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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. 12 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, 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 729 171-579-98 1 Be It Enacted by the Legislature of the State of Florida: 2 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. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 729 171-579-98 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. 13 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 729 171-579-98 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4