Dear Colleagues and Friends,

As Director of Government Affairs for Stearns Weaver Miller, I am monitoring bills being considered by the Legislature and will report developments regarding them in our weekly “Rotunda Report.”

Below is a high-level summary of important bills and key issues from session this week, February 5-9. We’ve also included a deeper dive into significant bills, including an analysis of how the bills may affect your business. For more information, please contact me.

Bills Are Dying

This week marks the halfway point of Session and the last time House subcommittees will meet this year. Bills that have not moved through one committee, or do not have a House or Senate companion, are likely dead this Session.

Affordable Housing

SB 328 was passed by the full Senate and has been sent to the House for consideration. The House companion, HB 1239, was reported favorably by the State Affairs Committee. For more information, please see this section from the winter edition of What's Developing.

Budget Conference Ready

The House and Senate passed their respective budget bills and are ready to meet in conference committees to work out the differences in spending between the $115.9 billion Senate budget and the House's $115.5 billion proposal. Issues with differences include a 3% cost of living adjustment in the Florida Retirement System for some state workers, funding for building improvements in Florida's prison system, and a House proposal for a pay increase for the Governor and members of the Cabinet.

Legislation Spotlight – SB 1692

Florida’s Reaction to Regulating PFAS

This session, the Florida Legislature is considering Senate Bill 1692, which would require industrial users classified by the U.S. Environmental Protection Agency (“EPA”) as “major facilities” to pretreat certain PFAS (per- and poly-fluoroalkyl) chemicals, also known as “forever chemicals,” – PFOS, PFOA - , and 1,4-dioxane in wastewater discharges. SB 1692 was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government on February 8, 2024, with no opposition. SB 1692 requires the Florida Department of Environmental Protection (“FDEP”) and wastewater facilities to identify industrial users of the facilities that are “probable sources” of PFOS, PFOA, or 1,4-dioxane by July 1, 2025. The bill further requires that identified industrial sources be issued a permit or order to enforce applicable pretreatment standards by July 1, 2027. The bill establishes what it terms as “interim discharge limits” in nanograms per liter (parts per trillion or ppt): PFOS at 10 ppt, PFOA at 170 ppt, and 1,4-dioxane at 200,000 ppt. If passed, the bill would take effect on July 1, 2024, with the discharge limits taking effect on July 1, 2025. 

SB 1692 represents another potential step in Florida’s legislation concerning PFAS. In 2022, the Florida Legislature enacted § 376.91(2)(a), requiring FDEP to adopt statewide cleanup target levels for PFAS in drinking water, ground water, and soil if EPA has not finalized its standards by January 1, 2025. Such rules would not take effect until ratified by the legislature.

In addition to Florida’s proposed legislation, the EPA is proposing two rules to strengthen its regulations under the Resource Conservation and Recovery Act (“RCRA”), which could have wide-reaching implications for Florida businesses. The first proposed rule affirms EPA’s authority to regulate PFAS. The second adds nine specific PFAS, including PFOS and PFOA, to its list of “hazardous constituents,” under its RCRA regulations, which will grant regulators authority to monitor for these PFAS during facility assessments and, if necessary, require cleanup at EPA lead and federally permitted sites. Moreover, listing PFAS as a “hazardous constituent” is a key regulatory prerequisite for EPA to eventually categorize PFAS as a “hazardous waste” in the future, which would impose even greater regulatory obligations upon the regulated community. According to EPA, the proposed rules will give regulators the authority to require cleanup actions for releases of PFAS from as many as 1,740 waste facilities nationwide.

Florida and EPA are taking aggressive steps in the regulation of PFAS. Industry should be aware of the wide-reaching impact of these and other legislative and regulatory actions that may affect facility operations and waste management activities. 

Stearns Weaver Miller is closely monitoring SB 1692 and EPA’s proposed rules and their potential impact.