Welcome to Issue 2 of the 2010 Legislative Bulletin

Source: Rebecca O'Hara

In addition to the Legislative Bulletin, we are pleased to provide real-time legislative updates through our Facebook and Twitter pages. Follow the League at FLC on Facebook and http://twitter.com/homerulechk. MORE>

Local Government Expenditures and Issue Campaigns (Support)

HB 1207 ( McKeel) is a broad bill relating to electioneering communications and it contains provisions identical to SB 1928 (Bennett) clarifying a law passed last year prohibiting a local government from spending public funds to advocate in issue campaigns. HB 1207 clarifies that the use of “public funds” means to make either a specific appropriation or designated expenditure to fund an advocacy position; removes references to “electioneering communications” from the law; and clarifies that any local government official, not just elected officials, may express an opinion on any issue at any time. HB 1207 has passed the House Governmental Affairs Policy Committee and is in the House Economic Development and Community Affairs Council. MORE>

Nonhomestead Property Assessment Limit; Additional Homestead Exemption (Oppose - Unfunded Mandate)

SB 1254 (Fasano) and HB 655 (Domino) propose a constitutional amendment that will provide an additional homestead exemption in the amount of 50% of the just value of the property for properties that are established as a homestead within one year of purchase. The exemption is valid for 5 years and is reduced by 20% each year. Further, the bill limits the property to only one of the available homestead exemptions. The bill also reduces maximum annual increase in assessed value for nonhomestead property from 10% to 5%. MORE>

Local Government Revenue Intercept Act (Support)

SB 1130 (Constantine) and HB 967 (Gonzalez) are designed to offer a voluntary process for cities and counties to improve their credit rating when issuing bonds. The bills provide a process to back bond repayments by authorizing the state Department of Revenue to intercept certain funds when bond payments are not timely met. SB 1130 passed the Senate Community Affairs Committee and has been referred to the Senate Governmental Oversight and Accountability Committee. HB 967 is in the House Finance and Tax Council. MORE>

TABOR (Oppose – Unfunded Mandate / Preemption)

SB 2420 (Haridopolos) proposes an amendment to the state constitution that would cap all future state and local budgets at the 2010-2011 levels. The bill would also require voter approval of all new or increased taxes and fees. SB 2420 has not yet been referred. MORE>

State Housing Trust Fund Cap (Support)

CS/HB 665 (Aubuchon) removes the $234 million cap on the State Housing Trust Fund and provides that for 2010-2011, all trust fund monies shall be used for financing of existing housing stock. The bill also provides direction to the Florida Housing Finance Corporation to include strategies that will improve housing opportunities for persons with special needs. CS/HB 665 passed the House Military and Local Affairs Policy Committee and has been referred to the House Full Appropriations Council on Education and Economic Development. MORE>

Community Redevelopment (Watch)

SB 126 (Bullard, L.) and HB 381 (Bullard, D.) expand the definition of the term “blighted area” to include land previously used as a military facility. SB 126 passed the Senate Military Affairs and Domestic Security Committee and has been referred to the Senate Finance and Tax Committee. HB 381 is in the House Military and Local Affairs Policy Committee. MORE>

Condominiums (Watch)

HB 561 (Bogdanoff) extends by 5 years (from 2014 to 2019) the deadline for required completion of sprinkler system retrofits in condos. The bill also exempts condominiums of three stories or less from installing a manual fire alarm as required by the Florida Fire Prevention Code. HB 561 passed the House Civil Justice and Courts Committee and the House Insurance, Business and Financial Affairs Committee and is now in the House Criminal and Civil Justice Policy Council. MORE>

Construction Bonds (Watch)

CS/SB 1048 (Baker) and HB 693 (Plakon) prohibit the authority issuing a building permit from inspecting the property being improved until certain documents have been filed and the information in the notice of commencement meets certain standards. CS/SB 1048 passed the Senate Regulated Industries Committee and has been referred to the Senate Community Affairs Committee. HB 693 has been referred to the House Governmental Affairs Policy Committee. MORE>

Fire Code - Condos (Watch)

CS/SB 1196 (Fasano) exempts condominiums that are one or two stories in height with an exterior egress corridor from installing a manual fire alarm system. CS/SB 1196 contains a provision noting that flagpoles and other displays are subject to all building codes and local government regulations. CS/SB 1196 passed the Senate Regulated Industries Committee and has been referred to the Senate Banking and Insurance Committee. MORE>

Building Safety (Watch)

CS/HB 663 (Aubuchon) and SB 648 (Bennett) add a fee to the nonbinding interpretation process, a program that has been of great assistance to building departments and the construction community. In addition, the bills allow for battery-only carbon monoxide detectors. CS/HB 663 passed the House Insurance, Business and Financial Affairs Policy Committee and has been referred to the House Military and Local Affairs Policy Committee. SB 648 is in the Senate Banking and Insurance Committee. MORE>

Expedited Permitting (Watch)

SB 1126 (Altman) and HB 773 (Kreegel) transfer existing authority over expedited permitting and comprehensive plan amendments for certain qualified businesses from the Governor’s Office of Tourism, Trade, and Economic Development to the Secretary of Environmental Protection and reduces the number of jobs that are required to be created by an eligible business to qualify for expedited processes. The bills also add certain renewable energy projects to the list of businesses that are eligible to be considered for expedited permitting. SB 1126 passed the Senate Environmental Preservation and Conservation Committee and has been referred to the Senate Community Affairs Committee. HB 773 is in the House Economic Development Policy Committee. MORE>

Florida Forever Trust Fund (Watch)

SB 1640 (Fasano) re-creates said trust fund within the DCA. It also reenacts and amends a specified provision relating to said trust fund. SB 1640 provides for sources of funds and purposes for the annual carry forward of funds. It provides for future review and termination or re-creation of the trust fund. MORE>

Docks/Proof of Self-Certification to Local Governments (Watch)

SB 1118 (Altman) and HB 1239 (Patronis) authorizes the placement of roofs on certain residential single-family docks within aquatic preserves. Local governments are prohibited from specifying the method or form for documenting that a project meets state self-certification requirements for certain permits. SB 1118 passed the Senate Environmental Preservation and Conservation Committee and has been referred to the Senate Community Affairs Committee. HB 1239 has not been referred to a committee. MORE>

Landfills (Watch)

CS/HB 569 (Poppell) and SB 1052 (Gaetz) authorize certain Class I landfills designed to use an active gas collection system to accept yard trash for disposal. CS/HB 569 passed the House Agriculture and Natural Resources Policy Committee and has been referred to the House Military and Local Affairs Policy Committee. SB 1052 has been referred to the Senate Environmental Preservation and Conservation Committee. MORE>

Water Protection and Sustainability Trust Fund (Watch)

HB 307 (Boyd) and SB 604 (Dean) expand the types of projects eligible for funding from the Water Protection and Sustainability Program for projects within the Northwest Florida and Suwannee River Water Management Districts. HB 307 passed the House Agriculture and Natural Resources Policy Committee and has been referred to the House General Government Policy Council. SB 604 has been referred to the Senate Environmental Preservation and Conservation Committee. MORE>

Limestone Mining (Watch)

CS/HB 617 (Bembry) and SB 1338 (Dean) eliminate the existing method for determining the ratio of mitigation-to-wetlands loss in limestone and sand mining operations. The bills also specify that financial responsibility for mitigation for activities associated with extraction of limestone are subject to approval by DEP. Finally, the bills authorize limestone mine operators to apply for life-of-the-mine permits. The bills apply retroactively to any permit issued after September 1, 2009. MORE>

Tax Collections, Sales, and Liens (Oppose - Unfunded Mandate - Preemption)

SB 664 (Altman) and HB 265 (Reagan) provide changes to the process by which tax deed certificates are bought and sold. Further, the bills provide that code enforcement liens survive tax deed certificate sales only as to the principal of the lien. SB 664 passed the Senate Community Affairs Committee and has been referred to the Senate Finance and Tax Committee. HB 265 has been referred to the House Economic Development and Community Affairs Policy Council. MORE>

Tax on Sales, Use, and Other Transactions (Watch)

CS/SB 366 (Wise) and HB 187 (Rouson) require a tax of 25% to be charged on pipes or other devices used for smoking. CS/SB 366 passed the Senate Regulated Industries Committee and has been referred to the Senate Criminal Justice Committee. HB 187 has been referred to the House Finance and Tax Council. MORE>

Expanded Property Tax Discount/Disabled Veterans (Watch)

HB 313 (Holder) and SB 196 (Aronberg) expand the property tax discount to disabled veterans who were not Florida residents at the time they enlisted in the military. HB 313 passed the House Finance and Tax Council and has been referred to the House Economic Development and Community Affairs Policy Council. SB 196 has been referred the Senate Military Affairs and Domestic Security Committee. MORE>

Local Government Accountability (Watch)

CS/SB 690 (Dean) makes numerous changes to the budget process and other laws relating to cities, counties, special districts and other governmental entities. The bill revises provisions relating to the preparation or amendment of city budgets, specifies the level of detail for each fund in the budget, and requires budgets to be posted on the website of the city (if the city does not have a website, the budget is to be posted on the county’s website). The bill revises the schedule for submitting a local governmental entity’s audit and annual financial reports to the Department of Financial Services. The bill also revises the timeframe for completing a local governmental entity’s annual financial audit to be filed with the Auditor General. MORE>

Department of Revenue (Watch)

SB 1976 (Altman) specifies the duration of liens filed to secure payment of unemployment taxes and specifies tax deed and other instruments of real property do not apply to property sold pursuant to a short sale. It also provides that transient lodging facilities are not eligible for an exemption from communications services taxes. SB 1976 passed the Senate Commerce Committee and has been referred to the Senate Banking and Insurance Committee. MORE>

Rental Property Foreclosure and Short Sale Actions (Watch)

HB 125 (Rogers) and SB 854 (Sobel) require mortgagors to provide notice to lessees or tenants of potential foreclosure or short sale actions, and provide a first right of refusal to lessees or tenants to purchase said property at fair market value. The bills provide penalties for closing or relocation costs for failure to comply with notice requirements. HB 125 died in the House Civil Justice and Courts Policy Committee. SB 854 has been referred to the Senate Judiciary Committee. MORE>

Excise Tax (Watch)

CS/HB 109 (Jenne) and CS/SB 234 (Senate Judiciary Committee) impose a tax on the consideration for “short sale” transfers of real property. The bill defines the term “short sale” and allows for the Department of Revenue to create criteria to determine when all parties are dealing with each other at arms length. CS/HB 109 passed the House Finance and Tax Council and has been referred to the House Criminal and Civil Justice Policy Council. SB 234 is in the Senate Finance and Tax Committee. MORE>

Cost Benefit Analysis of Legislation (Watch)

SB 1178 (Haridopolos) and HB 93 (Crisafulli/Hudson) would allow the President of the Senate or the Speaker of the House to call a special impact session of the Revenue Estimating Conference to consider both the costs and benefits of proposed legislation. SB 1178 passed the Senate Finance and Tax Committee and has been referred to the Senate Policy and Steering Committee on Ways and Means. HB 93 has been referred to the House Finance and Tax Council. MORE>

Regulation of Dangerous Dog Breeds (Support)

SB 1276 (Hill) and HB 543 (Thurston) remove a preemption in current law that restricts breed-specific regulations of dangerous dogs. SB 1276 passed the Senate Community Affairs Committee and has been referred to the Senate Agriculture Committee. HB 543 has been referred to the House Agricultural and Natural Resources Policy Committee. MORE>

Household Moving Services (Watch)

HB 199 (Weinstein) and SB 320 (Garcia) provide for a biennial review of mover and moving broker registrations and preempt local rules and ordinances which govern the transactions of movers that are created after January 1, 2010. HB 199 passed the House Military and Local Affairs Policy Committee and has been referred to the House Natural Resources Appropriations Committee. SB 320 has been referred to the Senate Commerce Committee. MORE>

Transfers of Right of Way by Deed (Watch)

HB 829 (Bovo) and SB 1004 (Gelber) authorize county commissioners to negotiate the lease of certain county property for a limited period of time, and authorize transfer of right–of-way between local governments by deed. HB 829 passed the House Military and Local Affairs Policy Committee and has been referred to the House Criminal and Civil Justice Policy Council. SB 1004 is now in the Senate Judiciary Committee. MORE>

Locksmith Services (Oppose -- Preemption)

CS/HB 301 (Anderson) and SB 658 (Crist) require a process and program by which locksmiths may be licensed. The bill preempts local government from regulating locksmith services. CS/HB 301 passed the House Agriculture and Natural Resources Policy Committee and has been referred to the House Public Safety and Domestic Security Policy Committee. SB 658 has been referred to the Senate Commerce Committee. MORE>

Transportation Concurrency (Oppose – Unfunded Mandate and Preemption)

SB 1742 (Bennett) addresses existing uncertainty over implementation of transportation concurrency exception areas (TCEAs) within dense urban land areas (DULAs) and removes any discretion from local governments designated as DULAs about whether to designate TCEAs. In addition, the bill prohibits local governments from imposing more stringent transportation mitigation requirements beyond that specified in the statute. The bill revises provisions relating to transportation concurrency backlog area and the use of increment financing. SB 1742 passed the Senate Community Affairs Committee with a strike everything amendment that removes objectionable provisions regarding TCEAs within DULAs. MORE>

Transportation Concurrency Exceptions (Watch)

SB 1518 (Altman) and HB 143 (Ray) include hangars for the assembly or manufacture of aircraft within a list of public transit facilities that are exempt from certain transportation concurrency requirements. SB 1518 passed the Senate Community Affairs Committee and has been referred to the Senate Transportation and Economic Development Appropriations Committee. HB 143 has been referred to House Military and Local Affairs Policy Committee. MORE>

Mobile Home Park Purchase (Watch)

CS/HB 513 (Horner) and CS/CS/SB 1016 (Jones) direct the Florida Housing Finance Corporation to provide incentives to assist mobile home owners to purchase their mobile home park and revise notice procedures when there is a proposed change in land use. CS/HB 513 passed the House Civil Justice and Courts Policy Committee and has been referred to the House Military and Local Affairs Policy Committee. CS/CS/SB 1016 is in the Senate Judiciary Committee. MORE>

Unemployment Compensation (Watch)

CS/CS/SB 1666 (Garcia) and CS/HB 7033 (Murzin) amend portions of the unemployment compensation statutes to extend benefits up to eight additional weeks. Extended benefits for former state and local government employees do not qualify for federal funding, and must be paid by the governmental entity. The cost estimate is approximately $180,000 from state funds and $433,000 from local government funds (which includes cities, counties, school districts, etc.). CS/HB 7033 passed the Legislature and has been approved by the Governor. MORE>

Disability Presumption Claims/Law Enforcement and Correctional Officers (Support)

CS/SB 212 (Oelrich) and CS/HB 123 (Patterson) provide conditions under which a law enforcement officer, correctional officer, or correctional probation officer who suffers from specified medical conditions and has materially departed from the prescribed treatment for that condition shall lose the disability presumption for workers’ compensation claims made after a specified date. These bills begin to provide a more balanced disability presumption for heart and lung conditions. CS/SB 212 passed the Senate Criminal Justice Committee and has been referred to the Senate Community Affairs Committee. CS/HB 123 is in the House Military and Local Affairs Policy Committee. MORE>

Property Tax Exemption/Renewable Energy (Watch)

SB 1206 (Bennett) would amend the Florida Constitution to authorize the legislature to provide a property tax exemption for renewable energy source devices on all real property and eliminates improvements made for wind resistance from consideration during the assessment of real property. SB 1206 passed the Senate Communications, Energy and Public Utilities Committee and has been referred to the Senate Community Affairs Committee. MORE>

Assessment of Residential Real Property (Watch)

HB 151 (Frishe), SB 1164 (Fasano) , SB 1380 (Senate Finance and Tax Committee), and SB 1410 (Senate Finance and Tax Committee) prohibit the value of renewable energy source devices and improvements made to residential real property to increase the property’s resistance to wind damage from being added to the property’s assessment for ad valorem tax purposes. HB 151 has been referred to the House Military and Local Affairs Policy Committee. SB 1164 has been referred to the Senate Community Affairs Committee. SB 1380 passed the Senate Community Affairs Committee and has been referred to the Senate Finance and Tax Committee. MORE>

Credit Information Reporting (Support)

HB 7017 (House Insurance, Business and Financial Affairs Policy Committee) provides that governmental entities are able to exchange credit history and credit scores information which is otherwise exempt from public records. HB 7017 passed the House Insurance, Business and Financial Affairs Policy Committee and has been placed on Second Reading in the House. MORE>

Confidential Business Information (Watch)

SB 310 (Dockery) provides that confidential business information which is held by an agency is exempt from public records requirements. It authorizes any person to petition a court for release of those records. SB 310 passed the Senate Commerce Committee and has been referred to the Senate Governmental Oversight and Accountability Committee. MORE>

Public-Private Transportation Facility bids (Watch)

SB 1142 (Fasano) and HB 745 (Ray) provide a public records exemption for sealed bids, proposals, or replies in response to an invitation to bid, a request for proposals, or an invitation to negotiate issued for construction of a public-private transportation facility. SB 1142 passed the Senate Transportation Committee and has been referred to the Senate Governmental Oversight and Accountability Committee. HB 745 has been referred to the House Governmental Affairs Policy Committee. MORE>

Sexual Offenders and Predators (Watch)

CS/HB 119 (Glorioso) and SB 1284 (Aronberg) define “loitering and prowling by certain offenders in close proximity to children” and list the penalties associated with said crimes. Current state law provides that convicted sex offenders cannot live within 1,000 feet of a school, day care center, park, playground, designated school bus stop, or place where children regularly congregate. Some cities have chosen to adopt residency exclusion ordinances beyond this statewide minimum distance. Both bills were amended this week to remove language preempting local government residency exclusion ordinances to the state. MORE>

Background Checks for Athletic Coaches (Watch)

HB 59 (Gibbons) and SB 150 (Ring) require the independent sanctioning authority of youth athletic teams to screen the background of current and prospective coaches through designated state and federal sex offender registries. The bill also disqualifies any current or prospective coach appearing on the registry from coaching. HB 59 passed the House Policy Council and is now in the House Criminal and Civil Justice Policy Council. SB 150 passed the Senate Criminal Justice Committee and has been referred to the Senate Community Affairs Committee. MORE>

Senior Services Special Districts (Watch)

SB 146 (Rich) and HB 153 (Pafford) provide authority and regulations for each county to create a special district to provide funding for senior services. SB 146 passed the Senate Children, Families and Elder Affairs Committee and has been referred to the Senate Finance and Tax Committee. HB 153 is in the House Military and Local Affairs Policy Committee. MORE>

Transportation Revenue Bond (Watch)

SB 1632 (Fasano) reenacts and amends a specified provision relating to the Transportation Revenue Bond Trust Fund within the Department of Transportation. The bill provides for future review and termination or re-creation of the trust fund. SB 1632 passed the Senate Transportation and Economic Development Appropriations Committee and is now awaiting action by the full Senate. MORE>

Transportation Governmental Bond (Watch)

CS/SB 1634 (Fasano) creates the Transportation Governmental Bond Trust Fund within the Department of Transportation. It provides for the purpose of the trust fund and sources of funds and for future review and termination or re-creation of the trust fund. CS/SB 1634 passed the Senate Transportation and Economic Development Appropriations Committee and is now waiting action by the full Senate. MORE>

Motor Vehicle Transactions (Watch)

SB 1182 (Crist) directs the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to adopt a uniform traffic citation to be used to enforce provisions that prohibit parking a motor vehicle on certain property for the purpose of displaying the motor vehicle as being for sale, hire, or rental. It provides that, under certain circumstances, a motor vehicle dealer is not required to apply for a certificate of title for a motor vehicle sold to a general purchaser who resides outside the state. SB 1182 passed the Senate Transportation Committee with technical amendments and has been referred to the Senate Community Affairs Committee. MORE>

Derelict Motor Vehicles (Watch)

SB 792 (Baker) revises requirements for disposition of a motor vehicle, recreational vehicle, or mobile home that is sold, transported, or delivered to a salvage motor vehicle dealer or a secondary metals recycler. It requires certificates of title to conform to specified provisions. SB 792 passed the Senate Transportation Committee and has been referred to the Senate Criminal Justice Committee. MORE>

Communications Services Taxes/Credit for Bad Debt (Watch)

SB 344 (Altman) and HB 281 (Schultz) authorize dealers to report a credit for bad debt by netting the credit against the tax due. SB 344 passed the Senate Finance and Tax Committee and has been referred to the Senate Community Affairs Committee. HB 281 has been referred to the House Finance and Tax Council. MORE>

Underground Facility Damage Prevention and Safety (Oppose - Preemption)

CS/SB 982 (Bennett) and CS/HB 691 (Murzin) clarify the existing state preemption related to underground utilities and prohibit local governments from enacting ordinances related to the regulation of underground utilities and Sunshine State One-Call. CS/SB 982 passed the Senate Communications, Energy and Public Utilities Committee and has been referred to the Senate Community Affairs Committee. CS/HB 691 passed the House Energy and Utilities Policy Committee after being substantially amended and has been referred to the House Civil Justice and Courts Policy Committee. MORE>

Prepaid Wireless Communications Service (Oppose – Preemption)

CS/SB 1202 (Bennett) and HB 163 (Gibbons) require sellers of prepaid wireless telecommunications services to collect a fee for the provision of E911 services. The bill also prohibits a local government from requiring a similar fee. CS/SB 1202 passed the Senate Communications, Energy and Public Utilities Committee and has been referred to the Senate Community Affairs Committee. HB 163 has been referred to the House Energy and Utilities Policy Committee. MORE>

Lifeline Telecommunications Services (Watch)

CS/SB 814 (Aronberg) and HB 235 (Williams) authorize commercial mobile radio service providers designated as eligible telecommunications providers to offer lifeline services. CS/SB 814 passed the Senate Children, Families and Elder Affairs Committee and has been referred to the Senate Policy and Steering Committee on Ways and Means. HB 235 has been referred to the House Energy and Utilities Policy Committee. MORE>

Agreements for Property Repairs Related to Reactive Drywall (Watch)

HB 1133 (Mayfield) and SB 2196 (Bennett) authorize property owners or condominium associations to enter into repair agreements with developers or contractors for properties affected by reactive drywall. If the terms of these agreements are completed, the condominium associations, owners, or future owners do not have a cause of action against the developer or contractor for damage to the property arising from prior use of reactive drywall or from the repairs, regardless of later government laws after the date of the agreement. HB 1133 has not been referred to a committee. SB 2196 has been referred to the following committees: Senate Regulated Industries Committee; Senate Judiciary Committee and the Senate General Government Appropriations Committee. MORE>

Seaports (Watch)

HB 963 (Ray) and SB 2000 (Ring) expand the definition of a “transportation project” to include additional specified sea port projects for contractual purposes, provide policies and regulations for economic development strategies relating to seaport commerce and authorize ports to request a notice of intent to issue certain permits from the Department of Environmental Protection. . MORE>

Rural Infrastructure Projects (Support)

HB 1067 (Bernard) and SB 1984 (Aronberg) revise provisions relating to rural infrastructure projects; authorizes the award of grants for a certain percentage of total infrastructure project costs for certain rural areas of critical economic concern. HB 1067 has been referred to the House Economic Development Policy Committee, House Agriculture and Natural Resources Policy Committee, House Transportation and Economic Development Appropriations Committee and the House Economic Development and Community Affairs Policy Council. SB 1984 has been referred to the Senate Commerce Committee, Senate Community Affairs Committee, the Senate Environmental Preservation and Conservation Committee, and the Senate Policy and Steering Committee on Ways and Means. MORE>

Public School Materials (Watch)

SB 1236 (Bennett) requires public K-12 schools, community colleges or state universities to print in publications the name of the publisher, source of payment for publication and cost of publishing and distributing the publication. SB 1236 has been referred to the Senate Education Pre-K-12 Committee and the Senate Higher Education Appropriations Committee. There is no House sponsor. MORE>

Charter Schools/Maximum Class Size (Watch)

SB 1762 (Thrasher) requires that charter schools comply with the same class size standards imposed on public schools. The bill also requires that the maximum class size be determined by the average size of classrooms. SB 1762 has been referred to the following committees: Senate Education Pre-K-12 Committee, Senate Education Pre-K-12 Appropriations Committee, and the Policy and Steering Committee on Ways and Means. MORE>

School-To-Work Programs (Watch)

SB 2042 (Wise) and HB 1041 (Adkins) create a school-to-work program to be operated in any public school district, Department of Juvenile Justice facility or charter school. SB 2042 has been referred to the following committees: Senate Education Pre-K - 12 Committee; Senate Governmental Oversight and Accountability Committee; Senate Finance and Tax Committee and the Senate Education Pre-K - 12 Appropriations Committee. HB 1041 has been referred to the House Pre K-12 Policy Committee, House Pre K-12 Appropriations Committee, and the House Education Policy Council. MORE>

Surface Water Quality (Watch)

SB 2056 (Oelrich) directs the Department of Environmental Protection to contract with the National Academy of Science for an evaluation of issues related to the establishment of numeric nutrient criteria for Florida’s surface waters. The bill also requires the DEP and the Department of Agriculture and Consumer Services to evaluate the sources and quantities of nutrients in surface water and provide a report to the Governor and Legislature by January 31, 2011. SB 2056 has been referred to the following committees: Senate Environmental Preservation and Conservation Committee; Senate Agriculture Committee; and the Senate General Government Appropriations Committee. MORE>

Agricultural Lands (Watch)

SB 2074 (Peaden) prohibits a county from adopting or enforcing any ordinance or policy to limit an activity of a bona fide farm operation on land classified as agricultural land if such activity is regulated through implemented best management practices, interim measures, or regulations of the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district as part of a statewide or regional program. MORE>

Petroleum Contamination and Cleanup (Oppose—Preemption)

SB 2592 (Baker) and HB 1385 (Poppell) amend existing law relating to contaminated petroleum sites. Of particular concern is language prohibiting local governments from denying development orders and permits on the grounds that a property is contaminated where the responsible party or property owner has not imposed certain controls relating to the contamination. The bills also amend the existing monitoring provisions for contaminated sites. Neither bill has been referred to any committee. MORE>

Model Ordinance For Fertilizer Use

HB 1445 (Nelson) and SB 2546 (Baker) revise existing law relating to local government regulation of urban fertilizers. The bills enumerate the potential components of a comprehensive program to address nonpoint source of pollution. SB 2546 requires local governments with impaired waterbodies to adopt the DEP model fertilizer ordinance within 6 months of an impaired waterbody being listed in the jurisdiction. All local governments that currently have impaired waterbodies must adopt the model ordinance by January 1, 2011. MORE>

Biodiesel Fuel (Watch)

HB 1065 (Precourt) and SB 1730 (Oelrich) provide a tax exemption and registration requirement for biofuels produced by secondary schools. HB 1065 has yet to be referred. SB 1730 has been referred to the following committees: Senate Higher Education Committee; Senate Finance and Tax Committee; Senate Policy and Steering Committee on Ways and Means. MORE>

Energy Improvement Districts (Support)

SB 2322 (Bennett) authorizes local governments to create energy improvement districts in order to finance energy efficiency improvements through voluntary special assessments. SB 2322 has not yet been referred. MORE>

Renewable Energy (Watch)

SB 2346 (Altman) requires investor owned utilities and authorizes municipal utilities to charge and collect a renewable energy fee to all retail customers to be used for development of renewable energy projects within the service area. SB 2346 has not yet been referred. MORE>

Surface Water Management (Watch)

HB 1175 (T. Williams) and SB 2238 (Richter) direct the Department of Environmental Protection (DEP) to amend existing rules relating to wetland mitigation to include a preference for the use of mitigation banks. The bills also require the DEP and water management districts to provide training and guidance for the application of the uniform mitigation assessment method. MORE>

Sewage Disposal Facilities

HB 1225 (Gibbons) and SB 2354 (Sobel) amend the ocean outfalls legislation adopted during the 2008 Session. The bills require facilities discharging domestic wastewater through ocean outfalls that divert flows for reuse purposes meet the 60 percent reuse requirement. The bills clarify that such reuse contributes to the reuse requirement of the facilities originally accepting the flows. Neither bill has been referenced to any committee. MORE>

Recycling (Watch)

HB 1559 (Rehwinkle-Vasilinda) directs Enterprise Florida, in cooperation with the Department of Environmental Protection, to create the Recycling Business Assistance Center by July 1, 2011. The Recycling Business Assistance Center will coordinate recycling efforts among state agencies and implement a plan for developing new recycling markets and provide grants, loans and incentives to enhance the use of recycling materials and products. The bill requires each county to reduce the amount of solid waste disposed in landfills by 50 percent in 2012 with continued reductions up to 75 percent in 2020. HB 1559 has not yet been referred to any House committee. MORE>

Water Resource Protection (Watch)

HB 1605 (Mayfield) requires cities and counties that to coordinate with the water management districts to conduct an evaluation of water resources that may be considered a primary source of water for the local government. The evaluation must determine if the water resources are adequately protected from pollution and land uses incompatible with their protection. If the local government determines that the water resource is not adequately protected, the local government is authorized to use water and sewer service charges to finance protective measures it deems appropriate. HB 1605 has not yet been referred to any House committee. MORE>

Stormwater Management (Watch)

SB 1748 (Bennett) requires the Department of Environmental Protection (DEP), in coordination with the water management districts, to develop a uniform statewide stormwater quality treatment rule by July 1, 2011. The bill establishes minimum levels of stormwater quality treatment necessary to achieve an 85% average annual reduction of nutrient load. For discharges to Outstanding Florida Waters or to impaired waters, the post development nutrient loads must be less than or equal to the estimated nutrient loads under natural conditions. SB 1748 has been referred to the following committees: Senate Environmental Preservation and Conservation Committee; Senate Community Affairs Committee; and the Senate General Government Appropriations Committee. MORE>

County Ordinance Enforcement (Watch)

SB 1980 (Aronberg) and HB 1301 (Rader) provide for a county to determine the amount of a fine for county ordinance violations that violate standards of conduct and disclosure requirements. SB 1980 has been referred to the following committees: Senate Community Affairs Committee, Senate Ethics and Elections Committee, and the Senate Criminal Justice Committee. HB 1301 has not yet been assigned to a committee. MORE>

Special Assessment for Local Government Services (Support)

HB 1091 (Waldman) and SB 1998 (Smith) authorize and provide municipalities guidelines to adopt a special assessment to fund law enforcement services. HB 1091 has not yet been referred. SB 1998 has been referred to the following committees: Senate Community Affairs Committee; Senate Criminal Justice Committee; Senate Finance and Tax Committee; Senate Policy and Steering Committee on Ways and Means. MORE>

Tourist Development, Transient Rentals, and Convention Development Taxes (Watch)

HB 1241 (Patronis) and SB 2436 (Gaetz) revise definitions and requirements related to tourist development, transient rentals, and convention development taxes. The bills also authorize the Department of Revenue to compensate counties for information relating to non-compliance with the collection of taxes by vendors. HB 1241 and SB 2436 have not received committee references. MORE>

Tax on Transient Accommodations (Watch)

SB 1950 (Gaetz) changes the method of calculation of taxes on transient accommodations and revises requirements relating to remission of those taxes to DOR. SB 1950 has been referred to the following committees: Senate Commerce Committee; Senate Community Affairs Committee Senate Finance and Tax Committee; Senate Policy and Steering Committee on Ways and Means. MORE>

Foreclosure Fees (Support)

HB 987 (Sands) requires that a financial institution which institutes a foreclosure action pay all fees associated with the property during the time of the foreclosure proceedings. The bill provides for retroactive application. HB 987 has been referred to the House Insurance, Business and Financial Affairs Policy Committee, House Civil Justice and Courts Policy Committee, and the House General Government Policy Council. MORE>

Tenant and Landlord Responsibilities During Foreclosure (Support)

SB 1778 (Aronberg) provides responsibilities for landlords following commencement of a foreclosure action. It provides for disclosure of foreclosure to prospective tenants and authorizes a tenant to terminate lease upon notice. SB 1778 has been referred to the Senate Judiciary Committee, Senate Banking and Insurance Committee, and the Senate Criminal and Civil Justice Appropriations Committee. MORE>

Government Liens (Oppose)

HB 1069 (Wood) and SB 2248 (Negron) preempt local governments from requiring lenders to file or register certain properties the bills require fines or liens to be recorded in order to constitute a property lien and prohibits local governments from imposing preconditions or limitations on alienation of certain property or foreclosure of certain mortgages or liens. HB 1069 has been referred to the House Military and Local Affairs Policy Committee, House Civil Justice and Courts Policy Committee, House Finance and Tax Council, and the House Economic Development and Community Affairs Policy Council. SB 2248 has not been referred to a committee. MORE>

Pain Management Clinics (Watch)

SB 2272 (Fasano) provides authority for the Florida Department of Health to establish regulation standards for pain management clinics and practitioners who prescribe, administer, or dispense specified dangerous controlled substances. SB 2272 has not yet been assigned to a committee. MORE>

Administrative Procedures Act (Watch)

SB 2140 (Joyner) requires an agency’s notice of rule development to include a statement of impact on small businesses and requires the agency to notify the Small Business Regulatory Advisory Council. SB 2140 has not yet been referred. MORE>

Distribution Of Ephedrine (Oppose--Preemption)

HB 1071 (Hays) preempts local government ordinances or regulations governing the marketing, sales and distribution of products containing ephedrine; prohibits obtaining or delivering to retail sales representatives any non prescription compound or mixture of ephedrine; provides penalties. HB 1071 has been referred to the House Health Care Regulation Policy Committee, House Criminal and Civil Justice Policy Council, House Full Appropriations Council on Education and Economic Development and the House Health and Family Services Policy Council. MORE>

Animal Control (Watch)

HB 1221 (Randolph) and SB 2372 (Rich) require that local governments which regulate animal cruelty and animal control shall impose an additional civil penalty on persons violating such regulations. The bills provide that proceeds from the additional penalty shall be remitted as follows: one dollar to the clerk of the court; five dollars for the training of animal control officers; and the remainder to offset costs associated with spaying and neutering dogs and cats that are voluntarily submitted by their owners. SB 2371 has not yet been assigned to a committee. MORE>

Honey Bees (Oppose—Preemption)

HB 1339 (Glorioso) preempts local government authority over beekeeping activities to the state. The bill gives the Department of Agriculture and Consumer Services (DACS) sole authority to regulate beekeeping, apiaries, and apiary locations. HB 1339 has been referred to the House Agriculture and Natural Resources Policy Committee; House Natural Resources Appropriations Committee; and the House General Government Policy Council. MORE>

Department of Agriculture

SB 2348 (Baker) is a comprehensive bill amending various powers, duties and responsibilities of the Florida Department of Agriculture. In addition, it exempts any sales of farm products directly to a consumer from state or local government licensing, certification or inspection requirements. The bill also imposes additional requirements on a local government before it can adopt any fertilizer ordinances more stringent than the model ordinance referenced in current law. For example, it requires a the local government to request and consider certain scientific data from various state agencies prior to adopting a more stringent fertilizer ordinance. MORE>

Federal Grant Opportunities (Watch)

SB 2032 (Detert) creates the Governor’s Office of Federal Revenue Maximization which is charged with coordinating federal grant opportunities in Florida. The bill provides for the Chief Financial Officer, the Governor’s Office of Federal Revenue Maximization and the Legislative Committee on Intergovernmental Relations to have direct access to the State-Federal Relations staff. SB 2032 has been referred to the following committees: Senate Governmental Oversight and Accountability Committee; Senate Finance and Tax Committee; Senate Policy and Steering Committee on Ways and Means and the Senate Rules Committee. MORE>

Unfunded Federal Mandates (Watch)

SB 2058 (Bennett) provides that the state is not bound by certain federal laws requiring the state to spend funds. It provides an exemption for federal laws with “insignificant fiscal impact”. SB 2058 has been referred to the following committees: Senate Judiciary Committee; Senate Policy and Steering Committee on Ways and Means and the Senate Rules Committee and there is no House companion. MORE>

Platted Lots Pilot Program (Support)

SB 2078 (Bennett) establishes a pilot program administered by the Department of Community Affairs (DCA) for the purpose of redeveloping antiquated subdivisions. The bill provides for the determination of density credits for each parcel of land within an antiquated subdivision. These credits can be transferred or sold from a “sending” zone to a “receiving” zone, essentially transferring these density credits to areas where the local government would like to encourage growth. A landowner who sells his or her density credit must then put the place the property in a perpetual conservation easement. MORE>

Brownfields Development (Watch)

HB 1177 (Williams, T.) allows local governments to waive concurrency requirements for certain brownfield sites and also allows for certain brownfield areas to be designated as transportation concurrency exception areas (TCEAs). The bill opens tax credits to businesses participating in brownfield site rehabilitation and also to those investing significant funds in brownfield areas that are creating new jobs in those areas. HB 1177 has been referred to the House Military and Local Affairs Policy Committee; House Finance and Tax Council; and the House Economic Development and Community Affairs Policy Council. MORE>

Homelessness Prevention Grant Program (Support)

HB 923 (Reed) establishes a homelessness prevention grant program and includes provisions and regulations for program. HB 923 has been referred to the House Health Care Services Policy Committee, House Roads, Bridges and Ports Policy Committee and the House Health and Family Services Policy Council. MORE>

Housing Grant Programs (Watch)

HB 7025 (House Insurance, Business and Financial Affairs Policy Committee) deletes the unfunded Citizens Property Insurance Corporation residential property structural soundness evaluation grant program. HB 7025 passed the House General Government Policy Council. MORE>

Determining Immigration Status (Watch)

SB 1880 (Detert) and HB 219 (Adams) provide requirements and procedures for determining immigration status for persons held in detention facilities by counties or cities. Also, the bills create the Florida Security and Immigration Compliance Act to prohibit agencies from entering into contracts with contractors who are not registered in a federal work authorization program by a specified date. SB 1880 has been referred to the following committees: Senate Governmental Oversight and Accountability Committee, Senate Criminal Justice Committee, Senate Judiciary Committee, Senate Higher Education Committee, and the Senate Policy and Steering Committee on Ways and Means. HB 219 has been referred to the House Governmental Affairs Policy Committee, House Policy Council, House Full Appropriations Council on Education and Economic Development, and the House Economic Development and Community Affairs Policy Council. MORE>

Public Retirement Plans

HB 1543 (Zapata) is a bill providing comprehensive public pension reform. HB 1543 is substantially similar to SB 1902 (see issue 1 of the 2010 Legislative Bulletin) but it does contain other unique provisions relating to the Florida Retirement System. The bill does provide that any elected official convicted of a crime, or who is forced to resign his or her office as a result of a plea bargain, shall forfeit any public pension benefit. HB 1543 has not yet been referred to committee.. MORE>

Public Officials/Salary and Bonus Limits (Oppose-Preemption)

SB 2282 (Storms) provides that any elected or appointed public official whose compensation from public funds in the 2009 – 2010 fiscal year was $65,000 or more shall be reduced by 5% for the 2010-2011 fiscal year. Also, such public officials may not receive a bonus for the 2010-2011 fiscal year. SB 2282 has not yet been referred to committee. MORE>

Homestead Assessments (Watch)

HB 927 (Kiar) and SB 1884 (Altman) provide that a transfer of homestead property to a surviving spouse or minor child is not a change of ownership for assessment purposes. HB 927 has been referred to the following committees: House Civil Justice and Courts Policy Committee; House Military and Local Affairs Policy Committee; House Finance and Tax Council. SB 1884 has been referred to the following committees: Senate Community Affairs Committee: Senate Finance and Tax Committee; Senate Education Pre-K – 12 Appropriations Committee; Senate Policy and Steering Committee on Ways and Means. MORE>

Real Property Assessment (Watch)

HB 965 (McKeel) and SB 2160 (Storms) require a property appraiser to adjust the value of a property for any defective building materials or construction techniques that require remediation. If the property is not marketable without remediation or repair, any improvements made to the property for remediation purposes must be valued at $0 for assessment purposes. HB 965 has been referred to the following committees: House Military and Local Affairs Policy Committee; House Finance and Tax Council; House Economic Development and Community Affairs Policy Council. SB 2160 has not yet been referred. MORE>

Reporting Illegal or Improper Homestead Exemptions (Watch)

SB 2040 (Detert) requires a property appraiser to pay up to a $500 reward to persons who report illegally obtained homestead exemptions if the property appraiser finds the report of the illegal exemption to be true. SB 2040 has not yet been referred. MORE>

Renewable Energy Property Tax Exemption (Watch)

HB 7005 (House Energy and Utilities Policy Committee) deletes obsolete provisions of law relating to property tax exemptions for renewable source energy devices. HB 7005 was approved by the House Finance and Tax Council and is now on the second reading calendar. MORE>

Assessment of Property for Back Ad Valorem Taxes (Watch)

HB 1279 (Rivera) and SB 2450 (Bennett) provide specific guidelines for when ad valorem taxes may not be charged and collected retroactively. Neither HB 1279 nor SB 2450 has received a committee reference. MORE>

Homestead Property Assessments/Cap (Watch)

HB 1329 (Bembry) would amend the Florida Constitution to allow the “Save Our Homes” benefit to inure to a surviving spouse, child or grandchild if that person makes the property his or her homestead. HB 1329 has not yet been referred. MORE>

Background Screening (Watch)

CCJP4 provides that no one can begin work with children, disabled adults, or adults over the age of 65 until a background screening is completed and the applicant is found to be qualified. CCJP4 has been submitted by the House Criminal and Civil Justice Policy Council as a proposed committee bill, but has not yet been referred to any committees. MORE>

Violation of Traffic Laws / Penalties (Watch)

SB 1604 (Smith) and HB 795 (Jones) allow for persons in violation of a traffic law to enter into a payment plan with the clerk of the court to pay the fines associated with said violation if that person’s ability to make the payments has changed. SB 1604 has been referred to the following committees: Senate Transportation Committee; Senate Community Affairs Committee; Senate Judiciary Committee; and Senate Transportation and Economic Development Appropriations Committee. HB 795 has been referred to the House Roads, Bridges and Ports Policy Committee; House Full Appropriations Council on Education and Economic Development; and the House Economic Development and Community Affairs Policy Council. MORE>

Community Corrections (Watch)

SB 2336 (Wise) requires each public safety coordinating council to cooperate with the local offender advisory council when preparing the comprehensive public safety plan. The bill also requires the creation of a local offender advisory council in each county and requires them to prepare, develop, and implement the comprehensive public safety plan. SB 2336 has not yet been referred to any committees. MORE>

Relating to Public Safety (Watch)

SB 1974 (Negron) and HB 951 (Snyder) require the Criminal Justice Standards and Training Commission to adopt rules requiring the demonstration of proficiency in firearms for all law enforcement officers. The bills authorize the policy board of the Florida Criminal Justice Executive Institute to charge fees for delivering criminal justice executive training. SB 1974 has been referred to the following committees: Senate Criminal Justice Committee; Senate Judiciary Committee; and the Senate Criminal and Civil Justice Appropriations Committee. HB 951 has been referred to the House Public Safety and Domestic Security Policy Committee; House Criminal and Civil Justice Appropriations Committee; and the House Criminal and Civil Justice Policy Council. MORE>

Smoking in Vehicles with Minor Passengers (Watch)

HB 1141 (Ambler) makes it illegal (secondary offense) for a driver of a vehicle to smoke while a minor under 16 years of age is present in the vehicle. HB 1141 has not yet been referred to a committee. MORE>

Community Development Districts (Watch)

SB 1990 (Baker) and HB 991 (Hays) revise the general powers of community development district boards by expanding their ability to exercise eminent domain power. SB 1990 has been referred to the Senate Community Affairs Committee and the Senate Judiciary Committee. HB 991 has been referred to the House Military and Local Affairs Policy Committee, House Civil Justice and Courts Policy Committee, House Finance and Tax Council, and the House Economic Development and Community Affairs Policy Council. MORE>

Property Of Special Districts (Watch)

HB 1095 (Pafford) authorizes local governments to assume special district indebtedness and receive title to special district property under certain circumstances. The bill requires referenda for merger or dissolution of a special district. HB 1095 has been referred to the House Military and Local Affairs Policy Committee, House Finance and Tax Council, and the House Economic Development and Community Affairs Policy Council. MORE>

Public Records (Watch)

SB 1340 (Ring) and HB 1313 (Thurston) provide public records exemption for donors or prospective donors of a donation for the benefit of a publicly owned performing arts center if the donor desires to remain anonymous. SB 1340 has been referred to the Senate Community Affairs Committee, Senate Commerce Committee, Senate Governmental Oversight and Accountability Committee, and the Senate Rules Committee. HB 1313 has been referred to the House Governmental Affairs Policy Committee, House Policy Council, and the House Economic Development and Community Affairs Policy Council. MORE>

Transportation Corporations (Watch)

HB 915 (Horner) and SB 2332 (Gardiner) repeal the “Florida Transportation Corporation Act.” That was created in 1988 to allow certain corporations authorized by the Department of Transportation (DOT) to secure and obtain right-of-way for transportation systems and to assist in the planning and design of such systems. The law, which has never been used by FDOT, contains various statutory provisions related to those corporations. HB 915 was passed unanimously by the House Economic Development and Community Affairs Policy Council and is now awaiting action by the full House. SB 2332 has not yet been referred to any Senate committee. MORE>

Department of Transportation (Watch)

HB 1271 (Horner) SB 2362 (Gardiner) and SB 424 (Bullard) are comprehensive transportation bills that repeal and revise various definitions within the Florida Transportation Code. Among those terms repealed or revised are “arterial roads”, “collector roads” and the definitions of “city streets”, “county road” and “State Highway System”. The bills direct the Florida Department of Transportation to develop and amend rules that provide for the placement of and access to certain electrical transmission lines on the right-of-way of department-controlled roads. The rules are to include provisions clarifying that the use of the limited access right-of-way for longitudinal placement of certain transmission lines is “reasonable” based upon consideration of certain economic and environmental factors. MORE>

Metropolitan Planning Organizations (Watch)

HB 1275 (Ray) and SB 2324 (Altman) make comprehensive revisions to existing laws governing Metropolitan Planning Organizations (MPOs). The bills amend the process for designating and redesignating and MPO and specifically require that the largest municipality within an MPO area is included within the boundaries of the MPO. MPO boundaries are to be reevaluated subsequent to each decennial census. The powers, duties and responsibilities of the MPOs are revised to provide for cooperation and consistency in planning within each MPO. MORE>

Public Road Construction (Support)

SB 1842 (Bennett)and HB 1331 (Abruzzo) prohibit the Florida Department of Transportation (FDOT) from designing, constructing or maintaining public streets, roads, highways, and bridges in a way that impedes the existing access of adjacent property owners. The FDOT is prohibited from dividing state highways or erecting median barriers in areas that are zoned for business use within a county or municipality without the approval of such activities by a majority vote of the governing body of the county or municipality. SB 1842 has been referred to the following committees: Senate Transportation Committee; Senate Community Affairs Committee; and the Senate Transportation and Economic Development Appropriations Committee. HB 1331 has been referred to the House Roads, Bridges and Ports Policy Committee; House Transportation and Economic Development Appropriations Committee; and the House Economic Development and Community Affairs Policy Council. MORE>

Transportation Funding (Watch)

SB 2432 (Smith) revises the existing funding formula to require that the Florida Department of Transportation commit a minimum of 25 percent (up from the current 15 percent) of all revenues deposited into the State Transportation Trust Fund for public transportation projects. MORE>

Municipal Electric Utilities (Oppose – Preemption / Unfunded Mandate)

HB 725 (Mayfield) removes the exemption from Public Service Commission Regulation for any municipal electric utility that has less than 45% of its retail sales within it municipal boundaries. HB 725 has been referred to the following committees: House Energy and Utilities Policy Committee; House Military and Local Affairs Policy Committee; House Government Operations Appropriations Committee; House General Government Policy Council. MORE>

County Water Systems and Sanitary Sewer Financing (Watch)

SB 1712 (Bennett) would to require a county commission to refund connection charges to water and wastewater systems if the charges are based on estimated capacity impacts and the actual impact is less than the impact estimated. The bill would also authorize a county commission to require repayment of connection charges if the estimate was less than the capacity that was actually impacted. SB 1712 has been referred to the following committees: Senate Community Affairs Committee; Senate Communications, Energy and Public Utilities Committee; Senate Finance and Tax Committee; Senate General Government Appropriations Committee. MORE>

Sale of Electricity (Watch)

HB 1217 (Troutman) and SB 2168 (Altman) would extend Public Service Commission regulation to wholesalers of electricity created pursuant to the Florida Interlocal Cooperation Act of 1969. Neither HB 1217 nor SB 2168 has received a committee reference. MORE>

Renewable Energy (Watch)

HB 1267 (Rehwinkel-Vasilinda) and SB 2404 (Bennett) require all retail electric utilities in the state to charge and collect a $0.25 monthly fee to be deposited in the Sustainable and Renewable Energy Policy Trust Fund to be used to promote renewable energy. Neither HB 1267 nor SB 2404 has received a committee reference. MORE>