Leary Governmental Affairs Consultants, Inc.
Philip L. Leary, AICP
FAPG 2013 Legislative Summary
The 2013 Legislative Session ended on Friday May 3rd, after the Legislature passed a $74.5 billion dollar balanced budget for the 2013-2014 Fiscal Year with strong bi-partisan support. This budget focused on funding key priorities of the Governor, Speaker of the House and Senate President, including an additional $1.5 billion in K-12 education funding, No new taxes or fees, and ensuring a fiscally responsible $2.8 billion in reserves. The Petroleum Tank Cleanup Program received a $125 million allocation and Dry Cleaning Site Cleanup was allocated $5.5 million.
FAPG’s priority legislation SB 286 (HB 575) passed out of both Chambers and was signed into law by Governor Scott.
General Design Professionals
SB 286/HB575 by Sen. Joe Negron (R-Palm City) and by Rep. Kathleen Passidomo (R-Napels)
The bill was signed by the Governor last Thursday and is now Chapter 2013-028 Laws of Florida.
The Bill bills provides that certain contracts executed by a business entity may specify that Design Professionals (Geologists) may not be held individually liable for negligence in the performance of professional services under those contracts and adds PG’s to the statutory definition of a design professional.
Environmental Permit Streamling – FGWA Priority Legislation
HB 999 by Rep Jimmy Patronis (R-Panama City) SB 1684 by Sen. Thad Altman (R-Melbourne) The House bill passed both the Senate and House on the last day of session and has been sent to the Governor for his signature. Please call e-mail the Governor at [email protected] and ask him to sign HB 999.
The Bill limits well construction permitting to the WMD’s, DEP and only delegated local governments. It also preempts any requirement for water well contractor’s license by any governmental entity except WMD’s. It amends & revises numerous provisions relating to permit applications, well permits, exemptions from permits, fees & related environmental requirements, regional water supply planning, water quality testing, sampling collection & analysis.
Petroleum Tank Contamination Sites
Proviso language in SB 1500 (General Appropriations Act) the Budget and implementing bills requires that all work in the program be competitively bid, and that DEP adopts an administrative rule to initiate the process. I will be writing a separate analysis on this issue once the DEP has released a scope-of-work on implementation.
Water Management Districts
SB244 by Sen. Charlie Dean (R- Inverness) and HB 7 by Rep. Elizabeth Porter (R – Lake City) Provides for the adoption of certain reservations and minimum flows and levels by the Department of Environmental Protection, requiringWMD’s to apply, without adopting by rule, the reservations, minimum flows and levels, and recovery and preventive strategies adopted by the Department, requiring a regional water authority and applicableWMD to jointly develop the water supply component of the regional water supply plan. SB 244 has passed the Senate and House has been sent to the Governor for signing.
SB 948 (HB 1063) Water Supply
This Legislation gives the Florida Department of Agriculture and Consumer Services (FDACS) direct input during the water supply planning process also passed the legislature on Wednesday. SB 948 unanimously passed the House, sending the bill to the Governor’s desk to be signed into law. This bill also allows FDACS to collaborate with federal agencies and universities to provide estimates of agricultural acreage and crop water use, putting agriculture on a level playing field with municipalities and utilities in the planning process.
Bills signed into Law by the Governor
HB 109 (SB 364) Consumptive Use Water Permits, passed both chambers and is awaiting signature by the Governor. This bill allows for the availability of an extended consumptive use permit that coincides with the duration of bonds issued for alternative water supply projects. By decreasing the financial uncertainty associated with these permits, bonds for alternative water supply projects should enjoy decreased interest rates which will reduce costs for the consumer. This bill is supported by both the environmental communityAND the business community.
HB 639 (SB 1086) Reclaimed Water- Increases regulatory predictability and protects the enormous investment by local governments and utilities in reclaimed water distribution systems. By incentivizing increased investment in reclaimed water systems, we can further protect our valuable groundwater and surface water resources.
It is an honor to represent FAPG and our great members inTallahassee, and please do not hesitate to contact me with any questions or concerns you may have.
