HomeMy Public PortalAboutLTC 014-2016 Legislative Session Week 1 Report - January 11-15, 2016BAL HARBOUR
V I L L A G E -
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
NO. 014-2016
To: Mayor Martin Packer and Members of the Village Council
From: Jorge M. Gonzalez, Village Manager
Date: January 22, 2016
Subject: Legislative Session Week 1 Report - January 11-15, 2016
The purpose of this Letter to Council (LTC) is to transmit the attached Legislative Session
Week 1 Report provided by Ron L. Book.
If you have any questions or need any additional information, please feel free to contact me.
Ronald L book, P A
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2016 Session
Week 1 Report
The 2016 Regular Session began Tuesday January I1ih, with speeches from both Senate President
Gardiner and Speaker Crisafulli, who used the opening day ceremony to outline their goals for this
Session and for Florida. As is also custom, mid -day on Tuesday, Governor Scott gave his opening day
remarks, touting his jobs record, the increasingly positive Florida economy, and his goals for this Session.
The Governor reiterated his discontinue to make Florida the premier jobs state, for those wishing to work
and raise a family, and outlined his priorities of continuing to cut taxes and proposing a business incentive
package to continue to draw new business into the State. This week, the buzz in Tallahassee on the
Governor's speech was just as much about the policies he outlined —jobs and a tax cut package, as much
as what was not mentioned, such as education, state workers, and health care, among other issues.
Senate President Gardiner outlined his priorities for the developmentally disabled in his opening day
speech, followed by his priority bills which passed both houses and were sent to the Governor this week.
First, a bill that would enhance scholarship for students with developmental disabilities, and a second bill
that would create several programs for those with developmental disabilities, including a literacy
program, a program to recognize businesses that hire those with disabilities, and policy that would require
state agencies to work together to develop a plan to for the state to hire more disabled workers. A third
priority, which is also a priority of Speaker Crisafulli, is the major statewide water policy legislation that
also passed this week.
Speaker Crisafulli in his speech, outlined his priorities which as noted above, does include a major
statewide water policy overhaul that is already on its way to the Governor for his signature. Strongly
supported by the business community and much less so by various environmentalists, this legislation
overhauls water policy use, conservation, and water funding priorities, throughout all of Florida. Going
forward, an annual assessment of the state's water recourses and conservation lands would be compiled
for future use in assessing needs and funding projects — an organized approach which is new to Florida
water policy.
We will continue to keep you updated on issues as they move through the process. As bills continue to be
heard, we will add to our weekly reports. At the end of each week, we will send a comprehensive report
on the legislative session and issues affecting local governments. Included in this report, are the following
topics:
• Gaming
• Local Government Regulation
• Red Light Cameras
• Taxi, Limousines and Uber - Preemption of Local Governments
• Film and Entertainment Incentives
• Tax Cuts
Harbour Centre 118851 N.E.29th Ave., Ste. 1010 1 Aventura, FL 33180
Phone: 305.935.1866 1 Fax: 305.935.9737
104 West Jefferson Street I Tallahassee, FL 32301
Phone: 850.224.3427 1 Fax 850.224.3361
Below are a number of bills that have been filed to date, that affect local governments. We will
continually add to this list as the legislative committee meetings progress and bills are filed. As always,
should you have questions on these issues or any others, do not hesitate to reach out to us.
➢ Gaming Compact: Last month, the Governor signed new provisions of the Indian Gaming
Compact with the Seminole Tribe of Florida, the immediately controversial provisions include a
guarantee of $3 billion in revenue to Florida over the first seven (7) years, with the ability to
continue the Tribe's exclusive rights to blackjack at its casinos, and the ability to add roulette and
craps. The most controversial aspect of the compact is the two (2) new slot licenses which would
be awarded in Miami -Dade and in Palm Beach. This provision is the most troublesome as the
compact is silent on the two communities that have passed referendums by wide margins, to
allow for expanded games such as slots, in both Lee County and Gretna, Florida. This gaming
compact must now be ratified by both the House and Senate, before it can become official. Next
week, 1/20/16, the Senate Regulated Industries committee will hold a workshop and take
testimony on the proposed compact.
➢ Tax cut package: As outlined in his speech on Tuesday, the Governor is promoting his $1 billion
tax cut recommendation to the Legislature by holding events around the state. His targeted tax
cuts include cuts to manufacturing equipment, commercial leases, and to create a $250 million
economic incentive fund to attract new business into the state. House leadership agrees with the
concept in cutting $1 billion, however it is clear that the tax cut specifics are not necessarily in
alignment. The Senate continues to agree that a tax cut package is necessary, however, the
amount is substantially less than the $1 billion the Governor wants in cuts. Additionally, Senate
leadership believe an incentive package is in order. In contrast, the House leadership does not
support the concept of incentives.
➢ Transportation Network Companies (Uber, Lyft ride sharing services): HB 509 (Gaetz, M.)
has passed all its committees and is ready for a vote by the full House. This bill preempts
permitting and regulation of TNCs to the state. Permitting would be done through the Department
of Highway Safety and Motor Vehicles in order to operate. Annual permit fees would cost
$5,000. Insurance requirements include a driver to have a $1 million insurance policy while a
passenger is in the car, and at least $50,000 for death and bodily injury per person, $100,000 for
death and bodily injury per incident, and $25,000 for property damage after a passenger exits the
car. This insurance policy and costs can be borne by the specific TNC company or the driver, or
even a combination of the two, with enforcement being the responsibility of the TNC.
Additionally, the TNC would be required to conduct, or have a third party conduct a criminal
background check on drivers, which would include a Multi-State/Multi-Jurisdiction Criminal
Records Locator or a similar commercial national database with validation, and the Dru Sjodin
National Sex Offender public website. This bill is ready for a vote of the full House. The Senate
has not acted on this legislation, however, it is expected to do so in the near future.
HB 509:
http•//myfloridahouse.gov/Sections/Documents/loaddoc aspx?FileName= h0509c2 docx&DocumentType
=Bill&BillNumber-0509&Session=2016
➢ Economic Development — Film and Entertainment Incentives: SB 1646 (Latvala, J.) has been
filed which creates a Division of Film and Entertainment within Enterprise Florida, creates a Film
and Entertainment Commissioner, and Advisory Council. This bill outlines various
responsibilities and qualifications of both, including the creation of a 5-year plan to recruit and
maintain entertainment production opportunities throughout the state, coordination with local or
regional offices maintained by counties and regions of the state, local film commissions, and
labor organizations, and the coordination with each other to facilitate a working relationship. The
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bill also creates a Entertainment Action Fund, to respond to opportunities for filming and to
compete with other states to grow the filming industry. This bill has not been heard to date.
SB 1646: bqp://www.flsenate.pov/Session/Bi1U2016/1646/BillText/Filed/PDF
➢ Public Works Projects: SB 598 (Brandes) would prohibit the state and political subdivisions
that contract for the construction, maintenance, repair, or improvement of public works from
imposing restrictive conditions on contractors, subcontractors, or material suppliers or carriers;
prohibits the state and political subdivisions from restricting qualified bidders from submitting
bids.
In this bill, the definition of a political subdivision would be expanded to mean a separate agency
or unit of local government including a county or a municipality, an authority, board,
commission, department, institution of higher education, public corporation, school district,
taxing district, water management district, or other public agency authorized to expend public
funds for construction, maintenance, repair, or improvement of public works. This bill will be
heard next week, in the Governmental Oversight and Accountability committee.
SB 598: htip://www.flscnate.eov/Session/BiIU2016/0598/BillText/Filed/PDF
➢ Public Corruption bill: HB 7071 (Formerly PCB RCEC5) passed the House Rules committee
this week, 19 — 0, and would do away with two issues in proving bribery, bid rigging and fraud.
This legislation would eliminate two hurdles required in prosecuting bribery, bid rigging and
fraud. The bill's provisions include recommendations from a statewide grand jury on public
corruption and is backed by the Florida USA Today Network. This major piece of legislation is
quite comprehensive, and it is uncertain how it would be managed should it become law. The bill
does the following:
• Expands who can be subject to criminal sanction.
• Classifies private contractors as "public servants" for the purpose of fighting public
corruption.
• Shifts the burden of proof from the prosecution to defense. Current law stipulates that
prosecutors have to prove corrupt intent, the bill will require defendants who are accused of
knowingly and willingly engaged in illegal conduct to prove otherwise.
Other provisions of this bill include the expansion of who is determined to be a public servant,
and therefore who can be prosecuted for these offenses, including bid tampering.
A similar public corruption bill, SB 582 by Senator Gaetz, failed in committee this.week, with a
vote of 1 — 4, but was left pending, and will be addressed in the next meeting of this committee.
Senator Gaetz amended his anti corruption language into SB 686, which did pass the Senate
Ethics and Elections committee. SB 686, now needs to go before the committee that killed the
original bill, the Senate Government Oversight Committee.
HB 7071:
htip://myfloridahouse.gov/Sections/Documents/loaddoc.asvx'2FilcName= h7071 docx&DocumcntTyp
e=Bill&BillNumbet=7071 &Session=2016
SB 582: http://www.flsenate.izov/Session/BiIU2016/0582/BillText/Filed/PDF
SB 686: http://www.flsenate.gov/Session/BiIU2016/0686/BilITcxtiel/PDF
➢ Election of Officers: FUR 165 (Artiles) proposes to amend the State Constitution to require that the
offices of sheriff, property appraiser, supervisor of elections, tax collector, and clerk of the circuit
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court, would be elected offices, and would carry four year terms of office. The joint resolution was
amended in committee to include tax collector, and to specifically clarify that the proposed
constitutional amendment is applicable to all counties, including Miami -Dade County. Lastly, the
HJR was amended to delay implementation until January 8, 2019, so that the affected counties would
have time to amend their charters and hold elections.
Being that this legislation amends the state constitution, each house of the Legislature must pass this
joint resolution by a three -fifths vote in order for the proposal to be placed on the ballot. CS/HJR 165
provides for the proposed constitutional amendment to be submitted to the electors of Florida for
approval or rejection at the next general election or at an earlier special election specifically
authorized for this measure. Any proposed constitutional amendment in Florida must pass statewide,
by a vote of 60 percent or more. This bill passed the Judiciary Committee; 16 — 2.
CS/HJR 165:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.ast)x?FileName= h0165cl.docx&Docume
ntTvoe=Bill&B illNumber-0165 &Session=2016
The Senate companion, SB 648 (Hutson) was temporarily postponed in committee this week. We
continue to work with members to oppose this bill, in both the House and Senate.
SB 648: htip://www.flsenate.gov/Session/Bill/2016/0648/BiliTcxt/el/PDF
➢ Municipal Power Regulation: HB 579 (Mayfield) was heard this week in the Energy and Utilities
Subcommittee. An amendment passed that would remove the requirement that the Public Counsel to
participate in FMPA rate -setting proceedings and removed provisions that defined FMPA as a public
utility for purposes of regulation by the PSC. This bill passed the Energy and Utilities Subcommittee,
6-5.
CS/HB 579:
htip://myfloridahouse.gov/Sections/Documents/loaddoc.asnx?FileName= h0579cl.docx&DocumentType
=Bill&BillNumber--0579&Session=2016
SB 840, the Senate companion bill, by Senator Simpson, was not heard this week.
SB 840: ft://www.flsenate.pov/Session/Bill/2016/0840/BillText/Filed/PDF
ov/Session/Bill/2016/0840/BillText/Filed/PDF
➢ Government Meetings / Licenses to Carry Concealed Weapons or Firearms: HB 4031 (Steube)
is among several bills addressing guns this session. This specific bill though, would delete the
prohibition on concealed carry licensees from openly carrying handgun or carrying a concealed
weapon or firearm into any meeting of the governing body of a county, public school district,
municipality, or special district, any meeting or committee meeting of the Legislature, and in any
career center. Effective Date: July 1, 2016. This bill has not been heard to date.
HB 4031: http://www.flsenate.gov/Session/Bill/2016/4031/BillText/Filed/PDF
➢ Body Cameras/Law Enforcement Officers: HB 93 (Jones) and SB 418 (Smith) Requires law
enforcement agencies that permit law enforcement officers to wear body cameras, to develop policies
and procedures governing the proper use, maintenance, and storage of body cameras and recorded
data. The policies would be required to include the following:
• Guidelines for the proper use, maintenance, and storage of body cameras;
• Any limitations on which law enforcement officers are permitted to wear body cameras;
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does not cover certain costs. It deletes provisions relating to notice to affected local jurisdictions by
which the responsible public entity would no longer be required to notify each affected local
jurisdiction when considering a proposal for a qualifying project. Also, this bill would increase the
dollar threshold for a contract amount of a project for which a person, the state, or a political
subdivision is prohibited from refusing a surety bond issued by a surety company, and deletes
provisions creating the Partnership for Public Facilities and Infrastructure Act Guidelines Task Force.
SB 124 passed the Community Affairs committee, 7 — 0 on 11/17/15. HB 95 passed the Local
Government Affairs Subcommittee 11 — 0, on 11/4/15.
SB 124: http://www.flsenate.eov/Session/Bi1V2016/0124/BillText/Filed/PDF
HB 95: http://www.flsenate.gov/Session/Bill/2016/0095/BillText/Filed/PDF
➢ Texting while driving: SB 328 (Altman) and HB 537 (Perry) would authorize law enforcement
officers to stop motor vehicles and issue citations as a primary offense to people who are texting and
driving. Currently texting while driving is a secondary offense. Neither bill has been heard to date.
SB 328: http://www.flsenate.gov/Session/Bi1V2016/0328/BillText/Filcd/PDF
HB 537:
ham://www.myfloridahouse.gov/Sections/Documents/loaddoc aspx?FileName= h0537_ docx&Docume
ntType=Bill&BillNumbel =0537&Session=2016
➢ Texting while driving in a school zone: HB 25 (Stark) and SB 246 (Sachs) is a different approach,
which would only make texting while driving a primary offense while in a school zone or in a school
crossing. Neither bill has been heard to date.
HB 25: http://www.flsenate.gov/Session/BiIU2016/0025/BillText/Filed/PDF
SB 246: http://www.flscnate.gov/Session/Bill/2016/0246/BillText/Filed/PDF
➢ Community Investment Program: HB 33 (Rodgers) and SB 240 (Soto) would establish an
investment program within the Department Of Economic Opportunity. The program will focus
investment to reduce poverty in economically disadvantaged communities. Neither bill has been
heard to date.
HB 33: biip://www.flsenate.gov/Session/Bi1V2016/0033/BiliText/Filed/PDF
SB 240: ho://www.flsenate.gov/Session/BiIU2016/0240/BillText/Filed/PDF
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