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Home Source documents Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (January 25, 2022)

Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (January 25, 2022)

Summary

Meeting packet for the Tourism, Infrastructure & Energy Subcommittee meeting of Tuesday, January 25, 2022, 1:00 PM - 3:00 PM, at Reed Hall, with Brad Drake as Chair. The agenda lists HB 907, HB 1005 (Advanced Air Mobility), HB 1121, HB 1411 (Floating Solar Facilities), HB 1469 (Transportation Facility Designations) and PCS for HB 101 (Improvements to Real Property). The staff analysis of HB 907 states that the bill adds Putnam County as a member of the FSTED Council and lets Putnam County apply for a grant until July 1, 2024, to study the feasibility of a port. If the study determines a port is not feasible, the county's membership on the council must terminate. It states the bill is not expected to have an impact on state or local revenues or expenditures and has an effective date of July 1, 2022.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (January 25, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-25-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-ec2f804468/, SHA-256 c5abe894cd27d49eef156a88113ea582b94b51216733319f7b41990e12f4e6fd.

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        Tourism, Infrastructure & Energy
                 Subcommittee
                Tuesday, January 25, 2022
                   1:00 pm – 3:00 pm
                  Reed Hall (102 HOB)




                  Meeting Packet




Chris Sprowls                               Brad Drake
Speaker                                          Chair
                     The Florida House of Representatives
                                          Commerce Committee
                         Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls                                                                                      Brad Drake
Speaker                                                                                                 Chair


                                      Meeting Agenda
                                     Tuesday, January 25, 2022
                                        1:00 PM – 3:00 PM
                                       Reed Hall (102 HOB)

   I.        Call to Order

   II.       Roll Call

   III.      Welcome and Opening Remarks

   IV.       Consideration of the following bill(s):

          HB 907 Florida Seaport Transportation and Economic Development Council
          by Payne
          HB 1005 Advanced Air Mobility by Fischer
          HB 1121 Pub. Rec./Crash Reports and Traffic Citations by Brannan
          HB 1411 Floating Solar Facilities by Avila
          HB 1469 Transportation Facility Designations by Grieco
          Consideration of the following proposed committee substitute(s):
          PCS for HB 101 -- Improvements to Real Property
   V.        Closing Remarks

   VI.       Adjournment


                  303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                  (850) 717-4870
HB 907
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 907 Florida Seaport Transportation and Economic Development Council
SPONSOR(S): Payne
TIED BILLS:       IDEN./SIM. BILLS: SB 1038

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                          SUMMARY ANALYSIS
Florida law designates 15 deepwater seaports: Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola,
Key West, and Fernandina. These seaports are designated by law to be represented on the Florida Seaport
Transportation Economic Development (FSTED) Council, which allocates state funds to specified types of
seaport projects.

The Putnam County Port District operates an inland river port, located along the St. Johns River in Putnam
County. The county has plans to dredge the channel to the port in order to increase commerce.

The bill adds Putnam County as a member of the FSTED Council.

The bill provides that until July 1, 2024, Putnam County may apply for a grant through the FSTED Council to
perform a feasibility study regarding the establishment of a port in Putnam County. The FSTED council must
evaluate the grant application pursuant to specified requirements in law and if approved, the Department of
Transportation must include the feasibility study in its Legislative Budget Request for FSTED funding. If the
study determines that a port in Putnam County is not feasible, Putnam County’s membership on the FSTED
Council must terminate.

The bill reenacts various statutes that cross-reference the seaports making up the FSTED Council to
incorporate Putnam County into those statutes.

The bill is not expected to have an impact on state or local revenues or expenditures.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0907.TIE
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                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Florida is home to 15 deepwater seaports: Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
          Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
          Pensacola, Key West, and Fernandina,1 which are independently governed and operated.2

          The Department of Transportation’s (DOT) Seaports Office works with the seaports to assist with
          planning and funding strategic seaport projects, as well as assisting with seaport-related issues. DOT’s
          Seaports Office is responsible for statewide seaport system planning, coordinating with statewide
          freight planning, project management, and coordinating seaport infrastructure projects.3

          Florida Seaport Transportation and Economic Development (FSTED) Program/FSTED Council

          Created in 1990,4 the Florida Seaport Transportation and Economic Development (FSTED) Program
          within DOT finances port transportation or port facilities projects that will improve the movement and
          intermodal transportation of cargo or passengers in commerce and trade and support the interests,
          purposes, and requirements of all 15 seaports.5

          The FSTED Council is charged with carrying out the state’s economic development mission through
          implementation of seaport capital improvement projects at the local level. The FSTED Council is
          created within DOT and consists of the port directors of the 15 deepwater seaports and representatives
          from DOT and the Department of Economic Opportunity (DEO).6

          Under Florida law, a minimum of $25 million per year must be made available from the State
          Transportation Trust Fund for the FSTED Program. The FSTED Council must develop guidelines for
          project funding. Council staff, DOT, and DEO must work in cooperation to review projects and allocate
          funds in accordance with the schedule required for DOT to include these projects in its tentative work
          program.7

          DOT must include FSTED funding in its annual legislative budget request, including funding for FSTED
          Council-approved projects which have been determined by DOT and DEO to be consistent with Florida
          law. DOT must include the approved FSTED projects during the ensuing fiscal year in its tentative work
          program. The total amount of funding to be allocated to the FSTED Program during the successive 4
          fiscal years must also be included in DOT’s tentative work program.8

          FSTED Program funds must be used to fund approved projects on a 50-50 matching basis with the
          relevant deepwater seaport. However, program funds used to fund projects that involve the
          rehabilitation of wharves, docks, berths, bulkheads, or similar structures requires a 25-percent match of
          funds. Program funds also may be used by the FSTED Council for data and analysis that will assist
          Florida's seaports and international trade.9

          Projects eligible for funding by grants under the FSTED Program are limited to the following port
          facilities or port transportation projects:
1 S. 311.09(1), F.S.
2 Department of Transportation (DOT), Agency Analysis of 2022 Senate Bill 1038 p.2. (Dec. 6, 2021)
3 Id.
4 Ch. 90-136, Laws of Fla.
5 S. 311.07(1), F.S.
6 S. 311.09(1), F.S. Florida Ports Council, Florida Seaport Transportation and Economic Development Program,

https://flaports.org/about/florida-seaport-transportation-and-economic-development-program/ (last visited Dec. 15, 2021).
7 S. 311.07(2), F.S. DOT’s work program is developed pursuant to s. 339.135, F.S.
8 S. 311.07(9), F.S.
9 S. 311.07(3)(a), F.S.

STORAGE NAME: h0907.TIE                                                                                                     PAGE: 2
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                  Transportation facilities within the jurisdiction of the port.
                  The dredging or deepening of channels, turning basins, or harbors.
                  The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities,
                   cruise terminals, automated people mover systems, or any facilities necessary or useful in
                   connection with any of the foregoing.
                  The acquisition of vessel tracking systems, container cranes, or other mechanized equipment
                   used in the movement of cargo or passengers in international commerce.
                  The acquisition of land to be used for port purposes.
                  The acquisition, improvement, enlargement, or extension of existing port facilities.
                  Environmental protection projects which are necessary because of requirements imposed by a
                   state agency as a condition of a permit or other form of state approval; which are necessary for
                   environmental mitigation required as a condition of a state, federal, or local environmental
                   permit; which are necessary for the acquisition of spoil disposal sites and improvements to
                   existing and future spoil sites; or which result from the funding of eligible projects.
                  Transportation facilities which are not otherwise part of DOTs adopted work program.
                  Intermodal access projects.
                  Construction or rehabilitation of port facilities, excluding any park or recreational facilities, in
                   ports with operating revenues of $5 million or less, provided that such projects create economic
                   development opportunities, capital improvements, and positive financial returns to such ports.
                  Seaport master plan or strategic plan development or updates, including the purchase of data to
                   support such plans.10

         To be eligible for consideration by the FSTED Council, a project must be consistent with the port
         comprehensive master plan that is incorporated as part of the approved local government
         comprehensive plan.11

         Putnam County Port District

         Created in 1967 by special act,12 the Putnam County Port District is a dependent special district
         consisting of all of Putnam County. Its board consists of the Putnam County Board of County
         Commissioners. The district operates an inland river port, located along the St. Johns River in Putnam
         County.

         Putnam County proposes dredging a 5,000-foot branch channel on the St. Johns River from the current
         barge berth to the St. John’s channel and adding a turning basin to enhance both navigability and
         safety. The current depth is 7 feet at low water. The proposed dredging will increase the depth to 12
         feet at low water. This will allow the size and capacity vessels able to visit the port to increase
         substantially.13

         Effect of the Bill

         The bill adds Putnam County as a member the FSTED Council.

         The bill provides that until July 1, 2024, Putnam County may apply for a grant through the FSTED
         Council to perform a feasibility study regarding the establishment of a port in Putnam County. The
         FSTED Council must evaluate the grant application pursuant to the statutory provisions that govern the
         council’s review of other proposed port projects. If approved, DOT must include the feasibility study in
         its Legislative Budget Request for FSTED funding. If the study determines that a port in Putnam County
         is not feasible, Putnam County’s membership on the FSTED Council must terminate.

         The bill reenacts various statutes which cross-reference the seaports making up the FSTED Council to
         incorporate Putnam County into those statutes. These statutes include, but are not limited to, statutes

10 S. 311.07(3)(a), F.S.
11 S. 311.07(3)(c), F.S.
12 Ch. 67-1961, Laws of Fla.
13 Attachment to e-mail from SaraLynn Ard, Legislative Aide to Rep. Payne, FW: PowerPoint (Jan. 21, 2022).

STORAGE NAME: h0907.TIE                                                                                          PAGE: 3
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       relating to coastal management, seaport funding, seaport security, the confidentiality of certain records
       held by deepwater ports, exemptions from certain laws regarding stormwater management, and port
       conceptual permits.

       The bill has an effective date of July 1, 2022.

   B. SECTION DIRECTORY:
       Section 1          Amends s. 311.09, F.S., relating to the Florida Seaport Transportation and Economic
                          Development Council.

       Section 2          Reenacts s. 163.3178, F.S., relating to coastal management.

       Section 3          Reenacts s. 189.068, F.S., relating to special districts; authority for oversight; general
                          oversight review process.

       Section 4          Reenacts s. 311.07, F.S., relating to Florida seaport transportation and economic
                          development funding.

       Section 5          Reenacts s. 311.091, F.S., relating to entry into public-private infrastructure project
                          agreements for port-related public infrastructure projects.

       Section 6          Reenacts s. 311.10, F.S., relating to the Strategic Port Investment Initiative.

       Section 7          Reenacts s. 311.101, F.S., relating to the Intermodal Logistics Center Infrastructure
                          Support Program.

       Section 8          Reenacts s. 311.12, F.S., relating to seaport security.

       Section 9          Reenacts s. 311.121, .F.S., relating to qualifications, training, and certification of
                          licensed security officers at Florida’s seaports,

       Section 10         Reenacts s. 311.14, F.S., relating to seaport planning.

       Section 11         Reenacts s. 315.18, F.S., relating to the confidentiality of certain records held by
                          deepwater ports.

       Section 12         Reenacts s. 320.20, F.S., relating to the disposition of license tax moneys.

       Section 13         Reenacts s. 334.27, F.S., relating to governmental transportation entities’ property
                          acquired for transportation purposes; limitation on soil and groundwater contamination
                          liability.

       Section 14         Reenacts s. 337.14, F.S., relating to application for qualification; certificate of
                          qualification; restrictions; request for hearing.

       Section 15         Reenacts s. 373.406, F.S., relating to exemptions regarding the management and
                          storage of surface waters.

       Section 16         Reenacts s. 373.4133, F.S., relating to port conceptual permits.

       Section 17         Reenacts s. 373.4136, F.S., relating to the establishment and operation of mitigation
                          banks.

       Section 18         Reenacts s. 403.061, F.S., relating to department; powers and duties.

       Section 19         Provides an effective date.

STORAGE NAME: h0907.TIE                                                                                            PAGE: 4
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                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill does not identify who may perform the feasibility study or what the feasibility study must
       address (e.g. economic feasibility, technical feasibility). As drafted, the bill may allow Putnam County to
       conduct the study that would determine its own feasibility and ongoing membership on the FSTED
       Council. If this is not the intent of the bill, the bill could be clarified to address these matters.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.


STORAGE NAME: h0907.TIE                                                                                    PAGE: 5
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           HB 907                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to the Florida Seaport Transportation
    3               and Economic Development Council; amending s. 311.09,
    4               F.S.; revising the membership of the Florida Seaport
    5               Transportation and Economic Development Council to
    6               include a representative of Putnam County; authorizing
    7               Putnam County to apply for a grant for a port
    8               feasibility study through the Florida Seaport
    9               Transportation and Economic Development Council;
10                  providing for the evaluation of the application;
11                  requiring the Department of Transportation to include
12                  the study in its budget request under certain
13                  circumstances; terminating the membership of Putnam
14                  County on the council under certain circumstances;
15                  reenacting ss. 163.3178(2)(k), (5), and (6),
16                  189.068(6), 311.07(1) and (3)(a) and (b), 311.091,
17                  311.10(1) and (2), 311.101(2), 311.12(2)(a), (3), and
18                  (6)(a), 311.121(2) and (3)(a), 311.14(1), 315.18,
19                  320.20(3) and (4), 334.27(1), 337.14(7), 373.406(12),
20                  373.4133(2) and (10), 373.4136(6)(d), and 403.061(38)
21                  and (39), F.S., relating to coastal management, the
22                  oversight of deepwater ports, Florida seaport
23                  transportation and economic development funding, entry
24                  into public-private infrastructure project agreements
25                  for port-related public infrastructure projects, the

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        HB 907                                                                                                2022




26               Strategic Port Investment Initiative within the
27               department, the Intermodal Logistics Center
28               Infrastructure Support Program, seaport security,
29               licensed security officers at Florida seaports,
30               seaport planning, the confidentiality of certain
31               records held by deepwater ports, the disposition of
32               license tax moneys, the definition of the term
33               "governmental transportation entity," seaport
34               contractor services, exemptions for overwater piers,
35               docks, or similar structures in deepwater ports, port
36               conceptual permits, the authorized use of mitigation
37               banks, and the duties of the Department of
38               Environmental Protection in providing environmental
39               resource permits, respectively, to incorporate the
40               amendment made to s. 311.09, F.S., in references
41               thereto; providing an effective date.
42
43      Be It Enacted by the Legislature of the State of Florida:
44
45               Section 1.         Subsection (1) of section 311.09, Florida
46      Statutes, is amended, and subsection (13) is added to that
47      section, to read:
48               311.09        Florida Seaport Transportation and Economic
49      Development Council.—
50               (1)         The Florida Seaport Transportation and Economic

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        HB 907                                                                                                2022




51      Development Council is created within the Department of
52      Transportation. The council consists of the following 18 17
53      members: the port director, or the port director's designee, of
54      each of the ports of Jacksonville, Port Canaveral, Port Citrus,
55      Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
56      St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
57      Pensacola, Key West, and Fernandina; the secretary of the
58      Department of Transportation or his or her designee; and the
59      secretary of the Department of Economic Opportunity or his or
60      her designee.
61               (13)        Until July 1, 2024, Putnam County may apply for a
62      grant through the Florida Seaport Transportation and Economic
63      Development Council to perform a feasibility study regarding the
64      establishment of a port in Putnam County. The council shall
65      evaluate the grant application pursuant to subsections (5) –(8)
66      and, if approved, the Department of Transportation must include
67      the feasibility study in its budget request pursuant to
68      subsection (9). If the study determines that a port in Putnam
69      County is not feasible, the membership of Putnam County on the
70      council must terminate.
71               Section 2.        For the purpose of incorporating the amendment
72      made by this act to section 311.09, Florida Statutes, in
73      references thereto, paragraph (k) of subsection (2) and
74      subsections (5) and (6) of section 163.3178, Florida Statutes,
75      are reenacted to read:

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         HB 907                                                                                                2022




 76               163.3178           Coastal management.—
 77               (2)         Each coastal management element required by s.
 78      163.3177(6)(g) shall be based on studies, surveys, and data; be
 79      consistent with coastal resource plans prepared and adopted
 80      pursuant to general or special law; and contain:
 81               (k)         A component which includes the comprehensive master
 82      plan prepared by each deepwater port listed in s. 311.09(1),
 83      which addresses existing port facilities and any proposed
 84      expansions, and which adequately addresses the applicable
 85      requirements of paragraphs (a)-(k) for areas within the port and
 86      proposed expansion areas. Such component shall be submit ted to
 87      the appropriate local government at least 6 months prior to the
 88      due date of the local plan and shall be integrated with, and
 89      shall meet all criteria specified in, the coastal management
 90      element. "The appropriate local government" means the
 91      municipality having the responsibility for the area in which the
 92      deepwater port lies, except that where no municipality has
 93      responsibility, where a municipality and a county each have
 94      responsibility, or where two or more municipalities each have
 95      responsibility for the area in which the deepwater port lies,
 96      "the appropriate local government" means the county which has
 97      responsibility for the area in which the deepwater port lies.
 98      Failure by a deepwater port which is not part of a local
 99      government to submit its component to the appropriate local
100      government shall not result in a local government being subject

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         HB 907                                                                                                2022




101      to sanctions pursuant to s. 163.3184. However, a deepwater port
102      which is not part of a local government shall be subject to
103      sanctions pursuant to s. 163.3184.
104               (5)         The appropriate dispute resolution process provided
105      under s. 186.509 must be used to reconcile inconsistencies
106      between port master plans and local comprehensive plans. In
107      recognition of the state's commitment to deepwater ports, the
108      state comprehensive plan must include goals, objectives, and
109      policies that establish a statewide strategy for enhancement of
110      existing deepwater ports, ensuring that priority is given to
111      water-dependent land uses. As an incentive for promoting plan
112      consistency, port facilities as defined in s. 315.02(6) on lands
113      owned or controlled by a deepwater port as defined in s.
114      311.09(1), as of the effective date of this act shall not be
115      subject to development-of-regional-impact review provided the
116      port either successfully completes an alternative comprehensive
117      development agreement with a local government pursuant to ss.
118      163.3220-163.3243 or successfully enters into a development
119      agreement with the state land planning agency and applicable
120      local government pursuant to s. 380.032 or, where the port is a
121      department of a local government, successfully enters into a
122      development agreement with the state land planning agency
123      pursuant to s. 380.032. Port facilities as defined in s.
124      315.02(6) on lands not owned or controlled by a deepwater port
125      as defined in s. 311.09(1) as of the effective date of this act

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         HB 907                                                                                                2022




126      shall not be subject to development-of-regional-impact review
127      provided the port successfully enters into a development
128      agreement with the state land planning agency and applicable
129      local government pursuant to s. 380.032 or, where the port is a
130      department of a local government, successfully enters into a
131      development agreement with the state land planning agency
132      pursuant to s. 380.032.
133               (6)         Each port listed in s. 311.09(1) and each local
134      government in the coastal area which has spoil disposal
135      responsibilities shall provide for or identify disposal sites
136      for dredged materials in the future land use and port elements
137      of the local comprehensive plan as needed to assure proper long -
138      term management of material dredged from navigation channels,
139      sufficient long-range disposal capacity, environmental
140      sensitivity and compatibility, and reasonable cost and
141      transportation. The disposal site selection criteria shall be
142      developed in consultation with navigation and inlet districts
143      and other appropriate state and federal agencies and the public.
144      For areas owned or controlled by ports listed in s. 311.09(1)
145      and proposed port expansion areas, compliance with the
146      provisions of this subsection shall be achieved through
147      comprehensive master plans prepared by each port and integrated
148      with the appropriate local plan pursuant to paragraph (2)(k).
149               Section 3.         For the purpose of incorporating the amendment
150      made by this act to section 311.09, Florida Statutes, in a

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         HB 907                                                                                                2022




151      reference thereto, subsection (6) of section 189.068, Florida
152      Statutes, is reenacted to read:
153               189.068        Special districts; authority for oversight;
154      general oversight review process.—
155               (6)         This section does not apply to a deepwater port listed
156      in s. 311.09(1) which is in compliance with a port master plan
157      adopted pursuant to s. 163.3178(2)(k), or to an airport
158      authority operating in compliance with an airport master plan
159      approved by the Federal Aviation Administration, or to any
160      special district organized to operate health systems and
161      facilities licensed under chapter 395, chapter 400, or chapter
162      429.
163               Section 4.         For the purpose of incorporating the amendment
164      made by this act to section 311.09, Florida Statutes, in
165      references thereto, subsection (1) and paragraphs (a) and (b) of
166      subsection (3) of section 311.07, Florida Statutes, are
167      reenacted to read:
168               311.07        Florida seaport transportation and economic
169      development funding.—
170               (1)         There is created the Florida Seaport Transportation
171      and Economic Development Program within the Department of
172      Transportation to finance port transportation or port facilities
173      projects that will improve the movement and intermodal
174      transportation of cargo or passengers in commerce and trade and
175      support the interests, purposes, and requirements of all ports

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         HB 907                                                                                                2022




176      listed in s. 311.09.
177               (3)(a)        Florida Seaport Transportation and Economic
178      Development Program funds shall be used to fund approved
179      projects on a 50-50 matching basis with any of the deepwater
180      ports, as listed in s. 311.09, which is governed by a public
181      body or any other deepwater port which is governed by a public
182      body and which complies with the water quality provisions of s.
183      403.061, the comprehensive master plan requirements of s.
184      163.3178(2)(k), and the local financial management and reporting
185      provisions of part III of chapter 218. However, program funds
186      used to fund projects that involve the rehabilitation of
187      wharves, docks, berths, bulkheads, or similar structures shall
188      require a 25-percent match of funds. Program funds also may be
189      used by the Seaport Transportation and Economic Development
190      Council for data and analysis that will assist Florida's
191      seaports and international trade.
192               (b)         Projects eligible for funding by grants under the
193      program are limited to the following port facilities or port
194      transportation projects:
195               1.      Transportation facilities within the jurisdiction of
196      the port.
197               2.      The dredging or deepening of channels, turning basins,
198      or harbors.
199               3.      The construction or rehabilitation of wharves, docks,
200      structures, jetties, piers, storage facilities, cruise

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201      terminals, automated people mover systems, or any facilities
202      necessary or useful in connection with any of the foregoing.
203               4.      The acquisition of vessel tracking systems, container
204      cranes, or other mechanized equipment used in the movement of
205      cargo or passengers in international commerce.
206               5.      The acquisition of land to be used for port purposes.
207               6.      The acquisition, improvement, enlargement, or extension
208      of existing port facilities.
209               7.      Environmental protection projects which are necessary
210      because of requirements imposed by a state agency as a condition
211      of a permit or other form of state approval; which are necessary
212      for environmental mitigation required as a condition of a state,
213      federal, or local environmental permit; which are necessary for
214      the acquisition of spoil disposal sites and improvements to
215      existing and future spoil sites; or which result from the
216      funding of eligible projects listed in this paragraph.
217               8.      Transportation facilities as defined in s. 334.03(30 )
218      which are not otherwise part of the Department of
219      Transportation's adopted work program.
220               9.      Intermodal access projects.
221               10.         Construction or rehabilitation of port facilities as
222      defined in s. 315.02, excluding any park or recreational
223      facilities, in ports listed in s. 311.09(1) with operating
224      revenues of $5 million or less, provided that such projects
225      create economic development opportunities, capital improvements,

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226      and positive financial returns to such ports.
227               11.         Seaport master plan or strategic plan development or
228      updates, including the purchase of data to support such plans.
229               Section 5.         For the purpose of incorporating the amendment
230      made by this act to section 311.09, Florida Statutes, in a
231      reference thereto, section 311.091, Florida Statutes, i s
232      reenacted to read:
233               311.091        Entry into public-private infrastructure project
234      agreements for port-related public infrastructure projects.—A
235      seaport listed in s. 311.09(1) may receive or solicit proposals
236      from and enter into a public-private infrastructure project
237      agreement with a private entity, or a consortium of private
238      entities, to build, operate, manage, maintain, or finance a
239      port-related public infrastructure project.
240               Section 6.         For the purpose of incorporating the amendment
241      made by this act to section 311.09, Florida Statutes, in
242      references thereto, subsections (1) and (2) of section 311.10,
243      Florida Statutes, are reenacted to read:
244               311.10        Strategic Port Investment Initiative.—
245               (1)         There is created the Strategic Port Investment
246      Initiative within the Department of Transportation. Beginning in
247      fiscal year 2012-2013, a minimum of $35 million annually shall
248      be made available from the State Transportation Trust Fund to
249      fund the Strategic Port Investment Initiative. The Department of
250      Transportation shall work with the deepwater ports listed in s.

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251      311.09 to develop and maintain a priority list of strategic
252      investment projects. Project selection shall be based on
253      projects that meet the state's economic development goal of
254      becoming a hub for trade, logistics, and export-oriented
255      activities by:
256               (a)         Providing important access and major on-port capacity
257      improvements;
258               (b)         Providing capital improvements to strategically
259      position the state to maximize opportunities in international
260      trade, logistics, or the cruise industry;
261               (c)         Achieving state goals of an integrated intermodal
262      transportation system; and
263               (d)         Demonstrating the feasibility and availability of
264      matching funds through local or private partners.
265               (2)         Prior to making final project allocations, the
266      Department of Transportation shall schedule a publicly noticed
267      workshop with the Department of Economic Opportunity and the
268      deepwater ports listed in s. 311.09 to review the proposed
269      projects. After considering the comments received, the
270      Department of Transportation shall finalize a prioritized list
271      of potential projects.
272               Section 7.         For the purpose of incorporating the amendment
273      made by this act to section 311.09, Florida Statutes, in a
274      reference thereto, subsection (2) of section 311.101, Florida
275      Statutes, is reenacted to read:

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276               311.101        Intermodal Logistics Center Infrastructure Support
277      Program.—
278               (2)         For the purposes of this section, the term "intermodal
279      logistics center," including, but not limited to, an "inland
280      port," means a facility or group of facilities serving as a
281      point of intermodal transfer of freight in a specific area
282      physically separated from a seaport where activities relating to
283      transport, logistics, goods distribution, consolidation, or
284      value-added activities are carried out and whose activities and
285      services are designed to support or be supported by conveyance
286      or shipping through one or more seaports listed in s. 311.09.
287               Section 8.         For the purpose of incorporating the amendment
288      made by this act to section 311.09, Florida Statutes, in
289      references thereto, paragraph (a) of subsection (2), subsection
290      (3), and paragraph (a) of subsection (6) of section 311.12,
291      Florida Statutes, are reenacted to read:
292               311.12        Seaport security.—
293               (2)         SECURITY PLAN.—
294               (a)         Each seaport listed in s. 311.09 shall adopt and
295      maintain a security plan specific to that seaport which provides
296      for a secure seaport infrastructure that promotes the safety and
297      security of state residents and visitors and the flow of
298      legitimate trade and travel.
299               (3)         SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
300      311.09 must clearly designate in seaport security plans, and

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301      clearly identify with appropriate signs and markers on the
302      premises of a seaport, all secure and restricted areas as
303      defined by 33 C.F.R. part 105.
304               (a)1.        All seaport employees and other persons working at
305      the seaport who have regular access to secure or restricted
306      areas must comply with federal access control regulations as
307      prescribed in this section.
308               2.      All persons and objects in secure and restricte d areas
309      are subject to search by a sworn state-certified law enforcement
310      officer, a Class D seaport security officer certified under
311      Maritime Transportation Security Act of 2002 guidelines, or an
312      employee of the seaport security force certified under the
313      Maritime Transportation Security Act of 2002 guidelines.
314               3.      Persons found in these areas without the proper
315      permission are subject to the trespass provisions of ss. 810.08
316      and 810.09.
317               (b)         The seaport must provide clear notice of the
318      prohibition against possession of concealed weapons and other
319      contraband material on the premises of the seaport. Any person
320      in a restricted area who has in his or her possession a
321      concealed weapon, or who operates or has possession or control
322      of a vehicle in or upon which a concealed weapon is placed or
323      stored, commits a misdemeanor of the first degree, punishable as
324      provided in s. 775.082 or s. 775.083. This paragraph does not
325      apply to active-duty certified federal or state law enforcement

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326      personnel or persons so designated by the seaport director in
327      writing.
328               (c)         During a period of high terrorist threat level, as
329      designated by the United States Department of Homeland Security,
330      the management or controlling authority of the port may
331      temporarily designate any part of the seaport property as a
332      secure or restricted area. The duration of such designation is
333      limited to the period in which the high terrorist threat level
334      is in effect or a port emergency exists.
335               (6)         GRANT PROGRAM.—
336               (a)         The Florida Seaport Transportation and Economic
337      Development Council shall establish a Seaport Security Grant
338      Program for the purpose of assisting in the implementation of
339      security plans and security measures at the seaports listed in
340      s. 311.09(1). Funds may be used for the purchase of equipment,
341      infrastructure needs, cybersecurity programs, and other security
342      measures identified in a seaport's approved federal security
343      plan. Such grants may not exceed 75 percent of the total cost of
344      the request and are subject to legislative appropriation.
345               Section 9.         For the purpose of incorporating the amendment
346      made by this act to section 311.09, Florida Statutes, in
347      references thereto, subsection (2) and paragraph (a) of
348      subsection (3) of section 311.121, Florida Statutes, are
349      reenacted to read:
350               311.121        Qualifications, training, and certification of

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351      licensed security officers at Florida seaports.—
352               (2)         The authority or governing board of each seaport
353      identified under s. 311.09 that is subject to the seaport
354      security standards referenced in s. 311.12 shall re quire that a
355      candidate for certification as a seaport security officer:
356               (a)         Has received a Class D license as a security officer
357      under chapter 493.
358               (b)         Has successfully completed the certified training
359      curriculum for a Class D license or has been determined by the
360      Department of Agriculture and Consumer Services to have
361      equivalent experience as established by rule of the department.
362               (c)         Has completed the training or training equivalency and
363      testing process established by this section for becoming a
364      certified seaport security officer.
365               (3)         The Seaport Security Officer Qualification, Training,
366      and Standards Coordinating Council is created under the
367      Department of Law Enforcement.
368               (a)         The executive director of the Department of Law
369      Enforcement shall appoint 11 members to the council, to include:
370               1.      The seaport administrator of the Department of Law
371      Enforcement.
372               2.      The Commissioner of Education or his or her designee.
373               3.      The director of the Division of Licensing of the
374      Department of Agriculture and Consumer Services.
375               4.      The administrator of the Florida Seaport Transportation

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376      and Economic Development Council.
377               5.      Two seaport security directors from seaports designated
378      under s. 311.09.
379               6.      One director of a state law enforcement academy.
380               7.      One representative of a local law enforcement agency.
381               8.      Two representatives of contract security services.
382               9.      One representative of the Department of Highway Safety
383      and Motor Vehicles.
384               Section 10.            For the purpose of incorporating the amendment
385      made by this act to section 311.09, Florida Statutes, in a
386      reference thereto, subsection (1) of section 311.14, Florida
387      Statutes, is reenacted to read:
388               311.14        Seaport planning.—
389               (1)         The Department of Transportation shall develop, in
390      coordination with the ports listed in s. 311.09(1) and other
391      partners, a Statewide Seaport and Waterways System Plan. This
392      plan shall be consistent with the goals of the Florida
393      Transportation Plan developed pursuant to s. 339.155 and shall
394      consider needs identified in individual port master plans and
395      those from the seaport strategic plans required under this
396      section. The plan will identify 5-year, 10-year, and 20-year
397      needs for the seaport system and will include seaport, waterway,
398      road, and rail projects that are needed to ensure t he success of
399      the transportation system as a whole in supporting state
400      economic development goals.

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401               Section 11.          For the purpose of incorporating the amendment
402      made by this act to section 311.09, Florida Statutes, in a
403      reference thereto, section 315.18, Florida Statutes, is
404      reenacted to read:
405               315.18      Confidentiality of certain records held by
406      deepwater ports.—Any proposal or counterproposal exchanged
407      between a deepwater port listed in s. 311.09(1) and any
408      nongovernmental entity, relating to the sale, use, or lease of
409      land or of port facilities, and any financial records submitted
410      by any nongovernmental entity to such a deepwater port for the
411      purpose of the sale, use, or lease of land or of port
412      facilities, are confidential and exempt from s. 119.07(1) and s.
413      24(a), Art. I of the State Constitution. However, 30 days before
414      any such proposal or counterproposal is considered for approval
415      by the governing body of such a deepwater port, the proposal or
416      counterproposal shall cease to be exempt. If no proposal or
417      counterproposal is submitted to the governing body for approval,
418      such a proposal or counterproposal shall cease to be exempt 90
419      days after the cessation of negotiations.
420               Section 12.          For the purpose of incorporating the amendment
421      made by this act to section 311.09, Florida Statutes, in
422      references thereto, subsections (3) and (4) of section 320.20,
423      Florida Statutes, are reenacted to read:
424               320.20      Disposition of license tax moneys.—The revenue
425      derived from the registration of motor vehicles, including an y

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426      delinquent fees and excluding those revenues collected and
427      distributed under the provisions of s. 320.081, must be
428      distributed monthly, as collected, as follows:
429               (3)         Notwithstanding any other provision of law except
430      subsections (1) and (2), $15 million shall be deposited annually
431      into the State Transportation Trust Fund solely for the purposes
432      of funding the Florida Seaport Transportation and Economic
433      Development Program as provided in chapter 311. Such revenues
434      shall be distributed on a 50-50 matching basis to any port
435      listed in s. 311.09(1) to be used for funding projects as
436      described in s. 311.07(3)(b). Such revenues may be assigned,
437      pledged, or set aside as a trust for the payment of principal or
438      interest on bonds, tax anticipation certificates, or any other
439      form of indebtedness issued by an individual port or appropriate
440      local government having jurisdiction thereof, or collectively by
441      interlocal agreement among any of the ports, or used to purchase
442      credit support to permit such borrowings. However, such debt is
443      not a general obligation of the state. The state covenants with
444      holders of such revenue bonds or other instruments of
445      indebtedness issued that it will not repeal or impair or amend
446      in any manner that will materially and adversely affect the
447      rights of such holders so long as bonds authorized by this
448      section are outstanding. Any revenues that are not pledged to
449      the repayment of bonds authorized by this section may be used
450      for purposes authorized under the Florida Seaport Transportation

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451      and Economic Development Program. This revenue source is in
452      addition to any amounts provided and appropriated in accordance
453      with s. 311.07. The Florida Seaport Transportation and Economic
454      Development Council shall approve the distribution of funds to
455      ports for projects that have been approved pursuant to s.
456      311.09(5)-(8). The council and the Department of Transportation
457      may perform acts required to facilitate and implement this
458      subsection. To better enable the ports to cooperate to their
459      mutual advantage, the governing body of each port may exercise
460      powers provided to municipalities or counties in s. 163.01(7)(d)
461      subject to chapter 311 and special acts, if any, pertaining to a
462      port. The use of funds provided pursuant to this subsection are
463      limited to eligible projects listed in this subsection. Income
464      derived from a project completed with the use of program funds,
465      beyond operating costs and debt service, is restricted solely to
466      further port capital improvements consistent with maritime
467      purposes. Use of such income for nonmaritime purposes is
468      prohibited. The revenues available under this subsection may not
469      be pledged to the payment of any bonds other than the Florida
470      Ports Financing Commission Series 1996 and Series 1999 Bonds
471      currently outstanding; however, such revenues may be pledged to
472      secure payment of refunding bonds to refinance the Florida Ports
473      Financing Commission Series 1996 and Series 1999 Bonds.
474      Refunding bonds secured by revenues available under this
475      subsection may not be issued with a final maturity later than

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476      the final maturity of the Florida Ports Financing Commission
477      Series 1996 and Series 1999 Bonds or which provide for higher
478      debt service in any year than is currently payable on such
479      bonds. Any revenue bonds or other indebtedness issued after July
480      1, 2000, other than refunding bonds shall be issued by the
481      Division of Bond Finance at the request of the Department of
482      Transportation pursuant to the State Bond Act.
483               (4)         Notwithstanding any other provision of law except
484      subsections (1), (2), and (3), $10 million shall be deposited
485      annually into the State Transportation Trust Fund solely for the
486      purposes of funding the Florida Seaport Transportation and
487      Economic Development Program as provided in chapter 311 and for
488      funding seaport intermodal access projects of statewide
489      significance as provided in s. 341.053. Such revenues shall be
490      distributed to any port listed in s. 311.09(1), to be used for
491      funding projects as follows:
492               (a)         For any seaport intermodal access projects that are
493      identified in the 1997-1998 Tentative Work Program of the
494      Department of Transportation, up to the amounts needed to offset
495      the funding requirements of this section.
496               (b)         For seaport intermodal access projects as described in
497      s. 341.053(6) which are identified in the 5-year Florida Seaport
498      Mission Plan as provided in s. 311.09(3). Funding for such
499      projects shall be on a matching basis as mutually determined by
500      the Florida Seaport Transportation and Economic Development

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501      Council and the Department of Transportation if a minimum of 25
502      percent of total project funds come from any port funds, local
503      funds, private funds, or specifically earmarked federal funds.
504               (c)         On a 50-50 matching basis for projects as described in
505      s. 311.07(3)(b).
506               (d)         For seaport intermodal access projects that involve
507      the dredging or deepening of channels, turning basins, or
508      harbors; or the rehabilitation of wharves, docks, or similar
509      structures. Funding for such projects requires a 25 percent
510      match of the funds received pursuant to this subsection.
511      Matching funds must come from port funds, federal funds, local
512      funds, or private funds.
513
514      Such revenues may be assigned, pledged, or set aside as a trust
515      for the payment of principal or interest on bonds, tax
516      anticipation certificates, or other form of indebtedness issued
517      by an individual port or appropriate local government having
518      jurisdiction thereof, or collectively by interlocal agreement
519      among any of the ports, or used to purchase credit support to
520      permit such borrowings. However, such debt is not a general
521      obligation of the state. This state covenants with holders of
522      such revenue bonds or other instruments of indebtedness issued
523      hereunder that it will not repeal, impair, or amend this
524      subsection in a manner that will materially and adversely affect
525      the rights of holders while bonds authorized by this subsection

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526      remain outstanding. Revenues that are not pledged to the
527      repayment of bonds as authorized by this section may be used for
528      purposes authorized under the Florida Seaport Transportation and
529      Economic Development Program. This revenue source is in addition
530      to any amounts provided for and appropriated in accordance with
531      s. 311.07 and subsection (3). The Florida Seaport Transportation
532      and Economic Development Council shall approve distribution of
533      funds to ports for projects that have been approved pursuant to
534      s. 311.09(5)-(8), or for seaport intermodal access projects
535      identified in the 5-year Florida Seaport Mission Plan as
536      provided in s. 311.09(3) and mutually agreed upon by the Florida
537      Seaport Transportation and Economic Development Council and the
538      Department of Transportation. All contracts for actual
539      construction of projects authorized by this subsection must
540      include a provision encouraging employment of participants in
541      the welfare transition program. The goal for such emp loyment is
542      25 percent of all new employees employed specifically for the
543      project, unless the Department of Transportation and the Florida
544      Seaport Transportation and Economic Development Council
545      demonstrate that such a requirement would severely hamper the
546      successful completion of the project. In such an instance,
547      CareerSource Florida, Inc., shall establish an appropriate
548      percentage of employees who are participants in the welfare
549      transition program. The council and the Department of
550      Transportation may perform such acts as are required to

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551      facilitate and implement the provisions of this subsection. To
552      better enable the ports to cooperate to their mutual advantage,
553      the governing body of each port may exercise powers provided to
554      municipalities or counties in s. 163.01(7)(d) subject to the
555      provisions of chapter 311 and special acts, if any, pertaining
556      to a port. The use of funds provided pursuant to this subsection
557      is limited to eligible projects listed in this subsection. The
558      revenues available under this subsection may not be pledged to
559      the payment of any bonds other than the Florida Ports Financing
560      Commission Series 1996 and Series 1999 Bonds currently
561      outstanding; however, such revenues may be pledged to secure
562      payment of refunding bonds to refinance the Florida Ports
563      Financing Commission Series 1996 and Series 1999 Bonds.
564      Refunding bonds secured by revenues available under this
565      subsection may not be issued with a final maturity later than
566      the final maturity of the Florida Ports Financing Commission
567      Series 1996 and Series 1999 Bonds and may not provide for higher
568      debt service in any year than is currently payable on such
569      bonds. Any revenue bonds or other indebtedness issued after July
570      1, 2000, other than refunding bonds shall be issued by the
571      Division of Bond Finance at the request of the Department of
572      Transportation pursuant to the State Bond Act.
573               Section 13.          For the purpose of incorporating the amendment
574      made by this act to section 311.09, Florida Statutes, in a
575      reference thereto, subsection (1) of section 334.27, Florida

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576      Statutes, is reenacted to read:
577               334.27        Governmental transportation entities; property
578      acquired for transportation purposes; limitation on soil or
579      groundwater contamination liability.—
580               (1)         For the purposes of this section, the term
581      "governmental transportation entity" means the department; an
582      authority created pursuant to chapter 343, chapter 348, or
583      chapter 349; airports as defined in s. 332.004(14); a port
584      enumerated in s. 311.09(1); a county; or a municipality.
585               Section 14.            For the purpose of incorporating the amendment
586      made by this act to section 311.09, Florida Statutes, in a
587      reference thereto, subsection (7) of section 337.14, Florida
588      Statutes, is reenacted to read:
589               337.14        Application for qualification; certificate of
590      qualification; restrictions; request for hearing.—
591               (7)         A "contractor" as defined in s. 337.165(1)(d) or his
592      or her "affiliate" as defined in s. 337.165(1)(a) qualified with
593      the department under this section may not also qualify under s.
594      287.055 or s. 337.105 to provide testing services, construction,
595      engineering, and inspection services to the department. This
596      limitation does not apply to any design-build prequalification
597      under s. 337.11(7) and does not apply when the department
598      otherwise determines by written order entered at least 30 days
599      before advertisement that the limitation is not in the best
600      interests of the public with respect to a particular contract

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         HB 907                                                                                                2022




601      for testing services, construction, engineering, and inspection
602      services. This subsection does not authorize a contractor to
603      provide testing services, or provide construction, engineering,
604      and inspection services, to the department in connection with a
605      construction contract under which the contractor is performing
606      any work. Notwithstanding any other provision of law to the
607      contrary, for a project that is wholly or partially funded by
608      the department and administered by a local governmental entity,
609      except for a seaport listed in s. 311.09 or an airport as
610      defined in s. 332.004, the entity performing design and
611      construction engineering and inspection services may not be the
612      same entity.
613               Section 15.            For the purpose of incorporating the amendment
614      made by this act to section 311.09, Florida Statutes, in a
615      reference thereto, subsection (12) of section 373.406, Florid a
616      Statutes, is reenacted to read:
617               373.406        Exemptions.—The following exemptions shall apply:
618               (12)        An overwater pier, dock, or a similar structure
619      located in a deepwater port listed in s. 311.09 is not
620      considered to be part of a stormwater management system for
621      which this chapter or chapter 403 requires stormwater from
622      impervious surfaces to be treated if:
623               (a)         The port has a stormwater pollution prevention plan
624      for industrial activities pursuant to the National Pollutant
625      Discharge Elimination System Program; and

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         HB 907                                                                                                2022




626               (b)         The stormwater pollution prevention plan also provides
627      similar pollution prevention measures for other activities that
628      are not subject to the National Pollutant Discharge Elimination
629      System Program and that occur on the port's overwater piers,
630      docks, and similar structures.
631               Section 16.             For the purpose of incorporating the amendment
632      made by this act to section 311.09, Florida Statutes, in
633      references thereto, subsections (2) and (10) of section
634      373.4133, Florida Statutes, are reenacted to read:
635               373.4133           Port conceptual permits.—
636               (2)         Any port listed in s. 311.09(1) may apply to the
637      department for a port conceptual permit, including any
638      applicable authorization under chapter 253 to use sovereignty
639      submerged lands under a joint coastal permit pursuant to s.
640      161.055 or an environmental resource permit issued pursuant to
641      this part, for all or a portion of the area within the
642      geographic boundaries of the port. A private entity with a
643      controlling interest in property used for private industrial
644      marine activities in the immediate vicinity of a port listed in
645      s. 311.09(1) may also apply for a port conceptual permit under
646      this section. A port conceptual permit may be issued for a
647      period of up to 20 years and extended one time for an additional
648      10 years. A port conceptual permit constitutes the state's
649      conceptual certification of compliance with state water quality
650      standards for purposes of s. 401 of the Clean Water Act and the

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         HB 907                                                                                                2022




651      state's conceptual determination that the activities contained
652      in the port conceptual permit are consistent with the state
653      coastal zone management program.
654               (10)        In lieu of meeting the generally applicable
655      stormwater design standards in rules adopted under this part,
656      which create a presumption that stormwater discharged from the
657      system will meet the applicable state water quality standards in
658      the receiving waters, any port listed in s. 311.09(1) may
659      propose alternative stormwater treatment and design criteria for
660      the construction, operation, and maintenance of stormwater
661      management systems serving overwater piers. The proposal shall
662      include such structural components or best management practices
663      to address the stormwater discharge from the pier, including
664      consideration of activities conducted on the pier, as are
665      necessary to provide reasonable assurance that stormwater
666      discharged from the system will meet the applicable state water
667      quality standards in the receiving waters.
668               Section 17.             For the purpose of incorporating the amendment
669      made by this act to section 311.09, Florida Statutes, in a
670      reference thereto, paragraph (d) of subsection (6) of section
671      373.4136, Florida Statutes, is reenacted to read:
672               373.4136           Establishment and operation of mitigation banks. —
673               (6)         MITIGATION SERVICE AREA.—The department or water
674      management district shall establish a mitigation service area
675      for each mitigation bank permit. The department or water

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         HB 907                                                                                                2022




676      management district shall notify and consider comments received
677      on the proposed mitigation service area from each local
678      government within the proposed mitigation service area. Except
679      as provided herein, mitigation credits may be withdrawn and used
680      only to offset adverse impacts in the mitigation service area.
681      The boundaries of the mitigation service area shall depend upon
682      the geographic area where the mitigation bank could reasonably
683      be expected to offset adverse impacts. Mitigation service areas
684      may overlap, and mitigation service areas for two or more
685      mitigation banks may be approved for a regional watershed.
686               (d)         If the requirements in s. 373.414(1)(b) and (8) are
687      met, the following projects or activities regulated under this
688      part shall be eligible to use a mitigation bank, regardless of
689      whether they are located within the mitigation service area:
690               1.      Projects with adverse impacts partially located within
691      the mitigation service area.
692               2.      Linear projects, such as roadways, transmission lines,
693      distribution lines, pipelines, railways, or seaports listed in
694      s. 311.09(1).
695               3.      Projects with total adverse impacts of less than 1 acre
696      in size.
697               Section 18.            For the purpose of incorporating the amend ment
698      made by this act to section 311.09, Florida Statutes, in
699      references thereto, subsections (38) and (39) of section
700      403.061, Florida Statutes, are reenacted to read:

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         HB 907                                                                                                2022




701               403.061        Department; powers and duties.—The department
702      shall have the power and the duty to control and prohibit
703      pollution of air and water in accordance with the law and rules
704      adopted and promulgated by it and, for this purpose, to:
705               (38)        Provide a supplemental permitting process for the
706      issuance of a joint coastal permit pursuant to s. 1 61.055 or
707      environmental resource permit pursuant to part IV of chapter
708      373, to a port listed in s. 311.09(1), for maintenance dredging
709      and the management of dredged materials from maintenance
710      dredging of all navigation channels, port harbors, turning
711      basins, and harbor berths. Such permit shall be issued for a
712      period of 5 years and shall be annually extended for an
713      additional year if the port is in compliance with all permit
714      conditions at the time of extension. The department is
715      authorized to adopt rules to implement this subsection.
716               (39)        Provide a supplemental permitting process for the
717      issuance of a conceptual joint coastal permit pursuant to s.
718      161.055 or environmental resource permit pursuant to part IV of
719      chapter 373, to a port listed in s. 311.09(1), for dredging and
720      the management of materials from dredging and for other related
721      activities necessary for development, including the expansion of
722      navigation channels, port harbors, turning basins, harbor
723      berths, and associated facilities. Such permit shal l be issued
724      for a period of up to 15 years. The department is authorized to
725      adopt rules to implement this subsection.

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         HB 907                                                                                                2022




726
727      The department shall implement such programs in conjunction with
728      its other powers and duties and shall place special emphasis on
729      reducing and eliminating contamination that presents a threat to
730      humans, animals or plants, or to the environment.
731               Section 19.          This act shall take effect July 1, 2022.




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      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                       HB 907 by Rep. Payne
 Florida Seaport Transportation and Economic Development Council

                            AMENDMENT SUMMARY
                               January 25, 2022


Amendment 1 by Rep. Payne (Line 63):

  •   Clarifies that the feasibility study for a port in Putnam County must examine the
      economic, technical, and operational viability of the port.
  •   Requires the Florida Seaport Transportation and Economic Development Council
      to review the feasibility study and make a determination regarding the viability of
      a port in Putnam County.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 907   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Payne offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 63-70 and insert:
 7     Development Council to perform a study examining the economic,
 8     technical, and operational viability of the establishment of a
 9     port in Putnam County. The council shall evaluate the grant
10     application pursuant to subsections (5)–(8) and, if approved,
11     the Department of Transportation must include the feasibility
12     study in its budget request pursuant to subsection (9). The
13     council shall review the study upon completion to determine if a
14     port in Putnam County is viable. If the council does not approve
15     the study, the membership of Putnam County on the council must
16     terminate.
     321751 - h0907-line 63.docx
      Published On: 1/24/2022 5:17:09 PM
                                   Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 907   (2022)
       Amendment No. 1


17
18           -----------------------------------------------------
19                       T I T L E   A M E N D M E N T
20          Remove line 13 and insert:
21     circumstances; requiring the council to review the study and
22     make a determination; terminating the membership of Putnam




     321751 - h0907-line 63.docx
      Published On: 1/24/2022 5:17:09 PM
                                   Page 2 of 2
HB 1005
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1005 Advanced Air Mobility
SPONSOR(S): Fischer
TIED BILLS:       IDEN./SIM. BILLS: SB 728

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Neuffer            Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                              SUMMARY ANALYSIS
The bill creates the Advanced Air Mobility Study Task Force (task force), adjunct to the Florida Department of
Transportation (FDOT), to study the current state of development of the advanced air mobility industry and
related laws and regulations. The bill instructs composition of the task force to include the FDOT secretary, or
the secretary’s designee, as the chair. The bill sets forth additional members to be on the task force, either by
designation within the bill or by appointment of the Governor. Appointed members serve at the pleasure of the
respective appointing authority.

The task force is directed to hold public hearings in locations throughout the state, or by electronic means, and
receive public comments through a website or by email. Specifically, the task force must focus on:
        The deployment of VTOL aircraft, defined within the bill as aircraft capable of taking off and landing
           vertically without the use of a runway.
        Identification and discussion of federal requirements which must be met in order to deploy
           advanced air mobility in the state.
        Recommendations for revisions to current state law which impact the advanced air mobility
           industry, such as revisions to create jurisdictional consistency for industry operations across the
           state.
        Collaboration with local governments to evaluate potential integration of advanced air mobility into
           transportation plans.

By October 1, 2023, the task force must submit its report of the findings and recommendations to the
Governor, President of the Senate, and Speaker of the House. Any additional material which the task force
deems appropriate may also be included in the report. Upon submission of the report, the task force is
abolished.

The bill does not impact state or local government revenues. The bill does not specify the source of funding or
staffing for the task force.

The bill provides for its expiration on December 31, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1005.TIE
DATE: 1/22/2022
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Vertical takeoff and landing (VTOL) aircraft are able to take off and land without the use of a runway.
        Their ability to maneuver in smaller spaces offers new opportunities for mobility. Electric VTOL
        (eVTOL) aircraft, offer the additional qualities of reduced environmental impact and noise pollution.
        EVTOL aircraft are large enough to carry passengers without conventional helicopter flight controls. 1
        The aircraft uses electric propulsion to lift and move itself through the air. The current direction of the
        industry suggests the intended use of eVTOL aircraft for urban air mobility, drone delivery, and various
        industrial applications.2

        At present, VTOL aircraft, particularly eVTOL aircraft, remain in the developmental stage. The Federal
        Aviation Administration (FAA) has approved certain types of VTOL aircraft, such as helicopters, for
        commercial use. To date, no eVTOL aircraft have received final FAA approval. Agreements have been
        made between private entities and FAA for G1 certification, which is the first step towards final
        approval.3 It is unclear when the first eVTOL will receive final FAA certification, with Joby Aviation
        claiming it still has “several years of aircraft testing ahead of [it].”4

        One company, Lilium, has announced plans to build an eVTOL port in Lake Nona, Florida, with an
        estimated completion date of 2025.5 The City of Orlando has declared this site as the country’s first
        urban and regional air mobility network.6 Lilium’s goal is to connect more than 20 million Floridians
        within a 186-mile radius, serving several major cities, and create more than 100 jobs in the Orlando
        area with hundreds more following across the state. The company created a “vertiport” architecture for
        its newly proclaimed hub which it claims will offer functional and aesthetically unique characteristics
        that can easily be incorporated into existing transportation structures in both urban and suburban
        developments.7

        Effect of the Bill

        The bill creates the Advanced Air Mobility Study Task Force (task force), adjunct to the Florida
        Department of Transportation (FDOT), to study the advanced air mobility industry’s current state of
        development and related laws and regulations. Task force members are not provided compensation for
        their service but are entitled to receive reimbursement for per diem and travel expenses pursuant to s.
        112.061, F.S.8 The task force is composed of the following members:
             The secretary of FDOT or the secretary’s designee, serving as chair of the task force.
             One member of the Senate, appointed by the Senate President.
             One member of the House of Representatives, appointed by the House Speaker.
             The executive director of the Florida League of Cities or the director’s designee.
             The executive director of the Florida Association of Counties or the director’s designee.
             The president of Space Florida or the president’s designee.

1 See Vertical Flight Society, https://evtol.news/ (last visited January
                                                                       21, 2022).
2 See NASA, Fixed Wing Angle eVTOL,        https://technology.nasa.gov/patent/LAR-TOPS-338 (last visited January 21,
2022).
3 See Archer Aviation, FAA Approves G-1 Certification Basis for Archer, Propelling it Forward on its Path to FAA Type

Certification, GlobeNewswire (September 7, 2021), https://www.globenewswire.com/ (last visited January 20, 2022).
4 See Grace Nehls, Joby Aviation accelerates eVTOL aircraft certification, CompositesWorld (February 9, 2021),

https://www.compositesworld.com/news/joby-aviation-accelerates-evtol-aircraft-certification (last visited January 21,
2022).
5 See Lilium, Lilium partners with Tavistock development and City of Orlando to establish first region in the US,

https://lilium.com/newsroom-detail/lilium-partners-wit h-tavistock-and-orlando (last visited January 21, 2022).
6 Id.
7 Id.
8 See s. 112.061, F.S. (governing per diem and travel expenses of public officers, employees, and authorized persons).
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              Fourteen members appointment by the Governor, including:
                  o Two members, each representing a different city having a population of more than
                      250,000 persons.
                  o One member representing a city having a population of fewer than 250,000 persons.
                  o One member representing a metropolitan planning organization.
                  o One member representing the State University System.
                  o Three members representing the advanced air mobility industry.
                  o Two members representing the business community.
                  o One member representing an organization in the state which advocates for persons with
                      disabilities.
                  o One member representing an organization in the state which advocates for underserved
                      transportation areas.
                  o One member representing a public airport located in a county having a population of
                      more than 1 million persons.
                  o One member representing a public airport located in a county having a population of
                      fewer than 1 million persons.

       All appointed members serve at the pleasure of the appointing authority.

       The task force is directed to hold public hearings in locations throughout the state, or by electronic
       means, and receive public comments through a website or by email. Specifically, the task force must
       focus on:
            The deployment of VTOL aircraft, defined within the bill as aircraft capable of taking off and
              landing vertically without the use of a runway.
            Identification and discussion of federal requirements which must be met to deploy advanced air
              mobility in the state.
            Recommendations for revisions to current state law which impact the advanced air mobility
              industry, such as revisions to create jurisdictional consistency for industry operations across the
              state.
            Collaboration with local governments to evaluate potential integration of advanced air mobility
              into transportation plans.

       After completion of its review, but before October 1, 2023, the task force must submit a report of its
       findings and recommendations to the Governor, President of the Senate, and Speaker of the House.
       Any additional material which the task force deems appropriate may also be included in the report.
       Upon submission of the report, the task force is abolished.

       The bill provides for its expiration on December 31, 2023.


   B. SECTION DIRECTORY:
       Section 1          Creates the Advanced Air Mobility Study Task Force; providers for membership and
                          duties.

       Section 2          Provides an effective date.




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DATE: 1/22/2022
                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           Indeterminate. See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The bill does not specify the source of funding or staffing for the task force.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill does not specify if FDOT will assume responsibility for the expenses incurred by the task force
       and its members.

       Clarification as to the type of electronic meetings permitted would allow a better understanding of in-
       person meeting alternatives for members of the task force and the public.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.

STORAGE NAME: h1005.TIE                                                                                   PAGE: 4
DATE: 1/22/2022
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           HB 1005                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to advanced air mobility; creating the
    3                Advanced Air Mobility Study Task Force adjunct to the
    4                Department of Transportation; specifying the
    5                composition of the task force; providing that task
    6                force members serve at the pleasure of their
    7                appointing authority; providing that task force
    8                members shall serve without compensation but are
    9                entitled to certain reimbursement; specifying duties
10                   of the task force; defining the term "VTOL aircraft";
11                   requiring the task force to submit a certain report to
12                   the Governor and the Legislature by a specified date;
13                   providing for abolishment of the task force; providing
14                   for expiration; providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                   Section 1.       Advanced Air Mobility Study Task Force.—
19                   (1)       The Advanced Air Mobility Study Task Force, a task
20         force as defined in s. 20.03(8), Florida Statutes, is created
21         adjunct to the Department of Transportation. The task force is
22         composed of the following members:
23                   (a)       The secretary of the Department of Transportation or
24         the secretary's designee, who shall serve as chair of the task
25         force.

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        HB 1005                                                                                               2022




26                (b)       One member of the Senate appointed by the President of
27      the Senate.
28                (c)       One member of the House of Representatives appointed
29      by the Speaker of the House of Representatives.
30                (d)       The executive director of the Florida League of Cities
31      or the director's designee.
32                (e)       The executive director of the Florida Association of
33      Counties or the director's designee.
34                (f)       The president of Space Florida or the president's
35      designee.
36                (g)       Appointed by the Governor:
37                1.    Two members, each representing a different city having
38      a population of more than 250,000 persons.
39                2.    One member representing a city having a population of
40      fewer than 250,000 persons.
41                3.    One member representing a metropolitan planning
42      organization.
43                4.    One member representing the State University System.
44                5.    Three members representing the advanced air mobility
45      industry.
46                6.    One member representing an organization in this state
47      which advocates for persons with disabilities.
48                7.    Two members representing the business community.
49                8.    One member representing an organization in this state
50      which advocates for underserved transportation areas.

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        HB 1005                                                                                               2022




51                9.    One member representing a public airport located in a
52      county having a population of more than 1 million persons.
53                10.       One member representing a public airport located in a
54      county having a population of fewer than 1 million persons.
55                (2)       Appointed members shall serve at the pleasure of the
56      appointing authority.
57                (3)       Task force members shall serve without compensation
58      but are entitled to receive reimbursement for per d iem and
59      travel expenses pursuant to s. 112.061, Florida Statutes.
60                (4)       The task force shall hold public hearings in locations
61      throughout this state, or by electronic means, and receive
62      public comments through a website or by mail. The task force
63      shall:
64                (a)       Assess and describe the current state of development
65      of the advanced air mobility industry, specifically, deployment
66      of VTOL aircraft. As used in this section, the term "VTOL
67      aircraft" means aircraft capable of taking off and landing
68      vertically without use of a runway.
69                (b)       Identify and discuss any federal requirements that
70      must be met for deployment of advanced air mobility in this
71      state.
72                (c)       Recommend any revisions to current state law that may
73      impact the advanced air mobility industry, including, but not
74      limited to, any revisions that would create jurisdictional
75      consistency for advanced air mobility operations throughout this

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        HB 1005                                                                                               2022




76      state.
77                (d)       Collaborate with local governments to evaluate
78      potential integration of advanced air mobility into
79      transportation plans. Such collaboration shall be summarized in
80      the report submitted pursuant to subsection (5).
81                (5)       By October 1, 2023, the task force shall submit to the
82      Governor, the President of the Senate, and the Speaker of the
83      House of Representatives a report including the information
84      specified in subsection (4), as well as any other relevant
85      material deemed appropriate by the task force. Upon submission
86      of the report, the task force is abolished.
87                (6)       This section expires December 31, 2023.
88                Section 2.       This act shall take effect July 1, 2022.




                                                      Page 4 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1005-00
       TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                             HB 1005 by Rep. Fischer
                              Advanced Air Mobility

                             AMENDMENT SUMMARY
                                January 25, 2022


Amendment 1 by Rep. Fischer (line 57):

   •   Clarifies that task force members will be reimbursed from the State
       Transportation Trust Fund for reasonable and necessary travel and per diem
       expenses incurred in serving.
   •   Specifies that the Department of Transportation shall provide staff, assistance,
       and facilities as are deemed necessary for the task force.
   •   Clarifies that the chair of the task force will determine the time and location of
       meetings.
   •   Specifies that eVTOL aircraft are the focus of the task force and defines eVTOL.
   •   Clarifies the matters to be addressed by the task force.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1005   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Fischer offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 57-86 and insert:
 7          (3)    Task force members shall serve without compensation
 8     but are entitled to reimbursement for reasonable and necessary
 9     per diem and travel expenses incurred in the performance of
10     their duties as provided in s. 112.061, Florida Statutes.
11          (4)    The Department of Transportation shall provide staff,
12     assistance, and facilities as are deemed necessary for the task
13     force to perform its duties. Funding for the task force shall be
14     paid from the State Transportation Trust Fund.
15          (5)    The committee shall meet at the time and location as
16     the chair determines. The task force shall hold public hearings
     691859 - h1005-line57.TIE.docx
      Published On: 1/24/2022 5:14:24 PM
                                   Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1005   (2022)
       Amendment No. 1


17     and receive public comment in locations throughout this state,
18     or by electronic means, such as teleconference, provided that a
19     means for active participation is accommodated.
20          (6)   The task force shall:
21          (a)   Assess and describe the current state of development
22     of the advanced air mobility industry, specifically, the
23     deployment of eVTOL aircraft. As used in this section, the term
24     "eVTOL aircraft" means a type of aircraft that uses electric
25     power to hover, take off, and land vertically without a runway.
26          (b)   Identify federal, state, and local laws, rules,
27     regulations, and other requirements that may impact the
28     development of the advanced air mobility industry in this state,
29     including the potential deployment of eVTOL aircraft and
30     infrastructure.
31          (c)   Recommend any changes to state laws and regulations
32     necessary to facilitate the continued development of the
33     advanced air mobility industry and deployment of eVTOL aircraft
34     and infrastructure in this state.
35          (d)   Evaluate the potential integration of advanced air
36     mobility into local government transportation plans.
37          (7)   By October 1, 2023, the task force shall submit to the
38     Governor, the President of the Senate, and the Speaker of the
39     House of Representatives a report including the information,
40     findings, and recommendations required pursuant to subsection
41     (6) and any other relevant material deemed appropriate by the
     691859 - h1005-line57.TIE.docx
      Published On: 1/24/2022 5:14:24 PM
                                  Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1005   (2022)
       Amendment No. 1


42     task force. Upon submission of the report, the task force is
43     abolished.
44
45           -----------------------------------------------------
46                         T I T L E   A M E N D M E N T
47          Remove lines 9-10 and insert:
48     entitled to certain reimbursement; providing for task force
49     funding; specifying duties of the task force; defining the term
50     "eVTOL aircraft";




     691859 - h1005-line57.TIE.docx
      Published On: 1/24/2022 5:14:24 PM
                                   Page 3 of 3
HB 1121
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1121 Pub. Rec./Crash Reports and Traffic Citations
SPONSOR(S): Brannan
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 1614

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

    2) Government Operations Subcommittee

    3) Commerce Committee


                                               SUMMARY ANALYSIS
Under current law, motor vehicle crash reports held by agencies that regularly receive or prepare motor vehicle
crash reports are exempt from disclosure as public records for 60 days after the reports have been filed. The
statute provides a list of entities that may receive crash reports during that 60-day period. Under current law,
traffic citations are considered public records.

The bill revises the public record exemption for written crash reports to:
    Provide that the exemption applies to crash reports held by any agency subject to the public record law.
    Create a permanent exemption for such crash reports beyond the current 60-day limit.
    Revise the list of entities to which the report may be made available.
    Require certain entities to enter into memoranda of understanding in order to obtain such information;
    Revise conditions required to access the report.
    Exempt certain computerized crash report data.

The bill also creates a public record exemption for certain driver information contained in a traffic citation and
authorizes the release of this information as provided in the federal Driver Privacy Protection Act.

The bill also provides these the public record exemptions are subject to repeal under the Open Government
Sunset Review Act unless the Legislature reviews and reenacts the exemptions by specified dates.

The bill provides a public necessity statement for each exemption as required by the Florida Constitution.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1121.TIE
DATE: 1/22/2022
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Public Records

          Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
          government records. This section guarantees every person a right to inspect or copy any public record
          of the legislative, executive, and judicial branches of government. The Legislature, however, may
          provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
          Florida Constitution.1 The general law must state with specificity the public necessity justifying the
          exemption2 and must be no broader than necessary to accomplish its purpose. 3

          Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
          which guarantees every person a right to inspect and copy any state, county, or municipal record,
          unless the record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a
          public record or public meeting exemption may be created or maintained only if it serves an identifiable
          public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
               Allow the state or its political subdivisions to effectively and efficiently administer a
                  governmental program, which administration would be significantly impaired without the
                  exemption.
               Protect sensitive personal information that, if released, would be defamatory or would
                  jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                  under this provision.
               Protect trade or business secrets.5

          Federal Driver Privacy Protection Act

          Motorist personal information, when held by the Department of Highway Safety and Motor Vehicles
          (DHSMV) in motor vehicle records, is confidential pursuant to the federal Driver Privacy Protection Act
          (DPPA).6 Personal information covered by the DPPA include: social security number, driver license or
          identification card number, name, address, telephone number and a person’s medical or disability
          information.7

          Under DPPA, personal information in motor vehicle and driver license records may be released for the
          following purposes:8
                For use by any government agency, including any court or law enforcement agency, in c arrying
                  out its functions, or any private person or entity acting on behalf of a government agency in
                  carrying out its functions;
                For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle
                  emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of
                  motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities; and
                  removal of non-owner records from the original owner records of motor vehicle manufacturers;


1 Article I, s. 24(c), FLA. C ONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Article I. s. 24(c), FLA. C ONST.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S.
7 Department of Highway Safety and Motor Vehicles (DHSMV), Privacy Statement Driver Privacy Protection Act, available at

https://www.flhsmv.gov/privacy-statement/driver-privacy-protection-act/ (last visited on Jan. 13, 2022).
818 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S. ; Florida Department of Highway Safety and Motor Vehicles forms HSMV 90511

(Revised 11/19) available at https://www.flhsmv.gov/pdf/forms/90511.pdf (last visited Jan. 13, 2022) an d HSMV 90510 (Revised 03/19)
available at https://www.flhsmv.gov/pdf/forms/90510.pdf (last visited Jan. 13, 2022).
STORAGE NAME: h1121.TIE                                                                                                     PAGE: 2
DATE: 1/22/2022
                  For use in the normal course of business by a legitimate business or its agents, employees, or
                   contractors, to verify the accuracy of personal information submitted by the individual, and if
                   such information is incorrect, to obtain the correct information, but only for the purposes of
                   preventing fraud by, pursuing legal remedies against, or recovering on a debt or security
                   interest against, the individual;
                  For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court
                   or agency or before any self-regulatory body, including service of process, investigation in
                   anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to
                   an order of a court;
                  For use in research activities and producing statistical reports;
                  For use by any insurer or insurance support organization, or by a self-insured entity, or its
                   agents, employees, or contractors, in connection with claims investigation activities, antifraud
                   activities, rating, or underwriting;
                  For use in providing notice to the owners of towed or impounded vehicles;
                  For use by any licensed private investigative agency or licensed security service for any
                   purpose permitted by DPPA;
                  For use by an employer or its agent or insurer to obtain or verify information relating to a holder
                   of a commercial driver's license;
                  For use in connection with the operation of private toll facilities;
                  For any other use in response to requests for individual motor vehicle records if the state has
                   obtained the express consent of the person to whom such personal information pertains;
                  For bulk distribution for surveys, marketing, or solicitations if the state has obtained the express
                   consent of the person to whom such personal information pertains;
                  For use by any requester, if the requester demonstrates it has obtained the written consent of
                   the individual to whom the information pertains; and
                  For any other use specifically authorized under the law of the state that holds the record, if such
                   use is related to the operation of a motor vehicle or public safety.

         Information that is not covered by DPPA is non-personal information. Under Florida law, such non-
         personal information contained in motor vehicle and driver license records, such as vehicular crash
         records, driving violations, and driver status information is considered public information.9

         Motor Vehicle Crash Reports in Florida

         Florida law requires written reports of motor vehicle crashes, which must contain the following
         information:
              The date, time, and location of the crash.
              A description of the vehicles involved.
              The names and addresses of the parties involved, including all drivers and passengers, and the
                 identification of the vehicle in which each was a driver or a passenger.
              The names and addresses of witnesses.
              The name, badge number, and law enforcement agency of the officer investigating the crash.
              The names of the insurance companies for the respective parties involved in the crash. 10

         An investigating law enforcement agency must submit a written crash report to DHSMV within 10 days
         after completing the investigation of a traffic crash that results in death or personal injury, involves a
         violation of leaving the scene or driving under the influence, renders a vehicle inoperable to a degree
         that a wrecker must remove it from the scene, or involves a commercial motor vehicle. 11 Approximately
         94 percent of crash reports are submitted by law enforcement agencies to DHSMV electronically, while
         about six percent of reports are submitted to DHSMV on paper and must be scanned and converted
         into an electronic format.12


9 DHSMV, supra note 7.
10 Ss. 316.066(1)(b) and (c), F.S.
11 S. 316.066(1)(a), F.S.
12 Department of Highway Safety and Motor Vehicle (DHSMV), Agency Analysis of 2022 Senate Bill 1614 p..2 (Jan 14, 2022).

STORAGE NAME: h1121.TIE                                                                                                    PAGE: 3
DATE: 1/22/2022
         Crash reports contain various personal information about the parties to a crash, witnesses, and others
         whose property is damaged in a crash, including names, addresses, telephone numbers, dates of birth,
         driver license numbers, and certain insurance information.13

         In 2001, the Legislature limited access to crash reports during the 60-day period after a crash report is
         filed.14 During that 60-day period, crash reports may only be released to parties involved in the crash,
         their legal representatives, their licensed insurance agents, their insurers or insurers to which they have
         applied for coverage, persons under contract with such insurers to provide claims or underwriting
         information, prosecutorial authorities, law enforcement agencies, the Department of Transportation,
         county traffic operations, victim services programs, radio and television stations, and certain
         newspapers.15

         Additionally, any local, state, or federal agency authorized by law to have access to crash reports must
         be granted such access in the furtherance of its statutory duties. 16

         To access a crash report within the 60-day time frame, a person must demonstrate his or her
         qualifications to access that information and file a written sworn statement with the state or local
         agency in possession of the information stating that information from the report will not be used for any
         commercial solicitation of accident victims, or knowingly disclosed to any third party for the purpose of
         such solicitation, during the period of time that the information remains confidential and exempt. 17

         According to the public necessity statement supporting this exemption, the 60-day exemption was
         created to protect the public from unscrupulous individuals who promote the filing of fraudulent
         insurance claims by obtaining such information immediately after a crash and exploiting the individual
         at a time of emotional distress.18

         The Florida Highway Patrol (FHP)19 routinely receives public records requests for its crash reports. In
         addition, DHSMV routinely makes crash reports available to the public through the Florida Crash
         Portal.20 The portal comprises crash reports transmitted by FHP, county sheriff offices, local police
         departments, and other law enforcement agencies throughout the state. Crash reports provided by
         DHSMV are subject to a statutory fee of $10 per report.21

         To facilitate releasing crash reports to authorized persons within the 60-day exemption period, DHSMV
         has prescribed a Sworn Statement to Obtain Traffic Crash Report Information (DHSMV Form 94010).22
         In lieu of the printed form, users of the Florida Crash Portal may electronically submit the sworn
         statement when obtaining a crash report through the portal. 23

         In addition to providing crash reports in their original format, crash reports transmitted to the Florida
         Crash Portal are maintained in a computerized database. The database contains all of the original
         report elements except for the law enforcement officer’s narrative description of the crash and any
         crash diagrams.24

         In 2021, 671,993 crash reports were completed in Florida, which included information on 1,839,532
         individuals (drivers, passengers, witnesses, and pedestrians). 25

13 See, e.g., DHSMV, Uniform Traffic Crash Report Manual (90010S) (Rev. Feb. 5, 2019), availab le at

https://www.flhsmv.gov/pdf/courts/crash/CrashManualComplete.pdf. (last visited Jan 18. 2022).
14
   Ch. 2001-163, Laws of Fla.
15 S. 316.066(2)(b), F.S.
16 S. 316.066(2)(c),F.S.
17 S. 316.066(2)(d), F.S.
18 CH. 2001-163, Laws of Fla.
19 The Florida Highway Patrol is a division of DHSMV.
20 DHSMV, Florida Crash Portal, at https://www.flhsmv.gov/traffic-crash-reports (last visited Jan. 18, 2022).
21 S. 321.23(2)(a), F.S.; DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
22 See DHSMV, Sworn Statement to Ob tain Traffic Crash Report Information (HSMV Form 94010), availab le at

https://www.flhsmv.gov/pdf/forms/94010.pdf.
23 DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
24 Id.
25 E-mail from Kevin Jacobs, DSHMV Legislative Affairs Director, RE. 1125 Question. (Jan 14, 2022)

STORAGE NAME: h1121.TIE                                                                                         PAGE: 4
DATE: 1/22/2022
         Uniform Traffic Citations

         Under Florida law, DHSMV has the duty of prescribing and providing to every traffic enforcement
         agency in the state prenumbered traffic citation books.26 In lieu of using printed citation books, traffic
         enforcement agencies may produce uniform traffic citations by electronic means. 27 FHP is among the
         agencies who routinely prepare citations electronically.28

         Traffic citations contain various personal information about drivers who are issued citations, including
         their names, dates of birth, addresses, telephone numbers, and driver license numbers.29

         Traffic enforcement agencies, including FHP, submit traffic citations to the clerks of court. The clerks
         routinely provide searchable traffic court dockets on their Internet websites, which typically allow for
         viewing and downloading of unredacted copies of uniform traffic citations.30

         Electronic citation data is also transmitted to the clerks through the Comprehensive Case Information
         System maintained by the Florida Association of Court Clerks and Comptrollers, Inc. 31 Uniform traffic
         citation, arrest, disposition, and criminal financial obligation files are electronically transmitted by the
         clerks to DHSMV through the Traffic Citation Accounting and Transmission System. These files are
         used by DHSMV to post court dispositions to the driver history records of individual drivers.32

         Under current law, all traffic citations, including all personal identifying information on the citations, is a
         public record and can be freely distributed.

         In 2021, 2,428,821 traffic citations were issued in Florida. 33

         Effect of the Bill

         Motor Vehicle Crash Reports

         The bill makes motor vehicle crash reports confidential and exempt from public disclosure on a
         permanent basis. This exemption applies to crash reports held by any agency as defined in s. 119.011,
         F.S.34

         The bill retains the existing list of entities that are eligible to receive copies of crash reports despite the
         exemption and adds to that list the Department of Health, municipal traffic operations, and any private
         person acting on behalf of a federal, state, or local government agency in carrying out its functions.

         The bill removes radio stations, television stations, and newspapers, from the list of entities eligible to
         receive crash reports but authorizes an agency to provide news media with summary reports of
         crashes, comprising specified details about the crashes, including whether traffic citations were issued
         or arrests were made.

         The bill also makes confidential certain personal information in computerized crash report data but
         allows the release of data extracts that exclude personal information.


26 S 316.650(1)(a), Fla. Stat.
27 S 316.650(1)(c), Fla. Stat.
28 DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).
29 See, e.g., DHSMV, Uniform Traffic Citation Procedures Manual (Rev. Nov. 2019), availab le at

https://www.flhsmv.gov/pdf/courts/utc/UTCCombinedManual.pdf. (last visited Jan. 18, 2022).
30 DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).
31 See s 28.2405, F.S.
32 DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).

33 E-mail from Kevin Jacobs, DSHMV Legislative Affairs Director, RE. 1125 Question. (Jan 14, 2022)
34 Section 119.011(2), F.S., defines the term “agency” to mean any state, county, district, authority, or municipal officer, dep artment,

division, board, bureau, commission, or other separate unit of government created or estab lished by law including, for the purposes of
this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or
private agency, person, partnership, corporation, or business entity acting on beh alf of any public agency.
STORAGE NAME: h1121.TIE                                                                                                           PAGE: 5
DATE: 1/22/2022
       The bill requires persons requesting a crash report to submit a sworn statement attesting to the
       person’s eligibility to receive the report. It further restricts persons who obtain crash reports from
       disclosing personal information from the reports to third parties who are not themselves eligible to
       obtain the crash reports. The bill also allows federal, state, and local governmental agencies, and
       private persons acting on their behalf, to obtain crash reports.

       The bill authorizes eligible private entities, in lieu of the sworn statements, to obtain crash reports
       through memoranda of understanding (MOUs) with the agency. It also requires governmental agencies
       obtaining crash reports to do so through MOUs.

       The bill provides that if crash reports are created by or submitted to an agency electronically as data
       elements within a computerized database, or if personal information from a crash report is entered into
       a computerized database, such crash report data is confidential and exempt under the same terms as
       the written crash report. This does not prevent an agency from disclosing:
            A crash report which is rendered as an individual report in its original format, whether printed as
               a paper document or provided in electronic format such as a portable document format or
               tagged image file format.
            Extracts of crash report data if all personal information is omitted from the extracts.

       This exemption applies retroactively to records already held by an agency and prospectively to future
       records. This exemption stands repealed on October 2, 2026, unless reviewed and saved from repeal
       through reenactment by the Legislature, pursuant to the Open Government Sunset Review Act.

       The bill removes obsolete statutory language prohibiting some free newspapers from receiving certain
       crash report information. This language was repealed on October 2, 2019, under the Open Government
       Sunset Review Act since this part of the public records exemption was not saved from repeal through
       reenactment by the Legislature.

       The bill revises current penalty provisions to broaden the definition of the term agency, providing that
       the term is as defined in s. 119.011, F.S., and provides for violations of a MOU.

       The bill provides a public necessity statement as required by art. I, s. 24(c) of the Florida Constitution.
       The statement provides that:
           Crash reports reveal significant personal information, not only about drivers involved in a crash
               but also about motor vehicle owners, motor vehicle passengers, and other witnesses and about
               owners of nonvehicle property damaged in a crash.
           Use of the Internet and related technologies allows those with malicious purposes to exploit the
               use of personal information, such as a motorist's date of birth, driver license number, and
               address, threatening motorist privacy and security.
           Increasing use of information technology for the preparation, submission, and management of
               crash reports has led agencies to hold vast repositories of computerized crash report data,
               which includes such personal information.
           Motorist personal information, when held by DHSMV in motor vehicle records, is confidential
               pursuant to the federal DIPPA and s. 119.0712(2), F.S.
           Restrictions on disclosure of motorist personal information have not applied to personal
               information contained in crash reports.
           When crash reports and computerized crash report data are made available to the public,
               because they comprise much of the same personal information contained in motor vehicle
               records, the protections afforded by the federal DPPA are undermined, eroding the privacy and
               safety of motorists.

       Uniform Traffic Citations

       The bill creates a public record exemption for driver information contained in a traffic citation. The bill
       defines the term “driver information” to mean a driver’s date of birth, driver license number, address

STORAGE NAME: h1121.TIE                                                                                       PAGE: 6
DATE: 1/22/2022
         (excluding the five-digit zip code), telephone number, motor vehicle license plate number, and trailer
         tag number. The term does not include the driver’s name.

         The bill authorizes an agency to release the covered driver information in accordance with DPPA in the
         same manner as the release of personal information contained in a motor vehicle record.

         An agency may release driver information in accordance with any of the permissible uses listed in
         DPPA in the same manner applicable to the release of personal information contained in a motor
         vehicle record pursuant to s. 119.0712(2)(b), F.S.

         This exemption applies retroactively to records already held by an agency and prospectively to future
         records. This exemption is subject to the Open Government Sunset Review Act and stands repealed
         on October 2, 2027, unless reviewed and saved from repeal by the Legislature.

         The bill provides a public necessity statement as required by art. I, s. 24(c) of the Florida Constitution.
         The statement provides that:
             Uniform traffic citations reveal signification personal information about drivers issued a
                 citation.
             Use of the Internet and related technologies allows those with malicious purpose to exploit
                 the use of personal information, such as a motorist’s date of birth, driver license number,
                 and address, threatening motorist’s privacy and security
             Motorist personal information, when held by DHSMV in motor vehicle records, is confidential
                 pursuant to DPPA and s. 119.0712(2), F.S.
             Restrictions on disclosure of motorist personal information have not applied to driver
                 information contained in uniform traffic citations.
             When driver information contained in uniform traffic citations is made available to the public,
                 the protections are afforded by federal DPPA are undermined, eroding the privacy and
                 safety of motorists.

         Effective Date

         The bill has an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
         Section 1         Amends s. 316.066, F.S., relating to written reports of crashes.

         Section 2         Amends s. 316.605, F.S., relating to traffic citations.

         Section 3         Provides statements of public necessity.

         Section 4         Provides an effective date.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              Indeterminate. Under current law, DSHMV-provided crash reports are subject to a statutory fee of
              $10 per report.35 It is not known how many crash reports subject to the statutory fee would be
              exempt from disclosure as public records under the bill.

         2. Expenditures:


35 S. 321.23(2)(a), F.S.

STORAGE NAME: h1121.TIE                                                                                        PAGE: 7
DATE: 1/22/2022
           The bill may have an insignificant negative fiscal impact on various state agencies because state
           agency staff responsible for complying with public record requests may require training related to
           the newly created public record exemption. These costs, however, would be absorbed, as they are
           part of the day-to-day responsibilities of each state agency.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The bill may have an insignificant negative fiscal impact on local government agencies because
           agency staff responsible for complying with public record request may require training related to the
           newly created public record exemption. These costs, however, would be absorbed, as they are part
           of the day-to-day responsibilities of each agency.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          Vote Requirement
          Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
          voting for final passage of a newly created or expanded public record or public meeting exemption.
          The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.

          Public Necessity Statement
          Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
          or expanded public record or public meeting exemption. The bill includes a public necessity
          statement for each newly created exemption in the bill.

          Breadth of Exemption
          Article I, s. 24(c) of the Florida Constitution requires a newly created or expanded public record or
          public meeting exemption to be no broader than necessary to accomplish the stated purpose of the
          law.

          The bill provides a public record exemption for all information included in motor vehicle crash reports.
          This exemption appears to be broader than necessary because the bill makes confidential and
          exempt the entire crash report and not just the personal identifying information contained in the crash
          report.


STORAGE NAME: h1121.TIE                                                                                     PAGE: 8
DATE: 1/22/2022
          The bill provides a public record exemption for specified driver information in traffic citations. This
          exemption does not appear to be broader than necessary since it exempts only the driver
          information, as defined in the bill, contained on the citation.

   B. RULE-MAKING AUTHORITY:
       This bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       While the bill refers to the definition of the term “agency” as it applies to public records law for purposes
       of the crash reports exemption, it does not define the term “agency” for purposes of the public record
       exemption for traffic citations.

       The bill provides for legislative review and repeal of the traffic citations exemption on October 2, 2027,
       consistent with the Open Government Sunset Review Act. However, the bill provides for repeal of the
       crash reports exemption on October 2, 2026, one year earlier than required by the Open Government
       Sunset Review Act.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.




STORAGE NAME: h1121.TIE                                                                                       PAGE: 9
DATE: 1/22/2022
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           HB 1121                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to public records; amending s.
    3                316.066, F.S.; revising an exemption from public
    4                records requirements for written reports of crashes;
    5                revising the agencies that hold records to which the
    6                exemption applies; removing a time limit for the
    7                exemption; providing applicability; revising entities
    8                to which records may be made available; requiring
    9                certain entities to enter into a memorandum of
10                   understanding; revising conditions precedent to
11                   accessing a crash report; exempting certain
12                   computerized crash report data; providing
13                   construction; providing for future review and repeal;
14                   providing penalties; amending s. 316.650, F.S.;
15                   defining the term "driver information"; providing an
16                   exemption from public records requirements for driver
17                   information contained in a uniform traffic citation;
18                   providing applicability; authorizing release of driver
19                   information under certain circumstances; providing for
20                   future review and repeal; providing statements of
21                   public necessity; providing an effective date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                   Section 1.       Subsections (2) and (3) of section 316.066,

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        HB 1121                                                                                               2022




26      Florida Statutes, are amended to read:
27                316.066      Written reports of crashes.—
28                (2)(a)      Crash reports that reveal the identity of, home or
29      employment telephone number or home or employment address of, or
30      other personal information concerning the parties involved in
31      the crash and that are held by an any agency as defined in s.
32      119.011 that regularly receives or prepares information from or
33      concerning the parties to motor vehicle crashes are confidential
34      and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
35      Constitution. This exemption applies to such crash reports held
36      by an agency before, on, or after the effective date of the
37      exemption for a period of 60 days after the date the report is
38      filed.
39                (b)       Crash reports held by an agency under paragraph (a)
40      may be made immediately available to the parties involved in the
41      crash, their legal representatives, their licensed insurance
42      agents, their insurers or insurers to which they have applied
43      for coverage, persons under contract with such insurers to
44      provide claims or underwriting information, prosecutorial
45      authorities, law enforcement agencies, the Department of
46      Transportation, the Department of Health, county and municipal
47      traffic operations, victim services programs, and any private
48      person or entity acting on behalf of a federal, state, or local
49      governmental agency in carrying out its functions radio and
50      television stations licensed by the Federal Communications

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        HB 1121                                                                                               2022




51      Commission, newspapers qualified to publish legal notices under
52      ss. 50.011 and 50.031, and, in accordance with paragraph (f),
53      free newspapers of general circulation, published once a week or
54      more often, of which at least 7,500 copies are distributed by
55      mail or by carrier as verified by a postal statement or by a
56      notarized printer's statement of press run, which are intended
57      to be generally distributed and circulated, and which contain
58      news of general interest with at least 10 pages per publication,
59      available and of interest to the public generally for the
60      dissemination of news. For the purposes of this section, the
61      following products or publications are not newspapers as
62      referred to in this section: those intended primarily for
63      members of a particular profession or occupational group; those
64      with the primary purpose of distributing advertising; and those
65      with the primary purpose of publishing names and othe r personal
66      identifying information concerning parties to motor vehicle
67      crashes.
68                (c)       A federal, state, or Any local governmental, state, or
69      federal agency, or any private person or entity acting on behalf
70      of a federal, state, or local governmental agency in carrying
71      out its functions, which that is authorized to have access to
72      crash reports by any provision of law shall be granted such
73      access in the furtherance of the agency's statutory duties
74      pursuant to a memorandum of understanding approved by the agenc y
75      holding the crash reports which requires that personal

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         HB 1121                                                                                               2022




 76      information contained in the crash reports remain confidential
 77      and exempt.
 78                (d)       As a condition precedent to accessing a crash report
 79      within 60 days after the date the report is filed, a person must
 80      submit to the agency that holds the crash report, in a format
 81      prescribed by the agency, present a valid driver license or
 82      other photographic identification, proof of status, or
 83      identification that demonstrates his or her qualifications to
 84      access that information and file a written sworn statement
 85      attesting to the person's identity, authority to access the
 86      crash report under paragraph (b), and agreement to keep the with
 87      the state or local agency in possession of the information
 88      stating that information from a crash report made confidential
 89      and refrain from using the crash report exempt by this section
 90      will not be used for any commercial solicitation of accident
 91      victims, or knowingly disclosing the crash report disclosed to
 92      any third party for the purpose of such solicitation, or
 93      knowingly disclosing the crash report to any third party that is
 94      not authorized by this section to access such personal
 95      information during the period of time that the information
 96      remains confidential and exempt. Such written sworn statement
 97      must be completed and sworn to by the requesting party for each
 98      individual crash report that is being requested within 60 days
 99      after the report is filed. In lieu of requiring the written
100      sworn statement, an agency may provide crash reports by

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         HB 1121                                                                                               2022




101      electronic means pursuant to a memorandum of understanding that
102      requires third-party vendors under contract with one or more
103      insurers, but only when such contract states that personal
104      information contained in from a crash report remain made
105      confidential and exempt and prohibits such personal information
106      from being by this section will not be used for any commercial
107      solicitation of accident victims by the vendors, or knowingly
108      disclosed by the vendors to any third party who is not
109      authorized by this section to access such personal information
110      for the purpose of such solicitation, during the period of time
111      that the information remains confidential and exempt, and only
112      when a copy of such contract is furnished to the agency as proof
113      of the vendor's claimed status.
114                (e)       This subsection does not prohibit an agency from
115      providing summary reports of crashes to radio and television
116      stations, newspapers, and other news media, which reports may
117      disclose information about crashes, including, but not limited
118      to, the time, date, and location of a crash; the name, age,
119      gender, race, and ethnicity of any driver involved in the crash;
120      a general description of any vehicle involved in the crash,
121      including the vehicle's color, make, model, body style, and
122      year; the names of the law enforcement agencies and officers
123      responding to the scene or investigating the crash; the
124      circumstances of the crash; and whether any arrests were made or
125      traffic citations were issued prevent the dissemination or

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         HB 1121                                                                                               2022




126      publication of news to the general public by any legitimate
127      media entitled to access confidential and exempt information
128      pursuant to this section.
129                (f)       If crash reports are created by or submitted to an
130      agency electronically as data elements within a computerized
131      database, or if personal information from a crash report is
132      entered into a computerized database, such crash report data
133      held by an agency is confidential and exempt from s. 119.07(1)
134      and s. 24(a), Art. I of the State Constitution. This exemption
135      applies to such crash report data held by an agency before, on,
136      or after the effective date of the exemption. This paragraph
137      does not prevent an agency from disclosing:
138                1.    A crash report pursuant to paragraphs (b)–(d) which is
139      rendered as an individual report in its original format, whether
140      printed as a paper document or provided in electronic format
141      such as portable document format or tagged image file format.
142                2.    Extracts of crash report data if all personal
143      information is omitted from the extracts.
144                (g)(f)      Free newspapers of general circulation published
145      once a week or more often, of which at least 7,500 copies are
146      distributed by mail or by carrier as verified by a postal
147      statement or by a notarized printer's statement of press run,
148      which are intended to be generally distributed and circ ulated,
149      which contain news of general interest with at least 10 pages
150      per publication, available and of interest to the public

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         HB 1121                                                                                               2022




151      generally for the dissemination of news, and which request 10 or
152      more crash reports within a 24-hour period before 60 days have
153      elapsed after the report is filed may not have access to the
154      home, cellular, employment, or other telephone number or the
155      home or employment address of any of the parties involved in the
156      crash. This subsection paragraph is subject to the Open
157      Government Sunset Review Act in accordance with s. 119.15 and
158      shall stand repealed on October 2, 2026 2019, unless reviewed
159      and saved from repeal through reenactment by the Legislature.
160                (3)(a)      A Any driver failing to file the written report
161      required under subsection (1) commits a noncriminal traffic
162      infraction, punishable as a nonmoving violation as provided in
163      chapter 318.
164                (b)       An Any employee of an a state or local agency, as
165      defined in s. 119.011, in possession of information made
166      confidential and exempt by this section who knowingly discloses
167      such confidential and exempt information to a person not
168      entitled to access such information under this section commits a
169      felony of the third degree, punishable as provided in s.
170      775.082, s. 775.083, or s. 775.084.
171                (c)       A Any person who, knowing that he or she is not
172      entitled to obtain information made confidential and exempt by
173      this section, who obtains or attempts to obtain such information
174      commits a felony of the third degree, punishable as provided in
175      s. 775.082, s. 775.083, or s. 775.084.

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         HB 1121                                                                                               2022




176                (d)       A Any person who knowingly uses confidential and
177      exempt information in violation of a filed written sworn
178      statement, memorandum of understanding, or contractual agreement
179      required by this section commits a felony of the third degree,
180      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
181                Section 2.       Subsection (11) of section 316.650, Florida
182      Statutes, is amended to read:
183                316.650      Traffic citations.—
184                (11)(a)      As used in this subsection, the term "driver
185      information" means a driver's date of birth, driver license
186      number, address excluding the five-digit zip code, telephone
187      number, motor vehicle license plate number, and trailer tag
188      number. The term does not include the driver's name.
189                (b)1.      Driver information contained in a uniform traffic
190      citation held by an agency is exempt from s. 119.07(1) and s.
191      24(a), Art. I of the State Constitution. This paragraph applies
192      to driver information held by an agency before, on, or after the
193      effective date of the exemption.
194                2.    An agency may release driver information in accordance
195      with any of the permissible uses listed in 18 U.S.C. s. 2721(b)
196      in the same manner applicable to the release of personal
197      information contained in a motor vehicle record pursuant to s.
198      119.0712(2)(b).
199                3.    This paragraph is subject to the Open Government Sunset
200      Review Act in accordance with s. 119.15 and shall stand repealed

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         HB 1121                                                                                               2022




201      on October 2, 2027, unless reviewed and saved from repeal
202      through reenactment by the Legislature.
203                (c)       Driver information contained in a uniform traffic
204      citation may, which includes but is not limited to, the accused
205      person's name and address, shall not be used for commercial
206      solicitation purposes. However, the use of such driver
207      information contained in a uniform traffic citation shall not be
208      considered a commercial purpose when used for publication in a
209      newspaper or other news periodical, when used for broadcast by
210      radio or television, or when used to inform a person of the
211      availability of driver safety training.
212                Section 3.       (1)     The Legislature finds that it is a public
213      necessity that crash reports that reveal personal information
214      concerning parties involved in a crash and computerized crash
215      report data be confidential and exempt from s. 119.07(1),
216      Florida Statutes, and s. 24(a), Article I of the State
217      Constitution. Crash reports reveal significant personal
218      information, not only about drivers involved in a crash but also
219      about motor vehicle owners, motor vehicle passengers, and other
220      witnesses and about owners of nonvehicle property damaged in a
221      crash. Pervasive use of the Internet and related technologies
222      abet those with malicious purposes in exploiting the use of
223      personal information, such as a motorist's date of birt h, driver
224      license number, and address, creating ever-expanding threats to
225      motorist privacy and security never envisioned in generations

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         HB 1121                                                                                               2022




226      past. Moreover, ever-increasing use of information technology
227      for the preparation, submission, and management of crash r eports
228      has led agencies to hold vast repositories of computerized crash
229      report data, which includes such personal information. Motorist
230      personal information, when held by the Department of Highway
231      Safety and Motor Vehicles in motor vehicle records, is
232      confidential pursuant to the federal Driver's Privacy Protection
233      Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
234      Florida Statutes. These restrictions on disclosure of motorist
235      personal information, however, have not applied to personal
236      information contained in crash reports. When crash reports and
237      computerized crash report data are made available to the public,
238      because they comprise much of the same personal information
239      contained in motor vehicle records, the protections afforded by
240      the federal Driver's Privacy Protection Act of 1994 are
241      significantly undermined, eroding the privacy and safety of
242      motorists. Therefore, the Legislature finds that it is a public
243      necessity to make confidential and exempt from public records
244      requirements crash reports that reveal personal information and
245      computerized crash report data.
246                (2)       The Legislature finds that it is a public necessity
247      that driver information contained in a uniform traffic citation
248      held by an agency be exempt from s. 119.07(1), Florida Statutes,
249      and s. 24(a), Article I of the State Constitution. Uniform
250      traffic citations reveal significant personal information about

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         HB 1121                                                                                               2022




251      drivers issued a citation. Pervasive use of the Internet and
252      related technologies abet those with malicious purposes in
253      exploiting the use of personal information, such as a motorist's
254      date of birth, driver license number, and address, creating
255      ever-expanding threats to motorist privacy and security never
256      envisioned in generations past. Motorist personal information,
257      when held by the Department of Highway Safety and Motor Vehicles
258      in motor vehicle records, is confidential pursuant to the
259      federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.
260      2721 et seq., and s. 119.0712(2), Florida Statutes. These
261      restrictions on disclosure of motorist personal information,
262      however, have not applied to driver information contained in
263      uniform traffic citations. When driver information contained in
264      uniform traffic citations is made available to the public,
265      because it comprises much of the same personal information
266      contained in motor vehicle records, the protections afforded by
267      the federal Driver's Privacy Protection Act of 1994 are
268      significantly undermined, eroding the privacy and safety of
269      motorists. Therefore, the Legislature finds that it is a publ ic
270      necessity to make exempt from public records requirements driver
271      information contained in uniform traffic citations.
272                Section 4.       This act shall take effect July 1, 2022.




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      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                       HB 1121 by Rep. Brannan
           Public Records/Crash Reports and Traffic Citations

                            AMENDMENT SUMMARY
                               January 25, 2022


Amendment 1 by Rep. Brannan (Strike-All):

  •   Defines the term personal information as it relates to motor vehicle crash reports.
  •   Restores the current 60-day public record exemption for the entirety of crash
      reports.
  •   Adds passengers and witnesses as persons whose personal information is
      protected from disclosure in a crash report.
  •   Provides that personal information revealed in crash reports remains confidential
      and exempt from disclosure after the 60-day exemption period for the entire
      crash report.
  •   Clarifies current practice with respect to third parties acting on behalf of entities
      authorized to access crash report data.
  •   Clarifies that crash reports may not be disclosed for commercial solicitation.
  •   Requires agencies, upon request, to provide a crash report summary to news
      media, subject to any other public records exemption.
  •   Corrects an incorrect open government sunset review date
  •   Revises statements of public necessity to conform to the amendment.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Brannan offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.     Subsections (2) and (3) of section 316.066,
 8     Florida Statutes, are amended to read:
 9          316.066    Written reports of crashes.—
10          (2)(a)    As used in this subsection, the term:
11          1.     "Agency" has the same meaning as provided in s.
12     119.011.
13          2.     "Personal information" means information that
14     identifies an individual, including an individual's photograph,
15     social security number, driver license or identification card
16     number, name, home or employment address excluding the five-
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121     (2022)
       Amendment No. 1


17     digit zip code, home or employment telephone number, and medical
18     or disability information.
19          (b)1.(a)     Crash reports that reveal the identity, home or
20     employment telephone number or home or employment address of, or
21     other personal information concerning the parties, passengers,
22     or witnesses involved in the crash, and that are held by an any
23     agency, that regularly receives or prepares information from or
24     concerning the parties to motor vehicle crashes are confidential
25     and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
26     Constitution for a period of 60 days after the date the report
27     is filed.
28          2.     Following the 60-day period in subparagraph 1.,
29     personal information revealed in a crash report concerning the
30     parties, passengers, or witnesses involved in the crash, and
31     that is held by an agency, is confidential and exempt from s.
32     119.07(1) and s. 24(a), Art. I of the State Constitution .
33          3.     If crash reports are created by or submitted to an
34     agency electronically as data elements within a computerized
35     database, or if personal information concerning the parties,
36     passengers, or witnesses involved in the crash are entered into
37     a computerized database, such crash report data held by an
38     agency, when not rendered as individual crash reports subject to
39     subparagraph 1. or subparagraph 2., is confidential and exempt
40     from s. 119.07(1) and s. 24(a), Art. I of the State
41     Constitution. This paragraph does not prevent an agency from
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
       Amendment No. 1


42     disclosing extracts of crash report data if personal information
43     concerning the parties, passengers, and witnesses is omitted
44     from the extracts.
45          4.   These exemptions apply to crash reports, personal
46     information revealed in crash reports, and crash report data
47     held by an agency before, on, or after the effective date of the
48     exemptions.
49          (c)1.(b)     Crash reports held by an agency under
50     subparagraph (b)1. or subparagraph (b)2., which reveal personal
51     information concerning the parties, passengers, and witnesses
52     involved in the crash, paragraph (a) may be made immediately
53     available to the parties involved in the crash, their legal
54     representatives, their licensed insurance agents, their insurers
55     or insurers to which they have applied for coverage, persons
56     under contract with such insurers to provide claims or
57     underwriting information, prosecutorial authorities, law
58     enforcement agencies, the Department of Transportation, the
59     Department of Health, county and municipal traffic operations,
60     victim services programs, and any federal, state, or local
61     governmental agency in carrying out its functions.
62          2.   A crash report may also be made available to any third
63     party acting on behalf of a person or entity authorized under
64     subparagraph 1. to access the crash report, except that the
65     third party may disclose the crash report only to the person or
66     entity authorized to access the crash report under subparagraph
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1121   (2022)
       Amendment No. 1


67     1. on whose behalf the third party has sought the report radio
68     and television stations licensed by the Federal Communications
69     Commission, newspapers qualified to publish legal notices under
70     ss. 50.011 and 50.031, and, in accordance with paragraph (f),
71     free newspapers of general circulation, published once a week or
72     more often, of which at least 7,500 copies are distributed by
73     mail or by carrier as verified by a postal statement or by a
74     notarized printer's statement of press run, which are intended
75     to be generally distributed and circulated, and which contain
76     news of general interest with at least 10 pages per publication,
77     available and of interest to the public generally for the
78     dissemination of news. For the purposes of this section, the
79     following products or publications are not newspapers as
80     referred to in this section: those intended primarily for
81     members of a particular profession or occupational group ; those
82     with the primary purpose of distributing advertising; and those
83     with the primary purpose of publishing names and other personal
84     identifying information concerning parties to motor vehicle
85     crashes.
86          (d)(c)   A federal, state, or Any local governmental, state,
87     or federal agency, or any private person or entity acting on
88     behalf of a federal, state, or local governmental agency in
89     carrying out its functions, that is authorized to have access to
90     crash reports by any provision of law shall be granted such
91     access in the furtherance of the agency's statutory duties
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


 92     pursuant to a memorandum of understanding approved by the agency
 93     holding the crash reports which requires that personal
 94     information revealed in the crash reports remain confidential
 95     and exempt.
 96          (e)(d)   As a condition precedent to accessing a crash
 97     report that reveals personal information concerning the parties,
 98     passengers, or witnesses involved in the crash within 60 days
 99     after the date the report is filed, a person must submit to the
100     agency that holds the crash report, in a format prescribed by
101     the agency, present a valid driver license or other photographic
102     identification, proof of status, or identification that
103     demonstrates his or her qualifications to access that
104     information and file a written sworn statement attesting to the
105     person's identity, authority to access the crash report under
106     paragraph (c), and agreement to refrain from using the with the
107     state or local agency in possession of the information stating
108     that information from a crash report made confidential and
109     exempt by this section will not be used for any commercial
110     solicitation of accident victims, or knowingly disclosing the
111     crash report disclosed to any third party for the purpose of
112     such solicitation, during the period of time that the
113     information remains confidential and exempt. Such written sworn
114     statement must be completed and sworn to by the requesting party
115     for each individual crash report that is being requested with
116     personal information concerning the parties, passengers, or
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


117     witnesses involved in the crash within 60 days after the report
118     is filed. In lieu of requiring the written sworn statement, an
119     agency may provide crash reports by electronic means pursuant to
120     a memorandum of understanding that requires third-party vendors
121     under contract with one or more insurers, but only when such
122     contract states that personal information revealed in from a
123     crash report remain made confidential and exempt and prohibits
124     such personal information from being by this section will not be
125     used for any commercial solicitation of accident victims by the
126     vendors, or knowingly disclosed disclosed by the vendors to any
127     third party for the purpose of such solicitation, during the
128     period of time that the information remains confidential and
129     exempt, and only when a copy of such contract is furnished to
130     the agency as proof of the vendor's claimed status.
131          (f)   Upon request, an agency shall provide a summary of a
132     crash report to radio or television stations, newspapers, and
133     other news media, comprising descriptive information about the
134     crash to the extent included in the report, including, but not
135     limited to, the time, date, and location of a crash; the name,
136     age, gender, race, and ethnicity of any driver involved in the
137     crash; a description of any vehicle involved in the crash,
138     including the vehicle's color, make, model, body style, and
139     year; the names of the law enforcement agencies and officers
140     responding to the scene or investigating the crash; the
141     circumstances of the crash; and whether any arrests were made or
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


142     traffic citations were issued. This paragraph does not require
143     an agency to provide in a summary any information made
144     confidential or exempt by any provision of law outside of this
145     section.
146          (e)   This subsection does not prevent the dissemination or
147     publication of news to the general public by any legitimate
148     media entitled to access confidential and exempt information
149     pursuant to this section.
150          (g)(f)   Free newspapers of general circulation published
151     once a week or more often, of which at least 7,500 copies are
152     distributed by mail or by carrier as verified by a postal
153     statement or by a notarized printer's statement of press run,
154     which are intended to be generally distributed and circulated,
155     which contain news of general interest with at least 10 pages
156     per publication, available and of interest to the public
157     generally for the dissemination of news, and which request 10 or
158     more crash reports within a 24-hour period before 60 days have
159     elapsed after the report is filed may not have access to the
160     home, cellular, employment, or other telephone number or the
161     home or employment address of any of the parties involved in the
162     crash. This subsection paragraph is subject to the Open
163     Government Sunset Review Act in accordance with s. 119.15 and
164     shall stand repealed on October 2, 2027 2019, unless reviewed
165     and saved from repeal through reenactment by the Legi slature.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


166          (3)(a)    A Any driver failing to file the written report
167     required under subsection (1) commits a noncriminal traffic
168     infraction, punishable as a nonmoving violation as provided in
169     chapter 318.
170          (b)   An Any employee of an a state or local agency, as
171     defined in s. 119.011, in possession of information made
172     confidential and exempt by this section who knowingly discloses
173     such confidential and exempt information to a person not
174     entitled to access such information under this section commits a
175     felony of the third degree, punishable as provided in s.
176     775.082, s. 775.083, or s. 775.084.
177          (c)   A Any person who, knowing that he or she is not
178     entitled to obtain information made confidential and exempt by
179     this section, who obtains or attempts to obtain such information
180     commits a felony of the third degree, punishable as provided in
181     s. 775.082, s. 775.083, or s. 775.084.
182          (d)   A Any person who knowingly uses confidential and
183     exempt information in violation of a filed written sworn
184     statement, memorandum of understanding, or contractual agreement
185     required by this section commits a felony of the third degree,
186     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
187          Section 2.    Subsection (11) of section 316.650, Florida
188     Statutes, is amended to read:
189          316.650    Traffic citations.—


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1121     (2022)
        Amendment No. 1


190          (11)(a)    As used in this subsection, the term "driver
191     information" means a driver's date of birth, driver license
192     number, address excluding the five-digit zip code, telephone
193     number, motor vehicle license plate number, and trailer tag
194     number. The term does not include the driver's name.
195          (b)1.     Driver information contained in a uniform traffic
196     citation held by an agency is exempt from s. 119.07(1) and s.
197     24(a), Art. I of the State Constitution. This paragraph applies
198     to driver information held by an agency before, on, or after the
199     effective date of the exemption.
200          2.    An agency may release driver information in accordance
201     with any of the permissible uses listed in 18 U.S.C. s. 2721(b)
202     in the same manner applicable to the release of personal
203     information contained in a motor vehicle record pursuant to s.
204     119.0712(2)(b).
205          3.    This paragraph is subject to the Open Government Sunset
206     Review Act in accordance with s. 119.15 and shall stand repealed
207     on October 2, 2027, unless reviewed and saved from repea l
208     through reenactment by the Legislature.
209          (c)     Driver information contained in a uniform traffic
210     citation may, which includes but is not limited to, the accused
211     person's name and address, shall not be used for commercial
212     solicitation purposes. However, the use of such driver
213     information contained in a uniform traffic citation shall not be
214     considered a commercial purpose when used for publication in a
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


215     newspaper or other news periodical, when used for broadcast by
216     radio or television, or when used to inform a person of the
217     availability of driver safety training.
218          Section 3.   (1)   The Legislature finds that it is a public
219     necessity that crash reports that reveal personal information
220     concerning parties, passengers, and witnesses to a crash for a
221     period of 60 days after the date the crash report is filed with
222     an agency; such personal information revealed in crash reports
223     held by an agency following the 60-day period; and computerized
224     crash report data held by an agency, be confidential and exempt
225     from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
226     the State Constitution. Crash reports reveal significant
227     personal information, not only about parties involved in a crash
228     but also about passengers and other witnesses to the crash.
229     Pervasive use of the Internet and related technologies abet
230     those with malicious purposes in exploiting the use of personal
231     information revealed in crash reports, such as a party's,
232     passenger's, or witness' date of birth, driver license number,
233     and address, creating ever-expanding threats to privacy and
234     security never envisioned in generations past. Moreover, ever -
235     increasing use of information technology for the preparation,
236     submission, and management of crash reports has led agencies to
237     hold vast repositories of computerized crash report data, which
238     includes such personal information. Personal information, when
239     held by the Department of Highway Safety and Motor Vehicles in
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


240     driver license and motor vehicle records, is confidential
241     pursuant to the federal Driver's Privacy Protection Act of 1994,
242     18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida
243     Statutes. These restrictions on disclosure of personal
244     information, however, have not applied to personal information
245     revealed in crash reports. When personal information revealed in
246     crash reports or computerized crash report data are made
247     available to the public, because they comprise much of the same
248     personal information contained in driver license and motor
249     vehicle records, the protections afforded by the federal
250     Driver's Privacy Protection Act of 1994 are significantly
251     undermined, eroding the privacy and safety of drivers.
252     Therefore, the Legislature finds that it is a public necessity
253     to make confidential and exempt from public records requirem ents
254     crash reports that reveal personal information concerning
255     parties, passengers, and witnesses to a crash for a period of 60
256     days after the date the crash report is filed with an agency;
257     such personal information revealed in crash reports held by an
258     agency following the 60-day period; and computerized crash
259     report data held by an agency.
260          (2)   The Legislature finds that it is a public necessity
261     that driver information contained in a uniform traffic citation
262     held by an agency be exempt from s. 119.07(1), Florida Statutes,
263     and s. 24(a), Article I of the State Constitution. Uniform
264     traffic citations reveal significant personal information about
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


265     drivers issued a citation. Pervasive use of the Internet and
266     related technologies abet those with malicious purposes in
267     exploiting the use of personal information contained in traffic
268     citations, such as a driver's date of birth, driver license
269     number, and address, creating ever-expanding threats to privacy
270     and security never envisioned in generations past. Driver
271     information, when held by the Department of Highway Safety and
272     Motor Vehicles in driver license and motor vehicle records, is
273     confidential pursuant to the federal Driver's Privacy Protection
274     Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
275     Florida Statutes. These restrictions on disclosure of personal
276     information, however, have not applied to driver information
277     contained in uniform traffic citations. When driver information
278     contained in uniform traffic citations is made available to the
279     public, because it comprises much of the same personal
280     information contained in driver license and motor vehicle
281     records, the protections afforded by the federal Driver's
282     Privacy Protection Act of 1994 are significantly undermined,
283     eroding the privacy and safety of drivers. Therefore, the
284     Legislature finds that it is a public necessity to make exempt
285     from public records requirements driver information contained in
286     uniform traffic citations.
287          Section 4.   This act shall take effect July 1, 2022.
288
289
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1121   (2022)
        Amendment No. 1


290           -----------------------------------------------------
291                       T I T L E   A M E N D M E N T
292          Remove everything before the enacting clause and insert:
293     An act relating to public records; amending s. 316.066, F.S.;
294     revising an exemption from public records requirements for
295     certain written reports of crashes; providing definitions;
296     revising the exemption applicable to specified crash reports for
297     a specified period of time; revising the agencies that hold
298     records to which the exemption applies; providing exemptions
299     from public records requirements for certain personal
300     information revealed in crash reports and certain computerized
301     crash report data; providing retroactive applicability; revising
302     entities to which records may be made available; requiring
303     certain entities to enter into a memorandum of understanding;
304     revising conditions precedent to accessing a crash report within
305     a specified period after a crash report is filed; requiring an
306     agency to provide summaries of crash reports to certain news
307     media; providing construction; providing for future review and
308     repeal; providing penalties; amending s. 316.650, F.S.; defining
309     the term "driver information"; providing an exemption from
310     public records requirements for driver information contained in
311     a uniform traffic citation; providing applicability; authorizing
312     release of driver information under certain circumstances;
313     providing for future review and repeal; providing statements of
314     public necessity; providing an effective date.
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HB 1411
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1411 Floating Solar Facilities
SPONSOR(S): Avila
TIED BILLS:       IDEN./SIM. BILLS: SB 1338

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Local Administration & Veterans Affairs
     Subcommittee

  3) Commerce Committee


                                                SUMMARY ANALYSIS
Florida law declares that it is the intent of the Legislature to promote the development of renewable energy.
Current law states that solar energy is one of the fuel or energy sources, from which energy can be produced,
that qualifies as “renewable energy.”

The Community Planning Act (act) directs the manner in which local governments create and adopt their local
comprehensive plans. Current law requires solar facilities to be a permitted use in all agricultural land use
categories in a local government’s comprehensive plan and all agricultural zoning districts within an
unincorporated area.

Floating solar, also known as floatovoltaics, is a relatively new concept that refers to any type of solar array
that floats atop a body of water. Floating solar panels are affixed to a buoyant structure that keeps them above
the surface of the water. In recent years, different entities around Florida have deployed floating solar facilities.

The bill promotes the use of floating solar facilities by requiring each local government to allow these facilities
as a permitted use under certain conditions and amend its land development regulations to promote the use of
floating solar. Under the bill, counties may adopt an ordinance specifying buffer and landscaping requirements
for floating solar facilities, however, such requirements may not exceed the requirements for similar uses
involving the construction of other solar facilities that are permitted uses in agricultural land use categories and
zoning districts

The bill states that a floating solar facility may not be constructed in the Lake Belt Area or an Everglades
Agricultural Area reservoir project if the local governments involved with the area or project determine that the
facility will have a negative impact on that area or project.

Under the bill, the Office of Energy within the Department of Agriculture and Consumer Services is tasked with
submitting recommendations to the Legislature to provide a regulatory framework to private and public sector
entities that implement floating solar facilities.

The bill does not effect state or local government revenues or state government expenditures. The bill may
have an insignificant fiscal impact on local government expenditures.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1411.TIE
DATE: 1/22/2022
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Renewable Energy

        Florida law declares that it is the intent of the Legislature to:
             Promote the development of renewable energy;
             Protect the economic viability of Florida’s existing renewable energy facilities;
             Diversify the types of fuel used to generate electricity in Florida;
             Lessen Florida’s dependence on natural gas and fuel oil for the production of electricity;
             Minimize the volatility of fuel costs;
             Encourage investment within the state;
             Improve environmental conditions; and
             Minimize the costs of power supply to electric utilities and their customers. 1

        Current law defines “renewable energy” as electrical energy produced from a method that
        uses one or more of the following fuels or energy sources:
            Hydrogen produced from sources other than fossil fuels;
            Biomass;
            Solar energy;
            Geothermal energy;
            Wind Energy;
            Ocean energy; and
            Hydroelectric power.2

        Solar Facilities

        Florida law defines the term “solar facility” as a production facility for electric power which:
             Uses photovoltaic modules to convert solar energy to electricity that may be stored on site,
                delivered to a transmission system, and consumed primarily offsite;
             Consists principally of photovoltaic modules, a mounting or racking system, power inverters,
                transformers, collection systems, battery systems, fire suppression equipment, and associated
                components; and
             May include accessory administration or maintenance buildings, electric transmission lines,
                substations, energy storage equipment, and related accessory uses and structures. 3

        A utility-scale solar generation system requires larger quantities of land per unit of power produced than
        traditional power plants.4 Solar generation facilities require “at least [ten] times as much land per unit of
        power produced than coal or natural gas-fired power plants.”5 As a result of the large scale nature of
        such projects, siting solar facilities can be challenging and viewed as unpopular by those who do not
        want these large projects near their homes.6
        Local Land Development and Comprehensive Plans



1 S. 366.92, F.S. See also S. 377.601(2)(i),   F.S.
2 S. 366.91, F.S.
3 S. 163.3205(2),   F.S.
4 Samantha Gross, Renewables,    land use, and local opposition in the United States ,
https://www.brookings.edu/research/renewables-land-use-and-local-opposition-in-the-united-states/ (last visited Jan. 21,
2022).
5 Id.
6 Id.
STORAGE NAME: h1411.TIE                                                                                            PAGE: 2
DATE: 1/22/2022
        The Community Planning Act (act) directs the manner in which local governments create and adopt
        their local comprehensive plans.7 The act prescribes certain principles, guidelines, standards, and
        strategies to allow for orderly and balanced future land development. 8 Current law outlines the required
        and optional elements of a comprehensive plan and includes provisions which govern agricultural lands
        and practices.9

        Current law requires solar facilities to be a permitted use in all agricultural land use categories in a local
        government’s comprehensive plan and all agricultural zoning districts within an unincorporated area.10
        Solar facilities must comply with setback and landscaped buffer area criteria for similar uses in the
        agricultural district and allows a county to adopt ordinances specifying buffer and landscaping
        requirements for facilities.11 Such requirements may not exceed those for similar uses involving
        construction of other facilities permitted in agricultural land use categories and zoning districts .12

        Floating Solar Facilities

        Floating solar, also known as floatovoltaics, is a relatively new concept that refers to any type of solar
        array that floats atop a body of water. Floating solar panels are affixed to a buoyant structure that
        keeps them above the surface of the water. Lakes, basins, and manmade bodies of water, such as
        reservoirs, are ideal for floating solar, because the waters are generally calm compared to the ocean.
        Since the technology was first patented in 2008, floating solar has predominately been installed in
        countries such as Japan, China, and the U.K.13

        In recent years, floating solar panels have made a splash in Florida waters. For example, the Altamonte
        Electric Authority, which serves Altamonte Springs, Florida, unveiled a floating solar array that
        generates one megawatt of electricity, making it the largest in Florida and the third largest in the United
        States.14 Florida Power and Light Company partnered with Miami-Dade County to launch a 402-panel
        floating solar installation near Miami International Airport.15 Orlando International Airport recently
        unveiled its first floating solar array, which is a collection of 360 solar panels that can power about 14
        homes.16

        The Lake Belt and Everglades Agricultural Areas

        The Lake Belt Area, located at the edge of the Miami-Dade County urban area, consists of 77.5 square
        miles of environmentally sensitive wetlands and lakes. This area offers the potential to act as a buffer to
        the Everglades from the negative impacts of nearby urban development. 17 The Florida Legislature
        acknowledged the importance of this area and established the Lake Belt Mitigation Committee, which is
        tasked with developing a plan for the area.18

        The South Florida Water Management District and the U.S. Army Corps of Engineers are working on

7 S. 163.3167(2),    F.S.
8 Id.
9 Ss. 163.3162 and 163.3177,     F.S.
10 S. 163.3205(3),   F.S.
11 S. 163.3205(3) and (4), F.S.
12 S. 163.3205(4), F.S.
13 Floating solar: what you need to k now, EnergySage, https://news.energysage.com/floating-solar-what -you-need-to-

know/ (last visited Jan. 21, 2022).
14 Altamonte Electric Utility, The City of Altamonte Springs Invests In Renewable Energy to Power the Future, p. 1,

available at http://www.altamonte.org/DocumentCenter/View/8800/AEU -Solar-A rray-Info-S heet (last visited Jan. 21,
2022).
15 Victoria Lewis, FPL launches nation's first floating solar array at Miami International Airport , WPTV (Jan. 29, 2020),

https://www.wptv.com/news/state/fpl-launches -nations-first-floating-solar-array -at-miami-international-airport (last visited
Jan. 21, 2022).
16 Jessica Albert, Orlando International Airport unveils its 1st floating solar array, Fox 35 Orlando (Dec. 10, 2020),

https://www.fox35orlando.com/news/mco-debuts-floating-solar-array (last visited Jan. 21, 2022).
17 Lak e Belt Mitigation Committee, South Florida Water Management District, https://www.sfwmd.gov/our-work/lake-belt-

committee (last visited Jan. 22, 2022).
18 S. 373.41492, F.S.
STORAGE NAME: h1411.TIE                                                                                                 PAGE: 3
DATE: 1/22/2022
        the Everglades Agricultural Area Reservoir Project. The project aims to construct a treatment wetland
        that will clean water and a reservoir that will store excess water from Lake Okeechobee. 19

        The Office of Energy

        The Legislature created the Office of Energy within the Department of Agriculture and Consumer
        Services to act as the energy policy and program development office for the State of Florida. The Office
        of Energy evaluates energy-related studies, analyses and stakeholder input to recommend energy
        policies and programs that will move Florida toward a more diverse, stable, and reliable energy
        portfolio.20

        Effect of Proposed Changes

        The bill promotes the use of floating solar facilities by requiring each local government to allow these
        facilities as a permitted use under certain conditions and amend its land development regulations to
        promote the use of floating solar.

        The bill provides legislative findings that:
            Floating solar facilities can be effective tools in harnessing energy in manmade bodies of water;
            Siting floating solar facilities on wastewater treatment ponds, abandoned limerock mine areas,
                and other water storage reservoirs is a beneficial use of those areas for many reasons; and
            Siting floating solar facilities should be encouraged by local governments as appropriate uses of
                water and land areas.

         The bill defines “floating solar facility” as a solar facility, as defined by current law in s. 163.3205(2),
         F.S., which is located on wastewater treatment ponds, abandoned limerock mine areas, or other
         manmade water storage reservoirs.

         Under the bill, each local government must allow floating solar facilities as a permitted use in the
         appropriate land use categories in its comprehensive plan. Each local government must amend its
         land development regulations to promote the expanded use of floating solar facilities.

         The bill allows counties to adopt an ordinance specifying buffer and landscaping requirements for
         floating solar facilities, however, such requirements may not exceed the requirements for similar uses
         involving the construction of other solar facilities that are permitted uses in agricultural land use
         categories and zoning districts.

         Under the bill, a floating solar facility may not be constructed in the Lake Belt Area or an Everglades
         Agricultural Area reservoir project if the local governments involved with the area or project determine
         that the facility will have a negative impact on that area or project.

         The bill tasks the Office of Energy within the Department of Agriculture and Consumer Services with
         submitting recommendations to the Legislature by December 31, 2022, to provide a regulatory
         framework to private and public sector entities that implement floating solar facilities.




19 Progress Continues   on the Everglades Agricultural Area Reservoir Project, South Florida Water Management District,
https://www.sfwmd.gov/our-work/cerp-project-planning/eaa-reservoir (last visited Jan. 22, 2022).
20 Office of Energy, Florida Department of Agriculture and Consumer Services, https://www.fdacs.gov/Divisions-

Offices/Energy (last visited Jan. 22, 2022).
STORAGE NAME: h1411.TIE                                                                                           PAGE: 4
DATE: 1/22/2022
   B. SECTION DIRECTORY:
       Section 1: Creates 163.32051, F.S., relating to floating solar facilities.

       Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The bill may have an insignificant impact on local government expenditures due to the requirement
           for local governments to amend their land development regulations.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


STORAGE NAME: h1411.TIE                                                                                    PAGE: 5
DATE: 1/22/2022
                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h1411.TIE                                                 PAGE: 6
DATE: 1/22/2022
F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 1411                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to floating solar facilities; creating
    3                s. 163.32051, F.S.; providing legislative findings
    4                regarding floating solar facilities; defining the term
    5                "floating solar facility"; requiring a floating solar
    6                facility to be a permitted use in certain land use
    7                categories; requiring local governments to promote
    8                expanded uses of floating solar facilities by taking
    9                specified actions; authorizing a county to specify
10                   buffer and landscaping requirements; providing
11                   exceptions to the construction of floating solar
12                   facilities; requiring the Office of Energy within the
13                   Department of Agriculture and Consumer Services to
14                   submit specified recommendations to the Legislature
15                   regarding floating solar facilities for certain
16                   entities; providing an effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                   Section 1.       Section 163.32051, Florida Statutes, is created
21         to read:
22                   163.32051       Floating solar facilities.—
23                   (1)(a)     The Legislature finds that floating solar
24         facilities, also known as "floatavoltaics," can be effective
25         tools in harnessing energy in manmade bodies of water.

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        HB 1411                                                                                               2022




26                (b)       The Legislature finds that siting floating solar
27      facilities on wastewater treatment ponds, abandoned limerock
28      mine areas, and other water storage reservoirs are beneficial
29      uses of those areas for many reasons, including the fact that
30      the water has a cooling effect on the solar panels which can
31      boost power production and the panels help decrease the amount
32      of water lost to evaporation and the formation of harmful algal
33      blooms.
34                (c)       Therefore, the Legislature finds that the siting of
35      floating solar facilities should be encouraged by local
36      governments as appropriate uses of water and land areas.
37                (2)       For purposes of this section, the term "floating solar
38      facility" means a solar facility as defined in s. 163.3205(2)
39      which is located on wastewater treatment ponds, abandoned
40      limerock mine areas, or other manmade water storage reservoir s.
41                (3)       A floating solar facility shall be a permitted use in
42      the appropriate land use categories in each local government
43      comprehensive plan and each local government must amend its land
44      development regulations to promote the expanded use of floating
45      solar facilities.
46                (4)       A county may adopt an ordinance specifying buffer and
47      landscaping requirements for floating solar facilities. The
48      requirements may not exceed the requirements for similar uses
49      involving the construction of other solar facilities that are
50      permitted uses in agricultural land use categories and zoning

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        HB 1411                                                                                               2022




51      districts.
52                (5)       Notwithstanding subsections (3) and (4), a floating
53      solar facility may not be constructed in the Lake Belt Area or
54      an Everglades Agricultural Area reservoir project if the local
55      governments involved with the area or project determine that the
56      floating solar facility will have a negative impact on that area
57      or project.
58                (6)       The Office of Energy within the Department of
59      Agriculture and Consumer Services shall develop and submit
60      recommendations to the Legislature by December 31, 2022, to
61      provide a regulatory framework to private and public sector
62      entities that implement floating solar facilities.
63                Section 2.       This act shall take effect July 1, 2022.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1411-00
HB 1469
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1469 Transportation Facility Designations
SPONSOR(S): Grieco
TIED BILLS:       IDEN./SIM. BILLS: SB 1682

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
Under current law, the Legislature may designate a transportation facility, such as a bridge, interchange, or
portion of a road, for honorary or memorial purposes or to distinguish a particular facility. Legislative
designations do not change the official names of the facilities. The Department of Transportation (DOT) erects
markers for each designation, but may not do so until the appropriate city or county commission passes a
resolution in support of the designation.

The bill honors the 98 people who died in the Champlain Towers South collapse in Surfside, Florida, by
designating “98 Points of Light Road” in Miami-Dade County.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the designation. The cost can be absorbed within DOT’s existing resources.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1469.TIE
DATE: 1/21/2022
                                                  FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Transportation Facility Designations
        Under current law, the Legislature may designate a transportation facility, such as a bridge,
        interchange, or portion of a road, for honorary or memorial purposes or to distinguish a particular
        facility. Legislative designations do not change the official names of the designated facilities, and do not
        require local governments or private entities to change street signs, mailing addresses, or 911
        emergency telephone-number system listings to account for the designations.1

        Current law sets standards for the naming of state buildings and other facilities. The law provides that
        except as specifically provided by law, state buildings, roads, bridges, parks, recreational complexes,
        and other similar facilities may not be named for a living person.2

        Road Markers
        The Department of Transportation (DOT) must place a marker at each terminus or intersection of a
        designated road, bridge, or other transportation facility and erect other markers it deems appropriate for
        the facility.3 Road markers may not be erected until the appropriate city or county commission passes a
        resolution in support of a particular designation. Additionally, if a designated facility extends through
        multiple cities or counties, a resolution must be passed by each affected local government before the
        road markers can be erected by DOT.4

        Champlain Towers South
        In the early morning hours of June 24, 2021, a portion of Champlain Towers South collapsed. The
        condominium building located in Surfside, Florida, had 136 units, of which 55 were destroyed during the
        collapse. At the time, many of the building’s units were occupied by residents who were asleep in their
        beds.5 After the collapse, rescue crews spent 29 days searching for victims in the rubble.6 The final
        victim was identified on July 26, 2021, which brought the death toll to 98.7, 8

        Effect of the Bill

        Under the bill, that portion of S.R. A1A/Collins Avenue between 87th Terrace and 88th Street in Miami-
        Dade County is designated as “98 Points of Light Road.” The bill requires DOT to erect suitable
        markers.

    B. SECTION DIRECTORY:
        Section 1: Designates “98 Points of Light Road.”

1 S. 334.071(1),   F.S.
2 S. 267.062(1),   F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 Gina Harkins, What you need to k now about the Florida condo collapse as the search for survivors continues and probe

begins, The Washington Post (July 10, 2021), https://www.washingtonpost.com/nation/2021/06/25/ florida -condo-collapse-
what-you-should-know/ (last visited Jan. 21, 2022).
6 Xander Landen, Surfside Rescue Crews Saluted as Mission Ends 29 Days After Condo Collapse, Newsweek (Jul. 23,

2021), https://www.newsweek.com/surfside-rescue-crews-salut ed-mission-ends-29-days-aft er-condo-collapse-1612697
(last visited Jan. 21, 2022).
7 Remembering those who died in the Champlain Towers condo collapse in Surfside, Florida, The Palm Beach Post (Aug.

11, 2021), https://www.palmbeachpost.com/in-depth/news/2021/06/ 28/surfside-miami-florida-building-collapse-victims-
who-died-obituaries/5365626001/ (last visited Jan. 21, 2022).
8 See also Connie Ogle, Remembering the victims of the Surfside tower collapse, Miami Herald (Dec. 20, 2021),

https://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article253088463.html (last visited Jan. 21,
2022) (provides information about the people who died in the Champlain Towers South collapse).
STORAGE NAME: h1469.TIE                                                                                         PAGE: 2
DATE: 1/21/2022
       Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           DOT estimates a cost of $1,040 for the appropriate markers, which provides for two signs per
           designation at $520 per sign.9 Therefore, the bill has an estimated negative fiscal impact of $1,040
           to the State Transportation Trust Fund. This cost can be absorbed within existing DOT resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.



9 Email from Amanda Marsh, Legislative  Analyst, Florida Department of Transportation, FDOT Memorial Roadway
Designation Sign Estimate, (Sep. 15, 2021).
STORAGE NAME: h1469.TIE                                                                                        PAGE: 3
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           HB 1469                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to transportation facility
    3                designations; providing an honorary designation of a
    4                certain transportation facility in a specified county;
    5                directing the Department of Transportation to erect
    6                suitable markers; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                   Section 1.       98 Points of Light Road designated; Department
11         of Transportation to erect suitable markers.—
12                   (1)       That portion of S.R. A1A/Collins Avenue between 87th
13         Terrace and 88th Street in Miami-Dade County is designated as
14         "98 Points of Light Road."
15                   (2)       The Department of Transportation is directed to erect
16         suitable markers designating 98 Points of Light Road as
17         described in subsection (1).
18                   Section 2.       This act shall take effect July 1, 2022.




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                                                                                                                hb1469-00
PCS for HB 101
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 101 Improvements to Real Property
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Tourism, Infrastructure & Energy                                       Johnson            Keating
       Subcommittee

                                             SUMMARY ANALYSIS
In 2010, the Legislature provided specific authority for local governments to create Property Assessed Clean
Energy (PACE) programs to provide up-front financing for certain qualifying improvements. Under these
programs, property owners may apply to the local government for funding to finance a qualifying improvement
and voluntarily enter into a financing agreement with the local government. “Qualifying improvements” include
energy conservation and efficiency improvements, renewable energy improvements, and wind resistance
improvements to existing facilities. Property owners finance qualifying improvements through a non-ad valorem
assessment on their property. Local governments determine whether to offer a residential or commercial PACE
program, whether to administer the program directly or through a for-profit or not-for-profit administrator, or any
combination thereof.
The bill adds several consumer protections relating to the current PACE program, including:
    Specifying that a financing agreement may not be used to fund ancillary work not meeting specified
        conditions.
    Capping the total of all non-ad valorem assessments, plus any mortgage-related debt on the property,
        at 97 percent of a residential property’s fair market value.
    Requiring a determination that a residential property owner is able to pay the assessment and meets
        certain minimum creditworthiness requirements.
    Allowing property owners to cancel a financing agreement within three days of execution.
    Ensuring that financing agreements do not exceed the estimated useful life of the qualifying
        improvement.
    Requiring acknowledgement of a number of key terms and disclosures, both orally and in writing,
        before execution of the financing agreement by the property owner.
    Requiring the appropriate licensure and background screening for contractors who install qualifying
        improvements under a PACE program.
    Requiring verification that the work was completed to code before funds are disbursed.
    Imposing certain marketing and communication guidelines, including limitations and prohibitions on
        solicitation, advertising, and other inducements.
    Specifying terms relating to enforceability of contracts for qualifying improvements and associated
        remedies.
The bill also requires the local government to post an online annual report documenting certain PACE
activities.
The bill does not have a fiscal impact on state government. The bill does not appear to impact local
government revenues, but may have an insignificant negative impact on local government expenditures.
The bill takes effect on July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0101.TIE
DATE: 1/21/2022
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Property Assessed Clean Energy (PACE) Programs

         Generally, Property Assessed Clean Energy (PACE) programs enable local governments to establish
         programs to provide financing for certain qualifying improvements on real property which reduce energy
         consumption and increase energy efficiency. PACE allows individual property owners to contract
         directly with qualified contractors for energy efficiency and renewable energy projects. The local
         government issues revenue bonds and uses the proceeds to provide initial project funding, which
         bonds are repaid by non-ad valorem assessments on participating property owners’ tax bills. 1 The first
         residential PACE program was launched in 2008 in Berkeley and Palm Desert, California.2 PACE
         programs are active in 24 states plus Washington D.C., but only California, Florida, and Missouri offer
         residential PACE programs.3

         PACE in Florida

         In 2010, the Legislature provided specific authority for local governments to create PACE programs.4
         The statute5 provides supplemental authority to local governments 6 concerning qualified improvements
         to residential and non-residential real property. The law provides that if a local government authorizes a
         PACE program, property owners may apply to the local government for funding to finance a qualifying
         improvement and voluntarily enter into a financing agreement with the local government. 7 “Qualifying
         improvements” include energy conservation and efficiency improvements, renewable energy
         improvements, and wind resistance improvements to existing facilities.8

         At least 30 days before entering into the financing agreement, the property owner must provide notice
         to any mortgage holder or loan servicer of the intent to enter into the agreement, the maximum amount
         to be financed, and the maximum annual assessment required to repay the amount.9 The law provides
         that an acceleration clause for “payment of the mortgage, note, or lien or other unilateral modification
         solely as a result of entering into a financing agreement … is not enforceable.”10 However, the
         mortgage holder or loan servicer may increase the required monthly escrow by an amount necessary to
         pay annually the qualifying improvement assessment.

         The law authorizes a local government to partner with one or more other local governments to provide
         and finance qualifying improvements, levy a non-ad valorem assessment to fund a qualifying
         improvement, incur debt to provide financing for qualifying improvements, and collect costs incurred
         from financing qualifying improvements through a non-ad valorem assessment. These non-ad valorem
         assessments are senior to existing mortgage debt,11 so if the homeowner defaults on their mortgage or

1 For more information, see http://www.pacenation.org and http://floridapace.gov/ (last visited Jan. 19, 2022).
2 NCSL, PACE Financing https://www.ncsl.org/research/energy/pace-financing.aspx (last visited Jan. 19, 2022).
3 California offers residential PACE financing for improvements related to electric vehicle charging, infrastructure, energy ef ficiency,

renewable energy, seismic strengthening and water efficiency. Missouri offers PACE financing for improvements related to energy
efficiency and renewable energy. Additionally, Maine offers residential programs without holding a lien against properties. N CSL, A
Clean-Energy Financing Program for Homeowners Now Has Tougher Consumer Protections (Nov. 17, 2017),
https://www.ncsl.org/bookstore/state-legislatures-magazine/clean-energy-financing-consumer-protection.aspx. See also PACE Nation,
PACE Programs https://www.pacenation.org/pace-programs/ (last visited Jan. 19, 2022).
4 Ch. 2010-139, Laws of Fla.
5 S. 163.08, F.S.
6 Section 163.08(2)(a), F.S., defines the term “local government” to mean a county, a municipality, a dependent special district as

defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) (the Florida Interlocal Cooperation Act).”
7 S. 163.08(4), F.S.
8 S. 163.08(2)(b), F.S.
9 S. 163.08(13), F.S.
10 S. 163.08(15), F.S.
11 See ss. 125.01(1)(r), 170.01 and 170.09, F.S.

STORAGE NAME: pcs0101.TIE                                                                                                            PAGE: 2
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         goes into foreclosure, the delinquent PACE assessment payments may be recovered before the
         mortgage. Current law also specifies that a PACE program may be administered by a for-profit entity or
         a not-for-profit organization on behalf of and at the discretion of the local government.

         In 2012, the Legislature expanded the definition of “local government” to allow a partnership of local
         governments formed pursuant to the Florida Interlocal Cooperation Act 12 to enter into a financing
         agreement wherein the partnership, as a separate legal entity, imposes the PACE assessment.13

         To participate in a PACE program, a property owner must have paid property taxes and not been
         delinquent for the previous three years.14 The total assessment cannot be for an amount greater than
         20 percent of the just value of the property as determined by the county property appraiser, unless
         consent is obtained from the mortgage holders.15

         In Florida, local governments typically have multiple non-exclusive agreements with a number of PACE
         providers.16 Generally, PACE providers are private companies that administer the local government’s
         PACE program on behalf of the local government and provide funding from private sources. PACE
         providers generally act as the program administrator for special districts created pursuant to an
         interlocal agreement between two or more Florida local governments. Once the PACE district is
         created, additional counties or municipalities may join the special district as members, authorizing the
         PACE provider for the special district to administer PACE programs on behalf of the newly joined
         members.17 PACE providers generally maintain a list of approved contractors authorized to provide
         qualifying improvements.18

         For example, Broward County authorizes the following PACE providers:19
              Counterpointe Energy Solutions provides financing under the “AllianceNRG” Program
                (residential) and the "CounterpointeSRE" Program (commercial). Administers PACE program
                for the Florida PACE Funding District.
              Berkadia administers a commercial PACE program. Administers PACE program for the Florida
                Renewable Energy District.
              CleanFund administers a commercial PACE program. Administers PACE program for the
                Florida Renewable Energy District.
              Dividend Finance administers the “Dividend” Program. Administers PACE program for the
                Florida Renewable Energy District.
              FortiFi Financial administers a residential PACE program. Administers PACE program through
                the Florida PACE Funding District.
              Greenworks Lending administers a commercial PACE program. Administers PACE program for
                the Florida Resiliency and Energy District.
              Lever Energy Capital administers a commercial PACE program. Administers PACE program for
                the Florida Resiliency and Energy District.
              Home Run Financing administers a residential PACE Program. Administers PACE program for
                the Florida Resiliency and Energy District.
              Rahill administers a commercial PACE program. Administers PACE program for the Florida
                PACE Funding District.
              Renew Financial administers PACE programs under the “RenewPACE” Program (residential
                and commercial). Administers PACE program for the Florida Green Finance Authority.


12 S. 163.01(7), F.S.
13 Ch. 2012-117, Laws of Fla.
14 S. 163.08(9), F.S.
15 S. 163.08(12)(a), F.S.
16 See Florida Pace Funding Agency, Service Areas, https://floridapace.gov/serviceareas/ (last visited Jan. 19, 2022).
17 See Green Corridor Property Assessed Clean Energy (PACE) District Town of Cutler Bay, Florida Financial Report for the Fiscal

Year Ended Sept. 30, 2020, at 13,
https://flauditor.gov/pages/specialdistricts_efile%20rpts/2020%20green%20corridor%20property%20assessment%20clean%20energy
%20(pace)%20district.pdf (last visited Jan. 19, 2022).
18 See Sarasota County, PACE, https://www.scgov.net/government/uf-ifas-extension-and-sustainability/pace (last visited Jan. 19, 2022).
19 Broward County, Property Assessed Clean Energy (PACE)

https://www.broward.org/NaturalResources/Sustainability/Pages/PACE.aspx (last visited Jan. 19, 2021).
STORAGE NAME: pcs0101.TIE                                                                                                    PAGE: 3
DATE: 1/21/2022
                 Structured Finance Associates administers a commercial PACE program. Administers PACE
                  program for the Florida Renewable Energy District.
                 Twain Financial Partners administers a commercial PACE program. Administers PACE program
                  for the Florida Resiliency and Energy District.
                 Ygrene administers the “Clean Energy Program” (residential and commercial). Administers
                  PACE program for the Clean Energy Green Corridor Pace District.

         Local governments may choose whether to offer a residential or commercial PACE program, whether
         to administer the program directly or through a third-party PACE provider, or any combination thereof.

         Currently, PACE financing typically offers an average interest rate of 5 to 8 percent, not including
         additional associated fees, which is repaid over a term of 15 to 20 years. Interest rates and fees for a
         project are set by the PACE provider when the agreement is finalized with the property owner. 20

         Federal Housing Finance Agency and Super-Priority Liens

         In 2010, and again in 2014,21 the Federal Housing Finance Agency (FHFA) directed mortgage
         underwriters Fannie Mae and Freddie Mac not to purchase mortgages of homes encumbered by a first-
         lien PACE loan due to its senior status above a mortgage. Under normal circumstances, real estate lien
         priority is established by the order in which the liens are filed.22

         According to the FHFA, such super-priority liens increase the risk of losses to taxpayers. Fannie Mae
         and Freddie Mac support the housing finance market by purchasing, guaranteeing, and securitizing
         single-family mortgages. Therefore, mortgages supported by Fannie Mae and Freddie Mac must
         remain in first-lien position, meaning they have first priority in receiving the proceeds from the sale of a
         property in foreclosure. Although FHFA generally supports energy retrofit financing programs, FHFA
         acknowledges that such programs should be structured to ensure protection of the core financing for
         the home.23

         This restriction has two potential implications for borrowers. First, a homeowner with a first-lien PACE
         loan may not refinance their existing mortgage with a Fannie Mae or Freddie Mac mortgage. Second,
         anyone wanting to buy a home that already has a first-lien PACE loan cannot use a Fannie Mae or
         Freddie Mac loan for the purchase. These restrictions may reduce the marketability of the house or
         require the homeowner to pay off the PACE loan before selling the house.24

         Additionally, in December 2017, the United States Department of Housing and Urban Development
         announced that the Federal Housing Administration will no longer insure new mortgages on properties

20 See PACE Broward, Frequently Asked Questions,

https://www.broward.org/Climate/EnergyAndSustainabilityProgram/Documents/PACE%20Broward%20FAQ%20Sheet_Update4_09212
018.pdf (last visited Mar. 9, 2021).
21 Federal Housing Finance Agency, FHFA Statement on Certain Energy Retrofit Loan Programs (July, 6, 2010),

http://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Statement-on-Certain-Energy-Retrofit-Loan-Programs.aspx (last visited Jan. 19,
2022). See also Federal Housing Financial Agency, Statement of the Federal Housing Finance Agency on Certain Super Priority Liens
(December 22, 2014)(“FHFA wants to make clear to homeowners, lenders, other financial institutions, state officials, and the public that
Fannie Mae and Freddie Mac’s policies prohibit the purchase of a mortgage where the property has a first -lien PACE loan attached to
it”) http://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-of-the-Federal-Housing-Finance-Agency-on-Certain-Super-Priority-
Liens.aspx (last visited Jan. 19, 2022).
22
   “Real estate liens generally are ordered so that prior liens are paid in foreclosure before liens filed later in time. For example, a
mortgage loan used to buy the property takes priority over a later mortgage loan used to remodel the home. The earliest and thus
highest priority mortgage loan is known as a first lien, while the subsequent mortgage loan is deemed a second lien. If the h omeowner
defaults on the second lien loan, the first lien mortgage holder retains the lien even if the second lien mortgage holder forecloses;
however, the converse is not true. Tax assessments are an exception to this lien priority rule. Generally, unpaid property ta x
assessments have priority over other liens, regardless of the date the prior liens were recorded or when the tax assessments became
delinquent. This makes the lien priority for PACE financing senior to liens for mortgage loans closed prior to the homeowner’ s
acceptance of the PACE financing. In the case of default by the homeowner on the PACE assessment, local governments and
investors in PACE bonds can expect to collect the balance owed on a PACE assessment before any recovery by a mortgage lender. ”
Prentiss Cox, Keeping PACE?: The Case Against Property Assessed Clean Energy Financing Programs, 83 U. Colo. L. Rev. 83, 94
(2011), https://scholarship.law.umn.edu/faculty_articles/549 (last visited Jan. 19, 2022).
23 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 21.
24 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 21.

STORAGE NAME: pcs0101.TIE                                                                                                      PAGE: 4
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         that include PACE assessments, citing concerns about the potential for increased losses to the Mutual
         Mortgage Insurance Fund resulting from the priority lien status given to such assessments.25

         Some residential PACE programs are now operating with loan loss reserve funds, appropriate
         disclosures, or other protections meant to address FHFA's concerns. 26 For example, in 2013 California
         created a reserve fund to compensate first mortgage lenders in case of a foreclosure or a forced sale
         attributable to a PACE loan. Additionally, Oklahoma and Vermont have passed legislation to
         downgrade PACE from senior lien to junior lien, and there have been attempts by Congress to revise
         residential PACE programs at the federal level, including the 2014 PACE Assessment Protection Act. 27

         Consumer Protection

         Consumer issues have surrounded the PACE programs from their inception.28 These include the cost
         of funding, contractor sales techniques (notably, responding to a limited homeowner problem and
         marketing a full house retrofit), rolling the administrative fees for the local government into the PACE
         loan amount, product sales at above market interest rates, workmanship issues, inadequate
         disclosures, and indiscriminate lending regardless of ability to repay.29

         In response to these consumer issues, Congress amended the Truth in Lending Act in 2018 to direct
         the Consumer Financial Protection Bureau to implement federal regulations which provide more
         effective consumer protections relating to PACE loans, especially those related to the ability of a
         homeowner to repay the loan.30

         The United States Department of Energy maintains “best practice guidelines” for residential PACE
         financing programs, which includes measures relating to:
               Establishing financial eligibility and verifying property ownership;
               Confirming property-based debt, tax assessments, and property valuation;
               Reviewing property owner income and debt obligations;
               Establishing consumer and lender protections;
               Establishing property owner education and disclosures;
               Providing a right to cancel the purchase;
               Determining appropriate minimum equity requirements and appropriate maximum
                 assessments;
               Providing equipment specifications and energy assessments;
               Defining the relationship between PACE assessments and mortgage financing;
               Providing for non-acceleration upon property owner default;
               Notifying mortgage holders of record; and
               Addressing the needs and potential vulnerabilities of low-income and elderly households.31



25 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
26
   Commercial PACE programs were not directly affected by FHFA’s actions because Fannie Mae and Freddie Mac do not underwrite
commercial mortgages.
27 NCSL, PACE Financing https://www.ncsl.org/research/energy/pace-financing.aspx (last visited Mar. 7, 2021).
28 “PACE loans, offered through home improvement contractors, often in door-to-door sales, and secured by a property tax lien, are

collected through a property tax assessment that takes priority over any existing mortgage. PACE programs must be authorized by
state and local governments, but are privately run with little or no government overs ight. Over the last two years, there has been a
sharp increase in homeowners seeking assistance from legal services and other organizations in relation to PACE loans. The go al of
improving home energy efficiency is being overshadowed by the lack of adequate consumer protection for these loans. Weak PACE
loan regulation enables contractors to saddle homeowners with debt they cannot afford and puts their homes at risk for forecl osure.”
National Consumer Law Center, Advocates Applaud CFPB’s Intention to Deal with PACE Loan Program Ab uses (Mar. 4, 2019),
https://www.nclc.org/media-center/advocates-applaud-cfpbs-intention-to-deal-with-pace-loan-program-abuses.html (last visited Jan. 19,
2022).
29 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11 ,2738 (Jan. 16, 2020).
30 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020). See also Public Law 115–174

(2018), section 307; codified at 15 U.S.C. 1639c(b)(3)(C). and Bureau of Consumer Financial Protection, Advance Notice of Proposed
Rulemaking on Residential Property Assessed Clean Energy Financing, 84 FR 8479 (Mar. 8, 2019).
31 Department of Energy, Best Practice Guidelines for Residential PACE Financing Programs (Nov. 18, 2016),

https://www.energy.gov/sites/prod/files/2016/11/f34/best-practice-guidelines-RPACE.pdf (last visited Jan. 19, 2022).
STORAGE NAME: pcs0101.TIE                                                                                                    PAGE: 5
DATE: 1/21/2022
        Some local governments in Florida have implemented more stringent consumer protections than those
        required by Florida law.32

        Effect of the Bill

        The bill amends s. 163.08, F.S., providing a number of changes to the PACE program.

        Eligibility for PACE Loans

        The bill provides that the total amount of any non-ad valorem assessment for a property under s.
        163.08, F.S., may not exceed 20 percent of the fair market value of the property. Additionally, the total
        of any non-ad valorem assessments plus any mortgage-related debt on the property may not exceed
        97 percent of the fair market value of the property. The fair market value of the property must be
        derived using any methodology commonly used in the real estate finance industry.

        The bill requires a PACE program administrator to use certain information to reasonably determine
        whether the property owner has the ability to pay the annual assessment for the qualifying
        improvement, including the property owner's household income, housing expenses, assets, and other
        debt obligations.

        The bill specifies that a financing agreement may not be used to fund ancillary work unless the scope of
        the ancillary work is directly related to and necessary for the installation and safe operation of a
        qualifying improvement and the cost of the ancillary work does not exceed the cost of the individual
        qualifying improvement to which it is directly related.

        The bill creates definitions for the following terms:
            "Facility," means any portion of a building, structure, or site improvement located on a site as
                defined in Section 202 of the 2020 Florida Building Code.
            "PACE contractor" means an independent contractor who is authorized under s. 163.08, F.S. to
                contract with a property owner to install qualifying improvements on real property and who is not
                the owner of the property.
            "Program administrator" means a for-profit or not-for-profit entity which administers a qualifying
                improvement program on behalf and at the discretion of a local government.
            "Qualifying improvement program" means a program that includes financing and administration
                activities undertaken by a program administrator or other authorized entity for property owners
                to purchase and install qualifying improvements on a building or facility.
            "Residential property" means real estate on which any of the following is located:
                    o One single-family residential unit or one multifamily structure containing one to four
                         residential units;
                    o Single-family residential units such as condominiums, townhouses, timeshares, mobile
                         homes, or houses in a subdivision that may be legally sold, leased, or otherwise
                         conveyed on a unit-by-unit basis, regardless of whether the units are a part of a larger
                         building or parcel containing more than four residential units.

        Written Disclosures

        The bill specifies that, before entering into a financing agreement for a qualifying improvement, the
        local government or program administrator must determine if:
             The property owner is current on all mortgage debt on the property and has had no more than
                one late payment exceeding 30 days during the 12 months immediately preceding the
                application date.
             The holders or loan servicers of any mortgage encumbering or otherwise secured by the
                property have received notice of the assessment at least 30 days in advance.


32 See, e.g., Palm Beach County, Ord. No. 2017-012, Section 6. Disclosure Requirements

https://discover.pbcgov.org/resilience/PDF/PACE_ORDINANCE_2017 -012%20-%20ADA%20Compliant.pdf (last visited Jan. 19, 2022).
STORAGE NAME: pcs0101.TIE                                                                                          PAGE: 6
DATE: 1/21/2022
              Property owners whose taxes are paid through an escrow account have notified the holder of
               the escrow account that a non-ad valorem assessment will be imposed upon the property.
              The term of the financing agreement does not exceed the estimated useful life of the qualifying
               improvement.
              The property owner has acknowledged certain written disclosures, as described below.
              A residential property owner has not been subject to a bankruptcy proceeding within the last
               seven years unless it was discharged or dismissed more than two years prior.
              A residential property owner is current on nonmortgage debt excluding medical debt, and has
               had no more than one late payment exceeding 30 days during the 12 months.
              The property is within the geographic boundaries of the applicable qualifying improvement
               program.
              The property owner has obtained or sought to obtain additional qualifying improvements on the
               same property that have not yet been recorded.

       The bill requires that the local government or program administrator, before execution of the financing
       agreement, provide a written disclosure form to the property owner, which contains the key terms of the
       agreement, including:
           A description of the qualifying improvement;
           The total financed amount, including the cost of the qualifying improvement, ancillary work,
               installation, program fees, and prepaid interest, if any;
           The annual assessment process and yearly payment schedule;
           The amount of the annual assessment;
           The term of the total financed amount;
           The interest rate for the financed amount;
           The annual percentage rate;
           The total estimated annual costs that the residential real property owner will have to pay under
               the assessment contract, including applicable fees;
           The total estimated average monthly equivalent amount of funds the residential real property
               owner would have to save in order to pay the annual costs of the assessment, including
               applicable fees;
           The estimated date when the residential real property owner's first property tax payment, which
               includes the assessment, will be due.

       The disclosure form must contain the following statements, which must be individually acknowledged in
       writing:
            "I UNDERSTAND THAT IF I SELL OR REFINANCE THE PROPERTY, I MAY BE REQUIRED
                TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS A CONDITION OF THE SALE
                OR THE REFINANCE OF THE PROPERTY." (This disclosure must be made in 24-point, bold
                font.)
            "I understand that the annual assessment will be paid when property taxes are paid and will
                result in a lien being placed on my property."
            "I understand that the annual assessment will be added to my property tax bill and if I pay my
                property taxes through my mortgage payment using an escrow account, I must notify my
                mortgage lender."
            "I understand that if I fail to pay the annual assessment, I may incur penalties and fees and the
                local government could issue a tax certificate which might result in the loss of my property."
            “I understand that any potential utility or insurance savings are not guaranteed and will not
                reduce the assessment or total assessment amount.”
            "I understand that I have 3 days to cancel the financing agreement. The 3-day right expires on
                midnight of the third business day after I sign the agreement."
            “I understand that the local government, program administrator, or PACE contractor do not
                provide tax advice and that I should seek professional tax advice if I have questions regarding
                tax credits, tax deductibility, or other tax impacts of the qualifying improvement or the
                assessment contract.
            "I understand that I cannot be assessed a penalty if I prepay the outstanding financed amount."

STORAGE NAME: pcs0101.TIE                                                                               PAGE: 7
DATE: 1/21/2022
       A printed cancellation form must be provided to the property owner no later than the time the property
       owner signs the financing agreement that allows the property owner to cancel the contract.

       Oral Disclosures

       The bill requires the local government or program administrator to conduct an oral, recorded, telephone
       call in the owner’s preferred language, and which uses plain language, confirming the disclosures
       described above. The owner or his or her authorized representative must provide written
       acknowledgement that the oral confirmation was given. The bill also requires that the local government
       or program administrator develop additional procedures to address the needs and concerns of elderly
       persons.

       Other Encumbrances on Property

       The bill prohibits a PACE loan on any residential real property where an existing loan encumbering the
       property is subject to:
           A negative amortization schedule;
           A balloon payment; or
           Pre-payment fees, other than nominal administrative costs.

       Contractor Screening

       The bill states that a local government or program administrator may not enroll a PACE contractor who
       offers financing on residential real property unless:
            The PACE contractor maintains in good standing an appropriate license from the state, if
                applicable, as well as any other permits, licenses, or registrations required for engaging in its
                business in the jurisdiction where it operates and maintains all state required bond and
                insurance coverage.
            The PACE contractor agrees, in writing, to comply with all applicable laws, including applicable
                advertising and marketing laws and regulations and other requirements in the bill.
            A process exists to enroll new PACE contractors, including a reasonable review of the
                contractor’s:
                    o Relevant work or project history,
                    o Financial and reputational background checks, and
                    o Status on the Better Business Bureau or other online platforms that track contractor
                        reviews.

       Contractor Payment

       The bill requires that, before disbursing funds to a PACE contractor for a qualifying improvement on
       residential real property, the local government or program administrator must first confirm that the
       applicable work or service has been completed and that the local government has determined the work
       complies with applicable codes and standards, including but not limited to the Florida Building Code
       and the Florida Fire Prevention Code.

       The bill also prohibits disclosure of the maximum financing amount for which a residential real property
       owner is eligible to the PACE contractor or to a third party engaged in soliciting assessment contracts
       under the PACE program.

       Marketing and Communications Guidelines

       The bill requires that a local government, program administrator, or PACE contractor, or a third party
       engaged in marketing on the behalf of these entities, must comply with the following marketing and
       communications guidelines and may not:
           Suggest or imply that:
                   o An assessment is a government assistance program;

STORAGE NAME: pcs0101.TIE                                                                                  PAGE: 8
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                      o  Qualifying improvements are free or provided at no cost, or that the financing related to
                         an assessment is a free or no cost program; or
                     o The financing of a qualifying improvement using the PACE program does not require the
                         property owner to repay the financial obligation.
                 Make any representation as to the tax deductibility of an assessment on residential real
                  property, but they may encourage a property owner to seek the advice of a tax professional
                  regarding tax matters related to assessments.

         Unenforceable Contracts and Associated Remedies

         The bill specifies that a contract to sell or install a qualifying improvement that is related to an
         application for financing under a PACE program for a residential property is unenforceable, and a
         PACE contractor may not begin work under such a contract, if:
             The property owner would not have entered into the contract but for the belief that the qualifying
                 improvement or its installation would be paid under the financing agreement;
             The property owner applied for, accepted, and canceled a qualifying improvement financing
                 agreement within the 3-day right-to-cancel period.

         If a PACE contractor has initiated work on a residential property under an unenforceable contract as
         determined above, the PACE contractor:
               May not receive compensation for that work under the financing agreement.
               Must restore the property to its original condition at no cost to the property owner.
               Must immediately return any money, property, and other consideration given by the property
                owner. If the property owner provided any property and the PACE contractor does not or cannot
                return it, the PACE contractor must immediately return the fair market value of the property or
                its value as designated in the contract, whichever is greater.

         If the PACE contractor has delivered chattel33 or fixtures to the residential property pursuant to an
         unenforceable contract, the PACE contractor has 90 days from the date the contract was executed to
         retrieve the chattel or fixtures provided that:
               The PACE contractor has fulfilled certain requirements under the bill.
               The chattel and fixtures can be removed at the PACE contractor's expense without damaging
                 the property owner's property and practically returned.
               The residential property owner may retain any chattel or fixtures provided pursuant to an
                 unenforceable contract if a PACE contractor fails to comply with these provisions.

         A contract which is otherwise unenforceable remains enforceable if the residential property owner
         waives his or her right to cancel the contract, allows the PACE contractor to proceed with the
         installation of the qualifying improvement, and cancels the financing agreement.

         Limitations and Prohibitions on Solicitation, Advertising, and Other Inducements

         The bill specifies that a program administrator may not authorize a PACE contractor or third party to
         advertise the availability of financing agreements or solicit property owners on behalf of the program
         administrator, unless:
             The PACE contractor or third party maintains the appropriate registration or certification from
                 the Construction Industry Licensing Board or any other permit, license, or registration required
                 to conduct business in the jurisdiction where it operates, and provides proof of having the
                 required bond and insurance coverage amounts.




33 “Chattel” means “A catch-all category of property mostly associated with movable goods. At common law, chattel included all

property that was not real estate and not attached to real estate. Examples included everything from leases, to cows, to clot hes. In
modern usage, chattel often merely refers to tangible movable personal property.” Cornell Law School, Legal Information Institute,
https://www.law.cornell.edu/wex/chattel#:~:text=A%20catch%2Dall%20category%20of,to%20tangible%20movable%20personal%20pro
perty (last visited Jan. 19, 2022).
STORAGE NAME: pcs0101.TIE                                                                                                        PAGE: 9
DATE: 1/21/2022
              The program administrator obtains the PACE contractor's or third party's written agreement that
               the PACE contractor or third party will meet applicable laws and rules and qualifying
               improvement program policies and procedures, including those on advertising and marketing.

       A local government or program administrator may not:
            Provide any direct or indirect cash payment or thing of material value to a PACE contractor in
               excess of the actual price charged by that PACE contractor for the sale and installation of the
               qualifying improvements that are financed by a financing agreement. However, a local
               government or program administrator may provide information or services to a PACE contractor
               to facilitate the installation of a qualifying improvement for a property owner.
            Reimburse a PACE contractor for its expenses for advertising and marketing campaigns and
               materials. A program administrator and a PACE contractor may share expenses in connection
               with joint advertising and marketing campaigns and materials, if the expenses are shared on a
               commercially reasonable basis.
            Provide any direct cash payment or other thing of material value to a property owner explicitly
               conditioned upon the property owner entering into a financing agreement. However, a program
               administrator may offer programs or promotions that provide reduced fees or interest rates if the
               reduced fees or interest rates are reflected in the financing agreements and are not provided to
               the property owners as cash consideration.
            Provide to a PACE contractor engaged in soliciting financing agreements on its behalf any
               information that discloses the amount of funds for which a property owner is eligible for
               qualifying improvements or the amount of equity in a property.

       For residential properties, a PACE contractor may not provide a different price for a qualifying
       improvement financed under this section than the PACE contractor would provide if the property owner
       paid for the improvement in cash.

       Annual Report

       The bill requires each local government that has authorized a PACE program post an annual report on
       its website by April 1 containing the following information:
            The number of qualifying improvements funded.
            The aggregate, average, and median dollar amounts of annual and total qualifying
               improvements assessments funded.
            The percentage, the number, and the dollar value of qualifying improvements assessments
               represented by the category types consisting of energy efficiency, renewable energy, and wind
               resistance.
            The number of defaulted assessments including the total number and defaulted amount, the
               number and dates of missed payments, the total number of parcels defaulted and years in
               default, and the percentage of defaults by total assessments.
            A summary of all reported violations of this section, including the resolution of each.
            The estimated number of jobs created.
            The number and percentage of homeowners 60 years of age or older participating in a
               qualifying improvement program.

   B. SECTION DIRECTORY:
       Section 1       Amends s. 163.08, F.S., providing for certain requirements related the property
                       assessed clean energy program.

       Section 2       Provides an effective date of July 1, 2022.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

STORAGE NAME: pcs0101.TIE                                                                                PAGE: 10
DATE: 1/21/2022
       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The bill may have an insignificant negative impact on local government expenditures as a result of
           the annual report requirement.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       To the extent that a local government or program administrator does not already impose similar
       consumer protection measures, the bill will benefit property owners who choose to finance qualifying
       improvements through a PACE program by ensuring that property owners are fully informed as to the
       key terms and potential consequences of a PACE loan and by requiring a determination that they are
       capable of repaying the loan. The bill may result in fewer defaults and potential foreclosures.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: pcs0101.TIE                                                                                PAGE: 11
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           BILL                                       ORIGINAL                                                  YEAR




    1                                         A bill to be entitled
    2              An act relating to improvements to real property;
    3              amending s. 163.08, F.S.; providing and revising
    4              definitions; prohibiting financing agreements for
    5              qualifying improvements to fund ancillary work unless
    6              specified criteria are met; prohibiting financing
    7              agreements for qualifying improvements from being
    8              approved unless specified criteria are met; requiring
    9              the program administrator or other entity to use
10                 specified information provided by the property owner
11                 to determine the owner's ability to pay the annual
12                 non-ad valorem assessment; providing criteria to be
13                 used in making the determination; requiring the local
14                 government or program administrator to develop a
15                 written disclosure form to be given to property owners
16                 that meets specified criteria; requiring the local
17                 government or program administrator to provide a
18                 printed cancellation form to and conduct an oral,
19                 recorded telephone call with the property owner at a
20                 specified time and containing specified information;
21                 requiring the local government or program
22                 administrator to develop procedures to address the
23                 needs of elderly persons; specifying the total amount
24                 of any non-ad valorem assessment that may be assessed
25                 on properties as a result of qualifying improvements;

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26              prohibiting local governments or program
27              administrators from offering financing for certain
28              qualifying improvements if those financing agreements
29              meet certain criteria; providing criteria that must be
30              met before a local government or program administrator
31              may enroll a PACE contractor to offer financing for
32              residential properties; specifying criteria that must
33              be met before a PACE contractor may receive funds for
34              qualifying improvements on residential properties;
35              providing market and communications guidelines that
36              must be met when communicating with residential real
37              property owners; specifying the types of contracts
38              that are unenforceable and for which PACE contractors
39              may not begin work; providing procedures for the
40              return of chattel and fixtures that were installed in
41              an unenforceable contract; prohibiting PACE
42              contractors from engaging in specified activities
43              concerning PACE contractors; requiring local
44              governments that have authorized qualifying
45              improvement programs to post specified information on
46              their websites on an annual basis; providing an
47              effective date.
48
49      Be It Enacted by the Legislature of the State of Florida:
50

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51              Section 1.         Section 163.08, Florida Statutes, is amended to
52      read:
53              163.08       Supplemental authority for improvements to real
54      property.—
55              (1)(a)       In chapter 2008-227, Laws of Florida, the
56      Legislature amended the energy goal of the state comprehensive
57      plan to provide, in part, that the state shall reduce its energy
58      requirements through enhanced conservation and efficiency
59      measures in all end-use sectors and reduce atmospheric carbon
60      dioxide by promoting an increased use of renewable energy
61      resources. That act also declared it the public policy of the
62      state to play a leading role in developing and instituting
63      energy management programs that promote energy conservation,
64      energy security, and the reduction of greenhouse gases. In
65      addition to establishing policies to promote the use of
66      renewable energy, the Legislature provided for a schedule of
67      increases in energy performance of buildings subject to the
68      Florida Energy Efficiency Code for Building Construction. In
69      chapter 2008-191, Laws of Florida, the Legislature adopted new
70      energy conservation and greenhouse gas reduction comprehensive
71      planning requirements for local governments. In the 2008 general
72      election, the voters of this state approved a constitutional
73      amendment authorizing the Legislature, by general law, to
74      prohibit consideration of any change or improvement made for the
75      purpose of improving a property's resistance to wind damage or

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76       the installation of a renewable energy source device in the
77       determination of the assessed value of residential real
78       property.
79               (b)     The Legislature finds that all energy-consuming-
80       improved properties that are not using energy conservation
81       strategies contribute to the burden affecting all improved
82       property resulting from fossil fuel energy production. Improved
83       property that has been retrofitted with energy-related
84       qualifying improvements receives the special benefit of
85       alleviating the property's burden from energy consumption. All
86       improved properties not protected from wind damage by wind
87       resistance qualifying improvements contribute to the burden
88       affecting all improved property resulting from potential wind
89       damage. Improved property that has been retrofitted with wind
90       resistance qualifying improvements receives the special benefit
91       of reducing the property's burden from potential wind damage.
92       Further, the installation and operation of qualifying
93       improvements not only benefit the affected properties for which
94       the improvements are made, but also assist in fulfilling the
95       goals of the state's energy and hurricane mitigation policies.
96       In order to make qualifying improvements more affordable and
97       assist property owners who wish to undertake such improvements,
98       the Legislature finds that there is a compelling state interest
99       in enabling property owners to voluntarily finance such
100      improvements with local government assistance.

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101              (c)     The Legislature determines that the actions authorized
102      under this section, including, but not limited to, the financing
103      of qualifying improvements through the execution of financing
104      agreements and the related imposition of voluntary assessments
105      are reasonable and necessary to serve and achieve a compelling
106      state interest and are necessary for the prosperity and welfare
107      of the state and its property owners and inhabitants.
108              (2)     As used in this section, the term:
109              (a)     "Facility" means any portion of a building, structure,
110      or site improvement located on a site as defined in s. 202 of
111      the 2020 Florida Building Code.
112              (b)     "Local government" means a county, a municipality, a
113      dependent special district as defined in s. 189.012, or a
114      separate legal entity created pursuant to s. 163.01(7).
115              (c)     "PACE contractor" means an independent contractor who
116      is authorized under this section to contract with a property
117      owner to install qualifying improvements on real property and
118      who is not the owner of such property.
119              (d)     "Program administrator" means a for-profit or not-for-
120      profit entity which administers a qualifying improvement program
121      on behalf and at the discretion of a local government.
122              (e)(b)       "Qualifying improvement" includes any:
123              1.      Energy conservation and efficiency improvement, which
124      is a measure to reduce consumption through conservation or a
125      more efficient use of electricity, natural gas, propane, or

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126      other forms of energy on the property, including, but not
127      limited to, air sealing; installation of insulation;
128      installation of energy-efficient heating, cooling, or
129      ventilation systems; building modifications to increase the use
130      of daylight; replacement of windows; installation of energy
131      controls or energy recovery systems; installation of electric
132      vehicle charging equipment; and installation of efficient
133      lighting equipment.
134              2.      Renewable energy improvement, which is the installation
135      of any system in which the electrical, mechanical, or thermal
136      energy is produced from a method that uses one or more of the
137      following fuels or energy sources: hydrogen, solar energy,
138      geothermal energy, bioenergy, and wind energy.
139              3.      Wind resistance improvement, which includes the
140      products and installation for, but is not limited to:
141              a.      Improving the strength of the roof deck attachment;
142              b.      Creating a secondary water barrier to prevent water
143      intrusion;
144              c.      Installing wind-resistant shingles;
145              d.      Installing gable-end bracing;
146              e.      Reinforcing roof-to-wall connections;
147              f.      Installing storm shutters; or
148              g.      Installing opening protections.
149              (f)      "Qualifying improvement program" means a program that
150      includes the financing and administration activities undertaken

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151      by a local government or program administrator for property
152      owners to purchase and install qualifying improvements on a
153      building or facility.
154              (g)     "Residential property" means real property upon which
155      any of the following is located:
156              1.      One single-family residential unit or one multifamily
157      structure containing one to four residential units; or
158              2.      Single-family residential units such as condominiums,
159      townhouses, timeshares, mobile homes, or houses in a subdivision
160      that may be legally sold, leased, or otherwise conveyed on a
161      unit-by-unit basis, regardless of whether the units are a part
162      of a larger building or parcel containing more than four
163      residential units.
164              (3)     A local government may levy non-ad valorem assessments
165      to fund qualifying improvements.
166              (4)     Subject to local government ordinance or resolution, a
167      property owner may apply to the local government for funding to
168      finance a qualifying improvement and enter into a financing
169      agreement with the local government. Costs incurred by the local
170      government for such purpose may be collected as a non-ad valorem
171      assessment. A non-ad valorem assessment shall be collected
172      pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a),
173      shall not be subject to discount for early payment. However, the
174      notice and adoption requirements of s. 197.3632(4) do not apply
175      if this section is used and complied with, and the intent

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176      resolution, publication of notice, and mailed notices to the
177      property appraiser, tax collector, and Department of Revenue
178      required by s. 197.3632(3)(a) may be provided on or before
179      August 15 in conjunction with any non-ad valorem assessment
180      authorized by this section, if the property appraiser, tax
181      collector, and local government agree.
182              (5)     Pursuant to this section or as otherwise provided by
183      law or pursuant to a local government's home rule power, a local
184      government may enter into a partnership with one or more local
185      governments for the purpose of providing and financing
186      qualifying improvements.
187              (6)     A qualifying improvement program may be administered
188      by a for-profit entity or a not-for-profit organization on
189      behalf of and at the discretion of the local government.
190              (7)     A local government may incur debt for the purpose of
191      providing such improvements, payable from revenues received from
192      the improved property, or any other available revenue source
193      authorized by law.
194              (8)     A local government may enter into a financing
195      agreement only with the record owner of the affected property.
196      Any financing agreement entered into pursuant to this section or
197      a summary memorandum of such agreement shall be recorded in the
198      public records of the county within which the property is
199      located by the sponsoring unit of local government within 5 days
200      after execution of the agreement. The recorded agreement shall

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201      provide constructive notice that the non-ad valorem assessment
202      to be levied on the property constitutes a lien of equal dignity
203      to county taxes and assessments from the date of recordation.
204              (9)     A financing agreement may not be used to fund
205      ancillary work unless the scope of the ancillary work is
206      directly related to and necessary for the installation and safe
207      operation of a qualifying improvement and the cost of the
208      ancillary work does not exceed the cost of the individual
209      qualifying improvement to which it is directly related.
210              (10)(9)       A Before entering into a financing agreement for a
211      qualifying improvement may not be approved unless, the local
212      government or program administrator, as applicable, has shall
213      reasonably determined determine that:
214              (a)     All property taxes and any other assessments levied on
215      the same bill as property taxes are paid and have not been
216      delinquent for the preceding 3 years or the property owner's
217      period of ownership, whichever is less; that
218              (b)     There are no involuntary liens, including, but not
219      limited to, construction liens on the property; that
220              (c)     No notices of default or other evidence of property-
221      based debt delinquency have been recorded during the preceding 3
222      years or the property owner's period of ownership, whichever is
223      less; and that
224              (d)     The property owner is current on all mortgage debt on
225      the property and has had no more than one late payment exceeding

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226      30 days during the 12 months immediately preceding the
227      application date; The property owner is current on all mortgage
228      debt on the property.
229              (e)     The holders or loan servicers of any mortgage
230      encumbering or otherwise secured by the property have received
231      the written notice required by subsection (16);
232              (f)     Any property owner whose real property taxes are paid
233      through an escrow account has notified the holder of the escrow
234      account that a non-ad valorem assessment will be imposed upon
235      the property pursuant to this section;
236              (g)     The term of the financing agreement does not exceed
237      the estimated useful life of the qualifying improvement. The
238      local government or program administrator, as applicable, shall
239      determine the useful life using established third-party
240      standards, including certification criteria from government
241      agencies or nationally recognized standards and testing
242      organizations;
243              (h)     The property owner has acknowledged in writing the
244      disclosure statements required by paragraph (12)(b);
245              (i)     For residential properties, the property owner has not
246      been subject to a bankruptcy proceeding within the last 7 years
247      unless it was discharged or dismissed more than 2 years before
248      the date that the property owner applied for funding as set
249      forth in subsection (4);
250              (j)     For residential properties, the property owner is

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251      current on nonmortgage debt excluding medical debt, and has had
252      no more than one late payment exceeding 30 days during the 12
253      months immediately preceding the date that the property owner
254      applied for funding as set forth in subsection (4);
255              (k)     The property is within the geographic boundaries of
256      the applicable qualifying improvement program; and
257              (l)     The local government or program administrator, as
258      applicable, has asked if the property owner has obtained or
259      sought to obtain additional qualifying improvements on the same
260      property that have not yet been recorded. The failure of a
261      property owner to disclose information set forth in this
262      subsection does not invalidate a financing agreement or any
263      obligation thereunder, even if the total financed amount of the
264      qualifying improvement exceeds the amount that would otherwise
265      be authorized under subsection (15).
266
267      The existence of a prior qualifying improvement non-ad valorem
268      assessment or a prior financing agreement is not evidence that
269      the financing agreement under consideration is affordable or
270      meets other program requirements.
271              (11)        In addition to obtaining the information in
272      subsection (10), and before a local government or program
273      administrator, as applicable, approves a qualifying improvement
274      on residential property, he or she must use information
275      contained in the property owner's application, reasonably

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276      reliable third-party records, or an automated verification
277      system to reasonably determine whether the property owner has
278      the ability to pay the annual non-ad valorem assessment for the
279      qualifying improvement. The local government or program
280      administrator, as applicable, must review the property owner's
281      household income, housing expenses, assets, and other debt
282      obligations. If the local government or program administrator,
283      as applicable, uses an automated verification system, it must be
284      a system that can verify the property owner's income, is not
285      based on predictive or estimation methodologies, and has been
286      determined sufficient for such verification purposes by a
287      federal mortgage lending authority or regulator. In reviewing
288      the property owner's ability to pay, the local government or
289      program administrator, as applicable:
290              (a)     When determining the household income, may include the
291      income of any property owner aged 18 years old or older whose
292      name is on the property title. If a person's income is
293      considered, that person's debt obligations must also be
294      considered.
295              (b)     May not consider the equity in the property that will
296      secure the non-ad valorem assessment.
297              (c)     Shall determine the property owner's debt obligations
298      using reasonably reliable third-party records, including at
299      least, one consumer credit report from an agency that meets the
300      requirements of 15 U.S.C. s. 1681a(p). Debt obligations to be

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301      reviewed include:
302              1.      Secured and unsecured debt.
303              2.      Housing expenses. The local government or program
304      administrator, as applicable, shall make a reasonable estimate
305      of the basic housing expenses based on the number of persons in
306      the household.
307              3.      Stated alimony or child support obligations.
308              (d)      Shall determine whether the property owner has
309      sufficient income to pay the annual non-ad valorem assessment
310      and that he or she has sufficient residual income to meet his or
311      her household living expenses.
312              (12)        Each local government or program administrator that
313      offers a qualifying improvement program must:
314              (a)      Develop a written disclosure form that must be
315      provided to the property owner before he or she executes the
316      financing agreement and which contains the key terms of the
317      agreement, including:
318              1.      A description of the qualifying improvement;
319              2.      The total financed amount, including the cost of the
320      qualifying improvement, ancillary work, installation, program
321      fees, and prepaid interest, if any;
322              3.      The annual non-ad valorem assessment process and yearly
323      payment schedule;
324              4.      The amount of the annual non-ad valorem assessment;
325              5.      The term of the total financed amount;

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326              6.      The interest rate for the financed amount;
327              7.      The annual percentage rate;
328              8.      The total estimated annual costs that the residential
329      real property owner will have to pay under the assessment
330      contract, including applicable fees;
331              9.      The total estimated average monthly equivalent amount
332      of funds the residential real property owner would have to save
333      in order to pay the annual costs of the non-ad valorem
334      assessment, including applicable fees; and
335              10.      The estimated due date of the residential real
336      property owner's first property tax payment that includes the
337      non-ad valorem assessment.
338              (b)      Include the following statements in the written
339      disclosure form, using the same order as listed in this
340      paragraph, each of which must be individually acknowledged in
341      writing by the property owner:
342              1.      "I UNDERSTAND THAT IF I SELL OR REFINANCE THE PROPERTY,
343      I MAY BE REQUIRED TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS
344      A CONDITION OF THE SALE OR THE REFINANCE OF THE PROPERTY."
345
346      The previous statement must be made in at least 24-point
347      boldfaced type.
348
349              2.      "I understand that the annual non-ad valorem assessment
350      will be paid when property taxes are paid and will result in a

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351      lien being placed on my property."
352              3.      "I understand that the annual non-ad valorem assessment
353      will be added to my property tax bill and if I pay my property
354      taxes through my mortgage payment using an escrow account, I
355      must notify my mortgage lender."
356              4.      "I understand that if I fail to pay the annual non-ad
357      valorem assessment, I may incur penalties and fees and the local
358      government could issue a tax certificate which might result in
359      the loss of my property."
360              5.      "I understand that any potential utility or insurance
361      savings are not guaranteed and will not reduce the annual non-ad
362      valorem assessment or total assessment amount."
363              6.      "I understand that I have 3 days to cancel the
364      financing agreement. The 3-day right expires at midnight of the
365      third business day after I sign the agreement."
366              7.      "I understand that the local government, program
367      administrator, or PACE contractor do not provide tax advice and
368      that I should seek professional tax advice if I have questions
369      regarding tax credits, tax deductibility, or other tax impacts
370      of the qualifying improvement or the assessment contract.
371              8.      "I understand that I cannot be assessed a penalty if I
372      prepay the outstanding financed amount."
373              (c)      Provide a printed cancellation form to the property
374      owner no later than the time the property owner signs the
375      financing agreement which allows the property owner to cancel

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376      the contract, within the 3-day period specified in subparagraph
377      (b)6.
378              (d)      Conduct, with at least one residential real property
379      owner or an authorized representative, an oral, recorded
380      telephone call during which time the local government or program
381      administrator, as applicable, must use plain language. The local
382      government or program administrator, as applicable, must ask the
383      residential real property owner if he or she would like to
384      communicate primarily in a language other than English and, if
385      so, must conduct the call in the owner's preferred language. A
386      local government or program administrator, as applicable may not
387      leave a voicemail to the residential real property owner to
388      satisfy this requirement. The owner or their representative must
389      provide written acknowledgement that the oral confirmation was
390      given. A local government or program administrator, as
391      applicable, as part of this telephone call, must confirm with
392      the residential real property owner:
393              1.      That at least one residential real property owner has
394      access to a copy of the assessment contract and financing
395      estimates and disclosures.
396              2.      The qualifying improvement that is being financed.
397              3.      The total estimated annual costs that the residential
398      real property owner will have to pay under the assessment
399      contract, including applicable fees.
400              4.      The total estimated average monthly equivalent amount

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401      of funds the residential real property owner would have to save
402      in order to pay the annual costs of the non-ad valorem
403      assessment, including applicable fees.
404              5.      The estimated due date of the residential real property
405      owner's first property tax payment that includes the non-ad
406      valorem assessment.
407              6.      The term of the assessment contract.
408              7.      That payments for the assessment contract will cause
409      the residential real property owner's annual tax bill to
410      increase, that payments will be made through an additional
411      annual non-ad valorem assessment on the property, and will be
412      paid either directly to the county tax collector's office as
413      part of the total annual secured property tax bill or may be
414      paid through the residential real property owner's mortgage
415      escrow account.
416              8.      That the qualifying residential property owner has
417      disclosed whether the property has received or is seeking
418      additional non-ad valorem assessments and has disclosed all
419      other assessments or special taxes that are or are about to be
420      placed on the property.
421              9.      That the property will be subject to a lien during the
422      term of the assessment contract and that the obligations under
423      the contract may be required to be paid in full before the
424      residential real property owner sells or refinances the
425      property.

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426              10.     That any potential utility or insurance savings are
427      not guaranteed and will not reduce the annual non-ad valorem
428      assessment or total assessment amount.
429              11.     That the local government, program administrator, or
430      PACE contractor do not provide tax advice and that the
431      residential real property owner should seek professional tax
432      advice if he or she has questions regarding tax credits, tax
433      deductibility, or other tax impacts of the qualifying
434      improvement or the assessment contract.
435              (e)     The local government or program administrator shall
436      develop additional procedures under this subsection to address
437      the needs and concerns of elderly persons.
438              (13)(10)          A qualifying improvement shall be affixed or
439      connected to a building or facility that is part of the property
440      and shall constitute an improvement to the building or facility
441      or a fixture attached to the building or facility. An agreement
442      between a local government and a qualifying property owner may
443      not cover wind-resistance improvements in buildings or
444      facilities under new construction or construction for which a
445      certificate of occupancy or similar evidence of substantial
446      completion of new construction or improvement has not been
447      issued.
448              (14)(11)          Any work requiring a license under any applicable
449      law to make or install a qualifying improvement shall be
450      performed by a contractor properly certified or registered

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451      pursuant to part I or part II of chapter 489.
452              (15)(12)(a)            Without the consent of the holders or loan
453      servicers of any mortgage encumbering or otherwise secured by
454      the property, The total amount of any non-ad valorem assessment
455      for a property under this section may not exceed 20 percent of
456      the fair market value of the property just value of the property
457      as determined by the county property appraiser. In addition, the
458      total of any non-ad valorem assessments plus any mortgage-
459      related debt on the property may not exceed 97 percent of the
460      fair market value of the property. The fair market value of the
461      property shall be derived using any methodology commonly used in
462      the real estate finance industry.
463              (b)     Notwithstanding paragraph (a), a non-ad valorem
464      assessment for a qualifying improvement defined in subparagraph
465      (2)(b)1. or subparagraph (2)(b)2. that is supported by an energy
466      audit is not subject to the limits in this subsection if the
467      audit demonstrates that the annual energy savings from the
468      qualified improvement equals or exceeds the annual repayment
469      amount of the non-ad valorem assessment.
470              (16)(13)          At least 30 days before entering into a financing
471      agreement, the property owner shall provide to the holders or
472      loan servicers of any existing mortgages encumbering or
473      otherwise secured by the property a notice of the owner's intent
474      to enter into a financing agreement together with the maximum
475      principal amount to be financed and the maximum annual

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476      assessment necessary to repay that amount. A verified copy or
477      other proof of such notice shall be provided to the local
478      government or program administrator, as applicable. A provision
479      in any agreement between the a mortgagee or other lienholder and
480      a property owner, or otherwise now or hereafter binding upon a
481      property owner, which allows for acceleration of payment of the
482      mortgage, note, or lien or other unilateral modification solely
483      as a result of entering into a financing agreement as provided
484      for in this section is not enforceable. This subsection does not
485      limit the authority of the holder or loan servicer to increase
486      the required monthly escrow by an amount necessary to annually
487      pay the qualifying improvement assessment.
488              (17)(14)          At or before the time a purchaser executes a
489      contract for the sale and purchase of any property for which a
490      non-ad valorem assessment has been levied under this section and
491      has an unpaid balance due, the seller shall give the prospective
492      purchaser a written disclosure statement in the following form,
493      which shall be set forth in the contract or in a separate
494      writing:
495
496      QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY,
497      OR WIND RESISTANCE.—The property being purchased is located
498      within the jurisdiction of a local government that has placed an
499      non-ad valorem assessment on the property pursuant to s. 163.08,
500      Florida Statutes. The non-ad valorem assessment is for a

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501      qualifying improvement to the property relating to energy
502      efficiency, renewable energy, or wind resistance, and is not
503      based on the value of property. You are encouraged to contact
504      the county property appraiser's office to learn more about this
505      and other assessments that may be provided by law.
506              (18)(15)          A provision in any agreement between a local
507      government and a public or private power or energy provider or
508      other utility provider is not enforceable to limit or prohibit
509      any local government from exercising its authority under this
510      section.
511              (19)(16)          This section is additional and supplemental to
512      county and municipal home rule authority and not in derogation
513      of such authority or a limitation upon such authority.
514              (20)        A local government or program administrator, as
515      applicable, may not offer financing for a qualifying improvement
516      authorized pursuant to this section on any residential real
517      property that includes any of the following:
518              (a)     A negative amortization schedule;
519              (b)     A balloon payment; or
520              (c)     Pre-payment fees, other than nominal administrative
521      costs.
522              (21)        For residential real property, a local government or
523      program administrator, as applicable:
524              (a)     May not enroll a PACE contractor who offers financing
525      on residential real property unless:

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526              1.      The local government or program administrator, as
527      applicable, determines that the PACE contractor maintains in
528      good standing an appropriate license from the state, if
529      applicable, as well as any other permits, licenses, or
530      registrations required for engaging in its business in the
531      jurisdiction where it operates and maintains all state required
532      bond and insurance coverage.
533              2.      A local government or program administrator, as
534      applicable, obtains the PACE contractor's written agreement that
535      the PACE contractor will comply with all applicable laws,
536      including applicable advertising and marketing laws and
537      regulations and the requirements of subsection (23).
538              (b)     Must maintain a process to enroll new PACE contractors
539      that includes reasonable review of the following for each
540      contractor:
541              1.      Relevant work or project history.
542              2.      Financial and reputational background checks.
543              3.      The contractor's status on the Better Business Bureau
544      platform or other online platforms that track contractor
545      reviews.
546              (22)(a)       Before disbursing funds to a PACE contractor for a
547      qualifying improvement on residential real property, the local
548      government or program administrator, as applicable, must first
549      confirm that the applicable work or service has been completed
550      and the local government has determined the work complies with

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551      applicable codes and standards, including, but not limited to,
552      the Florida Building Code and the Florida Fire Prevention Code.
553              (b)      A local government or program administrator, as
554      applicable, may not disclose the maximum financing amount for
555      which a residential real property owner is eligible to a PACE
556      contractor or to a third party engaged in soliciting assessment
557      contracts financed pursuant to this section.
558              (23)        When communicating with residential real property
559      owners, a local government, program administrator, PACE
560      contractor, or a third party engaged in marketing on behalf of
561      these entities, must comply with the following marketing and
562      communications guidelines and may not:
563              (a)      Suggest or imply:
564              1.      That a non-ad valorem assessment authorized under this
565      section is a government assistance program;
566              2.      That qualifying improvements are free or provided at no
567      cost, or that the financing related to a non-ad valorem
568      assessment authorized under this section is free or provided at
569      no cost; or
570              3.      That the financing of a qualifying improvement using
571      the program authorized pursuant to this section does not require
572      the property owner to repay the financial obligation.
573              (b)      Make any representation as to the tax deductibility of
574      a non-ad valorem assessment on residential real property. A
575      local government, program administrator, or PACE contractor, or

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576      a third party engaged in marketing on behalf of these entities,
577      may encourage a property owner to seek the advice of a tax
578      professional regarding tax matters related to assessments.
579              (24)(a)       A contract to sell or install a qualifying
580      improvement that is related to an application for financing in a
581      qualifying improvement program for a residential property is
582      unenforceable and a PACE contractor may not begin work under
583      such a contract if:
584              1.      The property owner would not have entered into the
585      contract but for the belief that the qualifying improvement or
586      its installation would be paid under the financing agreement; or
587              2.      The property owner applied for, accepted, and canceled
588      a qualifying improvement financing agreement within the 3-day
589      right-to-cancel period set forth in subparagraph (12)(b)6.
590              (b)      If a PACE contractor has initiated work on a
591      residential property under an unenforceable contract as
592      determined under paragraph (a), the PACE contractor:
593              1.      May not receive compensation for that work under the
594      financing agreement.
595              2.      Shall restore the property to its original condition at
596      no cost to the property owner.
597              3.      Shall immediately return any money, property, and other
598      consideration given by the property owner. If the property owner
599      provided any property and the PACE contractor does not or cannot
600      return it, the PACE contractor shall immediately return the fair

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601      market value of the property or its value as designated in the
602      contract, whichever is greater.
603              (c)     If the PACE contractor has delivered chattel or
604      fixtures to the residential property pursuant to an
605      unenforceable contract, the PACE contractor shall have 90 days
606      from the date the contract was executed to retrieve the chattel
607      or fixtures provided that:
608              1.      The PACE contractor has fulfilled the requirements of
609      subparagraphs (b)2. and 3.
610              2.      The chattel and fixtures can be removed at the PACE
611      contractor's expense without damaging the property owner's
612      property and practically returned.
613              (d)     The residential property owner may retain any chattel
614      or fixtures provided pursuant to an unenforceable contract if a
615      PACE contractor fails to comply with the provisions of this
616      subsection.
617              (e)     A contract which is otherwise unenforceable under this
618      subsection remains enforceable if the residential property owner
619      waives his or her right to cancel the contract, allows the PACE
620      contractor to proceed with the installation of the qualifying
621      improvement, and cancels the financing agreement.
622              (25)(a)       A PACE contractor or third party may not advertise
623      the availability of financing agreements or solicit property
624      owners on behalf of the local government or program
625      administrator unless:

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626              1.      The PACE contractor or third party maintains the
627      appropriate registration or certification from the Construction
628      Industry Licensing Board or any other permit, license, or
629      registration required to conduct business in the jurisdiction
630      where it operates, and provides proof of having the required
631      bond and insurance coverage amounts.
632              2.      The local government or program administrator, as
633      applicable, obtains the PACE contractor's or third party's
634      written agreement that the PACE contractor or third party will
635      meet applicable laws and rules and qualifying improvement
636      program policies and procedures, including those on advertising
637      and marketing.
638              (b)      A local government or program administrator may not
639      provide any direct or indirect cash payment or thing of material
640      value to a PACE contractor or third party in excess of the
641      actual price charged by that PACE contractor for the sale and
642      installation of the qualifying improvements that are financed by
643      a financing agreement. However, a program administrator may
644      provide information or services to a PACE contractor to
645      facilitate the installation of a qualifying improvement for a
646      property owner.
647              (c)      A local government or program administrator may not
648      reimburse a PACE contractor or third party for its expenses in
649      advertising and marketing campaigns and materials. A local
650      government or program administrator, as applicable, and a PACE

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651      contractor may share expenses in connection with joint
652      advertising and marketing campaigns and materials, if the
653      expenses are shared on a commercially reasonable basis.
654              (d)     A local government or program administrator may not
655      provide to a PACE contractor engaged in soliciting financing
656      agreements on its behalf any information that discloses the
657      amount of funds for which a property owner is eligible for
658      qualifying improvements or the amount of equity in a property.
659              (e)     For residential properties, a PACE contractor may not
660      provide a different price for a qualifying improvement financed
661      under this section than the PACE contractor would provide if the
662      property owner paid for the improvement in cash.
663              (f)     A program administrator may not provide any direct
664      cash payment or other thing of material value to a property
665      owner explicitly conditioned upon the property owner entering
666      into a financing agreement. However, a program administrator may
667      offer programs or promotions that provide reduced fees or
668      interest rates if the reduced fees or interest rates are
669      reflected in the financing agreements and are not provided to
670      the property owners as cash consideration.
671              (26)        Each local government that has authorized a
672      qualifying improvement program shall post on its website an
673      annual report for the period ending December 31 each year
674      containing the following information:
675              (a)     The number of qualifying improvements funded.

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676              (b)     The aggregate, average, and median dollar amounts of
677      annual and total number of assessments that funded qualifying
678      improvements.
679              (c)     The percentage, the number, and the dollar value of
680      assessments that funded qualifying improvements, represented by
681      the category types consisting of energy efficiency, renewable
682      energy, and wind resistance.
683              (d)     The number of defaulted assessments including the
684      total number and defaulted amount, the number and dates of
685      missed payments, the total number of parcels defaulted and years
686      in default, and the percentage of defaults by total assessments.
687              (e)     A summary of all reported violations of this section,
688      including the resolution of each.
689              (f)     Estimated number of jobs created.
690              (g)     The number and percentage of homeowners 60 years of
691      age or older participating in a qualifying improvement program.
692
693      This report shall be posted no later than April 1 of the year
694      following the calendar year covered by the report.
695              Section 2.         This act shall take effect July 1, 2022.




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