May 2013

FLASLA Government Affairs Committee Capitol Landscape May, 2013 Issue

If you have questions or would like to get involved in assisting the Chapter with advocacy, licensure issues, and other legislative concerns, please contact Jonathan Haigh, Member at Large for Advocacy and Licensure at: memberatlargeAL@flalsa.org

ACTION ITEMS

Public Private Partnerships
SB 84 by Senator Diaz de la Portilla; HB 85 by Representative Stuebe
SB 238 by Senator Flores (Similar)
HB 84 was laid on the table this week and HB 85 passed both chambers and goes next to the Governor for final action. HB 85 creates an alternative procurement process and requirements for public-private partnerships to facilitate the construction of public-purpose projects. The bill was amended to create a Public Facilities and Infrastructure Act Guidelines Task Force to make recommendations for the Legislature to consider for public-private partnerships to foster uniformity across the state. The Task Force will be comprised of the Secretary of the Department of Management Services, as well as six members appointed by the Governor, including one municipal official, one county official, one district school board member, and three representatives from the business community.

The bill specifies the requirements for public-private partnerships, which include provisions that require responsible public entities to provide notice of unsolicited proposals, conduct independent analyses of proposed partnerships, notify other affected local jurisdictions, and enter into interim and comprehensive agreements for qualifying projects. The bill authorizes responsible public entities to approve a qualifying project if there is a need for or benefit derived from the project, the estimated cost of the project is reasonable, and the private entity’s plans will result in the timely acquisition, design, construction, improvement renovation, expansion, equipping, maintenance, or operation of the qualifying project.

The bill also authorizes the use of public-private partnerships for purposes of county road projects. It permits counties to receive or solicit proposals and enter into agreements with private entities construct, extend, or improve a county road if it is in the best interest of the public.

Several technical changes were made to this legislation at our request to ensure parity for registered professionals.

Neighborhood Improvement Districts
SB 564 by Senator Simmons; HB 679 by Representative Nelson
HB 679 did not receive a hearing. SB 564 died in the Senate Appropriations Committee after being significantly amended in the Senate Appropriations Subcommittee on Finance and Tax. We expressed concern to the bill’s primary proponent, the City of Orlando, as well as Senate staff regarding problematic language singling out engineers. This language was removed from the bill. SB 564 would have renamed the Safe Neighborhoods Act as the “Neighborhoods Improvement Act” and revised its focus from safety and crime reduction to neighborhood improvements such as street and sidewalk enhancement, landscaping, mass transit, and stormwater and public utility development. In addition to local government Neighborhood Improvement Districts’ (NID) current authority to levy ad valorem taxes and special assessments, this bill would have allowed these NIDs to impose fees and user charges.

SB 564 would have authorized local government NIDs to borrow money and issue bonds. Bonds would have been required to be approved by the board of the NID, governing body of the municipality or county that created the district, and by referendum. The bill would have distinguished between local government NIDs located in residential areas and those located in commercial areas. The Safe Neighborhoods Program, unfunded since 1992, and related grant opportunities, would have been eliminated by the bill. Many of the Department of Legal Affairs’ administrative duties associated with safety, crime reduction, and community policing efforts would also have been removed. The bill also would have allowed NIDs to contract with county or municipal government for legal advice, and to plan for certain public improvements.

HB 741 by Representative S. Jones; SB 770 by Senator Ring
These bills were similar in nature. HB 741 did not receive a hearing. SB 770 passed the Senate and died in House messages because the House companion was never heard. There were attempts to amend this legislation on to other pieces of legislation poised to pass the House, but those attempts were unsuccessful. SB 770 would have authorized local government neighborhood improvement districts (NIDs) to borrow money and incur debt and to pledge special assessments to meet such obligations. Local government NIDs would also have been authorized to lease or lease-purchase property and to impose user fees and charges. All powers provided by the bill would have been conditioned upon referendum approval by the electors of the district. In addition to local government NIDs’ current authority to levy ad valorem taxes and special assessments, SB 770 would have allowed NIDs to impose user fees and charges. This legislation never contained any problematic language relating to engineers but was monitored closely for amendments.

Environmental Regulation
HB 999 by Representative Patronis; SB 1684 by Senator Altman
Among other provisions, these bills set up a “Request for Additional Information” (RAI) process similar to that currently used by the Department of Environmental Protection (DEP) for local governments. This new process will apply only to registered professionals listed in s. 403.0877, F.S. After a draft of the bill was circulated that would have repealed s. 403.0877, F.S., we watched these bills closely for amendments related to a repeal of this section or any other restriction in the scope of practice for landscape architects, although neither bill sponsor appeared to be inclined to pursue such amendments. After a protracted and contentious debate, SB 1684 was laid on the table and HB 999 passed both chambers this week after some of the bill’s more controversial provisions were removed. HB 999 goes next to the Governor for final action.

BILLS OF NOTE

Design Professionals
SB 286 by Senator Negron; HB 575 by Representative Passidomo
These bills provide that certain business contracts may specify that registered professionals may not be held individually liable for negligence while performing professional services provided under those contracts. SB 286 was signed by the Governor last week.

Manufacturing Development
HB 357 by Representative Boyd; SB 582 by Senator Galvano
See also HB 7007 by Economic Development & Tourism Subcommittee
Among other provisions, these bills authorize local governments to establish a manufacturing development program that provides for master development approval for certain sites. An architect, engineer, or landscape architect must certify that a particular project complies with the master development plan. While the bills were inclusive of landscape architects, we watched them closely for amendments, particularly since the bill provides for collaboration and cooperation among state and local agencies relating to the issuance of stormwater and other permits. SB 582 was laid on the table and HB 357 passed both chambers and goes next to the Governor for final action.

OTHER BILLS

Department of Business and Professional Regulation
HB 57 by Representative Porter; SB 802 by Senator Hays
This bill requires funding for the Florida Homeowners’ Construction Recovery Fund and will allow DBPR to transfer funds from the Florida Building Code Administrators and Inspectors Board to the Recovery Fund. These bills were monitored closely because they were bills related to the “Department of Business and Professional Regulation” (DBPR) meaning that they could have been amended with any language relevant to DBPR. However, the bills were not amended with any problematic language. SB 802 was laid on the table and HB 57 passed both chambers and goes next to the Governor for final action.

Department of Economic Opportunity
HB 121 by Representative Combee; SB 670 by Senator Brandes
This bill requires DEO to create a web page that provides data and information that is relevant to the creation of new businesses and the expansion of existing businesses. These bills died in committee.

Stormwater Management Permits
HB 183 by Representative Raulerson; SB 934 by Senator Lee
This bill allows municipalities and counties to adopt stormwater adaptive management plans and obtain permits for urban redevelopment projects. These bills were monitored closely for adverse amendments, but neither bill was amended with problematic language. HB 183 was laid on the table and SB 934 passed both chambers and goes next to the Governor for final action.

State Contracts
HB 307 by Representative Tobia; SB 684 by Senator Hays
These bills expand the provisions that govern agencies, universities, colleges, school districts or any other political subdivisions when providing consideration to Florida business contracts regarding personal property purchases. These bills died in committee.

Public Records
HB 403 by Representative Holly Raschein; SB 1152 by Senator Margolis
These bills exempt from public records financial statements that a governmental entity or agency requires a prospective bidder to submit when responding to an invitation to bid, request for proposals, or invitation to negotiate. These bills died in committee.

Water Quality Credit Trading
HB 713 by Representative Pigman; SB 754 by Senator Grimsley
These bills authorize the DEP to implement water quality credit trading in adopted basin management action plans on an ongoing basis. SB 754 was laid on the table and HB 713 passed both chambers and goes next to the Governor for final action.

Deregulation of Professions and Occupations
SB 720 by Senator Brandes; HB 1189 by Representative Raburn
These bills deregulate certain auctioneers who conduct motor vehicle auction contests, as well as hair braiding, hair wrapping and body wrapping. They also repeal provisions of the Sale of Business Opportunities Act. These bills were watched closely for amendments that would have affect landscape architects. No such amendments were filed. These bills died in committee.

Procurement of Professional Architectural, Engineering, Landscape Architectural or Surveying and Mapping Services
HB 739 by Representative Metz; SB 1002 by Senator Soto
These bills amend the Consultants Competitive Negotiation Act (CCNA) to allow cost to be considered once firms have been short-listed. Neither bill received a hearing and they died in committee.

State Procurement
HB 1017 by Representative Fresen; No Senate Companion
This bill provides preference for local businesses in state contracting for goods and contractual services, including construction services. It died in committee.

Community Development Block Grants
SB 1024 by Commerce and Tourism; HB 7007 by Economic Development & Tourism Subcommittee; See also SB 494 by Senator Simpson
Among many other provisions, these bills substantially revise the Community Development Block Grant program. SB 1024 was laid on the table and HB 7007 passed both chambers after being significantly amended. The bill now also contains language related to the disbursement of BP settlement money following the Deepwater Horizon oil spill. This language was initially very controversial because it would have re-routed monies under the RESTORE Act that are slated to go directly to counties under the federal law. Those provisions were removed so that the bill now applies only to BP settlement dollars. The bill creates Triumph Gulf Coast, Inc., a non-profit corporation, to create and administer a Recovery Fund for the benefit of the disproportionately affected counties. The bill also requires the Office of Economic and Demographic Research (EDR) and the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct an Economic Development Programs Evaluation. Additionally, it provides a sales tax exemption for manufacturing equipment that is effective May 1, 2015 and is repealed May 1, 2017. This was a priority for the Governor. HB 7007 goes next to the Governor for final action.

United Nations’ Agenda 21-2013
HB 1187 by Representative Eagle; No Senate Companion
This bill endorses the Congressional rejection of the UN’s Agenda 21 and its policies. It did not receive a hearing and died in committee.

Administrative Procedures
HB 1225 by Representative Adkins; SB 1696 by Senator Brandes
Among other provisions, these bills provide that an agency has the burden of proof in proceedings challenging the validity of existing rules and unadopted agency statements. The bills also remove certain exceptions from requirements that attorney fees and costs be held against an agency in proceedings. HB 1225 died on the House calendar on second reading. SB 1696 died in committee.

Building Construction
SB 1252 by Senator Simpson; HB 1245 by Representative Davis
These bills contain numerous provisions relating to building construction. They were monitored for amendments. SB 1252 by Senator Simpson received an additional committee reference that made it less likely to pass. The substance was amended onto SB 1080 by Senator Evers relating to Public Construction Projects. However, that bill did not make the last Senate Appropriations Committee agenda. The bill was then amended onto SB 156 by Senator Detert relating to Swimming Pools and Spas. While HB 1245 passed the House, the Senate laid SB 156 on the table and substituted its companion, HB 269. HB 269, which also contains the substance of the building construction package, passed both chambers and now goes to the Governor for final action.

Campaign Finance
SB 1382 by Senator Latvala; HB 569 by Representative Schenck
These bills repeal statutory provisions authorizing Committees of Continuous Existence (CCEs). SB 1382 was laid on the table and HB 569 passed both chambers. The Governor signed this bill on May 1, 2013. After a number of amendments, the final bill raises the cap on contributions to $1,000 generally and caps individual contributions for statewide races at $3,000. The Friends of Landscape Architecture CCE will need to wind up its operations. If the Chapter wishes to continue political activity, it will need to open a Political Committee (PC, also commonly referred to as a PAC). The Chapter could generally continue its political activity uninterrupted through a PC; however, the reporting requirements are more onerous.

Legislative Lobbying Expenditures
SB 1634 by Senator Lee; No House companion
This bill provides exceptions when a member or an employee of the Legislature may accept a certain expenditure made by a lobbyist or principal. The bill provides for procedures and filing requirements related to certain events and dinners. This bill is of interest to FLASLA because it could require the association to take certain actions when inviting legislators to annual conference, for example. SB 1634 died in committee.

Total Maximum Daily Loads
SB 1806 by the Senate Environmental Preservation and Conservation Committee; HB 7113 by the House Agriculture and Natural Resources Subcommittee
These bills exempt total maximum daily load rules from legislative ratification. They were both approved as committee bills by their respective committee prior to receiving bill numbers. HB 7113 was laid on the table and SB 1806 passed both chambers and goes next to the Governor for final action.

Numeric Nutrient Criteria
SB 1808 by the Senate Environmental Preservation and Conservation Committee; HB 7115 by the House Agriculture and Natural Resources Subcommittee
These bills provide guidance to the DEP for setting numeric nutrient criteria for flowing waters of the state. They were both approved as committee bills by their respective committees prior to receiving bill numbers. They authorize DEP to implement its adopted nutrient standards for streams, springs, lakes and estuaries. They provide that numeric nutrient criteria rules are exempt from legislative ratification and they establish the water quality standard for non-estuarine coastal waters until such time as numeric nutrient criteria are established for those waters. HB 7115 was laid on the table and SB 1808 passed both chambers and goes next to the Governor for final action.

Ratification of Total Maximum Daily Loads
SB 1864 by Senate Environmental Preservation and Conservation; HB 7157 by the House Rulemaking Oversight and Repeal Subcommittee
These bills ratify administrative rules for the implementation of certain Total Maximum Daily Loads. They were both approved as committee bills by their respective committee prior to receiving bill numbers. SB 1864 was laid on the table and HB 7157 passed both chambers and goes next to the Governor for final action.

Jonathan Haigh, PLA, ASLAFL|ASLA
Member at Large, Advocacy and Licensure

http://www.flasla.org/?page=governmentaffairs