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Weekly Legislative Update from May 1, 2015

Sine Die

With this being the last week of regular session everyone has realized, by now, that this has been a session that will go down in Florida history. On Tuesday, April 28th, the Florida House decided to Sine Die without the Florida Senate, and three days before the scheduled end of session. This decision was made by House Speaker Steve Crisafulli over a $4 billion impasse in the budget for the 2015-2015 fiscal year. As of now no dates have been decided; however there will absolutely be a Special Legislative Session for the House and the Senate to resolve this budget conflict. AIF will be keeping all of our members informed with what is to come of the special session, but in the mean time here is what the legislature was able to accomplish in the last week of regular session.

Watch Speaker Crisafulli Sine Die Speech
Environment & Agriculture

HB 7003- Relating to Water Resources
On Wednesday, April 29th, HB 7003, by Rep. Matt Caldwell (R- Leigh Acres) was heard on the Senate floor and substituted for its senate companion bill SB 918. After this action, amendments were adopted by the Senate, and a vote was taken passing HB 7003 through the Senate floor with 39 yeas and 1 nay.

The Department of Environmental Protection projects a water shortage of 1.3 billion gallons of water per day by 2030. This bill comprehensively addresses this shortage and other water issues in our state. Some key components of the bill include the Springs Protection Program, the Central Florida Water Initiative, the Central and Southern Florida Project, and the Northern Everglades project. One major goal of this bill is to create an interagency agreement to develop and implement a uniform water management system, regarding water supply planning, consumptive water use permitting, and resource protection programs.

Since amendments were made by the Senate to HB 7003, this bill is required to go back to the House chamber for consideration. As the House will not reconvene before the end of session, May 1st, HB 7003 is dead and will not move any further in the process.

AIF supports efforts to address Florida’s major water challenges by developing legislation that address a series of critical issues.

HB 569- Relating to Agritourism
As of Friday, May 1st, the last action made on HB 569, relating to Agritourism, by by Rep. Neil Combee (R-Auburndale) was its passage through the House floor with 112 yeas and 0 nays.
This bill addresses local government regulation of “agritourism” activities, and would remove the ability of local governments to regulate these activities.

Unfortunately this bill was never heard on the Senate floor, and will therefore not move on in the process.

SB 594- Relating to Agritourism
As of Friday, May 1st, SB 594, relating to Agritourism, by Senator Kelli Stargel (R-Lakeland) has also not been heard on the Senate floor and been retained on the calendar.

This bill addresses local government regulation of “agritourism” activities, and would remove the ability of local governments to regulate these activities.

SB 594, the senate companion bill to HB 569, was “temporarily postponed” and will not move forward in the process for the 2015 legislative session.

AIF supports any legislation that allows Florida farmers to safely expand their businesses through the use of Agritourism.

Property Rights

HB 383- Relating to Private Property Rights
On Monday, April 27th, HB 383, relating to Private Property Rights, by Rep. Katie Edwards (D-Sunrise) was heard on the Senate floor and substituted for its senate companion bill SB 284. After this action, HB 383 was read for a third time and then passed through the Senate floor with 36 yeas and 1 nay.

The US Supreme Court has ruled that a government entity cannot demand that a property owner surrender property in order to receive land use permits unless there is a nexus between the government's demand on the landowner and the effect of the proposed land use. This legislation gives landowners the right to sue government entities for damages where local and state governmental entities impose conditions that rise to the level of unconstitutional exactions.  

The bill also amends the Bert J. Harris, Jr., Private Property Rights Protection Act to provide that the safe harbor provisions for settlement agreements between a property owner and governmental entity apply regardless of when the settlement agreement was entered so long as it fully resolves all claims.

HB 383 remains alive and will now head to the desk of Governor Rick Scott to be signed into law.

AIF supports this measure to protect the interests of Florida property owners.

Energy

HB 1205- Relating to the Regulation of Oil and Gas Resources
On Monday, April 27th, HB 1205, relating to the Regulation of Oil and Gas Resources, by Rep. Ray Rodrigues (R-Fort Myers) passed through the House floor with 82 yeas and 34 nays and was then sent to the Senate floor for a vote.

This bill makes many revisions to the Oil and Gas Program to make this program safer and more effective for all involved. The Department of Environmental Protection’s (DEP) Mining and Minerals Regulation Program in the Division of Water Resource Management (Division) oversees permitting for oil and gas drilling, production, and exploration within Florida through its Oil and Gas Program (Program). The Program’s primary responsibilities include conservation of oil and gas resources, correlative rights protection, maintenance of health and human safety, and environmental protection.

On Tuesday, April 28th, HB 1205 was read on the Senate floor and subsequently substituted for the Senate companion bill SB 1468. The bill sponsor “temporarily postponed” the bill, ending its chance for enactment in the 2015 legislative session.

AIF supports the need to maintain appropriate permitting laws to protect the environment, to enhance efficiency between industry and the state, and to ensure appropriate standards are clearly communicated.

Transportation

HB 817- Relating to Transportation Network Companies
On Tuesday, April 28th, HB 817, relating to Transportation Network Companies, by Rep. Matthew Gaetz (R-Shalimar) died on the House floor, due to the House deciding to Sine Die 3 days before session was scheduled to end.

This bill would have prompted the state to create a regulatory framework for the operation of Transportation Network Companies (TCN) instead of regulations being created at the local level. Two huge safety requirements this bill would have enacted are, TCN drivers to have ample insurance coverage for both the driver and passengers, as well as the drivers being cleared through a background check.

HB 817 has been “temporarily postponed” will not move forward in the process for the 2015 legislative session.

AIF supports statewide digital transportation service policies to create price competition, promote consumer choice, enhance customer experience, create jobs and remove anti-competitive local regulations.