Legislative Summary Report - 4/24/2006

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Bill# 259     Relating to Mark Wandall Traffic Safety Act                                        Sponsored by: Reagan

Description of Bill as Introduced:
Mark Wandall Traffic Safety Act; creates said act; provides for county  or municipality to enforce traffic control signal steady red light  indication using traffic control photographic system; provides system  capability, design, & implementation requirements; provides for citation  of motor vehicle owner; revises definition of term "habitual traffic  offender" to include certain number of violations of said signal steady  red light indication within certain timeframe, etc. Amends FS.  EFFECTIVE DATE: Upon becoming law.

Related Bills:
Identical
SB 2614 Relating to Mark Wandall Traffic Safety Act

Fiscal Impact:
none noted

Impact to SC Gov - Core Service Delivery
none noted



Bill# 273     Relating to Outdoor Advertising Signs                                           Sponsored by: Mayfield

Description of Bill as Introduced:
Outdoor Advertising Signs; revises provisions re proximity of vegetation  & beautification projects to outdoor advertising signs; specifies  distances that constitute view zone on State Highway System &  expressways for said signs; requires governmental entities & other  violators to pay for lost revenues or sign market values for violation  of view zone requirements; requires sign reconstruction to meet  requirements of Fla. Building Code, etc. Amends 479.106,.25.  EFFECTIVE  DATE: Upon becoming law.

Related Bills:
Similar
SB 0566 Relating to Outdoor Advertising Signs

Fiscal Impact:
none noted

Impact to SC Gov - Core Service Delivery
MB :
The Sarasota County Division of Urban Forestry opposes this bill.  Insofar as the current analysis distills the Bill's impact only from a fiscal and commercial perspective, it lacks the necessary scrutiny of the Bill based upon critical considerations of the public's safety, health and welfare.  The clear zones proposed by this bill would have a profound, potentially devastating impact on the State's tree canopy, and that of local governments and agencies.  The S.C. Division of Urban Forestry has a condensed statement of social, economic and environmental benefits that are uniquely provided by healthy canopoy; benefits that cannot be duplicated by any other process or, in the event any such process exists, duplication would be prohibitively expensive and compromise the financial security of communities.  The choice between economic duress and a stable and health-promoting environment is no choice at all.  Further, the population of the State of Florida is increasing at a rate more than double the national rate.  Our increase is 1st in the nation, followed by Arizona (whose rate is less than half that of Florida).  Current population is estimated at 17 million; experts extrapolate this trend to produce a population of 27 million by the year 2030.  The adverse impacts of this bill will only be exacerbated as population increases, and the stressors for canopy that can provide adequate enviornmental, social and economic benefits multiply.

Planning and Community Development(1) - 4/14/2006 9:43:22 AMPending
I believe this should be reviewed by

Permitting or Zoning Review & Permitting, possibly Donna LaDue? I believe she may handles any issues regarding outdoor advertising signs and billboards.

JLR 4/13/06

Public Works(1) - NA - Pending
No comments exist.

Public Works - Forestry(1) - NA - Pending
Need to review ASAP.  House bill 273 has passed, Senate bill on second reading.  DMZ 4.13.06

Administration and Finance(1) - 3/29/2006 1:42:00 PMComplete
If passed this Bill will have no immediate fiscal impact to Sarasota County.  This bill would increase the rights of sign owners and also would force local governmental entities to pay fines to these sign owners if and when they do not comply with the new "view zones" and increases in sign heights.  This bill still allows local governmental entities to enact local ordinances regulating outdoor advertising, however, these regulations must be in harmony with the state and federal requirements. 

There is a potential negative fiscal impact to the county, however, because Sarasota County is not currently adding noise barriers or beautification to our local highways there are no grounds for billboard owners in our area to dispute any "view zones." SB 3-28-06

MB :
The Sarasota County Division of Urban Forestry opposes this bill.  Specific comments are forthcoming; Friday, April 21, 2006.



Bill# 737     Relating to Tax Benefit/Catastrophic Emergencies                        Sponsored by: Grant

Description of Bill as Introduced:
Tax Benefit/Catastrophic Emergencies; defines term "public facilities"  to include certain private facilities used as public shelters or staging  areas for emergency response equipment during emergencies declared by  state or local government; provides that temporary rental or lease of  residential quarters to individuals who have been displaced by hurricane  or other catastrophic disaster is not subject to transient rentals tax  under this section, etc. Amends 212.055,.03.  EFFECTIVE DATE:  07/01/2006.

Related Bills:
Compare
SB 1484 Relating to Emergency Public Shelters
Identical
SB 1018 Relating to Tax Benefit/Catastrophic Emergencies

Fiscal Impact:
none noted

Impact to SC Gov - Core Service Delivery
1 Intergovernmental Relations Team(1) - 3/24/2006 4:48:49 PMComplete
Rep. Grant is carrying this bill for Sarasota County.  Sen. Bennett has the House version 1018. As introduced the bills included a tax credit which has since been removed.  The bill passed the Domestic Security Committee this week unanimously. DMZ 3.24.06



Bill# 1018     Relating to Tax Benefit/Catastrophic Emergencies                        Sponsored by: Bennett

Description of Bill as Introduced:
Tax Benefit/Catastrophic Emergencies; defines term "public facilities"  to include certain private facilities used as public shelters or staging  areas for emergency response equipment during emergencies declared by  state or local government; provides that temporary rental or lease of  residential quarters to individuals who have been displaced by hurricane  or other catastrophic
disaster is not subject to transient rentals tax  under this section, etc. Amends 212.055,.03.  EFFECTIVE DATE:  07/01/2006.

Related Bills:
Compare
SB 1484 Relating to Emergency Public Shelters
Identical
HB 0737 Relating to Tax Benefit/Catastrophic Emergencies

Fiscal Impact: Administration and Finance(1) - 3/16/2006 1:16:09 PMPending
No comments exist.

Public Safety(1) - NA - Pending
No comments exist.

Impact to SC Gov - Core Service Delivery
1 Intergovernmental Relations Team(1) - 3/24/2006 12:25:05 PMPending
Senator Bennett is carrying this bill on behalf of Sarasota County.  He had a tax credit included but amended it off of the bill.  He has been working hard for the County to get this bill passed.  It has cleared all committees and is now on Second reading.

Administration and Finance(1) - 3/24/2006 12:12:29 PMComplete
No comments exist.
E-mail Questions - 1018 questions re impact on other counties.doc - dmz - 3/24/2006 12:12:29 PM



Bill# 2232     Relating to Eminent Domain/Witnesses Fees                               Sponsored by: Bennett

Description of Bill as Introduced:
Eminent Domain/Witnesses Fees; limits amount of fees that court may require condemning authority to pay for expert witnesses assisting in defense of eminent domain proceeding. Amends 73.091.  EFFECTIVE DATE: 07/01/2006.

Related Bills:
Compare
HB 7077 Relating to Transportation

Fiscal Impact: none noted

Impact to SC Gov - Core Service Delivery

MRP:
This is a bill proposed by Sarasota County, although the language of the bill was changed from what was drafted by Assistant County Attorney Elizabeth Woodford.  We obviously support legislation to limit fees paid to expert witnesses, although as it was introduced, we are opposed to the wording.

As it is currently worded, a guaranteed $5,000 would be paid to expert witnesses, without regard to the amount of compensation offered. 

On every road project, and most sidewalk projects, a Temporary Construction Easement is obtained for the purpose of reconstructing driveways.  These are normally less than $1,000 in value.  Currently, we have over 500 parcels we are working to acquire, all at less than $1,000 value.  If this bill were to be passed, there would be a potential $2.5 Million impact if these were to go to an eminent domain case.

We support changing the text of this bill back to our original form, amending 73.091(1) to add a sentence at the end reading: "In no event shall the total of expert fees awarded exceed 20% of the first $250,000 of the amount of compensation awarded or agreed upon plus 5% of the amount over $250,000, or $5,000, whichever is greater."  JG 4-7-06

Public Works(1) - NA - Pending
No comments exist.

1 Intergovernmental Relations Team(1) - 3/24/2006 3:02:08 PMComplete
OPPAGA 6/06 report attached suggests capping expert fees. dmz 3/11/06
 - OPPAGA report.pdf - DMZ - 3/24/2006 3:02:08 PM

Administration and Finance(1) - 3/29/2006 1:12:12 PMComplete
If passed this bill would limit the amount of fees that a condemning authority would have to pay for expert witnesses defending the property owner. The federal government and many states do not pay for the owner's attorney fees and expert fees,however,in Florida the state pays for the property owner's attorney and expert fees during an eminent domain proceeding and this bill would limit those fees to:

Awarded Compensation < $250,000 = No less than $5,000 or no more than 20%.

Awarded Compensation > $250,000 = May not exceed $50,000 plus 25% of the amount which exceeds $50,000.

Ultimately this bill would/could save the state government money in fee payments during an eminent domain proceeding.

This bill has no fiscal or programmatic impact to Sarasota County Government operations.

SB 3-28-06



Bill# 7089     Relating to Facilities for Retained Spring Training Franchises      Sponsored by: Tourism

Description of Bill as Introduced:
Retained Spring Training Franchises; revises limitation on certain distributions to certified facilities for retained spring training franchise; deletes provision entitling applicant to receive certain distributions without additional certification; requires Tourism, Trade, & Economic Development Office to competitively evaluate applications for funding of certain additional facilities; revises number of certifications of such facilities, etc. Amends 212.20, 288.1162. EFFECTIVE DATE: 07/01/2006.

Related Bills:
Compare
SB 1002 Relating to Professional Sports Franchises
Similar
SB 1886 Relating to Professional Sports Franchises

Fiscal Impact:
AED:
FISCAL IMPACT: revenue of up to $41,667 per month per facility

Impact to SC Gov - Core Service Delivery

1 Intergovernmental Relations Team(1) - 4/15/2006 12:00:20 PMComplete
Rep. Detert has been a leader on this bill, which would provide funding for up to five applicants for spring training facilities in five cities/counties Sarasota/Sarasota, Bradenton/Manatee, St. Petersburg/Pinellas, Winter Haven/Polk and Ft. Lauderdale/Broward. Evaluation criteria includes such factors as the amount of local match, impacts on redevelopment, the local economy, and the community, among other factors.  Funding would be provided to certified applicants would receive up to $41,667 monthly for up to 30 years. The bill is on the House Calendar and has one last reference in the Senate, the Ways and Means Committee. It appears the bill likely will pass. DMZ 4.14.06