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2017 Florida Legislative Session

April 10, 2017

The fifth week of the 2017 Regular Legislative Session has concluded.

We will provide periodic updates as the Legislative Session continues, and for any relevant legislation, the full text of each bill and any amendments can be found on the legislative web sites. (http://www.flsenate.gov; http://www.myfloridahouse.com; and http://www.leg.state.fl.us.) Updates from the last report are in bold text.

Water and Natural Resources

Negron Land Purchase Plan: SB 10 by Senator Bradley was significantly amended this week. The House is more amenable to the idea after the overhaul, but the proposal to borrow $1.2 billion to build the reservoir is a problem for the Speaker. In its current form the bill does the following:

  • Requires the SFWMD to develop a plan to provide a minimum of 240,000 acre-feet of storage through a deep storage reservoir and water quality treatment features, using the A-2 parcel, land swaps, and purchases. The district may consider alternate configurations using the A-1 parcel if a minimum of 360,000 acre-feet of additional storage can be achieved (60,000 acre-feet currently provided by A-1 FEB).
  • Requires the SFWMD to use DMSTA2 modeling to determine the amount of acreage needed in order to meet water quality standards.
  • Directs the SFWMD to negotiate modifications of lease terms on state and district owned lands to make land available for the reservoir project.
  • Directs SFWMD to negotiate for the acquisition of privately owned property if needed for the reservoir project through purchase or land swap.
  • The bill terminates the current PRIDE work programs on state owned land using inmate labor for agricultural work in light of the high unemployment rate in the EAA for these types of jobs. This land would then be available to swap for any privately owned land needed for the reservoir project further minimizing any impact on agricultural workers in the EAA.
  • Establishes a number of timelines for achieving milestones for approval of the post-authorization change report and requires reporting to the Legislature.
  • Moves up the date for the EAA reservoir project planning study to commence if Congressional approval of the post-authorization change report has not occurred.
  • Clarifies that ongoing Comprehensive Everglades Restoration Plan (CERP) projects will continue to receive funding.
  • Authorizes the district to begin planning and discussion with the owners of the C-51 Reservoir project to determine if the state should acquire or enter into a public private partnership for this water storage facility that will add approximately 60,000 acre feet of storage south of the Lake.
  • Establishes the Everglades Restoration Agricultural Community Training Program in DEO for the purpose of stimulating and supporting training and employment programs, to match state and local training programs with identified job skills associated with non-agricultural employment opportunities in areas of high agricultural unemployment. The bill expresses the Legislature’s intent to promote the implementation of the Airglades Airport in Hendry County and an inland port in Palm Beach County to create job opportunities in areas of high agricultural unemployment.
  • Establishes a revolving loan fund to provide funding assistance to local governments and water supply entities for the development and construction of water storage facilities.
  • Revises the uses of the Water Protection and Sustainability Program Trust Fund to include the water storage facility revolving loan program.
  • Provides funding for the reservoir projects, including an authorization to bond funds from the Land Acquisition Trust Fund (LATF). The total cost is reduced from $2.4 billion to approximately $1.5 billion, half of which could be paid by the federal government. The amendment includes an appropriation of $64 million from the LATF for the 2017-18 Fiscal Year.
  • Allows for funds not spent on the reservoir projects to be used for other Everglades Restoration projects as provided in Legacy Florida.

SB 10 has passed all committees and is on the Special Order Calendar for April 12. The House companion is HB 761 by Representative Altman. HB 761 has three committee references.

Land Acquisition Trust Fund: SB 982 by Senator Bradley establishes a $30 million annual appropriation for projects dedicated to the restoration of the Indian River Lagoon System. The money will be distributed evenly to the St. Johns Water Management District and the South Florida Water Management District. It has passed its first committee. The House companion, HB 1033 by Representative Altman has been referred to three committees but has not been heard.

Land Acquisition Trust Fund: CS/SB 234 requires that the sum of $35 million be distributed from the Land Acquisition Trust Fund annually to the St. Johns River Water Management District for projects dedicated to the restoration of the St. Johns River and its tributaries or the Keystone Heights Lake Region. It has passed all committees and is on the Special Order Calendar for April 12. The House companion is HB 847 by Representative Payne, which has not yet been heard.

Aquifer Replenishment: HB 755 by Representative Albritton requires additional permit conditions for certain projects involving underground injection and authorizes DEP to develop specific rule criteria for advanced water treatment and to establish additional conditions for construction of advanced water treatment facilities and underground injection. It has passed its first committee. The Senate companion is SB 1438 by Senator Broxson, which has passed its first committee.

Public Notification of Pollution: Senator Galvano has filed legislation, SB 532 requiring reporting and public notice of pollution spills. Following on the heels of a sinkhole in a Mosaic settling pond and sewage spills in Pinellas County, the Governor had directed an emergency rule on public notification. The more permanent rule proposed by DEP was invalidated and the legislation is to direct further permittee and agency action in the event of a spill. Unlike the invalidated rule, the legislation keeps the public notification through the press a function of the agency. It will require agency rulemaking. It has passed all committees and is on the Special Order Calendar for April 13. Representative Peters has filed the companion bill, HB 1065, which has not been heard.

Water Planning: HB 413 by Representative Antone creates the Water Oversight & Planning Board to provide statewide oversight to water supply, water quality restoration, and protection of water and natural systems. The membership will consist of 15 members and the Board will have oversight of water supply planning; new potential sources of supply; and the identities of the largest consumers of water. The bill has received three committees of reference. The Senate companion is SB 1300 by Senator Gibson, which has not been heard.

Central and Southern Florida Project for Flood Control: SB 816 by Senator Simmons directs the South Florida Water Management District to take control of discharges of water from Lake Okeechobee and take a leadership role in the rehabilitation of the Herbert Hoover Dike. The bill also requires the district to set a goal of increasing lake storage up to a specified amount to reduce certain discharges and specifies that the state does not waive sovereign immunity for torts relating to the dike or project. The House companion is HB 1211 by Representative Roth. Neither bill has been heard.

Nutrient Pollution from Onsite Sewage Treatment and Disposal Systems: SB 874 by Senator Young requires the Department of Environmental Protection (DEP) to develop remediation plans for onsite sewage treatment and disposal systems as part of a basin management action plan in coordination with the Department of Health and relevant local governments and wastewater utilities if the DEP determines that remediation is necessary to achieve a total maximum daily load. The bill requires $20 million to be appropriated annually from the Land Acquisition Trust Fund. It has passed its first committee. The House companion, HB 551 by Representative Stone has not been heard.

Septic Tanks: HB 285 by Representative Fine was substantially amended to remove the requirement for a septic tank to be inspected before a sale of property if is located within an impaired waterway and its watershed. The current version requires the Department of Health to identify and report the location of all septic tanks in the state. The current bill also requires the seller of property to disclose to the purchaser either before or at the execution of the contract for sale the existence of a septic tank on the property. SB 1748 by Senator Stewart is the Senate companion. It has been referred to three committees but has not been scheduled for hearing. HB 285 has passed all committees.

Reclaimed Water: HB 1357 by Representative Ponder and SB 1686 by Senator Simmons are companion bills relating to reclaimed water. The legislation directs OPPAGA to prepare an analysis of water supply projects; authorizes water management districts to promulgate rules to provide incentives for reuse; requires plans to be developed to eliminate existing discharges into surface waters; and provides a new definition for “direct potable reuse” for human consumption. The legislation also requires that DEP complete a report on reuse by October 10, 2018 and directs that rulemaking begin on July 1, 2019. HB 1357 has three committee references. It was scheduled to be heard in its first committee but was temporarily postponed. SB 1686 was also temporarily postponed in its first committee.

Agricultural Operations

Verification of Employment Eligibility: HB 443 by Representative Gruters requires employers to use the E-Verify system to verify employment eligibility. The bill prohibits an employer from knowingly or intentionally employing an unauthorized alien and provides for suspension or loss of business licensure for noncompliance. The bill tasks the Department of Business and Professional Regulation with enforcement, including an online system for filing complaints. It has been referred to three committees and currently has no Senate companion.

Low-Voltage Electric Fences: SB 190 by Senator Artiles provides requirements for a low-voltage electric fence to be permitted as a low-voltage alarm system project. The bill has passed its first of three committees. The House companion, HB 241 by Representative Williamson, also has three committees of reference. The Senate bill has passed two of three committees. The House bill has passed the full House and is in Senate messages.

Dogs in Vehicles: SB 320 by Senator Steube requires a person transporting a dog in the open bed of a pickup truck or an open area of any vehicle or trailer to keep the dog within certain secured containers or securely tether the dog. The bill also preempts to the state the regulation of the transportation of dogs in motor vehicles. It has been referred to three committees. The house companion, HB 627 by Representative Moskiwitz is in the same posture.

Fire Safety: HB 325 by Representative McClain provides that the installation and maintenance of an automatic fire sprinkler system is not required in certain nonresidential farm buildings. It has not been scheduled for hearing and there is currently no Senate companion.

Industrial Hemp: HB 1217 by Representative Massullo bill authorizes a state university with a departmental or generalization specialization in Florida agriculture to conduct an industrial hemp research project. The research project is required to include hemp cultivation projects that specifically address the potential impact hemp may have on other crops commercially grown in Florida, including the impacts of plant pests and diseases, and any related vectors, as well as research on the invasive nature of industrial hemp. The research project is required to take place over a minimum of 10 semiannual crop rotations or 5 years, whichever is longer. It has passed one of its three committees. The Senate companion, SB 1726 by Senator Montford, has three committees of reference and has passed its first committee.

Property Rights, Budget, and Taxes

The Senate and House are far apart on how much money they want to spend on water projects, land conservation and Everglades restoration. The Senate’s proposed environmental budget proposes $3.8 billion for environmental and agricultural agencies, compared to the House’s $3.4 billion. The Senate wants to set aside $22.6 million for land acquisition — mostly under the Florida Forever program — compared to the House’s $10 million.

Neither the Senate nor House budgeted to pay property owners not to develop their farms, ranches and other lands. The Rural and Family Lands Preservation Program, which received $35 million last year, ensures agricultural lands don’t get lost to urban sprawl without the state having to maintain them.

The Senate wants to boost Everglades restoration funding to $275 million versus $166 million from the House, although it’s unclear which projects each chamber included in that amount. Springs also would fare better under the Senate budget, which proposes $50 million. That’s $10 million more than the House. The Senate also allocated more to help local governments pay for water, wastewater and stormwater projects — almost $65 million versus $20 million from the House.

Agricultural Land Classification and Assessment: SB 86 by Senator Steube provides an exception from a requirement for lands to be classified as agricultural for taxation purposes and requires that land jointly used for commercial nonagricultural purposes and bona fide agricultural purposes directly related to apiculture be classified as agricultural. The bill has been referred to three committees but not yet scheduled for hearing. There is currently no House companion.

Sales Tax Exemptions for Agricultural Products: HB 765 by Representative McClain revises maximum sales prices of certain farm trailers exempt from the sales and use tax, and exempts certain animal health products and agricultural items from tax. It has been referred to three committees. It is related to SB 1536 by Senator Perry which has passed its first committee.

Agricultural Practices: HB 1231 by Representative Raburn exempts animal health products from sales tax and removes the the requirement for certain pesticide fees. It also provides that painted marks on trees identify posted land. The bill has passed two of three committees. It is similar to SB 1536 by Senator Perry, which has passed its first committee.

Rural Economic Development Initiative: SB 600 by Senator Grimsley requires an analysis of the Rural Economic Development Initiative and rural areas of opportunity; revises legislative intent relating to the Rural Economic Development Initiative; and revises the duties, responsibilities, and membership of the Rural Economic Development Initiative. It has been referred to three committees and has passed two. The House companion, HB 333 by Representative Clemons has three committees and has passed one. Related provisions also appear in the controversial House economic development reform package, HB 7005, which has passed the full House and is in Senate messages.

Farm Share Program: HB 2971 is an appropriations project request for $3 million to the Department of Agriculture and Consumer Services to fund a project to provide food free of charge to families, children, senior citizens, and individuals in need in an effort to fight hunger and poverty throughout the state of Florida. It has passed its first of two committees.

Marijuana

Compassionate Use of Low-THC Cannabis and Marijuana: SB 406 by Senator Bradley is the Senate vehicle for Amendment 2 implementation. It has passed its first committee. In its current form, the bill:

  • Establishes requirements that a physician must meet before certifying a patient;
  • Amends current criminal penalties to conform with other changes in the bill and establishing new criminal violations for patients and caregivers cultivating or purchasing marijuana from a source other than a medical marijuana treatment center (MMTC);
  • Establishes requirements for caregivers including limiting a patient to one caregiver and a caregiver to one patient with certain exceptions and requiring that caregivers pass a Level 2 background screening, with certain exceptions for a caregiver who is a close relative;
  • Requires the DOH to establish requirements for the licensure and certification of independent testing laboratories (ITL), a marijuana quality control program, and a seed-to-sale tracking program for marijuana;
  • Grandfathers in existing dispensing organizations as MMTCs, adding five MMTCs by October 3, 2017, and increasing the overall number of MMTCs that may be registered when certain numbers of patients are registered on the compassionate use registry; and
  • Requires MMTCs to maintain compliance with the representations made in their applications for registration and allowing the DOH to grant variances in certain circumstances.

The bill also creates the “Medical Marijuana Research and Education Act” and the Coalition for Medical Marijuana Research and Education within the H. Lee Moffitt Cancer Center and Research Institute, Inc.

Medical Use of Marijuana: HB 1397 by Representative Rodrigues creates a sales tax exemption for medical marijuana. It also provides implementing language for Amendment 2 and establishes medical marijuana testing laboratories. It includes an appropriation for $9,158,463. The bill has passed its first committee.

Medical Cannabis Research and Education: SB 1472 by Senator Galvano creates the “Medicinal Cannabis Research and Education Act” to establish the Coalition for Medicinal Cannabis Research and Education within the H. Lee Moffitt Cancer Center and Research Institute, Inc. It also establishes the Medicinal Cannabis Research and Education Board to direct the operations of the coalition and requires the board to advise specified entities and officials regarding medicinal cannabis research and education in the state. It has passed its first committee. Provisions from this bill have been amended onto SB 406. The House companion is HB 1177 by Representative Toledo. Both bills have three committee references.

Medical Marijuana Tax Projection: According to the Revenue Estimating Conference, there are currently 17,218 users allowed the current law. If DOH successfully finalizes the proposed rule without any changes by July 3, 2017, and begins issuing identification cards by October 3, 2017, an additional 88,687 users will come on the market gradually through June 2020. Under that scenario, sales totaling $44,068,238 are estimated for fiscal year 2017-18 resulting in sales tax collection of 2,521,956.

Department of Health Rulemaking: On January 17, DOH released the preliminary text of proposed rules for implementation of Amendment 2. The release comes ahead of five public hearings schedule for early next month, giving Floridians a chance to weigh in on the agency’s rules and regulations governing the state’s medical marijuana program. Under the proposed rule, only patients with one of 10 specific medical conditions, like HIV/AIDs or cancer, are eligible for medical marijuana. The rule does allow for further use, as long as the Florida Board of Medicine identifies which debilitating conditions it can be used for. The preliminary rule also states all medical marijuana treatment centers, which under new rules would be the same as a dispensing organization, must go through the same “approval and selection process” outlined in existing law. Those organizations are also “subject to the same limitations and operational requirements” currently outlined in state law.

Other Legislation of Interest

Division of Administrative Hearings: HB 1225 by Representative Fitzenhagen bill requires the director of DOAH to be a full-time ALJ employed by DOAH. The bill also removes the requirement for the director to be confirmed by the Senate.

The bill requires full-time ALJs to be appointed by the Governor from a list of three individuals nominated by a statewide nominating commission. It has passed two of three committees. The Senate companion, SB 1352 by Senator Young has passed its first committee.



Dean Mead’s Governmental Relations, Lobbying & Administrative Team:

Peter Dunbar’s practice focuses on governmental, administrative, and real property law. He began his long career in Florida government in 1967 as staff director in the Florida House of Representatives. Mr. Dunbar later served for five terms as a distinguished member of the Florida House representing Pinellas and Pasco counties in the Florida Legislature. Upon leaving the Legislature, he held the posts of General Counsel and Director of Legislative Affairs under Governor Bob Martinez and as General Counsel at the Department of Financial Services. Mr. Dunbar served as Chief of Staff during the transition from the Martinez administration to the administration of Governor Lawton Chiles, and he is former Chairman and two-term member of the Florida Ethics Commission. Mr. Dunbar was admitted to the Florida Bar in 1972. He is a member of the American College of Real Estate Lawyers, an adjunct professor at Florida State University College of Law, and has recently been selected by his peers as a member of Florida Trend’s Florida Legal Elite Hall of Fame. He may be reached at pdunbar@deanmead.com.

Martha Edenfield focuses her practice on governmental affairs, environmental land use and administrative law. Now in her 30th year of private law practice in Tallahassee, she has gained a wide variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet and state agencies. Ms. Edenfield utilizes her political leadership skills to advocate for her clients and coordinate a legislative team. Ms. Edenfield has extensive experience as legal and governmental counsel for agricultural trade groups, industrial associations, medical professionals and local governments. She may be reached at medenfield@deanmead.com.

Cari Roth has 30 years of public and private sector legal and legislative experience and is a recognized leader in government relations and environmental and land use law. Her legal and legislative practice focuses on state and local government issues, including land use, water and environmental law, growth management and infrastructure issues, and intergovernmental relations. She also has significant experience in special district law. Most recently, Ms. Roth served as chair of a statewide firm’s land use and government consulting practices. Prior to that, she worked for four years as General Counsel and Assistant Secretary of the Florida Department of Community Affairs in Tallahassee where she played a lead role in negotiating major growth management legislation. As General Counsel, she was involved in many inter-agency efforts, particularly those with the Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, Florida Department of Transportation and all the regional Water Management Districts. She may be reached at croth@deanmead.com.

John Wharton represents both public and private clients in cases from application creation to administrative litigation before state and federal agencies. He also practices general litigation in state and federal courts. Mr. Wharton has over 25 years of experience in Tallahassee practicing before and often litigating against numerous state agencies in the areas of water resource planning; permitting and regulation; mitigation banking; health care; utility law and utility regulation; professional regulation and environmental law. Mr. Wharton has represented clients before the Florida Public Service Commission, the Division of Administrative Hearings, the Department of Environmental Protection, the St. John’s River Water Management District, the Southwest Florida Water Management District, the South Florida Water Management District, the Agency for Health Care Administration, the Department of Financial Services, various boards within the Department of Professional Regulation, the Department of Health, the Florida Department of Lottery, and the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund, among others.  He may be reached at jwharton@deanmead.com.

Bill Townsend practices in the areas of state and local taxation and multi-state taxation. He has represented clients in various states on issues in administrative and judicial actions relating to sales, corporate income, business and organization taxes and telecommunications taxes, as well as state taxation of intellectual property, electronic commerce taxation (E-commerce) and unclaimed property (escheat) issues. Additionally, Mr. Townsend represents clients on legislative tax matters, including the taxation of computer services, corporate income tax issues and sales tax exemption matters. He has an extensive background in structuring business transactions to minimize state tax impacts. Mr. Townsend has also assisted representing new businesses and expanding businesses in dealing with Enterprise Florida and the Florida Department of Economic Opportunity. He has also represented clients in dealings with the Florida Department of Business and Professional Regulation on matters dealing with liquor and tobacco issues. He may be reached at btownsend@deanmead.com.

Brittany Finkbeiner focuses on Real Property and Administrative law. Prior to going into private practice, Ms. Finkbeiner served as a chief attorney for the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes. In addition, she’s worked at the Florida Department of Economic Opportunity, The Florida Senate Judiciary Committee and as a legislative aide for the Florida Senate. She may be reached at bfinkbeiner@deanmead.com.