Review of the 2013 Legislative Session

2013 Legislative Session:
What Passed/Failed
this Session?
Florida League of Cities
Post Session Webinar
July 9, 2013
2013 Session
• 1,592 General bills filed in House and
Senate combined
• 66 Local bills
• 286 passed—some still awaiting
action by Governor
FLC Priorities
• Local Police/Firefighter Pension
• Economic Development
• Communications Services Tax
• Local Business Tax
• Water
FLC Priorities
Sober Homes
Transportation Funding
Synthetic Drugs
What Passed?
Local Govt. Pension
CS/CS/CS/SB 534 (Brandes)
• Creates reporting standards for
publicly funded defined benefit
retirement plans
• State is not responsible for shortfalls
in local govt. retirement
Local Govt. Pension
• Requires each defined benefit plan to
submit report to FL DMS
• Report must include financial
statements using:
– plan’s assumed rate of return and
– rate of return 200 basis points lower than
assumed rate of return
• Implementation was extended to
June 30, 2014
State Pension
SB 1810 (Senate Govt. Oversight & Accountability
• Sets the employer-paid contribution rates
for the Florida Retirement System (FRS)
and the Retiree Health Insurance Subsidy
(HIS) program, effective July 1, 2013.
• The employer-paid contribution for the HIS
program is increased from 1.11% of the
employer’s payroll to 1.20% of the
employer’s payroll. These funds will be
deposited into the Retiree HIS Trust Fund to
pay benefits to participating retirees.
State Pension Reform
• Employer-paid contribution rates to pay the
normal costs and amortization of the unfunded
actuarial liability of the FRS are increased. (Rates
are based on the rates recommended in the
“Blended Rate Study” associated with the 2012
Actuarial Valuation of the FRS.)
• The bill contains legislative findings that a proper
and legitimate state purpose is served when
public retirement systems, including health
insurance subsidies, are administered and funded
in a reasonable manner.
• These provisions take effect July 1, 2013
SFY 2014 FRS Rates
FRS Contribution Rates (SB 1810): Modifies employer contribution
rates. Employer normal contribution rates for each membership
class of FRS (Defined Benefit and Defined Investment) are amended
as follows:
New Normal Rate
Old Normal Rate
Elected Officers (county officers)
Senior Management
Special Risk
Special Risk Administrative
Elected Officers (legislators)
Elected Officers (judges)
SFY 2014 FRS Rates
To address unfunded actuarial liabilities (UAL) of the system, the
bill amends the current 2013 employer contribution rates for each
membership class of FRS as follows:
New 2013 UAL Rate Old 2013 UAL Rate
2012 UAL Rate
Special Risk
Special Risk
Administrative Support
Elected Officers
Elected Officers (judges)
Elected Officers (county
Senior Management
Mortgage Settlement
SB 1852 (Sen. Appropriations)
• Allocates $200 million from the national
foreclosure settlement, in which the state
was a party to a national lawsuit against
five of the nation’s largest banks who
committed foreclosure abuses.
• Of specific interests to local governments:
– $60 million is appropriated for the Florida Housing Finance
Corp. to use in the State Apartment Incentive Loan (SAIL)
– $40 million is appropriated for FHFC to use in the State
Housing Initiative Program (SHIP)
Mortgage Foreclosures
CS/CS/HB 87 (Passidomo)
• Expedites foreclosure process
• Applies to existing mortgages/pending
cases only
• Reduces statue of limitations for
judgments on foreclosure action from 5
yrs to 1 year
• Allows lien holder (not just mortgagee) to
use foreclosure procedures
• Reduces # of hearings from 2 to 1
Affordable Housing Tax Exemption
CS/CS/HB 437 (Davis)
• Deletes ad valorem tax exemption for
property owned by certain FL-based
partnerships and used for affordable
housing for certain income-qualified
individuals (applies to 2013 tax rolls)
• Clarifies process for FL Housing Finance
Corp. to allocate low-income housing
tax credits & other federal and state
Synthetic Drugs
CS/SB 294 (Bradley)
• Expands Schedule I of controlled
substances register to include 22
new formulas of synthetic drugs
Red Light Cameras (RLC)
CS/CS/HB 7125 (Rayburn)
Dept of Highway Safety bill
Allows drivers to challenge RLC
tickets through municipal hearing
officer appointed by city
Cities can charge up to
$250/violation to cover hearing costs
Prohibits cities from issuing right-onred infractions if violator stopped
after stop bar
Internet Cafes
HB 155 (Trujillo)
• Prohibits use of electronic machines
used in Internet Cafes
Texting While Driving
CS/CS/CS/52 (Detert)
• Prohibits operation of motor vehicle while
using wireless communication device
(text, e-mail, instant message)
• Texting enforcement would be secondary
offense to other driving infraction
• Does not apply to emergency
• Limitations on access to user’s billing
Alarm System Contractors
CS/CS/CS/HB 973 (Brodeur)
• Preempts local ordinances relating to
low voltage alarm system
• Creates uniform notice of installation
• Does not apply to
installation/replacement of fire
Alarm System Contractors
• Requires local govt. offer contractors
bulk permit labels for no more than
• Local govts charging more than $55
can charge up to $175 until January
• Contractor does not need to inform
local enforcement agency before
working on alarm system
Public Testimony
CS/CS/SB 50 (Negron)
• Requires local govt. to provide public
an opportunity to be heard before
• Allows local govt. to adopt policies to
ensure orderly conduct at meetings
• Exemption for certain emergency
Public Testimony
• Also provides exemption when board
or commission is acting in quasijudicial capacity
• Includes provision for attorney’s fees
• Provides that a violation of
opportunity to speak does NOT void
any action taken by
Government Liens
CS/HB 267 (Wood)
• Requires that govt. liens on real
property for an improvement,
service, fine or penalty must be
recorded in official records of the
county for lien to be valid against
• Exempts liens for taxes, non-ad
valorem, special assessments or
Employment Benefits
CS/HB 655 (Precourt)
• Prohibits local govt. from requiring or
regulating employment benefits
(health, sick leave, vacation time)
• Preempts regulation of these benefits
to the state
Employment Benefits
• Local govt. is NOT prohibited from
establishing benefits for:
– Its employees
– Employees of contractor providing
goods/services under the contract
– Employees of employer receiving tax
abatement or subsidy from govt.
• Creates 11 member task force to
review impact of state preemption
(cities not included on task force)
Economic Development
CS/CS/HB 7007 (Trujillo)
• Increases transparency/accountability of
business participating in DEO incentive
• Originally gave DEO rulemaking authority
over Small City CDBG, but language was
removed from bill
• Expands enterprise zone boundaries in
rural areas of economic concern
• Requires DEP rehabilitation agreement for
Brownfield sales tax exemptions;
Economic Development
• Creates Triumph Gulf Coast Board to
manage any monies disbursed as a
result of BP litigation
• Eliminates sales tax paid by
manufacturers for certain equipment
purchases for 3 years
• Revises the Florida Small Business
Development Center Network that will
provide various services to assist small
Economic Development
CS/SB 406 (Gardiner)
• Requires DEO to analyze each
economic development incentive
• Sales tax exemption for natural gas
used to generate electricity in
stationary equipment;
• Sales tax exemption for building
materials used in redevelopment
projects, including brownfields
Economic Development
• Revises criteria for brownfield
redevelopment bonus refund
• Makes changes to process for spring
training franchises that receive state
Growth Management
CS/CS/CS/HB 319 (Ray)
• Clarifies that transportation
concurrency requirements apply to
local governments that have adopted
mobility plans.
• Provides that mobility plans must
provide a means for new
development to pay for its impacts
and proceed with development.
Growth Management
CS/CS/HB 537 (Moraitis)
• Limits the use local initiatives and
referenda as they relate to growth
management purposes to only those
cities that:
– Had specific charter provisions in effect
prior to June 1, 2011
– Affect more than five parcels of land
CS/CS/SB 1106(Hays)
• Preempts local governments from
adopting any ordinance, regulation,
rule or policy that restricts or otherwise
limits “agritourism” activity on land
classified as agricultural.
• Eases liability restrictions for
agritourism operators.
• Agritourism activities do not apply to
the construction of buildings or facilities
that would primarily be used by
members of the public.
Alternative Water Supplies
CS/SB 364 (Hays)
• Provides that Consumptive Use
Permits for alternative water supplies
can be issued for 30 years under
certain conditions
Water – NNC
CS/SB 1808 (Sen. Environmental
Preservation and Conservation)
• Codifies agreement between DEP and
EPA regarding FL implementation on
DEP Numeric Nutrient Criteria
• Clarifies that DEP is entitled to adopt
criteria for streams, lakes & estuaries
Water Quality Credit Trading
CS/CS/HB 713 (Pigman)
• Allows DEP to authorize voluntary
water quality trading credit program
in adopted basin mgmt action plans
• Participants must notify DEP of price
for credits, how price was
determined and any state funding
rec’d for facilities/activities that
generated credits
CS/SB 934 (Lee)
• Authorizes cities and counties to adopt
stormwater adaptive mgmt plans for
urban redevelopment projects (CRA,
urban infill area)
• Plan would address quantity/quality of
stormwater discharges for area
• DEP will include permit for city/county
stormwater plans in its statewide
environmental resource permit
Water Mgmt Districts (WMD)
SB 244 (Dean)
• Directs WMDs to adopt priority list of
water bodies that have potential to
be affected by withdrawals in
adjacent WMD
• WMD report to DEP will include
schedule for MFLs for surface water,
aquifers within WMD
Environmental Regulation
CS/CS/CS/HB 999 (Patronis)
• Regulatory streamlining
• Municipal Review of Development Permits
(limited to 3 requests for additional
• Conditions for local govts providing
recovered materials collection
• Removed from Bill:
– Clarification on stormwater fees
– Creation of Fertilizer Commission
CS/CS/HB 579 (Ray)
• Relates to the use of natural gas as a
motor fuel
• Repeals annual decal fee program for
vehicles powered by alt. fuels
(effective Jan. 1, 2014)
• Establishes fuel tax structure for
natural gas beginning Jan. 1, 2019
(exempting from fuel tax for 5 yrs)
CS/CS/HB 579 (Ray)
• Also exempts natural gas fuel from
sales and use taxes
• Expands “energy efficient
improvement” to include natural gas
fuel installation under uses
authorized under Loc. Govt.
Infrastructure Surtax
CS/HB 633 (Perry)
• Exempts local governments that
manufacture biodiesel for internal
use from reporting, bonding and
licensing requirements prescribed for
wholesalers in Ch. 206, F.S.
Nuclear Cost Recovery
CS/CS/SB 1472 (Legg)
• Addresses investor-owned utilities’
ability to recoup expenses through
Nuclear Cost Recovery
• Establishes process for PSC to
review/approve development of new
power plant attempting to collect
cost recovery from customers
Public Private Partnerships
HB 85 (Steube)
• Preempts local government authority to
craft project specific Public-Private
Partnership (P3) agreements.
• Provides framework for local govt. to
follow when entering agreements,
including procurement procedures,
project review and approval, public
notice, etc.
• Does not apply to certain
hospital/healthcare systems or
municipal electric utilities
Public Private Partnerships
• P3 projects do not waive sovereign
immunity of public entity
• Creates P3 Task Force to review and
develop recommendations
• Provides process for counties to enter P3
agreements to construct/ extend/improve
county roads
• Provision for lease agreements for
Orlando-Orange Co. Expressway Authority
SB 2 (Latvala and others)
• Makes several changes to ethics laws
for state and local govt. officials
• Priority of Senate President Gaetz
• For cities:
– Finance directors must file financial
disclosure forms.
• Current Finance directors file in 2014.
• New Finance directors within 30 days of
• More authority for FL Commission on Ethics
(COE) to collect fines (includes wage
• Grace period to amend financial forms
• Prohibits gifts over $100 from vendor doing
business with an agency
• Allows officials to place assets in blind trust
• Extends prohibition on disclosure of
complaints against candidate prior to
election from 5 to 30 days
• Expands criteria for COE to initiate
investigations (referral from specified
govt. officials)
• Prohibits candidates/elected officials
from accepting public employment if
he/she knows position is being
offered to gain influence or
advantage based on office/candidacy
CS/HB 7013 (Boyd)
• For cities that have ordinance/charter that
adopt FL Election Code for city elections:
• Primary election 10 weeks before General
(was 12)
• Early voting begins 10 days prior to
election and ends 3 days prior to election
• Supervisor of Elections can extend from
15th-11th day before and end 2nd day prior
to election
• Early voting sites required to be open
8hrs min. and 12 hrs max. per day
• Expands list of early voting sites
• Supervisor of Elections may
designate one early voting site in
area that does not have eligible early
voting location
Campaign Finance
CS/CS/CS/SB 569 (Schenck)
• Revises campaign finance laws
• For cities that have ordinance/charter that
adopt FL Election Code for city elections:
– Candidate contribution limit increased to
$1000, per person/per election
– Candidates may be required to file additional
campaign finance reports
Worker’s Comp/
Repackaged Drugs
CS/SB 662 (Hays)
• Revises requirements for determining the
amount of a reimbursement for repackaged
or relabeled prescription medication.
• Limits the price of the repackaged or
relabeled drug to the amount that would have
been payable if the drug had not been
repackaged or relabeled.
• Effective July 1, 2013
Property Insurance
CS/SB 1770 (Senate Banking and Insurance Committee)
• Omnibus bill that reduces the risk of
Citizens Property Insurance Corp.
• Eliminates Citizens coverage on homes
valued above $700,000 over three years
and coverage of structures seaward of the
coastal construction line.
• Extends FL Hurricane Catastrophe Fund
(FHCF) assessment exemption on Med Mal
policies until 2016.
• Revises restrictions on property adjustors
What Did Not Pass?
Local Government Pensions
CS/CS/SB 458 (Ring)
CS/HB 1399 (Rooney)
• Not Pension Reform—did not allow
cities to negotiate benefit levels
below 1999
• Repealed “Naples Letter” language
and thus sunset existing agreements
relying on Naples letter
Sovereign Immunity
HB 7123 (Grant)
• Current law: $200,000 for individual
actions; $300,000 for all actions
arising out of same incident
• Would have increased the waiver of
sovereign immunity for political
subdivisions (cities, counties,
schools) to $1 million and $1.5
million, respectively
Communications Services Tax
• House Finance and Taxation
committee considered concepts to
broaden the tax base replace the
local CST with state CST.
• No legislation was filed with these
specific concepts.
Communications Services Tax
HB 303 (Grant)/SB 1422 (Richter)
• Would have repealed local CST and
revised state CST rate to be 10.65%
• Would give 45% of the state CST to
the local governments.
• Would have required local govt. to
reduce ad valorem rate to offset
increased CST revenues.
Local Business Tax
HB 7109 (House F&T Committee)
• Would have created three LBT
classifications based upon sq.
footage of the business.
• Established parameters for rate
structure and required the city to
adopt the rate structure by a 2/3
Sober Homes
CS/SB 738 (Clemens)/
HB 1089 (Grant)
• Would have defined sober home
• Required adherence to city/county
zoning and occupancy standards
• Allowed local govts to adopt
ordinances to govern facilities
• DCF is doing a study this summer
Municipal Utilities
HB 733 (Mayfield)
• Would have subjected municipal
utilities that provide electricity, gas,
water, or wastewater services outside
of incorporated limits to PSC
• Required county approval for
municipalities to offer utility services
outside of incorporated limits
Local Preference
SB 684 (Hays) and CS/HB 307 (Tobia)
• Would have preempted local
preference ordinances for personal
property and construction services if
state funds are used
• Would have mandated preference for
FL businesses if state funds are used
Neighborhood Improvement
Districts (NIDs)
CS/CS/SB 770 (Ring)/
HB 741 (S. Jones)
• Would have allowed NIDs created by
ordinance to exercise certain powers,
including ability to issue bonds
Neighborhood Improvement
CS/CS/SB 561 (Simmons)/
HB 679 (Nelson)
• Would have authorized NIDs to be
created by ordinance rather than
planning ordinance and provided
bonding authority
Concurrency/Impact Fees
HB 321 (La Rosa)
• Would have prohibited proportionateshare contributions for new
development before July 1, 2016,
unless authorized by majority vote of
local governing body.
• Would have only applied to
commercial development less than
6,000 square feet
Development Exactions
SB 772 (Brandes)/HB 673 (Perry)
• Would have prohibited local govts
from imposing or requiring certain
exactions on or against private
• Would have eliminated dual rational
nexus test and created a stricter
“essential nexus” standard.
Stormwater Fees
HB 1231 (Moskowitz)/
SB 1712 (Altman)
• Would have allowed local govts to
place liens on property for delinquent
stormwater fees
Pain Mgmt. Clinics
CS/CS/SB 1192 (Grimsley)
• Would have preempted licensure, activity,
and operation of clinic to the state
• Would have allowed local govts to regulate
clinics through land use and zoning, but
clinics would be allowed under land use
categories that permit hospitals, clinics or
other health care facilities
CS/CS/HB 7127 (House
Transportation Committee)
• Would have required DOT to study parking
meter revenues on state roads
• Prohibited public transit providers from
using federal block grant funds for
• Allowed cities to regulate public
information systems on WMD lands
• Authorized DOT to pay cities in rural
areas of critical economic concern for
utility relocation costs, under certain
• Allowed DOT to grant permits to
high-speed rail providers for
communications equipment, with
comments from municipality (also
passed in HB 7019)
CS/CS/CS/SB 1632 (Latvala)
CS/CS/CS/HB 1299 (Goodson)
• Would have revised outdoor
advertising statute, mostly affecting
• Removed requirement for local govt.
regarding noise walls
• SB 1632 allowed local govt. and
FDOT authority to regulate public
information systems on WMD lands
Wage Theft
CS/SB 1216 (Bradley)/
CS/CS/CS/HB 1125 (Goodson)
• Would have preempted local
regulation of wage theft issues
• Provided new civil claim for wage
theft to be brought in county court
• Allowed local govt. to establish
program to help employee recover
unpaid wages
FLC Lobbying Team
Scott Dudley – [email protected]
Kraig Conn – [email protected]
Casey Cook – [email protected]
David Cruz – [email protected]
Amber Hughes – [email protected]
Ryan Matthews – [email protected]
Ryan Padgett – [email protected]
Allison Payne – [email protected]
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