Item M7BOARD OF COUNTY COMMISSIONERS
County of Monroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� � m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: M.7
Agenda Item Summary #3086
BULK ITEM: No DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
10:30 AM
AGENDA ITEM WORDING: Report on 2017 State Legislative session outcomes.
ITEM BACKGROUND:
This is a session wrap-up discussion with Sen. Flores, Rep. Raschein and the County's state
lobbying team members.
The Florida State legislative session concluded May 8, 2017; with a special session scheduled for
June 7-9, 2017. During this past session there were 3,052 (1,606 general, 70 local and 1210
appropriations) bills filed for consideration, of those 204 general and 38 local bills were approved in
both chambers.
Attached:
• A tracking and outcome chart with the County's legislative priorities and issues per the 2017
State Legislative Agenda,
• Monroe County 2017 Legislative Priorities trifold.
• Session Wrap-up Report by the Florida Association of Counties.
• Final Session Report by Anfield Consulting.
Upcoming dates for 2018 session:
• FAC Annual Conference June 27, 2017
• FAC Policy Conference September 27, 2017
• Legislative Committee Weeks — October, November, December 2017
• 2018 Session — Begins January 9, 2018
PREVIOUS RELEVANT BOCC ACTION: Approval of the 2017 State Legislative agenda.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County 2017 Legislative Priorities Tracker Post -Session Report
2017 Legislative Priorities Trifold3
FAC 2017 Leg Review
2017 Anfield Final Session Report MC
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Bob Shillinger Completed 06/06/2017 9:39 AM
Kathy Peters Completed 06/06/2017 7:08 PM
Board of County Commissioners Pending 06/21/2017 9:00 AM
Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
Team
Priority/Issue
Bill - Sponsor
Leader
Description
Achieved
• Request: $20M for water, $5M for land acquisition
Priority:
Budget:
• Received appropriation of $13.3M (tied for largest water project appropriation in State with one
Florida Keys Stewardship Act
Raschein
Flores
Bernardino
other area.)
• Though Monroe's land acquisition FF carve out funding was included in DEP budget and
✓
Appropriation
supported by Governor, Legislature did not fund Florida Forever, and therefore did not received
land acquisition funding.
• Budget passed, sent to Governor 5/31.
• In 2009, the Legislature required the Fish and Wildlife Conservation Commission (FWC) to
establish a pilot program to explore policy options for regulating the anchoring and mooring of
Priority:
vessels outside the marked boundaries of public mooring fields to protect the marine
Preserve Vessel Proof of
HB 7043-Raschein
Reyes
environment, promote use of mooring fields, enhance navigational safety and deter derelict
✓
SB 1338-Book
vessels. The bill incorporates many of the findings and recommendations from the pilot program
Pump Out and Strengthen
submitted to the Legislature in December 2016, including:
Derelict Vessel regulations
Preserves Monroe County authority to continue to require proof of pump out
■ Expands this authority to no -discharge zones — all of Florida Keys
• Bill Passed; sent to Governor.
Priority:
✓
Vessel Pump Out Service
HB 4121 -Raschein
(Appropriation bill)
Reyes
• Received $500,000 cash appropriation (DEP) for pump out services.
Appropriation
Priority:
BOCC passed Reso 046-2017
✓
Preserve Number of Monroe
Budget
Smith/
• There were no legislative or budgetary actions taken to reduce Monroe County judgeships.
County Judgeships
Cannon
• Redirects the revenue from a number of fees and fines from the State's General Revenue Fund
Priority:
to the clerks fine and forfeiture funds, and transfers responsibility for juror costs back to State
✓
SB 2506
Smith/
(about $25M, recurring)
Increase State Funding for
HB 7051
Cannon
• Additional appropriation of $7M in non -recurring to address Clerk's projected budget deficits
Clerks
for current year.
Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
Priority:
Telecommunications for
Advisory Boards
HB 1295 —
Raschein
(Local Bill)
Reyes
• The bill authorizes the Board of County Commissioners, or any political subdivision thereof or
the Monroe County School Board, to conduct public meetings, hearings, and workshops by means
of communications media technology if the board adopts uniform rules authorizing the use of
communications media technology and no final action is taken at the meeting. "Communications
media technology" is defined as the electronic transmission of printed matter, audio, full -motion
video, freeze-frame video, compressed video, and digital video by any method available.
• The rules adopted by the School Board or by the County Commission must provide procedures
for using communications media technology for purposes of conducting public meetings,
hearings, and workshops, as well as for taking evidence, testimony, and argument at public
meetings. The rules must also provide that evidence, testimony, and argument must be afforded
equal consideration, regardless of the method of communication.
• The bill requires a notice to state that the meeting will be conducted by means of communications
media technology. Lastly, the bill does not limit a person's right to inspect public records.
• Passed in House and Senate; sent to Governor 5/22
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• There was no wind insurance legislation this year; there was flood insurance legislation. We
monitored this bill for anything potentially negative.
• BOCC's position on flood insurance: encourage State legislature to recognize the value of NFIP
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and the local and satte-wide economic benefits of affordable flood insurance and to ensure and
support measures that preserve it. BOCC position supports some privatization so long as
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affordability and consumer protections remain in place, and there is no cherry picking.
• State lawmakers continue to try to address flood insurance rates in the State by expanding the
F
Priority:
HB 813 — Lee
private market.
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SB 420 — Brandes
Reyes
. In 2014 state passed legislation that allowed for an expedited process for insurers to provide
Wind and Flood Insurance
private flood insurance, gave them an exception to ratemaking requirements through 2019 (only
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have to do "informational rate filings" rather than "use and file" ratemaking), and provided an
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exemption to the due diligence requirement (having to get 3 declinations from admitted carriers,
before going to surplus lines) through 2017.
• This bill extends those exceptions to 2025, and 2019 respectively, allows only surplus lines
insurers with superior financial strength rating to write flood policies for excess coverage, and
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prohibits any policies from being removed from NFIP without signed acknowledgement/approval
of property owner.
r
• Bill passed.
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• BOCC passed Resolution 135-2016, supporting Everglades restoration funding and EEA storage.
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• The bill establishes options for providing additional water storage south of Lake Okeechobee
(lake), including the Everglades Agricultural Area (EAA) reservoir project and the C-51 reservoir
Priority:
proj ect.
• The bill authorizes land acquisition to implement the EAA reservoir project and authorizes the
Funding for Everglades
state and the South Florida Water Management District (district) to negotiate the amendment or
V/
Restoration/ EAA Water
termination of leases on land for the EAA reservoir project.
a
Storage
SB 10-Bradley
Team
• The bill requires the district, by July 1, 2017, to request the United States Army Corps of
'•
Engineers (corps) to jointly develop a post -authorization change report for the Central Everglades
Planning Project (CEPP) to revise the EAA reservoir project component.
• Upon congressional approval of the report, the construction of the EAA reservoir project must be
a
completed parallel with the construction of other CEPP project components, subjecttothe
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Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
availability of funding. If the report does not receive approval from the corps or Congress, then
the bill requires the district to request the corps to initiate a project implementation report for the
FAA reservoir project. Upon completion of the project implementation report, the district, in
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coordination with the corps, must seek congressional authorization for the FAA reservoir project.
• The bill also requires the district to request the corps to reevaluate the lake regulation schedule as
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expeditiously as possible.
• The bill authorizes the use of up to $800 million in Florida Forever bonds for the FAA reservoir
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project and the C-51 reservoir project, however, the district must seek additional sources of
funding for the FAA reservoir project, including federal funding.
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• For fiscal year (FY) 2017-2018, the bill appropriates $30 million in nonrecurring funds from the
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General Revenue Trust Fund to provide a loan for Phase I of the C-51 reservoir project, and $34
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million in nonrecurring funds from the Land Acquisition Trust Fund (LATF) to acquire land and
negotiate leases, develop the report, and negotiate Phase 11 of the C-51 reservoir project. For FY
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2018-2019, and each FY thereafter, the bill appropriates $64 million from the LATF for the FAA
reservoir project.
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• Bill passed by legislature, signed by Governor
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Priority:
• Bill dubbed "super -preemption bill' prohibits local governments from adopting or imposing new
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regulations on a business, profession, or occupation unless the regulation is expressly authorized
-
HB 17 —Fine
by general law. The bill provides that the regulation of businesses, professions, and occupations
Local Government Business
SB 1158 -
Smith/
is expressly preempted to the state and that local regulations are superseded unless expressly
F
and Occupation Regulation
Passidomo
Cannon/
authorized by general law.
Pre-emption
FAC
. Bill died in committee
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Priority:
• Bill would have clawed back the modest ability of counties to regulate vacation rentals given to
a
SB 188-Steube
Smith/
them in 2014. County less directly impacted due to its grand fathered ordinance but cities like
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Local Government Vacation
HB 425-LaRosa
Cannon
Marathon very much impacted.
Rentals Regulation Pre-
(amendment)
' Sen. Flores sponsored amendment to get a Keys carve out to the pre-emption.
emption
. Bill ultimately died on calendar.
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• BOCC passed Resolutions 102a-2015, 26-2016, and 119-2017
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Priority:
. Bill would authorize a coastal community with a population of fewer than 100,000 people to
SB 162- Rodriguez
establish a pilot program to regulate or ban disposable plastic bags.
Single Use Plastic Bags
HB 93-Richardson
Smith/
. Bill was heard in onlyone Senate committee, and not heard b House at all.
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Regulation Pre-emption
Cannon
a
a
Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
Priority:
Medical Marijuana — no
preemption of local
government land use
authority
HB 1397-
Rodriguez
SB 406-Bradley
y
FAC
• BOCC's priorities: maintain local authority to determine land use, zoning and other regulatory
standards for marijuana industry cultivation, processing and distribution, support a recurring tax
or fee revenue to help counties recoup any costs for related public services like law enforcement
and regulatory enforcement and maintain a comprehensive regulatory system where DOH is
responsible for licensing and oversight.
• Local authority for the citing of dispensaries was retained in both bills.
• House and Senate negotiated until final days of session, but could not find agreement on the
g y g
number of dispensaries the state should have, and adjourned without approving a plan to carry
out the November constitutional amendment.
No Final
Action
Local Referenda
HB 139
SB 278
Local Govt Fiscal
Transparency
Priority:
HB 7065
Local Government Fiscal
Local Govt Fiscal
Smith/FAC
. All bills failed.
Mandates (Home rule
Responsibility
preemptions)
HB 7063
Local Govt Ethics
HB 7021
Local Business Tax
HB487
SB 330
• BOCC opposed extending ROW use to cell tower providers and any reduction of its regulatory
authority; supported market based competitive negotiation for use of ROW
• The bill creates the Advanced Wireless Infrastructure Deployment Act, which establishes a
Priority:
process by which wireless providers may place certain "small wireless facilities" on, under,
within, or adjacent to certain utility poles or wireless support structures within public rights -of -
Wireless Facilities
SB 596-Hutson
Smith/FAC
way that are under the jurisdiction and control of an "authority" (i.e., a county or municipality).
x
Regulation Preemption
HB 687-LaRosa
The bill provides that an authority may not prohibit regulate, or charge for the collocation of
small wireless facilities in the public rights -of -way, except as specified in the bill. The bill
allows a nominal fee for collocation on a utility pole at $150 annually.
• Bills passed in all Senate and House committees
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Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
• BOCC passed Resolution 140-2015 supporting a tracking ban in Keys and State.
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Priority:
SB 442-Young
• Bill would prohibit the performance of advanced well stimulation treatments on oil or gas
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Fracking Ban
HB 451-Miller
Bernardino
wells. The bill defines the term "advanced well stimulation treatment' to include all stages of
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well intervention performed by injecting fluids into a rock formation.
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• Passed only its first Senate committee (unanimously); not heard at all in House.
• Bill would authorize the Division of Emergency Management of the Executive Office of the
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Governor to administer a $50M matching grant program for local governments to implement
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Flood Hazard
flood hazard risk reduction policies and projects; revising the powers of the Florida
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Mitigation
Reyes
Communities Trust to authorize the undertaking, coordination, and funding of flood mitigation
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SB 112-Bmndes
projects; authorizing the trust to acquire and dispose of real and personal property to reduce
HB 613
flood hazards, etc.
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Priority:
• Not heard in any House or Senate committees.
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Resiliency Planning
• This bill creates an interagency workgroup to share information, coordinate ongoing efforts and
Natural Hazards
collaborate on initiatives relating to natural hazards including, but not limited to, extreme heat,
HB 181-Jacobs
Bernardino
drought, wildfire, sea -level change, high tides, storm surge, saltwater intrusion, stormwater
t
SB464
runoff, flash floods, inland flooding, and coastal flooding. The workgroup would include
representatives for each agency within the executive branch and water management districts, and
the Public Service Commission. The Division of Emergency Management director will
coordinate it.
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• Bill passed.
Increased Homestead
SJR 1774-Lee
• Constitutional amendment to expand homestead exemption will go on November 2018 ballot.
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HJR 7105-LaRosa
FAC
• Provides an additional $25,000 homestead exemption on property value from $100K-125K.
Exemption
• Bills passed.
y
• The bill prohibits the state or a political subdivision, except when required by state or federal
'
law, from requiring a contractor, subcontractor, or material supplier or carrier engaged in a
-
public works project to pay employees a predetermined amount of wages or prescribe any wage
HB 599-
rate; provide employees a specified type, amount, or rate of employee benefits; control, limit, or
Williamson
FAC
expand staffing; or recruit, train, or hire employees from a designated, restricted, or single
Local Government Public
SB 534
source.
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Works Projects Preemption
• In addition, the bill provides that the state or a political subdivision that contracts for a public
works project may not prohibit a contractor, subcontractor, or material supplier or carrier from
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submitting a bid on the project if such individual is otherwise qualified to do the work
described. These prohibitions apply only to public works projects of which 50 percent or more
of the cost will be paid from state -appropriated funds that were appropriated at the time of the
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competitive solicitation. 'they also do not apply to contracts executed under chapter 337.
• After regulators last year approved a 14.5 percent increase in workers' compensation insurance
a a
Workers Compensation
SB 1582-Bradley
Reyes
rates, lawmakers faced pressure from business groups to make changes that would hold down
x
HB 7085-Burgess
rates. But the House and Senate could not agree on a plan, with the differences largely focused
a
on proposals to limit fees for injured workers' attorneys.
;
Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
• DOS -Libraries increased $ 1 M
State funding for Various
• DCF-Mental Health/Substance Abuse increased $15M
Programs
• DEO-Affordable housing increased $35M
• DOT-SCOP (localroads/bridges) decreased $4M
• DOH -County health department decreased $1 OM
• $0 for Florida Forever
• $0 for Florida Communities Trust
• $0 for Parks/FRDAP
• $1 OM for Rural and Family Lands
• $13.3 Keys Stewardship
State Funding for
• $13.3 St. Johns River Restoration
Environmental Project
• $21.7M State Parks
• $50M Statewide Water Projects
• $50M for springs restoration and protection
• $50M for beach restoration
• $267M for Everglades Restoration
Monroe County State Legislative Priorities and Issues Monitoring 2017- Session End Report
For additional information, below is a summary of Amendment 1 funds to date:
Approximate LATF Allocations 2015-2018
(from 1000 Friends of Florida)
Category
2015-2018
$ Million
% of Total LATF
Debt Service
537.1
22.60%
Salaries/Existing Agency Ops.
578.1
24.33%
Everglades
449.8
18.93%
Land Management
377.8
15.90%
Springs
138.6
5.83%
Regulatory
118.4
4.98%
Beach Management
75.7
3.19%
Rural and Family Lands
50
2.10%
Florida Forever
30.4
1.28%
Florida Comm. Trust
10.4
0.44%
Historic Preservation
9.7
0.41%
Water Projects
0.3
0.07%
Total
2376.3
100%
The Enariron ental and Economic Value of the
T'lorida esys....
• Monroe County's coast line extends from the Everglades to
the Dry Tortugas, and encompasses the Florida Keys
National Marine Sanctuary, 3 National Parks
(Everglades, Dry Tortugas and Biscayne), 4 National
Wildlife Refuges, 5 State Parks, and 3 State
Aquatic Preserves.
• Monroe County is designated by the State of Florida as an
Area of Critical State Concern.
• The Florida Keys economy generates over $413 in gross
sales. (FDOR, FY2014)
• Monroe County's tourism industry alone creates
approximately 33,000 jobs and $2.713 in sales. There were
4 million visits to Monroe County in 2011. (Monroe
County TDCReport, 2011)
• Monroe County's marine ecosystem supports over 6,000
species of fish, invertebrates and plants: and
critical spawning habitats to over 52o species of
recreational and commercial migratory, endemic, coastal
& pelagic finfish and shellfish,
providing unparalleled support
to fisheries and essential habitats'
throughout Florida and the Gulf. t
(NOAA's Florida Keys National
Marine Sanctuary Revised
Management Plan, 2007.) ,
• With the highest number of recognized International
Game Fish Association (IGFA) "World Record Game Fish"
records, and generating $433M in direct sales, Monroe
County is the global center of recreational and sport
fishing.
• Monroe County is the only port in the entire State of
Florida to rank among the nation's top 50 ports in
landings tonnage or landings value. It is the 13th most
valuable port in the nation and the 5th most
valuable port in the Gulf of Mexico. (NOAA's Fisheries
of the United States, August 2012.)
• Monroe County is home to Naval Air Station Key West the
U.S. Navy's premiere training facility hosts 6o,000
training operations a year and generates nearly $800M in
economic activity.
• Monroe County's population is 76,047 (EDR, Dec 2o16);
however, the County's functional population is twice that
at 157,o63 (combined residents and visitors on any given
day.)
• Monroe County generates over $2ooM in sales tape revenue
annually for the State of Florida.
STATE LEGISLATIVE DISTRICTS
Senate District 39:
Sen. Anitere Flores
House District 120:
Rep. Holly Raschein
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Mayor, George Neugent, District 2
BOCCDIS2@monroecounty-fl.gov
Mayor Pro Tern David Rice, District 4
BOCCDIS4@monroecounty-fl.gov
Danny Kolhage, District 1
BOCCDIS1@monroecounty-fl.gov
Heather Carruthers, District 3
BOCCDIS3@monroecounty-fl.gov
Sylvia Murphy, District 5
BOCCDIS5@monrocounty-fl.gov
County Administrator
Roman Gastesi
Gastesi-roman@)monroecounty-fl.gov
Office: 305-292-4441
Cell: 305-394-1332
Director of Legislative Affairs
Lisa Tennyson
Tennyson-lisa@monroecounty-fl.gov
Office: 305-292-4444
Cell: 305-509-1709
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Monroe County
Board of County Commissioners
STATE
LEGISLATIVE PRIORITIES
2017
WATER QUALITY
N INFRASTRUCTURE
PROTECT AND PR
OUTSTANDING WATERQUALITY 0
THE FLORIDA
PROTECT THE ENVIRONMENT,
CRITICAL HABITAT, PROPERTY
RIGHTS,BL
FLORID,MILITARY VALUE OF THE
KEYS
FLORIDA KEYS STEWARDSHIP ACT FUNDING
INVESTS IN CRITICALLY IMPORTANT
WATER QUALITYPROTECTION
WHY IS INVESTMENT IN WATER QUALITY
SO IMPORTANT IN THE FLORIDA KEYS?
• The degradation of water quality threatens the unique, fragile
and complex marine ecosystem of the Florida Keys.
• This ecosystem is the lifeblood of a marine -based fisheries and
tourism economythat generates over
n4 IN ECONOMICACTIVI _ A and
1q.2OOM INSAL.ESTAX REVENUE FOR THE
STATE.
• Water quality improvement measures are mandated in the
Florida Keys per the Fechal Mbkr Quality PrukKfim Pitgain
that addresses three major wAuter qualityareas:
* Advanced WastewaterTreatment;
* Storm WaterManagement; and
* Canal Water Restoration.
• The State also imposes water quality protection measures via its
designation of the Keys nearshore waters as "Outstanding
Florida Waters" (O
• These Federal and State environmental mandates are designed
to protect invaluable natural resources, namely
* The Florida Keys National Maiine Sanctuary,
* The world's third largest barrier reef, and the only living
coral reef system in the continental U.S.;
* The largest sea grass meadowin the hemispheres.
• Restoration of Impaired Canal Waters: With the near
completion of wastewater, we have begun to address another criti-
cal component for protecting the waters of the National Marine
Sanctuary. 301 canals throughout the Keys fail to
meet State water Equality standards. Restoration will
bring these waters into compliance, protect health and natural
resources, and ensure the continued vibrancy of the Keys' marine -
based tourism economy.
• LOCAL INVESTMENT AND PROGRESS in Canal Resto-
ration: Monroe County has invested 87M toimplementa
canal restoration pilot project, restoring 7 canals using various
technologies. Monitoring is underway and its too early for results,
but we can already see dramatic improvements in water quality.
Additional Priorities:
♦ PREVENTION OF DERELICT VESSELS
AND ILLEGAL VESSEL DISCHARGE
♦ AFFORDABLE WIND and FLOOD INSD
ANCE
♦ EVERGLADES RESTORATION FUNDIA
♦ MAINTAINSTATE FUNDING LEVELS
♦ PRESERVATION OF HOME RULE POW
ERS OFLOCAL GOVERNMENTS —
LIMIT PRE-EMPTIONS, COST
SHIFTS, AND UNFUNDED MAN-
DATES
• SUPPORT legislation to authorize Monroe to continuE
provide its vessel p n i rout program to protect water qua
in the National Marine Sanctuary, funding to support this crit
water protection program. (11137o43/SM338).
• SUPPORT state funding to augment costs of Morin
vessel pump-outprogram.
• SUPPORT state legislative efforts that recognize 1
importance of affadahle wind and flood nrsaAnoe to hoi
owners, local businesses and local economies; support a roll-h
of this year's 8.9% wind insurance increase for Monroe County.
• SUPPORT funding for Everglades Restorati,
particularly for storage facilities that will reduce damaging LA
discharges and increase flows to Fkaida Bay.
• SUPPORT HB I295, a local bill to permit local advisc
committees to meet telephonically.
• SUPPORT adequate and fair fimdingforClerks'offices
• SUPPORT current number of county court judgesh
and county court budgets.
• SUPPORT efforts to allow local coastal communities
ban the use of single useplastic haW. (HB93/SB162)
• SUPPORT state funding for affordable housing mer
health, libraries, roads, social services, and vetera
services.
• OPPOSE pre-emptions that reduce local control and k
revenue sources, including.
* HB 17- Local Government Regulations
* SB596: Cell Tower/Telecom Companies
* SBi88/HB425: Vacation Rentals
FAC Public Policy Team
May 10, 2017
Ap-
Ali
LI
FA
FAC P
Davin Suggs
Director of Public Policy
dsuggs@fl-counties.com
v
ublic Policy Tear
Tiffany Henderson
Senior Public Policy Assistant
thenderson@fLcounfies.com
Carter Smith
Public Policy Intern
csmith@fl-counties.com
Eric Poole
Deputy Director of Public Policy
epoo�Lej'2@fl-counties.com
5/10/ 017
Susan Harbin, E
Senior Associate Director o
s fl-countie
Laura Youmans, Es
Associate Director of Publ
Ivournans@fl-counties
Casey Perkins
Chief of Policy Res(
werkinsWI-countie
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Oplold Abuse
Policy Statement Legislative Result
• The Florida Association of Counties
SUPPORTS providing life-saving SB 150 St e- /
interventions, medically -assisted Controlled Substances
ces
4
detoxification programs, and diversions
from the criminal justice system for those S 8 (ssid mo)/ B 249 (Rom ell
suffering from opioid addiction. Drug Overdoses
• The association also SUPPORTS efforts to SB 788 ( le e_ s) 14B 07(Ha -
stop opioid trafficking and increased M brt x a - - -s for t
penalties for dealers and traffickers whose Abuse Services
actions result in loss of life.
n he Budget-
$7 million ec. u. in aunnRIF
3.521 million non -recurring
5/10/ 017
Packet Pg. 19
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CqMpi:ehensive Water Policy
Policy Statement
Legislative Result
• Protecting the quality and quantity of our
water resources remains the biggest
S B 10 (Bradley .,: Water
challenge in ensuring the overall health of
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Florida's economy, its people and its
Tank Inspections
environment. In short, clean and
abundant water is paramount to
V S B �G �� r � sI� H
( yand
preserving our way of life.
Relating o P ll � �� �§ tio.
• Related Issues include:
Water Related ed pa
• Amendment 1 Implementation
springs re r o :
• Water Supply
$ Drinking ��� efaci �'
• Water Quality
revolving loan . ogr
e r revoMr
Wastewater
142,688,031
2017 FAC Priorities
Beach ReNourishment
Policy
• SUPPORT the creation of a new dedicated
and recurring statutory funding source for
beach renourishment projects which
accurately reflects the increase in
participating programs and future beach
and inlet project funding needs.
• SUPPORT the revision of statutory criteria
for the annual ranking of beach projects
for state cost sharing; specifically, the
inclusion of criteria that recognizes
economic benefits and cost effectiveness,
reduction in storm damage, ability to
leverage matching funds, and dune
restoration as an investment in beach
protection and preservation.
(t ° H
Relating to Coastal �
Beach ate a F
� 51
P i _s
provided for sta is
projects.
Beach , J
provided for beach
and reconstrucCon
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0
Cn
W O
Tax Reform 2017 FAC Priorities
Policy Statement
• SUPPORT tax reform measures that
simplify administration and provide an
economic boost to Florida's taxpayers
while at the same time considering and
minimizing the collective and cumulative
negative impact on local revenues...
Related Issues Include:
• Communications Services Taxes
• "Rent Tax"
• Elimination of Recapture
• Aviation Fuel Taxes
• 10% Non -Homestead Limitation
• Local Discretionary Revenue
Flexibility
• Expansion of Charter County
Transportation Surtax
• "Index the Gas Tax"
5/10/ 017
Legislative Result
Relating to hicreas&
Property T. x Exernp,
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4. Legislative Committee Weeks — October; Tallahassee
5. Legislative Conference — November 15, 2017; Sarasota C
6. Legislative Committee Weeks — November; Tallahas
Questions, Discussion &Guidance
facebook.com/flcounties
Twitter: @flcounties
Florida Legislature
2017 Regular Session
Final Report
Prepared for Monroe County
Anfield Consulting
201 West Park Avenue
Suite 100
Tallahassee, FL 32301
866-960-5939
Table of Contents
INTRODUCTION.....................................................................................................................2
BUDGETISSUES.....................................................................................................................3
FY 2017-18 General Appropriations Act (SB 2500)............................................................................3
Education Appropriations — $21.1 billion.........................................................................................4
Health Appropriations — $34.165 billion..........................................................................................5
Criminal and Civil Justice Appropriations — $4.99 billion..................................................................6
Transportation and Economic Development Appropriations — $12.9 billion.....................................7
General Government/Agriculture and Natural Resources Appropriations — $3.6 billion..................10
Budget Implementing Bill (SB 2502)..............................................................................................12
SUBSTANTIVE BILLS.............................................................................................................13
WaterResources (SB 10)...............................................................................................................13
Renewable Energy Source Devices (SB 90).....................................................................................16
NaturalHazards (HB 181)..............................................................................................................19
StatePark Fees (HB 185)...............................................................................................................20
Resource Recovery and Management (HB 335).............................................................................21
Water Protection and Sustainability (HB 573)................................................................................23
Public Works Projects (HB 599).....................................................................................................24
Utilities(HB 687)..........................................................................................................................26
FloodInsurance (HB 813)..............................................................................................................28
Sharks(SB 884).............................................................................................................................30
Pollution(SB 1018).......................................................................................................................31
Construction(HB 1021).................................................................................................................35
Marine Turtle Protection (HB 1031)..............................................................................................39
Vessels(HB 7043).........................................................................................................................40
Gulf Coast Economic Corridor (HB 7077)........................................................................................42
1
INTRODUCTION
This year, the general tone of the session was dominated by the top legislative priorities of the
presiding officers of the Florida Senate and House of Representatives, as well as much publicized
disputes with Governor Scott relating to the future of Enterprise Florida and Visit Florida. Top
among these bills were comprehensive tax relief, ethics reform and local governance legislation
promoted by the Speaker and measures relating to Everglades restoration and funding for higher
education championed by the Senate President. As the session continued, tension between the
Governor and the Legislature came to the forefront with Governor Scott's priorities being partially
or fully rejected.
A number of bills that would have had significant adverse impacts on home rule were introduced
in both chambers, including measures relating to the assessment of ad -valorem taxes, legislation
seeking to limit the ability of local governments to raise revenues, the location of
telecommunications facilities, and the local regulation of vacation rentals. Although several bills
were amended to address concerns by the Florida Association of Counties and Florida League of
Cities, in the end, the passage of HB 7105, which will place a constitutional amendment on the
ballot in the fall of 2018 providing for an additional $25,000 homestead tax exemption will likely
inflict the harshest blow to local governments, resulting in a projected loss of $650 million in
revenues to counties alone. As of the date of this report, the FLC is still attempting to determine
the impact to cities in the state. And while the Legislature intends to limit impacts to fiscally
constrained counties by backfilling revenue losses, cities will not receive the same treatment as
there is no such designation for them.
This session, 1,606 general, 70 local and 1,210 appropriations projects bills were filed. Of those,
204 general bills and 38 local bills passed both chambers. In addition, there were five concurrent
resolutions, two joint resolutions, and one memorial that passed both chambers. Last session
(2016), 1,506 general and 35 local bills were filed. Of those, 229 general bills and 23 local bills
passed both chambers. In addition, there were two concurrent resolutions and two memorials that
passed both chambers. In 2014 and 2015, 229 and 227 general bills passed both chambers,
respectively. While a little low this year, the number of bills passed is certainly is not an aberration
from past years.
Recognizing the hard work of our team of colleagues, we present this End of Session Report with
summaries of the enrolled bills on which the Anfield Consulting Team focused its attention.
2
BUDGET ISSUES
Faced with short term decreases in revenues, the Republican -led Legislature agreed on a $82.42
billion budget with approximately $180 million in tax relief measures. Compared to the FY 2016-
17 budget, this represents a $0.07 billion (1.0%) increase. The Legislature also placed an additional
$3.2 billion dollars in reserves.
Since the overwhelming majority of state funding support for local government programs and
projects are found in the Transportation and Economic Development (TED) and Agricultural and
Natural Resources (ANR) appropriations budgets, we have provided more detail in these two
areas. If you have concerns or would like additional information on any other part of the state
budget or veto (when available) not included, please let us know, and we will gladly provide it.
SB 2500 provides:
• General Revenue: $30.9 billion
• State Trust Funds: $23.9 billion
• Federal Trust Funds: $27.6 billion
Reserves: $3.2 billion Total Aggregate:
• $1.2 billion — Working Capital
• $1.4 billion — Budget Stabilization Fund
• $667.4 million — Lawton Chiles Endowment Fund
The Budget is summarized by committee as follows:
Statewide Issues Including State Employee Compensation and Benefits
Pay Issues (SB 7022) — Total $183.1 million [$109.7 million GR; $73.4 million TF]
• State Employee Pay Increase — $1,400 for under $40,000; $1,000 for over $40,000
• Correctional Officers:
0 Minimum salary increase; current officers receive at least a $2,500 increase
0 10% Special Duty Pay Additive for certified officers assigned to mental health
units
0 $1,000 hiring bonus for Institution with high vacancy rates
State Law Enforcement Officers — 5% pay increase
• FHP Law Enforcement Officer minimum salary increase
• Judges, Elected State Attorneys and Public Defenders — 10% pay increase
Criminal Conflict and Civil Regional Counsels — $10,000 increase
Florida Retirement System (SB 7022)
• In line of duty death benefits for all members in the Investment Plan
• Renewed membership in the Investment Plan for reemployed retirees
Information Technology Total — $3.0 million [$1.8 million GR; $1.2 million TF]
3
Domestic Security Total - $41.2 million TF
State Match for Federally Declared Disasters Total - $45.1 million GR
Education Appropriations - $21.1 billion
$ 16.2 billion General Revenue
$ 6.8 billion Trust Funds
Major Issues
PreK-12 Education
Early Learning Services - Total: $1.06 billion [$554 million GR; $507.8 million TF]
• Voluntary Prekindergarten Program - $396.8 million GR; including $1.6 million for 549
additional students
• School Readiness Program - $608.4 million [$140.6 million GR; $467.8 million TF]
Public Schools/K12 FEFP - Total: $20.4 billion [$11.4 billion state funds; $9 billion local
funds]
• FEFP Total Funds Increase is $241.4 million or 1.2%
• FEFP Increase in Total Funds per Student is $24, a .34% increase [from $7,196 to
$7,221 ]
• Enrollment Workload Increase of $172 million for additional 23,919 students
• Property Tax Millage Reduction of .316 mills [Property Tax Relief of $510 million]
• Federally Connected Student Supplement - total $12.8 million
• ESE Guaranteed Allocation - workload increase of $5.5 million
• Supplemental Academic Instruction - increase of $5.5 million, including workload
and $52.5 million for the Extended Day Program for Intensive Reading for 300 low
performing elementary schools
• Student Transportation - $3.7 million increase for a total of $438.9 million
• Instructional Materials - $2 million increase for a total of $230.7 million
• Digital Classrooms - $80 million for computer hardware, devices, software and
professional development
Public Schools/K12 Non-FEFP
• Mentoring Programs - $16 million GR
• Gardiner Scholarships - $73.3 million GR
• School District Matching Grants for school district foundations - $4 million GR
• School and Instructional Enhancement Grants - $32 million GR
• Exceptional Education Grants - $6.1 million [$3.8 million GR; $2.3 million TF]
• Florida School for the Deaf and Blind - $51.6 million [$47 million GR; $4.6 million
TF]
State Board of Education Total: $237.4 million [$85.3 million GR; $152.1 million TF]
4
• Assessment and Evaluation - $109.2 million [$52.9 million GR; $56.3 million TF]
• Transfer of $2.7 million to State Board of Community Colleges [$2.5 million GR and
$.2 million TF]
• Extra Hour of Reading Study $500,000 GR
Health Appropriations - $34.165 billion
$9.41 billion General Revenue
$24.75 billion Trust Funds
Major Issues
Agency for Health Care Administration - Total: $26,357.3 million [$6,492.7 million GR;
$19,864.6 million TF]
• Medicaid Price Level and Workload - $568.1 million [$181.9 million GR; $386.2
million TF]
• KidCare Workload - $62.7 million [$.7 million GR; $1.6 million TF]
• Nonrecurring Restoration of Hospital Exemption Payments - $130.3 million [$50.0
million GR; $80.3 million TF]
• DRG Rate Adjustors for Children's Hospitals - $24.5 million [$8.6 million GR;
$15.1 million TF]
• Rural Inpatient Hospital Reimbursement Adjustment - $6.5 million [$2.5 million GR;
$4.0 million TF]
• Private Intermediate Care Facilities for the Developmentally Disabled (ICF/DD) Rate
Increase - $2.6 million [$1.0 million GR; $1.6 million TF]
Agency for Persons with Disabilities - Total: $1,287.6 million [$526.1 million GR; $761.5
million TF]
Licensed Practical Nurse Rate Increase - $3.4 million [$1.3 million GR; $2.1 million
TF]
Serve Additional Clients on the Home and Community Based Services Waiver (will
serve approximately 341 individuals) - $3.7 million [$1.4 million GR; $2.3 million
TF]
Department of Children and Families - Total: $3,155.2 million [$1,714.2 million GR;
$1,441.0 million TF]
• State Mental Health Treatment Facilities Workload - 65.0 FTE; $4.6 million GR
• Child Care Regulation Workload - 10.0 FTE; $1.1 million [$0.6 million GR; $0.4
million TF]
• Prescription Drug Abuse Treatment Services - $27.2 million TF (federal grant)
• Community Based Care Agencies' Services - $18 million [$7.6 million GR; $10.4
million TF]
• Community Substance Abuse and Mental Health Services - $10 million [$6.0 million
GR; $4.0 million TF]
• Children's Mental Health Community Action (CAT) Teams (3) - $2.3 million GR
5
• State Mental Health Treatment Facilities OPS Restoration - $2.7 million GR
• Maintenance Adoption Subsidies - $6.3 million [$3.4 million GR; $2.9 million TF]
• Nonrelative Caregiver Program - $3.9 million TF
• Medicaid Eligibility System Technology Improvement Initiative - $27.5 million TF
• Domestic Violence Services - $1 million TF
• Sheriffs' Child Protective Investigations - $1 million GR
Department of Elder Affairs - Total: $315.8 million [$146.0 million GR; $169.8 million
TF]
• Alzheimer's Respite Care - 249 slots - $3.0 million GR
• Community Care for the Elderly (CCE) Program - 495 slots - $4.0 million GR
• Home Care for the Elderly (HCE) Program - 274 slots - $1.0 million GR
• Public Guardianship Services - 285 slots - $0.8 million GR
• Specialized Alzheimer's Day Care Center Rate Increase - $1.0 million GR
Department of Health - Total: $ 2,899.6 million [$518.6 million GR; $2,381.0 million TF]
• Epidemiology, Surveillance, and Outbreak Control Workload - $1.9 million [$1.0
million GR; $0.9 million TF]
• Poison Control Centers - $3.7 million GR
• Child Protection Teams - $ 1.7 million GR
• Office of Compassionate Use Workload - 9.0 FTE; $0.8 million TF
Department of Veterans Affairs - Total: $149.5 million [$13.1 million GR; $136.4 million
TF]
• 7th State Veterans' Nursing Home - complete construction - $38.7 million TF
• 8th State Veterans' Nursing Home - renovation/retrofit former Navy health facility -
$3 million GR; $5.7 million TF
• Veterans' Benefits and Assistance Workload - 5.0 FTE; $0.4 million GR
• Florida is For Veterans Training Grants - $1.5 million GR
Criminal and Civil Justice Appropriations - $4.99 billion
$4.10 billion General Revenue
$890.8 million Trust Funds
Major Issues
Attorney General/ Legal Affairs - Total: $295.4 million [$54.8 million GR; $240.6 million
TF]
• Criminal appeals workload - 10 FTE and $0.8 million GR
• Information technology workload - 3 FTE and $0.2 million TF
• Information technology infrastructure improvements - $0.6 million TF
• Statewide prosecution case management system - $0.8 million TF
• Leased office space cost increase - $0.3 million GR; $0.2 million TF
• Increased cost of statewide prosecution - $0.3 million TF
0
Department of Corrections - Total: $2.42 billion [$2.35 billion GR; $74.5 million TF]
• Funding the Department of Corrections health services deficit - $18.0 million GR
• New residential mental health facility - $14.4 million GR
• Fixed capital outlay for repair and maintenance of DOC facilities - $6.5 million GR
Florida Department of Law Enforcement (FDLE) - Total: $299.5 million [$110.0 million
GR; $189.5 million TF]
• Sexual assault kit backlog reduction plan - 5 FTE and $0.8 million GR
• Improve sexual offender and predator registry - $1.9 million TF
• Increase trust fund authority for law enforcement training - $2.2 million TF
• Increase sexual assault kit grants - $0.4 million TF
• Enhance missing children response and investigations - 9 FTE and $0.7 million TF
• Unsolved case website - $0.2 million GR
• Funds final year of Computerized Criminal History (CCH) database - $5.0 million
TF
Department of Juvenile Justice - Total: $564.8 million [$408.7 million GR; $156.1 million
TF]
• PACE Centers for Girls - $2.8 million GR
• Funds state share of juvenile detention cost share - $2.5 million GR
• Increases the number of juvenile residential commitment beds - $5.2 million GR
• Funds enhanced evidence -based services for residential programs - $5.3 million TF
• Funds the SNAP Program for young children - $1.1 million TF
• Fixed capital outlay for repair and maintenance of department -owned facilities - $4.2
million GR
• Funds Prodigy Program - $1.0 million TF
State Court System - Total: $514.7 million [$423.2 million GR; $91.4 million TF]
• Address additional 3rd DCA courthouse costs - $3.4 million GR
• Naltrexone injections to treat opioid- and alcohol -addicted offenders - $2.5 million
GR
• Veterans Courts - $0.8 million GR
Justice Administration - Total: $884.2 million [$745.8 million GR; $138.5 million TF]
• Increased due process funding for death penalty cases - $1.3 million GR
• Regional Conflict Counsel workload - $0.6 million in GR
Clerks of the Court
• Address clerk revenue deficits - $7 million nonrecurring GR for CFY 2016-17 and a
conforming bill that redirects $10.4 million in recurring GR to the clerks
Transportation and Economic Development Appropriations - $12.9 billion
$168.3 million General Revenue
$12.7 billion Trust Funds
7
Major Issues
• Transportation Work Program — $9.9 billion TF
• Affordable Housing Programs — $250.0 million TF
• Economic Development Incentive Programs, Projects and Initiatives — $83.4 million
TF
• Economic Development Partners — $135.8 million TF
• Library Grants and Initiatives — $39.4 million GR
• Cultural and Museum Grants and Initiatives — $24.2 million (TF and GR)
• Historic Preservation Grants and Initiatives — $11.8 million (TF and GR)
• Motorist Modernization Project and Enterprise Data Infrastructure — $17.5 million TF
• National Guard Tuition Assistance — $4.5 million GR
Department of Economic Opportunity — Total: $925.6 million [$46.9 million GR; $878.7
million TF]
• Economic Development Incentive Programs, Projects and Initiatives — $77.6 million
TF includes:
o Economic Development Partners — $29.7 million TF includes:
o Florida Sports Foundation — $4.7 million TF
o Space Florida — $19.5 million TF [$12.5 million recurring; $7 million
nonrecurring]
o Institute for the Commercialization of Public Research — $5.5 million TF
[$1.0 million recurring; $4.5 million nonrecurring]
• Additionally, Conference Report on HB 5501 includes:
o Visit Florida, Inc. — $25 million nonrecurring GR
o Enterprise Florida, Inc. — $16 million nonrecurring GR
• Workforce Development Programs, Projects, and Initiatives — $23.6 million TF
includes:
o Quick Response Training Program — $16.0 million TF
o Workforce Development Projects and Initiatives — $7.6 nonrecurring GR
• Affordable Housing Programs — $250.0 million TF:
o SHIP — $150.0 million TF (allocated to local governments), includes:
■ More flexibility in the SHIP program regarding rent subsidies and
rental assistance
$5.2 million allocated for homeless Challenge Grants
• State Housing Programs — $100.0 million TF includes:
o At least 50 percent for the SAIL Program
o $10 million for competitive grant program for housing developments designed
for persons with developmental disabilities
o $40 million for workforce housing to serve low-income persons and certain
households in the Florida Keys
o Housing and Community Development Programs, Projects, and Initiatives —
$23.1 million TF
0
Department of State - Total: $124.6 million [$91.6 million GR; $33.0 TF]
• State Aid to Libraries - $25.2 million GR
• Libraries - $5.1 million GR
o Library Technology Grants - $3.1 million nonrecurring GR
o Library Cooperatives - $2 million nonrecurring GR
• Cultural and Museum Program Support and Facilities Grants - $26.8 million [$25.3
million nonrecurring GR; $1.5 million TF]
• Historic Small Matching and Facilities Grants - $7.9 million nonrecurring GR
Department of Transportation - Total: $10.9 billion TF
• Transportation Work Program - $9.9 billion TF: - Major Categories include:
o Highway and Bridge Construction - $4.2 billion
o Resurfacing and Maintenance - $1.1 billion
o Design and Engineering - $1.2 billion
o Right of Way Land Acquisition - $739.1 million
o Public Transit Development Grants - $631.2 million
o Rail Development Grants - $233.7 million
o County Transportation Programs:
■ Small County Road Assistance Program (SCRAP) - $30.0 million
■ Small County Outreach Program (SCOP) - $64.4 million (includes $9
million for
Small Cities)
■ Other County Transportation Programs - $54.5 million
o Aviation Development Grants - $257.1 million
o Seaport and Intermodal Development Grants - $188.0 million
o Local Transportation ("Road Fund") Projects - $81.5 million TF
Transportation Disadvantaged Program Grants - $54.1 million
Department of Military Affairs - Total: $72.1 million [$29.8 million GR; $42.3 million
TF]
• Armories - $6.0 million GR
• Community Outreach Programs (Forward March and About Face) - $1.7 million
recurring GR
• Secure and Harden State Readiness Centers - $2.0 million GR
• Tuition Assistance for Florida National Guard - $3.5 million GR
Department of Highway Safety and Motor Vehicles - Total: $467.0 million TF
• Florida Highway Patrol:
o Replacement of In -Car Digital Video Cameras - $3.6 million TF
• Motorist Modernization Project - Phase I and II - $14.0 million TF
• Enterprise Data Infrastructure - $3.5 million TF
Division of Emergency Management - Total: $392.3 million TF
0
• Federally Declared Disaster Funding, excluding state match - $310.5 million:
o Communities - $293.3 million
o State Operations - $17.2 million
• Statewide Notification and Alert System - $3.5 million TF
General Government/Agriculture and Natural Resources Appropriations - $3.6 billion
$395.2 million General Revenue
$723.4 million in LATF
$2.5 billion Other Trust Funds
Major Issues
Department of Agriculture and Consumer Services - Total: $1.7 billion ($198.8 million
GR; $723.4 million LATF; $1.5 billion TF)
• Florida Forever/Rural and Family Lands Protection Program $10 million GR
• Lake Okeechobee Agricultural Projects $5.5 million GR
• Water Supply Planning and Conservation $1.5 million TF
• Agricultural Best Management Practices Partnership Agreements $1.4 million TF
• Passive Dispersed Water - $5 million
• Mosquito Control - $2.74 million
• Wildfire Suppression Equipment $4.9 million TF
• Florida Forest Service Grants for Endangered Species $1.2 million TF
• Citrus Greening Research $8 million TF
• Farm Share and Food Banks $6.1 million GR
• Agriculture Education and Promotion Facilities $2.6 million GR
• Citrus Health Response Program $7.1 million TF
• Kissimmee Animal Diagnostic Lab $4.1 million GR
• African Snail Eradication Program $2.3 million TF
• Child Nutrition Program Grants $99.2 million TF
Department of Environmental Protection - Total: $1.4 billion ($175.7 million GR; $528.9
million LATF; $727.9 million TF)
• Everglades Restoration $167.7 million ($11.6 million GR; $126.9 million LATF;
$29.2 million TF)
Northern Everglades Rest. $35.0 million ($28.2 million LATF; $6.8 million GR)
Additional Everglades Funding in SB 10 include:
o $30 million for land acquisition for the EAA Reservoir (LATF)
o $3 million to plan for a deep water reservoir in the EAA (LATF)
o $30 million to Implement Phase 1 of the C-51 Reservoir (GR)
o $1 million to negotiate the purchase of Phase 2 of the C-51 Reservoir (LATF)
St. John River/Keystone Heights Restoration, Public Access and Recreation $13.3
million ($7.8 million GR; $5.5 million LATF)
10
• Monroe County/Florida Keys Area of Critical State Concern $13.3 million ($13.0
million GR; $0.3 million LATF)
• Hurricane Recovery Beach Projects $13.3 million GR
• Beach Management Funding Assistance $50 million ($29.5 million LATF; $20.1
million GR)
• Springs Restoration $50 million LATF (base funding)
• Water Projects $55.6 million GR
• Osborne Reef Restoration $ 1 million TF
• State Parks Maintenance and Repairs $21.7 million TF
• Petroleum Tanks Cleanup Program $115 million TF
• Total Maximum Daily Loads (TMDLs) $7.4 million GR
• Drinking Water and Wastewater Revolving Loan Programs $13.4 million GR; $226.9
million TF
• Hazardous Waste/Site Cleanup $8.5 million TF
• Small County Solid Waste Management Grants $3.0 million TF
• Small County Wastewater Treatment Grants $13 million TF
• Lake Apopka $2 million GR
• Local Parks $1.7 million GR
• Water Management Districts' Minimum Flows and Levels Support $1.9 million
LATF
Fish and Wildlife Conservation Commission — Total: $370.5 million ($35.5 million GR;
$101.3 million LATF; $233.7 million TF)
• Apollo Marine Fish Hatchery $3.5 million TF
• Boating Infrastructure and Improvement Program $5.7 million TF
• Artificial Fishing Reef Construction $.6 million TF
• Derelict Vessel Removal $1.5 million TF
• Black Bear Conflict Reduction $.4 million GR
• Building Improvements $1.2 million ($0.5 million GR; $0.7 million TF)
11
The Conference Committee Amendment for SB 2502, 1st Eng., implementing the 2017-2018
General Appropriations Act, provides, among other provisions, for the following:
Land Acquisition Trust Fund (Sections 35 & 36) — Authorizes the Governor, if there is a specified
deficiency in a land acquisition trust fund in the Department of Agriculture and Consumer
Services, the Department of Environmental Protection, the Department of State, or the Fish and
Wildlife Conservation Commission, to transfer funds from other trust funds in the State Treasury
as a temporary loan to the LATF. This section also provides procedures for the transfer and
repayment of the loan as well as a legislative determination that the repayment of the temporary
loan is a constitutionally allowable use of such moneys. Lastly, Section 36 sets for the procedures
and requirements for the Department of Environmental Protection to transfer designated
proportions of the revenues deposited in the Land Acquisition Trust Fund within the department
to land acquisition trust funds in the Department of Agriculture and Consumer Services, the
Department of State, and the Fish and Wildlife Conservation Commission as specified in the GAA.
Everglades Restoration (Sections 38 & 39) — Provides that funds distributed for Everglades
restoration activities from the Save Our Everglades Trust Fund and the LATF shall be matched by
the water management district. The requirement to match funds allocated from the LATF however,
expires on July 1, 2018.
Volkswagen Settlement (Section 40) — Authorizes the Legislative Budget Commission to increase
funds to the Department of Environmental Protection for fixed capital outlay projects using funds
provided from the settlements of the lawsuit brought by the U.S. Government against Volkswagen
for violations of the Clean Air Act in accordance with the partial consent decree entered into in
that case.
Florida Smart City Challenge Grant Program (Section 45) — Creates Section 316.0898, F.S., which
establishes a grant program aimed at identifying transportation challenges and how emerging
technologies can address those challenges. Local governments wishing to participate in the
program must demonstrate and document the adoption of emerging technologies and their impact
on the transportation system. Applicants for the grants must address all of the following focus
areas at a minimum:
(a) Autonomous vehicles,
(b) Connected vehicles,
(c) Sensor -based infrastructure,
(d) Collecting and using data,
(e) Electric vehicles, including charging stations, and
(f) Developing strategic models and partnerships.
Workgroup on Affordable Housing (Section 46) — Provides for the creation of the workgroup on
affordable housing within the Florida Housing Finance Corporation including provisions relating
to the duties and composition of the workgroup.
12
SUBSTANTIVE BILLS
l
Background: In 2000, Congress, as part of the Clean Water Act, approved implementation of the
Comprehensive Everglades Restoration Plan (CERP) as a means of bringing all major water
projects tied to Everglades restoration under one state -federal umbrella. Many of the current
reservoirs, the Aquifer Storage and Recovery (ASR) systems, Stormwater Treatment Areas (STAs)
and other projects that have been built or are under construction are integrated parts of CERP.
In 2008, then Gov. Charlie Crist signed the River of Grass agreement with the U.S. Sugar
Corporation, which contained options to buy more than 187,000 acres in the Everglades
Agricultural Area (EAA) for purposes of constructing a more historical "flow -way" from the lake
to the Everglades. Because of the magnitude of this acquisition, many CERP projects were put on
indefinite hold to re-evaluate their design aspects to account for this prospective purchase.
Eventually the SFWMD, citing lack of available funding, opted to buy only 26,800 acres of land.
Under an amended agreement with U.S. Sugar that same year, the SFWMD retained the right under
three different options to purchase the remaining 153,200 acres. The first two options have since
expired. The remaining third option allows the SFWMD to purchase the land at "fair market value"
in competition with other buyers.
In recent years, strain on the Herbert Hoover Dike and algae blooms in the St. Lucie and
Caloosahatchee Rivers estuaries (which the bill's proponents have blamed on high -volume
freshwater discharges from Lake Okeechobee) has led to increasing calls for more freshwater
storage capacity south of Lake O.
Proposed Changes: In the broadest terms, the bill provides direction to the SFWMD to purchase
land and renegotiate leases south of Lake Okeechobee to achieve up to an additional 360,000 acre-
feet of water storage located in the Everglades Agricultural Area, including 60,000 acre-feet for
the C-51 reservoir project. The SFWMD must seek out willing buyers with the EAA in order to
meet this goal, as the bill prohibits the state from exercising its right of eminent domain, and
furthermore limits the amount of land that can be acquired from private sellers.
Specifically, the bill:
• Authorizes the Board of Trustees of the Internal Improvement Trust Fund (BOT) and
the South Florida Water Management District (SFWMD) to negotiate the amendment
or termination of leases on lands within the EAA for exchange or use for the EAA
reservoir project;
Requires lease agreements relating to land in the EAA leased to the Prison
Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE Enterprises) for an
agricultural work program to be terminated in accordance with the lease terms;
Requires the SFWMD, upon the effective date of the act, to identify the lessees of the
approximately 3,200 acres of land owned by the state or the district west of the A-2
parcel and east of the Miami Canal and the private property owners of the
approximately 500 acres of land surrounded by such lands;
13
• Requires the SFWMD, by July 31, 2017, to contact the lessors and landowners of such
lands to express the SFWMD's interest in acquiring the land through the purchase or
exchange of lands or by the amendment or termination of lease agreements;
• Requires the SFWMD to jointly develop a post -authorization change report with the
United States Army Corps of Engineers (Corps) for the Central Everglades Planning
Project (CEPP) to revise the project component located on the A-2 parcel for
implementation of the EAA reservoir project;
• Provides that if the Corps has not approved and submitted the SFWMD's post -
authorization change report to Congress for alternative storage in the A-2 by Oct. 1,
2018, or if Congress has not approved the report by Dec. 31, 2019, the SFWMD must,
unless granted an extension by the Legislature, request the Corps initiate a post -
implementation change report for the EAA reservoir project and proceed with
implementation of CEPP project components in accordance with the final project
implementation report;
• Requires the SFWMD to give preference to the hiring of former agricultural workers
in the EAA, consistent with their qualifications and abilities, for the construction and
operation of the EAA reservoir project;
• Establishes the Everglades Restoration Agricultural Community Employment Training
Program within the Department of Economic Opportunity to provide grants for
employment programs that seek to match persons who complete such training programs
to nonagricultural employment opportunities in areas of high agricultural employment,
and to provide other training, educational, and information services necessary to
stimulate the creation of jobs in the areas of agricultural unemployment. The program
is required to include opportunities to obtain the qualifications and skills necessary for
jobs related to federal and state restoration projects, the Airglades Airport in Hendry
County, or an inland port in Palm Beach County;
• Establishes a revolving loan fund to provide funding assistance to local governments
and water supply entities for the development and construction of water storage
facilities; which cannot be funded through the traditional SRF program;
• Revises the uses of the Water Protection and Sustainability Program Trust Fund to
include the water storage facility revolving loan program and delete programs that are
no longer funded from it;
• Prohibits, beginning July 1, 2017, the use of inmates for correctional work programs in
the agricultural industry in the EAA or in any area experiencing high unemployment
rates in the agricultural sector;
• Beginning in Fiscal Year 2018-2019, appropriates the sum of $64 million from the
Land Acquisition Trust Fund (LATF) to the Everglades Trust Fund for the purpose of
implementing the water storage reservoir projects, with the remainder of such funds in
any fiscal year to be made available for Everglades projects, with Phase 11 of the C-51
project having preference. Bonding authority for the funds is set at $800 million, which
is estimated to be half of the EAA reservoir project cost.
The bill provides the following appropriations for the 2017-2018 fiscal year:
• $30 million in nonrecurring funds from the LATF is appropriated to the Everglades
Trust Fund for the purposes of acquiring land or negotiating leases pursuant to
14
s. 373.4598(4), F.S., or for any cost related to the planning or construction of the EAA
reservoir project;
• $3 million in nonrecurring funds from the LATF to the Everglades Trust Fund for the
purposes of developing the post -authorization change report pursuant to s. 373.4598,
F.S.;
• $1 million in nonrecurring funds from the LATF to the Everglades Trust Fund for the
purposes of negotiating Phase II of the C-51 reservoir project pursuant to s. 373.4598,
F.S.; and
• $30 million in nonrecurring funds from the LATF to the Water Resource Protection
and Sustainability Program Trust Fund for the purposes of implementing Phase I of the
C-51 reservoir project as a water storage facility in accordance with ss. 373.4598 and
373.475, F.S. 0
Effective Date: Signed into law on May 9, 2017, which is now the effective date.
as
J
15
'. ,r 1,
Background: Under s. 193.624, F.S., the cost and value of renewable energy devices are exempt
from real estate property tax assessments.
A "renewable energy device," as currently defined in statute, generally encompasses the power
plant components of the device, but does not encompass auxiliary components such as wiring,
structural supports, and other integral systems, or conditioning and power storage devices used in
conjunction with solar and geothermal energy. Also, the prohibition only applies to devices
installed on or after January 1, 2013, and is limited to devices installed on real property classified
as "residential" for tax purposes.
During the 2016 primary election, state voters approved a constitutional amendment, Amendment
4, to expand the exemption beyond its current limits.
Proposed Changes: This bill partially expands the current exemption from ad valorem and
tangible personal property taxation for renewable energy devices to include all real property, not
just those used for residential purposes. Under the bill, 80% of the just value of any renewable
energy devices installed on non-residential properties will be exempt from ad valorem and tangible
personal property valuation. With the exception of certain devices installed as part of a project
within fiscally constrained counties, the exemption is also expanded to apply to devices installed
on all other real property besides residential on or after Jan. 1, 2018. For devices installed to supply
a municipal utility, or on municipal land as part of a cooperative system utilizing other renewable
sources that generates between 2 to 5 megawatts, this exemption applies to all devices installed on
or after August 30, 2016.
The definition of "renewable energy device" is revised to include auxiliary components "integral"
to solar and geothermal devices (including wiring and structural supports) and extends it to include
all such devices regardless of installation date. It does not include "any equipment that is on the
distribution or transmission side" where the renewable energy source device is interconnected with
the electric utility's distribution grid or transmission lines.
These exemptions are all set to expire on December 31, 2037.
The bill also creates a new section of law that governs the sale, finance, or lease of distributed
energy generation systems. Agreements made between a buyer/lessee and a merchant who sells,
finances, or leases a distributed energy generation system must also meet certain requirements,
including a detailed, accurate disclosure of the following:
1. Address and contact information of the buyer or lessee;
2. Address, contact information, and state contractor license number of the person installing
the system;
3. Address, contact information, and start contractor license number of the provider, if
different from the installer;
4. Statement as to whether the system is being purchased or leased;
5. Total cost to be paid by the buyer/lessee, including installation fees, service fees, interest,
etc.;
16
6. Detailed payment schedule;
7. List of state and federal tax incentive or rebates used by the seller to determine the price
of the system;
8. Description of the assumptions used to calculate any savings estimates provided to the
buyer/lessee, followed by disclosure that these "are estimates only";
9. Description of any one-time or recurring fees, including but not limited to maintenance
fees, estimated removal fees, Internet connection fees, late fees, and automated
clearinghouse fees;
10 & 11. Statement notifying a buyer as to whether the system purchase is being financed,
followed by a statement as to whether the seller is assisting in arranging this financing;
12. Provision notifying buyers/lessees that they have at least 3 days to rescind the
agreement after it is signed. (Note: This provision does not apply to "solar communities"
where all the homes are purposefully connected or are intended to be connected by the
developers);
13. A detailed description of the distributed energy generation system design assumptions,
or a seller's warranty/guarantee of energy output amount;
14. A description of any performance or production guarantees;
15. A description of the ownership and transferability of any tax credits, rebates, incentives,
or renewable energy certificates associated with the system;
16. A disclosure that the buyers/lessees are still responsible for any property taxes resulting
from their purchase/lease of a system;
17. Approximate start and completion dates for installation;
18. Disclosure of whether maintenance and repair of the system are included in the
purchase price;
19. Disclosure of whether the warranty or maintenance obligation is transferable or can be
sold to a third party;
20 & 21. Disclosure notifying a purchaser of the requirements for inter -connection of the
distributed energy system to the main utility system, and of the parties responsible for
obtaining interconnection approval;
22. A description of any roof warranties;
23 & 24. Disclosure of the seller's insurance policy regarding the system, and disclosure,
if the seller has no policy, that the buyer is responsible for insuring the system;
25. Disclosure of whether the purchase/lease agreement places a lien on the
buyer's/lessee's property;
26. Disclosure of which state financing forms the seller and lessor will file;
27. A disclosure of any restrictions the agreement places on the buyer's/lessee's ability to
modify or transfer ownership of the system to a third party; and
28. Disclosure of whether the lease agreement may be transferred to the purchaser of the
home or real property to which the system is affixed.
There are exemptions to these requirements:
• For sales and leases of systems that are tied to the regular sale or transfer of real property;
• Financing agreements entered into with third parties;
• Sale or lease agreements for systems to be installed on non-residential real property;
• Sale agreements that require full payment no later than the date of installment or delivery;
17
and
Any person, other than the seller or lessor, who installs the system of residential property.
The bill provides that a non -criminal fine may be imposed for non-compliance, which cannot
exceed the actual cost of the system.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
18
R
Background: For state, tribal, and local governments to receive a FEMA mitigation grant, the
applicant must produce a hazard mitigation plan approved by FEMA that conforms to certain
requirements. At a minimum, the plan must outline processes for identifying the natural hazards,
risks, and vulnerabilities of the area under the jurisdiction of that government. Jurisdictions must
update their plans and re -submit them to FEMA every five years to maintain eligibility.
Florida's Division of Emergency Management (FDEM) is responsible for updating and
maintaining the state's Enhanced Hazard Mitigation Plan in order to comply with FEMA
requirements. The FDEM accomplishes this with the collaboration and coordination of an advisory
team known as the State Hazard Mitigation Plan Advisory Team (SHMPAT). SHMPAT
participants include numerous state agencies, regional planning councils, water management
districts, state universities, government entities, and other community stakeholders. The primary
function of SHMPAT is to assist the FDEM with the development, implementation, and
maintenance of the state hazard mitigation plan, comment on draft versions, and maximize the
leveraging potential of all state mitigation related resources.
Proposed Changes: This bill creates a natural hazards inter -agency workgroup for the purpose of
sharing information on the current and potential impacts of natural hazards throughout the state,
coordinating ongoing efforts of state agencies towards addressing the impacts of natural hazards,
and collaborating on statewide initiatives to address those impacts. The workgroup will be
comprised of liaisons from each agency within the state executive branch, each water management
district, and a representative from the Florida Public Service Commission, as well as a
representative from the FDEM to act as the main coordinator of the group.
The FDEM must prepare an annual report on behalf of the workgroup, starting on January 1, 2019,
and continuing every year thereafter, regarding implementation of the state's enhanced hazard
mitigation plan as it relates to natural hazards.
The term "natural hazards" in the bill includes, but is not limited to: extreme heat, drought,
wildfires, sea -level change, high tides, storm surge, saltwater intrusion, stormwater runoff, flash
floods, inland flooding, and coastal flooding.
The bill also provides an appropriation of $84,738 in recurring funds and $4,046 in non -recurring
funds from the Grants and Donations Trust Fund to the FDEM and one full-time position and
associated salary rate of $47,000 for the purpose of implementing the act.
Effective Date: July 1, 2017. The governor must act on this bill by June 2, 2017.
19
Cbdl hspvoe; The Division of Recreation and Parks within the DEP manages 163 parks and 11
state trails covering 800,000 acres, 100 miles of beaches, and more than 1,500 miles of multi -use
trails.
The division may charge reasonable fees, rentals, or charges for the use or operation of facilities
and concessions in state parks. Entrance fees and camping fees vary among the parks. Individuals
may also purchase an annual pass that allows entrance into Florida State Parks in lieu of entrance
fees for one year from the month of purchase. Certain individuals may use a variety of discounts
and fee waivers to visit the state parks and use the facilities.
Proposed Changes: This bill provides free annual passes and a 50% discount on base camping
fees at state parks to families operating a licensed foster home.
Families who have adopted a special needs child from the DCF will be granted a one-time free
annual state park entrance pass at the time of adoption as well as the 50% discount on camp fees
The division will be given rulemaking authority to identify the types of written documentation that
must be provided to receive these benefits, which it must do in consultation with the DCF.
Effective Date: July 1, 2017. The governor must act on this bill by May 23, 2017.
20
Background: The DEP is charged with implementing and enforcing the state's solid waste
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exemption, a solid waste facility must adhere to the following requirements:
• A majority of the recovered materials at the facility are demonstrated to be sold, used, or
reused within one year;
• The recovered materials handled by the facility or the products or byproducts of operations
that process recovered materials are not discharged, deposited, injected, dumped, spilled,
leaked, or placed into or upon any land or water by the owner or operator of such facility
so that such recovered materials, products or byproducts, or any constituent thereof may
enter other lands or be emitted into the air or discharged into any waters, including
groundwater, or otherwise enter the environment such that a threat of contamination in
excess of applicable DEP standards and criteria is caused;
• The recovered materials handled by the facility are not hazardous wastes; and
• The facility is registered with the DEP.
Furthermore, the DEP does not require solid waste combustors to obtain a solid waste permit if
the facility operates under a current valid permit for a stationary source of air pollution, open
burning, or electrical power plant and transmission line siting.
In recent years, more and more solid waste management facilities have begun employing
gasification and pyrolysis as a means of converting solid waste into fuel. Neither process uses
combustion, instead relying on the application of heat within an oxygen -starved environment to
synthesize fuel from the resulting chemical reactions. The two processes are comparatively cleaner
than traditional combustion methods.
Proposed Changes: This bill expands the current exemption from the DEP's solid waste
management program to include non -combustion gasification and pyrolysis facilities.
The bill provides the following definitions:
• "Gasification" is a process through which recovered materials are heated and converted to
synthesis gas in an oxygen -deficient atmosphere, and then converted to crude oil, fuel, or
chemical feedstock';
• "Post -use polymer" is a plastic polymer derived from any domestic, commercial, or
municipal activity and recycled in commercial markets that might otherwise become waste
if not converted to manufacture fuels or other raw materials or intermediate or final
products using gasification, pyrolysis. A post -use polymer may contain incidental
contaminants or impurities such as paper labels or metal rings;
• 'Pyrolysis" is a process through which recovered materials are heated in the absence of
oxygen until melted and thermally decomposed, and then cooled, condensed, and
converted to crude oil, diesel, gasoline, home heating oil, or other fuel, feed -stocks, diesel
and gasoline blend stocks, chemicals, waxes, or lubricants, or other raw materials,
intermediate, or final products; and
21
• "Pyrolysis facility" is a facility that receives, separates, stores, and converts recovered
materials using gasification or pyrolysis. A pyrolysis facility is not a waste management
facility. 39,453, 148,363 — 44, 016, 155, 707
The current statutory definitions for "recovered materials" and "recovered materials processing
facility" are expanded to include post -use polymers and pyrolysis facilities, alongside recovered
materials and recover processing facilities, to the list of activities and materials exempt from the
solid waste management program.
The terms "used" and "re -used," as applied in that section, are also expanded to include the
conversion of post -use polymers into crude oil, fuels, feed -stocks, or other raw or intermediate
materials and final products.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
22
' .I
Background: Counties, municipalities, or special districts may enter into an interlocal agreement
to create a regional water supply authority (RWSA) for the purpose of developing, recovering,
storing, and supplying water for county or municipal purposes. Priority in an RWSA is given to
reducing the adverse environmental effects of excessive or improper withdrawals of water from
concentrated areas. In June 2016, Polk County and 15 municipalities within the county entered
into an interlocal agreement to create an RWSA known as the Polk Regional Water Cooperative
(cooperative).
Proposed Changes: This bill creates the "Heartland Headwaters Protection and Sustainability
Act" and does the following:
• Recognizes the 1979 designation of the Green Swamp area as an area of critical state
concern for its regional and statewide importance in maintaining the quality and quantity
of water supply and resources of the Floridian aquifer system;
• Recognizes the headwaters of the Alafia, Hillsborough, Kissimmee, Ocklawaha, Peace,
and Withlacoochee Rivers as being in the Green Swamp area or within Polk County;
• Declares that the surface water and groundwater resources in the heartland counties of
Hardee, Highlands, and Polk are integral to the health, public safety, and economic future
of those regions;
• Specifies the Green Swamp and surrounding areas to be economically, environmentally,
and socially defined by some of the most important and vulnerable water resources of the
state;
• Specifies that funding consideration be given to regional collaborative solutions to manage
the water resources of the state;
• Declares an important state interest in partnering with RWSAs and local governments to
protect the water resources of the headwaters and surrounding areas;
• Finds that the cooperative was formed to protect the water resources of the headwaters and
surrounding areas, is in the public interest, and complies with the intent and purposes of
water supply policy;
• Requires the cooperative to prepare an annual report identifying water resource projects
within its jurisdiction for priority state funding, provides the information to be included for
each listed project, and requires the cooperative to coordinate with the appropriate water
management district to ensure its annual report is included in the WMD's own consolidated
annual report; and
• Requires the cooperative to submit its comprehensive annual report by December 1, 2017,
and each year thereafter, to the Governor, Legislature, DEP, and the appropriate water
management districts.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
23
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or discriminatory work practices.
There is currently no statute in state law that explicitly prohibits either the state or a local
government from imposing its own restrictive conditions for contractors.
Proposed Changes: This bill prohibits the state and its political subdivisions that contract for
public works projects from imposing restrictive conditions on certain contractors, subcontractors,
material suppliers, or material carriers, except as otherwise required by federal or state law.
Specifically, the state or political subdivision that contracts for a public works project may not
require that a contractor, subcontractor, or material supplier or carrier engaged in a state -funded
project, of which 50% or greater contribution comes from the state:
• Pay employees a predetermined amount of wages or prescribe any wage rate;
• Provide employees a specified type, amount, or rate of employee benefits;
• Control, limit, or expand staffing; or
• Recruit, train, or hire employees from a designated, restricted, or single source.
This bill also specifically prohibits the state or a political subdivision that contracts for a public
works project from prohibiting a contractor, subcontractor, material supplier, or material carrier
from submitting a bid on any public works project that it is licensed, qualified, or certified to do.
(Note: in the original bill language, this prohibition was not strictly limited to public works
contracts, but was construed to cover all work contracted by local governments. That language
was removed from the bill.)
This prohibition does not apply to contracts made under ch. 337, F.S., which generally covers state
and county roads. It also does not apply to vendors who have been convicted of a public entity
crime and placed on the DMS blacklist, or that have been found liable for discriminatory practices
under s. 287.133, F.S.
Under the bill:
"Political subdivision" means "a separate agency or unit of local government created or
established by law or ordinance and the officers thereof. The term includes, but is not limited
to, a county; a city, town, or other municipality; or a department, commission, authority,
school district, taxing district, water management district, or other public agency or body
thereof authorized to expend public funds for construction, maintenance, repair, or
improvement of public works"; and
"Public works project" means "an activity for which 50 percent or more of the cost will be
paid from state funds appropriated at the time of competitive solicitation, and that consists
of the construction, maintenance, repair, renovation, remodeling, or improvement of a
24
building, road, street, sewer, storm drain, water system, site development, irrigation system,
reclamation project, gas or electrical distribution system, gas or electrical substation, or
other facility, project, or portion thereof that is owned in whole or in part by any political
subdivision."
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
25
Background: Current law allows the FDOT, in conjunction with local governments that have
jurisdiction and control over a public right-of-way, to prescribe and enforce reasonable rules or
regulations for placing, installing, and maintaining structures across, on, or within those right-of-
way limits.
Proposed Changes: This bill creates a new section of law called the Advanced Wireless
Infrastructure Deployment Act. Put simply, it creates a preemptive, uniform process to be applied
statewide for gaining access to and use of public right-of-ways in connection with the installation
of small wireless communications infrastructure on utility poles.
The bill creates a process and time limits for review and approval of applications. The authority
must approve a complete application unless it does not meet the authority's applicable codes. In
the bill, applicable codes are defined to include "uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization, or local amendments to
those codes, enacted solely to address threats of destruction of property or injury to persons," as
well as qualifying government historic preservation zoning regulations or objective design
standards. These standards may be waived upon a showing that they are excessively expensive or
non -compatible with the location. Waiver must be granted or denied within 45 days of its request.
The current definition of "applicable codes," however, excludes consideration and application of
zoning, land use, and aesthetic ordinances or of any other source of public safety protections.
An application that is not approved or denied within 60 days will automatically be deemed
approved.
The bill sets minimum height and distance requirements for placement of the devices that preempts
most local codes, but it does provide a process by which the local government can negotiate with
a wireless provider applicant over a 30-day period for alternative placements of such devices. If
no agreement is reached, the applicant must notify the authority, and the authority must either grant
or deny the original application within 90 days after the date the application is filed. Any agreement
or rejection must be in writing and provided by email.
The bill provides for application or permit fees, and collocation or pole attachment fees.
Collocation fees cannot exceed $150 per year per authority utility pole. The bill also provides that
the authority may not require more make-ready work than is necessary to meet the applicable codes
specified in the bill or industry standards. "Make-ready" work generally refers to the modification
of poles or lines or the installation of guys and anchors to accommodate additional facilities.
Further, the bill provides that fees for make-ready work may not include costs related to preexisting
damage or prior noncompliance. The bill specifies that fees for make-ready work may not exceed
actual costs or the amount charged to other non -wireless communications services providers for
similar work and may not include any consultant fees or expenses.
The bill grandfathers collocation agreements made between local governments and wireless
providers entered into on or before July 1, 2017. It also contains a carve -out exemption for certain
retirement communities and townships located on barrier islands. Local governments however
26
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safety purposes;
Materially interferes with compliance with the Americans with Disabilities Act or similar
federal or state standards regarding pedestrian access or movement;
Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual; or
Fails to comply with applicable codes.
The bill does not authorize a person to collocate small wireless facilities on a privately -owned
utility pole, a utility pole owned by an electric cooperative, a privately -owned wireless support
structure, or other private property without the consent of the property owner. The bill's provisions
do not apply to utility poles owned by a municipally -owned or run utility.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
27
Background: This bill makes three changes to state law regulating flood insurance. In Florida, the
flood insurance market is regulated through the Office of Insurance Regulation (OIR).
Sale of Personal Lines, Residential Flood Insurance
In 2014, the Legislature passed SB 542, granting certain regulatory exemptions to the sale of
personal lines of residential flood insurance under s. 627.715, F.S. (Note: It does not apply to
commercial residential lines, commercial non-residential lines, or excess flood insurance.)
Under these exemptions, an insurer may establish flood rates through the standard OIR process
provided in s. 627.062, F.S., or it may use the expedited process where the rate is filed with the
OIR, but OIR is not required to review it before or shortly after implementation. The OIR may still
review the rates at its own discretion. The exemptions sunset on October 1, 2019.
This same law also allows surplus lines agents to export flood insurance to a surplus lines insurer
without making a diligent effort to seek coverage from three or more authorized insurers until July
1, 2017.
The National Flood Insurance Program (NFIP)
The NFIP is a federal insurance program run by FEMA and is available to all purchasers living in
flood -prone communities provided those communities adopt and enforce federal floodplain
management criteria.
Under current law, insurance agents who receive a flood insurance application must obtain a signed
acknowledgement from applicants stating that they understand that the full risk rate for flood
insurance may apply to the property if flood insurance is later obtained under the NFIP. However,
there is no definite time period in statute for acquiring this acknowledgement.
Florida Commission on Hurricane Loss Projection Methodology
This Commission is charged with reviewing methods, standards, principles, and models used by
the state to project hurricane and flood losses. Current law requires it to revise its actuarial methods
and standards every two years. However, the Commission finds the frequency of such revisions to
be too costly.
Proposed Changes: The bill requires the Florida Commission on Hurricane Loss Projection
Methodology to revise previously adopted actuarial methods, principles, standards, models, or
output ranges at least every four years for flood loss projections.
It extends the exemption period for personal lines residential flood insurance rates from OIR
review a further six years, from the current sunset of Oct. 1, 2019, to Oct. 1, 2025. It also expands
the exemption to include excess coverage.
This exemption for surplus line insurers from having to obtain three declinations will expire either
on July 1, 2019, or the date upon which the Commissioner of Insurance Regulation determines
that there is an adequate admitted market to provide coverage for the peril of flood, whichever
comes first. If on the date that the provision expires there are still fewer than three authorized
insurers that can give a declination, the number of declinations necessary to meet the diligent-
28
effort requirement shall by modified to the exact number of authorized insurers providing flood
coverage that are available.
Lastly, before issuing a non -excess coverage policy that will remove an insured from the NFIP,
the insurance agent must send insureds notification to be signed by them acknowledging the full -
rates they must pay if they try to re-enter the NFIP program.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
29
Background: Shark finning is the process of catching a shark, removing its fins, and discarding
the rest of the shark. Shark fins command a high price on the black market, where they are often
sold as a key ingredient in shark fin soup. A single fin from some large species can command
prices as high as $20,000. Fins command a far higher value per pound than the rest of the fish.
Shark-finners often throw the shark back into the ocean alive once they have removed the fins.
Unable to swim properly, sharks either bleed to death or suffocate. This practice has decimated
shark populations around the world, removing a vital apex predator from the food chain and
disrupting other fish stocks as the result of by -catch from shark fishing methods.
Congress banned shark finning in U.S. waters in 2000 under the Shark Conservation Act.
In Florida, fisherman may only catch one shark per day and a maximum of two sharks per vessel
per day even if more than two fishermen are on board. Fishermen may only take sharks by hook -
and -line gear. All sharks harvested in Florida waters must be landed in whole condition.
Individuals may not possess a shark that has had the head removed, been divided, filleted, ground,
skinned, finned, or had the caudal (tail) fin removed while in or on the waters of the state, on any
public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is
allowed. Fishermen may eviscerate or gut the shark or slice the base of the caudal fin to bleed the
carcass as long as the caudal fin remains attached before landing.
Proposed Changes: This bill further tightens current restrictions on shark fishing in the state. It
defines "landing" as the act of bringing the harvested organism, or any part thereof, ashore. It
prohibits the possession of a fin separated from a shark on the waters of the state or landing said
fin ashore, unless such possession is authorized by FWC rule or the fin is lawfully obtained on
land for taxidermy purposes. It provides penalties for 1st, 2nd, and 3rd time offenders according
to the following schedule:
• On the 1 st offense (chargeable as a 2nd degree misdemeanor), a $4,500 administrative fine
and suspension of all license privileges under the chapter for 180 days.
• On the 2nd offense (chargeable as a 2nd degree misdemeanor), a $9,500 administrative
fine and suspension of all license privileges under the chapter for 365 days.
• On the 3rd and subsequent offenses (chargeable as 1st degree misdemeanors), a $9,500
administrative fine and permanent revocation of all license privileges under the chapter.
Violators suspended under this chapter will not be permitted to engage in saltwater fishing or even
step foot on a vessel where fishing occurs.
Effective Date: Oct. 1, 2017. The governor must act on this bill by May 24, 2017.
30
Clean-up Programs
Background: Petroleum is stored in thousands of underground and aboveground storage tank
systems throughout Florida. Releases of petroleum into the environment may occur as a result of
accidental spills, storage tank system leaks, or poor maintenance practices.
Since 1983, the DEP has been in charge of regulating storage tanks for petroleum products. Of
particular concern are tanks that have been abandoned or are out of service. These tanks sometimes
leak into the ground and pose a risk to groundwater. In 1986, the Legislature passed the State
Underground Petroleum Environmental Response (SUPER) Act. One program created under
SUPER was the Early Detection Incentive Program (EDI), which allowed owners of abandoned
tank sites the option of either performing site cleanup themselves and then receiving
reimbursement from the DEP's Inland Protection Trust Fund (IPTF), or of having the state perform
the cleanup themselves in priority order. The financial costs attached to this program quickly
skyrocketed past what had been originally projected. In response, the Legislature has shifted
emphasis towards funding pre -approved cleanups, with priority placed on those contaminated sites
identified before 1995, and with spending limited to what is within the confines of the program's
funding.
The Preapproved Advanced Cleanup Program (ACP) was also created, allowing owners of
critically contaminated sites who did not take advantage of the EDI program before 1995 to bypass
the priority ranking list and receive funding in order to facilitate a timely rehabilitation.
Participants in this program are required to share at least 25% of the cost of rehabilitation and
prepare limited scope assessments at their own expense. Applications are submitted to the DEP
twice a year (between May 1 and June 30 and between November 1 and December 31). The
applications are ranked based on the percentage of cost -sharing commitment proposed by the
applicant, with the highest ranking given to the applicant that proposes the highest percentage of
its share of costs. Different projects at different sites may also be bundled for greater cost
effectiveness.
Two other programs affected by this bill are the Abandoned Tanks Restoration Program (ATRP)
and the Petroleum Clean-up Participation Program (PCPP).
The ATRP was created in 1990. In order to be eligible for the ATRP, applicants must certify that
the petroleum system has not stored petroleum products for consumption, use, or sale since March
1, 1990. They must also have filed a claim before June 1, 1996.
The PCPP was created in 1996 for sites that had missed the opportunity for state funding assistance
but had reported contamination before 1995. Responsible parties in the PCPP cost -share the
cleanup and prepare a limited scope assessment at their expense. Sites that qualify for this program
are eligible for $400,000 in rehabilitation funding and the owner, operator, or responsible party is
required to pay 25% of the costs.
31
Somewhat related to the family of petroleum cleanup programs is the Drycleaning Solvent Cleanup
Program, which focuses on cleaning up the former sites of laundromats or wholesale supply
facilities where massive amounts of cleaning chemicals were used and have leached into the soil.
The program limits the liability of site owners who participate in the cleanup if the parties meet
the conditions stated in the law. The application period for entry into the program ended December
31, 1998, and applications are no longer being accepted. That same year, the Florida Legislature
established the Voluntary Cleanup Tax Credit (VCTC) program to provide an incentive for the
voluntary cleanup of dry-cleaning solvent contaminated sites and brownfield sites in designated
brownfield areas.
DEP rules establish criteria for the purpose of determining, on a site -specific basis, a site
rehabilitation program and the level at which a site rehabilitation program may be deemed
completed. These rules incorporate, to the maximum extent feasible, risk -based corrective action
principles to achieve protection of human health and safety and the environment in a cost-effective
manner. For site rehabilitation to reach a status of site closure or "no further action," appropriate
institutional controls must be agreed to by the owner and applicant and implemented for the site.
Proposed Changes: The bill:
• Provides a legislative finding regarding the necessity to advance site rehabilitation on a
limited basis to encourage property redevelopment;
• Creates a separate procedure and criteria for an individual contamination site slated for
property redevelopment to advance its priority ranking;
• Increases the dollar amount of the contracts for advance cleanup work into which DEP is
authorized to enter from $25 million to a total of $30 million in each fiscal year. DEP is
authorized to designate up to $5 million of those funds for the advance cleanup of individual
contaminated sites that meet the criteria in the bill for redevelopment. A single facility or
applicant for advance cleanup of an individual contaminated site slated for redevelopment
may not be approved for more than $1 million of cleanup activity per fiscal year;
• Makes a legislative finding that it is in the public interest for the state to conduct site
assessments on a limited basis at sites contaminated with dry-cleaning solvents in advance
of the priority ranking of contaminated sites;
• Provides that a property owner who is eligible for site rehabilitation under the dry-cleaning
solvent cleanup program may request, and DEP may authorize, an advanced site assessment
so long as they meet certain requirements;
• Requires an advanced site assessment under the dry-cleaning solvent cleanup program to
incorporate risk -based corrective action principles to achieve protection of human health
and safety and the environment in a cost-effective manner and in accordance with DEP rules
for site rehabilitation. The advanced site assessment must also be sufficient to estimate the
cost of cleanup, the proposed course of action for site cleanup, and that the site is appropriate
for one of the following:
o Remedial action at the site to mitigate risks that, in the judgment of DEP, are threats
to human health or where failure to prevent migration of dry-cleaning solvents will
cause irreversible damage to the environment;
o Additional groundwater monitoring at the site to support natural attenuation
monitoring or long-term groundwater monitoring; or
32
o A recommendation of "no further action," with or without institutional controls or
institutional and engineering controls, if the site meets the "no further action"
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• Limits available funding for advanced site assessments to 10% of the annual Water Quality
Assurance Trust Fund appropriation for the dry-cleaning solvent cleanup program. The total
funds that may be committed to any one site are capped at $70,000. DEP must prioritize
requests for advanced site assessment at sites under the dry-cleaning solvent cleanup
program based on the date of receipt and the environmental and economic value to the state
until 10% of the annual available funding for advanced site assessments under the Water
Quality Assurance Trust Fund has been obligated;
• Provides an exception to payment requirements for subcontractors and suppliers, allowing
contaminated site contractors to pay their sub -contractors within 30 days instead of the
statutory 7 days required of other works;
• Revises the application requirements for the advanced clean-up program by removing the
25% cost -share requirement and the ranking requirement (allowing the sites to apply on a
first -come, first -served basis), and imposing a number of inspection and documentation
criteria for such sites;
• Imposes an administrative review fee of $250; and
• Requires the DEP to evaluate and compile a report on the potential for using the Inland
Protection Trust Fund to start a program for addressing damage or potential damage to
underground storage tank systems caused by ethanol or biodiesel storage, to be submitted
to the Legislature and Governor by Dec. 30, 2017. $25,000 is appropriated to the trust fund
for this purpose.
Public Notification of Pollution
Background: Many commercial, industrial, agricultural, and utility operations and entities are
required to report various releases, discharges, or emissions, either as a condition of permitted
operations or pursuant to law or rule. Under state law, to the extent notification is required, it
typically must be made to the DEP.
In 2016, the DEP initiated rulemaking to establish a requirement for public notification of pollution
released from installations throughout the state. This rulemaking was challenged in administrative
court by several commercial associations, who argued that the DEP had over -stepped the authority
granted to it in statute.
In November of 2016, an administrative law judge ruled in favor of the petitioners, holding that
the DEP lacked the rulemaking authority for its proposed rules. The final order concluded that the
authorities cited by the DEP as providing it with the statutory authority to adopt the rule were only
general grants of authority and not specific enough to authorize the DEP to require that owners
and operators of installations provide notices to local governments, the general public, and
broadcast media.
33
Proposed Changes: The bill creates the Public Notice of Pollution Act. The Act creates a State
Watch Office (Office) within the DEP's Division of Emergency Management. The Office will be
charged with maintaining an online public information clearinghouse for reportable pollution
releases into the state's waters, air, and land. A "reportable pollution release," is defined in the bill
as any unauthorized discharge from an instillation discovered by the owner or operator of that
instillation that is reportable to the Office "pursuant to any department rule, permit, order, or
variance."
The owner or operator of any installation where a reportable release occurs must provide a notice
of the release to the Office. The notice must be submitted to the DEP within 24 hours of the
discovery of the reportable release. Should a single reportable release involve multiple parties, a
report by one of those parties constitutes compliance on the part of all the parties subject to the
requirement; however, the department still retains the right to pursue action against all parties
involved if none of them comes forward. If at any time after giving the 24-hour notice, owners or
operators discover that the pollution release has migrated outside the bounds of the property, they
must likewise report this to the Office within 24 hours of discovery. The bill provides civil
penalties for noncompliance.
An owner or operator who determines later that no release occurred or that the notice should be
amended may apply to the department by letter documenting its findings.
The DEP will be required to publish each notice on the Internet within 24 hours after it receives
the notice. It must also create a system for emailing that allows interested parties to subscribe to
and receive direct announcements of notices received by the DEP. The bill provides that submitting
a notice of a reportable release does not constitute an admission of liability or harm.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
34
Solar EneW Certification
Background: The Florida Solar Energy Center (FSEC) was set-up in 1976 to serve as the state's
main solar energy research institute. For decades, the FSEC has been charged with setting
standards and testing criteria for solar energy devices sold in Florida.
In 2009, an OPPAGA study found a significant back -log in the number of solar energy systems
awaiting FSEC certification.
Proposed Changes: This bill would remove the requirement that the FSEC certify all solar energy
devices. It provides that a professional, state -licensed engineer may certify solar energy systems
in lieu of the FSEC.
Inspectors
Background: In order to become a certified building code inspector or plan examiner, applicants
must first sit for an exam for which one of six pre -qualifications must first be met. Some inspectors
are listed as private providers, who are limited by law from inspecting residential buildings larger
than 1,000 square feet (other private providers in this category are exempt from this limitation).
Proposed Changes: This bill would add a seventh qualification an applicant can meet in order to
sit for the plans examiner or inspector exam. The bill provides that a person may sit for the plans
examiner or inspector examine if:
• He or she completes a four-year internship with a building official, with favorable
recommendation, while being employed full time by the city, county, or local jurisdiction;
and
• He or she passes an exam administered by the ICC, passes a principles and practice exam,
and passes an approved 40-hour training course.
A proper college/vocational school degree or proof of verifiable work experience may be
submitted in lieu of up to three years of the internship requirement on a year -for -year basis,
however, a minimum of a one-year internship with a government entity must still be completed.
The bill also provides:
• That partial completion of the internship program may be transferred between jurisdictions
rather than have the applicant being required to complete the internship with one city,
county, or local jurisdiction;
• That an inspector or plans examiner may seek additional category certifications as an
inspector or plans examiner by completing additional one-year internship programs,
passing an exam administered by the ICC, and passing a board -approved 40-hour course;
• Allows an applicant for building code inspector or plans examiner certification to apply for
a provisional certification for the duration of his or her internship period;
35
• Authorizes reciprocity with any other state that requires an examination administered by
the ICC;
• Specifies that an applicant for certification may apply for a one-year provisional certificate
before completing the internship program;
• Provides that an applicant may apply for a standard certification at least 30 days, but no
more 60 days, before completing the internship certification period;
• In addition to performing a plans exam or inspection in the building official's jurisdiction,
provides that a building official may perform a plans examination or inspection in a
jurisdiction having a population of 50,000 or less under an interagency agreement;
• Amends the definition of "Building code inspector" to include any person contracted for
construction regulation responsibilities who conducts inspections;
• Amends the definition of "Building code administrator" to include any person contracted
for building construction regulation responsibilities who conducts supervision; and
• Amends the definition of "Plans examiner'' to include residential plan examiners qualified
to review plans submitted for certain purposes.
Construction Industry Work once Task once
Background: In 2016, the Legislature created the "Construction Industry Workforce Taskforce"
(CIWT) to address the construction industry labor force shortage in the state. The CIWT proposed
a number of changes, including the expansion of apprenticeship programs and study to explore
how current secondary and higher education programs might be utilized towards that goal.
Proposed Changes: This bill requires the Department of Education and Department of Economic
Opportunity to create a study on how to implement the recommendations of the CIWT, which it
must re -submit to the CIWT by July 1, 2018. CareerSource Florida must likewise submit its own
plan for implementing the CIWT's recommendations through its federally funded training
programs, using the previous statewide Florida ReBuilds program as an implementation model.
Florida Building Commission
Background: Current law requires the Florida Building Commission (FBC) to revise the Florida
Building Code (Code) every three years by adopting the most recent version of the International
Code Council (ICC) I -Code and then making whatever changes and technical amendments it
deems necessary to account for Florida -specific conditions. Proposed technical amendments are
reviewed by the board's technical advisory committee, where it must pass by a three -fourths vote
in order to be recommended favorably to the Commission.
Proposed Changes: This bill will require the FBC to adopt the latest amendments to the ICC I -
Code, instead of the entire I -Code. At minimum, the FBC must adopt those updates to that and
other codes as are necessary to comply with federal funding requirements for FEMA, HUD, and
the NFIP.
This bill also changes the vote threshold on technical amendments from three -fourths to two-thirds.
36
It also provides that a technical amendment to the Code relating to water conservation practices or
design criteria are not rendered automatically void every three years when the Code is updated, so
long as those amendments are necessary to protect and provide for more efficient water resources
as provided in s. 373.621, F.S., albeit subject to subsequent review or modification as required.
Florida Building Code
Background: Section C408 of the 5th edition of the Florida Building Code (FBC) requires a
commercial building to receive a commissioning report prior to receiving a passing mechanical
final inspection. Heating, ventilation, air conditioning, and the lighting systems are tested for the
report.
Such standards are also required of HVAC engineers and technicians through their regulatory
body, the American Society of Heating, Refrigerating, and Air -Conditioning Engineers
(ASHREA)
Proposed Change: The bill provides that the FBC will eliminate duplicate commissioning
reporting requirements for HVAC and electrical systems. The bill also authorizes electrical or
mechanical engineers to provide commissioning reports in addition to a licensed design
professional.
Lastly, it prohibits any political subdivision of the state from adopting or enforcing any ordinance,
building permit, or requirement that impairs or conflicts with advertising and signage.
Local Government Fees
Background: With the exception of certain facilities, FBC enforcement of construction is the
responsibility of local governments. Local governments are authorized to provide a schedule of
consistent reasonable fees to be used solely for carrying out their responsibilities in enforcing the
FBC. These fees include inspection fees, plan examination fees, site examination fees, building
permit fees (based on square footage of the building), and various administrative fees including
re -permitting fees, time extension fees, re -inspection fees, and licensing fees.
Proposed Changes: This bill prohibits special and independent districts from requiring payment
of any additional fees for obtaining permits if proof of licensure and insurance coverage for certain
activities is already regulated by local governments.
The bill also prohibits a local jurisdiction from requiring an owner of a residence to obtain a permit
to paint his or her residence regardless of whether the owner is an LLC.
Fire Prevention
Background: State law requires all municipalities, counties, and special districts with fire -safety
responsibilities to enforce the Florida Fire Prevention Code (FFPC) as the minimum fire
prevention code to operate uniformly among local governments and in conjunction with the Code.
37
These local enforcing authorities may adopt more stringent fire safety standards, subject to certain
requirements.
1
C3pgptf e! Di bohf t;! This bill prohibits local governments, special districts, and utilities from
requiring a separate water connection for a residential fire -sprinkler system for a dwelling if the
dwelling's original water connection is adequate, and prohibits a local government from charging
certain fees for larger water meters.
Building Code Inspectors
Background: Section 553.791, F.S., allows the fee owner of a building or its contractor to use
private building code inspectors to meet its permitting requirements.
Proposed Changes: This bill provides intent language to this section of statute. It provides that it
is the intent of the Legislature that owners and contractors not be required to pay extra costs related
to building permitting requirements when hiring a private provider for plans and building
inspections. A local jurisdiction must calculate the cost savings to the local enforcement agency
and reduce the permit fees accordingly.
Miscellaneous Changes
In addition to changes described above, the bill also:
• Exempts municipal gas utilities from construction contracting regulations under ch. 489,
F.S. (Public utilities in general are exempt from these regulations);
• Prohibits a political subdivision from adopting or enforcing ordinances or building permit
requirements that conflict with corporate trademarks, service marks, logos, color patterns
or other corporate branding on real property in connection with business activities related
to the sale of liquid fuels or other franchises; providing for preemption of certain local laws
and regulations; and providing for retroactive applicability and exemptions;
• Provides that a pool/spa contractor is not required to subcontract electrical work relating to
the installation, replacement, disconnection, or reconnection of power wiring of the load
side of the dedicated existing electrical disconnecting means, but is required to subcontract
certain work related to the circuit breaker;
• Removes the requirement that the Department of Education submit its study on
implementing the recommendations of the Construction Industry Workforce Task Force to
the Legislature. Instead, it will submit the report directly to the Task Force. CareerSource
Florida is also charged with developing a similar plan using federal funds to be submitted
to the same Task Force; and
• Requires the Florida Building Commission to adopt an amendment to the code regarding
certain door components.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
38
1
Background: Five species of sea turtle spend a portion of their lives in Florida's waters and nest
on Florida's beaches. All five of these species are listed as endangered species under the federal
Endangered Species Act and Florida's own Marine Turtle Protection Act (MTPA). Under this law,
it is illegal to harass or hinder any sea turtle species while they are nesting or swimming, or to
traffic in any turtles, turtle parts, or eggs. However, prior to 2016, the MTPA did not specify that
actual possession of a sea turtle, or parts thereof, was a violation. At least one court case found a
defendant "not guilty" because "possession" of sea turtles was not specifically listed in law.
In 2016, the law was amended to clarify that possession without FWC authorization, constituted a
3" degree felony under that chapter. This change created a new subparagraph 6. to
s. 379.2431(1)(d), F.S. The former subparagraph 6., which makes solicitation or conspiracy to
commit a violation of the MTPA a 3" degree felony, became subparagraph 7. Unfortunately, the
bill's drafters made an error in failing to correct a cross-reference to the old subparagraph in the
Offense Severity Ranking Chart in the Criminal Punishment Code, which leaves judges in the
awkward position of having to reference a non-existent paragraph when sentencing an offender
for conspiracy to violate the MTPA.
Proposed Changes: This bill amends the Offense Severity Ranking Chart to correct the
numbering for the solicitation or conspiracy to commit a violation of the MTPA. Furthermore, the
bill adds possession of a sea turtle species or hatchling, or parts thereof, or the nest of any sea turtle
species, as a level three violation.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
39
Background: In 2009, the Legislature directed the FWC to establish a pilot program to explore
potential policy options for regulating the anchoring and mooring of vessels outside public
mooring fields. A select number of local governments were allowed to enact their own policies
and ordinances during the pilot program period, all of which are set to expire on the date the pilot
program expires: July 1, 2017. With the exception of those participating in the pilot program, local
governments are prohibited from enacting or enforcing regulations on the anchoring or mooring
of vessels, other than a live -aboard vessel, outside the marked boundaries of mooring fields.
The FWC has since submitted its report on the program to the relevant legislative committees,
including the (H) Natural Resources and Public Lands Subcommittee, which is the sponsor of this
bill.
Proposed Changes: This bill incorporates many of the findings and recommendations from the
pilot program. The bill:
• Revises the definition of "live -aboard vessel" and defines "effective means of propulsion
for safe navigation." Barges, commercial, and fishing vessels are exempt from this
definition;
• Provides that a vessel is at risk of becoming derelict if an owner or operator of the vessel
cannot demonstrate, after 72 hours of notification by a law enforcement officer, that the
vessel has an effective means of propulsion for safe navigation. Notice must be provided
electronically;
• Provides noncriminal penalties for leaving derelict vessels;
• Removes the expiration of anchoring limitation areas;
• Prohibits a vessel or floating structure from anchoring or mooring within 150 feet of any
marina, boat ramp, or other vessel launching or loading facility to protect maritime
infrastructure, or within 300 feet of mooring field boundaries or super -yacht repair facilities
to protect legally moored vessels;
• Prohibits an owner or operator of a vessel or floating structure from anchoring or mooring
within the marked boundary of a public mooring field unless the owner or operator has a
lawful right to anchor or moor in the mooring field by contractual agreement or other
business arrangement;
• Prohibits a person to moor in a manner that unreasonably or unnecessarily constitutes a
navigational hazard or interferes with another vessel;
• Requires a permittee of a uniform waterway marker for a boating restricted area for the
protection of sea grasses on privately -owned submerged lands to mark the boating -
restricted zone in accordance with the permit;
• Provides time -limited exemptions for mechanical failure and for imminent and existing
weather conditions;
• Provides blanket exemptions for government -owned or operated vessels, construction or
dredging vessels on an active job site, and vessels actively engaged in commercial or
recreational fishing;
• Provides the following penalties for violation of the minimum distance requirements:
o For a first violation, a noncriminal infraction;
40
o For a second or subsequent violation, a 2nd degree misdemeanor;
• Prohibits a vessel or floating structure from anchoring, mooring, tying, or otherwise
affixing to an unpermitted or unauthorized object that is on or affixed to the bottom of
waters of the state and provides the following penalties. A violation is a noncriminal
infraction;
• Authorizes local governments to enact and enforce regulations requiring owners or
operators of vessels/floating structures subject to marine sanitation requirements to provide
proof of proper sewage disposal within marked boundaries of a permitted mooring field or
federally designated no discharge zones for more than 10 days, provided the local
government has adequate pump -out services and FWC has verified such before any
ordinance is effective;
• Clarifies that local governments may enact and enforce pump -out requirements for live -
aboard vessels;
• Elevates the penalty for a vessel with an expired registration of more than 6 months, upon
a second or subsequent offense, from a noncriminal infraction to a 2nd degree misdemeanor;
• Prohibits the issuance of a certificate of title to any applicant for any vessel deemed derelict
by a law enforcement officer;
• Clarifies that private residential multifamily docks grandfathered to use sovereignty
submerged lands after Jan. 1, 1998, may continue to exceed the amount of moored boats
as authorized under that grandfathering statute; and
• Adds the protection of seagrasses on privately -owned submerged lands to the list of reasons
a boating -restricted area may be established in state waters. Provides a process and
requirements for sub -riparian owners to apply to the FWC for such area restrictions. This
provision only applies to sovereignty submerged lands that are adjacent to an area
designated as an aquatic preserve or as Outstanding Florida Waters.
Effective Date: July 1, 2017. This bill has not yet been presented to the governor.
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Background: In 2010, an explosion at the offshore Deepwater Horizon drilling platform resulted
in a massive oil spill and ecological damage to the shorelines of five gulf coast states. The U.S.
government and the five affected states filed suit and imposed heavy civil and administrative
penalties on BP. The five gulf coast states, in their own separate civil actions, entered into a
settlement agreement with BP for $5.9 billion dollars, to be divided among the state and local
governments of the region. Pursuant to this agreement, Florida is to receive $2 billion over 18
years.
Under current statute, 75% of funds received "by the state from any governmental or private entity
for damages caused by the Deepwater Horizon oil spill" must go to eight "disproportionately
affected" counties: Bay, Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Walton, and Wakulla.
Disbursement of funds received from the suit is handled by two agencies: the DEP, which is the
designated lead agency for environmental restoration, and the DEO, which administers funds
through its non-profit, Triumph Gulf Coast, Inc., and the Recovery Trust Fund.
Triumph Gulf Coast was created in 2013 for the purpose of disbursing these funds.
Proposed Changes: This bill:
• Defines "settlement agreement" as the agreement reached between the gulf states and BP in
2015 as a part of the settlement in the case of In re: Oil Spill by the Oil Rig `Deepwater
Horizon " in the Gulf of Mexico;
• Removes all reference to the Recovery Trust Fund;
• Provides that 75% of all payments made to the state pursuant to the settlement agreement
before and after July 1, 2017 be transferred from the General Revenue Trust Fund directly to
the Triumph Gulf Coast Trust Fund. Of the funds transferred to Triumph Gulf Coast from
funds received on or before July 1, 2017, at least 40% must be allocated equally among the
eight disproportionately affected counties. No county may receive less than 5% of the total
distribution. Of the funds received after that date, at least 32% must allocated to the eight
counties, with no less than 4% given to each one. All remaining funds may be allocated to
Triumph Gulf Coast for granting awards pursuant to s. 288.8017, F.S., and for administrative
costs, the latter of which cannot exceed 0.75% of funds;
• Provides that interest earned in the trust account shall be deposited monthly into the Triumph
Gulf Coast Trust Fund. Triumph Gulf Coast, Inc., may invest surplus funds in the Local
Government Surplus Funds Trust Fund, pursuant to s. 218.407, F.S., and interest earned and
net of fees must be transferred monthly into the Triumph Gulf Coast Trust Fund;
• Provides that the annual salary of any employee or contracted administrative staff may not
exceed $130,00, nor may any associated benefits exceed 35% of that salary;
• Adds two members to the board of directors of Triumph Gulf Coast, Inc., with the Senate
President and the Speaker of the House of Representatives each appointing an individual
from one of the lesser -populated counties within the disproportionately affected counties (as
identified by the 2016 U.S. Census). It also expands the period during which an ex -board
member must abide by conflict -of -interest rules from 2 to 6 years;
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• Requires Triumph Gulf Coast, Inc., to publish a summary of every project it intends to award
funds on its website at least 14 calendar days before doing so;
• Removes the requirement that K-20 institutions have a "home campus" within the
disproportionately affected counties in order receive grant awards for programs of
excellence, which allows K-20 institutions to be eligible for such awards if the institution has
a campus within the disproportionately affected counties;
• Removes the requirements that Triumph Gulf Coast, Inc., retain an independent financial
advisor, economic advisor, or money manager. The State Board of Administration will
absorb such duties; and
• Adds support programs to provide transferable workforce skills to people within the affected
counties to the list of programs that may be awarded funds.
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Effective Date: Upon becoming law. The governor must act on this bill by June 2, 2017.
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Some portions of this report regarding the substance of the bills have been taken from staff
analyses prepared by legislative staff of the Florida House and Senate, and some portions or
analyses have been prepared by Anfield.
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