01-13-20 Regular Commission Meeting Speaker forms/HandoutsWELCOME 0
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that the democratic process
deserves. This allows for better public input and supports making the best decisions for the citizens who we are here
to serve. We ask that everyone in the meeting practice the following principles of Respect for each other.
RESPECT
Refrain from putdowns, criticism and personal attacks.
Encourage others to state their views.
Support each other, even if you don't agree.
Practice active listening.
Express yourself assertively, not aggressively, not submissively.
Collaborate, do not compete or collude.
Trust each other, unless and until such trust is violated.
SPEAKER REQUEST FORM
Date: 1(/ /'-' _CD D Name: >o Ni C) I'cSo frt/
Please Note: Florida has a very broad Public Records Law. Most written and recorded
communications to or from State and Local Officials and agencies regarding State or Local business
are public records available to the public and media upon request.
PROVIDING YOUR CONTACT INFORMATION BELOW IS OPTIONAL:
Address: ace) I 1>i 1.S L I City:
v`1_. 4.31 --
Phone No.: G OC. s (c.: E-mail: ON,a is 1 ,,,,, \4s, c n,N a', \ , ccs^^
PLE E CHECK ALL THAT APPLY: (OPTIONAL)
Atlantic Beach Resident 0 Atlantic Beach Property Owner 0 Atlantic Beach Business Owner
PLEASE COMPLETE AND CHECK ALL THAT APPLY:
wish during YishtodresstheCommissionCourtes of the Floor on:
Agenda Item No. PE S pJ o o - 0 S-
and/orand/or
o Topic not on the agenda:
o I wish to address the Commission during the Public Hearing for Agenda Item No.
o I am in support of the above agenda item. o I am opposed to the above agenda item.
o I do not wish to address the Commission, but I am in support of agenda item
o I do not wish to address the Commission, but I am opposed to agenda item
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that the democratic process
deserves. This allows for better public input and supports making the best decisions for the citizens who we are here
to serve. We ask that everyone in the meeting practice the following principles of Respect for each other.
RESPECT
Refrain from putdowns, criticism and personal attacks.
Encourage others to state their views.
Support each other, even if you don't agree.
Practice active listening.
Express yourself assertively, not aggressively, not submissively.
Collaborate, do not compete or collude.
Trust each other, unless and until such trust is violated.
SPEAKER REQUEST FORM
Date: J ) Name: J a 1/1 Aia L
Please Note: Florida has a very broad Public Records Law. Most written and recorded
communications to or from State and Local Officials and agencies regarding State or Local business
are public records available to the public and media upon request.
PROVIDING YOUR CONTACT INFORMATION BELOW IS OPTIONAL:
Address: 3 10' S'. t,„d
City: N 6
Phone No.: E-mail:
PLEASE CHECK ALL THAT APPLY: (OPTIONAL)
Atlantic Beach Resident 0 Atlantic Beach Property Owner 0 Atlantic Beach Business Owner
PLEASE COMPLETE AND CHECK ALL THAT APPLY:
I wish to address the Commission during Courtesy of the Floor on:
o Agenda Item No. r
and/or
o Topic not on the agenda:
o I wish to address the Commission during the Public Hearing for Agenda Item No.
1k I am in support of the above agenda item. I am opposed to the above agenda item.
o I do not wish to address the Commission, but I am in support of agenda item
o I do not wish to address the Commission, but I am opposed to agenda item
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that the democratic process
deserves. This allows for better public input and supports making the best decisions for the citizens who we are here
to serve. We ask that everyone in the meeting practice the following principles of Respect for each other.
RESPECT
Refrain from putdowns, criticism and personal attacks.
Encourage others to state their views.
Support each other, even if you don't agree.
Practice active listening.
Express yourself assertively, not aggressively, not submissively.
Collaborate, do not compete or collude.
Trust each other, unless and until such trust is violated.
SPEAKER REQUEST FORM
Date: 1/f3/z . Name: ' 90/1/
Please Note: Florida has a very broad Public Records Law. Most written and recorded
communications to or from State and Local Officials and agencies regarding State or Local business
are public records available to the public and media upon request.
PROVIDING YOUR CONTACT INFORMATION BELOW IS OPTIONAL:
Address: City:
Phone No.: E-mail: rvi,o
PLEASE CHECK ALL THAT APPLY: (OPTIONAL)
1.J Atlantic Beach Resident D Atlantic Beach Property Owner 0 Atlantic Beach Business Owner
PLEASE COMPLETE AND CHECK ALL THAT APPLY:
I wish to address the Commission during Courtesy of the Floor on:
o Agenda Item No.
and/or
o Topic not on the agenda:
o I wish to address the Commission during the Public Hearing for Agenda Item No.
o I am in support of the above agenda item. o I am opposed to the above agenda item.
I do not wish to address the Commission, but I am in support of agenda item
o I do not wish to address the Commission, but I am opposed to agenda item
1/13/21 -- 44ard5f
RESOLUTION NO. 02-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
NAMING A PAVILION ON DUTTON ISLAND PRESERVE THE
LYMAN T. FLETCHER PAVILION.
WHEREAS, on March 15, 1994, Lyman Fletcher agreed to meet with Walter
E. Dutton, owner of Dutton Island, for the purpose of looking into the possibility of
acquiring Dutton Island for the City of Atlantic Beach; and
WHEREAS, for the next four years Lyman Fletcher worked tirelessly with
Mr. Dutton and others regarding the acquisition of the island property; and
WHEREAS, the acquisition of Dutton Island became a reality with the closing
of the sale on March 27, 1998, with funding provided by the City of Jacksonville,
Florida Inland Navigation District, and the Florida Communities Trust;and
WHEREAS, Atlantic Beach's portion of the purchase price was paid from
Florida Barge Canal funds and no Atlantic Beach tax money was used for the
purchase; and
WHEREAS,the island has now been developed into a beautiful park known as
Dutton Island Preserve,with trails, a floating dock for launching canoes, a fishing pier,
and pavilion, and was officially opened on Saturday, October 26,2002;and
WHEREAS, the Atlantic Beach City Commission wishes to recognize the
vision and tireless efforts of Lyman Fletcher in acquiring this valuable property.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of Atlantic
Beach that the pavilion on Dutton Island Preserve be named The Lyman T. Fletcher
Pavilion that all may know of his valuable contribution in acquiring and preserving
this island for the enjoyment of Atlantic Beach residents for generations to come.
Adopted by the City Co ' sio n of Atlantic Beach, Florida, this
11th day of
November 2002.
1111
OVI S. ESERVE
Ma o• 'resid• g Officer
ichar' .Beaver,Mayor Pro Tern Louis M.(Mike)Borno, om ssioner
12act..-€1.1416:24/6/.4.1144.--
fi/
11111A*
Paul B.Parsons,Commissioner Dezmo•:d Waters,III, Commissioner
I/I3/zo 1J1
0\.ELLILS
2020 Legislative Preview
January 7, 2020
Janet Bowman, The Nature Conservancy in Florida
Gary Hunter, Hopping Green & Sams, P.A.
Session Overview—Key Players
Florida Senate:
Bill Galvano, Senate President (Sarasota, FL)
Wilton Simpson, President in Waiting (Spring Hill, FL)
Florida House:
Jose Oliva, House Speaker (Hialeah, FL)
Chris Sprowls, Rules Chair (next Speaker) (Clearwater, FL)
Session Overview-Bill Statistics
Senate
General Bills Filed: 669
fi
House
General Bills Filed: 543
Florida Cabinet
Governor: Ron DeSantis (R)
Attorney General: Ashley Moody(R)
Chief Financial Officer: Jimmy Patronis (R)
Agriculture Commissioner Nikki Fried (D)
Governor's Budget Proposal
625 million in recurring funding for Everglades restoration and the
protection of water resources. The breakdown of this figure includes:
322 million for Everglades restoration projects
150 million for water quality improvement program providing up to
50% matching grants to local government
50 million for springs restoration
22 million to address the harmful effects of algal blooms and red
tide.
Governor's Budget Proposal cont.
50 million in beach renourishment
9 million in coral reef protection funding
100 million for the Florida Forever Program
54 million in new funding for state parks
5.5 million for coastal resilience grants to local government
10.8 million for increased water quality monitoring and to support
the Blue Green Algae Task Force
4
Land Use/Growth Legislation
L
i
is .j',5.d.1:C..i.::.2 ssat+,x,e1'.._ :r r;era_.,w_:i'. ,.',.' . .1,.C,:c,.
HB 3 by Grant, M., SB 1336 by Perry-
Preemption of Local Occupational Licensing
Prohibits local governments from imposing additional licensing
requirements for certain job scopes unless specified conditions are met.
Job scopes include, but are not limited to, painting,flooring,cabinetry, interior°
remodeling,stone/tile/marble/granite installation,stuccoing, plastering.
Local governments are authorized to issue journeyman licenses in the
plumbing, pipe fitting, mechanical, HVAC, electrical, and alarm system
trades.
Registration fee for reciprocity may not exceed $25.
If a journeyman already holds a journeyman license and meets certain
criteria, he or she may work as a journeyman in any Florida county or
municipality without taking another examination or paying an additional
license fee.
1f
HB 7 by Fine, SB 1340 by Gruters—Legal
Notices
Provides for the publication of legal notices on certain publicly accessible websites
including posting the legal notice on the front door of the courthouse,in a newspaper in
a neighboring county, and one other location) if a court directs advertisement of notice
in a county where there is no newspaper.
if a governmental agency publishes a legal notice in a newspaper, each legal notice must
also be published on the newspaper's website on the same day it was published in print
Authorizes the clerk of the court in each county to establish a court docket fund for the
purpose of paying the cost of publication.
Funded by$1 mandatory court costs for all civil actions filed in the circuit court of each county.
Notice of sale must be published on a publicly accessible website for at least 2
consecutive weeks before the date of sale.
Notice of sale must also be published by newspaper at least 5 days before the date of sale
Requires a governmental agency to provide specified notice to residents and property
owners concerning alternative methods of legal notice.
HB 101 by Andrade, SB 246 by Hooper—Public
Construction
Local governmental entities may withhold not more than 5% of each
progress payment as retainage from a contractor.
Not applicable to construction contracts worth $200,000 or less.
Each contract for construction services between a governmental
entity and a contractor must provide for the development of a single
list of items required to render the construction services as
satisfactory by the governmental entity.
Failure to comply provides a contractor with a remedy to submit a payment
request for all remaining retainage withheld by the governmental entity.
Does not apply to construction contracts entered into before October
1, 2020.
1,-1 n,*
AT- ,
tt, ke=g+
a[
C ';14. .7 4y T ry" 41744TAT'Ca,iegr"4 s s+. < r - r- 'I,
i HB 233 by Cortes—Homeowners Associations
0;t- ,,,,,.---,..:?4,!-,,*,,, ,,mti,.,,'.-.., Dispute Resolution
4,, • Disputes between an association and a parcel owner must proceed
with pre-suit mediation before the dispute is filed in court
Failure to participate in mediation or failure to reach an agreement in
mediation requires the parties to participate in mandatory nonbinding
arbitration. After a final decision by the arbitrator,the aggrieved party may .
proceed to court on all outstanding, unsettled issues.
A judicial proceeding must be initiated within 30 days after the entryii: , of the arbitrator's final decision (which is admissible into evidence).
Persons who fail to participate in the entire.mediation process may
not recover attorney fees and court costs relating to the dispute.
t, a
sf",,fa, f `
x a,-r kap 4-,,-,;--- ;...,,- i 4 }„ a` ) ,'N j £-£,k'
1: . , ,4 `h
ytc,
sem h y,: y 1, i' a +
rl',,-,.'4.,+:4L',:
s
F r -a ct'-" 3.
m
1.,'-
1":::::2:%5:,5.. . _
xi. <
7:"'!'?:?-:::''''''.:',.''' ,.'"; :-k a I Y "
3-, fit'
SB250 by Berman, HB 6019 by Casello-
r t : Development Orders -
i In a challenge to a local development order filed under 163.3215 (3),
a prevailing party is no longer entitled to recover attorneyfees and
costs incurred in challenging or defending the,order.
Includes appellate attorney fees and costs. '
wF#
sd
R lt =4„41,Wi.v,ZP-W,''.':14:.:74,-f-,
y
Xt ;-..
t1-,- .,.;
U'xY L i ° ' , R:
R ,
J35
yt '
k .
t 34 .. r
p'
L '
Yd2
rev ,I.
x
rsY"
L" .
ia . ^
rr"y "'
I"st ' } '•,
1%,-
4'. ,Z,t
t ,T,1-1°,11:,;::
21'
i
twa A t
1._
4
qA7u k,e,
S„k4r} , G' ,Rr ' i
X„-
t i s...
Pk ra :)
x _ '
J t
am y r, ` y -4S .
s s£ kiro r£ t: -4.-a> ,
t 4 ,r tr il ;
y, .
w g
n } ,
r k fJ
i, ? : ' . a?J E 1. 4M „ 4f
L r
dL i k ' ''''S`..-,,n 4rr ,f1. :t'
HB 459 by Overdorf, SB 954 by Perry—Building
Design
Zoning and development regulations relating to building design
elements may not be applied to a structure that is subject to local
government regulations for one- or two- family dwellings unless:
1. The structure is listed in the National Register of Historic Places; a
contributing property to a National Register Historic District; designated as a
historic property or a contributing property to a historic district (under the
terms of a local preservation ordinance).
2. The regulations are adopted in order to implement the National Flood
Insurance Program.
Local governments may adopt more stringent amendments to the
technical provisions of the Florida Building Code not more than once
every 6 months
HB 459 by Overdorf, SB 954 by Perry—Building
Design (cont.)
Each county or municipality must establish a countywide compliance
review board to review any amendment (direct amendment, law,
ordinance, etc.) to the Florida Building Code.
Provides for specified timing of effective dates for amendments,
contingent on whether amendment is challenged, decision is
appealed, etc.
Each board of county commissioners may enforce and adopt local
technical amendments to the Florida Building Code and Florida Fire
Prevention Code.
Effective date: July 1, 2020.
HB 477 by Rommel--Supermajority Vote Required
to Impose, Authorize, or Raise Local Taxes or Fees
Requires approval by two-thirds of the membership of the local
jurisdiction or special district to raise or impose a local tax or fee
Includes any municipality, county, school board, or special district
Any local tax or fee imposed or raised under this section must be
contained in a separate,ordinance or resolution that contains no
other subject.
Provides these provisions to be placed on the ballot as "Constitutional
Amendment, Article VII, Section 20"
SB-504 by Perry, HB 279 by Smith, D --Local
Government Public Construction Works
Requires a county, municipality, or special district seeking to improve or
construct a public structure to competitively award to a licensed contractor
each project that is estimated to cost more than $300,000 in accordance
with generally accepted cost-accounting principles,
Electrical work-the estimate mustbe more than$75,000,
Lists several exemptions to this requirement.
A local government that preforms projects using its own services,
employees, and equipment must disclose the actual costs of the project
after completion to the Auditor General.,"
Estimated total construction project costs must include all costs associated
with completing the work.
Includes employee compensation and benefits,equipment costs ad maintenance,
insurance costs,and the cost of materials.
SB 506 by Perry, CS/HB 441 by DiCeglie—
Public Procurement of Services
Raises the maximum dollar amount for continuing contracts for
construction projects to $5 million, or the dollar amount as adjusted
pursuant to s. 287.055 (7) (b).
7) (b) — The Department of Management Services shall adjust the statutory
maximum dollar amounts for continuing contracts based on the Engineering
News-Record's Construction Cost Index every July 1 of each year, beginning in
2021.
Continuing contracts include professional architecture, engineering,
landscape architectural, and surveying and mapping services.
HB 519 by Grant, J.—Private Property Rights
Protection
A property owner who seeks compensation under the Bert J. Harris;;
Jr., Private Property Rights Protection Act must present a claim in
writing to the head of the governmental entity at least 90 days before.':
filing an action
Establishes presumption that certain settlements of claims apply to all.,
similarly situated residential properties within political subdivision.
Similarly situated residential properties must submit a bona fide valid
appraisal, showing the loss of fair market value, not less than 120 days before
a trial on the merits of the damages
During the 90-day-notice period of such claims,the governmental entity is
encouraged to negotiate terms of settlement consistent with settlement
agreements of similarly situated properties.
HB 519 by Grant J•Private Property Rights
Protection (cont. {
Allows the property owner the option to forego a jury and elect to
have the court determine the award of compensation.
If notice is required but is not provided to the property owner, the
property owner may notify the governmental entity in writing that
the property owner deems the impact of the law/regulation.on the
property is restrictive of uses before the enactment.
The governmental entity in receipt of the notice must respond in writing
within 45 days to state whether the law/regulation is applicable to the
property in question and provide a description of the limitations imposed on
the property by the law/regulation.
Any claim thereafter must be brought within 1 year after the date of the,
property owner's receipt of the notice from the governmental entity of the
limitations imposed on the property.
HB 519 by Grant, J.-Private Property Rights
Protection (cont.)
Before any conveyance may be made, DOT must first afford a right of
first refusal to the previous property owner for the department's
current estimate of the property,value.
The previous owner has a minimum of 15 days to exercise the rightin writing.
The Previous owner has a minimum of 60 days after exercising its right of first
refusal to close.
DOT may not deviate from the original offer in anymaterial aspect if the
previous owner does not exercise its right of first refusal.
HB 623 by Shoaf, SB 1154 by Baxley—
Community Associations
Pools serving condominium, cooperative, homeowners' associations,
and other property associations, which have no more than 32 units or
parcels and which are not operated as public lodging establishments,
are exempt from supervision except for water quality.
If a condominium association's insurance policy does not provide for
subrogation against the unit owners, unit owners' insurance policies
may not include subrogation against the condominium association.
Bid for work or for materials, ballots, sign-in sheets, voting proxies,
and all other papers and electronic records relating to voting by
parcel owners, must be maintained by the association for at least 1
year after receipt of the bid, election, vote, or meeting.
Makes minor updates to make the section mobile application friendly
HB 623 by Shoaf, SB 1154 by Baxley—
Community Associations (cont.)
Only board service that occurs on or after July 1, 2018, may be used when
calculating a board member's term limit.
Written notice of a meeting other than the annual meeting must include an
agenda. This must be mailed, hand delivered, or electronically transmitted to
each owner. If not enumerated in the bylaws, the minimum period of time for
posting a notice must be at least 14 continuous days before the meeting.
The association may, by rule, adopt a procedure for conspicuously posting the meeting
notice and agenda on the association's website for the minimum amount of days and
thus is required to physically post the notice on association property. Electronic notice
with a hyperlink to the notice must also be given to members.
The association must mail, hand deliver, or electronically transmit a ballot to
all owners entitled to vote no less than 14 days or more than 34 days before
the date of the election.
HB 623 by Shoaf, SB 1154 by Baxley-
Community Associations (cont.)
An association may not charge an applicant any fees except for actual
costs of background screens.
If the association is required to approve a transfer and a fee for approval is
provided for in the bylaws, the fee may not exceed $100 per applicant.
Subject to certain regulations, an association may not prohibit a unit
owner from installing an electric vehicle charging station or
alternative fuel station.
Fine payments are due 5 days after notice of the approved fine is
provided to the unit owner, tenant, licensee, or invitee of the owner.
A board or committee member participating in a meeting via
telephone or real-time video conferencing counts towards a quorum
and may vote.
HB 637 by DiCeglie, SB 1066 by Gruters—
Impact Fees
Requires the calculation of an impact fee be based on the most recent
and localized data and exclude any cost that does not meet the
definition of a capital asset.
Mandates the segregation of revenues and expenditures of any -
impact fee that addresses the local government entity's infrastructure
needs in a separate impact fee trust fund.
Local governments must prepare a..financial report for each impact
fee trust fund on an annual basis.
Impact fee credits are assignable and transferable at any time as long
as the development is within the same impact fee jurisdiction for the
same type of public facility.
HB 637 by DiCeglie, SB 1066 by Gruters—
Impact Fees (cont.)
Each local government that assesses impact fees must establish an
impact review committee and must serve without compensation.
The composition of these committees is specifically outlined in the bill.
SB 664 by Lee—Verification of Employment
Eligibility
Requires employers to register with and use the E-verify system to
verify employment eligibility of new employees beginning 1/1/2021.
An employer is not required to verify the employment eligibility of a
continuing employee hired before the date of the employer's registration
with the E-verify system.
If an employer does not register with the E-verify system, the DEO
must order the appropriate agency to suspend all applicable licenses
held by the employer until the employer registers and provides that
DEO with an affidavit stating such fact.
If the employer knowingly hired an unauthorized alien, the DEO must
notify the U.S. Immigration Customs Enforcement Agency (ICE) of the
unauthorized alien and, if known, must also provide the address of
the alien's residence.
SB 868 by Lee Construction Contracting
A provision in a waiver or a release executed on or after July 1, 2020,
which that is not related to the waiver or release of a claim against
the payment bond is unenforceable.
With respect to specially fabricated materials, "final furnishing"
means the date that the last portion of the specially fabricated
materials is delivered to the site of the improvement.
Revises information required to be included in a notice of
commencement
SB 998 by Hutson— Housing
Authorizes a board of county commissioners to approve development
of affordable housing on any parcel zoned for residential, commercial,
or industrial use.
Beginning on October 1, 2020, a county may not collect an impact
fee, a permit of inspection fee, a tree mitigation fee, a water and
sewer connection fee, or a propionate share contribution for
affordable housing.
Mobile homes must be assessed sales tax at a rate of 6% on 50% of
the sale price.
A mobile home is not subjected to sales tax is the mobile home is intended to
be permamtly fixed to the land and the buyer signs an affidavit stating that he
or she intends to seek an "RP" series sticker, pursuant to 320.0815(2).
SB 998 by Hutson-Housing (cont.)
Establishes a local permit approval process for affordable housing.
Exempts certain mobile home park and mobile home subdivision
owners from regulation regarding water and wastewater systems by
the Florida Public Service Commission.
Creates a rental to homeownership program which consists of certain
incentives to encourage homeownership.
HB 1011 by Fischer, SB 1128 by Diaz—Vacation
Rentals
Preempts regulation of vacation rentals to the state.
A local law, ordinance, or regulation may not allow or require the
inspection or licensing of vacation rentals.
The operator of a vacation rental offered for transient occupancy
through an advertising platform must also display the vacation rental
license number and the applicable Florida sales tax registration and
tourist development tax account numbers
If the Division of Hotels and Restaurants of DBPR has probable cause
to believe an unlicensed person is in violation of these provisions, the
division may issue a notice to cease and desist from the violation.
The division may file a proceeding in the same of the state to enforce a cease
and desist notice and is entitled to collect attorney fees and costs.
SB 1390 by Simmons, HB 775 by Avila,,
Aloupis-Everglades. Protection Area
Plans and plan amendments that are adopted by the governing body of a
local government whose boundaries include any portion of the
Everglades Protection Area as defined in s. 373.4592(2) must:
Follow the state coordinated review process in subsection (4) of this section.
Such plans or plan amendments are complete onlyif it contains a written notice
from DEP that states the plan or plan amendment does not impede Everglades
protection and restoration
SB 1390 by Simmons, HB:775 by Avila,
Aloupis—Everglades Protection Area (cont.)
The DEP must determine whether the plan or plan amendment impedes
the Everglades restoration objectives as identified in s. 373.4592.
DEP must provide written notice of its determination to the local government
within 30 days after receipt of the plan or plan amendment.
DEP must work with the local government to eliminate, reduce,or mitigate'any
adverse impacts to Everglades restoration and protection:
ti
Environmental Bills—Water Quality
HB 147 by Jacobs, SB 690 by Albritton—Water
Resources
Requires the Department of Environmental Protection (DEP) to
prepare a comprehensive overview of Florida's water infrastructure
funding needs for residential, commercial, environmental agriculture
and industrial users.
Scope of report includes water supply, stormwater treatment, water
quality protection and restoration and the report must be based on a
short-term 5-year and long-term 20-year planning period.
The first report must be submitted to the Governor, Senate President
and Speaker of the House of Representatives by January 1, 2022 and
every 5-years thereafter.
co as 4
v, .. v, V, 0 v,
m o _ CO a)
c ac
v, a L
3 vi CO +-a.c
p au +r •
O O O O ;+ fl
I.-o ni O
C Ci 7/71 .
0 p .Q a 3 X
m }. 0
a)
IQ.OO F0 O
E
V U N V -_ C c 4_0. U C ; LP) . 3
4- 0 o
ax
E a) a) a) ,_ Opp+- apt
U a ll -Ui cn +.6 cap .
U •rQ. ,.i 'L3a off O' Q aoN
R: C aa)
s.... s...`a as
sis
au a p 'a41 coo ENS
L
4-
3 3 •a- c a > uas E
CU t3 E a) c
c a`t is •c a 4-J C_ a)
00 z 3a) a cv 13.o.c CC p c x-pC5 CU
c •
co
bO v c-3 '- v -o N ' a) s- p .= au
c '-
co =- >. — t-_ . (U (v o (0 t a ,., N a o v; 4di0i cohn
S Q U L: i u
O
O i
Ovi
N.2 Ep c
O y,_
41
O
3 O O. ;.-.7
us0 0
to
4- °
4D vi a,N as .—
C OD a, CO c w
0
ate+
E 0
a1"
3 CO 0 L ri
v1
t .
N (' = Nu —vs a)
mra .c per ? (app- + Q. Ln L O.Q o i
0 0) >
v, .- ;.,
c-1 o c cam. P-
ti
3 O
to Qw
L C p a > -O w
i-a W a Cr; W N CO n
a-,
O..'
f2 (
0 (
O -p.13 N 3=
N o a = Z 0-L, v, 00 3 a a ( ) O , a) us +=
a (
O C VI O L C I- _P U) * X L) ._ asuc
o p
O
Q1 Q N p CO
O Q O"O W ,bA0 O O
O `
v, ac = (v3 •-,,ODn. QIO V a) 4., 0. av,4-.
HB 405 by Good and SB 686 by Gruters,
Stormwater Management Systems
Requires the water management districts, under direction of DEP, to
adopt design and performance standards for stormwater treatment
systems to increase the removal of nutrients from stormwater
discharges for all new development and redevelopment projects.
By 12/1/2020 the department and water management districts must
amend the applicant's handbook to include revised best management
practices and design criteria to remove nutrients to ensure new
pollutant loadings are not discharged to impaired water bodies.
By 7/1/21. department and water management district shall initiate
rulemaking to update the rules governing the construction, operation
and management of stormwater management systems.
HB 405 by Good and SB 686 by Gruters,
Stormwater Management Systems cont.
Creates a rebuttable presumption that if the stormwater system
meets new best management practices, design and performance
criteria, the system is deemed not to cause or contribute to violations
of water quality standards.
Requires DEP and the water management districts to include
coordinating field inspections of public and privately-owned
stormwater structural controls as part of training local governments
with a delegated local pollution control program.
Restricts the use of general permits where the discharge of additional
stormwater pollutants would violate water quality standards.
CS for SB 712 by Mayfield- "Clean Waterways
Act"
Provides for the transfer of the Onsite Sewage Treatment & Disposal
Program from the Department of Health (DOH) to the Department of
Environmental Protection (DEP) effective 7/1/21. Prior to the transfer,
by 12/31/20 DOH and DEP are required to submit recommendations
to the Governor, Senate President and House Speaker regarding the
transfer.
By 1/1/21, DEP and the water management districts shall initiate
rulemaking to update the stormwater design and operation
regulations and DEP must evaluate self-certification of stormwater
facilities and provide the.Legislature with recommendations for
improvement to the self-certification program.
F'z
11einir..
w 'f .. . Vit.-.',L
CS for SB 712 by Mayfield-- "Clean Waterways
Act"-- Septic Tank Provisions
Requires DEP to adopt rules by 7/1/22 governing the location of
onsite sewage treatment and disposal systems (OSTDS), to prevent
groundwater and surface water contamination and,protect public
health.
Creates an onsite sewage treatment and disposal systems technical
advisory committee within DEP; requires the appointment of
committeemembers by 8/1/21; and requires the committee to
submit recommendations to the Governor, Senate President and
House Speaker by 8/15/22.
CS for SB 712 by Mayfield— "Clean Waterways
Act"—Overflow and Leak Prevention
Grants DEP the authority to adopt rules to reduce and eliminate leaks or
infiltration into the underground pipes of wastewater collection systems.
DEP must adopt rules requiring public utilities to file reports on the
expenditures related to pollution mitigation and prevention, including the
allocation of common costs among affiliated companies.
Adds a penalty of $2,000 for the failure to survey the wastewater
collection system and take steps to reduce sanitary sewer overflows, pipe
leaks and inflow and infiltration.
CS for SB 712 by Mayfield— "Clean Waterways
Act"—Enhanced BMAP Requirements
Requires a Basin Management Action Plan (BMAP) to include a
wastewater treatment plan and/or an OSTDS remediation plan if DEP
identifies domestic wastewater facilities or OSTDSs as contributors of
at least 20% of point or nonpoint source nutrient pollution or if DEP
determines necessary to meet the total maximum daily load. The
plans must be developed by each local government in cooperation
with DEP, the appropriate water management district, the
Department of Health, and public and private wastewater facilities.
DEP shall adopt the wastewater treatment plan and/or onsite sewage
treatment and disposal plan as part of a BMAP no later than 7/1/25,
or as required for Outstanding Florida Springs pursuant to s. 373.807.
CS for SB 712 by Mayfield- "Clean Waterways
Act"-Agricultural BMPs
Requires the Department of Agriculture & Consumer Services (DACS)
to collect fertilization and nutrient records from each producer
enrolled in best management practices for nutrients and by March 1st
of each year, provide the records to DEP.
Requires DACS to perform onsite inspections of participants in the
BMP. program every two years.
Requires the University of FloridaIFAS and"other state universities to
submit research plans related to nutrient reduction to DACS by
August 1st of each year in order to be eligible for legislative funding.
CS for SB 712 by Mayfield- "Clean Waterways
Act"—Wastewater Grant P rog ra m
Establishes a wastewater grant program within DEP to provide grants for
projects within a BMAP,an alternative restoration plan or a rural area of
economic opportunity, which will reduce excess nutrient pollution.
Each grant requires a 50% local match of funds, which may be waived for
projects within a rural area of opportunity.
Beginning 1/1/21, and each year thereafter, DEP must submit'a report to
the Governor and Legislature on projects funded`under the grant program.
CS for SB 712 by Mayfield— "Clean Waterways
Act"
Exempts rules adopted by DEP to address biosolid management from the
requirement for legislative ratification, of rules with an economic impact at
or above $1 million, if adopted before the 2021 legislative session.
Prohibits facilities for sanitary sewage disposal from discharging into the
Indian River Lagoon beginning 7/1/25.
Requires sanitary sewage facilities to have a power outage contingency
plan and to take steps and develop action plans to prevent overflows, leaks
and infiltration. Compliance with these requirement is evidence in
mitigation for purposes of assessing penalties and domestic wastewater
treatment permits may be issued for a term of up to 10 years (rather than
typical 5) if the facility is meeting goals of its action plan.
CS for SB 712 by Mayfield— "Clean Waterways
Act"—Misc.
Requires the model stormwater ordinance developed by DEP and the
Department of Economic Opportunity to include model ordinances
that target nutrient reduction practices and use green infrastructure.
Requires DEP to prioritize grant proposals submitted for the Clean
Water Revolving Loan program for facilities that implement the
requirements of the bill relating to prevention of overflows, leaks and
infiltration.
Requires DEP shall establish a real-time water quality monitoring
program.
Effective date of the bill is July 1, 2020.
HB 0775 by Avila, Everglades Protection Area
Provides that plans and plan amendments adopted by a local government
whose boundaries include any portion of the Everglades Protection Area
must follow the state coordinated review process for the review of local
government comprehensive plans and plan amendments.
Local government plans or amendments of a local government whose
boundaries include any portion of the Everglades Protection Area require a
determination by DEP of whether the plan or plan amendment impedes
Everglades restoration and protection objectives.
DEP shall providewritten notice of its determination to the local
government within 30 days of receipt and DEP shall work with the local
p
government on measures to eliminate, reduce or eliminate adverse
impacts.
The effective date of the bill is July 1, 2020.
HB 791 by Fitzenhagen, Florida National
Estuary Program Act
Requires the Department of Environmental Protection to give funding
consideration to programs identified under the National Estuary
Program that are located in Florida: 1) Indian River Lagoon National
Estuary Program; 2) Coastal & Heartland National Estuary Program; 3)
Tampa Bay Estuary Program & 4) Sarasota Bay Estuary Program.
Funds provided by. DEP must be used for projects identified in the
program's adopted comprehensive conservation and management
plan.
Requires each program receiving recurring dedicated state funding to
provide an annual report to the Governor and Legislature.
The effective date of the bill is July 1, 2020.
SB 1042 by Albritton, HB 1061 by Massullo-
Aquatic Preserves
Creates the Nature Coast Aquatic Preserve encompassing state-owned
submerged lands along coastal Pasco, Citrus and Hernando County and
contiguous with the southern boundary of the Big Bend Seagrasses Aquatic
Preserve and the northern boundary of the Pinellas County Aquatic
Preserve.
Provides restrictions on dredging and filling within the boundaries of the
aquatic preserve.
Limits the construction, replacement or relocation of a seawall without
approval of the Board of Trustees by letter of consent and requires riprap
construction to be used in the sea wall.
Preserves the riparian rights of upland property owners adjacent to or
within the preserve.
Effective date of July 1, 2020.
Energy & Climate
HB 225 by Zika, SB 824 by Hooper -Clean
Energy Programs
Entitled the "Property Assessed Clean Energy Act," the bill adds a
number of new requirements for PACE loan contracts.
Authorizes local governments to enter into an agreement with a PACE
administrator,
Requires a local government, or PACE administrator, to determine the
ability to pay of the property owner and prohibits a local government
from entering a PACE contract with an owner who has filed for
bankruptcy within the preceding 3-years.
HB 225 by Zika, SB 824 by Hooper.,--Clean
Energy Programs, continued.
Establishes that a PACE loan is subordinate to all liens recorded before the notice
of the PACE lien and subordinate to a first mortgage recorded after the notice of
PACE lien is recorded.Requires the local government to provide written notice to
mortgage holders of intent of property owner to enter into a PACE loan contract
and obtain written permission from each of the mortgage holders.
Provides that a property owner must receive notice of the right to cancel a PACE
loan contract within 3 business days of signature.
Requires local government to provide certain disclosure forms to property owner
at least 3 days before contract is signed-and provides for explanation of terms in
property owners native language.
Requires a PACE administrator to comply with the Servicemembers Civil Relief
Act.
Provides an effective date of July 1, 2020
i
SB 446 by Brandes, Renewable Energy
Allows the owner of a commercial, industrial business or contracted third party to
install and operate solar devices on the structure the business operates and to
sell the electricity generated by the device to a business located immediately
adjacent to the structure or immediately adjacent to the parcel without being
deemed a utility subject to regulation under chapter 366.
The Public Service Commission may approve a utility's request for cost recovery
for providing capacity, generation and distribution of electricity if level of
reduction of purchases by customers using renewable energy under bill is
significant enough to impact rates of other customers.
The cost recovery request must be approved by the PSC by a supermajority vote.
The PSC is granted rule-making authority for cost-recovery authorized by bill.
The effective date of the bill is July 1, 2020.
SB 256 by Rodriguez, HB 97 by Eskamani—
Renewable Energy
Establishes a 100% renewable energy goal by 2050.
Directs the Public Service Commission to adopt rules establishing a
renewable portfolio standard and that includes provision for
renewable energy credits.
Directs the Office of Energy within the Department of Agriculture &
Consumer Services to develop a unified statewide plan to generate
100 percent of the state's energy from renewable energy by 2050 and
also includes interim goals to generate at least 40 percent from
renewable sources by 2030.
Provides an effective date of July 1, 2020.
HB 918 by Diamond; SB 1232 by Rousonr—Florida
Climate and Resiliency Research Program
Creates The Florida Climate and Resiliency Research Program within DEP for the
purpose of assisting the state in understanding assessing, predicting and
responding to the effects of climate change.
Requires the preparation of a climate assessment that evaluates the effects of
climate change on the natural environment, agriculture, public health, disaster
preparedness and economy,among factors.
The Program includes representatives form designated state agencies,three
representatives from nongovernmental organizations,a representative from the
Florida Climate Institute and a representative from each of the four regional
climate collaboratives
Requires the Program to submit the Florida Resiliency Plan to the Governor,
Senate President and House Speaker beginning 1/1/21 and every fouryears
thereafter.
The effective date of the bill is 7/1/20.
SB 7016 by Committee onInfrastructure &
Security -Statewide Office of Resiliency
Establishes the Statewide Office of Resiliency within the Executive Office of
the Governor to be headed by a Chief Resiliency Officer.
Creates a Statewide Sea-Level Rise Task Force whose purpose is to
recommend consensus projections of the anticipated sea-level rise along
Florida's coastline for planning horizons designated by the task force.
Requires the task force to submit recommended consensus baseline -
projections to the Environmental.Regulation Com`mission(ERC) by January
1,2021 for ERC review and adoption.
Following adoption, the sea-level rise projections must be used for the
purpose of developing state projects, plans and programs.
Seeks an appropriation of$500,000 to DEP for funding the Task Force..
The effective date is July 1, 2020.
CS for SB 178 by Rodriguez, HB 579 by Aloupis—
Public Financing of Construction Projects
Contingent upon the adoption of state baseline sea level projections,
a state-financed construction project that includes a coastal structure
may not be commenced until a sea-level impact study "SLIP study" is
conducted that meets requirements established by DEP.
The SLIP study must assess the flooding inundation, and wave action
damage risks to the coastal structure over its expected life or 50
years, whichever is less.
Grants DEP the authority to seek injunctive relief to halt construction
of the coastal structure if not in compliance with SLIP provisions.
Effective date of bill is the same date as SB 7016 or similar legislation.
Other Environmental Legislation
r- e d'rl r Dam a 4. " e
w:; • n::- h.,;:r
tr
s...
SB 1152 by Broxson, Brownfield Site
Rehabilitation
Increases the total amount of contaminated site rehabilitation tax
credits that may be granted each year from $10 million to $12 million
dollars per year.
Creates a definition for PFAS to mean perfluoroalkyl and
pvlyfluoroalkyl substances, including perfluorooctanoic acid and
perfluorooctane sulfonate, which are used in fire suppressants and
firefighting foams.
Provides that potential brownfield sites.owned bythe state or local
government which are impacted by PFAS are eligible for participation
in a brownfield site rehabilitation agreement.
Provides an effective date of July 1, 2020.
S
SB 492 by Cruz, Public Notification of Pollution
Expands the list of substances included within the definition of
reportable pollution release" to include the release of a measurable
level of perfluorooctanoic acid or perfluorooctanesulfonic acid from
an installation of the lands and water of the state.
Includes the release of any other physical, biological, chemical or
radiological substance that if it impacted a water system'would result
in a violation of water quality standards adopted by DEP or DOH.
Requires the direct notice by US mail to homeowners who have
private wills within a 1-mile radius of a reported discharge.
Provides and effective date of July 1,2020 '
HB 729 by Rodriguez, SB 1238 by Diaz—
Regulatory Reform
Establishes the Red Tape Reduction Advisory Council within the Executive
Office of the Governor.
Requires the Joint Administrative Procedures Committee (JAPC) to establish
a baseline of the number of rules currently adopted by state agencies and
that are in effect on 1/1/21.
Provides that a new rule cannot cause the total number of rules to exceed
the agency baseline and requires agencies to submit a rule replacement
request to JAPC. An agency may seek an exemption from the baseline
requirement.
Rule development notices must include a rule or rules proposed to be
repealed if a repeal is necessary to meet the regulatory baseline. The
repeal would take effect at the same time the proposed rule takes effect.
Provides an effective date of July 1, 2020.
SB 332 by Stewart, HB 849 by Altman—Land
Acquisition Trust Fund
Allocates $100 million of Land Acquisition Trust Fund (LATF) revenue
annually to the Florida Forever Trust Fund.
Provides that LATF revenue cannot be used for costs associated with
information technology and administrative and support services at
DEP, DACS, FWC and the Department of State
HB 849 also extends the deadline for retiring Florida Forever bond
obligations from December 31, 2040 to December 31, 2054.
Provides and effective date of July 1, 2020.