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2013 FAC Policy Conference
Finance, Tax and Administration
Policy Committee Meeting
Thursday, September 19th, 2013
8:00 a.m. to 10:00 a.m.
Meeting Room: Regency East (DE)
Co-Chairs Co-Vice Chairs
Chip LaMarca, Broward County Doug Conkey, Clay County
Nora Patterson, Sarasota County John Horan, Seminole County
AGENDA
8:00 a.m. INTRODUCTIONS & OPENING REMARKS
8:10 a.m. POLICY DISCUSSION - ADMINISTRATION
• Lisa Hurley, FAC Staff
8:45 a.m. POLICY DISCUSSION – FINANCE & TAX
• Davin Suggs, FAC Staff
9:45 a.m. OTHER ISSUES
10:00 a.m. CLOSING REMARKS/ADJOURNMENT
Marriott West Palm Beach ♦ Palm Beach County Updated 9/9/13
Finance, Tax & Administration
Policy Committee
2013-14 Policy Statements
Finance Davin J. Suggs, Senior Legislative Advocate
Email: dsuggs@fl-counties.com
Phone: 850-922-4300 or Fax: 850-488-7501
CONSENT ITEMS
FINANCE & TAX POLICY
Communications Services Tax: SUPPORT amending and/or revising current law in
a manner that is: 1) revenue neutral; 2) simplifies administration and collection of the
current tax; 3) provides for a broad and equitable tax base; 4) provides for enhanced
stability and reliability as an important revenue source for local government; and 5)
provides the opportunity for market-based growth.
Local Business Tax: SUPPORT the authorization of local governments to modify
local ordinances in a manner that results in a more simplified, efficient and equitable tax
system that benefits business and local communities. OPPOSE legislation that would
provide for the elimination of the Local Business Tax.
E-911 Fee: SUPPORT collection of E-911 fee on prepaid mobile telecommunications
for use in support of local government emergency communications operations.
Internet Sales Tax/“Main Street” Fairness Act: SUPPORT legislation that
promotes an equitable competitive environment between “Brick and Mortar” businesses
and remote business establishments conducting business in Florida.
Local Discretionary Revenue Flexibility: SUPPORT modifications to existing laws
governing local discretionary revenue sources to provide greater flexibility and more
efficient administration and management.
APPROPRIATIONS
Specific County Based Appropriations: SUPPORT maintaining current state
appropriations critical to the delivery of public services at the county government level
as it relates to currently funded county based appropriations in the SFY 2014-2015
budget. SUPPORT maintenance of existing appropriations currently funded in support
of fiscally constrained counties.
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NEW AND REVISED ITEMS
FINANCE & TAX POLICY
Sales Tax Exemption on Commercial Leases: OPPOSE legislation that would
exempt state sales tax and local option sales tax on commercial leases.
Explanation/Update: During the 2013 Legislative Session SB 656 was filed with the
intent to provide for the incremental reduction (over a five year period) of sales tax
imposed on the rental or license fees charged for the use of commercial real property.
Currently, commercial rentals are taxed at 6% at the state level, plus the local
discretionary surtax. The bill would have phased out the sales and use tax on
commercial rentals by reducing the tax rate by 1% per year and completely
repealing both state and local sales and use taxes in the year 2019.
The proposal was identified by the Florida Association of Realtors as its primary
legislative objective for 2013. According to the Florida Revenue Estimating
Conference, this proposal would have a negative recurring fiscal impact to local
governments (mostly cities and counties) of $386.2M annually (by 2019).
The bill(s) failed to be passed out of its committees of reference. It is anticipated that
this issue will be carried forward to the 2014 legislative session.
ECONOMIC DEVELOPMENT
Film/Television Entertainment Production Tax Incentives: SUPPORT
legislation that would enhance incentives to foster a more competitive environment for
attracting film and television entertainment production in the State of Florida.
Explanation/Update: The Office of Film and Entertainment currently administers the
Entertainment Industry Financial Incentive Program, which awards transferrable tax
credits for certain expenditures associated with film, television, and digital media
productions. Generally, the credits are 20 percent of qualified expenditures, with
additional amounts available in certain circumstances. Sections 288.1254 and 288.1258,
F.S., govern the administration of this incentive program.
Several counties have expressed interests in exploring strategies to enhance Florida’s
incentive program to be more competitive on a national and international basis.
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BUDGET & FINANCE ADMINISTRATION
Chart of Accounts Consolidation: SUPPORT legislation that would remove the
requirement that all governmental entities in the State of Florida utilize the same Chart
of Accounts (Accounting System).
Explanation/Update: The Legislature passed SB 1292 during the 2011 Session,
requiring the Chief Financial Officer to develop a Uniform Chart of Accounts to be used
by all governmental entities for the reporting of assets, liabilities, equities, revenues and
expenditures. Since the passage of this legislation, the CFO’s office has developed draft
recommendations that may prove to be costly and burdensome in its implementation
for local governments. Recently, the Florida Government Finance Officers Association
has created a task force to address the situation and developed a unified local
government strategy in providing a remedy.
Value Adjustment Boards: OPPOSE legislation that would harm the ability of Value
Adjustment Boards in fulfilling its role as intended by the State Constitution.
Explanation / Update: During the 2013 Legislative Session, a Proposed Committee
Substitute Bill for HB 1381 was filed with the intent to provide for several revisions to
current laws governing the composition and operation of Value Adjustment Boards.
Of primary concern to counties, the bill would have:
Amended the current composition of VABs to include three citizen members and only
two elected officials.
One of the citizen members would be appointed by the Clerk of Courts – Secretary
to the VAB.
Amended provisions regarding the role and duty of the VAB Attorney
The bill(s) failed to be passed out of committees of reference. It is anticipated that this
issue will be carried forward to the 2014 legislative session.
Lisa Hurley, Legislative Advocate
Administration lhurley@fl-counties.com
Phone: 850-922-4300 or Fax: 850-488-7501
CONSENT ITEMS
Collective Bargaining: SUPPORT legislation clarifying that constitutional officers
can resolve impasse issues at the discretion of the constitutional officer.
Elections: SUPPORT full state funding of all expenditures by supervisors of elections
to comply with the requirements of the federal Help America Vote Act.
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Explanation/Update: In 2013, passage of HB 7013 extended early voting days/hours
from 8 days minimum up to 14 days at the discretion of the Supervisor of Elections and
increased the hours from 96 to a maximum of 168 hours. The bill also expanded the
authorized sites to include civic and convention centers, fairgrounds, stadiums,
courthouses and commission buildings.
Procurement: SUPPORT the non-publishing of detailed bid estimates by creating an
exemption for county and municipality projects in statute. SUPPORT establishing an
optional (alternative) process for state and local entities to consider cost in the award of
professional services agreements pursuant to the Consultants’ Competitive Negotiation
Act.
Public Notice: SUPPORT legislation allowing local governments to comply with
public notice and legal advertisement requirements by means other than the
newspaper.
Florida Retirement System (FRS): OPPOSE any FRS benefit changes that result in
an increase in the FRS county and county employee contribution rates. SUPPORT
requiring all legislation that potentially results in an increase in the FRS contribution rate
to be analyzed and evaluated to determine the direct fiscal impact of proposed changes
to all local and state government to be eligible for consideration.
Explanation/Update: In 2013, HB7011/SB1392 sought to reform the FRS by either
closing the Defined Benefit (pension) plan to new employees or changing the default of
plan options from Defined Benefit (pension) to Defined Contribution (investment) plan.
The Senate proposed the more conservative approach of changing the default, whereas
the House sought to close the pension. The two chambers could not reach agreement
and reform efforts died. It is expected that the issue will be taken up again in 2014.
Also in 2013, SB1810 contained the annual employer contribution rate adjustments,
which kept significant rate increases in place beginning July 1, 2013.
Public Record and Open Meeting Exemptions for Economic Development:
SUPPORT changes to s.286.0113 and s.288.075, F.S., that would allow the Board of
County Commissioners to deliberate in private regarding an economic development
proposal and would allow confidential information in the possession of an economic
development agency to be provided to a member of the Board of County
Commissioners without the possibility of such communication being considered a
disclosure, which would terminate the confidential nature of the information.
Information would be released before final decision is made, however.
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