2012 legislative review: what passed and failed this session? flc webinar may 24, 2012

2012 Legislative Review: What Passed and Failed this

Session?FLC WebinarMay 24, 2012

HB 7051 allows the Legislature to exempt from legislative ratification the Florida Department of Environmental Protection’s (DEP) numeric nutrient criteria program.

Under current law, any rule that exceeds a specified dollar threshold must be ratified by the legislature.

CS/HB 639 (Young) revises the definition of reclaimed water to ensure that it is not subject to regulation by a water management district (WMD) until it has been discharged into “waters of the state” as defined in Florida statute.

reclaimed water projects are eligible for alternative water supply funding

Prohibits a WMD from specifying, in a Consumptive Use Permit (CUP), any user to whom a reuse utility must provide reclaimed water or restricting the use of reclaimed water provided to a utility’s customers.

If a proposed use of water includes surface water or groundwater, a CUP for those water sources may include conditions that govern their use in relation to the feasibility or use of reclaimed water.

CS/HB 809 (Grant) makes numerous changes to the communication services tax (CST)

Amends definition of “sales price” to allow a communication’s dealer to bundle together goods and services that are subject to various taxes (e.g., CST and sales tax) and only identify the portion subject to CST in their “books and records.”

removes the liability of a dealer, who incorrectly assigns a customer to a local CST taxing jurisdiction, to pay the underpayment and any interest or penalties unless certain conditions are met

removes the ability of the department to deny the dealer’s collection allowance because of incorrectly assigned customers if the dealer has used one of the methods described in FL statutes, regardless of due diligence

creates the nine-member CST Working Group. Tasked with reviewing tax policy, historical revenue trends, usage of the revenue stream by local governments, fairness of the tax structure and administrative burdens

working group is to identify options for removing competitive advantages within the industry and submit a report to the governor, Senate President and Speaker of the House by February 1, 2013

FLC appointees to CST Working Group

Mayor Gary Resnick, Wilton ManorsSharon Fox, Internal Auditor, Tampa

First meeting is June 11 in Tallahassee

HB 7125 exempts real estate sales associates and broker associates licensed under Chapter 475, Florida Statutes, from paying the local business tax or obtaining a local business tax receipt

CS/HJR 1003 (Eisnaugle) is a proposed constitutional amendment dealing with the ad valorem taxation of tangible personal property (TPP)

Amendment would provide an additional exemption (current law is $25,000) from ad valorem on TPP valued between $25,000 and $50,000

Includes a local option component that allows municipalities to offer additional tax relief for tangible personal property at their discretion

CS/HJR 93 (Harrison) is a proposed constitutional amendment that would give ad valorem tax relief to a surviving spouse of a military veteran who died from service-connected causes while on active duty or a surviving spouse of a first responder who died in the line of duty

CS/CS/SB 922 (Bennett) provides an exemption for service members who are deployed outside the continental United States, Alaska or Hawaii in support of certain named military operations

CS/CS/HB 937 (Workman) addresses legal notice requirements for local govts - FLC priority

requires legal notices published in the newspaper to also be placed on the newspaper’s website.

requires the Florida Press Association to create a website on which legal notices from every paper in the state must be published.

limits the amount that can be charged for legal notices under certain conditions

FLC priority CS/HB 1227 (Drake) exempts sworn law

enforcement officers from the public safety telecommunicator certification course provided the officer can pass the certification exam

allows cities to use sworn law enforcement officers as temporary public safety telecommunicators once they have passed the certification exam

CS/HB 1197 (Horner) preempts local govt. from adopting ordinances dealing with beekeeping and farm signs

prohibits municipalities from collecting stormwater fees on a bona fide farming operation if that farm has a National Pollution Discharge Elimination System (NPDES), environmental resource permit or follows the best management practices authorized by the Department of Environmental Protection and the Department of Agriculture and Consumer Services

CS/HB HB 691 (Frishe) streamlines the permitting process for coastal construction permits, including beach restoration and nourishment projects

reduces the number of permits required for such projects

CS/CS/HB 7117 (Plakon) is the 2012 energy package supported by the House/Senate leadership as well as Commissioner of Agriculture Adam Putnam and the Florida League of Cities

requires utilities to address existing and proposed renewable energy production and purchases in their 10-year site plan

allows local governments, by referendum, to issue rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property from the local government infrastructure surtax

CS/CS/CS/CS/HB 503 (Patronis) is a comprehensive regulatory streamlining bill

prohibits a municipality from requiring, as a condition of processing a development permit, that an applicant obtain a state or federal permit prior to obtaining the local permit

prohibits local governments from charging fees on development orders or permits that were extended under the Community Planning Act of 2011. The permit extensions are valid for a period of two years after their previously scheduled date of expiration for any permit issued by the DEP or by a water management district that has an expiration date from January 1, 2012, through January 1, 2014.

CS/CS/CS/HB 1263 (Hudson), is a comprehensive Department of Health reorganization bill

repeals the statewide septic tank inspection program administered by the Department of Health

allows cities to adopt septic tank inspection programs, provided the program complies with certain restrictions set forth in the bill.

CS/CS/HB 959 (Bileca) prohibits a state agency or local governmental entity from contracting for goods and services of $1 million or more with a company that has business operations in Cuba or Syria.

contracts entered into after July 1, 2012, must contain a provision that allows for termination of the contract if the company is found to have business operations in Cuba or Syria.

requires a company to provide a certification upon submission of a bid or proposal for a contract, or before a company enters into or renews a contract, with an agency or governmental entity that the company is not engaged in business operations in Cuba or Syria

HB 7087 (Precourt) is a comprehensive economic development bill that increases the current corporate income tax exemption from $25,000 to $50,000 of net income

modifies the number of qualified employees businesses must have in certain circumstances to be eligible for tax credits

creates back-to-school sales tax holiday for August 3-5

requires a local vendor preference for printing services but excludes local governments from this requirement

SB 368 (Gaetz) provides that specified governing board members who fail to resolve a financial emergency may be suspended from office by the governor.

allows municipalities in a state of financial emergency to consult with other local governments regarding the consolidation of administrative and support services

requires a plan to end a financial emergency to include the implementation of consolidation or discontinuance of specific services

requires local governments to respond to request from the Governor within 45 days and establishes consequences for their failure to respond

CS/CS/HB 1223 (Albritton) prohibits swamp buggies from operating on public roads other than the state highway system, unless specifically allowed to do so and posted accordingly by the local government

authorizes municipalities to use golf carts and utility vehicles to cross the State Highway System and operate on sidewalks adjacent to state highways under specified circumstances

provides for the dismissal of a traffic citation for failure to stop at a red light when the motor vehicle owner is deceased at the time of the violation and an affidavit with specified supporting documents is filed with the issuing governmental entity (YES, we really actually needed a law for this!!)

CS/CS/CS/HB 599 (Pilon) is the Florida Department of Transportation’s (DOT) comprehensive legislative package

imposes more stringent rules and responsibilities on local govts for bus benches and transit shelters on state rights-of-way that are not in compliance with ADA standards

as of July 1, 2012, a local govt authorizing an installation must require the supplier or installer to indemnify, defend and hold harmless DOT from any liability and costs relating to the installation, and annually certify to DOT that this requirement has been met

under current law, utility owner is required to pay for relocation to alleviate the interference

if the utility facility is one that was initially installed to exclusively serve the authority (state or local government), and the authority directs the utility owner to relocate it to alleviate an interference, then the authority will be required to pay for the utility work

limits the application of the statutory 1.5 percent landscaping earmark from a per project to a statewide basis and limits the expenditure of landscaping funds to new highway construction projects (thus no landscaping dollars would be spent on repaving or similar maintenance projects);

addresses other issues onsite or offsite stormwater treatment for seaports

broadens the permissible uses of local option gas tax revenues

Requires that only one metropolitan planning organization (MPO) be designated for each urbanized area or group of contiguous urbanized areas

where more than one MPO exists in an urbanized area, the MPOs must coordinate in the development of regionally significant project priorities

authorizes, under specified conditions, a motor vehicle to be operated with “autonomous technology,” without the active control or monitoring by a human operator

authorizes local govts to regulate the use of personal mobility devices (Segways) on sidewalks

Environmental mitigation standards and requirements:

prohibits a govt entity from creating or providing environmental mitigation for a project other than its own unless govt entity uses land that was not previously purchased for conservation and unless the govt entity provides the same financial assurances as required for mitigation banks and regional offsite mitigation areas

CS/CS/HB 979 (Diaz) addresses DRIs In local govt jurisdictions that are not

designated as dense urban land areas, certain proposed developments which are the subject of a qualified target industry business tax refund agreement are exempt from the DRI review process

allows certain agricultural enclaves between 500 and 640 acres to change to the zoning designation that surrounds it, without approval from local govt

limits the reviewing agencies’ ability to comment on a DRI, under certain conditions

CS/HB 7081 (Workman) addresses technical glitches from last session’s comprehensive growth management legislation

authorizes local govt to retain certain initiative or referendum processes in regard to any development order or to any local comprehensive plan amendment or map amendment that was in effect as of June 1, 2011

prohibits regional planning council from providing consulting services to a private developer if the council will serve in a reviewing capacity in the future

allows military base commanders to provide “advisory” comments to any comprehensive plan amendments of land that surrounds military installations

removes criteria that exempts certain municipalities from being signatories to the school interlocal agreement as a prerequisite to implementing school concurrency because school concurrency is now optional

HB 7075 (Workman) amends s. 163.3175, F.S., to clarify provisions relating to military commanding officer comments on proposed land use changes that may have an impact on the mission of a military installation

commanding officer comments on proposed land use changes are advisory to the local govt,

advisory comments must be based upon appropriate data and analyses

HB 5201 (O’Toole) allows universities to enter into local development agreements to identify and negotiate plans to mitigate the effects of specific projects and the corresponding effects on local govts

CS/CS/CS/HB 107 (Caldwell) creates a new procedure that allows two or more contiguous independent special districts with similar functions and governing bodies to voluntarily merge

CS/CS/SB 704 (Bennett) is a comprehensive building construction package which:

modifies how local govt code enforcement boards serve notices on property owners

requires public bodies to open sealed bids for construction and repairs to public buildings at a public meeting

authorizes building and fire code administrators to accept electronically transmitted construction plans and related documents for permit approval purposes

when denying a building permit, the bill requires local enforcing agencies and local building code administrators and inspectors to provide denied applicants with the specific building codes or sections that were out-of-compliance

CS/CS/HB 521 (Artiles) preempts local ordinances that pertain to the regulation of hoisting equipment and hoisting equipment operators

CS/CS/HB 897 (Moraitis) revises the time frames for recording liens

Requires additional information in lien documents

Requires govt entities to open sealed bids for public works projects at a public meeting

Modifies process for attachment of liens

HB 5005 revises the required employer retirement contribution rates for members of each membership class and sub-class of the Florida Retirement System (FRS)

reduces allocations to investment plan member accounts of the FRS

CS/CS/HB 885 (Ford) preempts local ordinances adopted after March 1, 2012, regulating secondary metals recyclers

grandfathers existing ordinances in existence as of March 1, 2012, but does not allow cities to amend those ordinances in a manner more stringent than state law

CS/CS/CS/HB 711 (Hooper) requires the governing board of a municipal, county or district hospital to evaluate the possible benefits to an affected community from the sale or lease of the hospital facility to a not-for-profit or for-profit entity within a specified time period

HB 7087 requires state agencies, universities and school districts to grant a state vendor preference when procuring printing services and personal property (commodities)

Cities and counties are exempted from this requirement

CS/HB 365 (Costello) and CS/SB 910 (Hays) would have provided several reforms to city police and firefighter pensions – TOP FLC Priority

provide that the provisions of an agreement relating to retirement benefits or use of insurance premium tax revenues were deemed to comply with Chapters 175 or 185

clarified the 2011 law that police may use only up to 300 hours of overtime for pension purposes as is provided in the pension plan or collective bargaining agreement

HB 1063 (O'Toole), HB 4025 (O’Toole) and SB 760 (Hays) would have repealed the authority of municipalities to levy the Local Business Tax

CS/CS/HB 421 (Smith) and CS/SB 604 (Dean) would have preempted local govt authority relating to enacting seasonal bans of fertilizer for professional applicators

SB 1460 (Simmons) and CS/CS/HB 673 (Brodeur) would have preempted and superseded the application of local vendor preference ordinances in a competitive solicitation for personal property or construction services when the property or services were paid for with state funds

CS/CS/HB 373 (Glorioso) and CS/CS/CS/SB 602 (Storms) would have allowed municipalities to adopt stormwater management plans for urban infill and blighted areas in order to encourage redevelopment projects

CS/CS/CS/SB 1626 (Gaetz) and CS/HB 1409 (Albritton) would have created additional transparency requirements of all executed local govt contracts.

original bills required all local govts to report all executed contracts, despite the funding source, to a state contract tracking system

CS/CS/CS/SB 206 (Negron) and CS/CS/HB 355 (Kiar) would have required local govts to provide members of the public with an opportunity to be heard on a proposition before the board or commission

allowed local govts to adopt policies or rules to ensure the orderly conduct of the meeting, while putting into place criteria that these policies must meet

HB 4177 (Plakon) and SB 1542 (Evers) would have repealed all statutes mentioning traffic enforcement detectors

CS/CS/CS/HB 157 (Porter) and CS/CS/SB 560 (Dean) would have required water management districts to adopt minimum flows and levels established by the FL Department of Environmental Protection

SB 1026 (Bogdanoff) would have designated a “sober house transitional living home” as a type of community residential home providing a peer-supported and managed alcohol-free and drug-free living environment

Funding for Infrastructure Projects SB 1472 (Richter) and HB 1491

(Eisnaugle) would have created the Florida Infrastructure Fund Partnership

provided for a different way to bring private capital to FL in order to build much-needed infrastructure around the state that both local governments and the state cannot afford

SB 912 (Bennett) and HB 603 (Weinstein) would have prohibited local govts from applying transportation, school concurrency, and new or existing impact fees for new development until July 1, 2015, unless authorized by two-thirds of the local government’s governing authority.

SB 840 (Diaz de la Portilla) and HB 547 (Fresen) would have provided for the termination of community redevelopment agencies (CRAs) by the Board of County Commissioners of Miami-Dade County

CS/SB 1852 (Wise) and CS/CS/CS/HB 903 (Adkins) would have authorized district school boards to share the revenue generated by their capital outlay millage levy with charter schools in the school district on a per-student basis

CS/CS/HB 3 (Plakon) and SB 428 (Oelrich) would have prohibited the operation of Internet sweepstakes cafes in the state

CS/SB 380 (Diaz de la Portilla) and HB 467 (Gonzalez) would have allowed local govts to regulate these establishments in any way they deemed appropriate including prohibiting them

HB 1499 (Brandes) would have required local govts with defined benefit pension plans funded below a threshold amount to take specified actions.

would have provided that local govt pensions with a funded ratio (defined in bill) of 80 percent or less had to be put on a pension watch list and had to develop a strategy for the pension plan to obtain a funded ratio greater than 80 percent

CS/SB 1580 (Latvala) and CS/CS/HB 1443 (Frishe) would have authorized local administrative boards to declare a place to be a public nuisance if it was used on more than two occasions within a six-month period as a site for the storage of controlled substances

Thank You For Additional Information Contact:

Legislative Affairs(800) 342-8112

or visit our web site at:

www.flcities.com