CODING: Words stricken are deletions; words underlined are additions.House Bill 0729c1
Florida House of Representatives - 1998 CS/HB 729
By the Committee on Community Affairs and Representatives
Wallace, Maygarden, Gay, Turnbull, Feeney, Livingston, Fasano,
Melvin and Trovillion
1 A bill to be entitled
2 An act relating to the Legislature; creating s.
3 11.077, F.S., the "Taxpayer Protection Act";
4 requiring that any general law enacted by the
5 Legislature that will potentially increase the
6 cost of local government personnel salaries,
7 wages, or benefits must include an economic
8 impact statement; providing requirements for
9 the economic impact statement and preparation
10 and publication thereof; providing an effective
11 date.
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13 WHEREAS, Article VIII of the State Constitution
14 establishes local governments within the state with
15 independent authority to exercise governmental authority and
16 power, and
17 WHEREAS, inherent in the exercise of local governmental
18 authority and governmental powers is the right of local
19 governments to hire necessary personnel to conduct
20 governmental activities and the right to provide salaries,
21 wages, and benefits to said personnel, and
22 WHEREAS, funding of local government employees'
23 salaries, wages, and benefits is ultimately the responsibility
24 of the local citizen taxpayers, and
25 WHEREAS, personnel salaries, wages, and benefits
26 frequently represent between 60 and 70 percent of the total
27 operating budget of a local government, and
28 WHEREAS, control over these costs is essential to
29 controlling governmental finances and protecting the
30 taxpayers' interests, NOW, THEREFORE,
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Florida House of Representatives - 1998 CS/HB 729
171-579-98
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Section 11.077, Florida Statutes, is
4 created to read:
5 11.077 General laws affecting local government
6 personnel costs.--
7 (1) This section may be cited as the "Taxpayer
8 Protection Act."
9 (2) For the purpose of this section, "local
10 government" refers to county, municipal, or special district
11 government.
12 (3) Any general law enacted by the Legislature after
13 January 1, 1999, which will potentially increase the cost of
14 local government personnel salaries, wages, or benefits must
15 include an economic impact statement which estimates the total
16 cost to local governments and which is prepared prior to
17 passage of the legislation. The economic impact statement
18 shall be prepared by legislative staff of appropriate
19 jurisdiction utilizing the expertise of state agencies such as
20 the Division of Retirement of the Department of Management
21 Services, the Department of Insurance, and others as needed.
22 (4) The economic impact statement must include:
23 (a) An estimate of the cost to all local governments
24 of implementing the proposed legislation, including a separate
25 calculation of the total cost to each of the five counties in
26 the state with the greatest population, according to the
27 latest official census, or the five municipalities in the
28 state with the greatest population, according to the latest
29 official census, or both, if applicable.
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Florida House of Representatives - 1998 CS/HB 729
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1 (b) An estimate of the impact of the proposed
2 legislation on competition and the open market for employment,
3 if applicable.
4 (c) A preliminary comparison of the probable costs and
5 benefits of the proposed legislation to the probable costs and
6 benefits of not adopting the legislation.
7 (d) A detailed statement of the data and methodology
8 used in making the estimates required by this subsection.
9 (e) An indication of whether the proposed change is in
10 compliance with s. 14, Art. X of the State Constitution.
11 (f) A discussion of options for the means to finance
12 the potential increase.
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14 If any of the requirements analyzed by the economic impact
15 statement is indeterminable or unknown, a notation of such
16 must be made, along with a good faith estimate of the range of
17 the potential fiscal impact, given any degree of certainty,
18 upon each of the local governments affected by the proposed
19 general law. In addition, if the cost is indeterminable or
20 unknown, the legislative staff must within 5 working days
21 after making such determination make available that
22 information to the designated associations of affected local
23 governments and employee organizations that have an affected
24 bargaining unit, in order to avail them of the opportunity to
25 gather or provide any data on such impact. Those associations
26 shall have 5 days from notification to provide the Legislature
27 with their own estimate of the cost of the proposed
28 legislation, which may be included as part of the economic
29 impact statement provided prior to passage.
30 (5) The economic impact statement must be published
31 and made available 4 days prior to the first legislative
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Florida House of Representatives - 1998 CS/HB 729
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1 committee hearing at which the bill is to be considered during
2 the first 45 days of each regular legislative session;
3 thereafter, the economic impact statement must be presented at
4 the first legislative committee hearing at which the bill is
5 to be considered. The economic impact statement must be
6 updated as amended and presented in final form 5 days prior to
7 passage of the bill by the Legislature.
8 Section 2. This act shall take effect upon becoming a
9 law.
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