Legislative Update – February 17 2017
Florida Constitution Revision Commission (CRC): This commission meets every 20 years to examine the state constitution, hold public hearings throughout the state and recommend changes to be placed the ballot. Any amendments proposed by this body are automatically placed on the next General Election ballot. The CRC is composed of the Attorney General, 15 members selected by the Governor, 9 members selected by the Speaker of the House of Representatives, 9 members selected by the President of the Senate, and 3 members selected by the Chief Justice of the Supreme Court. Appointments are underway as the CRC must be formally established with 30 days of the convening of the 2017 session. More information about the CRC can be found here.
Bill Tracking: The latest bill tracking report, as of February 17, can be viewed here. Of note, the following bill filings or actions have taken place since the last report.
HB 17 – Relating to Local Regulation Preemption (Representative Fine): This bill would prohibit local governments from adopting or imposing a new regulation on a business, profession and occupation after January 1, 2017 unless the new regulation is expressly authorized by general law. Regulations adopted before this date would expire on January 1, 2020. Regulations that are adopted pursuant to general law authorization could not be modified in the future to impose any additional regulations. The bill will be heard in the House Careers & Competition Subcommittee, the first of two committees of reference, on February 22. A companion bill has not yet been filed in the Senate.
HB 221 – Relating to Transportation Network Companies (Representative Sprowls): This bill creates a regulatory framework for transportation network companies defined as an entity that uses a digital network to connect a rider to a driver who provides prearranged rides. It preempts to the state the regulation of TNCs. Specifically, a county, municipality, special district, airport authority, port authority, or other local governmental entity or subdivision may not:
- Impose a tax on or require a license for a TNC, TNC driver, or TNC vehicle if such tax or license relates to providing prearranged rides or subjects a TNC, TNC driver, or TNC vehicle to any rate, entry, operation, or other requirement of the county, municipality, special district, airport authority, port authority, or other local governmental entity or subdivision; or
- Require a TNC or TNC driver to obtain a business license or any other type of similar authorization to operate within the local governmental entity’s jurisdiction.
The bill was moved favorably by the House Transportation & Infrastructure Subcommittee on February 8. It will be heard by the House Government Accountability Committee, its last committee of reference, on February 21. SB 340 (Senator Brandes), a similar bill, has been referred to three committees.
HB 321 – Relating to Percentage of Elector Votes Required to Approve Constitutional Amendment or Revision (Representative Roth): This bill proposes an amendment to the constitution to increase the percentage of elector votes required to approve an amendment or revision to the state constitution from 60 percent to 66 & 2/3 percent. It will be heard by the House Oversight, Transparency & Administration Subcommittee on February 23. An identical bill, SB 866 (Senator Baxley) was filed on February 10.
SB 914 – Relating to Public Meetings (Senator Baxley): This bill, filed on February 13, specifies conditions under which members of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision may participate in fact-finding exercises, exercises or meetings with a member of the Legislature:
- The board or commission provides reasonable notice;
- A vote, an official act, or an agreement regarding an action at a future meeting does not occur;
- A discussion of public business does not occur; and
- Appropriate records, minutes, audio recordings, or video recordings are mad and retained as a public record
SB 940 – Relating to Growth Management (Senator Perry): This bill, filed on February 15, would require local governments to include a private property rights element in the local comprehensive plan and requires that land development regulations consistent with this element be subsequently adopted. The bill lays out goals, objectives and policies that, if adopted in substantial form by the local government in its element, will result in the state land planning agency approving the element. Senator Perry filed similar bills in 2015 and 2016 when he was serving in the House, both of which died in the House Economic Development and Tourism Subcommittee, their first committee of reference.
HB 7005 – Relating to Economic Programs (House Careers & Competition Subcommittee): This bill would transfer all duties relating to programs in Enterprise Florida and the Florida Tourism Industry Marketing Corporation (VISIT Florida) to the Department of Economic Opportunity. It also eliminates a number of other tax credit and economic development programs. It will be heard by the House Appropriations Committee, its only committee of reference on February 21.
If you have any questions about a bill or would like one added to the tracking report, please contact the Chapter Office at email@example.com or 850-201-3272.