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R9Q-Report On The 2013 State Legislative Sessionlt\ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M FROM: Jimmy L. Morales, City Manager DATE: July 17, 2013 SUBJECT: A REPORT ON THE 2013 FLORID LEGISLATIVE SESSION ANALYSIS City of Miami Beach critical Legislative Priorities. Beach Renourishment The state budget funds beaches at $37.5 million dollars, including mostly projects that were damaged in Hurricane Sandy and Tropical Storm Debby. This leverages approximately $162 million in federal and local match dollars. While Miami Beach did not suffer any impacts from these storms, it is important to see storm-damaged projects funded for purposes of precedent. City of Miami Beach officials met with Department of Environmental Protection (DEP) staff during Miami-Dade Days to discuss the Miami Beach project and the availability of sand for future renourishment. The Department updated City officials on the status ofthe sand study currently being conducted by the Army Corps of Engineers regarding the St. Lucie Shoal and City officials reiterated their concerns regarding the need for a long term plan for a viable sand source regardless of where the source is located. Sea Level Rise The Palm Beach, Broward, Miami-Dade, and Monroe County Delegations held a joint delegation meeting to discuss sea level rise on February 13. Delegation members heard presentations regarding the work of the counties and other stakeholders involved in the Southeast Florida Regional Climate Change Compact. City of Miami Beach officials met with the Department of Economic Opportunity (DEO) during Miami-Dade Days regarding DEC's Community Resiliency Initiative. The City agreed to participate in a Focus Group DEO is currently conducting on this issue. Business Tax Receipts The House Finance and Tax Subcommittee, chaired by Representative Workman, held several meetings on the local business tax and worked on a bill, HB 7109, to simplify the tax. Agenda Item R q G. 953 Date 1-11-13 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page2 of14 The final draft would have allowed counties to levy the local business tax only in the unincorporated area and would have collapsed the number of categories for the local business tax down to three. This caused the Florida Association of Counties and some individual counties to stand in opposition to the bill. However, there was no Senate bill on the local business tax and HB 7109 died in committee. Stadium Funding HB 165 by Representative Gonzalez and SB 306 by Senator Braynon would have created the new category of "professional sports franchise renovation facility" under s. 288.1162, F.S. A facility that met certain requirements and was certified by the Department of Economic Opportunity would have been eligible for a sales tax distribution payment of $3 million per year. The bills would have allowed a county that levies the charter county convention development tax under s. 212.0305( 4 )(b), F .S., to levy the additional professional sports franchise facility tourist development tax under s. 125.01 04(3)(n), F.S., although a referendum would have been required. The bills also would have expanded the allowable uses of the additional professional sports franchise facility tourist development tax. The legislation did not allow for the use of funding for which the convention center project would have been eligible. The bills also would have required private contributions by the professional sports facility as a condition for the use of tourist development taxes. An existing franchise would also have been required to execute a 20 year commitment in writing. This legislation was quite controversial in the House, with several Miami-Dade County delegation members opposed to the legislation. Some delegation members asked for and received amendments to the bill to resolve their concerns, including an amendment that provided for the future repayment of the sales tax distributions, among other amendments. However, Representatives Bileca, Trujillo, and Oliva in particular remained opposed to the legislation. The legislation was less controversial in the Senate, although the Senate bill was amended to repeal an international banking tax credit that added to the bill's controversial items. The Senate also expanded the bill to create a process for all professional sports facilities to compete for a pot of money at the state level. DEO would have reviewed applications and awarded dollars based on the economic impact of the facilities. This was done to alleviate concerns that the bill was tailored for only one facility. While SB 306 passed the Senate, HB 165 ultimately died in committee. House committees had concluded their meetings by the time the House received SB 306. Initially, there was speculation that a special committee meeting would be called to hear SB 306; however, this never occurred. Near the end of session, provisions of the stand-alone bills were amended onto SB 1828, a Department of Revenue tax package, and HB 7127, the Department of Transportation's legislative package (which was expanded with an amendment on sine die to include economic development provisions). Both of those bills died as well. 954 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page3 of14 BUDGET ISSUES The Legislature presented the Budget to the Governor on May 9, 2013. The Governor has until May 24, 2013 to act on the budget. Budget items of note that are important to the City of Miami Beach include: Beach Restoration Funding Please see discussion of critical legislative priorities. Affordable Housing This year, funding for affordable housing moved outside the budget in legislation related to the National Mortgage Settlement. SB 1852 passed both chambers and goes next to the Governor for final action. It funds the State Apartment Incentive Loan (SAIL) Program at $60 million, including $25 for the elderly, $25 for extremely low-income persons, and $10 million for rental developments in which 1 0 percent to 25 percent of the units are designed for persons with developmental disabilities. It also funds the State Housing Initiative Partnership (SHIP) Program at $40 million. Film and Entertainment Last year, the Legislature allocated $42 million in new film and entertainment tax credits. Those were committed within an hour of the "first-come-first-served" allocation process. The Legislature has expressed concern with the allocation process and the fact that there is no Return on Investment criteria. This concern extends to all incentive programs. As a result, there are no new credits in this year's budget. A coalition of stakeholders, including City of Miami Beach team members, worked to secure new credits during the budget conference process. We remain optimistic that the Legislature will return to funding new film and entertainment tax credits once Return on Investment criteria are in place. LEGISLATIVE PRIORITIES Firearms The City of Miami Beach supports legislation that requires a background check on all firearm transactions. HB 1343 by Representative Berman and SB 1640 by Senator Sachs would have provided for this. However, neither bill received a hearing and both bills died in their first committee of reference. There were numerous bills filed relating to various firearm policies. Most did not receive a hearing. However, HB 407 by Representative Ingram relating to criminal gang prevention and HB 1355 by Representative Barbara Watson relating to the purchase of firearms by mentally ill persons did pass. While these bills do not include additional background check provisions, they are worth noting: 955 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page4 of14 HB 407 by Representative Ingram does the following: • Increases the penalty for violating s. 810.0975(2), F.S. (trespassing in school safety zones), from a second degree misdemeanor to a first degree misdemeanor if the person has previously been convicted of any offense contained in chapter 87 4, F.S. (relating to criminal gangs); • Amends s. 87 4.05, F .S., to make it a second degree felony, ranked in Level 5 of the offense severity ranking chart, for a person to intentionally cause, encourage, solicit, or recruit another person under the age of 13 to become a criminal gang member where a condition of membership or continued membership in the commission of any crime. The bill makes second or subsequent violations of this provision a first degree felony, ranked in Level 7 of the offense severity ranking chart; • Authorizes jails to designate an individual to be responsible for assessing whether each inmate is a criminal gang member or associate and to transmit information on inmates believed to be criminal gang members or associates to the arresting law enforcement agency; and • Amends the criminal gang multiplier ins. 921.0024, F.S., so that the multiplier can be applied with a finding by the judge (rather than the jury) that the defendant committed the offense for the purposes of benefitting, promoting, or furthering the interests of a criminal gang in instances where the lowest permissible sentence does not exceed the statutory maximum sentence for the offense. HB 1355 by Representative Barbara Watson bans those who have been adjudicated mentally defective or involuntary committed to a mental institution from purchasing firearms. It does not require additional background checks to those already required under federal law. However, it does require those background checks that are conducted to include a determination as to whether the person has been involuntarily committed and prohibits those persons from purchasing firearms if they have been determined by a physician to be an "imminent danger" to themselves or others. The Florida Department of Law Enforcement's (FDLE's) Mental Competency (MECOM) database will allow the Department to include this factor in the background checks it conducts through its Firearms Purchase Program (FPP). Elections See above discussion of Elections Review in the House and Senate Priorities Section on page 4. Pension Reform SB 458 by Senator Ring and HB 1399 by Representative Rooney were an attempt to provide some flexibility in how insurance premium taxes are used to pay for pension benefits; however, the provisions were complicated. Also, the final version ofthe Senate bill locked in police and fire pensions at 1999 benefit levels. The League of Cities was strongly opposed to this bill. SB 458 passed the Senate but died in House messages. HB 1399 was not heard by the House Appropriations Committee and died in this committee. We provided 956 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page5 of14 support to the League of Cities in its efforts to oppose the last-minute Senate amendments and worked with a coalition of affected governments to make our opposition to the amendatory language known to key House members. SB 534 by Senator Brandes (HB 599 by Representative Caldwell) is discussed in the House and Senate Priorities Section above on page 3. The League of Cities opposed this bill, but the sponsors gave the League several amendments to resolve some of their concerns. Parking Meters SB 1132 by Senator Brandes was laid on the table in favor of HB 7127 by the House Transportation and Highway Safety Subcommittee and Representative Artiles. However, HB 7127 died in House returning messages after it was significantly amended to expand the scope of the bill. The amendment was released in the afternoon of sine die and it contained several transportation issues in addition to various economic development issues, including stadium provisions. The Senate adopted the amendment and passed the bill, but the House did not take up the amended bill. The last version of HB 7127 contained a study relating to parking meters that would have been used as the basis for legislation next year. It would have detailed how much money is collected through parking meters in Florida, where they are located, and for what purposes the money is currently used. It also would have provided for a moratorium on the installation of new parking meters. Additionally, it would have provided that if a city does not provide data for purposes of the study, the Department of Transportation could remove the city's parking meters. Windstorm Insurance SB 1770 passed both chambers after having been significantly amended. As passed, the bill does the following: • Renames the "Florida Hurricane Catastrophe Fund Finance Corporation" (CAT Fund) to the "State Board of Administration Finance Corporation." • Extends the CAT Fund assessment exemption for medical malpractice until May 31, 2016. • Repeals outdated language for the $1OM additional coverage for specified insurers and the Temporary Emergency Options for Additional Coverage. • Exempts Citizens from "exchange of business" restrictions to facilitate the operations of the clearinghouse. • Prohibits a public adjuster from receiving compensation from any source over the statutory fee cap. Applies disciplinary provisions in current law to public adjusters who violate the statutory fee caps through any maneuver, shift, or device. • Repeals 10% Public Adjuster fee cap on Citizens' claims which results in a fee of 10% for initial hurricane claims made the first year, 20% for initial claims made in subsequent years and 20% for all reopened and supplemental claims. 957 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 6 of14 • Requires a public adjuster to meet with the insurer to try to settle and prohibits a public adjuster from acquiring any interest in salvaged property unless the policyholder consents. • Adds a professional structural engineer to the Florida Commission on Hurricane Loss Projection Methodology. • Reduces the maximum Citizens' policy limit from $2 million to $1 million and further reduces this amount by $100,000 a year for 3 years to $700,000. Allows for an exemption in certain counties the Office of Insurance Regulation (OIR) determines does not have reasonable degree of competition. • Prohibits Citizens from covering structures commencing construction after July 1, 2014, seaward of the coastal construction control line. • Allows the Governor of Florida to appoint a consumer representative to the Citizens Board of Governors in addition to the current two appointments. • Clarifies a private company's offer within 15% of Citizens' rate for a new policy and no greater than current rate for a renewal makes the policy ineligible for coverage with Citizens. • Requires Citizens disclose potential surcharge and assessment liabilities with each renewal notice. • Allows insurers who take policies out of Citizens to use Citizens' policy forms for three years without approval from the OIR to use the forms. • Establishes an office of Inspector General at Citizens to be appointed by the Financial Services Commission. Representative Richardson had a stand-alone bill that also would have accomplished this. His bill, HB 433, passed the House but died in Senate messages because its companion, SB 386 by Senator Abruzzo, did not receive a hearing and died in its first committee of reference. • Requires Citizens to prepare an annual report on Citizens' loss ratio for non- catastrophic losses on a statewide and county basis. • Subjects Citizens to the purchasing of commodities restrictions under section 287.057. • Establishes the Citizens clearinghouse by January 1, 2014. • Requires the establishment of a process to divert commercial residential policies. • Participating companies must either appoint the agent of record or offer a limited servicing agreement. • Agents are to be paid Citizens commission or the company's standard commission, whichever is greater. • Clarifies that the 45 day notice of nonrenewal applies to policies submitted to the clearinghouse. • Independent and Captive agents are granted and must maintain ownership of records including policies placed in Citizens. • Captive companies are allowed to approve their agents limiting servicing agreements with each participating company. • Requires the CAT Fund and Citizens submit to the Legislature and Financial Services Commission an annual report for the upcoming storm season. 958 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 7of14 Red Light Cameras Stand-alone legislation related to red light cameras did not pass. However, provisions were amended onto the Highway Safety bill, HB 7125 by the House Transportation and Highway Safety Subcommittee and Representative Raburn, which did pass. HB 7125 revises the procedures related to red light camera enforcement. The bill provides a 60 day period in which a person must pay the fine, identify another driver that was in control of the vehicle, or request a hearing before a local hearing officer. Enforcement of right turns on red is restricted, although not completely prohibited. The bill provides that a driver cannot be issued a citation if he or she came to a complete stop, even if the driver came to a complete stop after crossing the stop line. Destination Resorts/Gaming Bills HB 155 by Representative Trujillo prohibiting electronic gambling devices was the only gaming-related legislation to pass this session. Governor Scott signed this legislation on April1 0, 2013. The bill prohibits internet sweepstakes cafes, as well as certain other gaming as conducted at "adult arcades" and elsewhere. The Florida Arcade Association is challenging this law on behalf of adult arcades. The House and Senate each set up select committees to study gaming issues. The Senate President and Speaker of the House also commissioned a study of the social and economic impact of gaming in Florida, which will be conducted by Spectrum Gaming Group and is due October 1, 2013. More comprehensive gaming legislation is expected during the 2014 Legislative Session. Synthetic Drugs HB 619 by Representative Ingram was laid on the table and SB 294 by Senator Bradley passed both chambers and goes next to the Governor for final action. SB 294 codifies the Schedule I scheduling of the substances listed in the Attorney General's emergency rule as well as further additional substances, which are commonly used in making "bath salts." Persons who engage in certain unlawful acts involving these substances will be subject to arrest and prosecution under this bill. Texting and Driving HB 13 by Representative Holder was laid on the table and SB 52 by Senator Detert passed both chambers and goes next to the Governor for final action. SB 52 prohibits the operation of a motor vehicle when operating a wireless communications device for certain purposes. Online Hotel Tax and Sales Tax Collections There was no legislation on this issue during the 2013 Legislative Session. 959 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page Bof14 Living Wage/Domestic Partnerships HB 655 by Representative Precourt and SB 726 by Senator Simmons were high-profile bills that differed throughout most of the legislative session. HB 655 was drafted to preempt local governments from requiring employers to provide certain benefits. It provided specifically that living wage ordinances would sunset in 2016. By contrast, SB 726 contained a preemption relating to leave benefits but did not preempt living wage ordinances. The Senate bill initially contained additional provisions in state law that would provide certain leave benefits to employees statewide. However, it was amended to replace those additional benefits with a study group that would examine the issue and make recommendations to the Legislature. This was done at Senator Latvala's request. The bill sponsors were in negotiations during the final days of session attempting to reach a deal on this legislation. Rutledge Ecenia worked with a coalition of stakeholders to urge Senator Simmons and other Senators to keep the provisions of HB 655 off SB 726. Representative Richardson and Senator Margolis both worked actively on this issue. The Senate laid SB 726 on the table and amended HB 655 to generally preempt the provision of leave and wage benefits to the state; however, it allowed local governments to provide additional benefits for its employees and to require additional benefits in their contracts, so this version of the bill is protective of the City of Miami Beach's living wage and domestic partnership ordinances. Upon being amended, HB 655 passed the Senate. Initially, the House refused to concur in the Senate amendment and requested the Senate to recede from its position. We again worked to urge Senators not to recede from their position. The Senate again refused to accept the House language and sent the bill back to the House for a second time. This time, the House concurred in the Senate amendment and passed the bill. HB 655 passed both chambers with language that protects the City of Miami Beach's living wage and domestic partnership requirements. The bill goes next to the Governor for final action. HB 181 by Representative VanZant and SB 1118 by Senator Hays would have prohibited state and political subdivisions that contract for construction, maintenance, repair, or improvement of public works from imposing certain conditions on certain contractors, subcontractors, material suppliers, or carriers. They also would have prohibited the state and political subdivisions from restricting qualified bidders from submitting bids, being awarded any bid or contract, or performing work on public works projects. They also revise filing requirements for written protests to contract solicitations or awards. This legislation would have preempted living wage and domestic partnership ordinances. SB 1118 was temporarily postponed in its first committee. HB 181 did not receive a hearing. Both bills died in their first committees of reference. 960 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 9of14 SESSION OVERVIEW-HOUSE AND SENATE PRIORITIES This year, the House and Senate took the unusual step of issuing a list of joint priorities, called "Work Plan Florida." This was a five point plan that included Ethics Reform, Campaign Finance Reform, Higher Education Reform, Pension Reform, and an Elections Review. The status of these priorities is as follows: Ethics Reform -SB 2 was signed by the Governor on May 1, 2013. The bill does the following: • Places elected officials' financial disclosures online; • Provides the Commission on Ethics more authority including the ability to garnish the public and private salaries of officials who fail to pay fines for ethics and elections violations; • Requires state officers to abstain from voting on matters that benefit them directly; • Requires ethics training for constitutional officers; • Places greater restrictions on public employment while in office; • Prohibits elected officials from accepting gifts from Political Committees (PCs); • Allows public officials to place assets in a blind trust to help avoid potential conflicts of interest; • Allows the use of certified public accountants or attorneys when preparing financial disclosures; • Provides for the filing of election complaints up to the day of an election, which is currently prohibited during the five days preceding an election; • Requires that complaints filed within 30 days of an election be based on actual knowledge of a violation, rather than hearsay, to stop the filing of frivolous politically- motived complaints; and • Bars current and former legislators from lobbying the Executive and Legislative branches for two years after leaving office. SB 4 allows the Commission on Ethics to initiate investigations based on referrals from the Governor, Department of Law Enforcement, State Attorneys, and U.S. Attorneys. Currently, the Commission can only act on a complaint filed by a citizen. This bill was presented to the Governor on May 7, 2013. The Governor has until May 22, 2013 to act on this bill. Campaign Finance Reform-HB 569 was signed by the Governor on May 1, 2013. The bill does the following: • Eliminates Committees of Continuous Existence (CCEs) on September 30, 2013 through a decertification process; • Provides for the continued operation of PCs and enhances the reporting requirements for PCs; • Provides that CCEs may make unlimited contributions to PCs before they are eliminated (it is anticipated that most CCEs will convert to PCs -although similar 961 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 10of14 provisions exist for electioneering communications organizations, or ECOs, and some CCEs may convert to ECOs as well); • Increases the frequency of campaign finance reporting for candidates, PCs, and ECOs; • Prohibits candidates who switch races from "double-dipping" contributors for maximum contributions in both races; • Modifies the current $500 per election individual contribution limit for candidates as follows: $3,000 for statewide and Supreme Court candidates and $1 ,000 for other candidates; and • Subjects individuals seeking a publicly-elected position on a political party executive committee to a new reporting requirement. Higher Education Reform-SB 1076 was signed by the Governor on April22, 2013. The bill does the following: • Authorizes a state university that achieves 12 of 12 metrics to operate an Institute for Online Learning that offers fully online bachelor degrees programs at 75% of the tuition rate specified for Florida resident students. A state university that achieves 11 of 12 metrics is authorized to operate a University Enhancement Initiative; • Establishes the Complete Florida Degree Program, which is a pilot project for a formal program for online bachelor degree options in state universities, coordinated through the University of West Florida in collaboration with other state universities; • Authorizes the waiver of Florida College System tuition and fees for the purpose of offering bachelor degrees for state residents for which the cost of the degree program does not exceed $10,000; • Expands software applications for students with disabilities in pre-K through grade 12; • Establishes new mechanisms for students to demonstrate digital skills and knowledge, including the Florida Cyber Security Recognition and the Florida Digital Arts Recognition for elementary school students; • Provides performance expectations and funding incentives to reward education entities that align programs with economic demands; and • Revises high school graduation requirements for all students to increase student academic achievement and codifies Next Generation Sunshine Standards to reflect State Board adopted subject area standards. Pension Reform -SB 534 passed both chambers. This bill provides that the state is not liable for any obligation relating to any financial shortfalls in any local government retirement plan. The bill also specifies additional reporting requirements for public pension plans - excluding the Florida Retirement System -and provides that local plans that do not comply with the reporting requirements may jeopardize their revenue sharing funds. Each local government defined benefit retirement system or plan and plan sponsor that has a publicly available website must post certain information about the retirement system or plan on its website. The House and Senate also put forward legislation to address the State Retirement System, but those bills, HB 7011 by The House Government Operations 962 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 11 of14 Subcommittee and Representative Brodeur and SB 1392 by Senator Simpson, stalled near the end of session. SB 1392 was laid on the table but HB 7011 was temporarily postponed on second reading and died on the calendar in the Senate. Elections Review-The Senate sent an amended version of HB 7013 to the House. The House amended the bill further and sent it back to the Senate, which passed the bill. The final compromise bill made the following changes: • Provisions allowing the Secretary of State to punish non-compliant Supervisors of Elections were removed; • Each Supervisor of Elections is required to post an election-preparedness report on its own website rather than filing it with the Board of County Commissioners; • Primaries will be held on the first Tuesday that the major political parties' rules allow for allocating delegates without penalty (the bill previously contained a "Presidential Primary Date Selection Committee"); • The crime of possessing more than two absentee ballots other than the voter's own ballot or those of immediate family members is now a first degree misdemeanor (this would previously have been a third degree felony); • The gift law and honoraria law apply to CCEs until September 30, 2013, when CCEs are decertified under the campaign finance legislation (HB 569, which has been signed by Governor Scott); • Late voter registration provisions for military voters have been expanded to include voters who have returned from a "military deployment" or "activation" as opposed to a "combat zone" or "forward-deployed area"; and • Voters seeking to cure an absentee ballot without a signature will be allowed to submit the required affidavit through 5 pm on the day before Election Day instead of 5 pm on the Sunday before, because some Supervisors offices may not be open to receive ballots on that final Sunday. The bill also allows for up to 14 days of early voting, including the Sunday before Election Day, and provides greater flexibility for Supervisors of Elections in choosing early voting sites. The list of eligible early voting locations is expanded to include stadiums and convention centers, and Supervisors will have the ability to add any one non-standard site as needed to accommodate voters. Each county is also required to provide at least as many early voting sites as were operated during the 2012 General Election. SESSION OVERVIEW-GOVERNOR'S PRIORITIES The Governor also had two significant priorities. Those were teacher pay raises and a sales tax exemption for manufacturing machinery and equipment. The status of those issues is as follows: Teacher Pay Raises-This year's budget, SB 1500, includes $480 million dollars for teacher salaries. By most reports, teachers can expect a $2,500 to $3,500 pay raise. Earlier 963 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 12 of14 versions of the budget put off disbursement of pay raises until June 2014. However, as passed, the budget provides that school districts can disburse raises earlier as long as they are based in part on student performance. Sales Tax Exemption for Manufacturing Machinery and Equipment-HB 7007 passed both chambers and was presented to the Governor on May 9, 2013. The Governor has until May 24, 2013 to act on this legislation. Among many other provisions, this bill provides a sales tax exemption for certain manufacturing machinery and equipment used at a fixed location in this state. This provision is effective April30, 2014 until April30, 2017. Development Permits HB 7019 by the House Economic Development and Tourism Subcommittee and Representative Trujillo and SB 1840 by the Senate Military and Veterans Affairs, Space, and Domestic Security Committee initially required local governments to ensure that developers received all other permits prior to granting a development permit in a mapped flood hazard area. However, in response to concerns from Miami Beach staff, we secured amendments to these bills so that they no longer put the burden on local government. HB 7019 passed both chambers and goes next to the Governor for final action. The bill now contains several other growth management provisions relating to Hometown Democracy {the substance of these provisions is also in HB 537, which passed-see discussion below on page 15), high- speed rail communication facilities, leasing of certain county property, water management district permit extensions, and onsite sewage treatment and disposal systems in Monroe County. Growth Management There was an attempt to amend the substance of SB 1716 by Senator Garcia to an unrelated bill pertaining to Neighborhood Improvement Districts (NIDs), SB 770 by Senator Ring. City staff expressed concerns regarding this legislation because it was an erosion of local control. It would have exempted certain new development from having to comply with impact fee, transportation concurrency or proportionate share requirements for three years. The exemption would have lasted from July 1, 2013 through June 30, 2016. The exemption window would not have applied to a new development if it were revoked by a majority vote of the local government's governing authority, altered a local government's financing contracts or bonds, or the developer elected not to have the exemption applied. Because SB 1716 was still in a committee, there was a point of order that kept the growth management language off the NID bill. Senate bills must clear all of their committees of reference to be available as an amendment. The House companion to SB 1716 was HB 321 by Representative LaRosa, which passed the House but died in Senate messages. 964 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 13of14 Local Bids and Contracts for Public Construction Works HB 687 by Representative McBurney and SB 602 by Senator Hukill would have eliminated specified conditions under which a local government is exempt from the requirement to competitively bid contracts. Both bills died in committee. Local Preference HB 307 by Representative Tobia and SB 684 by Senator Hays, as well as HB 1017 by Representative Fresen, would have preempted local preference ordinances but provided a state preference for Florida businesses under certain circumstances. All of these bills died in committee. Communitv Transportation Projects SB 972 by Senator Hukill was laid on the table and HB 319 by Representative Ray passed both chambers and goes next to the Governor for final action. HB 319 provides that local governments who opt out of concurrency may implement development regulations similar to transportation concurrency, such as mobility plans. It also provides that an alternative funding system must provide a means for new development to pay for its impacts and proceed with development and allows local governments to pool contributions from multiple applicants toward one planned facility improvement. Additionally, the bill also provides that an applicant may satisfy concurrency requirements by making a good faith offer to enter into a binding agreement and requires local governments to provide the basis upon which landowners will be assessed a proportionate share of costs. The bill requires any local government implementing an alternative mobility funding system to follow the same general principles as local governments implementing transportation concurrency. The bill provides that an alternative mobility funding system may not be used to deny approvals if the developer agrees to pay for the development's identified transportation impacts using the funding mechanism implemented by the local government. The bill also requires a mobility- fee-based funding system to comply with the dual rational nexus test applicable to impact fees. Hometown Democracy HB 537 by Representative Moraitis and SB 528 by Senator Simpson provide that an initiative or referendum process for any development order, local comprehensive plan amendments, or map amendments is prohibited. Initiative or referendum processes specifically authorized by a local government charter provision in effect as of June 1, 2011 are grandfathered. These bills are intended to prevent local Hometown Democracy initiatives. SB 528 was laid on the table and HB 537 passed both chambers and goes next to the Governor for final action. 965 Commission Memorandum-Report on the 2013 Florida Legislative Session July 17, 2013 Page 14 of14 Development Exactions HB 673 by Representative Perry and SB 772 by Senator Brandes would have prohibited local governments from imposing or requiring certain exactions on or against private property. They died in committee. Developments of Regional Impact HB 4035 by Representative Spano would have deleted provisions authorizing the state land planning agency, regional planning agencies, or local governments to petition the Administration Commission to increase or decrease numerical thresholds of statewide guidelines and standards used in determining whether developments are subject to development-of-regional-impact review. This bill did not have a Senate companion and it died in comm JLM T:\AGENDA\2013\July 17\Legislative Report.doc 966