FLASLA Government Affairs Committee Capitol Landscape July, 2013 Issue
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2013 Legislative Session
With a busy 2013 Legislative Session having concluded, there is much to report. Rutledge Ecenia and the Governmental Affairs Committee (GAC) monitored several pieces of legislation and worked to amend various bills to ensure parity for landscape architects among all registered professionals. A few items of interest include:
Campaign Finance – HB 569 by Representative Schenck has been approved by the Governor. It eliminates Committees of Continuous Existence (CCE). his affects the Friends of Landscape Architecture CCE (FLACCE). In response, the CCE Board of Directors has ceased the operation of the FLACCE and created the Friends of Landscape Architecture Political Committee (FLAPC). This should ensure a fairly seamless continuation of our political activity. There is one hitch – the FLAPC can only accept up to $500 from any one entity until Nov. 1, 2013. At this time, it can accept unlimited contributions.
Public Private Partnerships – HB 85 by Representative Steube has been approved by the Governor. This bill encourages local governments to enter into public private partnerships. We ensured that this legislation applies to all registered professionals. Senator Diaz de la Portilla (sponsor of the Senate companion, SB 84) has been named 2013 FLASLA Legislator of the Year for his good work on this legislation.
Design Professionals – This legislation has been approved by the Governor. It permits a design professional employed by a business entity, or an agent of the entity, to be immune from tort liability for damages occurring within the course and scope of the performance of a professional services contract under certain circumstances, including:
• The contract must be between the business entity and a claimant or another entity for the provision of services to the claimant;
• The contract must not name an individual employee or agent as a party to the contract;
• The contract must prominently state that an individual employee or agent may not be held individually liable for negligence;
• The business entity must maintain any professional liability insurance required under the contract; and
• Any damages must be solely economic in nature and cannot extend to persons or property not subject to the contract.
The bill applies to all design professionals, including landscape architects.
Stormwater – There were several bills filed that related to stormwater issues. We monitored each of these closely for any amendments that would seek to restrict the practice of landscape architects, particularly as the session neared its close. However, while some of these passed and some failed, there were no amendments to prevent landscape architects from practicing in this area. We discovered one draft amendment that would have repealed section 403.0877, F.S. This would have removed the Department of Environmental Protection’s (DEP’s) and the water management districts’ ability to require the sign and seal of any registered professional other than an engineer. However, this was corrected before the amendment was filed and there were no further attempts to repeal this section of law.
Deregulation – SB 720 by Senator Brandes and HB 1189 by Representative Raburn would have deregulated motor vehicle auctioneers, hair braiding, hair wrapping, and body wrapping. There were no amendments that would have affected landscape architects and these bills did not pass.
The Governmental Affairs Committee (GAC) has been busy lately. In addition to legislative items, we have actively worked on the Statewide Environmental Resource Permit rulemaking over the last several months. The proposed rules are much more inclusive of landscape architects than was previously the case. These changes represent great strides for the profession of landscape architecture. It is my hope that landscape architects will take actively take advantage of this new, more inclusive, approach.
The GAC remains diligent on all relevant legislation and rulemaking activities. We are always looking for new talent, so if you are interested in governmental affairs, please join us!
Diana Ferguson is an attorney with Rutledge Ecenia, P.A., in Tallahassee, and leads FLASLA’s advocacy efforts. She has also provided legislative counsel to the Florida Association of Counties and has practiced environmental law at regulatory agencies in Texas and Florida. If you have questions or would like more information about participating on the GAC, you can reach her at 850-681-6788 or dferguson@reuphlaw.com.
Jonathan Haigh, PLA, ASLAFL|ASLA
Member at Large, Advocacy and Licensure
http://www.flasla.org/?page=governmentaffairs
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