ensures that every ESC member has an opportunity to be heard. 5.Chair is skilled at managing different points of view. 6.Chair can be tough on us as a group when we get out-of-line. 7.Chair knows how to be direct with an individual ESC member when their behavior needs to change 8.Chair helps the ESC work well together. 9.Chair demonstrates good listening and communication skills. 10.ESC supports the Chair. 11.Chair is effective in delegating responsibility amongst ESC members.Agenda Item #9.C.14 Feb 2024Page 112 of 165 Agenda Item #9.C.14 Feb 2024Page 113 of 165 Please list accolades and areas of improvement for the Chair •Mark is very diligent and full of passion to help the ESC and its mission. He attends a ton of meetings to promote ESC and improve communications. •I've enjoyed working with Mark and have given him my input on how to improve the meetings. I still believe that he could be better at guiding the discussions, allowing everyone to speak (as in a round-robin), and not allowing interruptions. •Has worked to codify policies and procedures. He has excellent attendance, including attending all the subcommittee meetings. He has formed relationships with staff and commissioners, and has tried to create connections with other CoAB committees. He works independently on items like the chemical management plan. •Marc has brought a balanced perspective of the many priorities. He manages meetings reasonably well (it would be nice to end on time) and is always well prepared. •Well organized. Present in many meetings and events outside of ESC. •Mark works hard and is conscientious.Agenda Item #9.C.14 Feb 2024Page 114 of 165 Please list accolades/gratitude and/or areas of improvement for other fellow ESC members  •I appreciate Anastasia taking over the OSC Chair--she is a great inspiration to others and her knowledge of social media is sorely needed. I hope she can attend more meetings. Danielle is great at tempering a discussion and clarifying the real issues. He's an excellent spokesperson and I'm sorry I didn't get to work directly with him very much. Bruce lends historical knowledge, and sometimes a different, not-so-popular perspective, to the group. I admire how he got Selva Preserve done. He could listen more, and expand his interests beyond just trees. Amy brings new ideas from the community. I think she could be a valuable subcommittee member as long as she has time to contribute. I'm glad to see Patrick, Romy and Heather taking on more responsibility and adding energy to the subcommittees. Having Sarah as Vice-chair has been an improvement. We've gotten much more done since she joined and her connections have been invaluable. I've had to push back on some of her more aggressive workloads and timelines, so that role will be needed in the future. •Linda Chipperfield -- her tree trimmer verification program, among other word products. Anastasia did a great job on Earth Day. Sarah devoted so much time and energy in 2023 to numerous initiatives and provided leadership as vice chair. It is such a pleasure to work with each and every member. Such a good group of civic and environmentally-minded volunteers. Thank you all! •What a great bunch! To have so many dedicated individuals. I would also single out for special mention the consistently excellent efforts and contributions of Sarah Boren. Her level of knowledge, preparedness, and tangible commitment are extraordinary. She would be a notable asset on any committee in practically any city. We are quite fortunate to have her •Sarah's lead of the LEED has been critical to our success over the last 12 months and the trajectory moving forward. Patrick's effort with the Monarch Pledge is greatly appreciated. Anastasia's Earth Day event was a huge success. •Sarah goes above and beyond. •Thank you to Sarah for her leadership and always being prepared and prioritizing ESC to keep us on track and moving forward. I appreciate all our members’ contributions and think we accomplished a lot given the scope of volunteerism hours available from each member Agenda Item #9.C.14 Feb 2024Page 115 of 165 How can we improve ESC’s priority setting process?  What did you like about this year’s process and what do you believe can be improved?   •I'm glad we streamlined it. It would help to refer back to the list more often during the year. I've tried to keep track of how our activities meet the priorities by including reference to them in the OSC agendas and minutes. •Broaden focus •It takes leadership and also preliminary effort from the entire committee. Sarah provided both the leadership and the impetus for all of us in order for that work to happen. •More individualized effort outside of meetings. I myself am holding myself better accountable for this in the coming year. •Focus on priorities and outcomes that are obtainable - often we get too in the weeds on subjects and what is often a simple idea or exercise becomes exhaustive, thus losing the interest and momentum of members / community. •Continues to be tedious •Already doing it. •I would be interested to see it digitized as a web-based document that could be completed and discussed in real time - the live discussion is helpful to clarify different points and strategies but I don’t love the dot exercise portion as truly getting to the heart of our priorities •Repeating my response from above question: Please list ESC potential areas of improvement or where it can continually improve. I think we need to "do less, but better." There so many things that we should/could be doing that it is overwhelming. While we do have plans I don't think it is realistic that we will accomplish everything. Perhaps having one significant, achievable goal per area of the ESC's charge -- along with completing items with budgetary implications -- would be the way to go. Also, I think we should focus more on policy -- making recommendations to the commission -- and continually and systematically be communicating our concerns and priorities to the commission. •I liked the presurvey that we did this year. It seemed to streamline the process.Agenda Item #9.C.14 Feb 2024Page 116 of 165 Please share any additional ideas, suggestions, concerns and more regarding ESC performance or whatever is on your mind.  •Don't worry too much about what the public says about what the ESC has or has not accomplished. Keep pushing forward on our goals and priorities and most people will be happy with what gets done. Promote our successes frequently to fight the nay-sayers. •My participation this year was challenged by an inordinate amount of additional personal and professional commitments. I hope that I can do better in 2024 and I have some goals for myself to achieve as an ESC member. It is an honor to serve on this group. I believe so strongly in the mission. •More info, calendars, work flow, forms etc can be digitized and housed online for better/ease of access Agenda Item #9.C.14 Feb 2024Page 117 of 165 Agenda Item #9.C.14 Feb 2024Page 118 of 165 Agenda Item #9.C.14 Feb 2024Page 119 of 165 Agenda Item #9.C.14 Feb 2024Page 120 of 165 Agenda Item #9.C.14 Feb 2024Page 121 of 165 Agenda Item #9.C.14 Feb 2024Page 122 of 165 Agenda Item #9.C.14 Feb 2024Page 123 of 165 Agenda Item #9.C.14 Feb 2024Page 124 of 165 Agenda Item #9.C.14 Feb 2024Page 125 of 165 Agenda Item #9.C.14 Feb 2024Page 126 of 165 Agenda Item #9.C.14 Feb 2024Page 127 of 165 Agenda Item #9.C.14 Feb 2024Page 128 of 165 Agenda Item #9.C.14 Feb 2024Page 129 of 165 Agenda Item #9.C.14 Feb 2024Page 130 of 165 DRAFT City of Atlantic Beach (COAB) Volunteer Opportunities (Community Service Hours available!) Last Update: 2/9/24 COAB Environmental Stewardship Committee (ESC) Type of Opportunity Number of Volunteer Hours Available Sign-up/Contact Information Notes EVENT OPPORTUNITIES (short timeframe; one and done dynamic) 1st Th each month starting 2/1/24 and on -- AB Environmental Stewardship Monthly How-To Series ~3 hours a month on 1st Thursday each month 5:30- 8:30pm Email Sarah Boren sborencoab@gmail.com your interest in volunteering Help set up and break down, listen to speaker, take notes; present opening slides if you are interested Benefits: learn about a different topic each month (e.g., how to build a butterfly garden); leadership skill building; public speaking skill building in a safe environment; presentation skill building 2/24 Weed Wrangle (Flyer)~3 hours Email Gretchen Deters-Murray at gretchends@bellsouth.net to be added to the volunteer list Remove invasive species from Howell Park Benefits: Get out in nature; learn about three types of invasive species; meet people; organizational and leadership skill building; feel good experience 3/9/24 Bike Tour of AB Parks ~3 hours Email Kevin Hogencamp – khogencamp@coab.us (and copy Sarah Boren – sborencoab@gmail.com) with your interest in volunteering Help organizers set up and herd bikers between parks; need a bike Benefits: Spring Break (specific date TBD) Brazilian Pepper Invasive Tree Removal ~3 hours Email Valerie Jones with your interest in volunteering – vjones@coab.us and copy Sarah Boren – sborencoab@gmail.com) Help City of Atlantic Beach staff and ESC remove invasive species 4/21/24 Earth Day Festival at AB Farmer’s Market Up to 6 hours; shifts available Email Anatasia Houston with your interest in volunteering -- anastasiahouston13@gmail.com and copy Sarah Boren – sborencoab@gmail.com) Help staff ESC’s booth and help kids do crafts, take the recycling quiz, and encourage people to sign up for Adopt- A-Tree; no experience/knowledge necessary Fall sometime (specific date TBD – Household Hazardous Waste Drop-Off Up to 6 hours; shifts available Email Sarah Boren sborencoab@gmail.com your interest in volunteering Help herd cars and making sure people are placing their items in the correct places; no experience/knowledge Agenda Item #9.D.14 Feb 2024Page 131 of 165 Event necessary 12/5/24 ESC Annual Awards ~ 5 hours Email Sarah Boren sborencoab@gmail.com your interest in volunteering Help set up and break down event; be a runner for last minute items; be a part of the program (e.g., potentially passing out awards, taking photos, helping with food/drink) Benefits: Fun event; presentation and team building skills Type of Opportunity Number of Volunteer Hours Available or Per Month Sign-up/Contact Information Notes EDUCATION & OUTREACH OPPORTUNITIES AB Environmental Stewardship Corps 1 hour/month Email Sarah Boren sborencoab@gmail.com your interest in volunteering Do you enjoy communicating with people? Then this opportunity may be right for you! In the AB Sustainability & Resilience Community Action Plan there is a 2050 goal of achieving 90% engagement with the AB community. To this end, the ESC is proposing an Environmental Stewardship Corps program where individuals can serve as “block/neighborhood diplomatic corps” to communicate ESC efforts, events, needs as well as listen to community needs and wants. The intent is to reach people beyond emails and social media and educate, engage and inspire them about ESC efforts. The volunteer is responsible for getting the word out about ESC efforts on a door-by-door basis via leaving flyers, calling neighbors, sending texts, using social media platform(s)etc. The Corps will be provided all collateral – they will not need to create their own – to get the word out. 1/19/24 – 2/29/24 AB ~10+ hours Email Sarah Boren sborencoab@gmail.com your Help promote the contest and then help Agenda Item #9.D.14 Feb 2024Page 132 of 165 Mature Tree Inventory Contest – promotion and data collation (Flyer) interest in volunteering compile and analyze the data that comes in and discern how AB can use the data effectively to take care of its mature trees Benefits: research, excel, analysis, presentation, public speaking skill building; Video editing ~10+ hours Email Sarah Boren sborencoab@gmail.com your interest in volunteering Combine video recording and powerpoint slides into one video to be posted to City of Atlantic Beach’s YouTube channel. Flexible hours – can do whenever you have free time Benefits: Improve your video editing skills, add to your resume and/or portfolio, name on project on city YouTube channel; helping out a community – feel good experience Social Media Several hours a month Email Heather Markaj Hmarkaj@gmail.com your interest in volunteering and copy Sarah Boren – sborencoab@gmail.com) Help brainstorm and create useful, educational, informative social media posts on a monthly basis; you will have access to Canva Pro Benefits: Regular steady flexible community service hours; work whenever your free; build social media content and editorial skills; learn about environmental topics; graphics skill building; work directly with an ESC member Ongoing Research Several hours a month Email Sarah Boren sborencoab@gmail.com your interest in volunteering Help the COAB ESC what other cities are doing when it comes to tree protection, climate action plans, resilience, and more; help research best practices and potential funding options; no prior experience/knowledge necessary – just a willingness to go down rabbit holes to fine answers Benefits: Regular steady flexible community service hours; work whenever your free; hone your research skills; learn about environmental topics; Agenda Item #9.D.14 Feb 2024Page 133 of 165 work directly with an ESC member Type of Opportunity Number of Volunteer Hours Available Sign-up/Contact Information Notes LEADERSHIP ROLE (ongoing opportunity offering your voice, perspective, energy & passion) Stewards of the Parks 2-3 hours a month Email Sarah Boren sborencoab@gmail.com your interest in volunteering Care about your local park? Then consider signing up to be a part of ESC’s “Friends/Stewards of the Park” program for your park (e.g., Stewards of Johansen Park). Serving as a volunteer Steward will involve walking the park, offering suggestions of how to improve, care for and maintain the park better and in some cases suggest programming, and working with other neighbors. Tree Care & Maintenance Working Group ~1/2 day once a month Email Bruce Andrews bruce.andrews@comcast.net your interest in volunteering Help the COAB care for and maintain AB’s beautiful tree canopy. Benefits: Get outside; learn about the benefits of trees, the care they need, and how to grow a healthy canopy. ESC Chemicals Working Group (e.g., reduce chemicals WG) 2-3 hours a month Email Mark Gabrynowicz mgaby.73@gmail.com your interest in volunteering and copy Sarah Boren – sborencoab@gmail.com) Help the COAB ESC to create a chemical/biocide management plan that reduces the use and need for pesticides, insecticides, fertilizer, etc. that is causing impaired waterways and harm to plants and animals. Benefits: Regular steady community service hours; learn about how to research best plans/ordinances; work with experts; produce something potentially really helpful for local citizens and learn how to get a plan/ordinance adopted AB Environmental Film Series Working Group 2-3 hours a month Email Amy Palmer akcloyd@gmail.com your interest in volunteering and copy Sarah Boren – sborencoab@gmail.com) Help the COAB ESC to create an environmental film series with the goal to educate and foster dialogue about environmental issues. Benefits: Regular steady community Agenda Item #9.D.14 Feb 2024Page 134 of 165 service hours; you will have input on what films will be shown; learn skills on how to promote and host community educational events.Agenda Item #9.D.14 Feb 2024Page 135 of 165 Page 136 of 165 2024 COAB Commission Priorities Dot Exercise Agenda Item #10.A.14 Feb 2024Page 137 of 165 Agenda Item #10.A.14 Feb 2024Page 138 of 165 Agenda Item #10.A.14 Feb 2024Page 139 of 165 Agenda Item #10.A.14 Feb 2024Page 140 of 165 Agenda Item #10.A.14 Feb 2024Page 141 of 165 Agenda Item #10.A.14 Feb 2024Page 142 of 165 Agenda Item #10.A.14 Feb 2024Page 143 of 165 Agenda Item #10.A.14 Feb 2024Page 144 of 165 Agenda Item #10.A.14 Feb 2024Page 145 of 165 Agenda Item #10.A.14 Feb 2024Page 146 of 165 Agenda Item #10.A.14 Feb 2024Page 147 of 165 Agenda Item #10.A.14 Feb 2024Page 148 of 165 Eruslan Progesslon In Samnarsh Loss Atlantic lmracoanal Waterway,Atlantic Beach,FL Agenda Item #10.B. 14 Feb 2024 Page 149 of 165 Page 150 of 165 2024 Commission Priorities– Resiliency and Sustainability Agenda Item #10.B.14 Feb 2024Page 151 of 165 Page 152 of 165 Objective Protection of ICW Coastline,Marshland,Wetlands,Estuaries,Waterways and Homes The City shall preserve and prevent damage and destruction of our precious ICW marshland, wetlands,estuaries,waterways and homes. Policy 1 The City shall provide funding to save the shoreline,marshland,trees,habitat and homes on the ICW,including funding to shore up all 4 parks on the ICW (Dutton Island,Tide Views,Marsh Overlook and River Branch),City easements on the ICW as well as support civilian efforts to shore up their own land. Policy 2 The City shall seek grant funding to assist with implementing efforts to save the shoreline, marshland,trees,habitat and homes on the ICW.The City will contract with a Marine Biologist to assist in searching for applicable grant programs,the development of program ideas,writing of the grant applications,and serve as the lead contact for communications with grantor organizations. Policy 3 Given the diverse and everchanging nature of the ICW marsh coastline,the City will not take a one- size fits all approach to protecting and preserving the shoreline and marshland on the ICW.Home owner requests for assistance in defending against storm surge and erosion will be given a top priority.City officials will work with homeowners to develop suitable plans to protect their land and shorelines,and work hard to approve permits to do so. Policy 4 The City shall cooperate with St.John's River Water Management District,The Army Corps of Engineers,the Florida Department of Environmental Protection,and any and alljurisdictional bodies to obtain permits and move programs forward in an urgent manner that will preserve and protect the ICW marshland,wetlands,estuaries,waterways and homes. Policy 5 Given the already crowded conditions,high potential forflooding and close proximity to the natural resources of the ICW,the City shall not,into perpetuity,allow multifamily residences larger than a quad plex to be developed West of Mayport Road. Agenda Item #10.C. 14 Feb 2024 Page 153 of 165 2030 COMPREHENSIVE PLAN —CONSERVATIONAND COASTAL MANAGEMENT ELEMENT D.Conservation and Coastal Management Element Goals,Objectives and Policies All conservation related activities and the management of coastal resources within the City of Atlantic Beach shall be in accordance with the following Goals,Objectives,and Policies. The coastlines at the ICW and Including the Goal I The City shall protect,enhance and preserve beac --une systems,as well as other coastal resources of environmental value,through proper maintenance and management practices,the avoidance of inappropriate use and development,including publicly-?nanced improvements within the Coastal High Hazard Area,and shall continue an ongoing program of re-vegetation and installation of properly designed public access—ways in areas that are subject to erosion such as the dune system. Objective D.1.1 Coastal High Hazard Area The City shall limit public expenditures that subsidize development within the Coastal High Hazard Area except for the maintenance,restoration,or enhancement of natural resources,and the provision for appropriate public access to and use of natural resources. Policy D.1.1.1 The Stormwater Master Plan,as revised and adopted in 2018,shall be implemented based upon priority of need and in accordance with annual capital improvement planning and budget review and adoption.The plan shall be reviewed and updated by 2028. Policy D.1.1.Z The City shall limit new public construction in the Coastal High Hazard Area to improvements that do not increase residential density and to that which customarily supports recreation and open-space use of the beach and waterway related resources, and which achieves dune stabilization and prevention of erosion through environmentally sound practices. ICW coastline and marshland,objective [)_]__2 Storm and Flood Hazards The City shall continue best —.-merit practices that are intended to reduce damage to and erosion of dune systems and dune vegetatio and estuarine environments Policy D.1.2.1 The City shall rigorously enforce its floodplain management regulations to conform with or exceed the requirements of the Federal Emergency Management Agency. Policy D.1.2.Z The City shall continue to partner in the Duval County Local Mitigation Strategy and participate in the Duval County emergency preparedness operations.The City shall review new Land Development Regulations for consistency with the Local Mitigation Strategy prior to adoption. Objective D.1.3 Protection of Dune Systems and Dune Vegetation The City shall prevent damage and destruction of dunes and dune vegetation. Agenda Item #10.C. 14 Feb 2024 Page 154 of 165 O COMPREHENSIVE PLAN—CONSERVATIONAND COASTAL MANAGEMENT FLLM Policy D.1.3.1 The City shall rigorously enforce coastal construction code,and the Florida BuildingCode as these regulate construction within Coastal Areas. Policy D.1.3.2 The City shall continue best management practices that are intended to reduce damage and erosion of dune systems and dune vegetation,which may result from construction activities and inappropriate pedestrian traffic. Objective D.1.4 Public Beach and Waterways Access The City shall ensure adequate and convenient public access to the beach and other public waterways through maintenance of all public waterway and beach access~ways at the twenty-one street end locations existing as of the adoption date of this Plan. Policy D.1.4.1 The City shall maintain all existing accesses including barrier-free ramps and shall join with other beach communities,the North FloridaTransportation Planning Organization (TPO), the City of Jacksonvilleand others in seeking means of accommodating beach visitors as a preferred alternative to the construction of parking facilities at beach access-ways. Policy D.1.4.2 The City shall maintain all beach parking existing as ofthe date of this Plan,and reduction in the number of public parking spaces available at beach accesses shall not be permitted unless such eliminated spaces are replaced in equal numbers and within similar proximity to the beach. Policy D.1.4.3 The City shall not permit,either through public or private action,public access ways to the beach,the lntracoastal Watenivay,or other waterways,which are open to the public as of the date of adoption of this Plan,to be closed,vacated or restricted from public use in any manner. Policy D.1.4.4 The City has determined that there are no appropriate locations for marinas within the City of Atlantic Beach. Policy D.1.4.5 The City will cooperate and coordinate with the City oflacksonville to provide information as necessary related to any County marina development or applicable plans. Objective D.1.5 Environmental Conditions The City shall limit new development of shoreline sites so as to conform to the objective of reducing environmental degradation,as well as to encourage visual and physical accessibility,open space conservation,wildlife preservation and compatibility between adjacent uses. Policy D.1.5.1 In accordance with Section 163.3202,Florida Statutes,the City shall maintain within its Land Development Regulations establish the following: (a)Percentage of native vegetation to be protected,preserved or replaced within Environmentally Sensitive Areas during and following site development or construction activities. Agenda Item #10.C. 14 Feb 2024 Page 155 of 165 2030 COMPRl':l'lENSlVEPLAN —CONSERVATIONAND COASTN MANAGEMENT EMENT s. (c)Storrnwater retention and detention standards,which maintain rates and amounts equal to conditions existing prior to development. Goal D.2 The City shall maximize,to the extent feasible,provisions and opportunities for the protection of life and property from the effects of hurricanes and other natural disasters. Objective D.2.1 Hurricane Evacuation The City shall maintain a comprehensive hurricane evacuation management plan and shall incorporate into that plan measures deemed necessary to maintain or reduce the City's evacuation clearance times. Policy D.2.1.1 The City shall cooperate with and assist other communities in identifying adequate public upland shelter spaces and shall not approve new development that creates undue burdens on the number of spaces available for threatened populations. Policy D.2.1.2 The City hereby adopts and shall maintain a Level of Service standard of a 12-hour evacuation time for a Category 5 storm for out—of-county hurricane evacuation. Policy D.2.1.3 The City shall not approve Plan amendments that increase residential density within Coastal High Hazard Areas in that such increases to existing densities have the effect of concentrating populations in hazard prone areas and may result in an increase of hurricane evacuation times for the City and the County. Policy D.2.1.4 The City shall coordinate hurricane preparedness activities with other local governments and affected agencies within the region;review its emergency preparedness plan each year;maintain a broad program of activities to increase public awareness;meet the evacuation needs of special populations,and through coordination with other local governments,strive to achieve an evacuation time within the "quick"response time frame for each storm category. Policy D.2.1.5 The City's evacuation plan shall be consistent with the Duval County Hurricane Evacuation Traffic Management Plan as amended and shall maximize efficiencies in traffic movement so as to reduce or maintain evacuation clearance times within the City of Atlantic Beach. Objective D.2.Z Redevelopment within the Coastal High Hazard Area Redevelopment activities within the Coastal High Hazard Area shall be guided by the redevelopment provisions as set forth within the Land Development Regulations,which shall serve the purpose of reducing the vulnerability of people,property and natural resources to damage from coastal storms. Policy D.2.2.1 The City shall coordinate with Duval County in reviewing and revising the City's Hurricane Plan and pertinent portions or regulatory codes as necessary to achieve the following policies. Agenda Item #10.C. 14 Feb 2024 Page 156 of 165 2030 COlV|PRlEHENSlVE PLAN~CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy D.2.Z.2 Implement a temporary moratorium on construction immediately following a hurricane occurrence until damage assessments and redevelopment policies have been determined. Policy D.2.Z.3 Prior to re-entry of the population into evacuated areas,complete all critical cleanup and repair activities required to assure public health and safety. Policy D.2.2.4 Structures that are storm damaged over 50%of their most recent appraised value may be reconstructed only when the entire structure will then conform to all applicable regulations,including all Land Development Regulations,and Florida Buildingand coastal construction codes.Repairs made to structures damaged to a lesser degree shall comply with all applicable Land Development Regulations and Florida Building and coastal construction codes in effect at the time of such work. Policy D.Z.2.5 The City establishes,for regulatory purposes,the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea,Lake and Overland Surges from Hurricane (SLOSH)computerized storm surge model as mapped in the Storm Tide Atlas prepared by the Northeast Florida Regional Council as part of the current Regional Evacuation Study pursuant to Chapter 163,Florida Statutes. Objective 0.2.3 Hazard Mitigation The City shall seek appropriate means of reducing the potential for loss of life and property through provisions within the Land Development Regulations,including implementation of hazard mitigation policies from the LocalMitigation Strategy. Policy D.2.3.1 The City shall maintain provisions within its Land Development Regulations,which require that all new residential development within the Coastal High Hazard Area assess impacts to hurricane evacuation times and shelter provision. Policy D.2.3.2 The City shall not approve Plan amendments,which increase residential density within the Coastal High Hazard Area,or where demands upon existing shelter space shall be increased. Oyster beds Goal D.3 ll protect,preserve and maintain natural environmental resources so as to maintain or enhance ai -A ,water quality,vegetative communities,wildlife habitats and the natural functions of soils,?sheries,etlands and estuarine marshes. Objective D.3.1 The City shall cooperate with adjacent communities in regional air quality management programs so as to provide a high standard of air quality. Agenda Item #10.C. 14 Feb 2024 Page 157 of 165 2030 COMPREHENSWE PLAN —CONSERVATION AND COAST/\l MANAGEMENT ELEMENT Not allow lement policies of the Local Mitigation Strategy appropriate to protect air quality and 5 ..'''.'.'-permitting of projects that may adversely affect air quality. Objective D.3.2 Conservation and Protection of Natural Coastal Resources The City shall maintain or adopt provisions within its Land Development Regulations for private and public development,which conserve and enhance soils,native vegetation,living marine and water resources and wildlife habitats to the maximum extent possible. Policy D.3.2.1 Policy D.3.2.Z Policy D.3.2.3 Policy D.3.Z.4 Policy D.3.2.5 The City shall require applicants for development permits to submit appropriate environmental surveys and reports prior to the issuance of development permits.All applications for development permits and applications to rezone to Planned Unit Development and other zoning related applications shall be required to identify environmental features,including any wetlands,CCCL,natural water bodies,open space, buffers and vegetation preservation areas,a d to sufficiently address any adverse impacts to Environmentally Sensitive Areas. Oyster beds,tree survey, The City shall cooperate with the St.John's River Water Management District (SJRWMD) in implementation of water conservation measures as set forth within the management plans and rules of the SJRWMD and the City's consumptive Use Permit issued by the SJRWMD. The City shall protect potable water well cones of influence and shall maintain maps of such cones of influence and shall continue to implement the we||—field protection regulations,as set forth within the Land Development Regulations so as to prohibit incompatible land uses.Such incompatible uses shall include all industrial uses,but shall also include uses,which have the potential to contaminate or degrade potable water supply wells,wetland functions or natural systems associated with Environmentally Sensitive Areas. The City shall appropriately restrict land use activities,which may threaten water sources from stormwater runoff into recharge areas by maintaining the Stormwater,Drainage, Storage and Treatment Requirements as set forth within the Land Development Regulations.Development permits shall be issued only in accordance with the City's National Pollutant Discharge Elimination Systems (NPDES)permit,in addition to the requirements of the Water Management District and the Florida Department of Environmental Protection.NPDESrequirements shall include use of Best Management Practices (BMPs)prior to discharge into natural or artificial drainage systems.All construction projects of one acre or more shall require a NPDES permit. In accordance with Section 163.3202,Florida Statutes,the City shall establish and maintain within its Land Development Regulations,all necessary requirements and restrictions to ensure that land development,land disturbing activities,and land uses are managed in a manner which protects and conserves the natural functions of soils, fisheries,wildlife habitats,rivers,flood plains,wetlands (including estuarine marshes)and marine habitats including hatchling turtles. Agenda Item #10.C. 14 Feb 2024 Page 158 of 165 203 COMPP.EHl'- Policy D.3.Z.6 Policy D.3.2.7 Policy D.3.Z.8 Policy D.3.2.9 'E PLAN —CONS MFNT MFNT The City shall cooperate with adjacent local governments and regulatory agencies to conserve and protect,as may be appropriate,unique vegetative communities located within the City and within adjacent jurisdictions. The City shall designate Environmentally Sensitive Areas requiring protection as a means of implementing the Comprehensive Plan and shall include in its Land Development Regulations,prepared in accordance with Section 163.3202,Florida Statutes,means of ensuring protection of such lands from degradation. Environmentally Sensitive Areas shall include lands,waters or areas within the City of Atlantic Beach which meet any of the following criteria: (a)Allwetlands,including those determined to bejurisdictional,and which are regulated by the Florida Department of Environmental Protection (FDEP)and the St.Johns River Water Management District (SJRWMD); (b)Estuaries,or estuarine systems; (c)Outstanding Florida Waters and natural water bodies; (d)Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), ' --'-dune areas seaward ofthe Coastal Construction Control Line; »-ation by the Future Land Use Map; (f)as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission,the Florida Department of Agriculture and Consumer Services,and the U.S.Fish &Wildlife Service. The City shall ensure environmentally sound management of hazardous wastes and reduction of potential problems resulting there from,through a multi-faceted program incorporating public information,enforcement of regulations and monitoring of waste handling activities.The following components shall be included within the City's program: (a)Support the enforcement of current State and Federal regulations aimed at prohibiting discharge of wastewater containing hazardous and industrial waste into septic tanks or through stormwater runoff into aquifer recharge areas or surface water bodies. (b)Public education programs encouraging residents and business owners to avoid the dumping of used petroleum products,paint,hazardous materials and pesticides onto the ground or water bodies. (c)City coordination and monitoring of hazardous wastes by collection and transportation entities to ensure safe and responsible handling practices. Agenda Item #10.C. 14 Feb 2024 Page 159 of 165 2030 COMPRHIENSIVEPLAN A CONSERVATION AND COAST/\l MANAGEMENT l'LEl\/lEl\lT Objective D.3.3 Regulatory Authority The City shall continue to cooperate with other permitting and regulatory agencies to improve estuarine environmental quality to achieve the estuarine water quality standards established by FDEP. Policy D.3.3.1 The City shall maintain,and amend as necessary,provisions within its Land Development Regulations to achieve consistency with the rules and regulatory authority of the SJRWMD. What does this mean? '-I The City shall coordinate with other governmental agencies during the review,permitting and development of sites which,if improperly developed,could have adverse impacts upon estuarine water quality and related resources,and through such coordination,the City s a ensure aequate sites wit in t e rainage asin or water-epenent uses; prevent estuarine pollution which could adversely affect another governmental jurisdiction and ensure public access and reduce exposure to flood hazards. Policy D.3.3.3 The City shall coordinate its permitting activities with existing resource protection plans by notifying the administrators of such plans of any pending development activity or public improvement in a timely manner in orderto ensure that such projects and activities can be reviewed and comments returned to the City prior to permitting. Objective D.3.4 Shoreline Development The City shall give priority consideration to shoreline land uses and site development improvements, which meet the following criteria: (a)Prevent adverse environmental effects; lb)Maintain or exceed the standards within this Plan for public access; (c).i Encourage living shore methods to prevent erosion. (cl)Enhance estuarine water quality. Objective D.3.5 Natural Resource Based Recreation and Public Access The City shall provide opportunities for appropriate recreational uses and access to public waterways,the beach and natural areas and shall restrict activities that harm or diminish the public's right to use such publicly owned natural resources. Policy D.3.5.1 The City shall prohibit the closure or abandonment of public right-of»ways or public lands that would restrict access to any public water bodies. Policy D.3.5.2 The City shall enforce the requirements for public access to beach areas as set forth in the Coastal Protection Act of 1985 in all permitting activities and through the course of coastal redevelopment programs. [)8 Agenda Item #10.C. 14 Feb 2024 Page 160 of 165 2030 COMPRF-.l’lFNS|VE PLAN ~CONSERVATION AND COAST/Xi l\/lAl\l/USENIENTELEMENT Policy D.3.5.3 Policy D.3.5.4 Policy D.3.5.5 The City shall prohibit the closure of existing beach and waterway accesses and any presently unopened easements,except in the case of risk to public safety as determined by the City's public safety officials,or in the case of adverse environmental impact. The City shall adopt within its Land Development Regulations provisions to provide for the appropriate recreational use of surface waters within the City that under public control or City ownershi ''''‘and resource protection regul over such resources. The beach,Dutton Island Preserve and Tideviews Preserve are the most significant natural resources within the City,and provision for the public’s use, enjoyment and access to these natural resources shall be a priority of the City through the provision ofactivities and facilities that are appropriate to character and environment of each location. Goal D.4 The City shall promote and encourage energy conservation and efficiency in an effort to reduce greenhouse gas emissions and protect the environment. Objective D.4.1 Energy Ef?ciency and Energy Conservation The City shall encourage the development and use of renewable energy resources in order to conserve and protect the value of land,buildings,and resources,and to promote the good health of the City's residents. Policy D.4.1.1 Policy D.4.1.2 Policy D.4.1.3 Policy D.4.1.4 The City shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. The City shall continue to encourage and develop the "wa|k-ability and bike-ability”of the City as a means to promote the physical health of the City's residents,access to recreational and natural resources,and as a means to reduce greenhouse gas emissions. No action of the City shall prohibit or have the effect of prohibiting solar collectors,or other energy devices based on renewable resources from being installed on a building and as further set forth within Section 163.04,Florida Statutes. The City shall continue to promote and enforce energy efficient design and construction standards as these become adopted as part of the Florida Building Code.The City shall also promote commercial and residential standards that are promulgated from time to time by the Florida Green Building Coalition,Inc. Objective D.4.2 The City shall improve energy conservation and efficiency in City buildings,facilities and equipment. Agenda Item #10.C. 14 Feb 2024 Page 161 of 165 .7030 COMPR[ll[NS|\/E PLAN -CONSERVATIONAl ASTAL l\«l}\N/\GE T ELEMFl\|T Policy D.4.2.1 The City shall develop and implement an energy management plan to minimize electric, fuel and water resources in City buildings,fleet vehicles and on public properties. Policy D.4.Z.Z The City shall conduct periodic energy audits of public buildings and facilities to identify methods to reduce energy consumption and improve energy efficiency. Policy D.4.2.3 Publicbuildings and facilities shall be constructed,and adapted where reasonably feasible to incorporate energy efficient designs and appropriate "green"building standards. Green building standards that should be observed are contained in the Green Commercial Building Designation Standard,Version 2.0,published by the Florida Green Building Coalition,Inc. Policy D.4.2.4 The City shall continue to replace |ight—dutyvehicles in need of replacement with hybrids, alternative fuel vehicles,or the most fuel-efficient and least-polluting vehicles available for speci?c functions whenever cost and reliability are similar to traditional vehicles. Goal D.5 The City shall ensure the development and redevelopment of property requires principles,strategies, and engineering solutions that reduce flood risks which result from high-tide events,storm surge,flash floods,stormwater runoff,and the related impacts of sea-level rise. Objective D.5.1 Development and Redevelopment The City shall implement development and redevelopment principles,strategies and engineering solutions to reduce or eliminate flood risk. Policy D.5.1.1 The City shall protect and restore floodplain areas when possible through land acquisition or conservation easement acquisition;regulation,including setbacks,buffer zones, designated wildlife corridors,low density zoning,performance standards and open space requirements. Policy D.5.1.2 The City shall designate a Floodplain Administrator whom,when possible will be Certified Floodplain Manager,to enforce the provisions of Chapter 8 of the Code of Ordinances and other applicable regulations. Policy D.5.1.3 No development or redevelopment,including but not limited to site improvements,and land disturbing activity involving fill or regrading,shall be authorized in the regulatory floodway,as amended from time to time by the Federal Emergency Management Agency (FEMA)to accommodate for changing external conditions,unless the floodway encroachment analysis required in the Floodplain Management Ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Policy D.5.1.4 Development or redevelopment within flood hazard areas shall be constructed with a minimum finished floor elevation of eight and one-half (8.5)feet above mean sea level or Agenda Item #10.C. 14 Feb 2024 Page 162 of 165 2030 COMPREHENSIVE PLAN A CONSERVATIONAND COAST/XI MANAGEMENT ELEMENT with two and one-half (2.5)feet freeboard,whichever is greater,in order to reduce flood losses. Policy D.5.1.5 The City shall manage its planning,regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA)by prohibiting utility expansions that would allow greater populations in the CHHA and increasing utility availability outside of the CHHAto encourage development in those areas. Policy D.5.1.6 The City shall continue to upgrade its stormwater infrastructure through drainage improvements,while utilizing sustainable flood management actions such as the installation of bioswales,the use of pervious pavement and the maintenance of natural preserve areas. Policy D.5.1.7 The City shall continue to work with the State of Florida Division of Emergency Management (DEM),the Federal Emergency Management Agency (FEMA)and the National Flood Insurance Program (NFIP)to mitigate flooding hazards through the acquisition,elevation or relocation mitigation alternatives by utilizing such programs as the Flood Mitigation Assistance Program (FMAP),Repetitive FloodClaims (RFC). Objective o.5.2 Flood Regulations The City shall continue to require development and redevelopment to abide by the requirements of the Florida Building Code and State Statutes in encourage the development and use of renewable energy resources in regards to flooding. Policy D.5.Z.1 The City shall continue to require development and redevelopment be consistent with the flood resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R part 60. Policy D.5.Z.2 The City shall continue to require development and redevelopment seaward of the Coastal Construction Control Line (CCCL)established pursuant to F.S 161.053 be consistent with Chapter 161 of the Florida Statutes. Objective D.5.3 National Flood Insurance Program The City shall continue to implement ways to reduce flood insurance premiums for their residents. Policy D.5.3.1 The City shall meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federally Regulations,Section 59.22 in order to reduce flood losses and achieve flood insurance premium discounts for residents. Policy D.5.3.2 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS)administered by the Federal Emergency Management Agency to reduce flood losses and achieve flood insurance premium discounts for their residents. Agenda Item #10.C. 14 Feb 2024 Page 163 of 165 Page 164 of 165 Motion for 4/21/24 Tree Giveaway Based on the 100% placement and success of ESC’s 2024 Arbor Day 100 Tree Giveaway and goal to plant 150 trees, the following motion is being proposed for another tree giveaway on April 21, 2024 at ESC’s Earth Day Festival: “ESC would like to spend up to $2,500 for a tree giveaway on April 21, 2024 at ESC’s Earth Day Festival at the regular Sunday Farmer’s Market.” Staff will work on sourcing more than one type of tree to offer variety if possible. Agenda Item #10.E. 14 Feb 2024 Page 165 of 165