Medicaid
The Select Policy Council on Strategic and Economic Planning on Monday approved legislation that would dramatically overhaul Florida’s $19 billion Medicaid system, steering almost all of its 2.7 million patients into managed care programs over the next five years. The vote helps set up end-of-session negotiations with the Senate over creating a new Medicaid program, which would differ greatly from the traditional, fee-for-service plans. Democrats joined Republicans in approving the measures almost unanimously after agreeing to withdraw a strike-all amendment that would transform the Medicaid program and require enrollees to use managed care. The dissenting vote was cast by Rep. Porth.
The council heard testimonies for caution from more than 20 health care organizations. Representatives of groups that provide developmentally disabled services, home-health care equipment, and advocate for nursing home residents were among those asking that lawmakers study the plan for another year before acting. Rep. Aubuchon pointed out that the plan already provides a five-year phase-in, with long-term care for the elderly and services for those with developmental problems the last to take effect.
The Senate version of the plan also wants to pursue a federal waiver to craft a Florida-only Medicaid plan, requiring patients to meet co-payments, deductibles and capping payments for some services.
The House version would give HMOs, provider service networks (PSNs) and other managed care plans authority to compete to serve low-income patients, with the state divided into six Medicaid regions. The plan would be phased in over five years, with the first step coming in July when Miami-Dade County would be added to those five counties with managed care.
During House Session on Thursday, a motion was offered to send the two new Medicaid bills, HB 7223 and HB 7225, to committees on health care before they can come to the floor. The measures were written and sent to the floor by a select committee of the House. After a partisan debate, the House voted by voice to reject the motion.
The House then took up HB 7223 related to Medicaid managed care and began a long question period. The House plan drew amendments strengthening the positions of doctors and hospitals fearing income losses tied to the changes. Amendments also sought to offset concerns of organizations representing Florida’s developmentally disabled whose care would fall under managed care programs en masse for the first time. After consideration of several amendments on the Medicaid measure the House rolled the bill to third reading. Democrats seem prepared to join Republicans in supporting the reform, slated for a final vote Monday. The House then returned discussion of Medicaid, taking up a second bill, HB 7225, which, after the adoption of amendments was rolled to third reading. Rep. Denise Grimsley said negotiations with the Senate over its more modest Medicaid plan will consume the session’s closing days.
Pretrial Detention Costs
The House Criminal & Civil Justice Policy Council on Monday approved HB 445- Relating to Pretrial Detention and Release by Rep. Dorworth in a 10-5 vote. The measure that would limit which accused criminals are eligible to participate in certain pre-trial release programs to indigent, non-violent offenders. The dissenting votes came from Representatives Gibson, Robaina, Thurston, Waldman, and Weinstein.
The bill passed over the objections of sheriffs and local government officials who say it will cost local taxpayers money. The bail bond industry supports the bill - saying that people who have the money to pay for a bond ought to have to do so, rather than having that requirement waived for them to participate in a local pre-trial intervention program for which the county would then charge a fee.
While the measure now goes to the House floor, a companion measure, SB 782 sponsored by Sen. Thrasher, is pending before the Senate Criminal Justice Committee, and Thrasher said it's likely to die there. He wants to try to compromise with those opposed to the bill and bring a new proposal to the 2011 session.
Retirement
The Senate Criminal Justice Committee on Tuesday heard SB 1932 by Sen. Altman. The bill creates the ”Adam Pierce Act,“ which revises the definition of ”special risk member“ to provide that any Florida Retirement System (FRS) member employed in the categories of law enforcement, firefighting, and criminal detention positions that suffers a disability in the line of duty through a qualifying injury may continue membership in the FRS Special Risk Class, even if employed in a position which would not otherwise qualify for Special Risk membership, if such member continues to work for the same employer for whom they were working when they sustained the qualifying injury. No amendments were filed and the bill was passed unanimously by the committee.
The Senate Governmental Oversight and Accountability Committee heard SB 612 by Sen. Baker. The bill provides that certain Special Risk Class members who have a rank or equivalent rank of captain or below at the beginning of participation in Florida Retirement System Deferred Retirement Option Program (DROP), may participate in DROP for an additional 36 months beyond the 60-month period. The bill also states that any retiree or employer that violates these provisions will be jointly and severally liable for reimbursement to the Florida Retirement System (FRS) trust funds, and will cause the retiree‟ retirement application to be voided. No amendments were adopted and the bill was reported favorably.
The Senate Ways and Means Committee on Thursday heard CS/CS/SB 1078 by Sen. Ring. A committee substitute was adopted which does the following:
The bill as amended was reported favorably by the committee.
The House Economic Development & Community Affairs Policy Council on Friday heard HB 1193 by Rep. Plakon. The bill revises the definition of ”special risk member“ to include FRS members who suffer from a qualifying injury and are no longer capable of being employed in a Special Risk Class eligible position. Any member employed in a law enforcement, firefighting or criminal detention position who suffers a qualifying injury in the line of duty could continue membership in the FRS Special Risk Class. However, such member must continue to work for the same employer for whom they were working when they sustained the qualifying injury. No amendments were filed and the bill was reported favorably by the committee.
Seaports
The Senate Banking & Insurance Committee on Tuesday heard CS/SB 1992 by Sen. Ring. The bill creates the ”Florida Ports Investment Act,“ which incentivizes private investors who invest in seaport infrastructure projects by offering $100 million in insurance premium tax credits. The tax credits will be awarded to individual investors in an amount equal to their investments. This return is in addition to any interest earnings the investors make on profitable investments in seaport projects. No amendments were filed and the bill was passed unanimously by the committee. Senator Jeremy Ring has been working with Senate leadership and Senate staff to remove the bill from the next two committee stops (Transportation and Finance and Tax Committees) and amend the bill in Senate Ways and Means. It has been placed on the agenda in the Senate Transportation Committee for Monday, April 19, if received and not withdrawn.
CS/CS/HB 963 was heard in the House Economic Development and Community Affairs Council on Friday. One technical amendment was made to the funding flexibility language essentially clarifying that this flexibility is not exempt from the work program and legislative budget amendment process, but reduces the review process timeframe; the bill passed unanimously. The House bill is now available for vote by the full House next week.
CS/CS/CS/SB 2000 was heard in the Senate Transportation and Economic Development Appropriations Committee on Tuesday. The Senate Bill was amended to make it identical to the amended House Bill – including the match reduction to 25 % for berth rehabilitation projects and the technical changes to the permitting language. The bill is next scheduled for a hearing in the Senate Policy and Steering Committee on Ways and Means on Tuesday, April 20. It is expected that the Senate will make the same technical amendment described above on Tuesday, and make the bill available for a vote by the full Senate next week.
Golf Carts
The Senate Transportation Committee on Tuesday heard SB 2448 by Sen. Bennett. The bill authorizes local governments to enact ordinances allowing vehicles, golf carts, mopeds, and motorized scooters to be operated on sidewalks and sidewalk areas. It also allows the use of motorized wheelchairs on sidewalks and bicycle paths. DOT raised the issue that federal law may prohibit motorized vehicle use on certain roads. That concern is likely to be addressed at the next committee stop. No amendments were filed and the bill was passed unanimously by the committee.
Agriculture
During Session on Tuesday, the House took up HB 69 on second reading and substituted the Senate bill, SB 350, related to tomato safety. The measure was rolled to third reading with no discussion. With no debate, the House on Thursday passed the bill 114-0, sending it to Gov. Crist.
The Senate Finance & Tax Committee on Tuesday heard CS/SB 2074 by Sen. Peaden. The bill does the following:
* Prohibits counties from enforcing any regulations on land classified as agricultural if the activity is regulated by best management practices, interim measures, or regulations adopted as rules under chapter 120, F.S.
* Prohibits counties from imposing an assessment or fee for stormwater management on land classified as agricultural if the operation has a National Pollutant Discharge Elimination System permit, an environmental resource permit, a works-of-the-district permit, or implements best management practices.
* Allows a county to enforce its wetland protection acts adopted before July 1, 2003.
* Creates the Agricultural Land Acknowledgement Act to ensure that agricultural practices will not be subject to interference by residential use of land contiguous to agricultural land.
* Requires an applicant for certain development permits to sign and submit an acknowledgement of certain contiguous agricultural lands as a condition of the political subdivision issuing the permits.
No amendments were filed and the bill was passed unanimously by the committee.
The Senate General Government Appropriations Committee on Tuesday heard CS/CS/SB 2182 by Sen. Alexander. The bill prohibits the denial of an agricultural classification on land if the only changed circumstance is that the land has been offered for sale, and applies this prohibition retroactively to all parcels for which a final court order has not been entered. It also specifies an assessment methodology for agricultural improvements, structures, or equipment on agricultural land that are used as a natural resource conservation practice or to implement best management practices. The bill also provides that the Citrus and Research Development Foundation, Inc., shall serve as
the advisory council for a citrus research marketing order and amends the box assessment for citrus fruit to an assessment not to exceed the amount included in the marketing order and requires the funds to be deposited into the appropriate trust fund instead of the General Inspection Trust Fund. Finally, the bill removes language that limits research projects to citrus diseases. The bill as amended was reported favorably by the committee.
The House General Government Policy Council on Wednesday heard HB 7103 by the Agriculture and Natural Resources Committee. The bill prohibits, with some limited exceptions, counties from imposing an assessment or fee for stormwater management on land classified as agricultural if the agricultural operation has a National Pollutant Discharge Elimination System (NPDES) permit, an environmental resource permit (ERP), a works-of-the-district permit, or implements best management practices
(BMPs). The bill also prohibits counties from enforcing any regulations on land classified as agricultural if the activity is regulated by BMPs, interim measures or regulations. The powers of a county to enforce applicable wetland protection
ordinances, regulations or rules adopted prior to July 1, 2003, are not limited by the provisions of the bill. One amendment was adopted. The amendment, relating to stormwater management, clarifies that the credits relate to the water quality or flood control benefits of the best management practices. The bill as amended was unanimously passed by the committee.
The Senate Community Affairs Committee on Wednesday heard CS/SB 382 by Sen. Dean. The bill, among other provisions requires that the agricultural use of land present at the time of fee simple acquisition be given priority regarding the management of the land and authorizes local governments to adopt more stringent standards for fertilizer usage than those contained in the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. A committee substitute was adopted that changes dates relating to training requirements for certain licensees and adds hazardous fuels to the list of prescribed broadcast burning. The bill as amended was reported favorably by the committee.
The Senate Ways and Means Committee on Thursday heard SB 1956 by Sen. Baker. The bill repeals section 581.1845, Florida Statutes, relating to citrus canker eradication, and removes all references to the Citrus Canker Eradication Program from the Florida Statutes. No amendments were filed and the bill passed unanimously. The bill will go to the floor now for a full vote.
Landfills
During Session on Tuesday, the House took up HB 569 allowing yard trash to be deposited in certain landfills which are designed to capture methane gas for energy production. The House took up an amendment by Rep. Zapata exempting landfills in certain counties, municipalities and special districts. The amendment was adopted and the bill was rolled to third reading. On Thursday the House took HB 569 up on third reading. The bill passed 110-5. Representatives Bullard, Bush, Cruz, Pafford, and Rader voted against the bill.
Growth Management
During Session on Tuesday, the House took up and rolled to third reading with no debate HB 7099 related to last year's growth management bill, specifically dealing with lawsuits over permitting and transportation concurrency. On Thursday the House took HB 7099 up on third reading and the bill passed unanimously.
Municipal Police Pension Funds
The Senate General Government Appropriations Committee on Tuesday heard SB 2106 by Sen. Ring. The bill allows closed local law pension plans with five or fewer members under the Municipal Police Officers’ Retirement Trust Fund to use state premium tax revenues to repay any advance payments made by the municipality to purchase annuities to fund accrued liabilities. No amendments were filed and the bill was passed unanimously by the committee. The bill is now awaiting its last committee hearing in Ways & Means.
Transportation
The Senate Transportation and Economic Development Appropriations Committee on Tuesday heard SB 2362 by Sen. Gardiner. The bill, among other provisions, allows counties served by a regional transportation or transit authority to levy up to a 1% discretionary sales surtax for transportation systems by majority vote of the county electorate. The bill was reported favorably by the committee.
The Senate Community Affairs Committee on Wednesday heard SB 1842 by Sen. Bennett. A committee substitute was adopted. The committee substitute requires FDOT to provide notice to all property owners affected by any FDOT project that modifies access to the roadway. Additionally, FDOT’s notice must provide a written explanation regarding the need for the project and indicate that all affected parties will be given an opportunity to provide comments to the FDOT regarding the potential impacts of the project. The bill also requires FDOT to consult with the local government on its final design proposal if the department intends to divide a state highway, erect median barriers, or close or modify existing access to abutting commercial business properties. The local government may also present alternatives which would relieve the impacts to the business properties. The bill also requires FDOT to hold at least one public hearing in the jurisdiction where the project is located and receive public input. The bill as amended was reported favorably by the committee.
Red Light Bills
The House Finance & Tax Council on Wednesday heard CS/HB 325 by Rep. Reagan. The bill authorizes counties and municipalities to enact ordinances permitting the use of traffic infraction detectors and specifies the required content of the ordinance. The bill also grants counties and municipalities (and their agents) access to DOT right-of-way to install and operate traffic infraction detectors. Finally, the bill provides a complaint process for complaints that a county or municipality is employing traffic infraction
detectors for purposes other than the promotion of public health, welfare, and safety or in a manner inconsistent with the law. Two amendments were adopted in Committee.
One was a strike all amendment that mirrored the bill closely to the Senate version. The second amendment made it illegal for governments to issue tickets for illegal right turns on red. The bill as amended was reported favorably by the committee with a 12-1 vote. Rep. Snyder voted against the bill. The bill will now go to the floor of the House for final consideration.
The Senate Community Affairs Committee on Wednesday heard the Senate companion to HB 325, SB 2166 by Sen. Altman. A committee substitute was adopted and the bill was reported favorably with a vote of 8-1. Sen. Garcia voted against the bill.
The House Economic Development & Community Affairs Policy Council on Friday heard HB 1235 by Rep. Schenck. The bill prohibits the use of traffic infraction detectors and cameras by counties and municipalities to enforce traffic laws and preempts to the state the use of traffic infraction detectors to enforce traffic laws. No amendments were filed and the bill was reported favorably by a vote of 10-5. Representatives Glorioso, Hooper, Kriseman, Long, and Geraldine Thompson voted against the measure.
Numeric Nutrient Criteria
The House General Government Policy Council on Wednesday heard two House Memorials on Numeric Nutrient Criteria from Representatives Zapata and Legg. The memorials urge the United States Congress to encourage the United States Environmental Protection Agency to work closely and collaboratively with the State of Florida to establish numeric nutrient criteria for the state's waters. A strike-all amendment was adopted to HM 1589 and the council accepted the two memorials as a council substitute to send to Congress.
Consumptive Use Permits
The House General Government Policy Council on Wednesday heard HB 7175 by the Agriculture and Natural Resources Committee. The bill does the following:
No amendments were filed and the bill was passed unanimously by the committee.
Water Conservation
The House General Government Policy Council on Wednesday heard HB 7177 by the Agriculture and Natural Resources Committee. The bill removes the comparison between the utility’s plan and the water management districts’ adopted water conservation requirements. In its place the bill requires a goal-based water conservation plan submitted by a utility be designed to achieve the water conservation goal or goals in a cost-effective manner, considering the utility’s customers, service area, and other individual circumstances of the utility. A strike-all amendment was adopted and the bill as amended was reported favorably by the committee.
PACE Bill
The House General Government Policy Council on Wednesday heard HB 7179 by the Energy & Utilities Policy Committee. The bill provides authority for local governments to finance energy efficiency and renewable energy improvements, and changes or improvements made for the purpose of improving a property’s resistance to wind damages for property owners that wish to participate in this financing program on a voluntary basis. It also authorizes local governments to levy a non-ad valorem assessment for such improvements that shall be repaid through an assessment, a municipal or county lien, or other lawful method. Finally, the bill grants local governments the authority to issue debt, payable from revenues received from the improved property, and to partner with one or more local governments for the purpose of providing such improvements. No amendments were filed for the bill, but Rep. Crisafulli noted he would like to see the special districts language back in the bill. Rep. Precourt says he is working on that. The bill passed unanimously and is ready for the House floor.
Recycling
The House General Government Policy Council on Wednesday took up their Recycling PCB. The PCB does the following:
The PCB was reported favorably and submitted as a council bill. The PCB has been filed as HB 7229.
The Senate Community Affairs Committee on Wednesday heard CS/SB 570 by Sen. Constantine. A committee substitute was adopted that does the following:
The bill as amended was reported favorably by the committee.
Energy
The Senate Communications, Energy and Public Utilities Committee on Wednesday heard SB 1186 by Sen. Bennett. The bill increases the amount of renewable energy used by Florida power companies without requiring them to do so. Like the House, the SB 1186 calls for a package of incentives for the state to invest up to $7.5 million in renewable energy that would allow utilities to recover costs for electricity produced by technologies such as solar, wind and biomass. And, again like the House, it does not include a firm renewable energy standard like the increase of 20 percent by the year 2020 previously recommended by the Florida Public Service Commission. As originally filed, SB 1186 simply withdrew a requirement that the PSC come up with a renewable standard. The incentives were added as part of strike-all amendment that contained a less ambitious renewable program that did not include mandates.
The bill received backing from several business groups and firms that said the bill would quickly spur the growth of solar and other renewable energy technologies in Florida. SB 1186 was approved by the committee 8-1. Sen. Fasano voted against the measure, saying utility customers will pay the cost for the renewable energy investments by utilities.
Oil Drilling
The House Select Policy Council on Strategic & Economic Planning heard another round of oil drilling testimony on Wednesday. The council heard a presentation from Willis Structured Risk Solutions on a report that examined the risk of oil spills. Willis representatives described the potential reserves as uncertain and the risks as minimal compared to the 275 million barrels of petroleum products shipped each year into Florida ports.
Chairman Cannon said that he expects to have a draft committee bill on Thursday that would lift the ban on drilling for oil and gas in state waters. The proposed bill is likely to be discussed on Friday and a committee vote could occur then. The bill would not authorize drilling but would establish parameters for where the governor and Cabinet could permit drilling.
The House Select Policy Council on Strategic & Economic Planning on Friday formally issued a report on offshore oil-drilling but stopped short of seeking a controversial, election-year floor vote on the measure. The report requires the governor and Cabinet twice a year to offer lease sales for oil and gas exploration. The Cabinet must defer to the U.S. Secretary of Defense to determine if there are any potential conflicts with current or future military activities. The report intends to prevent rigs from being visible from the shore by banning permanent structures within six miles. Temporary rigs would be allowed for up to one year within three miles of the shore.
The report also requires a $1 million fee for the nomination of a lease area and a $500 million surety bond or line of credit is required for producing oil and gas. Before an exploration or production permit is issued, companies must submit environmental assessments that include commercial fishing, sensitive biological resources including sea turtles and marine mammals, and threatened and endangered species. Companies also must submit plans for dealing with waste processing and oil spills.
House Speaker-designate Dean Cannon has conceded that there is no interest in the Florida Senate in revisiting the issue of oil-drilling in Florida’s coastal waters. Rep. Keith Fitzgerald praised Cannon and the council for taking its time on the issue. Still, some council members, Reps. Seth McKeel, and Steve Precourt, said they were ”disappointed“ in the Senate’s unwillingness to consider the legislation this spring. Organizations testifying before the council Friday divided pro- and con-. Associated Industries of Florida and the Florida Petroleum Council touted the push toward drilling, and Sierra Club and Florida Wildlife Federation among those warning ag
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