Kathy Till for Apopka City Commissioner

Key Legislative Issues:

Each year our state legislators work on a variety of issues that impact the citizens of Florida AND the citizens of the city of Apopka. As citizens of this community it is important that you are informed about this legislation. This section of this web site has been dedicated to keeping you…the voter and citizen informed of legislation that can affect your quality of life.
Below is a list of some of the major legislation that was passed during the 2009 Legislative Session affecting your local government. For further information on any bill or to read the bill in its entirety, follow these instructions below.

Q & A with The
Commissioner

Do you have a question or concern you'd like me to address? Send me an email and we'll post your question and the answer right here on the web site! Email me at: kathy@kathytillforapopka.com

 

Quick Links

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To read about a House or Senate Bill or Joint Resolution:

  1. Click on the following link: http://www.myfloridahouse.gov/. (This will take you to the home page of the Florida House of Representatives.
  2. Click on the tab for “Bills”. You will be taken to the Bill Finder page of the web site.
  3. Select either House or Senate or Both.
  4. Select the session from the drop down menu
  5. Enter the bill number as displayed below. You will be taken to the title of that bill.
  6. Click on the bill title. You will be taken to the bill page which details its history, including the original version, revised versions, committees it passed through, etc. 
  7. To view the final version, click on the “enrolled” link. A PDF version of the complete, final bill will be opened for viewing.

If you would like to discuss how these bills affect your city, I encourage you to contact me via email at: kathyspud@aol.com or via phone at: 407-484-3597. Remember…if it affects your city, IT AFFECTS YOU!
Expedited Permitting Process for Economic Development Projects
HB 73 (Schenck) requires the Department of Environmental Protection (DEP) and the water management districts to adopt programs that create a 45-day expedited permitting process for businesses identified by a municipality or county as a target industry business. The programs are limited to wetland resource and environmental resource permits and require a mandatory pre-application review process to reduce permitting conflicts. Effective July 1, 2009. (Carper)    TOP ^ ^

Impact Fees Burden of Proof

CS/CS/HB 227 (Aubuchon) places the burden of proof on the local government in an impact fee challenge and changes the standard of review to the preponderance of the evidence. The bill also removes any deference to the local government’s decision. Effective July 1, 2009. (Stanfield)    TOP ^ ^

Public Construction

CS/CS/HB 611 (Hukill) addresses the public construction and bidding process. The bill requires local governments to competitively bid any project to construct or improve any public building or project in excess of $300,000 (the current threshold is set at $200,000) and for electrical work the threshold is $75,000 (currently the electrical work threshold is $50,000). The bill changes the cost index multiplier from CPI to a construction cost index. The words “maintenance” and “repair” are specifically defined to limit the types of projects that can be undertaken by a local government outside the bidding procedures. For maintenance or repair projects that include extensions, additions or upgrades within a set cap and for which the local government will utilize its own equipment and employees, the local government must develop a breakdown of the estimated costs of the project including employee compensation and benefits, equipment costs, insurance costs, etc. The bill also provides that if a local government wants to perform a public project using its own employees and equipment, the local government must make its estimated costs available to the public and then hold a public hearing in which qualified bidders are provided an opportunity to present evidence regarding the accuracy of the cost estimate prepared by the local government. Airports, ports and public transit systems owned by local government entities are exempt from the provisions of the bill. Effective October 1, 2009. (Conn and Dudley)    TOP ^ ^

Traffic Accident Response Fees

CS/SB 2282 (Bennett) prohibits cities and counties from charging accident response fees for the provision of law enforcement, fire, or other emergency responders. The bill exempts charges for ambulance services. Effective July 1, 2009. (Conn)    TOP ^ ^

Growth Management/Affordable Housing

CS/CS/SB 360 (Bennett) defines certain areas of the state as "Dense Urban Land Areas" and designates such areas as automatic Transportation Concurrency Exception Areas (TCEAs). In addition, it specifies that large scale developments within such areas are exempt from "Development of Regional Impact" review. The bill allows all other cities and counties to "opt in" specified portions of their jurisdictions to the TCEA and DRI-exemption. Within 2 years, cities and counties must develop strategies to support and fund mobility within TCEAs. In addition, the bill extends the deadline for cities and counties to comply with statutory financial feasibility requirements to December 2011. It requires the intergovernmental coordination element of local government comprehensive plans to provide for mandatory dispute resolution of intergovernmental disputes. It requires a local government to issue "contingent" zoning approval concurrent with the transmittal of a plan amendment, if requested by an applicant. It requires an automatic 2-year extension of any local or state permit or development order expiring between September 2008 and January 2012. It prohibits local governments from adopting or maintaining in effect an ordinance that establishes standards for security cameras at businesses. It requires state agencies to develop and report on a "mobility fee" as a means to replace transportation concurrency. The substance of CS/CS/HB 161 (Aubuchon), addressing affordable housing, was amended onto CS/CS/SB 360. The bills provides for numerous changes to affordable housing statutes, including a provision that redefines the term “infrastructure” to allow the proceeds of a local government infrastructure surtax to be used to purchase land for the construction of affordable housing. It implements a portion of the League’s affordable housing legislative priority authorizing the use of Sadowski Trust Funds for manufactured housing; however, it does not repeal the cap on the Sadowski Trust Fund distribution. Effective upon becoming law. (O’Hara/Carper)    TOP ^ ^

Non Homestead Cap and First Time Homebuyers Exemption

CS/SJR 532 (Lynn) provide first time home buyers a property tax exemption. CS/CS/HJR 97 provides an exemption equal to 25% of the property’s just value in the first year and reduced by 20% each succeeding year. CS/SJR 532 provides a first time homebuyer an exemption of 25% of the just value of the property in the first year and reduces that exemption by 20% each year thereafter. CS/SJR 532 also provides a constitutional amendment that would limit the assessment growth on commercial and residential rental property to the higher of 5% annually or the average annual percentage growth in revenues derived from the property over the previous 3 years. Multiple effective dates. (Stanfield)    TOP ^ ^

FDOT Transportation Package

HB 1021 (Aubuchon) addresses numerous issues relating to the Department of Transportation. CS/HB 1021 includes language creating a process for local governments to provide input to the Department of Transportation relating to projects being considered for deletion or deferral from the 5-Year Work Plan. The bill also requires local governments to amend their comprehensive plans to address airport land use compatibility by June 2012. The bill exempts from the Development of Regional Impact (DRI) process any port-related industrial or commercial project or facility located within 3 miles of (or in) a port master plan area which rely upon the utilization of port and intermodal transportation facilities. Current law relating to transportation concurrency backlog authorities (authorities) is amended to authorize the issuance of bonds and extend the lifespan of the debt the authorities incur for up to forty years as well as increase the amount of ad valorem tax increment the authorities are authorized to collect. The bills also include language revising provisions relating to outdoor advertising; the placement of public pay phones containing advertising signs on public rights of way; the "logo sign" program for the interstate highway system; and the allocation of costs relating to the relocation of utility facilities. Effective upon becoming law. (Dudley)    TOP ^ ^
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