4/25/08 Volume 34 Issue 9  Top Stories AFFORDABLE HOUSING   by Dee Carper State Housing Initiative Partnership (SHIP) Program HB 699 (Aubuchon) remains on third reading on the House calendar. However, the substantive language of the bill was amended to the House growth management bill, HB 7129 (Cannon). HB 7129 (Cannon) now includes changes to the State Housing Initiative Partnership (SHIP) program and includes two appropriations: $5 million to local governments to address housing needs in areas that are affected by disaster; and $5 million to help local governments purchase homes subject to foreclosure that are subsidized by SHIP. Several property assessment measures are also included but may be amended out of the bill by the Senate. (Carper) Affordable Housing Budget Update At the onset of budget discussions, $318M was earmarked for state and local government affordable housing programs from the Sadowski Trust Fund. This left a balance of approximately $330M that we anticipated would be swept into general revenue to balance the overall budget. Now, there are attempts to take additional dollars from the earmarked ($318M) and shift it to other areas: $2.5M allocated to the Housing Assistance Program will go to fund the Community Contribution Tax Credit program; $5M from the Extremely Low Income program will shift to a new program that is limited to public housing authorities. Neither shift is supported by the Florida Housing Finance Corporation. We need your help. Oppose this raid on housing trust funds. Contact Representative Dean Cannon, (850) 488-2742, dean.cannon@myfloridahouse.gov; Representative Gary Aubuchon (850) 488-7433, gary.aubuchon@myfloridahouse.gov; and Senator Mike Fasano (850) 487-5062, fasano.mike.web@flsenate.gov to oppose funding Community Contribution Tax credits and Public Housing Authorities with Sadowski trust funds, and to support $20M to be used by cities and counties who reduce impact fees for homeownership purposes. (Carper) BUDGET UPDATE   by Dee Carper House and Senate leaders continue to debate over ways to cut more than $4 billion in state spending. Some of the biggest differences remain over more than $1 billion in cuts to health and human services. One sticking point is a House plan to pare more than $50 million by eliminating a Medicaid program that pays for hospice care. BUILDING CODES   by Tim Stanfield Building Code Standards SB 560 (Constantine) was read twice on the Senate floor this week. The bill provides discretionary power to the Florida Building Commission to implement recommendations regarding cost-effective, energy-efficiency standards for construction of all new residential, commercial, and government buildings by amending the Florida Efficiency Code for Building Construction. Local governments will be asked to consider energy efficiency and conservation measures within existing elements of their comprehensive plans. The League is fighting an amendment that would prevent local building departments from charging fees to people who have engaged a private building inspection provider. (Stanfield) ENERGY   by Tim Stanfield Energy – Preemption SB 1544 (Saunders) was passed by the Senate this week. The bill provides a multitude of incentives for the sale, use, and production of renewable fuel sources, and imposes requirements for the implementation of “green” construction standards for state government buildings. Also, the bill amends provisions of the Transmission Line and Power Plant Siting Act, including a preemption of local government land use authority. A provision requiring that 75% of solid waste be recycled by the year 2020 was replaced by a provision that requires DEP to study the possibility of recycling 75% of all waste by the year 2020. The Senate is now waiting to take up the House energy bill, HB 7135. (Stanfield) Energy – Unfunded Mandate and Preemption HB 7135 (House Environment and Natural Resources Council) was heard on the House floor Friday. This bill requires an ad valorem tax exemption for a period of 10-years for any property on which a renewable source energy device is installed. The bill provides a multitude of incentives for the sale, use, and production of renewable fuel sources, and imposes requirements for the implementation of “green” construction standards for state and local government buildings. Also, the bill amends provisions of the Transmission Line and Power Plant Siting Act, including a preemption of local government land use authority. This week the bill was amended to expand the Department of Transportation’s (DOT) authority to grant access for the placement of aerial transmission lines on property adjacent to DOT rights-of-way. There is also an amendment that would preempt local governments from regulating plastic bags and bottles and would mandate local governments to compost between 5% and 10% of all organic waste by 2010. This bill will be read for the third time the week of April 28. (Stanfield) (Oppose) ENVIRONMENTAL   by Scott Dudley Fertilizer—Preemption/Mandate HB 1267 (Nelson/McKeel) and SB 2352 (Aronberg/Baker) address the use of consumer fertilizers. Both bills require local governments to adopt the model ordinance recommended by the Consumer Fertilizer Task Force if the local government is planning to regulate consumer fertilizer use. On April 22nd SB 2352 was temporarily postponed by the Senate Community Affairs Committee, effectively killing the bill for this year. (Oppose) (Dudley) Recycling--Preemption HB 301 (Long) and SB 692 (Jones) require any public entity receiving state funds to implement, to the extent practicable and economically feasible, a recycling program for glass and plastic bottles and packaging materials. The House Environment and Natural Resources Council adopted HB 301 on Wednesday, April 23rd. HB 301 is now on the House Special Order calendar and an amendment has been filed that preempts local governments from adopting any ordinance, resolution, regulation, rule, or imposing any tax, fees or charges regarding the disposal, recycling, processing, or storage of certain containers and plastic bags. The amendment also requires local governments to develop and implement a plan to achieve a goal to compost up to 10 percent and no less than 5 percent of organic materials by 2010. SB 692 is currently in the Senate General Government Appropriations Committee but will likely be withdrawn so that it can be taken up on the Senate floor. (Oppose) (Dudley) Onsite Sewage Treatment HB 567 (Poppell) and SB 1318 (Gaetz) add a local government representative to the Research Review and Advisory Committee and the Technical Review Advisory Panel, which advise the Department of Health on issues relating to onsite sewage treatment and disposal systems. SB 1318 was taken up and amended by the Senate and is awaiting a final vote. HB 567 was Temporarily Postponed by the House on April 24th and is awaiting final action by that body. (Support) (Dudley) Florida Forever/Land Conservation HB 7141(House Environment and Natural Resources Council) and SB 542 (Saunders) are comprehensive environmental packages. The bills reenact the Florida Forever program; authorize additional bonds to be issued for the program, direct the legislature to analyze potential revenue sources for Florida Forever; substantially expand the types of lands eligible for purchase and the types of projects (such as public access to waterways) that can be funded through the Florida Forever program, and address the recovery and management of imperiled species through the Florida Forever program. HB 7141 transfers the Florida Communities Trust (FCT) program from the Department of Community Affairs to the Department of Environmental Protection. Both bills substantially expand the definition of working waterfronts to include most commercial water-based enterprises and increase the amount of funds available for working waterfront projects. SB 542 was substantially amended and passed unanimously out of the Senate on April 23 and sent to the House for consideration. HB 7141 was adopted by the House Policy and Budget Council on April 21st and is awaiting action by the House. (Dudley) FINANCE AND TAXATION   by Rebecca O'Hara Discretionary Sales Surtax -- Preemption SB 2298 (Fasano) and HB 891 (Vana) authorize certain counties to levy by ordinance a 1% surtax for emergency fire rescue services and facilities, effective upon voter approval. The bills provide the governing authority of such county would be designated as the “regional service provider” for emergency fire rescue services within the county. The bill provides for a limited and unfavorable distribution of the proceeds of such surtax with municipalities and special districts pursuant to interlocal agreement. The bills further specify that if no interlocal agreement is reached with a particular municipality or special district, that municipality or special district will not receive any proceeds. SB 2298 is in Military Affairs and Domestic Security. HB 891 was Temporarily Postponed in the Government Efficiency and Accountability Council. (Oppose) (O’Hara) State & Local Government Revenue Limitations – Preemption & Unfunded Mandate HB 7125 (Gov’t Efficiency & Accountability Council), proposes an amendment to the state constitution that would revise the existing state constitutional revenue limit and would impose a local government revenue limit to be implemented by the legislature. Local government revenues would be capped at the amount of revenue for FY 2008-09 plus a growth factor based on population and inflation plus one percentage point. It leaves to the legislature’s discretion how the local government cap would be implemented, what revenues would be included or excluded, and what types of local government entities would be included or excluded. If approved by voters, it would take effect January 2009 and first apply to the 2009-10 fiscal year. HB 7125 passed the House and is in Senate Messages. (Oppose) (O’Hara) Amendment 1 “Glitch” Bill Ch. 2007-339, Laws of Florida, the implementing bill for Amendment 1 (approved by voters on January 29th), directed the Department of Revenue (“DOR”) to report, by March 1, 2008, the results of the implementation of HB 1-B, Ch. 2007-321, Laws of Florida, which was the bill that imposed mandatory caps and rollbacks on local government millage rates. DOR’s report addressed drafting errors in the original legislation, ambiguities in interpretation, and other unforeseen circumstances not addressed in the original bills. In addition, DOR’s report included issues that have arisen with respect to implementation of Amendment 1. SB 1588 (Haridopolos) addresses the issues identified in DOR’s report. The bill specifies additional data to be included on tax rolls and on assessment rolls reported to DOR. It clarifies the rules under which the Save-Our-Homes differential may be transferred to a new homestead, procedures for its application, and appeals by taxpayers. The bill clarifies requirements relating to the new $25,000 tax exemption for tangible personal property. It clarifies how the millage rollback rate is to be adjusted for jurisdictional boundary changes attributable to dependent special districts. In addition, it specifies that the supermajority vote requirement necessary to exceed the maximum millage rate is based on the total membership of the governing body rather than the membership present at the meeting. Finally, it provides for the appropriation of funds for fiscally constrained counties to offset reductions in ad valorem revenue resulting from Amendment 1. HB 7131 (Policy & Budget Council), is the House’s version. Unfortunately, it is more than a glitch bill because it adds an objectionable, substantive change to existing law. Under current law, local governments are allowed, if they choose, to levy a millage rate in FY 2008-09 to recover the losses from the reduced tax base caused by Amendment 1 by a simple majority vote. HB 7131 would require a 2/3 vote to recover the loss. If local governments do not exceed the limitation imposed by this 2/3 vote requirement, the statewide ad valorem tax loss for FY 2008-09 is estimated to approximate $1.1 billion. The House laid HB 7131 on the table, took up SB 1588 and amended it to include the objectionable millage restriction. SB 1588 passed the House and is in Senate Returning Messages. (Oppose) Maximum Ad Valorem Tax Limitation–Unfunded Mandate HB 949 (Lopez-Cantera) and SB 2190 (Bennett) propose a constitutional amendment that would restrict the total combined property taxes on any parcel to 1.35% of the parcel’s highest taxable value. The bills authorize the Legislature to provide by general law for the distribution of such tax revenues. In addition, the bills exempt from the limitation property taxes approved by voters for no more than a two-year period, and property taxes levied for the payment of bonds. The bills preserve the Save-Our-Homes assessment limitation and current homestead exemptions. In addition to implementation difficulties, the fiscal impact of such a constitutional amendment if passed would be devastating to a variety of municipal services and programs. HB 949 passed the House and is in Senate Messages. SB 2190 is in the Senate Finance & Tax Committee. (Oppose) (O’Hara) Partial Payment of Property Taxes HB 51 (McKeel) and SB 1004 (Fasano) require tax collectors to accept partial payment of property taxes due by the deadline specified in the tax notice. Unpaid amounts remaining after the deadline are subject to penalties and interest. HB 51 passed the House and is in Senate Messages. On April 22nd, SB 1004 was Temporarily Postponed in the Senate Community Affairs Committee. (O’Hara) Taxpayer Challenges to Just Valuation HB 7005 (Gov’t Efficiency & Accountability Council) proposes a constitutional amendment that removes the presumption of correctness accorded to the property appraiser’s assessment of property in judicial or administrative taxpayer challenges. It places the burden of proof by a preponderance of evidence upon the property appraiser. HB 7005 passed the House and is in Senate Messages. (O’Hara) HB 1283 (Cannon) proposes a statutory change that eliminates the presumption of correctness accorded to the property appraiser in taxpayer challenges to property assessments and denials of property tax exemptions, and modifies the taxpayer and appraiser’s respective burdens of proof in such proceedings. HB 1283 passed the House and is in Senate Messages. (O’Hara) Just Valuation/Taxpayer Challenges HB 129 (Lopez-Cantera) and SB 626 (Atwater) modify factors used by property appraisers in determining the highest and best use of property, and require property appraisers to consider factors such as permitting and zoning changes before determining highest and best use. HB 129 rolled over to Third Reading in the House. TRIM Notice HB 177 (Richter) and SB 664 (Bennett) require millage rates to be included in Truth in Millage (“TRIM”) notices. HB 177 passed the House and is in Senate Messages. (O’Hara) GENERAL GOVERNMENT   by Various Budget Transparency/Reserve Restrictions – Unfunded Mandate CS/HB 7123 (Grant) by the House Government Efficiency and Accountability Council seeks to restrict unreserved undesignated fund balances to not more than 20% of operating revenues or an amount equal to 90 days general operating expenditures. The bill imposes budget transparency requirements on cities, counties, and special districts. The bill requires specified budgets to follow a particular format regarding expenditures, revenues, fund balances, and explanatory statements. CS/SB 2648 was amended to include the language in CS/HB 7123. Both bills are ready for final passage. (Conn and O’Hara) Health Insurance Claims Payments Health Insurance Claims Payments SB 1012 (Gaetz) authorizes the payment of health insurance policy benefits directly to a licensed ambulance provider. SB 1012 passed the Senate and was substituted for HB 405 in the House where it is now on Second Reading. (Usina) (Support) Local Government Contracts/Mandated Disclosure Requirements – Unfunded Mandate CS/CS/CS/SB 392 (Storms) and HB 181 (Harrell) require local governments to compile and disclose information on contracts of $5,000 or more. CS/CS/CS/SB 392 was amended to require the following. For any new contract over $5,000 between a local government and a company or individual, the local government must either electronically post specified contract information if the local government has a website or the local government must keep a hard copy of the contract information in an office and available for public inspection. This requirement applies to new contracts entered into by the local government after a specified date. Each local government must designate one central office to maintain all contract information required to be reported. CS/CS/CS/SB 392 passed the Senate with one “No” vote by Senator Oelrich. HB 181 was Temporarily Postponed in the House Government Efficiency and Accountability Council. (O’Hara & Conn) (Oppose) Public Library Grants HB 21 (Davis) and SB 82 (Fasano) amend the State Aid to Libraries grant program by revising eligibility criteria and changing the formula for multicounty and equalization grants. Most (but not all) libraries receiving only operating grants, such as municipal libraries, would see an increase in the amount of their estimated operating grant. HB 21 is awaiting final action and SB 82 is now in House Messages. (Support) (Rellford) Public Records / Victims of Sexual Violence HB 1141 (Jenne) and SB 2574 (Fasano) contain public record exemptions for HB 489 (Jenne) and SB 994 (Fasano), to which they are linked. HB 489 and SB 994 require the submission of specified documentation in order for an employee to seek leave from his or her employer in connection with an incident of sexual violence. The bills make confidential and exempt from s. 119.07(1), F.S., and article I, s. 24(a) of the Florida Constitution, personal identifying information that is contained in records documenting an act of sexual violence that are submitted to a public agency by an agency employee. HB 1141 is awaiting final action and SB 2574 was withdrawn from Senate Rules and placed on the Calendar. (Rellford) Public Libraries/Internet Safety Education Program HB 411 (Ambler) and SB 1996 (Crist) encourage all public libraries to adopt an Internet safety education program. The purpose of the Internet safety education program is to promote the use of prudent online deportment and broaden awareness of online predators. While the bill only encourages the libraries to adopt the program, annual reporting by libraries on the number of users who complete the education is required. HB 411 is awaiting final action and SB 1996 is in Senate Transportation and Economic Development Appropriations. (Rellford) Public Works/Utilities/Transportation and Road Activities Preemption CS/SB 2148 (Haridopolos) was amended in the Senate Community Affairs Committee to state only that a city; county, or special district may not own or operate an asphalt plant or certain cement plants. All other provisions were removed from SB 2148. CS/HB 683 (Weatherford) substantially alters the manner by which local governments perform public construction works and transportation projects but will likely not be further considered. CS/HB 1399 (Aubuchon) and CS/SB 1978 (Baker) are large transportation bills and include the new language in CS/SB 2148. CS/HB 683 and CS/SB 2148 are still in committee, and CS/HB 1399 and CS/SB 1978 are ready for final passage. (Conn & Dudley) (Oppose) Secondary Metals Recycling HB 105 (Troutman) relates to Secondary Metals Recyclers and attempts to curb the theft of metal from construction sites, citrus groves, cell phone towers, etc. The bill revises recordkeeping requirements for purchase transactions, provides for additional information to be obtained concerning sellers and cash transactions, and provides for enhanced penalties. HB 105 has passed the House and Senate and has been ordered enrolled. (Support) (Usina) Tower Cranes / Tower Crane Operators Certification HB 609 (Evers) and SB 1316 (Gaetz) require all tower cranes and tower crane operators in the state be certified by the American National Standards Institute/American Society of Mechanical Engineers (ANSI/ASME) or the applicable standards of the Power Crane and Shovel Association (PCSA). The bills also preempt all other standards applied to tower cranes and operators by local governments. HB 609 is awaiting final action and SB 1316 is in the Senate Community Affairs Committee. (Oppose) (Rellford) GROWTH MANAGEMENT   by Tim Stanfield Growth Management – Unfunded Mandate and Preemption SB 474 (Garcia) was passed by the Transportation Committee April 22. The bill includes a provision that would prohibit local governing bodies in municipalities with populations of over 5000 from acting as the local land planning agency. The bill creates transportation concurrency exception areas for specifically designated urban areas. It expands the current “alternative state review” pilot program to all areas designated in a comprehensive plan for: urban infill and redevelopment, community redevelopment, and downtown revitalization. It establishes a study group for the purpose of examining the use of a “mobility fee” to replace transportation concurrency and impact fees. There is also a requirement for local governments to provide a 3 extension for all local government permits associated with developments of regional impact. The bill is awaiting a final reference. HB 7129 (Economic Expansion and Infrastructure Council) was read twice on the House floor week of April 21. The bill would extend all DRI development orders, including all associated local government approvals, until 2011. It establishes transportation concurrency exception areas for all urban infill and redevelopment, community redevelopment, community redevelopment, and downtown revitalization. The Legislative Committee on Intergovernmental Relations is tasked with conducting a study on the implementation of a “mobility fee” to replace all transportation concurrency fees. A “mobility fee” pilot program is implemented in Duval, St. Johns, and Clay Counties, including all municipalities within those counties. Also, the bill increases opportunities for citizen’s participation in the comprehensive plan amendment process by requiring developers to hold pre-application meetings with affected citizens. The bill was substantially amended, including: removal of provisions that would have shifted the burden proof to local governments in an impact fee challenge; addition of language from the affordable housing package, HB 699 (Aubuchon); and addition of language that expands the existing prohibition on referenda for comprehensive plan amendments. (Stanfield) PERSONNEL   by Kraig Conn Workplace Safety Study CS/CS/SB 652 (Lynn) and CS/CS/HB 967 (A. Gibson) establish a 15-member task force to review and recommend safety standards for government employees. The task force is to report to the Legislature prior to the 2009 Session. CS/CS/HB 967 is on Third Reading in the House and CS/CS/SB 652 is ready for the Senate Floor. (Conn) PROPERTY RIGHTS   by Stephanie Usina Property Rights- Preemption HB 881 (Precourt) and SB 1578 (Baker) revise the Bert J. Harris, Jr., Private Property Rights Protection Act. The changes would shorten the time frame for local governments to make settlement offers and lengthen the time for property owners to bring Harris Act claims. The bills also provide for a waiver of sovereign immunity for liability and provides for prospective application. The bills further provide that a moratorium in effect for longer than one year is not a temporary impact to real property and can become an “inordinate burden” giving rise to a cause of action under the act. In addition, the bills eliminate the term “ripeness” and state that failure of a local government to issue a written decision within the specified timeframe operates as a “determination” by the local government as to all of the allowable uses for the property and makes the property owner’s case “final” for purposes of judicial review. SB 1578 is still in Committee in the Senate. HB 881 is expected to be amended today on the House floor to address the majority of local governments’ concerns with the bill. (Usina) (Oppose) TRANSPORTATION   by Scott Dudley Driving Under the Influence/ High Occupancy Vehicle Lanes SB 1992 (Baker) and HB 1329 (Glorioso) amend numerous provisions relating to the Department of Highway Safety and Motor Vehicles (DHSMV). The bills address DUI penalties, high occupancy vehicle lanes, penalties for drag racing and other DHSMV legislative priorities. SB 1992 was adopted unanimously by the Senate on April 23rd and sent to the House where it was laid on the table. HB 1329 was taken up in its place and is awaiting a final vote in the House. (Dudley) Florida Department of Transportation SB 1978 (Baker) and HB 1399 (Aubuchon) are comprehensive transportation proposals that address transportation financing, planning, and administrative issues. Among other things, the bills amend existing law relating to transportation concurrency backlog authorities (authorities) to authorize the issuance of bonds, extends the lifespan of the debt the authorities incur for up forty years and increases the amount of ad valorem tax increment the authorities are authorized to collect. The bills include language revising provisions relating to outdoor advertising; the “logo sign” program for the interstate highway system; and the relocation of utility facilities. Both bills include language supported by the League that creates a process for local governments to provide input to the Department of Transportation relating to projects being considered for deletion or deferral from the 5-Year Work Plan. The bills also include language requiring local governments to amend their comprehensive plans to address airport land use compatibility by June 2010; increases various tolls around the state; address Department of Transportation bidding provisions, authorize the state to purchase rail tracks for commuter rail; and other transportation provisions. SB 1978 was substantially amended by the Senate Transportation and Economic Development Committee on Thursday April 24th and HB 1399 was adopted by the House and sent to the Senate for consideration. (Support) (Dudley)

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