Third Week of the 2024 Legislative Session 


Welcome to week 3 of the 2024 legislative session! The Countdown Clock reads 42 days until Sine Die. Bills will be heard and amended every day—stay on top of county priorities with this weekly legislative bulletin, or with our comprehensive Bill Tracker

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Term Limits Headed to its Last Committee Stop in the House  

On Wednesday afternoon, the House Ethics, Elections & Open Government Subcommittee passed (9-6) CS/HB 57 by Rep. Salzman. This bill establishes term limits for county commissioners who will have served for 12 consecutive years in office. This section applies to both charter and non-charter counties but does not supersede more restrictive term limits set by a county charter. Service of a commissioner before November 8, 2022, will not be counted towards these limitations. 

 

FAC staff Bob McKee, along with County Commissioners Terry Burroughs (Okeechobee County), Ralph Thomas (Wakulla), René Flowers (Pinellas), Matt Brooks (Levy), Larry Harvey (Putnam), and Rocky Ford (Columbia) testified against the bill. The testimony centered on term limits as a local choice that should be left to the voters in each community to decide. Each County has an opportunity to become a charter County by referendum, and once becoming a charter County, those living within that jurisdiction can decide if term limits are the right fit for them.  

 

The Senate Companion SB 438 by Sen. Ingoglia is waiting to be heard in its last committee stop. 

Protect Local Decision Making

Community & Urban Affairs

Local Preferences Preemption Passes Second Committee Stop 

On Monday, the Senate Community Affairs Committee passed (6-2) CS/SB 742 by Sen. Grall.  


Under current law, a “public works project” includes construction projects funded in part or whole by state-appropriated funds. The bill revises the definition to also include projects paid for with local funding.  


Current law also preempts certain “local preferences” within the procurement phase of a public works project. This includes consideration of geographic location, wage rates, benefits, staffing levels, and recruiting or hiring from preferred sources. 

 

The bill would expand these preempted activities to projects involving local funds—however, a local government may still practice geographic preferences if it is the sole funding source of the project. Note: The House language does not carve out geographic preferences within sole-source funded projects.  


The committee adopted two amendments which provide the following: 



  • Excludes goods, services, or work that is incidental to the public works project.  The amended language set forth a non-exhaustive list of such incidental service items. 
  • Replaces “political subdivision” with “county or municipality” in the context of geographic preferences. 

  

The House version CS/HB 705 by Rep. Shoaf passed its first committee and is now in State Affairs. 

Occupational Licensing Passes First Stop in Senate  

On Monday afternoon, the Senate Regulated Industries Committee passed SB 1142 - Occupational Licensing by Sen. Hooper. This bill directs the Construction Industry Licensing Board to provide a registration program for specialty contractors who were registered with a local jurisdiction during calendar years 2021, 2022, or 2023, when the local jurisdiction has since determined not to issue local licenses. 

 

To be eligible for registration under these circumstances, an applicant must provide:  


  • Evidence of the prior local registration during 2021, 2022, or 2023;  
  • Evidence that the local jurisdiction does not require a license for the category of work for which the applicant was issued a certification of registration or local license during 2021, 2022, or 2023, which may include a notification on the website of the local jurisdiction or an email or letter from the local building department; 
  • The required application fee; and  
  • Compliance with the insurance and financial responsibility requirements for contractors under current law.  



The House companion HB 1579 by Rep. Mooney has yet to be put on an agenda.  

Expedited Approval of Residential Building Permits Passes Unanimously 

The Senate Committee on Community Affairs unanimously passed CS/SB 812 by Sen. Ingoglia Monday afternoon.  

 

This bill requires governing bodies of counties that have 75,000 residents or more and a municipality of 35,000 residents or more to create a program to expedite the issuance of building permits.  This program must be a two-step process that includes the approval of a preliminary plat by a governing body and the approval of a final plat consistent with a master building permit plan. Once the preliminary plat is approved, this bill will require local governments to issue 50% of these permits. This process must be in place by October 1, 2024, and municipalities with existing programs must update their program to issue 50% of building permits within their program. By December 31, 2027, the 50% issuance of permits will increase to 75%.  

 

An applicant must indemnify and hold harmless a governing body and its agents from liability and damages accruing and directly related to the issuance of a building permit for a structure located in planned communities. This bill also provides vested rights to an applicant upon approval of a preliminary plat if the applicant incurs obligations and expenses, commences construction, and continues in good faith with the development of the property.  

 

The House companion CS/HB 665 by Rep. McClain is waiting to be placed on the agenda for the Local Administration, Federal Affairs & Special Districts Subcommittee, which will be its second committee stop.

Development Permit Reform Moving in Both Chambers

This week, both the House and Senate versions of Development Permit Orders were passed in their respective committees. Senator Perry’s SB 1150 passed (7-1) in Senate Community Affairs. Meanwhile, the House Version, HB 791 by Rep. Esposito and Rep. Overdorf passed the Local Administration, Federal Affairs & Special Districts Subcommittee unanimously.  

 

This bill requires counties to specify the minimum information that must be submitted in an application for zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. Counties must make this information available for inspection and copying at the location where they receive applications for development permits and orders, along with applicants at the pre-application meeting or posted on the website. This bill also clarifies the 120 / 180-day timeframes for final action in non-quasi-jurisdictional and quasi-jurisdictional applications. This bill also requires counties to reduce fees if specific timelines are not met when issuing developmental permits and orders.

Land Use Reform Passes First House Committee  

CS/HB 1177 by Rep. Duggan passed (13-1) through its first committee, the Local Administration, Federal Affairs & Special Districts Subcommittee, on Thursday. This bill amends the scope of the Community Planning Act to provide that counties and municipalities have the power and responsibility to evaluate transportation impacts, apply concurrency, or assess fees related to transportation improvements. In addition, notwithstanding any other general law, counties and municipalities have the exclusive power and responsibility to exercise the activities specified to each under the act. 

 

The bill provides that, notwithstanding any provision in a development order, agreement, local comprehensive plan, or LDR, a local government that continues to implement a transportation concurrency system must credit the fair market value of any land dedicated to a “government entity” for transportation facilities against the total proportionate share payment computed relating to concurrency. The bill also removes the authority of a local government to cumulatively analyze trips from a previous stage or phase of development that did not result in impacts for which mitigation was required or provided when determining if an impact requires mitigation for the subsequent stage or phase of development. 

 

The bill repeals the exception for water and sewer connection fees in the impact fee statute. Therefore, such connection fees would have to comply with the requirements of the statute as other impact fees. The bill modifies the exception when credits toward a developer’s payment of impact fees, mobility fees or other development exaction must be maintained when an amendment is made to a development order of an approved DRI to apply: 

  • Internal, private facilities required by local regulation; or 
  • Any offsite facilities necessary to provide safe and adequate services solely to the development and not the general public. 

 

A proposed change to an approved DRI that reduces the originally approved height, density, or intensity of the development or that changes only the location or acreage of uses and infrastructure or exchanges permitted uses must be administratively approved and is not subject to review by the local government. The bill further requires that a local government’s review of a proposed change to a previously approved DRI and any development order required to construct the development within the DRI must abide by any prior agreements and actions vesting the laws and policies governing the development. Additionally, deletes the requirement that a new condition in an amendment to a development order approving the application for a proposed change to the DRI must be consistent with the local government’s comprehensive plan or LDRs. 

 

The bill requires that any proposed change to a previously approved DRI showing a multimodal pathway suitable for bicycles, pedestrians, and low-speed vehicles along an internal roadway be approved by the local government if the ROW remains sufficient for the ultimate number of lanes of the internal roadway. 

 

The companion bill SB 1110 by Sen. DiCeglie has not yet been put on an agenda.   

Growth Management Bill Passes First House Committee 

The Local Administration, Federal Affairs & Special Districts Subcommittee passed (12-5) CS/HB 1221 by Rep. McClain. 


This bill: 



  • Revises definitions within the Community Planning Act;  
  • Provides requirements for self-storage facility expansions;  
  • Establishes criteria for approval of infill residential developments;  
  • Revises data sources used in consideration of the comprehensive plan and plan amendments;  
  • Requires land development regulations adopted by a local government to establish minimum lot sizes consistent with the maximum density authorized by the comprehensive plan and to provide standards for infill residential development;  
  • Prohibits optional elements of a comprehensive plan from restricting the density or intensity established in the future land use element;  
  • Revises criteria to include in the future land use element to; and  
  • Revises the procedure for the adoption of small-scale comprehensive plan amendments.  

 

Its Senate companion SB 1184 by Sen. Ingoglia has not yet been placed on an agenda. 

FAC staff Jeff Scala

Finance, Tax & Administration

Amendment in Senate Committee Walks Back Prevailing Wage Preemption 

On Tuesday, the Senate Commerce and Tourism Committee passed CS/SB 1492 by Sen. Trumbull. The bill originally preempted local governments from seeking to control or affect the wages and benefits of potential vendors within the local procurement process; however, this was removed in the latest committee substitute language.  

 

This remaining language preempts local governments from enforcing workplace heat exposure regulations. This includes requirements of employee monitoring and protection, water consumption, cooling measures, acclimatization and recovery periods or practices, and posting materials relating to heat exposure, which inform employees how to protect themselves from such exposures. Employers must provide proper training programs for heat exposure and first–aid or emergency response due to heat exposure.  

 

The House version, CS/HB 433, by Rep. Esposito remains in its second committee stop. The House language still contains the preemption on prevailing wages and benefits, as well as an additional preemption of the “terms and conditions” of employment. 

Senate Committee Approves PACE Program Guardrails and Expansion 

CS/SB 770Improvements to Real Property by Sen. Martin was heard in the Senate Community Affairs Committee on Monday, and passed unanimously.  

 

The bill addresses a number of concerns with the Property Assessed Clean Energy, or PACE, program. The program allows residential and commercial property owners to finance eligible improvements, including energy efficiency and wind resistance projects, through assessments on their annual tax bill. 

 

FAC supported the addition of language clarifying that a program administrator may only offer residential financing within the jurisdiction of a county or municipality that has authorized the program by ordinance or resolution. The bill’s House companion, HB 927, separately addresses this concern, limiting a PACE operation to within the jurisdictional boundaries of an interlocal agreement.  

 

The bill also expands the eligible uses of the program to include advanced wastewater treatment and flood mitigation, but eliminates solar energy as an eligible use. Lastly, the bill tightens the consumer protections surrounding the program, including additional disclosure requirements and greater financial scrutiny on the property owner’s ability to repay.  

 

The House companion, HB 927 by Rep. Trabulsy, will be heard for the first time next week in Energy, Communications & Cybersecurity Subcommittee.  

Bill Requiring Millage Supermajority Advances in Both Chambers 

On Monday, we heard HB 1195, a bill sponsored by Rep. Garrison in the House Ways and Means Committee. This bill requires a two-thirds vote of the governing body of a county, municipality, or independent special district in order to pass any millage rate increase, except where a higher vote threshold is already required under current law. 


There was an amendment to the bill by Rep. Garrison further that clarifies that this bill does not lessen any existing supermajority requirements in current law related to the adoption of a millage rate in excess of 110% of the roll back rate.  


The amended bill passed (15-7) and moves on to its next stop, the House Local Admin., Federal Affairs & Special districts Subcommittee. 



This bill has a companion bill, which was heard and passed favorably in the Senate Community Affairs committee. 

Homestead Indexing Measure Clears House Committee  

On Tuesday, January 23rd the House State Affairs committee gathered and discussed a bundle of homestead exemption bills both CS/HJR/HB 7017 and CS/HB 7019. FAC staff Bob McKee was present to testify against HB 7017 mentioning how the association cannot support a tax shift onto businesses, renters and second homeowners for the expense of given tax exemptions to homesteaders who already experience ad valorem relief through the existing save our homes mechanism. HB 7017 went on to be supported favorably. 


HB 7019 was heard as mentioned, this bill serves as the implementing bill for HB 7017. The committee adopted an amendment to go along with this bill that accomplishes three changes: 


  • It makes conforming changes consistent with the amendment to HB 7017 
  • It adds provisions to provide annual appropriations to offset revenue losses to fiscally constrained counties. 
  • Provides emergency rulemaking authority to the Department of Revenue to implement the provisions in the act. 



The fiscal impact is estimated to be 22.8 million by FY25-26, growing to approximately 111 million by FY28-29. HB 7017 was supported favorably, but now both HB 7017 and HB 7019 had been placed on special order where it will wait for further action. 

FAC Staff Bob Mckee

Beyond Boundaries: Inside the Overhaul of Special Districts with HB 7013 

On Tuesday January 23rd the House State Affairs committee weighed in on CS/CS/HB 7013, special districts. This current language of this bill focuses on revising provisions related to special districts, introducing measures such as a 12-year term limit for elected members, restrictions on changing boundaries, and additional criteria for declaring a special district inactive. It emphasizes the adoption of goals, objectives, and performance measures for special districts, while repealing provisions allowing conversion to a municipality without legislative approval. The bill also addresses specific requirements for community development districts, independent special fire control districts, mosquito control districts, and safe neighborhood improvement districts. 


Rep. Persons-Mulicka filed an amendment to this bill, which went onto being adopted, does the following: 


  • Requires special districts to publish their annual report on their website by December 1st of each year. 
  • Requires each petition to create a community development district to attest that most of the acreage within the district will be used for residential development. 
  • Makes a conforming change by repealing a provision that would allow a community development district to convert into a municipality without legislative approval. 



This bill was supported favorably as amended in the House State Affair Committees and moved onto be placed on special order. 

Public Records Exemption for County and City Attorneys Moving in the House  

CS/HB 103 by Rep. Arrington passed the Ethics, Elections & Open Government Subcommittee on Wednesday unanimously. This bill provides a public records exemption for the personal identifying and location information of current and former county attorneys, assistant county attorneys, deputy county attorneys, city attorneys, assistant city attorneys, deputy city attorneys, and the spouses and children of such.  



The Senate companion, SB 712 by Sen. Powell will be heard in its final committee stop, Senate Rules, next week.

House Committee Passes Public Sleeping Ban  

HB 1365 by Rep. Garrison passed its first committee stop today in Local Administration, Federal Affairs & Special Districts.  

 

The bill prohibits counties and municipalities from authorizing or permitting public sleeping or camping on public property, public buildings, or public rights-of-way without a lawfully issued temporary permit. Provides that counties and municipalities may, at their discretion, designate certain property owned by the county or municipality for public sleeping or public camping if the following conditions are met, as determined by the Department of Children and Families:  



  • Minimum sanitation levels, which include, but are not limited to, access to clean and operable restrooms and running water.  
  • Security is present on the site at all times.  
  • Access to behavioral health services, including, but not limited to, substance abuse and mental health treatment resources, is provided.  
  • Drugs and alcohol are prohibited within the designated area, and  
  • The designated area may not be in a location where it adversely and materially affects the value or security of existing residential or commercial properties.  

 

The bill also provides that a person or business may bring a civil action in any court of competent jurisdiction against any county or municipality to enjoin a violation of the provisions of the bill. If the civil action is successful, a person or business may recover reasonable expenses, including court costs, reasonable attorney fees, investigative costs, witness fees, and deposition costs.  

 

The Senate version SB 1530 by Sen. Martin will be heard on January 29th in the Community Affairs Committee.  

Government Accountability Effort Passes the House Unanimously   

CS/HB 735 Government Accountability by Rep. Andrade passed its first committee stop Local Administration, Federal Affairs & Special Districts unanimously. This bill states that public officers, state agency employees, local government attorneys, and candidates for office are prohibited from soliciting or accepting anything of value, including a gift, loan, reward, promise of future employment, favor, or service, based upon an understanding that their vote, official action, or judgment would be influenced.  


State agencies and political subdivisions must report any grant or gift over $50,000 from any foreign source and are prohibited from receiving grants from a country that has been designated as a “foreign country of concern” or any entity controlled by such a country.  


The committee adopted the PCS version of the bill, which added:  


  • Prohibits public officers, state agency employees, local government attorneys, and candidates for office from soliciting or accepting anything of value from a foreign country of concern. 
  • Establishes requirements for lobbying counties, municipalities, and special districts that mirror requirements for lobbying the executive branch and  
  • Prohibits counties, municipalities, and school districts from renewing or extending the employment contracts of certain senior employees during the eight-month period preceding a general election unless the renewal or extension is approved by a unanimous vote of the governing board.  

 

Its Senate companion, SB 734 by Sen. Ingoglia, will be heard on January 29th in the Community Affairs Committee.  

“Continuing Contract” Revision Makes Last Stop on the House Side 

On Thursday, the House Committee on State Administration and Technological Appropriations Subcommittee unanimously passed CS/HB 149 by Rep. Alvarez, revising the threshold for continuing contracts.  

 

Specifically, the bill increases the maximum limit for continuing contracts covered by the Consultants’ Competitive Negotiation Act (CCNA) from an estimated per project construction cost of $4 million to $7.5 million. The bill also provides for an annual increase based on the Consumer Price Index (CPI) beginning in 2026.  

 

The Senate companion, SB 656 is set to be heard in the Governmental Oversight and Accountability House Committee on Monday. 

Agriculture & Rural Affairs

Housing for Agricultural Workers Moves in Both Chambers 

This week saw a pair of bills addressing housing for agricultural workers move in their respective committees. Sen. Collins’ SB 1082 passed the Senate Agriculture Committee on Tuesday, while Rep. Tuck’s CS/HB 1051 passed the House Agriculture, Conservation, and Resiliency Subcommittee on Wednesday. Both passed unanimously.  


The bill precludes a government entity from restricting the construction or installation of housing for agricultural workers on land classified as agricultural. Local governments are, however, authorized to require the following of a housing site:  


  • Meets all federal, state, and local building standards, including Department of Health (DOH) migrant farmworker living standards 
  • Must be maintained in a neat, orderly, and safe manner;   
  • May not exceed the lesser of 1.5 percent of the property’s area or 35,000 square feet 
  • 50-foot setbacks on all sides  
  • May not be located less than 250 feet from a property zoned for residential use;  
  • Provide screening consisting of tree, wall, berm or fence coverage at least six feet in height, if the structure is within 500 feet of a residential-zoned parcel 
  • Cover access drives with dust-free material such as packed shell or gravel. 

 

Such housing structures constructed prior to July 1, 2024 are not required to meet these requirements, unless the structure is altered or expanded. Housing structures are to be removed if agricultural operations cease for 365 days (following a 180 day notice period by the local government to resume operations) or if the DOH housing permit is revoked.  

 

Both bills are retreads from the prior session, though the current versions have stricter requirements of a housing site than the previous year’s language.

Senate Committee Approves Rural Hospital Support 

On Tuesday, the Senate Health Policy Committee unanimously approved Sen. Simon’s rural hospital bill, SB 644. This effort represents a response to the closure of several rural hospitals across the state, due to lower service volume and reimbursement rates.  

 

The bill designates “rural emergency hospitals” (REH) as a new classification of hospital license, potentially eligible for federal reimbursement and Medicare facility payments. A rural emergency hospital is expected to meet the following criteria: 

  • Certified as an REH by the Department of Health and Human Services  
  • Does not provide inpatient services, with the exception of a distinctly licensed skilled nursing unit to furnish post-hospital extended care services  
  • Has a transfer agreement in place with a Level I or II trauma center 
  • An emergency department staffed 24/7 
  • 50 or fewer beds OR has been licensed as a “critical access hospital” 

 

The bill also prospectively requires health plans to cover rural emergency hospital services to the same extent that they would cover general hospital services.  

 

Rep Shoaf’s House companion, HB 309, has not yet been heard. 

Water & Environmental Sustainability

Senate Committee Approves Move to Develop Interim PFAS Standards 

On Tuesday, the Senate Environment and Natural Resources Committee unanimously passed CS/SB 1692 by Sen. Brodeur.  

 

The bill creates the Per- and Polyfluoroalkyl Substances (PFAS) and 1,4-Dioxane Pretreatment Initiative within the Department of Environmental Protection (DEP), to coordinate wastewater facility industrial pretreatment programs. Wastewater facilities with industrial pretreatment programs are directed to do the following:  

  • Complete an inventory of industrial users to identify potential sources of PFAS contamination and 1,4 dioxane by July 1, 2025 
  • Provide notice by March 1, 2025, to the identified industrial users that they may become subject to PFAS and 1,4 dioxane permitting standards  
  • Issue a permit, order, or similar measure to enforce applicable pretreatment standards and requirements for 1,4-dioxane and certain types of PFAS, including specific discharge limits; and  
  • Between July 1, 2026, and January 1, 2027, complete a grab sampling at each identified industrial user’s facility and other at-risk sites that are probably sources of 1,4-dioxane and certain types of PFAS and implement appropriate corrective action before July 1, 2027, to reduce or eliminate these contaminants. 

 

The bill also provides interim discharge limits and surface water quality standards for 1,4-dioxane and certain PFAS compounds for industrial users until new specific limits are adopted. The committee substitute language revised the effective date of these interim standards from July 1, 2026 to July 1, 2025.  

Senate Committee Clears Gaming Compact Money for Land and Water Projects 

On Wednesday, SB 1638 by Sen. Hutson unanimously passed the Appropriations Committee on Agriculture, Environment, and General Government.  

 

The bill directs the Department of Revenue to distribute 96% of the 2021 gaming compact revenues to land conservation and water infrastructure projects. To guide water projects under this section, the bill creates a 5-year water quality work program and water quality revolving loan fund. Specifically, 32% of the gaming compact revenues are allocated to projects of this nature.  

 

The bill also appropriates $5 million for planning of project criteria and priorities under the water quality work program.  

 

The House companion, HB 1417 by Rep. Buchanan, does not provide for program planning or creation of the revolving loan program; the bill only provides for the gaming compact distributions. The bill has not been heard. 

Stormwater Rule Ratification Passes First Senate Stop 

On Tuesday, the Senate Environment and Natural Resources Committee unanimously approved the Department of Environmental Protection’s (DEP) proposed stormwater rule, found in SB 7040 with a few minor revisions to the DEP provisions.  

 

For context, the 2020 Clean Waterways Act directed DEP and the water management districts to initiate rulemaking regarding stormwater infrastructure and the associated environmental resource permitting process. Proposed rules with an aggregate 5-year economic impact estimate over $1 million trigger the statutory requirement for legislative ratification—the 5-year impact of this rule is estimated to be over $1 billion.  

 

The House Water Quality, Supply, and Treatment subcommittee is expected to consider a similar committee bill, temporarily designated WST1, next Monday the 29th.

Health, Safety & Justice

Substance Use Support Bill Moves in Senate Committee 

On Tuesday, the Senate committee of Children, Families, and Elder Affairs approved SB 1636 - Substance Use Disorder Treatment Services


The bill, by Sen. Gruters, requires the Department of Children and Families to contract with managing entities to place crisis counselors from community mental health centers within local law enforcement agencies. These crisis counselors to conduct follow-up contacts with children, adolescents, and adults who have been involuntarily committed under the Baker Act by a law enforcement officer and provide follow-up care to individuals in the community that law enforcement has identified as needing additional mental health support. The bill details what services the community mobile support team is required to offer and details the requirements of a community mental health center contracted by the managing entity.   



This bill was supported favorably by senate committee members and looks to continue its path through the committees. Its next stop being the Senate Appropriations Committee on Health and Human Services. 

County Emergency Management Reform Bill Makes its First Stop in the House 

On Wednesday, the House Constitutional Rights, Rule of Law & Government Operations Subcommittee heard CS/HB 1567 by Rep. Grant, Qualifications for County Emergency Directors. This bill seeks to reform the academic requirements necessary for county emergency management directors (EMDs). 


 The bill mandates at least a bachelor’s degree and six years of verified experience in emergency services, emergency management, or related fields, with three years of supervisory experience. A master’s degree in specific areas can substitute for two years of experience but not for the required supervisory experience. The bill necessitates completion of specific FEMA courses or their equivalents, such as ICS-100, ICS-200, IS-700, IS-703, and IS-800. Accreditation as a Certified Master Exercise Practitioner, a Certified Emergency Manager, or a Florida Professional Emergency Manager can also substitute for these courses. A valid Florida driver's license is a further requirement. Recognizing that current directors may not meet these qualifications, the bill grants them until June 30, 2026, to comply with the new standards. 


County commissioners from the Putnam County delegation were present to testify as proponents of the bill. One concern mentioned during the committee meeting pertained to the increased academic credentials required for county EMDs as proposed by this bill. These new requirements would make it hard for rural counties to offer wages to employ these EMDs as well as the deadline the bill gives maybe be too quick for preexisting county EMDs to obtain the necessary qualifications.  

This bill passed favorably (14-0) and now moves to its next committee stop in House State Affairs. 


A Senate companion, SB 1262 by Sen. Collins, has not been heard this session. 

Technology

House Committee Clears Legal Protection for Counties Following Cyber Attacks 

On Tuesday, the House Commerce Committee unanimously passed CS/HB 473 by Rep. Giallombardo.   

 

The bill provides that a county may not be held liable for a cybersecurity or ransomware incident, provided that the county has “substantially complied” with the statutory guidelines and best practices on the matter.  

 

The bill does not create a cause of action, and expressly clarifies that failure to comply with these guidelines does not, in itself, constitute negligence on the part of the county. However, in any legal action connected to a cybersecurity incident, the county has the burden of proof to establish “substantial compliance.”  

 

A Senate companion, SB 658 by Sen. DiCeglie, is on the Senate Judiciary agenda for next Monday, January 29.  

FAC Staff, Jared Grigas spoke in support of the measure.

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