Governor Signs 12 Bills Into Law

Tallahassee – Monday June 230, 2022: Governor DeSantis Monday signed the following 12 bills into law:

• CS/SB 196 – Florida Housing Finance Corporation
The bill designates the Florida Housing Finance Corporation (Florida Housing) as the state fiscal agency authorized to make constitutional determinations of fiscal sufficiency in connection with their issuance of bonds to finance the development of affordable housing. Currently, such determinations must be made by the State Board of Administration.

The bill codifies certain definitions and regulations related to the qualified contract process by which Florida Housing seeks a purchaser for an affordable housing development in order to maintain its affordable housing status. Additionally, the bill proscribes what happens to the affordable housing development’s extended use period if a qualified contract does not close. If the reason is generally due to actions by the owner, then the extended use period continues. If contract does not close for other reasons, and Florida Housing is unable to find another purchaser within a 1-year period, then the extended use period ends.

The bill also repeals provisions that limit Elderly Housing Community Loan program loans to $750,000 per housing community and contain certain requirements for such loans.

These provisions take effect July 1, 2022.

Vote: Senate 37-0; House 113-0

• CS/CS/SB 596 – Criminal Conflict and Civil Regional Counsels
 Specifying the responsibilities of regional counsels regarding witness coordination; removing the requirement that regional counsel employees be governed by Justice Administrative Commission classification and salary and benefits plans; authorizing regional counsels to access certain confidential information relating to proceedings involving children under specified circumstances; authorizing regional counsel offices to obtain fictitious names for motor vehicle and vessel plates or decals, etc.

Effective Date: 07/01/2022 except as otherwise provided

• CS/SB 598 – Public Records
The bill exempts certain motor vehicle registration records in order to conceal that the owner or operator of a motor vehicle or vessel is an Office of Criminal Conflict and Civil Regional Counsel. The exemption protects investigators, and it is similar to exemptions for investigators employed by state attorneys and public defenders.

The bill is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2027, unless reviewed and saved from the repeal through reenactment by the Legislature.

If approved by the Governor, these provisions take effect on the same date that CS/CS/SB 596 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.

Vote: Senate 38-0; House 117-0

• CS/SB 606 – Boating Safety
The bill defines a livery as a person who advertises and offers a livery vessel for use by another in exchange for consideration, when such person does not also provide a captain, crew, or any type of personnel to operate, oversee, maintain, or manage the vessel.

The bill requires that liveries obtain a no-cost, annual livery permit and implement certain safety requirements. The bill adds penalties for violations of livery requirements. It also requires that a livery obtain and carry in full force and effect an insurance policy that insures the livery and the renter. The bill exempts human-powered vessels from the insurance requirement. Amendments to the livery regulations contained in the bill will take effect January 1, 2023.

The bill adds required components to Fish and Wildlife Conservation Commission (FWC)-approved boating safety education courses and temporary certificate examinations and requires the operator of a vessel used in water sport or activity instruction to use an engine cutoff switch when a participant is in the water. These requirements will take effect October 1, 2022.

The bill increases or adds penalties for noncriminal infractions of vessel safety laws. It increases the additional civil penalty for noncriminal infractions of vessel laws from $50 to $100. It directs certain penalties to the Marine Resource Conservation Trust Fund to supplement law enforcement activities.

The bill requires the Fish and Wildlife Conservation Commission to maintain a program to ensure compliance with mandatory boating safety education requirements.

The bill requires a physical residential or business address for vessel registration applicants, with a limited exception for live-aboard vessel owners.

If approved by the Governor, these provisions take effect July 1, 2022 unless otherwise provided.

Vote: Senate 36-1; House 112-1

• CS/CS/SB 1614 – Public Records
The bill expands a current public records exemption related to personal information in a crash report, and make crash report data in a computerized database confidential and exempt from public inspection and copying requirements. The bill also makes driver information contained in a uniform traffic citation (UTC) exempt from public record inspection and copying requirements.

The bill makes crash report data in a computerized database confidential and exempt from public inspection and copying requirements, and designates certain governmental and third-party entities to whom a crash report may be made immediately available. The bill permits a crash report to be available to the media provided that it does not contain the following information for the parties involved in the crash: home or employment street address; driver license or identification card number; date of birth; and home and employment telephone numbers.

The bill provides that crash reports may be made available 60 days after the report is filed to any person or entity eligible to access crash reports under the bill or in accordance with any of the permissible uses listed in the Driver’s Privacy Protection Act (DPPA) of 1994 and pursuant to the resale and re-disclosure requirements in the DPPA.

The bill makes driver information in a UTC exempt from public records inspection and copying requirements, and defines the term “driver information” to mean a driver’s date of birth, driver license number, address excluding the five-digit zip code, telephone number, motor vehicle license plate number, and trailer tag number. The bill excludes the driver’s name from the definition.

The bill specifically provides authority for an agency to release driver information in a UTC in accordance with the exemptions in the DPPA and in the same manner prescribed by statute.

The bill provides additional penalties for a person who obtains a crash report or crash data and who knowingly discloses or uses personal information revealed in the report for a purpose not permitted under the DPPA is liable to the individual to whom the information pertains, who may bring a civil action in court. The court may award: actual damages, but not less than liquidated damages in the amount of $2,500; punitive damages upon proof of willful or reckless disregard of the law; reasonable attorney fees and other litigation costs reasonably incurred; or such other preliminary and equitable relief as the court determines to be appropriate.

The bill is subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2027, unless reviewed and reenacted by the Legislature.

If approved by the Governor, these provisions take effect March 1, 2023.

Vote: Senate 35-3; House 115-1

• CS/SB 1764 – Municipal Solid Waste-to-Energy Program
Creating the Municipal Solid Waste-to-Energy Program within the Department of Agriculture and Consumer Services for a specified purpose; requiring the department, subject to appropriation, to provide annual financial assistance grants to municipal solid waste-to-energy facilities that meet certain requirements; requiring the department to establish a process to verify the amount of certain electric power purchases; directing the Public Service Commission to provide assistance in verifying grant eligibility, etc.

Effective Date: 07/01/2022

• HB 357 – Pharmacies and Pharmacy Benefit Managers
General Bill by Toledo (CO-SPONSORS) Alexander; Barnaby; Bartleman; Benjamin; Botana; Brown; Bush; Caruso; Casello; Chaney; Davis; Eskamani; Hunschofsky; Joseph; McCurdy; Melo; Mooney; Morales; Nixon; Rayner; Rizo; Sabatini; Salzman; Sirois; Slosberg-King; Smith, D.; Tant; Thompson

Pharmacies and Pharmacy Benefit Managers: Revises entities conducting pharmacy audits to which certain requirements & restrictions apply; authorizes audited pharmacies to appeal certain findings; provides that health insurers & HMOs that transfer certain payment obligation to pharmacy benefit managers remain responsible for specified violations; provides penalty for failure to register as pharmacy benefit managers.

Effective Date: July 1, 2022

• CS/HB 397 – Court Fiscal Administration
General Bill by Justice Appropriations Subcommittee and Clemons (CO-SPONSORS) Barnaby; Brannan; Maney; Massullo; McCurdy; Morales; Overdorf; Payne; Roth; Sirois; Thompson; Trabulsy; Valdés

Court Fiscal Administration: Revises calculation for presumed ability to pay; provides formula for determining down payment; revising duties of the Florida Clerks of Court Operation Corporation; authorizes the corporation to request reimbursement at a specified rate; authorizes clerk to review certain records when making a determination of indigence; requires DHSMV to implement certain technology.

Effective Date: July 1, 2022

• CS/CS/CS/HB 967 – Golf Course Best Management Practices Certification
General Bill by State Affairs Committee and Agriculture & Natural Resources Appropriations Subcommittee and Environment, Agriculture & Flooding Subcommittee and Truenow (CO-SPONSORS) Mooney; Rizo

Golf Course Best Management Practices Certification: Directs turfgrass science program at UF/IFAS, in coordination & cooperation with DEP, to administer certification for golf course best management practices & provide training & testing programs; provides exemption from certain local training & local ordinance regulations; provides for turfgrass science program to share information with governmental entities & create online registry.

Effective Date: July 1, 2022

• HB 1431 – City of Apopka, Orange County
Local Bill by Plasencia and Truenow (CO-SPONSORS) Morales

City of Apopka, Orange County: Provides exception to general law; provides space, seating, & minimum gross revenue requirements for special alcoholic beverage licenses for restaurants in described areas; provides boundaries.

Effective Date: upon becoming a law

• CS/HB 1475 – Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances
General Bill by State Affairs Committee and McClure and Overdorf (CO-SPONSORS) Altman; Andrade; Buchanan; Chaney; Fine; Gottlieb; Hawkins; Joseph; Maney; Sirois; Toledo; Truenow; Willhite; Zika

Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances: Requires DEP to adopt statewide rules for cleanup target levels for perfluoroalkyl & polyfluoroalkyl substances in drinking water, groundwater, & soil under specified condition; requires legislative ratification of such rules; provides circumstances under which certain governmental entities & water suppliers are not subject to certain actions; provides for tolling of certain statutes of limitations.

Effective Date: upon becoming a law

• CS/HB 1493 – Alachua County
LOCAL BILL by Local Administration and Veterans Affairs Subcommittee ; Clemons ; (CO-INTRODUCERS) Fine ; Roth

Alachua County; Amends Alachua County Home Rule Charter to require election of county commissioners in single-member districts; provides for referendum.

Effective Date: upon its approval by a majority vote of the qualified electors of Alachua County voting in a referendum conducted in accordance with the provisions of law relating to elections currently in force

To read the transmittal letters, click here and here .