Florida League of Cities, Inc.
Legislative Bulletin
Volume 36 - Final Issue: April 30, 2010

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Words from the Legislative Director

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Words from the Legislative Director
The Legislature adjourned on Friday evening. Major bills that passed are summarized below. A complete listing of bills that passed or failed will be available at the end of May in the League’s Final Report. If you want to view the full text of a bill that has passed please be sure to view only the “Enrolled” (ER) version of the bill.
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Major Bills That Passed

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Building Safety (Watch)
CS/CS/CS/HB 663 (Aubuchon) adds a fee to the nonbinding interpretation process, a program that has been of great assistance to building departments and the construction community. The bill was amended to lower this fee from $250 to $125 and also now include the fire hydrant clarification language supported by the League found in HB 629 (Burgin) and SB 1136 (Crist). In addition, the bill weakens the Florida Building Code by allowing battery-powered carbon monoxide detectors to be installed in certain buildings. Also, CS/CS/SB 663 changes how monies that fund the Building Code Administrators and Inspectors Fund are derived.
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Cameras at Red Lights (Support)
CS/CS/HB 325 (Reagan) clarifies local government authority to use cameras at intersections to enforce traffic laws. CS/CS/HB 325 preempts the use of cameras to the state and authorizes the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to install traffic infraction detectors on state roads. Local governments can install cameras on state roads only if they receive a permit from the Florida Department of Transportation (FDOT). Cities are required to reach an interlocal agreement with a county to install cameras on county roads.
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Community Residential Homes Planned Unit Developments (Watch)

SB 1166 (Altman) provides that certain types of community residential homes may be located less than 1000 feet apart under specified conditions. A local government may not deny a permit for such homes based solely on the type of residents that may live within such homes. The bill requires that planned residential communities may not be located within 10 miles of another such community.

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Department of Transportation (Watch)
CS/CS/CS/HB 1271 (Horner) is a comprehensive transportation package that repeals and revises various definitions within the Florida Transportation Code. Among other things the bill directs the Florida Department of Transportation (FDOT) 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. Also included in the bill is language that authorizes FDOT and local governments to issue permits to certain overweight trucks in order for those trucks to utilize state and local roads.
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Economic Development and Environmental Permitting Streamlining (Watch)
SB 1752 (Senate Policy and Steering Committee on Ways and Means) creates and reinstates several Florida business tax exemptions and tax credits, the Qualified Target Industry incentive program, and other economic development-related statutes in an effort to create jobs in Florida. The bill provides for a matching grant program for local governments to attract, expand or retain small businesses in Florida. The bill also requires local governments that contract with an economic development agency to submit a report on such activities to the state. In addition, the bill requires cities and counties to report annually to the state any economic development incentives valued greater than $25,000 that are given to specified business during the year.
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Fire Safety Inspections (Support)
SB 1136 (Crist) clarifies existing law giving cities and counties the authority to use specially designated employees to inspect hydrants in accordance with standards adopted by the State Fire Marshal or the standards of the American Water Works Association (AWWA). If a local government out-sources such inspections, it is required to use certified fire safety inspectors. This language is also present in CS/CS/CS/HB 663 (Aubuchon) and CS/SB 648 (Bennett).
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Florida Forever Trust Fund (Watch)

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Health Clinic Regulation (Support)
CS/SB 2272 (Fasano) requires all privately owned pain-management clinics or offices that primarily engage in the treatment of pain by prescribing or dispensing medications, to register their businesses with the Department of Health. Clinics which are primarily involved in the practice of chiropractic medicine are exempted. A practitioner, as defined under the bill, is prohibited from dispensing more than a 72 hour supply of medications.
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Leave of Absence/Military Service (Oppose–Unfunded Mandate)
CS/SB 464 (Fasano) increases the number of working days from 17 to 30 (or up to 240 hours) to be granted as a paid leave of absence to state and local government officers or employees engaged in military training.
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Middle School Civics Education Assessment (Support)
CS/HB 105 (McBurney) requires a one semester civics education course for middle school students and end of course exam which will be used in determining the student’s final grade.
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Prompt Payment/Retainage (Oppose)
CS/HB 1157 (Eisnaugle) amends existing provisions relating to prompt payment and retainage in contracts between local governments and contractors. The bill specifies the final contract completion date must be at least 30 days after final delivery of any “punch” list items and requires the contract date be extended by the number of days the “punch” list late.
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Public Safety Telecommunicators/E911 (Watch)
CS/CS/CS/SB 742 (Detert) provides all 911 operators must be certified by a training program approved by the Department of Health. The bills expand the allowable uses of E-911 trust fund dollars to include certification of dispatchers and allows for local governments to train dispatchers. CS/CS/CS/SB 742 was amended to extend the deadline in the bill to October 1, 2012.
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Public Road Construction (Support)
CS/CS/SB 1842 (Bennett) requires the Florida Department of Transportation (FDOT) to notify all affected municipalities and counties at least 180 days prior to erecting median barriers on the state highway system which will divide a state highway, modify currently available vehicle turning movements, or have the effect of closing or modifying an existing access connection. The FDOT is required to hold a public hearing to solicit input from the public regarding the impact of the project and must consider the public input and alternatives offered by the local government before concerning final design.
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Recycling (Watch)
HB 7243 (House General Government Policy Council) is comprehensive bill dealing with a variety of recycling-related issues. HB 7243 requires all city, county, state entities, public schools to report their recycling rates on all recyclable material to the applicable county. Fiscally constrained cities or municipalities of special financial concern defined in the bill are exempt from those reporting requirements.
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Sexual Offenders and Predators (Watch)
CS/CS/HB 119 (Glorioso) defines “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. Earlier versions of the bill preempted these local government residency exclusion ordinances.
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Sovereign Immunity (Oppose – Unfunded Mandate)
CS/SB 2060 (Bennett) changes the current law on sovereign immunity and increase the waivers from $100,000/$200,000 to $200,000/$300,000 effective October 1, 2011. The current law waivers of sovereign immunity are $100,000 for any individual claim or judgment and $200,000 for all claims or judgments arising out of the same incident. (Issue Brief)
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Underground Facility Damage Prevention and Safety (Watch)
CS/CS/SB 982 (Bennett) clarifies the existing state preemption related to underground utilities.
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Water Quality and Regulation (Watch)
CS/CS/CS/SB 550 (Constantine) is a comprehensive bill addressing a variety of water quality and water quantity issues. CS/CS/CS/SB 550 includes a non-substantive restructuring of Chapter 373, Florida Statutes to create a new Part VII relating to water supply policy, planning, production and funding. CS/CS/CS/SB 550 also partially repeals language passed during the 2009 Session regarding a water management district governing board’s power to delegate authority.
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