Capitol Update – April 2, 2021 | Buchanan Government Relations

Budget Update

Lawmakers moved closer this week to crafting a FY 2021-22 State Budget. Senate and House full budget committees met this week to pass their respective spending plans (SB 2500 and HB 5001) teeing them up for debate, possible amendments, and passage on the full floor of the chambers. Budget conference will be called subsequently to hammer out remaining differences, including spending on education, health care and the environment.

Currently the House spends $97.1 billion, while the Senate is at $95 billion. Both chambers are proposing putting aside $5 billion for reserves. Although, COVID has taken a toll on budget revenues over the last year, actual revenues have been consistently higher than the predicted forecasts and the latest windfall of $10 billion federal dollars, has put the state in a good position financially. State economists will meet next week to provide budget writers the latest revenue estimates which will be used to craft the final budget.

Bill Action Update

Transportation
HB 605 Bicycle and Pedestrian Safety addresses issues relating to bicycle and pedestrian safety. In summary, the bill:

Defines the terms “bicycle lane” and “separated bicycle lane.”
Provides requirements for a vehicle overtaking a bicycle or other nonmotorized vehicle, an electric bicycle, or a pedestrian occupying the same travel lane.
Requires the Department of Highway Safety and Motor Vehicles (DHSMV) to annually provide an awareness and safety campaign regarding vehicles overtaking a bicycle, other nonmotorized vehicle, an electric bicycle, or a pedestrian.
Provides that no-passing zones do not apply to drivers who safely and briefly drive to the left of center of the roadway to overtake a bicycle, other nonmotorized vehicle, an electric bicycle, or a pedestrian.
Requires a vehicle making a right turn while overtaking and passing a bicycle proceeding in the same direction, to do so only if the bicycle is at least 20 feet from the intersection. Provides guidelines for riding a bicycle in a substandard-width lane and authorizes riders to ride two abreast if certain conditions exit.
Authorizes bicyclists riding in groups, after coming to a full stop, to go through an intersection in groups of 10 or fewer.
Requires at least 25 questions in the test bank for the driver license test to address bicycle and pedestrian safety.

HB 605 passed the House Infrastructure & Tourism Appropriations Subcommittee and has one more committee reference remaining.

HB 1049 Use of Drones by a Government Agency expands the exceptions to the prohibition on drone surveillance to permit the use of a drone:

To provide a law enforcement agency with an aerial perspective of a crowd of 50 people or more, but only if: The law enforcement agency establishes policies and procedures, including guidelines:
For the agency’s use of a drone;
For the proper storage, retention, and release of images or video captured by the drone; and
Addressing the personal safety and constitutional protections of the people being observed.
To assist a law enforcement agency with traffic management, except that a drone may not be used to issue a traffic infraction citation based on images or video captured by the drone.
To facilitate a law enforcement agency’s collection of evidence at a crime scene or traffic crash scene.
By a state agency or political subdivision: To assess damage due to a flood, wildfire, or natural disaster; or for vegetation or wildlife management on publicly owned land or water.
By certified fire department personnel to perform tasks within the scope and practice of their certification.

The bill also requires any governmental agency authorized to use a drone to take specified protective measures to secure the data collected by the drone and to ensure that any information gathered in the operation and management of the drone, including all associated software, hardware, and data, remains within the borders of the United States. HB 1049 passed the House State Affairs Committee with two more stops remaining.

HB 1113 Traffic and Pedestrian Safety requires a traffic engineering study conducted by a Florida licensed professional engineer prior to installing a new mid-block crosswalk (MBC). MBCs installed on public roads must conform to certain provisions of the latest Manual on Uniform Traffic Control Devices (MUTCD) and other applicable DOT standards, manuals, and specifications, and must include a pedestrian-facing sign containing language stating duties applicable to a pedestrian.

The bill requires, by October 1, 2024, that the entity with jurisdiction over a public highway, street, or road with a MBC must ensure that such crosswalk is controlled by the required coordinated traffic control signal devices and pedestrian control signals. Alternatively, the entity may remove the crosswalk.

Additionally, by October 1, 2022, the bill requires DOT to seek approval from the federal government to allow the use of red RRFB (in place of yellow RRFBs. If approved, all entities with jurisdiction over MBCs must replace existing yellow RRFBs (rectangular rapid flash beacon) with red RRFBs within 12 months of federal authorization. If the request is denied, all entities with jurisdiction over MBCs must remove all yellow RRFBs or retrofit MBCs with legally acceptable equipment as required in the bill. HB 1113 passed the House Infrastructure & Tourism Appropriations Subcommittee and has one more committee reference remaining.

HB 1289 Autonomous Vehicles defines the term “low-speed autonomous delivery vehicle” as a fully autonomous vehicle that meets the current federal definition. The bill authorizes such vehicles to operate only on streets or roads where the posted speed limit is 35 miles per hour or less but are not prohibited from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. A low-speed autonomous delivery vehicle may operate on a street or road with a posted speed limit of more than 35 miles per hour, but no more than 45 miles per hour, under certain conditions.

The bill sets out equipment requirements for such vehicles and provides that the new provisions are superseded by any conflicting federal regulations. The bill was amended establishing insurance coverage requirements for such vehicles and a provision was also amended on to require seatbelts if vehicles carry human drivers or passengers. HB 1289 passed the House Tourism, Infrastructure & Energy Subcommittee and has one more committee stop.

SB 2502 Implementing the 2021-2022 General Appropriations Act provides the statutory authority necessary to implement and execute the General Appropriation Act for Fiscal Year 2021-2022. Statutory changes are temporary and expire on July 1, 2022. The bill was amended this week to include a one year waiver of local participation match dollars for eligible public transit operating costs. This provision will assist local transit agencies in drawing down federal dollars without a local match due to the financial hardships incurred because of the pandemic. SB 2502 passed Senate Appropriations and is available for floor action.

Higher Education
HB 5601 Higher Education conforms applicable statutes to the appropriations provided in the House proposed General Appropriations Act for fiscal year 2021-22. The bill:

Specifies that all funds appropriated for Preeminent State Research Universities must be distributed equally;
Eliminates the State University Professional and Graduate Degree Excellence Program; · Provides minimum performance standards for institutions to be eligible to participate in the Effective Access to Student Education tuition assistance program;
Eliminates the Access to Better Learning and Education tuition assistance program; Expands the existing faculty salary cap from state university administrative employees to include all university faculty, excluding those in specified high-demand fields; and
Creates the Florida Integrated Library System to provide funding for critical library services, a distance learning catalog, and transient student applications.

HB 5601 Higher Education Appropriations Subcommittee passed the House and is available for floor action.

SB 7070 Impact of COVID-19 on Educational Institutions creates liability protections for educational institutions for actions related to the COVID19 pandemic and creates accountability and prekindergarten provisions in recognition of the public health emergency caused by COVID-19. Specifically, the bill:

Creates specified liability protections for an educational institution that has taken reasonably necessary actions to diminish the impact or the spread of COVID-19 and provides immunity from any civil damages, equitable relief, or other remedies relating to such actions.
Establishes that these liability protections apply retroactively to causes of actions accruing on or after the date of the declaration of the COVID-19 public health emergency by the State Surgeon General, and must apply prospectively to causes of action that accrue before the end of the academic term during which the emergency declaration expires or is terminated.
Creates waivers from accountability requirements relating to the use of school grades, school improvement ratings, and student performance results from the statewide, standardized assessments for the 2020-2021 school year.
Authorizes a parent or guardian to request that his or her grade three public school student be retained.
Waives the provision that requires a summer prekindergarten program delivered by a public school or private prekindergarten provider to consist of at least 300 hours and waives the school readiness program requirement that no more than 22 percent of funds provided to an early learning coalition to implement its approved school readiness program to be used for administrative costs, quality activities, and non-direct services.
Authorizes a parent or guardian to submit a written request to retain his or her K-5 student, for academic reasons, for the 2021-2022 school year in the grade level to which the student was assigned at the beginning of the 2020-2021 school year.
Provides an additional year of probationary status for an approved nursing program that has not achieved the required passage rate on the national nursing licensing examination in the 2020 calendar year. The Board of Nursing must grant that extension at a regularly scheduled meeting in 2021.

SB 7070 was voted favorably by the Senate Education Committee.

Regulatory
HB 833 Unlawful Use of DNA creates the “Protecting DNA Privacy Act.” The bill changes the level of consent currently required for a lawful analysis of a person’s DNA and disclosure of the results of such analysis by requiring his or her express consent, which means authorization from a person or his or legal guardian or representative, evidenced by an affirmative act demonstrating his or her intentional decision, after receiving a clear and prominent disclosure regarding the specified purpose for the collection, use, retention, maintenance, or disclosure of the DNA sample or analysis thereof. The bill also requires express consent for collecting, retaining, or submitting for analysis another person’s DNA. HB 833 passed the full House 114-0.

SB 1760 Personal Protective Equipment requires the Division of Emergency Management to ensure that doctors, nurses, and other health care practitioners will be able to purchase personal protective equipment in the event of a declared emergency caused by an infectious or communicable disease. Examples of personal protective equipment include respirators, gloves, gowns, and masks. In order to ensure the availability of these items, the division must complete an inventory of the personal protective equipment “held in reserve.” In light of this inventory, the division must procure additional equipment or arrange by contract for it to be sold to health care workers in the event of a health emergency. The equipment must be available for purchase by the health care practitioners or their employers at the cost for which it was procured, and the equipment may not be resold at a higher price. SB 1760 passed the Senate Governmental Oversight and Accountability Committee and has one reference remaining.

Taxes
HB 15 Taxation requires marketplace providers and out-of-state retailers with no physical presence in Florida to collect Florida’s sales tax on sales of taxable items delivered to purchasers in Florida if the marketplace provider or out-of-state retailer makes a substantial number of sales into Florida. A substantial number of remote sales means conducting any number of taxable retail sales in an amount exceeding $100,000 during the previous calendar year. The bill makes conforming changes to ensure consistent administration of the new provisions.

The bill also requires marketplace providers to collect and remit three fees related to the sales tax (the waste tire fee, lead-acid battery fee, and E911 prepaid wireless fee), beginning April 1, 2022, and provides a safe harbor for businesses who failed to collect the sales tax prior to July 1, 2021, as long as they register with the Department of Revenue prior to October 1, 2021.

The bill removes the requirement that dealers use a bracket system to calculate the applicable sales tax on transactions, and replaces it with a rounding system.

The Revenue Estimating Conference (REC) estimated that the sales tax collection provisions of the bill will have a positive revenue impact in FY 2021-22 totaling $1,203.4 million ($1,337.0 million recurring) of which $973.6 million ($1,079.7 million recurring) is on General Revenue, $0.3 million ($3.6 million recurring) is on state trust fund revenues, and $229.5 million ($253.7 million recurring) is on local government revenues. HB 15 passed the House Commerce Committee and is now available for floor action.

*Summaries provided by House and Senate bill analyses