LEGISLATIVE BILL SUMMARIES
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Advanced Wastewater Treatment (Monitor) – Failed

HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state. Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of ...

HB 1153 (Cross) and SB 1304 (Berman) require the Department of Environmental Protection, in consultation with water management districts and wastewater facilities, to submit to the Governor and Legislature reports containing specified information on all sewage disposal facilities with a permitted capacity greater than 1 million gallons per day in the state. Information required for the report includes but is not limited to: the dates of construction, maintenance or updates; total and actual permitted volume of water treated daily and the current level of treatment and identification of various contaminants present; pollutant loading; disposal methods; impairment status of any receiving waterbodies; implementation status of any basin management action plans; and wastewater spills since 2010. The bills also require the Department to provide a report outlining a priority ranking process to upgrade all facilities in the state to advanced waste treatment by 2035. The bills require the Department to submit, by June 2026, a progress report on the implementation status of such upgrades. (O’Hara)

Assessment of Renewable Energy Source Devices (Monitor) – Failed

HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara) ...

HB 769 (Bankson) revises the definition of “renewable energy source device” in Section 193.624 relating to the assessed value of real property attributable to a renewable energy source device, to include equipment that collects, transmits, stores or uses biogas. The equipment includes materials and machinery used in the production, storage, compression, transportation, processing and conversion of biogas from landfill waste, livestock farm waste, food waste or treated wastewater into renewable natural gas suitable for pipeline injection. (O’Hara)

Beverage Container Deposits (Monitor) – Failed

HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is ...

HB 905 (Woodson) requires dealers and consumers in the state to pay a deposit fee for specified beverage containers. The bill establishes refund values for various beverage containers, as well as deposit fees to be paid by dealers and consumers. It prohibits the establishment of a redemption center unless it is registered with the Department of Environmental Protection. It establishes requirements for redemption centers and authorizes the use of reverse vending machines under certain circumstances. The bill prohibits a dealer from refusing to redeem a container if the dealer sells that type of container unless the container is contaminated or damaged or there is a redemption center located within 1 mile of the dealer’s place of business. It imposes requirements upon deposit beverage dealers and distributors and requires distributors to pay a handling fee to dealers and redemption centers. The bill authorizes municipal and county governments, nonprofit agencies, dealers and individuals to register to operate a redemption center. It prohibits local governments from imposing or collecting any assessment or fee on beverage containers subject to state container deposit requirements. (O’Hara)

Carbon Sequestration (Monitor) – Failed

SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara) ...

SB 1258 (Rodriguez) and HB 1187 (Cross) create the Carbon Sequestration Task Force adjunct to the Department of Environmental Protection to provide recommendations for the development of a statewide carbon sequestration program. The bills provide for duties and membership of the Task Force. The bills require the Task Force to submit reports by October 2025 and October 2026 to the Secretary of the Department and to the Governor and Legislature that summarizes the Task Force’s activities, findings and recommendations. (O’Hara)

Climate Resilience and Drinking Water Standards (Support) – Failed

SB 1630 (Torres) and HB 1531 (Joseph) require the Department of Environmental Protection to establish the Blue Communities Program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters and fresh waters. The program would provide technical and financial assistance to local governments that qualify as blue communities under the bills. The bills specify qualification criteria for local governments to become blue communities. The bills establish the Ocean State Climate Adaptation and Resilience Grant Fund within the department and authorize the establishment of an advisory board to determine eligibility of projects for ...

SB 1630 (Torres) and HB 1531 (Joseph) require the Department of Environmental Protection to establish the Blue Communities Program to incentivize local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters and fresh waters. The program would provide technical and financial assistance to local governments that qualify as blue communities under the bills. The bills specify qualification criteria for local governments to become blue communities. The bills establish the Ocean State Climate Adaptation and Resilience Grant Fund within the department and authorize the establishment of an advisory board to determine eligibility of projects for financial assistance for adaptation and resilience projects. They also establish the Carbon Sequestration Advisory Council within the Department of Agriculture and Consumer Services to assist the Department in documenting and quantifying carbon sequestration and greenhouse gas emissions reductions associated with agricultural practices and land uses occurring on agricultural lands. The purpose of the documentation is to assist and encourage agricultural landowners to participate in carbon trading. The bills also establish the Ocean Stewardship Special Account from the Land Acquisition Trust Fund within the Florida Fish and Wildlife Conservation Commission for the collection and use of moneys for the conservation, restoration and enhancement of marine resources. The bills provide for the deposit of user fees and other funding sources into the Account, which shall be used for marine conservation, restoration, enhancement, research, enforcement actions and educational activities. The bills require ocean stewardship user fees to be paid by commercial vessels and all operators of watercraft or water sports equipment. In addition, HB 1531 requires the Department of Environmental Protection or county health departments to monitor PFAS compounds in community water systems and nontransient noncommunity water systems using the national primary drinking water regulations. If the presence of PFAS compounds is detected at or above a specified level but below the Environmental Protection Agency’s specified health advisory level, the bill requires the Department or county health department to annually monitor the PFAS compound levels in the water systems. The bill requires the Department to adopt rules by September 2024 to implement these requirements, including the establishment of enforceable maximum contaminant levels for PFAS compounds. (O’Hara)

Coastal Construction and Assessments (Monitor) – Failed

HB 1079 (McFarland) provides that only coastal counties and municipalities that have received authorization from the Department of Environmental Protection (DEP) prior to December 1, 2023, may establish coastal construction zoning and building codes and exceptions thereto in lieu of state coastal construction regulations. The bill prohibits DEP from delegating authority for certain coastal permits to coastal counties and municipalities that did not receive such authorization prior to December 1, 2023. In addition, the bill authorizes DEP to award grants to coastal counties for saltwater intrusion vulnerability assessments and specifies requirements for such assessments. (O’Hara) ...

HB 1079 (McFarland) provides that only coastal counties and municipalities that have received authorization from the Department of Environmental Protection (DEP) prior to December 1, 2023, may establish coastal construction zoning and building codes and exceptions thereto in lieu of state coastal construction regulations. The bill prohibits DEP from delegating authority for certain coastal permits to coastal counties and municipalities that did not receive such authorization prior to December 1, 2023. In addition, the bill authorizes DEP to award grants to coastal counties for saltwater intrusion vulnerability assessments and specifies requirements for such assessments. (O’Hara)

Comprehensive Waste Reduction and Recycling Plan (Support) – Failed

SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit ...

SB 36 (Stewart) and HB 455 (Casello) require the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan by July 2025, based on recommendations from the Department's 2020 75% Recycling Goal Final Report. The bill also requires the Department to convene a technical assistance group to help develop the plan. The plan must include the following: recycling goals based on sustainable materials management and waste diversion; a 30-year plan to implement strategies relating to recycling education and outreach; local government recycling assistance; and recycling materials market development. The bill requires the Department to submit a report and recommendations to the Legislature following completion of the plan. HB 445 passed the House (119-0) and died in Senate Messages. (O'Hara)

Construction Materials Mining Activities (Monitor) – Failed

SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara) ...

SB 198 (Avila) and HB 245 (Fabricio) specifies a ground vibration limit for construction materials mining activities within 1 mile of residentially zoned areas, which may not exceed .15 inches per second. It authorizes the State Fire Marshal to modify the standards, limits and regulations for the use of explosives in connection with construction materials mining activities within 1 mile of residentially zoned areas, which may include the temporary cessation of blasting. (O’Hara)

Contaminants of Emerging Concern (Monitor) – Failed

CS/SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane; ...

CS/SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane; (2) Before March 2025, provide notice to DEP of any industrial user that has been initially identified by the inventory as a probable source of PFAS or dioxane discharges. The notice must inform industrial users that they may become subject to pretreatment standards and requirements; (3) Submit to DEP a final inventory of industrial users that are subject to pretreatment standards and requirements and notify the users that they may be subject to enforcement action by July 2026; (4) Issue a permit, order or other measure to enforce applicable pretreatment standards; and (5) By July 2027, sample each industrial user’s facilities and other at-risk sites. If the sample is above discharge limits, the wastewater facility must implement corrective action to reduce levels of PFAS or dioxane at the user’s facilities or other at-risk sites. Beginning July 2026, the bills establish specified discharge limits for PFAS and dioxane for industrial users until new discharge limits are adopted by DEP. The bills provide that before July 2 027, an entity may not be subject to civil or criminal penalties for violations of the bills’ requirements. After July 2027, the bills direct DEP to consider the financial situation and costs of corrective actions for each wastewater facility that may be out of compliance with its permit or order when considering enforcement action for violations of pretreatment standards or violations of water quality standards. (O’Hara)

Department of Environmental Protection (Monitor) – Passed

CS/SB 1386 (Calatayud) and CS/CS/HB 1557 (Chaney) amend current law provisions relating to aquatic preserves, resilience, onsite sewage treatment and disposal systems (septic systems) and wastewater treatment facilities. The bills authorize the Department of Environmental Protection (DEP) to enter and inspect any property (except a private residence) that has a septic system to ascertain compliance with applicable regulations. In addition, the bills require all wastewater treatment facilities to prepare a reuse feasibility study and to implement reuse to the extent feasible. The bills also require wastewater treatment facilities that provide reclaimed water within a basin management action plan ...

CS/SB 1386 (Calatayud) and CS/CS/HB 1557 (Chaney) amend current law provisions relating to aquatic preserves, resilience, onsite sewage treatment and disposal systems (septic systems) and wastewater treatment facilities. The bills authorize the Department of Environmental Protection (DEP) to enter and inspect any property (except a private residence) that has a septic system to ascertain compliance with applicable regulations. In addition, the bills require all wastewater treatment facilities to prepare a reuse feasibility study and to implement reuse to the extent feasible. The bills also require wastewater treatment facilities that provide reclaimed water within a basin management action plan area to meet advanced waste treatment standards. The bills direct water management districts and DEP to develop rules to promote reclaimed water and encourage potable water offsets that produce significant water savings. The bills authorize extended permits for permittees that propose a water supply or water resource development project that uses reclaimed water. The bills expand criteria for grant eligibility under the Resilient Florida Grants Program and expand the types of projects that can be submitted by local or regional entities for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan. In addition, the bills require vulnerability assessments to use data from the Florida Flood Hub that is certified by the Chief Resilience Officer. CS/CS/HB 1557 passed the House (119-0) and the Senate (36-0) and is awaiting action by the Governor. (O’Hara)

Dredging and Beach Restoration Projects (Monitor) – Failed

HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice ...

HB 163 (Gossett-Seidman) and SB 608 (Rodriguez) direct the Department of Environmental Protection to require, as a condition of a permit issued for the maintenance dredging of deepwater ports and for beach restoration projects, that any adverse impact analysis conducted for the activity be conducted by an independent contractor selected by the local government and in a manner prescribed by the Department. The bill specifies the independent contractor may not be associated with certain projects for one year prior and for one year after commencing the impact analysis. The bill also requires a local government to provide notice of its intent to conduct an analysis to adjacent local governments that may be affected by the activity. The bill’s requirements do not apply to any port dredging currently permitted or maintained by the U.S. Army Corps of Engineers. The bill specifies fines for violations of its requirements. (O’Hara)

Energy (Monitor) – Failed

SB 1548 (Gruters) prohibits the Department of Transportation from assigning or transferring its permitting rights across transportation rights-of-way operated by the Department to a third party or governmental entity that does not operate the transportation right-of-way. The bill amends Section 337.403, Florida Statutes, to prohibit permitting authorities from requiring a utility within a public road operated by the authority to be relocated on behalf of certain other third party or governmental agency project related to a separate public or private road or corridor. The bill requires the Public Service Commission to approve targeted storm reserve amounts for public ...

SB 1548 (Gruters) prohibits the Department of Transportation from assigning or transferring its permitting rights across transportation rights-of-way operated by the Department to a third party or governmental entity that does not operate the transportation right-of-way. The bill amends Section 337.403, Florida Statutes, to prohibit permitting authorities from requiring a utility within a public road operated by the authority to be relocated on behalf of certain other third party or governmental agency project related to a separate public or private road or corridor. The bill requires the Public Service Commission to approve targeted storm reserve amounts for public utilities and provides for reserve requirements and base rate adjustments. It requires the Department of Commerce to expand categorical eligibility for the low-income home energy assistance program to include individuals who are enrolled in certain federal disability programs. It directs the Public Service Commission to conduct a feasibility study on the use of small modular nuclear reactors in the state and to submit a report to the Legislature. (O’Hara)

Energy Resources (Oppose) – Passed

CS/CS/HB 1645 (Payne) and CS/SB 1624 (Collins) substantially revise various statutes relating to energy policy and regulation. The bills provide that a “Resiliency Facility” is a permitted use in all commercial, industrial, and manufacturing land use categories and districts, and specify that such facilities must comply with landscape and buffering requirements for similar uses. A Resiliency Facility is defined as a facility of a public utility used for assembling, creating, holding, or deploying natural gas reserves for temporary use during a system outage or natural disaster. The bills prohibit a local government, after July 2024, from amending its ...

CS/CS/HB 1645 (Payne) and CS/SB 1624 (Collins) substantially revise various statutes relating to energy policy and regulation. The bills provide that a “Resiliency Facility” is a permitted use in all commercial, industrial, and manufacturing land use categories and districts, and specify that such facilities must comply with landscape and buffering requirements for similar uses. A Resiliency Facility is defined as a facility of a public utility used for assembling, creating, holding, or deploying natural gas reserves for temporary use during a system outage or natural disaster. The bills prohibit a local government, after July 2024, from amending its comprehensive plan or land development regulations in a manner that would conflict with a resiliency facility’s classification as a permitted use in all land use categories and districts. The bills remove current law requirements that direct state agencies to purchase “climate-friendly preferred products” and to contract with “Green Lodging” facilities. In addition, the bills remove current law provisions that require state agencies to purchase the most fuel-efficient vehicles. The bills require the Department of Management Services to develop a “Florida Human Preferred Energy Products List.” The development of the List must include consideration of products available for purchase under state contracts that include an energy storage device or energy generation device with specified storage capacity that appear largely free from forced labor. State agencies are prohibited from purchasing products not on the List. The bills include “development districts” as entities preempted from regulating utility fuel sources and gas appliances. The bills require a public utility to petition the Public Service Commission for approval before retiring an electric power plant. In addition, the bills authorize the Commission to approve voluntary public utility programs for residential EV charging if the program will not adversely affect the utility’s rate payers. The bills revise the goals and objectives of the state’s Energy Policy and eliminate various grants and programs relating to renewable energy, energy efficiency and climate. The bills prohibit a homeowner’s association from precluding the types of fuel sources of energy production used to serve consumers, and from precluding the use of gas appliances. The bills direct the Public Service Commission to assess, study and report on the following: modernization of the state’s electric grid; the security and resiliency of the state’s electric grid and natural gas facilities; and the feasibility of using advanced nuclear power technologies. The bills require the Department of Transportation to study and report on the potential development of hydrogen fueling infrastructure. CS/CS/HB 1645 passed the Senate (28-12) and the House (81-29) and is awaiting action by the Governor. (O’Hara)

Enhancement and Mitigation Credits (Monitor) – Passed

HB 1073 (Truenow) and CS/CS/CS/SB 1532 (Brodeur) revise current law provisions for the sale and use of water quality enhancement credits from water quality enhancement areas. In addition, the bills require governmental entities to consider unsolicited proposals from private entities, and authorize governmental entities to solicit proposals from private entities, for wetland mitigation bank projects on public lands. The bills specify conditions for a mitigation bank established and operated by a private entity on public land. CS/CS/CS/SB 1532 passed the Senate (39-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara) ...

HB 1073 (Truenow) and CS/CS/CS/SB 1532 (Brodeur) revise current law provisions for the sale and use of water quality enhancement credits from water quality enhancement areas. In addition, the bills require governmental entities to consider unsolicited proposals from private entities, and authorize governmental entities to solicit proposals from private entities, for wetland mitigation bank projects on public lands. The bills specify conditions for a mitigation bank established and operated by a private entity on public land. CS/CS/CS/SB 1532 passed the Senate (39-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara)

Everglades Protection Area/Comprehensive Plan Amendments (Monitor) – Failed

HB 723 (Busatta Cabrera) and CS/CS/SB 1364 (Calatayud) require comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. Plan amendments ...

HB 723 (Busatta Cabrera) and CS/CS/SB 1364 (Calatayud) require comprehensive plans and plan amendments that apply to any land within, or within two miles of, the Everglades Protection Area (EPA) to follow the state-coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and requires the Department of Environmental Protection (DEP) to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. The EPA consists of the three state-designated Water Conservations Areas (WCA-1, WCA-2 and WCA-3) as well as Everglades National Park. Plan amendments that apply to any land within, or within two miles of, the EPA must be transmitted to DEP within 10 days of the second public hearing on the amendment. Finally, the bills require a county whose boundaries include any portion of the EPA, and the municipalities within the county (any municipality within Palm Beach, Broward or Miami-Dade County), to transmit a copy of any small-scale plan amendment to the Department of Economic Opportunity within 10 days after adoption. SB 1364 prohibits the adoption of a small-scale plan amendment if the affected property is located within, or within two miles of, the Everglades Protection Area. CS/CS/SB 1364 passed the Senate (40-0) and died in House Messages. (O'Hara)

Environmental Management (Monitor) – Failed

CS/HB 789 (Overdorf) and CS/CS/CS/SB 738 (Burgess) limit causes of action to damages for real and personal property directly resulting from pollution that was not authorized by any government approval or permit pursuant to Chapters 373, 376 and 403, Florida Statutes. In addition, the bills provide that the strict liability exceptions to such a cause of action include those specified in Section 376.308 and 376.82, Florida Statutes. The bills also require that nonindustrial stormwater management systems be designed with side slopes that meet certain minimum design requirements. The bills require the Department of Environmental Protection (DEP) and water ...

CS/HB 789 (Overdorf) and CS/CS/CS/SB 738 (Burgess) limit causes of action to damages for real and personal property directly resulting from pollution that was not authorized by any government approval or permit pursuant to Chapters 373, 376 and 403, Florida Statutes. In addition, the bills provide that the strict liability exceptions to such a cause of action include those specified in Section 376.308 and 376.82, Florida Statutes. The bills also require that nonindustrial stormwater management systems be designed with side slopes that meet certain minimum design requirements. The bills require the Department of Environmental Protection (DEP) and water management districts to conduct reviews of their coastal permitting processes and permit programs and to submit reports of their findings and recommendations to the Governor and Legislature by December 2024. The review must include coastal construction control line permits, Section 404 permits, and permitting processes related to water supply infrastructure, wastewater infrastructure and onsite sewage treatment and disposal systems. The purpose of the review is to identify areas of improvement and increase efficiency. Finally, CS/SB 738 provides that a prevailing party in actions against the DEP or water management district relating to authorizations issued pursuant to Chapters 403 or 373 is entitled to reasonable attorney costs and fees. CS/CS/CS/SB 738 passed the Senate (26-7) and died in House Messages. (O’Hara)

Excise Tax on Water Extracted for Commercial or Industrial Use (Monitor) – Failed

SB 510 (Stewart) imposes an excise tax on persons extracting water from waters of the state for commercial or industrial use. The bill specifies that tax proceeds must be deposited in the state Water Protection and Sustainability Program Trust Fund. In addition, it specifies that tax proceeds must also be used by the Department of Environmental Protection for geological surveys to monitor the health of waters of the state and for saltwater intrusion prevention and management. (O’Hara) ...

SB 510 (Stewart) imposes an excise tax on persons extracting water from waters of the state for commercial or industrial use. The bill specifies that tax proceeds must be deposited in the state Water Protection and Sustainability Program Trust Fund. In addition, it specifies that tax proceeds must also be used by the Department of Environmental Protection for geological surveys to monitor the health of waters of the state and for saltwater intrusion prevention and management. (O’Hara)

Flood Damage Prevention (Monitor) – Failed

HB 749 (Basabe) and CS/SB 1766 (Rodriguez) provide that the maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction is 10 feet. The bills prohibit voluntary freeboard from being used to calculate the maximum allowable height of a structure. The bills define “freeboard” as the additional height above the base flood elevation for determining the level at which a structure’s lowest floor or the bottom of the lowest horizontal structure member must be elevated in accordance with floodplain management regulations and the Florida Building Code. “Voluntary freeboard” is defined as the additional height above ...

HB 749 (Basabe) and CS/SB 1766 (Rodriguez) provide that the maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction is 10 feet. The bills prohibit voluntary freeboard from being used to calculate the maximum allowable height of a structure. The bills define “freeboard” as the additional height above the base flood elevation for determining the level at which a structure’s lowest floor or the bottom of the lowest horizontal structure member must be elevated in accordance with floodplain management regulations and the Florida Building Code. “Voluntary freeboard” is defined as the additional height above the freeboard required by floodplain management regulations and the Florida Building Code. The bills authorize local governments to adopt by ordinance minimum freeboard requirements or maximum voluntary freeboard that exceeds minimum requirements. In addition, the bills require the Florida Building Commission to adopt by rule minimum freeboard requirements and to incorporate such requirements into the next edition of the Florida Building Code and to review such requirements every five years. (O’Hara)

Funding for Environmental Resource Management (Support) – Passed

CS/CS/HB 1417 (Buchanan) and CS/SB 1638 (Hutson) require the Legislature to appropriate 96% of the revenue share payments received under the 2021 gaming compact for the purpose of acquiring and managing conservation lands, improving water quality and addressing resiliency needs, including money for grants to local government for water quality improvement and greenways and trails. CS/SB 1638 passed the Senate (37-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara) ...

CS/CS/HB 1417 (Buchanan) and CS/SB 1638 (Hutson) require the Legislature to appropriate 96% of the revenue share payments received under the 2021 gaming compact for the purpose of acquiring and managing conservation lands, improving water quality and addressing resiliency needs, including money for grants to local government for water quality improvement and greenways and trails. CS/SB 1638 passed the Senate (37-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara)

Improvements to Real Property (Support) – Passed

CS/CS/CS/SB 770 (Martin) and CS/HB 927 (Trabulsy) revise requirements relating to the Property Assessed Clean Energy (PACE) program. The bills define “commercial property,” “facility,” “government commercial property,” nongovernmental lessee,” program administrator,” “qualifying improvement contractor,” “qualifying improvement program,” “qualifying improvement,” and “residential property” for purposes of the PACE program. CS/CS/SB 770 authorizes the use of interlocal agreements for the purpose of PACE financing but specifies that the property for which qualifying improvements are made must be located within the jurisdictions of the local governments that are parties to the interlocal agreement. The bills authorize local governments to enter financing ...

CS/CS/CS/SB 770 (Martin) and CS/HB 927 (Trabulsy) revise requirements relating to the Property Assessed Clean Energy (PACE) program. The bills define “commercial property,” “facility,” “government commercial property,” nongovernmental lessee,” program administrator,” “qualifying improvement contractor,” “qualifying improvement program,” “qualifying improvement,” and “residential property” for purposes of the PACE program. CS/CS/SB 770 authorizes the use of interlocal agreements for the purpose of PACE financing but specifies that the property for which qualifying improvements are made must be located within the jurisdictions of the local governments that are parties to the interlocal agreement. The bills authorize local governments to enter financing agreements with property owners to finance or refinance qualifying improvements and require such agreements to meet specified conditions. The definition of “qualifying improvement” is expanded to include wastewater improvements relating to repair, replacement, or conversion of a septic tank system, and flood and water damage mitigation and resiliency improvements. The bills define “qualifying improvements” for commercial properties. The bills revise and specify public recording requirements for assessment financing agreements and notices of lien. The bills authorize local governments to include in any contracts with program administrators provisions for performing annual reviews to confirm compliance. The bills prohibit liens relating to PACE improvements from being enforced in a manner that accelerates the remaining nondelinquent unpaid balance. Numerous new consumer protection requirements are imposed on the approval of PACE financing agreements, including requirements that a local government or program administrator determine whether a property owner has the ability to pay the assessment, requirements for disclosures to property owners, requirements for obtaining the consent of certain mortgage holders or loan servicers, requirements for monitoring compliance by qualifying improvement contractors, and requirements for annual reporting by local governments. CS/CS/CS/SB 770 passed the Senate (34-2) and the House (87-24) is awaiting action by the Governor. (O’Hara)

Indian River Lagoon Protection Program (Monitor) – Failed

HB 1005 (Roth) and SB 1354 (Wright) require 40% or $60 million, whichever is greater, of the proceeds paid into the state’s Water Protection and Sustainability Trust Fund to be used for the Indian River Lagoon Protection Program (Program). The funds may only be used to install and connect septic systems within the Program area to wastewater treatment facilities that have been prioritized by the Department of Environmental Protection (DEP). The funds shall be disbursed to local governments but may not be used to cover more than 50% of the total cost to install and connect dwellings to ...

HB 1005 (Roth) and SB 1354 (Wright) require 40% or $60 million, whichever is greater, of the proceeds paid into the state’s Water Protection and Sustainability Trust Fund to be used for the Indian River Lagoon Protection Program (Program). The funds may only be used to install and connect septic systems within the Program area to wastewater treatment facilities that have been prioritized by the Department of Environmental Protection (DEP). The funds shall be disbursed to local governments but may not be used to cover more than 50% of the total cost to install and connect dwellings to wastewater treatment facilities. In addition, the bills require DEP to identify and categorize all the commercial or residential properties that use septic systems within Basin Management Action plan areas that are within the Program area and estimate the economic cost of connecting the septic systems to a wastewater treatment facility. The bills direct DEP to perform a cost-benefit analysis to rank and prioritize systems for funding connection grants. The bills require DEP to submit an annual report on its actions relating to the Program to the Governor and the Legislature. (O’Hara)

Installation of Waterway Markers (Monitor) – Failed

SB 784 (Gruters) revises the application and installation requirements for uniform waterway markers. It requires that all waterway markers and information markers be affixed to plastic breakaway structures or floating buoys by January 1, 2025. The bill prohibits a governmental entity from affixing a waterway marker to a steel beam or wood piling. (O’Hara) ...

SB 784 (Gruters) revises the application and installation requirements for uniform waterway markers. It requires that all waterway markers and information markers be affixed to plastic breakaway structures or floating buoys by January 1, 2025. The bill prohibits a governmental entity from affixing a waterway marker to a steel beam or wood piling. (O’Hara)

Land and Water Management (Monitor) – Failed

HB 527 (Maggard) and SB 664 (Burgess) require a local government to use eminent domain to acquire any land or water buffer area that exceeds the minimum land or water buffer areas required under state law for development in or around wetlands. The bills also preempt dredge and fill permitting to the state and eliminate statutory authority for Land Management Review Teams at water management districts. (O’Hara) ...

HB 527 (Maggard) and SB 664 (Burgess) require a local government to use eminent domain to acquire any land or water buffer area that exceeds the minimum land or water buffer areas required under state law for development in or around wetlands. The bills also preempt dredge and fill permitting to the state and eliminate statutory authority for Land Management Review Teams at water management districts. (O’Hara)

Management and Storage of Surface Waters (Monitor) – Failed

SB 986 (Burton) provides an exemption from surface water management and storage regulations for implementing water quality improvements and specified measures for environmental habitat restoration, enhancement and creation on certain agricultural lands or government-owned lands. The measures may alter topography of the land, divert or impede the flow of surface waters on the land, or impact wetlands if the measures result in a net increase in wetland functions. The bill prohibits the use of the exemption to establish mitigation banks or regional offsite mitigation areas. (O’Hara) ...

SB 986 (Burton) provides an exemption from surface water management and storage regulations for implementing water quality improvements and specified measures for environmental habitat restoration, enhancement and creation on certain agricultural lands or government-owned lands. The measures may alter topography of the land, divert or impede the flow of surface waters on the land, or impact wetlands if the measures result in a net increase in wetland functions. The bill prohibits the use of the exemption to establish mitigation banks or regional offsite mitigation areas. (O’Hara)

Marine Encroachment on Military Operations (Monitor) – Passed

SB 1720 (Rodriguez) and HB 1407 (Altman) modify current growth management laws to expand the types of military installations that local governments must cooperate with to encourage compatible land uses in associated areas. The bills encourage partnerships with local governments to create local mangrove protection and restoration zone programs. The expansion adds military “ranges” specified annexes in the Keys as well as ranges at Fleming Bay to the types of installations subject to the cooperation requirements. SB 1720 passed the Senate (36-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara) ...

SB 1720 (Rodriguez) and HB 1407 (Altman) modify current growth management laws to expand the types of military installations that local governments must cooperate with to encourage compatible land uses in associated areas. The bills encourage partnerships with local governments to create local mangrove protection and restoration zone programs. The expansion adds military “ranges” specified annexes in the Keys as well as ranges at Fleming Bay to the types of installations subject to the cooperation requirements. SB 1720 passed the Senate (36-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara)

Mitigation Credits (Monitor) – Failed

SB 1646 (DiCeglie) revises the list of projects eligible to use wetland mitigation banks and authorizes the use of mitigation credits within surrounding basins, rather than in the basin being impacted if credits are deemed unavailable within that basin. The bill specifies the circumstances under which credits may be deemed unavailable in a basin and specifies the factors the Department of Environmental Protection and water management districts must consider when awarding mitigation credits. In addition, the bill provides requirements for the calculation of additional credits necessary to use mitigation credits from outside a project area basin. The bill ...

SB 1646 (DiCeglie) revises the list of projects eligible to use wetland mitigation banks and authorizes the use of mitigation credits within surrounding basins, rather than in the basin being impacted if credits are deemed unavailable within that basin. The bill specifies the circumstances under which credits may be deemed unavailable in a basin and specifies the factors the Department of Environmental Protection and water management districts must consider when awarding mitigation credits. In addition, the bill provides requirements for the calculation of additional credits necessary to use mitigation credits from outside a project area basin. The bill requires the Department to adopt rules that conform to and implement the bill’s requirements. (O’Hara)

Municipal Utilities (Oppose) – Failed

CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the ...

CS/CS/HB 1277 (Busatta Cabrera) and SB 1510 (Brodeur) impose restrictions on the use of municipal water, wastewater, gas or electric utility revenues to fund general government services and impose restrictions on the imposition of water and wastewater extraterritorial surcharges. CS/CS/HB 1277 requires interlocal agreements for extraterritorial utility service (gas, electric, water and wastewater) to be written and provides that such agreements may not become effective until the provider municipality holds a joint public meeting with the governing body of the recipient jurisdiction. In addition, the bill requires a joint annual customer meeting between the providing municipality and the recipient jurisdictions’ governing bodies for the purpose of obtaining public input on utility matters. CS/CS/HB 1277 imposes a 10% cap of gross utility revenues on any utility enterprise fund transfers to the general fund. Beginning November 2024, municipal utilities providing extraterritorial services are required to submit an annual report to the Public Service Commission with information about the scope and nature of the services. Beginning January 2025, the Public Service Commission is required to aggregate the information submitted by municipal utilities and provide an annual report to the Legislature. SB 1510 specifies that the portion of utility revenues transferred to the general fund may not exceed the transfer rates specified in the bill. The specified transfer rates are based on the average midpoints of the rates of return on equity approved by the Public Service Commission for investor-owned utilities. The bill requires further reductions in the allowable transfer rate based on the percentage of the utility’s retail customers located outside the municipality’s boundaries. The bill further specifies that these reductions do not apply if the utility service is governed by a utility authority board that, through the election of voting members from outside the municipal boundaries, provides for proportionate representation of customers located outside the municipal boundaries. With respect to extraterritorial surcharges, CS/CS/HB 1277 and SB 1510 eliminate the first 25% extraterritorial surcharge that may be imposed without a public hearing. The bills eliminate the second 25% surcharge that may be imposed after a public hearing. In addition, the bills provide that rates, fees and charges that may be imposed on extraterritorial customers shall not exceed 25% (reduced from the 50% allowed under current law) of the total amount the municipality charges customers served within the municipality for corresponding service. The effective date of the bills is July 2025. (O’Hara)

Municipal Solid Waste to Energy Program (Monitor) – Failed

SB 1606 (Torres) and HB 1631 (Campbell) change the state agency responsible for administering the Municipal Solid Waste-to-Energy Program from the Department of Agriculture and Consumer Services to the Department of Environmental Protection. The bills revise the eligibility requirements for financial assistance under the program and provide that an applicant that does not meet minimum federal air quality standards is ineligible for grant funding. The bills also require an environmental justice evaluation by the agency of the facility’s impact on low-income and historically marginalized groups. (O’Hara) ...

SB 1606 (Torres) and HB 1631 (Campbell) change the state agency responsible for administering the Municipal Solid Waste-to-Energy Program from the Department of Agriculture and Consumer Services to the Department of Environmental Protection. The bills revise the eligibility requirements for financial assistance under the program and provide that an applicant that does not meet minimum federal air quality standards is ineligible for grant funding. The bills also require an environmental justice evaluation by the agency of the facility’s impact on low-income and historically marginalized groups. (O’Hara)

Mitigation Areas and Assessments (Monitor) – Failed

SB 836 (Simon) amends Section 373.414, Florida Statutes, relating to wetland and surface water mitigation areas and assessments. It specifies conditions under which the required “degree of risk” may not be considered when a uniform mitigation assessment method is being applied. For mitigation areas created after January 2022, and for which mitigation has not been determined by the state to be successful for a mitigation area as of July 2024, the bill specifies that no conservation easement or other similar form of encumbrance of real property may be required as a condition of approval of the permit or ...

SB 836 (Simon) amends Section 373.414, Florida Statutes, relating to wetland and surface water mitigation areas and assessments. It specifies conditions under which the required “degree of risk” may not be considered when a uniform mitigation assessment method is being applied. For mitigation areas created after January 2022, and for which mitigation has not been determined by the state to be successful for a mitigation area as of July 2024, the bill specifies that no conservation easement or other similar form of encumbrance of real property may be required as a condition of approval of the permit or mitigation plan, and the mitigation credits attributable to the mitigation area will be determined without regard to the presence or absence of a conservation easement or other similar form of encumbrance. (O’Hara)

Municipal Water and Sewer Utility Rates (Monitor) – Failed

HB 47 (Robinson, F.) and SB 104 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara) ...

HB 47 (Robinson, F.) and SB 104 (Jones) require a municipality that operates a water or sewer utility providing services to customers in another recipient municipality using a facility or plant located in the recipient municipality to charge customers in the recipient municipality the same rates, fees and charges it imposes on customers within its own municipal boundaries. (O'Hara)

Municipal Water or Sewer Utility Rates, Fees and Charges (Oppose) – Failed

CS/HB 777 (Brackett) and SB 1088 (Martin) remove statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. HB 777 would require that rates, fees and charges be the same for customers served inside and outside the municipality’s boundaries. SB 1088 specifies that rates, fees, and charges for extraterritorial customers must be just and equitable and be based on the same factors used to fix rates, fees, and charges for customers inside the municipality’s boundaries. The bills also require municipal utilities that serve extraterritorial customers to conduct a rate study by January 1, ...

CS/HB 777 (Brackett) and SB 1088 (Martin) remove statutory authorization for municipalities to impose any surcharge for serving customers outside their municipal boundaries. HB 777 would require that rates, fees and charges be the same for customers served inside and outside the municipality’s boundaries. SB 1088 specifies that rates, fees, and charges for extraterritorial customers must be just and equitable and be based on the same factors used to fix rates, fees, and charges for customers inside the municipality’s boundaries. The bills also require municipal utilities that serve extraterritorial customers to conduct a rate study by January 1, 2027, and every seven years thereafter. (O’Hara)

Preemption of Recyclable and Polystyrene Materials (Support) – Failed

SB 498 (Stewart) removes the state law preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags and removes the state preemption of local law regarding the use or sale of polystyrene products. (O’Hara) ...

SB 498 (Stewart) removes the state law preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags and removes the state preemption of local law regarding the use or sale of polystyrene products. (O’Hara)

Public Records and Meetings of a Utility Owned or Operated by a Local Government (Support) – Passed

CS/SB 7006 (Regulated Industries) and HB 7047 (Ethics, Elections and Open Government Subcommittee) extend the repeal date for the public records and public meetings exemptions relating to information technology security of local government utilities to October 2, 2027, which coincides with the repeal date for cybersecurity public records exemptions for all public agencies. In addition, the bills save from repeal the public record exemption related to customer meter-derived data and billing information. CS/SB 7006 passed the Senate (39-0) and the House (115-0) and is awaiting action by the Governor. (O’Hara) ...

CS/SB 7006 (Regulated Industries) and HB 7047 (Ethics, Elections and Open Government Subcommittee) extend the repeal date for the public records and public meetings exemptions relating to information technology security of local government utilities to October 2, 2027, which coincides with the repeal date for cybersecurity public records exemptions for all public agencies. In addition, the bills save from repeal the public record exemption related to customer meter-derived data and billing information. CS/SB 7006 passed the Senate (39-0) and the House (115-0) and is awaiting action by the Governor. (O’Hara)

Ratification of Statewide Stormwater Rule (Support) – Passed

CS/SB 7040 (Environment and Natural Resources Committee) and CS/HB 7053 (Water Quality, Supply and Treatment Subcommittee) ratify the Department of Environmental Protection’s revisions to the stormwater rules within Chapter 62-330, Florida Administrative Code, with additional changes, including: (1) clarifying provisions relating to grandfathered projects; (2) providing that entities implementing stormwater best management practices also regulated under different provisions of law are not subject to duplicate inspections for the same practices; and (3) allowing alternative treatment standards for redevelopment projects in areas with impaired waters. CS/SB 7040 was amended to include additional grandfathering for projects for which a rezoning ...

CS/SB 7040 (Environment and Natural Resources Committee) and CS/HB 7053 (Water Quality, Supply and Treatment Subcommittee) ratify the Department of Environmental Protection’s revisions to the stormwater rules within Chapter 62-330, Florida Administrative Code, with additional changes, including: (1) clarifying provisions relating to grandfathered projects; (2) providing that entities implementing stormwater best management practices also regulated under different provisions of law are not subject to duplicate inspections for the same practices; and (3) allowing alternative treatment standards for redevelopment projects in areas with impaired waters. CS/SB 7040 was amended to include additional grandfathering for projects for which a rezoning application was submitted before January 1, 2024, and development of regional impact projects was approved before January 1, 2024. CS/HB 7053 was amended to include additional grandfathering for stormwater management plans and designs included with a project associated with an application for site plan or subdivision plat approval submitted before January 1, 2024, as well as grandfathering for valid development of regional impact (DRI) projects with a development order approved prior to January 1, 2024, and grandfathering for planned unit development (PUD) projects with an approved final development plan prior to January 1, 2024. The DRI development order grandfathering provision terminates in 2044, and the PUD grandfathering provision terminates in 2034. CS/SB 7040 passed the Senate (37-0) and the House (114-0) and is awaiting action by the Governor. (O’Hara)

Regulation of Auxiliary Containers (Oppose) – Failed

SB 1126 (Martin) and HB 1641 (Yeager) preempt the regulation of auxiliary containers (reusable or single-use bags, cups, bottles or other packaging) and deletes a current law provision that requires the Department of Environmental Protection to review and update its 2010 report on retail bags and auxiliary containers. (O’Hara) ...

SB 1126 (Martin) and HB 1641 (Yeager) preempt the regulation of auxiliary containers (reusable or single-use bags, cups, bottles or other packaging) and deletes a current law provision that requires the Department of Environmental Protection to review and update its 2010 report on retail bags and auxiliary containers. (O’Hara)

Regulation of Single-use Plastic Products (Support) – Failed

SB 698 (Rodriguez) requires the Department of Environmental Protection to review and periodically update its 2010 report and recommendations relating to the use of plastic bags and auxiliary containers. The bill establishes a pilot program for coastal municipalities to establish a pilot program to regulate single-use plastic products upon meeting specified conditions. (O’Hara). ...

SB 698 (Rodriguez) requires the Department of Environmental Protection to review and periodically update its 2010 report and recommendations relating to the use of plastic bags and auxiliary containers. The bill establishes a pilot program for coastal municipalities to establish a pilot program to regulate single-use plastic products upon meeting specified conditions. (O’Hara).

Release of Balloons (Support) – Passed

CS/CS/SB 602 (DiCeglie) and CS/HB 321 (Chaney) revise the current law prohibiting the release of certain balloons. SB 602 deletes the specified timeframe and number of balloons subject to the prohibition, making the intentional release of any number of balloons over any timeframe a violation of state law. SB 602 also deletes the current law exemption from the prohibition for certain biodegradable or photodegradable balloons. Both bills provide that a person who violates the statutory prohibition commits the noncriminal infraction of littering, punishable as provided in Section 403.413(6)(a), Florida Statutes. CS/HB 321 passed the House (102-9) and the ...

CS/CS/SB 602 (DiCeglie) and CS/HB 321 (Chaney) revise the current law prohibiting the release of certain balloons. SB 602 deletes the specified timeframe and number of balloons subject to the prohibition, making the intentional release of any number of balloons over any timeframe a violation of state law. SB 602 also deletes the current law exemption from the prohibition for certain biodegradable or photodegradable balloons. Both bills provide that a person who violates the statutory prohibition commits the noncriminal infraction of littering, punishable as provided in Section 403.413(6)(a), Florida Statutes. CS/HB 321 passed the House (102-9) and the Senate (38-2) is awaiting action by the Governor. (O’Hara)

Resilience Districts (Monitor) – Failed

SB 1330 (Calatayud) creates a process for establishing resilience districts in Florida to support local governments’ efforts to mitigate the risk of sea-level rise and increased flooding. The bill defines several relevant terms to support the formation of these citizen-initiated financing districts that are intended to address infrastructure and resilience problems. The bill sets boundaries for resilience districts, defines their acceptable uses, and includes provisions for project management fees. If a local government acts as project manager for a resilience district, the bill authorizes the local government to receive a project management fee of up to 5% of ...

SB 1330 (Calatayud) creates a process for establishing resilience districts in Florida to support local governments’ efforts to mitigate the risk of sea-level rise and increased flooding. The bill defines several relevant terms to support the formation of these citizen-initiated financing districts that are intended to address infrastructure and resilience problems. The bill sets boundaries for resilience districts, defines their acceptable uses, and includes provisions for project management fees. If a local government acts as project manager for a resilience district, the bill authorizes the local government to receive a project management fee of up to 5% of the total cost of design and construction. The bill establishes conditions for local government review and approval of a resilience district and imposes additional obligations on local governments that “inappropriately” deny a petition to establish a district. Additional obligations include but are not limited to a requirement that the local government fund and implement a proposed resiliency project instead of the district. If a proposed district is identical to or shares more than 90% of the geography of any existing special taxing district that serves a similar function, the bill requires dissolution of the special taxing district and reconstitution as a resilience district, with all existing funds serving the special taxing district transferred to the resilience district. Additionally, the bill prescribes the composition and responsibilities of district boards and establishes financial transparency measures. (O’Hara)

Renewable Natural Gas (Monitor) – Failed

SB 480 (DiCeglie) and HB 683 (Yeager) authorize an investor-owned utility to recover, through an appropriate cost-recovery mechanism administered by the Public Service Commission, prudently incurred renewable natural gas infrastructure project costs. The bill revises the required contents of a basin management action plan for an Outstanding Florida Spring to include identification of water quality improvement projects that can also produce and capture renewable natural gas through anaerobic digestion or other similar technologies at wastewater treatment plants, livestock farms, food production facilities and organic waste management operations. It encourages municipalities and counties to develop regional solutions to the ...

SB 480 (DiCeglie) and HB 683 (Yeager) authorize an investor-owned utility to recover, through an appropriate cost-recovery mechanism administered by the Public Service Commission, prudently incurred renewable natural gas infrastructure project costs. The bill revises the required contents of a basin management action plan for an Outstanding Florida Spring to include identification of water quality improvement projects that can also produce and capture renewable natural gas through anaerobic digestion or other similar technologies at wastewater treatment plants, livestock farms, food production facilities and organic waste management operations. It encourages municipalities and counties to develop regional solutions to the processing, capture and reuse or sale of renewable natural gas from landfills and wastewater treatment facilities. Finally, it authorizes the Department of Agriculture to expand any “farm-to-fuel” initiative to address the production and capture of renewable natural gas. SB 480 passed the Senate (35-2) and died in House messages. (O’Hara)

Safe Waterways Act (Monitor) – Passed

CS/HB 165 (Gossett-Seidman) and CS/SB 338 (Berman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. The bill specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water ...

CS/HB 165 (Gossett-Seidman) and CS/SB 338 (Berman) requires the Department of Health to adopt and enforce certain rules and issue health advisories for beach waters and public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bill also expands the current law preemption of the issuance of health advisories related to bacteriological sampling of beach waters to include public bathing places. The bill specifies that beach waters and public bathing places must close if closure is necessary to protect health and safety and must remain closed until the water quality is restored in accordance with the Department's standards. The bill requires the Department to adopt by rule specifications for signage that must be used when it issues a health advisory against swimming in affected beach waters or public bathing places due to elevated levels of specified bacteria and requires such signage to be placed at beach access points and access points to public bathing places until the health advisory is removed. The bill specifies that municipalities and counties are responsible for posting and maintaining the signage around beaches and public bathing places they own. CS/HB 165 passed the House (113-0) and the Senate (40-0) and is awaiting action by the Governor. (O'Hara)

Saltwater Intrusion Vulnerability Assessments (Monitor) – Failed

CS/SB 298 (Polsky) authorizes the Department of Environmental Protection to provide grants to coastal counties for saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on a county's water supply, water utility infrastructure, wellfield protection and freshwater supply management. The bill requires the Department to update its comprehensive statewide flood vulnerability and sea level rise data set to include information received from the county saltwater intrusion vulnerability assessments. The bill directs the Department to provide 50% cost-share funding to counties, up to $250,000, for each grant, and exempt counties with a population of 50,000 or less ...

CS/SB 298 (Polsky) authorizes the Department of Environmental Protection to provide grants to coastal counties for saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on a county's water supply, water utility infrastructure, wellfield protection and freshwater supply management. The bill requires the Department to update its comprehensive statewide flood vulnerability and sea level rise data set to include information received from the county saltwater intrusion vulnerability assessments. The bill directs the Department to provide 50% cost-share funding to counties, up to $250,000, for each grant, and exempt counties with a population of 50,000 or less from the cost-share requirement. In addition, the bill includes provisions relating to the Department of Environmental Protection’s approval of a coastal county or municipality’s establishment of coastal construction zoning and building codes in lieu of the Department’s requirements. The bill authorizes a city or county to establish its own requirements if the local government’s coastal zones and codes were approved in writing by the Department on or before December 1, 2023. CS/HB 298 passed the Senate (26-0) and died in House messages. (O'Hara)

State Renewable Energy Goals (Monitor) – Failed

SB 144 (Berman) and HB 193 (Eskamani) amend multiple provisions of law relating to renewable energy. The bills prohibit the drilling, exploration for or the production of oil, gas or other petroleum products on the lands and waters of the state. The bills provide that by 2050, 100% of the electricity used in the state will be generated from 100% renewable energy and that by 2051, the state will have net zero carbon emissions. The bills direct the Office of Energy within the Department of Agriculture and Consumer Services to coordinate with state, regional and local entities to ...

SB 144 (Berman) and HB 193 (Eskamani) amend multiple provisions of law relating to renewable energy. The bills prohibit the drilling, exploration for or the production of oil, gas or other petroleum products on the lands and waters of the state. The bills provide that by 2050, 100% of the electricity used in the state will be generated from 100% renewable energy and that by 2051, the state will have net zero carbon emissions. The bills direct the Office of Energy within the Department of Agriculture and Consumer Services to coordinate with state, regional and local entities to develop a unified statewide renewable energy plan. (O’Hara)

Statewide Drinking Water Standards (Monitor) – Failed

SB 1546 (Stewart) and HB 1533 (Plakon) require the Department of Environmental Protection to adopt rules for a statewide maximum contaminant level for 1,4-dioxane. The rules must require a public water system, by January 2025, to test all of the system’s groundwater wells for dioxane. If dioxane is detected at levels greater than the statewide standard, the public water system must develop and submit to the Department a mitigation plan to bring the dioxane levels to state standards and comply with such standards within five years after the rules are adopted. The system must retest for dioxane at ...

SB 1546 (Stewart) and HB 1533 (Plakon) require the Department of Environmental Protection to adopt rules for a statewide maximum contaminant level for 1,4-dioxane. The rules must require a public water system, by January 2025, to test all of the system’s groundwater wells for dioxane. If dioxane is detected at levels greater than the statewide standard, the public water system must develop and submit to the Department a mitigation plan to bring the dioxane levels to state standards and comply with such standards within five years after the rules are adopted. The system must retest for dioxane at frequencies determined by the Department and make the mitigation plan and testing results available to the public. If testing does not detect levels of dioxane exceeding the state standard, a public water system must make the testing results available to the public and must retest for dioxane within five years. In addition, the bills require the Department to provide financial assistance under the drinking water state revolving loan fund to public water systems necessary to help reduce the system’s costs to update system infrastructure to meet the new standards. (O’Hara)

Statewide Environmental Resource Permitting Rules (Monitor) – Failed

SB 406 (Rodriguez) requires that stormwater management systems be designed with side slope horizontal-to-vertical ratio of 4:1 or an equivalent substitute. The bill supersedes all other side slope rules adopted by the Department of Environmental Protection, water management districts or delegated local programs. (O’Hara) ...

SB 406 (Rodriguez) requires that stormwater management systems be designed with side slope horizontal-to-vertical ratio of 4:1 or an equivalent substitute. The bill supersedes all other side slope rules adopted by the Department of Environmental Protection, water management districts or delegated local programs. (O’Hara)

Surplus Lands (Monitor) – Failed

SB 1620 (Collins) requires the state Acquisition and Restoration Council to determine whether any lands surplused by a local government are within a Florida Wildlife Corridor opportunity area. It prohibits further development rights from being attached to such lands that are determined to be within the Corridor opportunity area. The bill authorizes the Department of Environmental Protection (DEP) to surplus state-owned conservation lands without development rights within the Corridor and provides a disposition process for such lands. The bill requires water management districts to determine whether surplus district lands are within the Corridor opportunity area. (O’Hara) ...

SB 1620 (Collins) requires the state Acquisition and Restoration Council to determine whether any lands surplused by a local government are within a Florida Wildlife Corridor opportunity area. It prohibits further development rights from being attached to such lands that are determined to be within the Corridor opportunity area. The bill authorizes the Department of Environmental Protection (DEP) to surplus state-owned conservation lands without development rights within the Corridor and provides a disposition process for such lands. The bill requires water management districts to determine whether surplus district lands are within the Corridor opportunity area. (O’Hara)

Trees on Residential Property (Support) – Failed

SB 122 (Stewart) repeals a state law preemption of local government regulation of tree pruning, trimming or removal on residential property. (O’Hara) ...

SB 122 (Stewart) repeals a state law preemption of local government regulation of tree pruning, trimming or removal on residential property. (O’Hara)

Underground Facilities (Monitor) – Failed

SB 708 (Burton) and HB 825 (Koster) revise the timeframe within which an excavator is required to provide information through the free-access notification system established by Sunshine State One-Call Florida, Inc., before beginning certain excavation or demolition activities. In addition, the bills revise the timeframes during which member operators who receive such notifications are required to mark the horizontal route of an underground facility and provide a positive response to the system. (O’Hara) ...

SB 708 (Burton) and HB 825 (Koster) revise the timeframe within which an excavator is required to provide information through the free-access notification system established by Sunshine State One-Call Florida, Inc., before beginning certain excavation or demolition activities. In addition, the bills revise the timeframes during which member operators who receive such notifications are required to mark the horizontal route of an underground facility and provide a positive response to the system. (O’Hara)

Water Safety (Oppose) – Failed

SB 1538 (Torres) requires state parks to have a certified lifeguard at designated swimming areas within state parks. In addition, the bill requires “police vehicles” to be equipped with a rescue buoy for a water safety incident and requires the staffing for each shift at a fire department to include at least one firefighter who is certified in rescue diving and who is not a captain or battalion chief. (O’Hara) ...

SB 1538 (Torres) requires state parks to have a certified lifeguard at designated swimming areas within state parks. In addition, the bill requires “police vehicles” to be equipped with a rescue buoy for a water safety incident and requires the staffing for each shift at a fire department to include at least one firefighter who is certified in rescue diving and who is not a captain or battalion chief. (O’Hara)

Wind Energy Facility Siting (Monitor) – Failed

HB 1493 (Altman) and SB 1718 (Collins) prohibit the construction, operation or expansion of wind energy facilities and offshore wind energy facilities in the state. (O’Hara) ...

HB 1493 (Altman) and SB 1718 (Collins) prohibit the construction, operation or expansion of wind energy facilities and offshore wind energy facilities in the state. (O’Hara)

Other Bills of Interest

SB 192 (Garcia, I.) – Anchoring of Vessels in Anchoring Limitation Areas (Biscayne Bay) ...

SB 192 (Garcia, I.) – Anchoring of Vessels in Anchoring Limitation Areas (Biscayne Bay) SB 452 (Burton) and HB 451 (Bell) – Land Acquisition Trust Fund (Heartland Headwaters) HB 437 (Porras) – Anchoring Limitation Areas (Biscayne Bay) SB 484 (Bradley) and HB 1049 (Hunchofsky) – Flood Disclosure in the Sale of Real Property SB 566 (Rodriguez) – Land Acquisition Trust Fund (Florida Keys) HB 815 (Smith) and SB 998 (Collins) – Liquified Petroleum Gas HB 1075 (Truenow) and SB 1772 (Collins) – Soil and Water Conservation Districts SB 1136 (Trumbull) and HB 1163 (McClain) – Regulation of Water Resources/Water Well Contractors SB 1210 (Martin) – Estero Bay Aquatic Preserve HB 1119 (Antone) and SB 38 (Stewart) – Flood Zone Disclosures for Dwelling Units HB 1311 (LaMarca) and SB 1754 (Pizzo) – Office of the Blue Economy SB 1756 (Pizzo) – Blue Economy Evaluation HB 1565 (Grant) and SB 1360 (Gruters) – Florida Red Tide Mitigation and Technology Development Initiative HB 1411 (Cross) – Shore Protection