ACTION ALERT:  Super preemption bill (HB 17) to be heard in committee
  CALL Legislators, E-MAIL Legislators or COME to Tallahassee & share our local story

HB 17 (Rep. Fine) - Relating to local Regulation Preemption (Super Preemption) is scheduled to be heard on Wednesday, February 22, 2017 at 1:15 p.m ., in room 212 of the Knott Building at the capitol complex during a meeting of the House Careers and Competition Subcommittee.

In summary, the legislation proposes to preempt the home rule powers of local governments with regards to the regulation of businesses, professions, and occupations unless it is expressly authorized by the State.  The preemption is extended to associated regulatory, licenses, and/or permit fees.

This bill would have a massive impact on your home rule authority.  Now is the time to reach out to House committee members and share with them how your county has used regulations to help businesses and community; the importance of home rule and the impact this would have on the state with 67 counties and 412 cities constantly coming to Tallahassee to help local businesses.

FAC has prepared information to assist your county in advocating on behalf of this issue:
For more detailed discussion points, please click here.
Need help determining your local impact?  Click here.

What you can do:
  • Call House Members of the House Careers and Competition Subcommittee before noon (e.s.t) Wednesday, February 22, 2017 and share your local perspective. (See info below)

  • E-Mail Members of the House Careers and Competition Subcommittee before noon (e.s.t) Wednesday, February 22, 2017 and share your local perspective. (See info below
  • Show up & Share your story through public testimony at the scheduled meeting of the House Careers and Competition Subcommittee on Wednesday, February 22, 2017 at 1:15 p.m., in room 212 of the Knott Building at the capitol complex.

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

ACTION ALERT: Elimination of economic & tourism investments up in committee
  CALL Legislators, E-MAIL Legislators or COME to Tallahassee & share your story

Legislation proposing the elimination of Enterprise Florida and Visit Florida (HB 7005) has been  scheduled to be heard on Tuesday, February 21, 2017 at 1:00 p.m ., in room 212 of the Knott Building at the capitol complex during a meeting of the House Appropriations Committee.

During the development of FAC’s 2017 Legislative Priorities, the FAC membership adopted as a priority the support of economic incentives as a tool to increase job growth and local economies.  For FAC's complete policy statement on economic development, please click here.

Hard evidence of the success of economic incentives and tourism investments exist within your county and we encourage you to share our stories of local successes involving the cooperation of local government and Enterprise Florida, Inc. and Visit Florida. Counties can show their support for maintaining these agencies by expressing personal stories of how services and opportunities provided by Enterprise Florida, Inc. and Visit Florida have made a difference in the areas of economic development, tourist attraction, and related local development in their respective jurisdictions.

Your local support and illustration of why these agencies are important to your county can be shared via three methods:
  • CALL MEMBERS of the House Appropriations Committee before noon (e.s.t) Tuesday, February 21, 2017 and share your local perspective. 
  • E-MAIL MEMBERS of the House Appropriations Committee before noon (e.s.t) Tuesday, February 21, 2017 and share your local perspective.
  • SHOW UP & SHARE your story through public testimony at the scheduled meeting of the House Appropriations Committee on Tuesday, February 21, 2017 at 1:00 p.m., in room 212 of the Knott Building at the capitol complex.

FAC Contact
To learn more about this issue and related legislative information contact Eric Poole via email @ [email protected] .  
FAC Priority: Opioid Epidemic

Recently, a stakeholders meeting was held with Senator Passidomo (SB 588) and Rep. Rommel (HB 249) on their mandatory drug overdose reporting bills.  The bills would require counties to create a reporting system to log all overdoses within the county.  FAC meet with legislative staff  to discuss ways to mitigate any fiscal impact to local communities by using existing reporting systems.

Last week, Palm Beach County Commissioner Melissa McKinlay traveled to Tallahassee to meet with the Governor’s staff to follow up on a previous request for the Governor to declare a public health emergency over the current opioid crisis.  Read more here .

Legislation
Bills filed to date attempting to deal with the epidemic include:
  • SB 558 (Sen. Passidomo) / HB 61 (Rep. Lee, Jr) pertaining to treatment one should receive if hospitalized for an unintentional overdose;
  • SB 588 (Sen. Passidomo) / HB 249 (Rep. Rommel) related to the mandatory reporting of drug overdoses
  • SB 150 (Rep. Steube) / HB 477 (Rep. Boyd) 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 @ [email protected]

FAC Priority: Medical Marijuana 

During the week of February 13th, 2017, FAC staff met with Sen. Brandes’ staff and Leader Rodrigues to discuss medical marijuana legislation.  FAC reinforced our position to preserve local regulatory authority over the zoning of facilities and the ability to ensure that the operations comply with building code and fire safety regulations.  FAC will be providing language to both offices that address these issues, and will be meeting with Sen. Bradley’s office this week.

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. 

The Florida House has yet to release their bill pertaining to medical marijuana.

For a complete analysis of medical marijuana legislation or more information please visit our webpage.
 
FAC Contact:
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ [email protected]
FAC Priority: Tax Reform & Economic Development 

COMMITTEE HEARING Tuesday in Senate Community Affairs
Implementing Solar Amendment #4 - 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. 

Sales Taxes on Commercial Leases - Rep. Ahern has filed HB 223 and Sen. Perry has filed SB 838 , 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.

COMMITTEE HEARING Wed in Senate Appropriations Subcommittee on Finance & Tax (SB76)
COMMITTEE HEARING Tuesday in House Ways and Means Committee (HB 21)
10% Assessment Limit on Non-Homestead Property - Sen. Lee has filed SB 76 (Joint Resolution) and Rep. Burton has filed HB 21 (Joint Resolution) to continue the existing 10 % increase limit on assessments for non-homestead property. 

Local Business Taxes - 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.

Property Taxes - SB 272 (Sen. Hutson) / 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 @ [email protected]
FAC Priority: Comprehensive Water Reform

Recently, Sen. Simmons filed SB 816 relating to Central and Southern Florida Project for Flood Control and Other Purposes.  The proposed legislation provides an alternative plan to the Senate President’s priority which is represented in SB 10 (Bradley) / HB 761  (Rep. Altman) –  Relating to Water Resources, which 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.  The alternative plan would include expediting current projects by the Army Corp of Engineers to fix the Herbert Hoover Dike so that it can hold up to  more feet of water, thereby lessening the need for harmful discharges south of the lake.

Legislation
  • SB 532 (Sen. Galvano) – Relating to Public Notice of Pollution
  • HB 285 (Rep. Fine) – Relating to Septic Tank Inspections
  • SB 874 (Sen. Young) / HB 551 (Stone) – Relating to Septic Tank Remediation Plans
  • SB 10 (Sen. Bradley) / HB 761 (Rep. Altman) –  Relating to Water Resources

FAC Contact: 
For more information on comprehensive water reform legislation, please click here.
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ [email protected]
FAC Priority: Beach Re-nourishment


There has been no legislation filed yet.  

FAC has prepared a webpage with information regarding the background and history on beach re-nourishment.  To view that information, please click here.

FAC Contact:
To learn more about this issue and related legislative information contact Susan Harbin, Esq. via email @ [email protected]

Other Legislative Issues of Note

The following provides information regarding legislation that may significantly impact Florida’s counties.

Cell Towers –   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. Eric Poole ([email protected])

Firefighters –  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. Lisa Hurley ([email protected]

Civil Citation Program for Juveniles – 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. Lisa Hurley ([email protected])

    Concealed Weapons – 
    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.

    SB 908 (Sen. Baxley) / HB 803 (Rep. Hahnfeldt) - Relating to Licenses to Carry Concealed Weapons or Firearms:
    This legislation would remove restrictions on places where persons could carry concealed weapons including courthouses and county commission meetings. Lisa Hurley ([email protected]

    Ethics - PIEC3 (Public Integrity & Ethics Committee) - Relating to Local Government Ethics: 
    The proposed bill language, which passed the Public Integrity & Ethics Committee Tuesday, 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.  Laura Youmans ( [email protected] )

    Local Referenda – 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. Laura Youmans ([email protected]

    COMMITTEE HEARING, Tuesday in the House Government Accountability Meeting
    UBER     -  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).  

    Sentencing – HB 157 (Rep. Burgess) - Relating to Sentencing:
    The current version of the bill authorizes certain offenders to be sentenced to county jail for up to 24 months if the county has a contract with the Department of Corrections.  The bill requires that funding for all contracts be specifically appropriated by the legislature.  The bill was heard on February 15, 2017 and passed by the House Criminal Justice Subcommittee (13 - 1).  FAC supports this legislation in its current format. Lisa Hurley ([email protected])

    Workers’ Compensation for First Responders –   SB 516 (Sen. Perry) - Relating to Workers’ Compensation Benefits for First Responders:
    The bill removes limits to current workers’ compensation benefits for first responders and provides that mental or nervous injuries are compensable under law. Lisa Hurley ([email protected])