priority bills for hopping green & sams and its clients enacted by … · 2017. 7. 6. · 2...

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Priority bills for Hopping Green & Sams and its clients enacted by the Florida Legislature during the 2016 Regular Session.

*This is an overview of legislation that may be of interest to you. Please review the bill itself or consult your HGS lawyer for specific details, exceptions and applicability.

Bill Name Bill Summary

ENVIRONMENT

CS/HB 347 Utility Projects

(Rep. Sprowls)

Authorizes specified local agencies to apply to certain local government agencies to finance costs of certain utility projects by issuing utility cost containment bonds, which are bonding mechanisms that allow water and wastewater utilities to achieve higher bond ratings, lower interest rates, and more favorable bonding terms. Provides detailed conditions and requirements for issuing the bonds.

Effective Date: July 1, 2016

CS/CS/SB 552 Environmental Resources

(Sen. Dean)

(Chapter 2016-1, Laws of Florida)

Creates the Florida Springs and Aquifer Protection Act to expedite protection and restoration of the water flow and water quality in the aquifer and Outstanding Florida Springs. Exempts rules adopting Minimum Flows and Levels from the legislative ratification requirement. Ensures that the appropriate governmental entities continue to develop and implement uniform water supply planning, consumptive water use permitting, and resource protection programs for the area encompassed by the Central Florida Water Initiative. Updates and restructures the Northern Everglades and Estuaries Act to reflect and build upon the Department of Environmental Protection’s (DEP’s) completion of basin management action plans (BMAP) for Lake Okeechobee, the Caloosahatchee Estuary, and the St. Lucie River and Estuary; DEP’s continuing development of a BMAP for the inland portion of the Caloosahatchee River watershed; and the Department of Agriculture and Consumer Services’ implementation of best management practices in the three basins. Modifies water supply and resource planning documents and processes in order to provide more robust representations of the state’s water needs and goals. Establishes incentives for water conservation practices. Requires priority consideration to be given to public-private partnerships that store or treat water on private lands for hydraulic improvement, water quality, or water supply; provide critical groundwater recharge; or provide for changes in land use to activities that minimize nutrient loads and maximize water conservation. Requires the Office of Economic and Demographic Research to conduct an annual assessment of water resources and conservation lands. Requires DEP to publish an online publicly accessible database of conservation lands on which public access is compatible with conservation and recreation purposes. Requires DEP to conduct a feasibility study for creating and maintaining a web-based, interactive map of the state’s waterbodies as well as regulatory information about each waterbody.


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CS/CS/CS/HB 589 Environmental Control

(Rep. Pigman)

Repeals section of statute making holders of consumptive use permits (CUPs) that violate their permit conditions liable to other CUP holders for damages caused by the permit violations. Revises the licensure requirements for water well contractors. Provides that when the beneficial use of a constructed clay settling area (CSA) is extended, the rate of reclamation requirements and the financial responsibility requirements only apply when the beneficial use of the CSA is complete. Allows the use of land set-asides and land use modifications, not otherwise required by state law or permit, that reduce nutrient loads into nutrient impaired surface waters to generate water quality credits for trading purposes. Provides that the limitation on the granting of a variance does not prohibit the issuance of moderating provisions or requirements under state law, subject to any necessary approval by the United States Environmental Protection Agency. Expands the use of funds in the solid waste landfill closure account, removes the repeal date for the account, and allows the use of the Solid Waste Management Trust Fund to pay or reimburse additional expenses needed for performing or completing approved facility closure or long-term care under certain circumstances. Requires a Florida registered professional to certify that a stormwater management system will meet additional requirements for a general permit, and requires the certification be submitted to the Department of Environmental Protection or a water management district before, rather than after, construction of the stormwater management system begins.

Effective Date: Upon becoming law

CS/CS/HB 1051 Anchoring Limitation Areas

(Rep. Caldwell)

Prohibits the overnight anchoring of vessels in five specified anchoring limitation areas in Broward and Miami-Dade Counties. Provides exceptions for severe weather, mechanical breakdown, and similar situations. Provides a sunset upon the adoption of recommendations from FWC’s anchoring and mooring pilot program, scheduled to conclude in July 2017.


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CS/CS/HB 1075 State Lands

(Rep. Caldwell)

Addresses a number of issues relating to the acquisition, management, and disposition of state lands. Combines the acquisition procedures for all state lands into one section of law. Requires conservation lands to be managed for conservation, recreation, or both, consistent with any existing land management plan, rather than for the purpose for which they were acquired. Requires DEP to submit conservation lands that are not meeting their short-term goals to the Acquisition and Restoration Council (ARC) to consider management and disposition options. Combines the disposition procedures for all state lands into one section of law. Directs land managers, as part of their every 10-year management plan update, to identify any conservation lands that could be disposed of in fee simple or with the state retaining a permanent conservation easement. Removes the priority consideration given to local governments when surplusing lands. Provides an exchange process that allows a person who owns land contiguous to Board of Trustees-titled land to request an exchange of all or a portion of the state-owned land, with the state retaining a permanent conservation easement, for a permanent conservation easement over all or a portion of the contiguous, privately owned land. Authorizes minimal secondary non-water dependent uses that are related to a water-dependent use over sovereign submerged lands. Requires ARC to give priority to proposed Florida Forever projects that can be acquired in less than fee and projects that contribute to improving springs or groundwater. Requires DEP to add federally-owned conservation lands and state and federally-owned conservation easements to the FL-SOLARIS state lands database by July 1, 2018. Requires each county and city to submit to DEP, by July 1, 2018, a list of all conservation lands owned by the local government and lands on which the local government holds a permanent conservation easement. Financially disadvantaged small communities have until July 1, 2019, to submit the same information. Directs DEP to complete a study by January 1, 2018, regarding the technical and economic feasibility of including privately-owned conservation lands in a public lands inventory. Requires the Department of Agriculture and Consumer Services to follow certain acquisition procedures when acquiring conservation easements through the Rural and Family Lands Program. Authorizes the Florida Fish and Wildlife Conservation Commission to adopt by rule protection zones that restrict the speed and operation of vessels to protect and prevent harm to springs.


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CS/SB 1176 Dredge and Fill Activities

(Sen. Diaz de la Portilla)

Increases, from 3 acres or less to 10 acres or less, the size of wetland or other surface water impacts resulting from dredge and fill activities that the Department of Environmental Protection (DEP) or water management districts are authorized to approve through implementation of a voluntary State Programmatic General Permit (SPGP), subject to agreement with the Corps. Provides that by seeking to use a SPGP for dredge and fill activities, an applicant consents to applicable federal wetland jurisdiction criteria. Authorizes the DEP to seek partial assumption of federal permitting programs regulating the discharge of dredged or fill material.


PROPERTY & LAND USE

CS/CS/CS/HB 535 Building Codes

(Rep. Eagle)

Changes numerous Florida Building Code related issues. Broadens the qualifying criteria for becoming a building inspector; exempts maintenance staff of apartment complexes of 100 or more units from licensure requirements when performing certain minor repairs; allows propane installers to disconnect and reconnect water lines when replacing propane water heaters; makes changes to certain fire safety requirements for new buildings; allows for phased building permits; clarifies regulatory exemptions for portable pools used in specific events; adds additional safety/alarm options for residential swimming pools; prohibits local fees for providing proof of contractor license; allows for homeowner replacement of smoke alarms not powered by 10 year non-removable battery if the replacement system was approved by a nationally recognized testing laboratory and the replacement is part of a low-power, radio frequency based system; makes fire safety code changes to new and existing high-rise buildings; creates a task force to study electrical safety issues for both public and private swimming pools; revises provisions regarding fire-safety criteria and overhangs on zero lot line properties.


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CS/CS/HB 749 Agriculture (Rep. Raburn)

Amends the greenbelt law to recognize that the Citrus Health Response Program is a federal eradication or quarantine program, and lands classified as agricultural that are taken out of production by such a state or federal program shall continue to be classified as agricultural for 5 years after execution of a compliance agreement for an eradication program. Requires property tax collectors to assess these lands at a de minimis value during the 5-year term of the agreement. Allows certain farm vehicles to travel on the roads for up to three days without registration, paying license taxes, or license plates, when moving from an auction site or other place of purchase to the purchaser’s property. Preempts to the Department of Agriculture and Consumer Services (DACS) all authority in this state to regulate, inspect, sample, and analyze any commercial feed or feedstuff, including assessment of penalties for violating this section. Adds additional penalties for individuals who knowingly acquire, import, possess, sell or offer to sell, trade or offer to trade, barter or offer to barter, move or cause to be moved, introduce, or release a plant pest without a special permit from DACS. Specifies that an allowable surface use of land subject to a conservation easement may include agricultural activities, including, but not limited to, silviculture, forest management, and livestock grazing, if such activities are a current or historic use of the land placed under the easement and the activities are conducted in accordance with the applicable best management practices adopted by DACS.


CS/SB 1174 Residential Facilities (Sen. Diaz de la Portilla)

Requires a radius of 1,200 feet between a community residential home licensed for 7 to 14 residents and a home licensed for 6 or fewer residents which otherwise meets the definition of community residential home. Exempts community residential homes already licensed and in operation prior to July 1, 2016.


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CS/CS/HB 1361 Growth Management/DRI

Clarifications (Rep. La Rosa)

Makes clear that only DRI sized projects which REQUIRE A PLAN AMENDMENT are subject to a state coordinated review process. Clarifies the rights of essentially built out DRIs to modify development plans; clarifies the right of expansion without aggregation review; streamlines the ability to seek a substantial deviation of an existing DRI without Regional Planning Council involvement; expands the right of rescission of the DRI development order regardless of jurisdiction; and provides for phase date extensions to be treated as non-substantial deviations; requires DEO final orders on plan amendment challenges within specified timeframes or the recommend order becomes the default final order; reduces the minimum acreage required for sector plans from 15,000 to 5,000 acres; and removes requirement for Apalachicola basin local governments to submit plan amendments to the Administration Commission.


BUSINESS REGULATION

CS/CS/SB 196 Public Records/State-funded

Infrastructure Bank (Sen. Hutson)


Provides a public records exemption for private financial records which are part of the State Infrastructure Bank (SIB) loan application process.


CS/CS/HB 231 Motor Vehicle Manufacturer

Licenses (Rep. Trujillo)

Addresses multiple issues pertaining to rights established between automobile manufacturers and their franchisees. Reduces the timeframe for rebate and incentive programs from 18 months to 12 months; provides restrictions on when manufacturers may take recourse against licensees for exported vehicles; clarifies provisions regarding loaner vehicle programs; provides limitations on requirements to use products and vendors selected by the manufacturer on facility improvements; and provides guidance and limitations on how manufacturers may require licensees to share and allow access to consumer data.


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CS/SB 416 Location of Utilities

(Sen. Flores)


Completes a two year battle between local governments and private utility providers regarding responsibility for relocation of utilities when work is being performed in the rights of way in which the utilities are located. Places the burden upon the governmental agency to incur any relocation or interference expense when the utility lines are located in a public easement. Limits the ability of governmental entities to only regulate utility lines that are located WITHIN the right of way, as opposed to ALONG.

Effective Date: March 10, 2016

CS/CS/SB 698 Alcoholic Beverages and Tobacco

(Sen. Bradley)

Allows alcohol vendors located within a theme park entertainment complex to implement an inventory and recollection process for kegs in lieu of paying individual keg deposits. Permits railroad transit stations to sell alcoholic beverages that are larger than two-ounce miniature bottles. Prohibits cities and counties from levying additional taxes on the sale of alcoholic beverages by a railroad. Amends the calculation requirements related to alcohol and tobacco consumed on cruise ships. Permits counties and cities to obtain up to 12 temporary alcohol permits per year if the city or county donates all net profits to a nonprofit civic or charitable organization.


CS/CS/CS/HB 1133 Applicability of Revenue Laws to Out-of-state Businesses During

Disaster-Response Periods (Rep. Young)

Provides exemptions from certain registration and tax requirements for out-of-state businesses and employees that enter the state in response to disasters or emergencies. Provides exemptions for certain licensure requirements.


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FINANCE & TAX

HB 5001 General Appropriations Act

(House Appropriations Committee)

This year, the Legislature passed a $82.3 billion budget. In the final spending plan, lawmakers use $30 billion in general revenue, an increase of more than $1 billion compared to the current year budget. The budget included nearly $900 million in funding from the Land Acquisition Trust Fund (2014 Amendment One). Budget issues related to agriculture and natural resources include: $76.6 million for Florida Forever; $1.5 million for land acquisition by water management districts; $10 million for land acquisition through the Florida Communities Trust; $7 million for a project to clean up Lake Apopka; $32 million for beach restoration; $18 million for springs restoration; and $7 million in addition funds for best management practices implementation. Lawmakers rejected several of Governor Rick Scott's budget priorities, including his push for $250 million for Enterprise Florida and $1 billion in tax cuts. Instead, the Legislature chose to spend $287 million towards the Florida Education Finance Program, which is the main funding source for public school operation. These state funds will reduce the required local effort property taxes levied by school districts on properties across the state. Additionally, lawmakers passed House Bill 7099 that provides $129 million in targeted tax cuts and a sales tax back-to-school holiday.


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HB 7099 Taxation

(House Finance & Tax Committee)

The $129 million tax cut package: • Includes a three-day back to school sales tax holiday from August 5 through August 7, 2016. The exemption extends to

sales of clothing with a price of $60 or less per item and school supplies with a price of $15 or less per item. The sales tax holiday does not include personal computers. If less than five percent of a business’s gross sales of tangible personal property in the prior calendar year would qualify for the holiday, the business may choose not to participate in the tax holiday by notifying the Department of Revenue by August 1, 2016.

• Makes permanent the sales tax exemption for machinery and equipment used by manufactures in NAICS codes 31, 32, 33, and 423930. Also, creates a sales tax exemption for postharvest machinery and equipment.

• Adopts the Internal Revenue Code as in effect on January 1, 2016. Florida will decouple from the bonus depreciation extension provided by the Consolidated Appropriations Act of 2016 and require that taxpayers add back their federal bonus depreciation and subtract that amount over seven years. Florida will adopt the federal section 179 deduction changes made in 2016.

• Amends the due dates for the Florida corporate income tax returns to correspond to federal changes. • Allows certain coastal counties to use up to ten percent of tourist development tax revenues for public safety services

after recommendation of the local tourist development council and approval by the board of county commissioners. This provision currently applies only to Okaloosa, Walton, and Bay counties.

• Modifies the economic development ad valorem tax exemption to apply to enterprise zones previously designated on December 30, 2015.

• Amends the economic development ad valorem tax exemption to apply to data center equipment for up to 20 years. • Removes the aviation fuel tax refund for certain transcontinental jet service providers and lowers the overall aviation

fuel tax rate from 6.9 cents per gallon to 4.27 cents per gallon. • Amends the tobacco tax definition of wholesale sales price to include certain charges, namely the federal excise tax and

discounts provided by an affiliate. • Allows a sales tax exemption for certain aircraft removed to foreign jurisdictions. • Provides a reduction and ultimate elimination of the manufactured use tax on asphalt used in federal, state, and local

government public works projects. • Creates a sales tax exemption for the sale of food or drink by qualified veterans’ organizations. • Reduces the excise tax on pear cider to be the same as the tax on apple cider. • Amends the calculation of alcohol and tobacco taxes on items consumed on cruise ships.


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CS/SB 190 Conservation Easements

(Sen. Hutson)

Deletes requirement that a property tax exemption for a conservation easement must be renewed annually. Provides that a property owner is not required to file a renewal application until the use of the property no longer complies with conservation easement requirements or restrictions.


CS/CS/HB 499 Ad Valorem Taxation

(Rep. Avila)

Amends the value adjustment board (VAB) process by specifying deadlines to hear petitions and issue the second tax roll certification. Modifies the annual percentage rate of interest related to the partial payment of ad valorem taxes from twelve percent per year to the bank prime loan rate. Allows interest payments on informal settlements reached between the property owner and property appraiser. Revises the requirements for written authorization for representation before the VAB. Requires taxpayers to file a complete and timely tangible personal property return in order to appeal an assessment. Allows property owners and the property appraiser the ability to reschedule a VAB hearing only one time for good cause. Permits the property appraiser to waive penalties and interest if an assessment cap was improperly granted as a result of a clerical mistake or an omission by the property appraiser. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2016

CS/HJR 193 & CS/HB 195 Solar or Renewable Energy

Source Device (Rep. R. Rodrigues)

Proposes an amendment to the State Constitution that will be voted on during the August 30, 2016 primary election. The amendment would authorize the Legislature, by general law, to exempt from ad valorem taxation the assessed value of solar devices or renewable energy source devices that are subject to tangible personal property tax. The amendment would also authorize the Legislature to prohibit the consideration of the installation of such devices in determining the assessed value of nonresidential real property for the purpose of ad valorem taxation. This reflects an extension of the existing ad valorem abatement for solar and renewable energy devices on residential property. Once passed by voters and implemented by the legislature, the tax incentives of the amendment will begin in 2018 and extend for 20 years.

Effective Date: January 1, 2018, if approved by the voters during August 2016 primary election

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CS/HB 627 Community Redevelopment

(Rep. Moraitis)

Expands the community contribution tax credit program to allow certain real property holding companies to contribute real property.


CS/HB 773 Special Assessments on

Agricultural Lands (Rep. Albritton)

Prohibits counties and municipalities from levying special assessments on certain agricultural lands for fire protection services.

Effective Date: November 1, 2017

CS/HJR 1009 Tax Exemption for Totally and

Permanently Disabled First Responders

(Rep. Metz)

Proposes an amendment to the State Constitution to authorize a first responder, who is totally and permanently disabled as a result of an injury sustained in the line of duty, to receive relief from ad valorem taxes assessed on homestead property, if authorized by general law.

Effective Date: January 1, 2017, if approved by voters during the November 2016 general election

CS/HB 1297 Discretionary Sales Surtaxes

(Reps. Cummings & Ray)

Creates a Pension Liability Surtax giving municipal governments the ability to repurpose existing surtax revenue to address pension liability under circumstances that demonstrate a serious potential for financial difficulty. Limits participation to local governments whose underfunded retirement benefit plan or system is below 80 percent of actuarial funding and currently only applies to the City of Jacksonville’s pension crisis.


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GOVERNMENT

CS/CS/CS/HB 183 Administrative Procedures

(Rep. Adkins)

Allows a summary hearing on a challenge to a regulatory permit authorizing boat show or other special event taking place over submerged lands to occur within 30 days without requiring all of the parties’ consent. Authorizes a substantially interested party challenging an agency action to also challenge the validity of an existing rule or unadopted rule upon which the agency action is based. Such challenge may be pled as a defense, and the administrative law judge’s conclusions of law related to the validity of the rule cannot be rejected by the agency. Clarifies that a separate rule challenge may also be filed. Revises rulemaking procedures based on a petition to initiate rulemaking alleging an unadopted rule. Expands the information published in the Florida Administrative Register to include rules filed for adoption in the previous seven days and a listing of all rules filed for adoption but awaiting legislative ratification. Extends the time to appeal certain final orders when notice to the party was delayed. Requires agencies to publish a list of rules which would result in a minor violation by June 30, 2017.


CS/HB 273 Public Records

(Rep. Beshears)


Requires contracts for services with a government entity entered into or amended after July 1, 2016 to contain specified language regarding the public records custodian of the government; specifies requirements for recordkeeping of public records by contractor; requires requests for public records relating to contract for services be made to the government entity; specifies penalties for failure of contractors to provide records when requested by government entity; awards attorney fees in civil suits to enforce production of records after 8 business days notice before filing the action; provides that contractors complying within the 8 day window are not liable for costs of enforcement.

Effective Date: March 8, 2016

CS/CS/HB 427 Recreational Vessel Registration

(Rep. Magar)

Provides reduced recreational vessel registration fee schedule for vessels registered during specified period which are equipped with emergency position indicating radio beacon or for which owner of vessel owns personal locator beacon. Provides for certain funds to supplement reduced amounts collected. Provides for a July 1, 2017 expiration date of reduced fee schedule.


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CS/HB 479 Special Districts

(Rep. Metz) (Chapter 2016-22, Laws of Florida)

Makes several technical corrections to chapter 189 after the re-write in 2014; requires tentative budgets to remain on district website for 45 days, adopted budgets for 2 years, and budget amendments for 2 years; allows legislature to create dependent special district by special act at request of or with consent of local government; eliminates requirement for Department of Economic Opportunity to keep inactive districts on the list of special districts; sets out new requirements for district websites to include a listing of regularly scheduled meetings, applicable public facilities reports, a link to the Department of Financial Services website, and posting of agendas and meeting materials available 7 days in advance of meetings or workshops.

Effective Date: October 1, 2016

HB 525 Small Community Sewer

Construction Assistance Act (Rep. Beshears)

Updates the Small Community Sewer Construction Assistance Act, which assists financially disadvantaged small communities with their needs for adequate sewer facilities. Expands the definition of the term “financially disadvantaged small community” to now include a county or special district that has a population of 10,000 or less, according to the latest decennial census, and a per capita annual income less than the state per capita annual income, as determined by the United States Department of Commerce. Provides that a special district may only be eligible under the Act if its public purpose includes water and sewer services, utility systems and services, or wastewater systems and services.


CS/HB 703 Vessels

(Rep. Workman)

Provides that vessel overloading or excessive speed constitutes careless operation of vessel. Provides for issuance of safety inspection decals. Prohibits law enforcement officers from stopping certain vessels solely to inspect for certain compliance with particularized exceptions.


CS/SB 846 Divers-down Warning Devices

(Sen. Abruzzo)

Revises the definitions of the terms “divers-down buoy,” “divers-down flag,” and “divers-down symbol” by expanding the types of indicators or devices allowed to be used to signal the presence of submerged divers.


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CS/HB 971 Community Development

Districts (Rep. Sullivan)

Changes threshold for establishing new community development districts (CDDs) by city or county ordinance to 2,500 acres (from 1,000 acres); makes explicit that the special security power of a CDD includes contracting for towing vehicles and vessels from district-owned property using process in section 715.07; allows up to five CDDs established by ordinance and with resident boards to merge, and allows the merged board to have geographically defined seats; increases threshold for streamlined boundary amendment process.


HB 981 Administrative Procedures

(Rep. Richardson)

Requires state agencies to calculate statements of estimated adverse impacts and regulatory costs based on the five year period beginning after the rule is fully effective.


SB 1110 Central Florida Expressway

Authority (Sen. Simmons)

Requires that County/City representatives of the Central Florida Expressway (CFX) Board be sitting members of the governing body making the appointment. Further, Governor appointed citizen members are subject to Senate confirmation. Restates the CFX status in its predecessor agency lease purchase agreement with the Florida Department of Transportation.


SB 7012

Death Benefits under the Florida Retirement System

(Senate Governmental Oversight and Accountability Committee)

Authorizes payment of death benefits to the surviving spouse or children of a Special Risk Class member killed in the line of duty under specified circumstances. Authorizes payment of death benefits to the surviving spouse or surviving children of a Special Risk Class member in the investment plan.


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HB 7025 At-risk Vessels (Rep. Raschein)

Prohibits vessels that show signs of being at risk of becoming derelict from anchoring on, mooring on, or occupying state waters. Authorizes law enforcement officers to determine that vessels are at risk of becoming derelict if the vessel is listing, has a frayed anchoring line, or other specified conditions exist. Provides that persons who anchor or moor or allow such a vessel to occupy state waters commit a noncriminal violation.


SB 7076 Legislature

(Senate Ethics and Elections Committee)

Reschedules the start of the 2018 (election year) Legislative Session from its originally scheduled start date of March 6th to a start date of January 9, 2016.

Effective Date: Upon Becoming Law

priority bills for hopping green & sams and its clients enacted by … · 2017. 7. 6. · 2...

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