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2012 session legislation

Legislative Update #4

Review of Week January 23rd - 27th

Department of Agriculture Glitch Legislation

SB 888 by Sen. Flores (R-Miami) - CS/HB 749 by Rep. Young (R-Tampa)

This is the Department of Agriculture's Consumer Affairs legislation that includes language related to surveying that attempts to correct numerous glitches created in statute from the transfer of regulation from DBPR to the Department of Agriculture. We do not oppose these changes but remain wary that this bill does not become a vehicle for language we do not support and that attacks our profession.

HB 749 passed the Agriculture & Natural Resources Appropriations Committee unanimously and is awaiting action by the House Economic Affairs Committee. SB 888 is awaiting action by the Senate Regulated Industries Committee.

Deregulation of Surveying

There was no legislation filed related to deregulation of any businesses or professions.

Legislation Attacking Qualifications Based Selection (CCNA)

SB 246 by Sen. Bennett (R-Bradenton) - HB 155 by Rep. Costello(R-DeLand)

Once again, legislation attempting to eliminate qualifications based selection (QBS) has been introduced for consideration during the 2012 Legislative Session. Supported by procurement officials and local government lobbyists, last year's attempt was simply to add price in the initial selection process. This year they are attempting to get to the same place by creating a new "best value selection" approach that incorporate price in the selection.

SB 246 was taken up by Senate Regulated Industries Committee and was soundly defeated by a vote of 3 YEAs and 7 NOs. HB 155 has yet to be heard in its first committee. While this is a significant setback for local government lobbyists who are seeking to weaken qualifications based selection, it will be important to remember that nothing is truly dead until the session officially ends.

CCNA and Public Private Partnership Legislation

SB 576 by Sen. Bennett (R-Bradenton) - HB 337 by Rep. Williams (R-Ft. Myers)

This legislation is designed to create a public private partnership that will facilitate investment in the state by private entities to develop and operate projects including a public school, public building or facilities, water or wastewater management facility. Unfortunately this legislation specifically states that CCNA and any interpretations, regulations or guidelines of the Department of Management Services do not apply to any of these projects. Similar legislation was filed for consideration during the 2011 Legislative Session.

There was no action on these bills during the week.

Photography on Farms

SB 1184 by Sen. Norman (R-Tampa) - HB 1021 by Rep. Albritton (R-Bartow)

This legislation prohibits a person from entering a farm and taking video or audio recording without the prior written consent of the farm's owner. Violation of this proposed legislation is a first degree misdemeanor. This legislation includes numerous exemptions including an explicit exemption for a surveyor conducting activity under chapter 472.

The Senate Agriculture Committee took up SB 1184 during the week and adopted an amendment to remove from the bill all language related to photography on farms. After removing the controversial language the bill passed unanimously. HB 1021 was also taken up by the House Criminal Justice Subcommittee and similar to the Senate committee, the controversial photography on farms prohibition was removed from the bill and it passed by a vote of 14-0.

Ordinary High-Water Mark

SB 1362 by Sen. Hays (R-Umatilla) - HB 1103 by Rep. Goodson (R-Titusville)

This legislation creates a new section of law to be used when determining the location of ordinary high-water mark for navigable, nontidal waterbodies.

There was no action during the week on either of these bills.

Special Legislative Update - As of January 27th

Legislation Attacking Qualifications Based Selection (CCNA)

SB 246 by Sen. Bennett (R-Bradenton) - HB 155 by Rep. Costello(R-DeLand)

Once again, legislation attempting to eliminate qualifications based selection (QBS) has been introduced for consideration during the 2012 Legislative Session. Supported by procurement officials and local government lobbyists, last year's attempt was simply to add price in the initial selection process. This year they are attempting to get to the same place by creating a new "best value selection" approach that incorporate price in the selection.

SB 246 was taken up during Week 3 by Senate Regulated Industries Committee and was soundly defeated by a vote of 3 YEAs and 7 NOs. HB 155 has yet to be heard in its first committee. While this is a significant setback for local government lobbyists who are seeking to weaken qualifications based selection, it will be important to remember that nothing is truly dead until the session officially ends.

2012 Legislative Update #3

Review of Week January 16^th – 20^th

Department of Agriculture Glitch Legislation

SB 888 by Sen. Flores (R-Miami) – CS/HB 749 by Rep. Young (R-Tampa)

This is the Department of Agriculture’s Consumer Affairs legislation that includes language related to surveying that attempts to correct numerous glitches created in statute from the transfer of regulation from DBPR to the Department of Agriculture. We do not oppose these changes but remain wary that this bill does not become a vehicle for language we do not support and that attacks our profession.

HB 749 is awaiting action by the House Agriculture & Natural Resources Appropriations Subcommittee. SB 888 was taken up by Senate Commerce & Tourism Committee during Week 2 and amended to conform to the House bill. The legislation passed the Senate committee unanimously and is now headed to the Senate Regulated Industries Committee for consideration.

CLICK HERE to read the staff analysis of HB 749.

Deregulation of Surveying

There was no legislation filed during Week 2 related to deregulation of any businesses or professions.

Legislation Attacking Qualifications Based Selection (CCNA)

SB 246 by Sen. Bennett (R-Bradenton) – HB 155 by Rep. Costello(R-DeLand)

Once again, legislation attempting to eliminate qualifications based selection (QBS) has been introduced for consideration during the 2012 Legislative Session. Supported by procurement officials and local government lobbyists, last year’s attempt was simply to add price in the initial selection process. This year they are attempting to get to the same place by creating a new “best value selection” approach that incorporate price in the selection.

There was no action on these bills during Week 2.

CCNA and Public Private Partnership Legislation

SB 576 by Sen. Bennett (R-Bradenton) – HB 337 by Rep. Williams (R-Ft. Myers)

This legislation is designed to create a public private partnership that will facilitate investment in the state by private entities to develop and operate projects including a public school, public building or facilities, water or wastewater management facility. Unfortunately this legislation specifically states that CCNA and any interpretations, regulations or guidelines of the Department of Management Services do not apply to any of these projects. Similar legislation was filed for consideration during the 2011 Legislative Session.

There was no action on these bills during Week 2.

Photography on Farms

SB 1184 by Sen. Norman (R-Tampa) – HB 1021 by Rep. Albritton (R-Bartow)

This legislation prohibits a person from entering a farm and taking video or audio recording without the prior written consent of the farm’s owner. Violation of this proposed legislation is a first degree misdemeanor. This legislation includes numerous exemptions including an explicit exemption for a surveyor conducting activity under chapter 472.

SB 1184 is scheduled to be heard by the Senate Agriculture Committee during Week 3 while HB 1021 is awaiting action by the House Criminal Justice Subcommittee.

Ordinary High-Water Mark

SB 1362 by Sen. Hays (R-Umatilla) – HB 1103 by Rep. Goodson (R-Titusville)

This legislation creates a new section of law to be used when determining the location of ordinary high-water mark for navigable, nontidal waterbodies.

CLICK HERE to read the House Staff Analysis of this legislation.

SB 1362 has been referred to the Senate Environmental Preservation and Conservation Committee as well as the Senate Budget Committee. HB 1103 was taken up by the House Agriculture & Natural Resources Subcommittee and passed by a vote of 9-4. The House bill is headed to the Criminal Justice Subcommittee next for consideration.

2012 Legislative Update #2

Review of Week January 9^th – 13^th

Department of Agriculture Glitch Legislation

SB 888 by Sen. Flores (R-Miami) – CS/HB 749 by Rep. Young (R-Tampa)

HB 749 passed the House Business and Consumer Affairs Committee with a proposed committee substitute of the original bill. Its next committee stop is the Agriculture & Natural Resources Appropriations Committee. SB 888 is scheduled to be taken up by the Senate Commerce Committee next week.

CLICK HERE to read the staff analysis of the proposed committee substitute.

Deregulation of Surveying

During the House Business and Consumer Affairs Subcommittee meeting they took up a review of the 2011 Session deregulation issue and the Legislatures attempt to streamline business in the State of Florida by eliminating unnecessary regulations or licensing requirements. The review included a thorough explanation by the Committee Chair, of the problems and issues experienced last year and the events leading up to the final version of the bill that was passed by the House and the conference committee report that was taken up and defeated on the Senate floor.

CLICK HERE to read the committee presentation.

After a presentation and discussion, committee staff was directed to draft a new proposed committee bill on deregulation for consideration during the 2012 Legislative Session that would mirror the version which was agreed upon in the House and Senate conference last session (which did not include the Surveying and Mapping Profession).

Legislation Attacking Qualifications Based Selection (CCNA)

SB 246 by Sen. Bennett (R-Bradenton) – HB 155 by Rep. Costello(R-DeLand)

Once again, legislation attempting to eliminate qualifications based selection (QBS) has been introduced for consideration during the 2012 Legislative Session. Supported by procurement officials and local government lobbyists, last year’s attempt was simply to add price in the initial selection process. This year they are attempting to get to the same place by creating a new “best value selection” approach that incorporate price in the selection.

These bills have been referred to multiple committees in the House and Senate, but have yet to be taken up by any committee.

CCNA and Public Private Partnership Legislation

SB 576 by Sen. Bennett (R-Bradenton) – HB 337 by Rep. Williams (R-Ft. Myers)

These bills have been referred to multiple committees and have yet to be taken up.

Design Professional Liability

After several weeks of back and forth over the draft language for the bill and given the current political environment in Tallahassee, Sen. Negron (R-Stuart) decided to not file the design professional bill for consideration during the 2012 Legislative Session. He indicated his willingness to be the sponsor of this legislation in 2013 when the political climate might be better than it currently is for passage of this legislation.

Photography on Farms

SB 1184 by Sen. Norman (R-Tampa) – HB 1021 by Rep. Albritton (R-Bartow)

SB 1184 has been referred to the Senate Agriculture Committee, Transportation Committee and Budget Committee. HB 1021 was heard in the Agriculture and Natural Resources Committee last week and passed by a vote of 13-2. It is now awaiting action by the House Criminal Justice Subcommittee.

Ordinary High-Water Mark

SB 1362 by Sen. Hays (R-Umatilla) – HB 1103 by Rep. Goodson (R-Titusville)

This legislation creates a new section of law to be used when determining the location of ordinary high-water mark for navigable, nontidal waterbodies.

CLICK HERE to read the bill.

HB 1103 is scheduled to be heard by the Agriculture & Natural Resources Subcommittee on Tuesday, January 17. SB 1362 has been referred to the Environmental Preservation and Conservation Committee as well as the Senate Budget Committee for consideration.

2012 Legislative Update #1 (As of January 12, 2012)

The Business and Consumer Affairs Subcommittee met yesterday, the second day of the early 2012 Legislative Session. The agenda included a review of the 2011 session deregulation issue and the legislatures attempt to streamline business in the State of Florida by eliminating unnecessary regulations or licensing requirements. The review included a thorough explanation by the Committee Chair, of the problems and issues experienced last year and the events leading up to the final version of the bill that was passed by the House and the conference committee report that was taken up and defeated on the Senate floor. Click Here to review the presentation.

After a presentation and discussion in the committee, committee staff was directed to draft a new proposed committee bill on deregulation for consideration during the 2012 Legislative Session that would mirror the version which was agreed upon in the House and Senate conference last session (which did not include the Surveying and Mapping Profession).

David Daniel and the team at Smith, Bryan and Myers will continue to closely monitor the progress of the proposed committee bill and we will provide updates through our Legislative Email Bulletins as additional information becomes available.

2012 Pre-Session Legislative Update

Legislation Attacking Qualifications Based Selection (CCNA)

As of January 4, 2012

SB 246 by Sen. Bennett (R-Bradenton) - HB 155 by Rep. Costello(R-DeLand)

SB 246 has been referred to the Regulated Industries Committee, the Government Oversight and Accountability Committee and the Budget Committee and has yet to be heard by any committee. HB 155 has been referred to four committees in the Florida House of Representatives and also has yet to be heard in its first committee.

CCNA and Public Private Partnership Legislation

SB 576 by Sen. Bennett (R-Bradenton) - HB 337 by Rep. Williams (R-Ft. Myers)

Both SB 576 and HB 337 have been referred to three committees in their respective chambers and neither bill has been taken up and considered by their first committee.

Design Professional Liability

We have been working this summer with representatives from the engineer and architects to come up with a rewrite of design professional liability legislation for consideration during the 2012 Legislative Session. Sen. Negron (R-Stuart) has once again agreed to file this legislation for consideration and is currently in the process of finalizing the bill draft and filing the bill. We will keep you updated on movement on this important legislation.

Photography on Farms

SB 1184 by Sen. Norman (R-Tampa) - HB 1021 by Rep. Albritton (R-Bartow)

This legislation prohibits a person from entering a farm and taking video or audio recording without the prior written consent of the farm's owner. Violation of this proposed legislation is a first degree misdemeanor. This legislation includes numerous exemptions including an explicit exemption for a surveyor and mapper conducting activity under chapter 472.

Glitch Legislation

SB 888 by Sen. Flores (R-Miami) - HB 749 by Rep. Young (R-Tampa)

This is the Department of Agriculture's Consumer Affairs legislation that includes language related to surveying that attempts to correct numerous glitches created in statute from the transfer of regulation from DBPR to the Department of Agriculture. We do not oppose these changes but remain wary that this bill does not become a vehicle for language we do not support and that attacks our profession.

Deregulation

There continues to be a discussion in Tallahassee on how excessive regulations stifle business success and often only serve to limit competition. Last legislative session the House of Representatives pursued a deregulation bill that would have deregulated ten businesses or professions had it not been defeated on the floor of the Florida Senate. Speaker Dean Cannon (R-Winter Park) has indicated his desire that another deregulation bill be considered during the 2012 Legislative Session. While legislation has not been filed, I would expect to see this bill soon so it can begin working through the process.

We have continued our meetings with key legislators and legislative leadership throughout the summer and fall to press our case that surveyors should not be included in any deregulation legislation being considered in 2012. My expectation is that any deregulation bill will begin in 2012 where it ended in 2011, deregulating ten professions with surveyors not being included. I will continue to monitor filed legislation and let you know when a deregulation bill is filed.

Important Dates to Remember

January 10, 2012 - Legislative Session Begins

January 10, 2012 - Deadline for filing bills for introduction

February 28, 2012 - Last day for regularly scheduled committee meetings

March 9, 2012 - Last day of Regular Session

Your Action is Needed Now

As Of November 1, 2011, bills have been filed in both the Senate and the House of Representatives intended to gut the Qualifications Based Selection process currently required under the Consultants Competitive Negotiations Act, Ch. 287.055 FS. Once again, Senator Bennett (R-Bradenton) and Rep. Costello (R-DeLand) have filed legislation to allow low bid or low price to be at the forefront and the primary consideration for the selection to provide any professional services to government entities. Their similar bills last session failed, so this time around, a new marketing technique is being used by calling it the "Best Value Approach".

MAKE NO MISTAKE ABOUT IT, these bills are nothing more than a LOW PRICE or LOW BID approach to procurement of professional services. Passage of this legislation will weaken and ultimately eliminate qualifications based selection for these professional services, putting small professional firms and sole proprietorships at a competitive disadvantage to larger firms and potentially putting many small businesses and sole proprietors out of business. It will surely lead to increased costs to local government when choosing a less qualified firm from an ever decreasing pool of respondents, thus inevitably causing irreparable harm to the public.

In order to defeat this attempt to eliminate Qualifications Based Selections as currently required to insure the best expenditure of tax dollars for public projects, we need your immediate action. Please stop what you are doing right now and email or call each of the legislators listed below individually and let them know you support the existing CCNA required Qualifications Based Selection and OPPOSE weakening it by passing SB 246. Ask that they oppose this bill if brought for a vote in the Senate Regulated Industries Committee and preserve the only true best value approach for public procurement. Then follow up by contacting local legislators and tell them the same and ask them to relay that message to the Senate Regulated Industries Committee members.

CCNA Under Attack in the Legislature - Your Action is Needed! As of October 25, 2011

Our industry and Qualifications Based Selection (QBS) is under attack in Tallahassee by lobbyists and procurement officials for local government. We need your help to defeat their latest attack.

Sen. Bennett (R-Bradenton) and Rep. Costello (R-DeLand) have filed legislation to eliminate the qualifications based selection process and allow price to be at the forefront of any bid with local government for professional services. Passage of this legislation will weaken qualifications based selection for these professional services, put small professional firms at a competitive disadvantage to larger firms and potentially increase costs to local government when choosing a less qualified firm.

In order to defeat these attempts to water down Qualifications Based Selection we need your help NOW! Your local legislators as well as Senators on the Senate Regulated Industry Committee need to hear from you that you oppose this bill. Please take a moment to email or call each of the legislators listed below individually and let them know you support Qualifications Based Selection and OPPOSE weakening it by passing SB 246. You should ask that they oppose this bill if brought for a vote in the Senate Regulated Industries Committee.

SB 246 by Sen. Bennett

Senate Regulated Industries Committee

Senator Dennis Jones (R-Seminole) - Chair

jones.dennis.web@flsenate.gov - 727 549-6411

Senator Maria Sachs (D- Delray) - Vice Chair

sachs.maria.web@flsenate.gov - 561 279-1427

Senator Thad Altman (R - Melbourne)

altman.thad.web@flsenate.gov - 321 752-3138

Senator Ellyn Bogdanoff (R-Ft. Lauderdale)

bogdanoff.ellyn.web@flsenate.gov - 954 467-4205

Senator Oscar Braynon (D-Miami Gardens)

braynon.oscar.web@flsenate.gov - 305 654-7150

Senator Charlie Dean (R-Inverness)

dean.charles.web@flsenate.gov - 352 860-5175

Senator Miguel Diaz de la Portilla (R-Miami)

portilla.miguel.web@flsenate.gov - 305 643-7200

Senator Nan Rich (D-Sunrise)

rich.nan.web@flsenate.gov - 954 747-7933

Senator Gary Siplin (D-Orlando)

siplin.gary.web@flsenate.gov - 407 297-2071

Senator John Thrasher (R-Jacksonville)

thrasher.john.web@flsenate.gov - 904 727-3600

CCNA Under Attack as of September 23, 2011

SB 246 by Sen. Bennett (R-Bradenton)

HB 155 by Rep. Costello (R-Deland)

www.flsenate.gov/Session/Bill/2012/0246/BillText/Filed/PDF

www.flsenate.gov/Session/Bill/2012/0155/BillText/Filed/PDF

As we expected at the end of the last Legislative Session, the Consultants Competitive Negotiation Act (CCNA) is again under attack with bills being filed by the same two legislators. This time, they have used some different, but not unfamiliar, language "BEST VALUE" to try to put the low price or low bid component in the statute.

We need to make sure our legislators know that this is a bad bill. No matter how they say it, it is still nothing but seeking the "LOWEST BID" while ignoring qualifications and experience in the selection process.

Our Lobbyists and Legislative Committee have prepared for and are already working on this. At this time, we ask that every member take a few minutes now, to call and/or email your Senator and Representative. Let them know you are opposed to this.

Tell them that selection based on QUALIFICATIONS and EXPERIENCE, as currently required under Florida Statute 287.055, insures the best value for the public dollar.

Click here for talking points.

We want to thank the many Chapters who have already sent information on to their members about this legislation. It was our "grass roots efforts" last session that helped defeat the similar attack on CCNA by these two legislators and also help get our profession dropped from the deregulation bill. When we get the committee references on each of these bills, we will provide a listing of contact information for you to begin focusing on the specific committee members.

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