TO: NAIOP Florida
DATE: February 4, 2018
With the halfway point of the Legislative Session approaching, many bills are dying (never heard in committee), many bills have passed one of the chambers and lawmakers in both chambers are hastily advancing the remaining legislation in hopes of beating the 60-day clock. But many House and Senate proposals still aren’t lining up and we anticipate more compromise ahead.
For example, an initiative to make it more difficult for future lawmakers to raise taxes or fees looks starkly different in the House than it does in the Senate. HJR 7001, which would require a two-thirds ‘supermajority’ vote (roughly 66 percent) to pass future tax and fee increases, cleared the House chamber in an 80-29 vote on Jan. 25. Across the hall, the Senate continued advancing its version, which instead would require a threefifths
supermajority (or 60 percent). That proposal, SB 1742, cleared the Senate Appropriations Subcommittee on Finance and Tax last Monday. Gov. Rick Scott said he hopes the Senate will adopt the House’s version.
In another bill, the issue of beach access has become a source of media and local government discussion. In the House, Representative Edwards-Walpole’s HB 631 is a standard property law bill pushed by the Florida Bar’s Real Property Probate and Trust Law, but there is one section that addresses customary use. This section requires that any ordinance establishing a customary use of a beach must have a court determine that the use is indeed authorized. The bill also grandfathers ordinances established before January 2016.
In the Senate, the bill requires a court to determine customary use parcel by parcel, and does not yet provide any grandfather clause. Senate bill 804 still has two committee stops left and has some long odds with both the Rules and Appropriations Chair voting against the bill in its first committee.
Those issues are a sampling of differences between the House and Senate (not to mention the actual budget) that will either get sorted out or have to wait for another session.
Click here for a full update on issues related to our work for you and other hot topics addressed during the week.
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