Following up with our Federal Government Relations (GR) Team’s analysis of the federal stimulus bill passed last week, our firm will be hosting a webinar, Federal and State Analysis of the American Rescue Plan Act of 2021, at 11 AM-12 PM EST on Monday, March 22nd. Our Federal Team and Pennsylvania and Florida GR Teams will discuss the funding components of the bill, breaking down each section of the legislation and what that means at the national level and in Pennsylvania and Florida specifically.


Bill Action Update


Transportation
SB 44 Drones expands the possibilities for drone use by law enforcement agencies, fire departments, state agencies, and political subdivisions. The bill creates additional exceptions for law enforcement agency drone use found in s. 934.50(4), F.S. The new exceptions allow law enforcement agencies to use drones to:

  • Gain an aerial perspective of a crowd of 50 or more persons;
  • Assist with traffic management, except that the agency may not issue a traffic infraction based on images or video captured by a drone; and
  • Facilitate evidence collection at a crime scene or traffic crash scene.

The bill authorizes state agencies and political subdivisions to use drones for damage assessment due to a flood, wildfire, or natural disaster, or for vegetation and wildlife management purposes on publicly owned land or water. The bill also allows certified fire department personnel to use drones to perform tasks within the scope and practice authorized under their certification.

SB 44 requires policies and procedures, that include certain guidelines, for law enforcement agencies that use a drone to gain an aerial perspective of a crowd of 50 or more people. The guidelines must address the storage, retention, and release of images or video captured by the drone. The guidelines must also address the personal safety and constitutional protections of the persons being observed. The agency head must provide written authorization for the use of a drone in this manner. SB 44 passed the Senate by a 39-0 vote and has been sent to the House for consideration.

SB 676 Specialty License Plates creates 12 new specialty license plates, including the following:

  • Florida State Parks
  • Support Healthcare Heroes
  • Inter Miami CF
  • Toastmasters
  • Gopher Tortoise
  • Orlando United
  • Biscayne Bay
  • Margaritaville
  • Protect Marine Wildlife
  • Disease Prevention and Early Detection
  • Honor Flight
  • Ethical Ecotourism

The bill also creates one new special military plate for recipients of the Army of Occupation Award, amends three existing specialty license plates (Florida Indian River Lagoon, Wildlife Foundation of Florida and Divine Nine) and revises requirements for the issuance of certain special license plates. SB 676 passed Senate Transportation and has two committees remaining.

HB 1113 Traffic and Pedestrian Safety requires a traffic engineering 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 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 Tourism, Infrastructure & Energy Subcommittee and has two more stops remaining.

Higher Education
SB 86 Student Financial Aid modifies provisions relating to postsecondary financial aid programs, and establishes new financial aid programs for Pell Grant eligible students and students without a high school diploma. Specifically, the bill:

  • Requires the Board of Governors (BOG) office to create an online dashboard of data regarding state university graduates, which must include post-graduation salary; student loan debt; debt-to-income ratio; estimated loan payment as a percentage of income; and percentage of graduates who have continued their education.
  • Requires each state university board of trustees to adopt procedures to connect undergraduate students to career planning, coaching, and related programs during the first academic year of the student’s enrollment.
  • Modifies general eligibility for state financial aid by: o Requiring the BOG, State Board of Education (SBE), and the Independent Colleges and Universities of Florida (ICUF) to each identify and publish a list of career certificate, undergraduate, and graduate degree programs that do not lead directly to employment.
  • Establishes the Florida Bright Opportunities Grant Program for Pell Grant-eligible students with a tuition and registration fee balance at a Florida College System (FCS) institution or career center after application of all federal gift aid and state financial assistance. 

Modifies the Florida Bright Futures Scholarship Program by:

  • Changing the Florida Academic Scholars (FAS) and Florida Medallion Scholars (FMS) awards to an amount specified in the General Appropriations Act (GAA).
  • Specifying that beginning in the 2022-2023 academic year, the number of credit hours funded under a Bright Futures award is reduced by the number of credit hours earned through articulated acceleration mechanisms which are accepted by the postsecondary educational institution
  • Creating additional alternative eligibility options for FAS and FMS awards for students who earn an associate degree through dual enrollment or who earn an Advanced Placement Capstone Diploma.
  • Specifying that, beginning in the 2022-2023 academic year, the authorization to use the unused portion of a FAS or FMS for graduate study must be for a program not on the approved list by the BOG, SBE, or ICUF.

The bill also:

  • Specifies that the 2021-2022 academic year is the final year of initial eligibility for nonresident students to qualify for the Benacquisto Scholarship Program, and modifies the award to as specified in the GAA.
  • Establishes the Florida Endeavor Scholarship Program for students without a high school diploma or equivalent who are enrolled at a career center or FCS institution.
  • Clarifies that postsecondary tuition and fee exemptions apply to a student who is currently in the custody of the Department of Children and Families or a specified relative or nonrelative, or who was at the time he or she reached 18 years of age

SB 86 passed the Senate Education Committee and has two more stops.

HB 1423 Florida Private Student Assistance Grant Program authorizes the following postsecondary institutions to participate in the Florida Postsecondary Student Assistance Grant Program (FSAG Postsecondary):

  • A competency-based nonprofit virtual postsecondary institution that is accredited by a member of the Council of Regional Accrediting Commissions and is created by the governors of several states, has established and continually maintains a location of operation in Florida, and maintains a governing body or advisory board in Florida at least 1 year before the institution’s students are eligible to receive a FSAG Postsecondary grant; or
  • An aviation maintenance school which is located in Florida, certified by the Federal Aviation Administration, and licensed by the Commission for Independent Education.

The bill authorizes a full-time degree seeking student who is accepted at the competency-based nonprofit virtual postsecondary institution or a full-time certificate seeking student accepted at the aviation maintenance school to be eligible to receive an FSAG Postsecondary grant.

The bill authorizes a full-time certificate seeking student to be eligible for a FSAG Postsecondary award for up to 110 percent of the number of clock hours required to complete the program in which the student is enrolled. HB 1423 passed the House Post-Secondary Education & Lifelong Learning Subcommittee and has two more stops remaining. The Senate companion, SB 1484 was amended and passed out of the Senate Appropriations Subcommittee on Education. The bills were both amended to fund the grant from the for-profit pot of money.

Regulatory
SB 566 Motor Vehicle Insurance establishes insurance and operational requirements for peer-to-peer car-sharing programs (programs). Under the bill, peer-to-peer car-sharing is the authorized use of a motor vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program that connects motor vehicle owners with drivers for financial consideration.

The bill applies to peer-to-peer car-sharing programs the 6 percent tax, and the $2 per day surcharge that currently apply to the lease or rental of motor vehicles.

The bill requires that the program ensure that during the car-sharing period, the shared vehicle owner (owner) and shared vehicle driver (driver) are insured to at least the minimum statutory requirements for property damage liability, bodily injury liability, personal injury protection, and uninsured motorists coverage. The program must assume liability for damages that may occur during the car-sharing period in amounts that may not be less than the minimum statutory coverage requirements for BI, PD, PIP, and UM, with exceptions. SB 566 passed Senate Banking and Insurance with two references remaining.

SB 982 Tax Refund Program for Qualified Target Industry Businesses reauthorizes the Qualified Target Industry Tax Refund Program by repealing the June 30, 2020, deadline for applicants to be certified for the program. The Revenue Estimating Conference determined that the bill does not affect state or local revenues because the Qualified Target Industry Tax Refund Program is funded by annual appropriations.
SB 982 passed the Senate Finance and Tax Committee and has one more stop.

SB 1208 Resiliency Energy Environment Florida (REEF) Program substantially amends the Property Assessed Clean Energy program, which allows property owners to make qualifying improvements to real property and finance the cost through annual non-ad valorem tax assessments. Qualifying improvements are those that enhance energy efficiency, renewable energy, and wind resistance.

The bill names the program the Resiliency Energy Environment Florida program and expands qualifying improvements to include wastewater treatment, flood and water damage mitigation, health and environmental hazards mitigation, and water conservation and efficiency projects.

The bill allows governmental leased property to qualify for the program. The bill also enhances protections for consumers entering into PACE contracts. SB 1208 passed the Senate Finance and Tax Committee and has one more stop.

HB 7013 Technology Transparency prohibits social media platforms from deplatforming statewide candidates and allows the Florida Elections Commission to fine a social media platform $100,000 per day for deplatforming statewide candidates, and $10,000 per day for all other candidates. In addition, if a social media platform provides free advertisements for a candidate, it is an in-kind contribution and the candidate must be notified. 

The bill provides that a social media platform must:

  • publish standards used for determining how to censor, deplatform, and shadow ban users, and apply such standards in a consistent manner.
  • inform each user about any changes to its user rules, terms, and agreements before implementing the changes and may not make changes more than once every 30 days.
  • notify the user within 30 days of censoring or deplatforming.
  • provide a user with information relating to the number of other individuals who were provided or shown the user’s content or posts upon request by the user.
  • provide users with an opt out of post-prioritization and shadow banning algorithms to allow sequential or chronological posts and content.
  • ensure that candidates for office in Florida are not deplatformed and that their posts are not shadow banned.
  • ensure that journalistic enterprises are not censored, deplatformed, or shadow banned.

A social media platform that fails to comply with these requirements may be found in violation of the Florida Deceptive and Unfair Trade Practices Act by the Department of Legal Affairs (DLA). In addition, a user may bring a private cause of action against a social media platform for failing to consistently apply certain standards and for censoring or deplatforming without proper notice.

If a social media platform has been convicted of or has been held civilly liable for state or federal antitrust violations, such platform, or an affiliate of such, may be placed on the Antitrust Violator Vendor List by the Department of Management Services (DMS) and is then prohibited from contracting with public entities. In certain circumstances, DLA may place a social media platform on such list temporarily.

The bill allows the Department of Legal Affairs to bring an action against, and collect civil penalties from, a business who violates these requirements. Consumers whose personal information is the subject of a data breach may also bring a cause of action against the business in certain limited circumstances. HB 7013 passed the House Appropriations Committee meeting and has one more stop.

COVID -19 Liability Update
The Senate sponsor of both SB 72, Civil Liability for Damages Relating to COVID-19 and SB 74, COVID-19-related Claims Against Health Care Providers combined the two bills into one (SB 72). SB 72 now includes both the business and healthcare liability protections. SB 72 passed the Senate by a 24-15 vote and has been sent to the House for consideration. 

*Summaries provided by House and Senate bill analyses