WEEK SEVEN
April 15-19, 2019
Fans of the HBO series Game of Thrones were giddy with anticipation of this week’s premiere of the final season of the show. These fans are undoubtedly familiar with the phrase, “winter is coming.” In this fictional tale, “winter” is a metaphor for both the changing season and an ominous omen of warning and constant vigilance. The parallels of winter and summer are obvious. While summer generally brings memories of relaxation and longer days, winter necessitates preparation and diligence to ensure survival. 

The legislative session can often play out like a Game of Thrones episode. There are heroes, villains, cliffhanger endings and dragons (in this instance, legislation) that are killed off but suddenly reappear breathing ice instead of fire.

During week seven of the legislative session, it has become quite clear that “winter is here,” and folks in Tallahassee are fully preparing to hunker down to survive the next 14 days. Just as the Night’s Watch diligently protect the realm of men from the dangers north of the wall, your legislative advocates are diligently protecting Home Rule from the dangers in Tallahassee. 
WHAT HAPPENED THIS WEEK
Telecommunications Bill Further Strips Local Authority
CS/CS/CS/HB 693   (Fischer) was taken up and passed on Thursday, April 18 by the House Commerce Committee. The Senate companion,   CS/CS/CS/SB 1000 (Hutson), passed the Senate Appropriations Committee that afternoon. The bills repeal important agreed to provisions of the 2017 Wireless Facilities law which was ostensibly passed to hasten the implementation of 5G technology around the state. Both bills further strip cities of the ability to regulate the placement of communications equipment in public rights-of-way. The following provisions were added to the bill: requiring the small cell “shot clock” (time frame) to apply to all permit applications for communications facilities in local government rights-of-way;  significant relating to the registration process; removal of language from 2017 relating to undergrounding; extensive provisions on the placement of new poles in rights of way; attorneys fee provision to industry; and numerous new limitations on city/county authority in the permitting process/regulation of rights of way. The League is OPPOSED to these bills. (Hughes)
Community Redevelopment Agencies
This week, CS/SB 1054 (Lee) was heard in the Senate Appropriations Committee. The bill no longer has the provisions that cap administrative spending at 18% and provisions that required the creation a lobbying registration program for CRAs was previously removed. There is also no longer a prohibition on the expenditure of TIF funds on festivals, grants to promote tourism and grants to socially beneficial nonprofit entities. The bill continues to require a simple majority vote of the governing body that created the CRA if the CRA expiration date is beyond September 30, 2039. CS/SB 1054 does not contain any provisions related to the creation of new CRAs. The bill continues to increase audit, ethics, reporting and accountability measures for CRAs. The League is NEUTRAL on CS/SB 1054.
 
On April 17, the House companion bill CS/HB 9 (La Marca) passed the House floor 70-47 after lengthy debate. CS/HB 9 specifies that after October 1, 2019, a new CRA can only be created by a county-wide referendum in a primary or general election that requires the approval of two-thirds of the electors' votes to pass. The bill outlines a process by which all CRAs will be terminated by 2039 unless reauthorized by a two-thirds vote by the body that created the CRA. The League is OPPOSED to CS/HB 9.  (Cruz)
Attorney Fees Bill Passes Final House Committee
CS/CS/SB 1140 (Hutson) and CS/CS/CS/HB 829 (Sabatini) require courts to award attorney fees and costs against a local government if the local government's ordinance is determined by a court to have been preempted by state law. According to bill sponsors, the purpose is to deter "rogue" local governments that adopt or enforce ordinances in willful disregard of clear legislative preemptions. Both bills limit the fee awards to legal actions involving express legislative preemptions (rather than implied). CS/CS/SB 1140 differs from CS/CS/CS/HB 829 in that it would provide for an award of fees to the prevailing party (which could include the local government) in such challenges. The League OPPOSES the bills. CS/CS/SB 1140 is in the Senate Rules Committee. On April 16, CS/CS/CS/HB 829 passed the House Judiciary Committee 12-6. Special thanks to Representatives Diamond, Killebrew and Geller for their questions and debate on the bill. (O’Hara)
Bert Harris Act/Private Property Rights
This week, CS/HB 1383 (J. Grant) was amended in the House Judiciary Committee. This bill significantly amends the Bert J. Harris Act and substantially handicaps local government ability to resolve these claims. The bill requires any settlement reached on a Harris claim that involves the issuance of a variance or exception to a regulation on a residential property be automatically applied by the government entity to all similarly situated residential properties that are subject to the same rules or regulations. Similarly situated is not defined in the bill. The bill provides that business losses can be included in any Harris claim. The legislation will have a severe chilling effect on the settlement of Harris claims. Additionally, the bill limits the timeframe for government entities to respond to Harris claims from 150 days to 90 days and increases the likelihood of paying the property owners attorney fees and removes prevailing party fees if the government entity prevails. The League is OPPOSED to this bill. (Cruz)
Broad Preemption Bill Advances 
This week, CS/CS/HB 1299 (Roach) was amended and subsequently passed by the House Commerce Committee. CS/CS/HB 1299 is a very broad bill that includes seven preemptions. The bill restricts a municipalities ability to annex properties in another municipality, to levy taxes on nicotine products, to establish a minimum age for the purchase of nicotine products, to regulate the use of single-use plastic straws and sunscreen, and to regulate alternate generated power sources for motor fuel dispensing facilities. The bill was amended to establish temperature requirements at assisted living facilities when such facilities act as a receiving provider. The League is OPPOSED to this bill. (Cruz)
Mandated Benefits for Firefighters with Cancer
On April 18, the House State Affairs Committee unanimously approved a proposed committee bill, PCB SAC 19-04 (State Affairs Committee) which mandates certain benefits for firefighter diagnosed with one of twenty-one cancers. Upon the diagnosis of cancer, a firefighter that meets certain conditions will receive a $25,000 lump sum payment; reimbursement for all out-of-pocket expenses, such as deductibles, copayments, and coinsurance; disability retirement; and a death benefit to the firefighter’s beneficiary. The bill also gives broad rulemaking authority to the Department of Financial Services to adopt rules to establish employer cancer prevention bet practices as it related to personal protective equipment, decontamination, fire suppression apparatus, and fire stations. The Senate companion,  CS/CS/SB 426   (Flores), is ready for action by the full Senate.  The League is OPPOSED to this unfunded mandate.  (Hughes)
House Unveils Water Quality Bill
CS/SB 1022 (Albritton) and CS/CS/CS/HB 973 (Payne) transfer responsibility and oversight of the Onsite Sewage Treatment & Disposal Systems (OSTDS) program from the Department of Health (DOH) to the Department of Environmental Protection (DEP). In addition, the bills require water management districts and DEP to submit information to the state Office of Economic and Demographic Research regarding septic-to-sewer conversion projects and septic remediation projects identified within annual water management district reports and within Basin Management Action Plans.  CS/CS/CS/HB 973 was substantially amended by the House State Affairs Committee to revise current law provisions relating to water quality and wastewater. The amended bill requires Basin Management Action Plans for nutrients to include a wastewater treatment plan and a septic tank remediation plan and requires DEP to submit reports identifying the costs and funding associated with projects within such plans. The amended bill creates a clean water grant program, subject to appropriation, within DEP. It requires notification of sanitary sewer spills to be posted on local government websites. Finally, it prohibits land application of biosolids under certain conditions, and directs DEP to initiate rulemaking on biosolids. CS/SB 1022 is in the Senate Appropriations Subcommittee on Agriculture, Environment, and General Government. This week, CS/CS/CS/HB 973 passed the House State Affairs Committee and is available for House floor action. Provisions of CS/CS/CS/HB 973 are comparable to CS/CS/SB 1758 (Mayfield), which is in the Senate Appropriations Committee. The League SUPPORTS CS/SB 1022 and CS/CS/CS/HB 973. (O’Hara)
Growth Management/Private Property Rights
This week, CS/CS/HB 291 (McClain) was amended on the House floor and passed by a vote of 73-42. The bill requires local governments to adopt a new mandatory element in their comprehensive plans that addresses the protection of private property. The mandatory date of adoption was extended from July 1, 2020 to July 1, 2022. CS/CS/HB 291 is an unfunded mandate that is duplicative of current law. Of additional concern, CS/CS/HB 291 was amended in committee require municipal comprehensive plans adopted after January 1, 2019, and their corresponding land development regulations, to incorporate the terms of existing development orders. The League is OPPOSED to this bill. (Cruz)
Scooters Moving Towards Final Passage
CS/SB 542   (Brandes) passed the Senate Appropriations Committee on April 18.   The bill allows municipalities to regulate scooters locally without any preemption from the state. CS/SB 542 will also allow scooters to operate in bike lanes. The League SUPPORTS this bill.  (B ranc h)
Public Notice
CS/CS/HB 1235 (Fine) passed the House on a 68-44 vote on Wednesday after lengthy debate. The bill allows a city to publish legally required advertisements and notices on a publicly accessible website if it is determined that online publication would result in a cost savings for the government. The Senate companion, SB 1676 (Baxley), did not receive a committee hearing and remains in its first committee of reference, the Senate Judiciary Committee. The League SUPPORTS the bills. (Cook)
Red Tide Research Initiative Bills Pass Final Committees
CS/CS/HB 1135 (Grant, M.) and SB 1552 (Gruters) establish the Florida Red Tide Mitigation & Technology Development Initiative as a partnership between the Fish and Wildlife Research Institute within the Florida Fish and Wildlife Conservation Commission, and the Mote Marine Laboratory. The goal of the initiative is to develop, test and implement approaches for controlling and mitigating the impacts of red tide. The bills require annual reports to be submitted by the initiative to the Legislature, governor and specified state agencies. CS/CS/HB 1135 passed the House State Affairs Committee this week and is available for House floor action. SB 1552 passed this week in the Senate Appropriations Committee and is available for Senate floor action. The League SUPPORTS the bills. (O’Hara)
Bills Requiring Electronic Filing of Financial Disclosure Forms Close to Passage
CS/CS/SB 7040 (Ethics & Elections Committee) and CS/HB 7021 (Public Integrity & Ethics Committee) provide for the mandatory electronic filing of Form 1 and Form 6 financial disclosures by specified state officers and employees. Form 6 filers would be required to file their forms electronically beginning January 1, 2022. Form 1 filers would be required to file their forms electronically beginning January 1, 2023. This week, CS/CS/SB 7040 was read a second time and placed on Third Reading in the Senate and CS/HB 7021 passed the House 117-0. (O’Hara)
Beach Bills Pass the Full House and Final Senate Committee
SB 446 (Mayfield) and CS/HB 325 (LaMarca) revise the criteria the Department of Environmental Protection (DEP) must consider in determining and assigning annual funding priorities for beach management and erosion control projects. The bills would revise the ranking criteria to be used by DEP to establish certain inlet-caused beach erosion projects. In addition, the bills would revise requirements for the state’s comprehensive long-term management plan, including requiring the plan to include a strategic beach management plan, a critically eroded beaches report and a statewide long-range budget plan. The bills would further require the DEP to submit a three-year work plan and related forecast for the availability of funding to the Legislature. On April 18, SB 446 passed the Senate Appropriations Committee and is available for Senate floor action. On April 17, CS/HB 325 passed the House 113-0. The League SUPPORTS the bills.  (O’Hara)
Residential Recycling Bills Pass Final Committees
CS/SB 816 (Perry) and CS/HB 771 (Overdorf) require that contracts between local governments and vendors for the collection, transport and processing of residential recycling materials must include terms and conditions to define and reduce levels of contamination. The new requirements would apply to new contracts and contracts extended after October 1, 2019. The language of the bills has been worked out to be acceptable to the League. On April 18, CS/SB 816 passed the Senate Appropriations Committee and is available for Senate floor action. CS/HB 771 passed the House State Affairs Committee on April 18 with an amendment (opposed by the League) that imposes a five-year moratorium on the local regulation of plastic straws. The bill is available for House floor action. The League is NEUTRAL on the bills. (O’Hara)
Tax Cut Package
This week, the House Appropriations Committee passed the tax cut proposal for this session. CS/HB 7123   (Ways and Means Committee) reduces local government revenues by $13 million recurring and $17.2 million nonrecurring. The bill includes a reduction in the tax rate for commercial leases from 5.7 to 5.35 percent, a three-day “back-to-school” sales tax holiday and a seven-day “disaster preparedness” sales tax holiday. The bill also includes multiple provisions relating to property taxes including amending the requirements for hospitals to qualify for the charitable tax exemption. The bill will also delay, from January to June, the payments to local governments in fiscally constrained counties and Monroe County to offset property tax refunds granted to homeowners due to hurricanes in 2016 and 2017 to allow for the related state appropriation to be based on actual data.  (Hughes)
E-Commerce Bill Moves in the Senate
CS/SB 1112 (Gruters) passed the Senate Finance and Tax Committee (8-0) which amends current law to require retailers who are not physically present in the state who deliver tangible personal property into the state to collect and remit sales tax if they make a substantial number of sales into Florida and provides for the taxation of sales facilitated through marketplace providers. The League SUPPORTS this provision. The bill also reduces the rate of the sales tax on commercial leases, from 5.7 to 3.5 percent. The bill also has multiple other provisions related to taxation, such as tax refund program for job training. The League SUPPORTS the bill. (Hughes)
Restrictions on Local Options Surtaxes 
CS/SB 1040 (Lee) passed the Senate Finance and Tax Committee on Monday by a (7-1) vote. CS/CS/SB 336 (Brandes) passed the Senate Rules Committee on Tuesday by a (11-5) vote. The bill requires any referendum to levy a local option sales surtax to be held at a state general election. The bills put additional requirements, including a performance audit, on surtaxes that are placed on the ballot by petition. The League is NEUTRAL on the bills.  (Hughes)
Driving While Distracted
On April 17, CS/CS/CS/SB 76  (Simpson) passed the Senate Rules Committee, it’s final committee stop. The bill would make it a primary offense if law enforcement pulled a driver over for distracted driving while the vehicle is in motion. The companion bill, HB 107 has been placed on the house calendar. The League SUPPORTS both bills.  (Branch)
No Juul for You
This week, HB 7119 (formerly PCB HHS3) passed the House Appropriations Committee this week and it now heads to the floor. The bill increases the minimum age to purchase and possess tobacco products, nicotine products and nicotine dispensing devices from 18 to 21. Of importance to cities, the bill preempts the regulation of the marketing of tobacco and nicotine products to the state. The Senate companion, CS/SB 1618 (Simmons), is similar in that it increases the minimum age to purchase and possess tobacco products, but it does not contain the marketing preemption. CS/SB 1618 is in its last committee of reference, the Senate Rules Committee. The League is NEUTRAL on these bills. (Cook)
Public Nuisances
CS/HB 551 (McClain) passed through its final committee of reference on Thursday and heads to the House floor. The bill increases the required notice from one three-day notice to two notices with a total of 25 days to abate a public nuisance. In addition, the bill increases the notice timeframe before a lien may attach to a property owned by someone other than the person causing the nuisance from five to 15 days.  CS/SB 668 (Perry), the Senate companion, remains in its last committee of reference, the Senate Rules Committee. The League is NEUTRAL on the bills. (Cook)
ONLY TWO MONDAY MORNING CALLS LEFT!
Please participate in our 30-minute conference call every Monday during session (March 5 through May 3) at 9:00 a.m. EST. You will be updated on what issues the legislature will be discussing in the upcoming week and what advocacy efforts might be needed.
CALL IN NUMBER: 1-888-585-9008
CONFERENCE ROOM #: 301-563-714
STAY INFORMED. STAY ENGAGED.