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.
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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.
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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).
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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.
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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.
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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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 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.
Page 30 of 30
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hb0907-00
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.
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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
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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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DATE: 1/22/2022
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.
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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 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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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 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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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 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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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 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.
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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
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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
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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";
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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).
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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).
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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)
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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.
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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
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(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.
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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.
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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.
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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 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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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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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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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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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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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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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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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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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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hb1121-00
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 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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hb1121-00
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.
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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).
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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.
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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.
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1411-00
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
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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hb1411-00
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
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).
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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).
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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 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.
Page 1 of 1
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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.
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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).
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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.
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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).
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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).
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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."
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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;
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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).
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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:
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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.
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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
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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