Legislative Bulletin 
February 13, 2017
 

February 13th through February 17th, 2017 marks the second of three scheduled weeks of interim committee meetings for the month of February, and the sixth out of seven weeks of interim committee meetings held leading up to the beginning of the 2017 legislative session, which will begin on Tuesday, March 7th 2017.  

The week ahead will consist of mostly appropriations work for the Florida Senate. Several Senate Appropriations subcommittees will meet discuss a variety of potential budget issues including various aspects of the Governor’s proposed 2018 budget, operational updates from Enterprise Florida, Inc., individual state agency budget requests, as well as local funding requests and initiatives related to healthcare, transportation and tourism, and criminal and civil justice programs.

The Florida House will attempt to address appropriations and policy issues throughout the week.  Of notable importance to local governments, planned policy work will include discussions related to local government ethics reform, local government fiscal transparency, ad valorem tax relief for victims of natural disasters, and modifications to sentencing procedures of state inmates in county facilities.  Appropriations work in the Florida House will consist of the review of state agency budget requests and related presentations.

2017 FAC PRIORITY POLICIES

During the Florida Association of Counties (FAC) Legislative Conference, held in December of 2016, county commissioners from across the state identified several issues as priority statewide policy initiatives for the association.  These initiatives include Beach Re-Nourishment; Comprehensive Water Reform; Implementing the Medical Marijuana Constitutional Amendment; Tax Reform, Local Revenue Enhancement and Economic Development; as well as Combating the Opioid Epidemic.

The following information provides an update regarding legislation and related news associated with each FAC’s adopted priority policy initiatives.

 

OPIOID EPIDEMIC

Update
During the week of January 23rd, the Florida Alcohol & Drug Abuse Association (FADAA) participated in a workshop on Opioid Overdoes and Substance -Exposed Newborns in the Senate Children, Families & Elder Affairs Committee meeting.  Additionally, FADAA and other stakeholders, including the Florida Association of Counties held a press conference on the Opioid Epidemic.  Commissioner Melissa McKinlay, Palm Beach County, spoke on behalf of her county and FAC. 

Legislation
Bills filed to date attempting to deal with the epidemic include – HB 61 (Rep. Lee, Jr) pertaining to treatment one should receive if hospitalized for an unintentional overdose; HB 249 (Rep. Rommel) related to the mandatory reporting of drug overdoses & SB 150 (Rep. Steube) which creates crimes of trafficking in fentanyl and synthetic drugs and increases penalties for some drug related offenses.

FAC Contact
To learn more about this issue and related legislative information contact Lisa M. Hurley, Esq. via email @ lhurley@fl-counties.com


Update
On January 17th, 2017 the Florida Department of Health (DOH) issued a notice of Development of Rulemaking.  The rule addresses the implementation of the recently passed amendment to the constitution regarding the use of medical marijuana. In summary the proposed rule defines who can dispense and who is eligible to use medical marijuana. Additionally, between February 6th, 2017 and February 9th, 2017 the DOH held five workshops to receive public input regarding the proposed rule in Duval County, Broward County, Hillsborough County, Orange County and Leon County.

On February 4th, 2017 FAC hosted a Medical Marijuana Summit in Osceola County.  A crowd of nearly 400 people attended the daylong event, meant to educate government officials on their options for implementation in their communities, promote conversation and cooperation between local, state and industry representatives and provide an overview of what did and didn't work for other states who have similar laws.

Legislation
Bills filed to date include SB 406 (Sen. Bradley) which provides a proposed framework for the implementation of medical marijuana that includes the provision of local government authority to regulate land use activity with regard to medical marijuana dispensaries.  However, the bill preempts regulation cultivation and processing to the State.  Additionally, the bill maintains the vertical integration requirement for Medical Marijuana Treatment Centers (MMTCs), currently known as “dispensing organizations”.  The DOH is directed to register additional MMTCs as the number of active qualifying patients in the compassionate use registry grows.

Contrary to Sen. Bradley’s bill, SB 614 (Sen. Brandes) does away with the requirement that medical marijuana growers, processors, and distributors be vertically integrated, and instead allows for businesses to obtain separate licenses for different aspects of the industry.  SB 614 does preempt local regulation as well as location of cultivation and processing facilities, although the bill itself specifies that such facilities be located at least 1,000 feet from schools, child care facilities, and substance abuse treatment facilities.  The bill also limits the number of dispensaries in a county to one per 25,000 residents.  Dispensaries would be required to obtain operating permits from DOH.  The bill does allow a county or city to levy a local business tax on dispensaries, and would allow a county or city to refuse to allow dispensaries within its boundaries. 
 
FAC Contact
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ sharbin@fl-counties.com


Update
On January 31st, 2017, Governor Rick Scott released his proposed State Fiscal Year (SFY) 2018 budget.  The Governor’s proposed budget totals approximately $83.5 Billion and represents a $1.3 Billion increase over the current SFY 2017 budget. The budget proposal includes several proposed conforming bills that together represent over $600 million in tax reductions.  Of considerable importance to FAC, the Governor proposed to partially reduce the current sales tax liability on commercial leases.  This proposal is similar to FAC’s priority policy position that supports the phasing out of the same tax.

Legislation
Sen. Brandes filed SB 90 to implement Amendment 4 to exempt solar and renewable energy devices from property taxes.  The bill was passed out of its first committee of reference, however FAC expects the bill to be significantly amended to address the application of the exemption to existing facilities developed before the passage of the constitutional measure.  It is anticipated that House Majority Leader Rep. Ray Rodrigues file a similar bill in the Florida House. 

Rep. Ahern has filed HB 223 , relating to an exemption on sales taxes for commercial leases, however FAC does not support this version of the concept.  FAC does expect other versions of this concept (similar to the Governor’s proposal) to be filed that we may be able to support.

Sen. Lee has filed SB 76 (Joint Resolution) to continue the existing 10 % increase limit on assessments for non-homestead property. 

SB 330 by Sen. Stuebe was filed on 1/10/17.  The bill proposes restrictions and limitations on local governments with regards to local business taxes.  HB 487 by Rep. Renner has filed similar legislation in the Florida House.

HB 49 (Rep. Eagle) Relating to Ad Valorem Taxation proposes to provide ad valorem tax abatements or relief for victims of natural disasters.

FAC Contact
To learn more about this issue and related legislative information contact Laura Youmans, Esq. via email @ lyoumans@fl-counties.com


Update
During the week of January 6th, 2017, the House Subcommittee on Careers and Competition heard from a diverse panel of economic development experts and those interested evaluating the efficacy of using state funds for private sector growth. Among the meeting’s objectives was to have a better understanding of what role government plays in supporting economic development and how the state currently evaluates its return on investment under the existing economic development programs.  Panelists included: Amy Baker, Coordinator of the State Office of Economic & Demographic Research;  Cissy Proctor, Executive Director- Department of Economic Opportunity; Chris Hart IV, President & CEO, Enterprise Florida; Shawn Kantor, L. Charles Hilton Jr. Distinguished Professor of Economic Prosperity and Individual Opportunity, Florida State University; Kelly L. Smallridge, President and CEO, Business Development Board of Palm Beach County; and, Fatima Perez, Regional Manager of State Government Affairs, Koch Companies Public Sector, LLC.

Legislation
Proposed Committee Bill CCS1 Relating to Economic Programs was filed by the House Subcommittee on Careers and Competition and successfully passed out of committee during the week of February 3rd, 2017.  The bill essentially proposes to eliminate Enterprise Florida, Inc., Visit Florida, and the Strategic Business Development Division of the Department of Economic Opportunity.  

FAC Contact
To learn more about this issue and related legislative information contact Eric Poole via email @ epoole@fl-counties.com .

Update
On January 27th, 2017 Governor Rick Scott announced that he would use his executive authority under Executive Orders 16-230 and 17-16 to allocate nearly $15.8 million in state funds for emergency beach restoration projects in response to the damage caused by Hurricane Matthew in St. Johns, Flagler, Volusia and Brevard Counties. Funding will be used to immediately address critically eroded beaches where there is an imminent threat to beachfront structures, such as roadways, homes and businesses.

Legislation
There has been no legislation filed yet. 

FAC Contact
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ sharbin@fl-counties.com

Update
Approved overwhelmingly by voters in 2014, the Florida Water and Land Conservation Amendment requires that, for the 20 years following its effective date, 33 percent of net revenues from the state’s excise tax on documents (commonly known as “doc stamps”) must be deposited into the Land Acquisition Trust Fund (LATF) to be used only for specified purposes.  Those purposes include, among other things, land acquisition, wildlife management, Everglades protection, beaches and shore preservation, recreational lands, farms and ranches, and the restoration of natural systems. 

Two separate groups have challenged the state’s allocation of Amendment 1 funds, arguing that the Legislature misappropriated some of the funds towards unauthorized purposes, including agency salaries and other expenses.  In January of this year, the groups agreed to consolidate their cases, which are still pending. 

Legislation
SB 532 (Sen. Galvano) – Relating to Public Notice of Pollution requires DEP to establish and publish a list of substances that, at a quantity determined by DEP, pose an immediate and substantial risk to public health, safety, and welfare.  An owner or operator of an installation where a reportable release of a listed substance occurs must provide notice to DEP within 24 hours of discovery.  The notice must include specific details about the nature of the release, as outlined in the bill. The bill also directs DEP to publish all notices within 24 hours of receipt, as well as maintain e-mail lists to notify the public.  The bill creates a $10,000 per day fine for installation owners and operators in violation of the notice requirements.  SB 532 has not yet been referred to committees.

HB 285 (Rep. Fine) – Relating to Septic Tank Inspections would remove the prohibition on local governments requiring evaluations of septic systems at the point of sale in real estate transactions, and would instead require inspection of septic tanks at the point of sale.  The bill does not specify which entity or entities are responsible for the costs of inspection.  Failing septic systems are known to contribute to water quality problems and excessive nutrients in the state’s water bodies. 

HB 551 (Stone) – Relating to Septic Tank Remediation Plans $20 million annually to offset property owner costs incurred by retrofitting septic systems that are determined by DEP to be contributing excess nutrient pollution to the Indian River Lagoon and Caloosahatchee and St. Lucie estuaries, or connecting properties to sewer systems, and for muck dredging and stormwater improvements in the northern Indian Lagoon.

The bill directs DEP, DOH, local governments, and wastewater utilities to develop septic system remediation plans, as part of a basin management action plan (BMAP), if DEP determines that such is necessary to achieve a total maximum daily load. The DEP is permitted to identify priority geographic focus areas.  The DEP is the lead agency in coordinating the preparation and adoption of a plan.

SB 10 (Bradley) –  Relating to Water Resources outlines a plan for the South Florida Water Management District to purchase 60,000 acres of land for a water storage reservoir south of Lake Okeechobee to reduce freshwater discharges into the St. Lucie and Caloosahatchee estuaries.  The bill directs SFWMD to seek out willing property sellers within the Everglades Agricultural Area; however, if willing sellers do not come forward by December 2017, the SFWMD, in coordination with the US Army Corps of Engineers, must begin a planning study for the project by October 1, 2019.

FAC Contact
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ sharbin@fl-counties.com

2017 EMERGING LEGISLATIVE ISSUES
The following information provides an update regarding legislation that may significantly impact Florida’s counties.

1. Super Preemption – Laura Youmans (lyoumans@fl-counties.com)

HB 17 (Rep. Fine) - Relating to Local Regulation Preemption:

The bill proposes that as of January 1, 2017, no local government would be able to adopt or impose a new regulation on a business, profession, or occupation, unless expressly authorized by general law, by preempting regulation of businesses to state.   Regulation includes rule or regulations, licenses, permits, and fees.  Existing regulations would expire January 1, 2020.  The bill also requires that any change to an existing regulation would be to repeal or reduce the regulation.

2. Cell Towers – Eric Poole (epoole@fl-counties.com)

SB 596 (Sen. Hutson) / HB 687 (Rep. La Rosa) - Relating to Utilities:

The bill, among other technical provisions, prohibits DOT & local governmental entities from regulating/prohibiting collocation of small wireless facilities in public rights-of-way.

3. Firefighters – Lisa Hurley (lhurley@fl-counties.com)

SB 158 (Sen. Latvala) / HB 143 (Rep. Fitzenhagen) - Relating to Firefighters:

The bills create a presumption that certain types of cancers causing partial or total disability to or the death of a firefighter were contracted in the line of duty unless competent evidence is shown to the contrary.  It seeks to increase the FRS rate for Special Risk Class employees by 0.01 percentage point to fund the benefit change.  FAC is currently working to determine the fiscal impact to local governments associated with the bill.


The senate bill (SB 158) has already been passed by its first committee of reference with a unanimous vote.
 

4. Civil Citation Program for Juveniles – Lisa Hurley (lhurley@fl-counties.com)

SB 196 (Sen. Flores) / HB 205 (Rep. Ahern) - Relating to Juvenile Civil Citation & Similar Diversion Programs:

The bill requires that every county establish either a juvenile civil citation program or other “similar diversion program” and mandates law enforcement use one of the programs in lieu of arrest for certain misdemeanor offenses (but still permits law enforcement to issue a simple warning in lieu of cc or diversion).

The senate bill (SB 196) has already been passed by its first committee of reference.

5. Concealed Weapons – Lisa Hurley (lhurley@fl-counties.com)

SB 626 (Sen. Stuebe) - Relating to Concealed Weapons or Firearms:

The bill removes prohibition from carrying a concealed weapon at a BOCC meeting. The bill has not been assigned committees of reference as of yet.

6. Ethics - Laura Youmans (lyoumans@fl-counties.com)

PIEC3 (Public Integrity & Ethics Committee) - Relating to Local Government Ethics: 
The proposed bill language would establish a statewide local lobbyist registration system.  Additionally, the proposed bill language would propose further restrictions upon local public officials when conflicts of interest arise.  


The bill will be heard in the Public Integrity & Ethics Committee meeting on Tuesday, February 14th, 2017.


7. Local Referenda – Laura Youmans (lyoumans@fl-counties.com)

HB 139 (Rep. Ingoglia) / SB 278 (Sen. Stuebe) - Relating to Local Tax Referenda:

The current version of the bill maintains the current passage threshold at 50% for general elections.  However, the current draft does not include language maintaining ability to utilize non-general elections that was included in the final bill last year.    Rep. Ingoglia has indicated a willingness to work with us to go back to language from last year allowing referendums during primary elections at a 60% threshold.

8. UBER - Eric Poole (epoole@fl-counties.com)

SB 340 (Sen. Brandes) / HB 221 (Rep. Sprowls) - Relating to Transportation Network Companies

The bill provides for the preemption of the regulation of transportation network companies to the State.

The House bill passed its first committee of reference almost unanimously (1 no vote).