Florida Legislative Session: Week 3 Report Week 3 of the 2017 legislative session in Tallahassee is in the books. First and foremost, we will have our first bill hearing on HB 269 by Rep. MaryLynn Magar, Tuesday, 3/28 at 8 a.m. in the Transportation and Infrastructure Subcommittee in the House. The lobby team has been tirelessly working to get the bill heard in the public, and we are working hard now to continue to educate members on our position for a favorable outcome during Tuesday’s committee. Chairman Doug Smith joined the legislative department in Tallahassee this week for Treasure Coast / Research Coast Chamber Days and met with legislators from the House and Senate, including Senate President Joe Negron, Senate Appropriations Chairman Jack Latvala, and our delegation members. The group also received a briefing from Drew Bartlett, Deputy Secretary at FDEP and Mat Forrest, representing the Florida Association of Destination Marketers. The group advocated collectively and included elected officials, chamber representatives and other business development organizations to ask the legislative and executive branches how we can work together to foster a successful business climate in the Treasure Coast, learn about new proposed local business regulations, and understand the position of the House and Senate on Visit Florida and Enterprise Florida funding. As always, please see below for an update (updates are in BLUE) on legislation the lobby team is tracking this session and let me know if you need any additional information. I am proud to be your voice in Tallahassee. Thank you, Devon West Legislative Coordinator Martin County Board of County Commissioners

PRIORITY ISSUES FOR MARTIN COUNTY HEALTH AND HUMAN SERVICES OPIOID ABUSE SUPPORT Emergency Services for Unintentional Overdoses - HB 61 - (Rep. Lee, Jr) Pertaining to treatment one should receive if hospitalized for an unintentional overdose was heard in the House Health Innovation Subcommittee on Tuesday, 3/14/17 and passed its first committee of reference. The Martin County Board of County Commissioners sent a letter to Governor Rick Scott during week one of session, asking him to consider declaring a public health emergency on the opioid epidemic in the state of Florida. This bill has passed its 2nd of 2 committee stops during Week 3, and is ready to be placed on the Special Order Calendar in the House. SOBER HOMES SUPPORT Marketing Practices for Substance Abuse Services - SB 788 (Clemens)/HB 807 (Hager) Marketing Practices for Substance Abuse Services were heard in their first committees last week and both passed unanimously.

Senator Clemens’s bill 788 was heard in the Children, Families and Elder Affairs (CFE) Committee during week 3 of Session and is now ready to be heard in the Senate Appropriations Committee, it’s 3rd of 4 committee references. State Attorney Dave Aronberg gave a presentation on the Sober Homes Task Force to the CFE Committee preceding the bill presentation. Martin County legislative affairs was in committee to support the bill. MONITOR Firefighters – SB 158 (Sen Latvala) / HB 143 (Rep Fitzenhagen) The bills create a presumption that certain types of cancers causing partial or total disability to or the death of a firefighter were contracted in the line of duty unless competent evidence is shown to the contrary. It seeks to increase the FRS rate for Special Risk Class employees by 0.01 percentage point to fund the benefit change. FAC is currently working to determine the fiscal impact to local governments associated with the bill. SUPPORT Civil Citation Program for Juveniles – SB 196 (Sen. Flores) / HB 205 (Rep. Ahern) – The bill requires that every county establish either a juvenile civil citation program or other “similar diversion program” and mandates law enforcement use one of the programs in lieu of arrest for certain misdemeanor offenses (but still permits law enforcement to issue a simple warning in lieu of cc or diversion). FINANCE & TAX MONITOR AMENDMENT 4 IMPLEMENTATION Renewable Energy - SB 90 (Brandes)/HB 1351 (Rodrigues) The House released its version of implementing legislation for the recently passed constitutional amendment #4. HB 1351 (Rep. Rodrigues) is similar to SB 90 (Sen. Brandes) except that it applies the assessment exemption to devices installed after 1/1/2018. The house bill also offers language providing for greater protections for consumers of solar installations. The House released its version of implementing legislation for the recently passed constitutional amendment #4. HB 1351 (Rep. Rodrigues) is similar to SB 90 (Sen. Brandes) except that it applies the assessment exemption to devices installed after 1/1/2018. The house bill also offers language providing for greater protections for consumers of solar installations. The bill passed its first committee of reference on 3/21. The Revenue Estimating Conference estimates that the provisions of the bill which implement Amendment 4 will have no impact on local government revenues in fiscal year (FY) 2017-18, an impact of -$44.2 million in FY 2018-19, and an impact of -$55.8 million in FY 2019-2020. The remaining provisions of the bill appear to have no impact on local government revenues. Martin County and FAC continue to work with the bill sponsors to reach an agreement on more favorable language. OPPOSE Local Government Fiscal Transparency– HB 7065 (Ways & Means Comm.) Among various provisions, the bill provides for:

• Voting records related to Board actions to increase taxes and the issuance of tax supported debt. • The provision of online access to historical TRIM notices by parcel.

Additional requirement for public meetings and notice for local option tax increases and tax-supported debt issuances.

• The requirement for local governments to conduct a debt affordability analysis prior to approving new long-term tax-supported debt.

• The requirement that local governments include compliance with transparency requirements in their annual audit.

LOCAL TAXES MONITOR Limitations on Property Tax Assessments - SB 76 (Lee)/HB 21 (Burton) HB 21 Proposes amendment to State Constitution to remove future repeal of constitutional provisions that limit amount of annual increases in assessments, except for school district levies, of specified nonhomestead real property. HB 21 passed through its last committee in the House last week, the bill has now been placed on the house floor calendar for 2nd and 3rd reading and awaits scheduling on special order. OPPOSE Local Regulation Preemption “Super Preemption” - HB 17 (Fine) / SB 1158 (Passidomo) In summary, HB 17 proposes to PREEMPT the home rule powers of local governments with regards to the regulation of businesses, professions, and occupations unless it is EXPRESSLY AUTHORIZED by the State. The PREEMPTION is extended to associated regulatory, licenses, and/or permit fees. **The bill’s next stop will be the House Commerce Committee. It was not heard last week. Although not identical or a companion to HB 17, SB 1158 is very similar in that it proposes to also PREEMPT the home rule powers of local governments with regards to the regulation of commerce, trade and labor. The bill would prevent counties from adopting ordinances that have an adverse impact on commerce, trade or labor, unless it is EXPRESSLY AUTHORIZED by the State.

The PREEMPTION specifically prevents counties from:

1. Banning the sale of a good or service; 2. Imposing a penalty on the sale of a good or service; 3. Requiring an employer to pay any or all of its employees a wage rate not otherwise

required under a special, general, or federal law; or extended to associated regulatory, licenses, and/or permit fees.

**The bill’s first stop will be the Senate Commerce and Tourism Committee. FAC staff is asking for members to express their beliefs of the impact that this legislation would have on their local communities. OPPOSE Local Business Taxes – SB 330 (Steube) / HB 487 (Renner) HB 487 - Authorize counties & municipalities to continue to levy local business taxes if resolution or ordinance was adopted by specified date; provides maximum amount of business tax & transfer fees that may be imposed; removes authority for counties & municipalities to increase business tax rates & to impose additional business taxes; removes exemption from apportionment requirements for certain counties; provides exemptions for veterans, veterans' spouses, active-duty military servicemembers' spouses, & low-income persons. HB 487 was passed through the Local, Federal and Veterans Affairs Committee agenda on 3/21 and is now in the Ways and Means Committee. OPPOSE SB 330 – Would prohibiting the governing bodies of counties and municipalities, respectively, from levying a local business tax that was not adopted before a specified date; deleting certain provisions

that, for counties and municipalities, limit the rate of the tax and authorize increases of the tax; providing an exemption from the business tax, subject to certain conditions, to specified veterans, spouses of veterans and active servicemembers, and low-income individuals, etc. Effective Date: Upon becoming a law SB 330 was substantially amendmended by the Senate Community Affairs Committee on 3/22. The committee substitute creates a “shell” bill, and removes the language regarding the tax cap that local governments can levy. SUPPORT Taxation (Communication Services Tax) – SB 378 (Flores) SB 378 (Sen. Flores) has been filed and proposes to repeal existing insurance premium tax credits and utilize corresponding cost savings to reduce the state communications services tax (cst) rate by 2%. The proposal also includes enough funding to hold local governments, who share in state cst revenues, harmless or without any negative fiscal impact. The bill was heard on 3/21, was amended and passed with a Committee Substitute. It only has 2 committees of reference.   MONITOR Increased Homestead Property Tax Exemption – SJR 1774 (Lee) SJR 1774 (Sen. Lee) has been filed and proposes a constitutional amendment to increase the current homestead exemption of $50,000 (on the first $75,000 of value) to $75,000 (on the first $100,000 of value). Although there has not been a house version filed yet, FAC staff expects that the House will offer a similar version of the proposed constitutional amendment. The total projected statewide impact in 2019 is $794,931,586. This is a statewide total impact on all counties, cities, and special districts. School Districts are excluded. The bill passed its first committee of reference, Community Affairs on 3/22 and has moved to Finance and Tax. Roughly, our impact with the additional homestead would be $8 million. These monies would have to be made up by increasing our tax rate - which we do have a cap on - or reducing expenditures. General fund for sheriff, and county operations (libraries, public buildings, beaches and parks) to our other services funded by mostly ad valorem: Fire Rescue, parks and recreation, road maintenance, and stormwater . Our total ad valorem in Martin County is $161 million so $8 million is almost 5% of our total ad valorem, which would be a substantial reduction for our county. OPPOSE Local Government Fiscal Responsibility -- HB 7063 (Ways & Means Comm.) Among various provisions, the bill provides for: Local governments, except schools, can’t adopt over millage rolled-back rate unless they spend down “excess unencumbered fund balances” in special funds below 10%. In effect, this prohibits property tax increases unless excess fund balances are spent down. Prohibits cities and counties (exempts schools) from enacting, extending or increasing local option taxes other than property taxes, if they had adopted a millage rate in excess of the rolled-back rate (with certain specified exceptions) in any of the three previous years. Requires any local option or property tax (including special districts) that require voter approval to be on a general election ballot with a 60% threshold for passage. For example- CST, local business tax, local option surtaxes, TDT, public service tax, gas taxes. Requires voter approval for any new tax-supported debt (beyond 5 years) and must be on a general election ballot with a 60% threshold for passage.

Except, in an emergency (defined by ch. 252 --Emergency Management) the governing board, by a 4/5 vote, can authorize a vote at an election other than the general election, while still requiring 60% voter approval with the proceeds only being used for said emergency. **Currently, there is no Senate companion bill to HB 7063 **The bill was heard in the House Ways and Means Committee meeting on 3/8/17 and it was passed by a 9 to 7 vote. ECONOMIC DEVELOPMENT EFI AND VISIT FLORIDA OPPOSE Economic Programs (Enterprise Florida) - HB 7005 (Renner) **HB 7005 passed the House Rules Committee by 15 to 3 vote and was subsequently placed on the Special Order calendar for Thursday, March 9 The bill was successfully passed of off the house floor on Friday, March 10, 2017 and now awaits Senate action. OPPOSE Florida Tourism Industry Marketing Corporation (Visit Florida) - HB 9 (Renner) **HB 9 passed the House Rules Committee (its only committee reference) and rolled to third reading on Thursday as was also successfully passed of off the House floor and now awaits Senate action. MEDICAL MARIJUANA MONITOR AMENDMENT 2 IMPLEMENTATION Senator Dana Young, Chair of the The Senate Health Policy Committee, hosted a 2 hour workshop in week 3 of session to discuss Senator Bradley’s SB 406 as well as the additional filed bills in the Senate. Martin County legislative affairs was in committee to track the workshop. Current Filed bills

• SB 406 (Bradley) – Compassionate Use of Low – THC Cannabis and Marijuana • SB 614 (Brandes) – Medical Marijuana • SB 1666 (Braynon) – Medical Use of Marijuana • SB 1758 (Grimsley) – Medical Use of Marijuana • SB 1388 (Artiles) – Medical Cannabis

FAC Weekly Update on Amendment 2 Implementation The House offering of legislation to implement the medical marijuana amendment has been filed. HB 1397 (Rep. Rodrigues) preempts the regulation of cultivation, processing, and delivery to the state. The bill itself specifies that cultivation and processing facilities may not by located within 500 feet of schools. However, The bill allows cities and counties to determine the location, number, as well as other criteria for retail dispensaries; however, dispensaries cannot be located within 500 feet of schools unless the local government approves the location per s. 125.66(4).

Additionally, the bill provides that a county or city ordinance regulating location of retail dispensaries may not be less restrictive than the county or city ordinance regulating the location of entities that sell alcoholic beverages. Furthermore, an additional senate bill has been filed related to medical marijuana. SB 1758 (Sen. Grimsley) contains similar language to SB 406 (Sen. Bradley) in that it uses the framework provided by existing law regarding local authority to regulate dispensing organizations; specifically, it preempts regulation of cultivation and processing to the state, but would allow counties and cities to regulate the location, number, and other criteria for the retail dispensing facilities. SB 1758 also maintains the existing vertical integration requirement for cultivators, processors, and dispensers. The bill also specifically states that counties and cities may not ban dispensing facilities within their boundaries, or adopt ordinances that have the effect of banning the facilities. Finally, Sen. Braynon and Sen. Artiles have filed SB 1666 and SB 1388 as their offerings into the policy debate on the implementation of medical marijuana. These bills are still being reviewed by FAC staff for the appropriate analysis. ENVIRONMENTAL PRESERVATION AND CONSERVATION SUPPORT Beaches and Inlets – SB 1590 (Latvala) / HB 1213 (Peters) Senator Jack Latvala filed SB 1590 and Rep. Kathleen Peters filed HB 1213 “The Beach Renourishment Bill,” which were both heard in their respective chambers during Week 3 of session. The bills seek to allocate dedicated funding to beach nourishment and inlet management projets from the Land Acquisition Trust Fund (LATF). They were both passed unanimously out of their first committees. The bills will be heard again during Week 4. Martin County legislative affairs and Chairman Doug Smith were in both committees to support the bills. SUPPORT Water Resources - SB 10 (Bradley)/HB 761 (Altman) A strike-all amendment adopted in Senate Environment and Natural Resources Appropriations significantly expanded the scope of SB 10 (Sen. Bradley) to create the “Coast-to-Coast Comprehensive Water Resources Program.” The amended version encompasses a $3.3 billion bonding program to fund water projects across the state. SB 10 was heard and passed by the Appropriations Subcommittee on the Environment and Natural Resources on 3/8/17 and is now in full Senate Appropriations. SB 10 has passed its first two committees and is now in full Senate Appropriations. **The bill has yet to be heard in the House. SUPPORT Coral Reefs – HB 1143 (Jacobs) / SB 1624 (Farmer) Establishes Southeast Florida Coral Reef Ecosystem Conservation Area A delete-everthing was filed by the bill sponsor to create the Southeast Florida Coral Reef Ecosystem Conservation Aea, and the House Bill was passed out of the Natural Resources & Public Lands Subcommittee on 03/20/17 unanimously. The Senate Bill will be heard during Week 4 in the Environmental, Preservation & Conservation Committee.

Similarly, the Appropriations bill that corresponds with the Southeast Florida Coral Reef Ecosystem Conservation Area was heard and passed unanimously in the Natural Resources and Agriculture Appropriations Subcommittee. Martin County legislative affairs was in both committees to support the bills. SUPPORT Fracking Ban – SB 442 (Young) / HB 451 (Miller) Prohibiting the performance of advanced well stimulation treatments; clarifying that permits for drilling or operating a well do not authorize the performance of advanced well stimulation treatments **Martin County BCC Legislative Affairs SUPPORTED this bill in the Senate Environmental Preservation Conservation committee on March 7, and the bill passed unanimously, it is now in the Appropriations Subcommittee on Environment and Natural Resources. Additional Environemental Policy Proposals of Note

• SB 1748 (Stewart)/HB 285 (Fine) – Septic Tank Inspections SUPPORT • SB 874 (Young)/HB 551 (Stone) – Septic Tank Remediation Plans SUPPORT • SB 1738 (Perry)/HB 715 (Clemons) – Stormwater Management SUPPORT • SB 532 (Galvano)/HB 1065 (Peters) – Public Notice of Pollution SUPPORT • SB 1438 (Broxson)/HB 755 (Albritton) – Aquifer Replenishment SUPPORT

Articles of Note: Negron to visit town that opposes lake reservoir SAVING THE LAGOON - "State funding puts Indian River Lagoon on the map," Addressing septic tank pollution can be controversial Corps backs off on earlier support of speeding up Everglades reservoir U.S. Sugar Says It Will Honor Land Contract Everglades reservoir bill raises concerns about fate of state land-buying program

Addressing septic tank pollution can be controversial

ETHICS AND ELECTIONS SUPPORT Public Records - SB 80 (Steube) The bill would allow judicial discretion when determining whether to award attorney’s fees to a requestor in a public records lawsuit. Currently the law provides that fees “shall” be awarded, this bill would say that fees “may” be awarded. **The bill was heard in the Senate Community Affairs Committee meeting on 3/6/17 and it was amended to add criteria for judges to use when determining whether to award attorney’s fees and to allow for agencies to recover fees for frivolously filed suits. The bill as amended passed. ** SB 80 (Sen. Stuebe) was passed in its 2nd hearing on 3/14/17 during the Senate Judiciary Committee meeting. FAC supports this legislation. MONITOR Local Government Ethics Reform - HB 7021 (Metz) – The proposed bill language would establish a statewide local lobbyist registration system. Additionally, the proposed bill language would propose further restrictions upon local public officials when conflicts of interest arise. **The bill was heard in the House Appropriations Committee meeting on 3/8/17 and it was passed unanimously. FAC is neutral on the legislation.

OPPOSE Local Referenda – SB 278 (Steube)/HB 139 (Ingoglia) This bill requires local government discretionary sales surtax referenda to be held on the date of a general election and be approved by majority of the voters. Please let me know if this is something based on our policy statements that we would oppose. It would take the local ability away from the county from holding an election regarding discretionary surtaxes on any date other than a general election. There is a more problematic “comparison" bill that exists proposed by Rep Caldwell. That is House Bill 7073 that the Florida Association of Counties strongly opposes. Among various provisions, the bill provides for Local governments, except schools, can’t adopt over millage rolled-back rate unless they spend down “excess unencumbered fund balances” in special funds below 10%. In effect, this prohibits property tax increases unless excess fund balances are spent down. Prohibits cities and counties (exempts schools) from enacting, extending or increasing local option taxes other than property taxes, if they had adopted a millage rate in excess of the rolled-back rate (with certain specified exceptions) in any of the three previous years. Requires any local option or property tax (including special districts) that require voter approval to be on a general election ballot with a 60% threshold for passage. For example- CST, local business tax, local option surtaxes, TDT, public service tax, gas taxes. Requires voter approval for any new tax-supported debt (beyond 5 years) and must be on a general election ballot with a 60% threshold for passage. Except, in an emergency (defined by ch. 252 --Emergency Management) the governing board, by a 4/5 vote, can authorize a vote at an election other than the general election, while still requiring 60% voter approval with the proceeds only being used for said emergency. **The bill limits flexibility of the elected officials to make decisions that they believe to be in the best interest of their residents. Additionally, combining a referendum for a special infrastructure sales tax gives it less attention as sometimes during a general election. This bill passed the Ethics and Elections committee on 3/22 and is now in the Community Affairs Committee GROWTH MANAGEMENT AND TRANSPORTATION SUPPORT The Florida High-Speed Passenger Rail Safety Act – SB 386 (Mayfield) / HB 269 (Magar) House Bill 269 by Rep Magar will be heard in the Transportation & Infrastructure Subcommittee on Tuesday, March 28 at 8 a.m. Articles of Note: How a fence could derail a new Miami-Orlando train Lawmakers' high-speed rail proposal off track | Editorial Debbie Mayfield's High-Speed-Rail Bill Passed by Florida Senate Committee Proposed All Aboard Florida Regulations: Driven by Safety Concerns or Politics? Effort to help regulate high speed rail isn't playing politics | Opinion OPPOSE Utilities (Cell Towers) – SB 596 (Hutson)/HB 687 (La Rosa) The bill, among other technical provisions, prohibits DOT & local governmental entities from regulating/prohibiting collocation of small wireless facilities in public rights-of-way. SB  596  will  be  heard  week  4  of  session  and  is  still  moving.  MC  has  moratorium  prohibiting  FDOT  and  local  entities  from  prohibiting,  regulating  or  charging  for  the  collocation  of  small  wireless  facilities  in  the  public  right-­‐of-­‐way  except  pursuant  to  certain  requirements  

MONITOR Transportation Network Companies (Uber) -- SB 340 (Brandes)/HB 221 (Sprowls) The bill provides for the preemption of the regulation of transportation network companies to the State. HB 221 has passed all of its house committees and has placed on the House calendar and awaiting scheduling for 2nd and 3rd reading. OPPOSE SB 534 (Perry)/HB 599 (Williamson) – Public Works Projects The bill prohibits the state and political subdivisions that contract for public works projects from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers; it also prohibits the state and political subdivisions from restricting qualified bidders from submitting bids or being awarded contracts. SB 534 was heard in the Senate Government Oversight Committee meeting on 3/22 and it was passedon a party-line vote after being amended to only apply to local projects where at least 50% of the funding was provided by state monies. The bill was amended and passed with an additional Committee Substitute. FAC opposes this legislation. The House Bill was temporarily postponed in the Government Accountability Committee on 3/22. It passed originally during Week 2 of session after being amended to only apply to local projects where at least 50% of the funding was provided by state monies. FAC still opposes this legislation. OPPOSE Community Redevelopment Agencies - HB 13 (Raburn) HB 13 creates new reporting requirements for existing CRAs, requires CRA commissioners to complete ethics training, and changes criteria for use of redevelopment trust fund proceeds. Additionally, the bill lays out a process for phasing out existing CRAs over the next two decades and prohibits existing CRAs from initiating new projects or issuing new debt after October 1, 2017. The bill would also prohibit the creation of any new CRAs after July 1, 2017. SB 1770 contains similar language with regard to the new CRA requirements and process for terminating CRAs over the next twenty years, but differs from HB 13 in that it would allow a city or county to create a new CRA after July 1, 2017 by a majority vote of the board. HB 13 was heard in the Local, Federal and Veteran Affairs Subcommittee meeting on 3/8/17 and it was passed. SB 1770 was temporarily postponed in the Senate Committee on Community Affairs on Wednesday, March 22 and the committee is not meeting during Week 4. Articles of Note: Florida Legislature bill on CRAs worries, divides city officials Martin County, Stuart could lose millions if state bills are passed