2016 Legislative
Bill Tracking Report
Jennifer Hatfield, FSPA Government Relations Consultant
The third special session for 2015 concluded a day early on November 5
with the Senate voting down the House version of the Senate districts
map, leaving it once again up to the courts to draw the Florida Senate
districts (an earlier special session ended without agreement between
the House and Senate, leaving the court having to draw the
congressional districts). November 5 was also the day Senator Jack
Latvala ceded the Senate Presidency to Senator Joe Negron – a long
fought battle that had reached its boiling point in recent weeks. During
Senator Negron’s 2017-2018 Presidency, Senator Latvala will be
Chairman of the powerful Appropriations Committee.
In addition to these top stories, this was also another interim
committee week of the legislature where we saw additional bills being
filed ahead of the January 12 session start date, as well as bills being
heard in committees. Important to the pool industry this week was the
filing of the 2016 session’s building code bills, which include the
formation of a swimming pool electrical safety task force and
exemptions for certain portable pools from health department
regulation. Further, Senate bills that address renewable energy source
devices moved thru their first committee of reference.
A summary of those bills and all 2016 legislation thus far being tracked
for FSPA is listed below:
FSPA Priority Bills:
Swimming Pool Electrical Safety
SB 530 by Senator Sobel / HB 295 by Rep. Fresen
Summary: creating the Calder Sloan Swimming Pool Electrical-Safety Task Force within Florida Building
Commission; specifies purpose of task force; requires report to Governor & Legislature; provides for
membership; requires Florida Building Commission to provide staff, information, & other assistance to
task force; provides for future repeal of task force.
Comments: The Florida Building Commission Swimming Pool & Electrical Technical Advisory Committees
are currently holding meetings to discuss these topics in response to similar legislation filed last session.
Effective Date: July 1, 2016
Status: SB 530 – Referred to Community Affairs & Fiscal Policy on October 21, 2015. HB 295 - Referred
to Business & Professions Subcommittee; Government Operations Subcommittee; Government
Operations Appropriations Subcommittee; and Regulatory Affairs Committee on October 30, 2015.
Building Codes
SB 704 by Senator Hutson / HB 535 by Rep. Eagle
Summary: Revises educational provisions for building code inspectors, plans examiners, & building code
administrators; revises provisions related to the Florida Building Code; revises provisions regarding the
Florida Building Code Compliance and Mitigation Program; restricts application of the Building Code for
certain aspects of construction; revises provisions related to portable pools; revises provisions regarding
the authority of building officials to issue building permits; revises provisions regarding appeal boards;
revising provisions addressing certain fire service access elevators; authorizing DBPR to develop coderelated training; and creating a task force to study electrical safety in swimming pools.
Comments: This bill incorporates the same task force that SB 530/HB 295 would create to address
Swimming Pool Electrical Safety. It also includes language that would exempt a portable pool used for
swimming instruction from regulation by Department of Health – this language poses health concerns
and the industry would encourage changes to ensure some regulation by the DOH at the same time
allowing for these types of pools to be used for swimming instruction.
Effective Date: July 1, 2016
Status: SB 704 - Filed on November 3, 2016. HB 535 – Filed on November 3, 2016.
FSPA Watch Bills:
Unlicensed Activity Fees
SB 394 by Senator Hays / HB 303 by Rep. Burton
Summary: Prohibiting the Department of Business and Professional Regulation from imposing a
specified fee in certain circumstances.
Comments:
Effective Date: July 1, 2016
Status: SB 394 – Referred to Regulated Industries; Appropriations Subcommittee on General
Government; and Appropriations on October 9, 2015. HB 303 – Referred to Business & Professions
Subcommittee; Government Operations Appropriations Subcommittee; & Regulatory Affairs Committee
on October 30, 2015.
Renewable Energy Source Devices
SJR 170 by Senator Brandes / HJR 193 by Rep. Rodrigues / SB 172 by Senator Brandes / HB 195 by Rep.
Rodrigues
Summary: The joint resolution bills propose amendments to the State Constitution to require the
Legislature, by general law, to exempt the assessed value of a renewable energy source device or a
component thereof from the tangible personal property tax, to allow the Legislature, by general law, to
prohibit the consideration of the installation of such device or component in determining the assessed
value of residential and nonresidential real property for the purpose of ad valorem taxation, and to
provide effective and expiration dates, etc. The bills tied to the joint resolutions then revise the term
“renewable energy source device” to include certain devices that store or use solar energy, wind energy,
or energy from geothermal deposits to generate specified forms of energy; specify a period during
which a property appraiser is prohibited from considering an increase in the just value of real property
used for residential purposes which is attributable to the installation of a renewable energy source
device; exempting a renewable energy source device, or a component of such device, which is installed
upon real property on or after a specified date from the tangible personal property tax.
Comments:
Effective Date: January 1, 2017, if SJR 170 & HJR 193, or a similar joint resolution having substantially the
same specific intent and purpose, is approved by the electors at the general election to be held in
November 2016 or at an earlier special election specifically authorized by law for that purpose.
Status: SJR 170 & SB 172 – On November 3, 2015 both bills were voted 8-0 favorable by
Communications, Energy & Public Utilities; and will head next to Community Affairs, with Finance & Tax;
and Appropriations to follow. HJR 193 & HB 195 – On September 24, 2015 referred to Energy & Utilities;
Finance & Tax; and Regulatory Affairs.
Florida Building Code
HB 51 by Rep Jacobs
Summary: Prohibits certain technical amendments to Florida Building Code adopted by local
government from being rendered void in certain circumstances; specifies that such amendments are
subject to review or modification when new edition of Code is issued.
Comments:
Effective date: 7/1/2016
Status: HB 51 – Referred to Business and Professions; Local Government Affairs; and Regulatory Affairs
on August 27, 2015.
Statute of Repose
SB 316 by Senator Stargel / HB 297 by Representative Perry
Summary: Limitations on actions other than for the recovery of real property; specifies date of
completion for specified contracts for limitation of actions purposes.
Comments: The bill states that the date of completion of the contract between the professional
engineer, registered architect, or licensed contractor and his or her employer is the last day during
which the professional engineer, registered architect, or licensed contractor furnishes labor, services, or
materials, excluding labor, services, or materials relating to the correction of deficiencies in previously
performed work or materials supplied.
Effective Date: July 1, 2016
Status: SB 316 – Referred to Judiciary, Regulated Industries and Rules on October 6, 2015. HB 297 –
Referred to Civil Justice Subcommittee; Government Operations Appropriations Subcommittee; and
Regulatory Affairs Committee on October 30, 2015.
FSPA Bills of Interest:
Prohibited Discrimination for Employment
SB 120 by Senator Abruzzo / HB 45 by Representative Raschein
Summary: Creates "Florida Competitive Workforce Act"; prohibits discrimination based on sexual
orientation & gender identity or expression; defines terms; provides exceptions for constitutionally
protected free exercise of religion.
Comments:
Effective Date: July 1, 2016
Status: SB 120 – Referred to Referred to Judiciary; Governmental Oversight and Accountability;
Appropriations Subcommittee on General Government; Fiscal Policy on August 21, 2015. HB 45 Referred to Economic Affairs and Judiciary Committee on August 27, 2015
Florida Healthy Working Families Act (Paid Sick Leave)
SB 294 by Senator Thompson / HB 205 by Representative Williams
Summary: Providing powers and duties of the executive director of the Department of Economic
Opportunity; requiring certain employers to provide employees with paid or unpaid earned sick and safe
leave under certain conditions; providing employer and employee requirements; authorizing an
employee to file a civil action under certain conditions.
Comments:
Effective Date: 7/1/2016
Status: SB 294 – Referred to Commerce and Tourism; Appropriations Subcommittee on Transportation,
Tourism, and Economic Development; and Appropriations on October 6, 2015. HB 205 – Referred to
Economic Development & Tourism Subcommittee; Civil Justice Subcommittee; Transportation &
Economic Development Appropriations Subcommittee; Economic Affairs Committee on October 7,
2015.
State Minimum Wage
SB 6 by Senator Bullard / HB 109 by Representative Torres
Summary: State Minimum Wage; Increases state minimum wage; provides that an employer may not
pay employee at rate less than state minimum wage; deletes requirement that only individuals entitled
to receive federal minimum wage are eligible to receive state minimum wage.
Comments:
Effective date: 1/1/2017
Status: SB 6 - Referred to Commerce and Tourism; Community Affairs; and Appropriations on August 19,
2015. HB 109 – Referred to Economic Development & Tourism Subcommittee; Appropriations
Committee; and Economic Affairs on September 10, 2015.