Summary of Florida legislature activities, weeks one and two

This is the legislative summary an independent firm prepares and sends to Manatee County Commissioners. It's good to keep an eye on Tallahassee.

Session Week 1 Summary- March 1-5, 2010

House Select Policy Council on Strategic & Economic Planning

On March 1st, the Council heard from a national marine sanctuary manager who said oil drilling is not incompatible with the protection of coral reefs. After the presentation, Rep. Cannon told council members they would be given a list of policy questions on Friday related to drilling so that they can provide feedback. The public will be asked to provide comments by March 15. He also dismissed a Collins Center for Public Policy draft report suggesting that drilling would do little to reduce the nation's dependency on foreign oil or reduce the price of gas at the pump.

Legislation to allow oil and gas exploration and drilling in Florida's waters may not emerge until midway through the two-month legislative session. Rep. Cannon told reporters after the meeting that it's premature to say when legislation could be introduced.

House Civil Justice & Courts Policy Committee

On March 1st the committee heard HB 513- Relating to Mobile Home Park Tenancies, by Rep. Horner. Rep. Horner introduced a strike-all amendment to the bill which requires that, at the beginning of the 6 months eviction period, and if the tenants have created an association, the park owner must offer to sell the park to the association. The strike-all also requires the Florida Housing Finance Corporation to develop a program to assist such associations with financing. The strike-all was adopted by the committee and was voted out favorably. Rep. Grady cast the only dissenting vote.

Opening Day of Session

House Speaker Larry Cretul, R-Ocala and Senate President Jeff Atwater, R-North Palm Beach, both outlined some of their priorities on opening day. Cretul asserted that the House would not put together a budget based on a "wink and a prayer," while Atwater said the Senate would concentrate on job development, education reform and cracking down on fraud

The Senate immediately took up CSSB 1666, which would delay for two years a coming increase in unemployment compensation taxes. A House version of the measure passed that chamber earlier in the day, and the Senate substituted the House-passed version (HB 7033). The bill also extends benefits for eight additional weeks. The measure is one of the top priorities of the business community. Without the bill, the increase would be effective April 1. Currently, the state is borrowing money from Washington to pay unemployment benefits because the state’s unemployment trust fund is empty. With passage of the bill, the state would essentially continue to borrow money the feds to pay benefits. Sen. Tony Hill argued that the Legislature also ought to modernize the system for paying benefits – which would mean some workers who don’t currently qualify for benefits would qualify. Hill said he’s been assured by Garcia that his committee will also look at that issue, though backers of the idea didn’t try to get it included in the bill on Tuesday. The measure passed 39-0, sending it to Gov. Charlie Crist who has said he will sign it.

The Senate then took up a measure dealing with ethics changes for the Public Service Commission, following a scandal at the regulatory panel last year. The bill (SB 1034), sponsored by Sen. Mike Fasano, R-New Port Richey, was amended to restore some language that had been inadvertently dropped. Sen. Al Lawson explained an amendment to reduce the four-year ban on post service lobbying for PSC staff and commissioners in the bill. Lawson wanted the waiting period changed from four years to two years, noting that legislators only have to wait two years before lobbying. Fasano argued against the amendment, which was voted down on a voice vote. The measure was then rolled to third reading, putting it in place for final passage as early as Wednesday.

Senate Governmental Oversight and Accountability Committee

On March 2nd the committee heard SB 1078- Relating to State Financial Matters, by Sen. Ring. A committee substitute was adopted for SB 1078 which expands the authority of the Board to purchase debt securities issued incidental to federal law changes authorizing infrastructure and school facility construction bonds. CS for SB 1078 was voted favorably out of committee.

Senate Military and Domestic Security Committee

On March 2nd, the committee took up SB 126. The bill addresses land previously used as a military facility which is undeveloped and which the Federal government has declared surplus within the preceding 20 years in the definition of ”blighted area“ for purposes of the Community Redevelopment Act. There were no amendments and the bill passed unanimously out of the committee.

The committee also heard SB 1972- Relating to Veterans, by Sen. Aronberg. This bill amends certain sections of the Florida Statutes to further define the eligibility criteria and policy for admittance to the state’s veterans’ homes. There were no amendments and the bill passed unanimously out of the committee.

House Governmental Affairs Policy Committee

On March 3, the Committee reported HB 131 favorably as a committee

substitute. The committee substitute addresses changes in Florida law needed to conform to the Military and Overseas Voter Empowerment Act and to encourage optimum election participation of Florida's absent uniformed military and overseas voter. The committee substitute differs from the original bill in the following ways:

      Adds a definition of "absent uniformed services voter" and amends the definition of "overseas voter" to conform to federal changes.
   
      Requires the supervisor of elections to notify the absent uniformed services voter and overseas voter of the free access system for determining absentee ballot status. This is to be done when a request for an absentee ballot is received.
   
      Requires that no later than 45 days (now 35 days in Florida law) before each election the supervisor of elections shall send an absentee ballot as requested.
   
      Provides that the voter designate in the absentee ballot request the method of transmission: forwardable mail, e-mail, or facsimile machine transmission. If not designated, it will be mailed.
   
      Authorizes the Department of State to prescribe rules for a ballot to be sent to absent uniformed services voters and overseas voters in the event that the department is unable to certify candidates for election in time to meet the 45 day timeframe.
   
      Deletes from the bill revisions to s. 101.697, F.S.
   
      Corrects cross-references.

Senate Finance & Tax Committee

On March 3rd, Finance & Tax had 3 bills of interest on its agenda: SB234, SB 344, and SB 690.

A committee substitute was adopted for SB 234, relating to Excise Tax on Documents/Short Sale. The committee substitute differs from the bill in that it removes the first sentence of proposed subsection (11) as unnecessary language, simplifies the description of the parties that may engage in a short sale, thereby making a grant of rulemaking authority

unnecessary. CS for SB 234 was passed favorably out of committee.

SB 344, relating to Communications Services Taxes/Credit for Bad Debt, authorizes dealers to report a credit for bad debt by netting the credit against the tax due. It also authorizes dealers to use a proportionate allocation method or other reasonable method in determining the amount of bad debt attributable to the state or local jurisdiction. The bill did not have any amendments filed and was passed favorably out of committee.

SB 690, relating to Local Government Accountability, was temporarily postponed by the committee.

House Military & Local Affairs Policy Committee

HB 665 passed by a unanimous vote in this committee on March 3rd. The bill, sponsored by Rep. Aubuchon, would repeal a 2006 law that placed a $243 million cap on the trust fund. The measure requires that affordable housing funds be spent on existing homes, a provision that backers say will allow state dollars to be used to buy down the inventory of existing homes. The Florida Housing Coalition is in strong support of this bill.

HB 829, Relating to Local Government, was amended in the Committee upon adoption of a proposed committee substitute. The bill as amended authorizes boards of county commissioners to negotiate the lease of county property for a term not to exceed 5 years rather than going through the competitive bidding process. It also allows government entities to transfer title to a road by recording a deed with the county or counties in which the right-of-way is located. The bill was passed favorably out of committee.

House Economic Development & Community Affairs Policy Council

On March 3rd the Council heard HB 313 and HB 7021. HB 313, relating to Disabled Veterans' Property Tax Discount, proposes an amendment to s. 6, Art. VII & creation of s. 31, Art. XII of State Constitution to expand availability of property tax discount on homesteads of veterans who became disabled as result of combat injury to include those who were not Florida residents when they entered military & schedule amendment to take effect January 1, 2011. There were no amendments filed on the bill and it was reported favorably out of the committee. HB 7021, relating to Government-Sponsored Health Insurance, repeals the Florida Employee Long-Term-Care Plan Act and provisions relating to health insurance for retirees under FRS, gives authority to DMS to initiate and supervise group insurance programs for active members of FHP Auxiliary, & participation by correctional work programs nonprofit corporation in state group health insurance & prescription drug programs. There were no amendments filed on the bill and it was reported favorably out of the committee.

House General Government Policy Council

 On March 3rd the Council heard HB 1013, relating to Citrus Canker Eradication. The bill repeals provisions relating to citrus canker eradication program and payment of compensation to eligible homeowners whose citrus trees have been removed under program. There were no amendments filed on the bill and it was reported favorably out of the committee. The bill will now be placed on the Special Order Calendar.

 House Finance & Tax Council

 On March 3rd, the Council heard HB 109, relating to Excise Tax on Documents. The committee adopted the committee substitute offered for HB 109, which removed redundant language and clarified that the releasing mortgagee is not controlled by or related to the grantor or the grantee in Section 1. The amendment also removed unnecessary rule-making authority provided to the Department of Revenue in Section 2. CS for HB 109 was reported favorably by the committee.

 The Council also held a workshop on Hotel Intermediaries and Transient Rental Taxation. Rep. Long and Rep. Patronis had bills filed on this issue, and the committee held the workshop to try and determine which bill would be heard. Rep. Patronis’ bill (HB 1241) revises requirements for charging, collecting, & remitting transient rentals & convention development taxes, provides requirements for separate statement of taxes on rental documents, and authorizes DOR to compensate county governments for providing specified information to DOR. Rep. Long’s bill (HB 335) expands description of specified business activities relating to transient rental accommodations subject to specified transient rental taxation requirements, requires specified persons to register with DOR & report & remit tax on specified transient rentals, and requires DOR to provide amnesty for specified unpaid taxes, penalties, & interest. The Council did not make a final determination immediately after the workshop, but will hear one of these bills in the coming weeks.

 House Energy & Utilities Policy Committee

The committee heard HB 691- Relating to Underground Facility Damage Prevention & Safety. The committee adopted a strike-all amendment to the bill, with one amendment to the amendment, and incorporated these amendments into a committee substitute for the bill. These amendments:

      Identify specific limits on local governments’ power to adopt and enforce ordinances or rules that conflict with Chapter 556, F.S.; and
   
     Consolidate into a new statutory section various provisions of the original bill that establish procedures related to incidents involving damage to high-priority subsurface installations, and establish procedures for hearings at the Division of Administrative Hearings regarding such incidents.

 Senate Commerce

 On March 3rd this committee heard 2 bills of interest, SB 310 and SB 1680. SB 310, relating to Pub. Rec./Proprietary Confidential Business Info., provides that proprietary confidential business information held by an agency is confidential and exempt from public records requirements. IT also authorizes any person to petition a court for the public release of those portions of a record made confidential and exempt by the act. There were no amendments filed on the bill and it was reported favorably by the committee.

A committee substitute was filed and adopted for SB 1680, relating to Corporate Income Tax. The PCS reduces the corporate income and franchise tax rates to 4.5 percent on the first $1 million in net income for the taxable year for taxpayers, and 2.7 percent on the first $1 million in net income for the taxable year for businesses that compute their taxable income using the alternative minimum tax formula. It also creates a partial rollback in the corporate income and franchise tax rates retroactive to January 1, 2010. The bill was then reported favorably out of the committee.

Senate Transportation

On March 3rd, the committee heard SB 1142, relating to Public Records/Competitive Solicitations. The bill provides that sealed bids, proposals, or replies in response to an invitation to bid, a request for proposals, or an invitation to negotiate issued for construction of a public-private transportation facility are exempt from the public records law. It also provides exemption from public meetings law for meetings of a governmental entity at which vendors make presentations or answer questions regarding a sealed bid, proposal, or reply to a solicitation. No amendments were filed and the bill was passed favorably by the committee.

Senate Criminal Justice

The committee took up SB 212, relating to Claims/Law Enforcement and Correctional Officers. A committee substitute was adopted which provides that the presumption that a disability was incurred in the line of duty by a Special Risk Class employee is lost if the employee does not make a claim before leaving employment. CS for SB 212 was reported favorably by the committee.

Senate Health Regulation

SB 1474 cleared the Health Regulation Committee 5-2. Sen. Dennis Jones and Senate Democratic Leader Al Lawson of Tallahassee opposed the measure. The legislation caps at $100,000 per incident claims against emergency health care providers – giving them the same legal protections as public employees and institutions. Any legal awards beyond that level would have to be approved by the Legislature. The bill also extends sovereign immunity to health care providers, including the 205 hospitals in the state with emergency rooms, that provide emergency services--as well as providers that transport patients with emergency conditions. It also applies to nurses, laboratory technicians and many others according to professional committee staff who described the bill as "broad."   Emergency room doctors, staff and even ambulance drivers would be shielded from deep-pocket lawsuits under the legislation. Several doctors testified in favor of the legislation saying it would help improve health care access in emergency departments by eliminating the risk of lawsuits.

The identical bill, HB 791, sponsored by Rep.  Renuart and Rep. Tobia, R-Melbourne, has its next stop in the House Health Care Regulation Policy Committee.

Senate Communications, Energy, and Public Utilities Committee

The committee heard SB 982 and SB 1206. SB 1206, relating to Property Tax Exemption/Renewable Energy, proposes amendments to the State Constitution relating to the property tax exemption for a renewable energy source device and the property on which the device is installed and operated. No amendments were filed for the bill and it was passed favorably by the committee.

A committee substitute was passed for SB 982 which heightens the penalties for violations of the Underground Facility Damage Prevention and Safety Act. The bill also requires Sunshine State One-Call of Florida, Inc., to create a voluntary alternative dispute resolution program. CS for 982 was passed favorably by the committee.

Senate Community Affairs

The committee passed SB 1742 but only after Sen. Bennett offered an amendment to remove language dealing with last year's controversial growth management bill. Bennett had initially placed in the bill a provision that attempted to overturn a Department of Community Affairs interpretation of SB 360.

That law, which environmentalists, cities and counties opposed, removed requirements that developers pay for roads and schools in cities and counties designated as "dense urban land areas." But after the bill passed last year, DCA Secretary Tom Pelham said the requirement did not apply to local requirements for transportation "concurrency." Bennett tried to change that by putting in a bill this year stating that state or local concurrency ordinances do not apply in those dense urban land areas.

But Bennett on Thursday said he did not want to jeopardize the broad support for SB 1742, which he said is intended to encourage "transit-oriented" developments. Those are developments that are intended to reduce greenhouse gas emissions by reducing vehicle trips. He said he will continue discussions with DCA on legislation to address last year's growth management law.

The committee also heard SB 1130, SB 664, SB 1410, and SB 1380. SB 1130, relating to the Local Government Revenue Intercept Act, provides that a local government may authorize by resolution or ordinance the DOR to intercept certain revenues in order to replenish the debt service reserve or other payment for local government bonds. It also provides certain requirements for such resolution or ordinance. Four technical amendments to the bill were adopted and the bill as amended was reported favorably by the committee.

A strike-all amendment was adopted without objection to SB 664. The bill as amended tolls the statute of limitations relating to proceedings involving tax lien certificates or tax deeds by the period of an intervening bankruptcy, revises provisions relating to applications for tax deeds, revises conditions for the escheat of property to a county, deletes bid requirements relating to the purchase of homestead property at public auction, and limits the circumstances under which a tax deed sale may be cancelled. The Florida League of Cities spoke in support of the strike-all and bill. The bill was reported favorable with CS by the committee.

SB 1410 and SB 1380 both relate to Assessment of Residential Property. SB 1410 defines the term "renewable energy source device." It also prohibits a property appraiser from considering the installation and operation of a renewable energy source device in determining the assessed value of residential property. Finally, the bill deletes the definition of the terms "renewable energy source device" and "device" for purposes of ch. 196, F.S., relating to property tax exemptions. SB 1380 defines the terms "changes or improvements made for the purpose of improving a property's resistance to wind damage," "existing residential structure," and "new residential structure." It prohibits a property appraiser from considering such changes or improvements in determining the assessed value of residential property and provides for application. The Florida Realtors spoke in support of both bills and both were reported favorably by the committee.


Session Week 2 Summary- March 8-12, 2010

Legislative Committee on Intergovernmental Relations

The committee heard an update from DEP on the Numeric Nutrient Rules proposed by the U.S. Environmental Protection Agency for Florida waters, which have been highly controversial. The business community is largely trying to stop the rules from being finished; environmentalists say they need the feds to determine pollution levels for state waters because DEP hasn’t. DEP’s Environmental Assessment and Restoration Director Jerry Brooks told the committee that the department was not opposed to Numeric Nutrient Rules proposed by the U.S. Environmental Protection Agency, which have been highly controversial, for all state waters. But when it comes to streams, Brooks told the panel of state and local elected officials that is where the federal proposal and DEP are at odds. DEP has argued that in some instances, "narrative" standards, which are enforced on a case-by-case basis, would be more appropriate than the EPA proposal to set firm limits on the amount of pollution in state bodies of water containing the chemicals phosphorous and nitrogen. Brooks also told the panel that if the numeric standards the EPA has been holding public hearings about across the state become law, 25 to 30 percent of Florida ”most pristine“ waters would not be in compliance. He added that DEP’s stance was based on individually review state waters, while EPA focused on samples from specific locations, which he said did not paint as complete a water picture. Rep. Patronis and others on the panel agreed with DEP’s remarks. Members of the panel representing local governments appeared to agree with EPA’s stance in the water fight too. The panel also heard a draft report on last year’s bills and how they affected local governments.

Joint Legislative Auditing Committee

The Joint Legislative Auditing committee heard a presentation by the Auditor General on financial trends identified in local governmental entity audit reports and annual financial reports and other issues. The Auditor General's Report identified three basic trends in local government financial reporting and financial emergencies gleaned from the 2008 reports (2009 reports not yet due):

(1) CDDs are reporting serious financial difficulties.  Many reported reserved fund balance deficits, failure to make bond payments or payments made from reserves, bankruptcy and foreclosure.  (The number of local government entities reporting deteriorating financial condition has jumped 38%, mostly due to CDDs).

(2) Decline in property tax rates (from '06 to '08) due to declines in real property market and legislative changes.

(3) Local government entities continue to report with insufficient detail for the Auditor General's office to properly categorize factors that may lead to a financial emergency.

The committee then heard a presentation specifically on CDD difficulties from Kathy Dubose, Staff Director.

Public Safety and Domestic Security Policy Committee

The committee heard HB 445, Relating to Pretrial Detention and Release. No amendments were filed on the bill and it passed out of the committee with a unanimous vote. The bill will move on to the Criminal & Civil Justice Appropriations Committee next.

Health Care Regulation Policy Committee

The committee heard CS/HB 325- Relating to Uniform Traffic Control by the Roads, Bridges & Ports Policy Committee and Rep. Reagan. The bill sets up a statewide standard for cameras and allows them to be used to hit drivers with traffic fines. While it would standardize the equipment statewide, it grandfathers in those cameras already in use. It would create a uniform fine, however. That fine would be $155, $75 of which would be kept by the local government with $55 going to the state's general fund and the rest going into a Department of Health Trust fund that would go to various health care needs, primarily in hospitals. The main beneficiary would be trauma centers, with the idea that they treat a lot of the victims of car crashes.

There were 3 amendments offered to the bill which stripped the language in the bill that funds trauma centers at the request of committee staff. A large majority of the committee members disagreed with deleting the provision and voted down the first amendment. Rep. Reagan agreed that the amendments would not help the bill move forward so he withdrew the remaining two amendments and the bill passed unanimously out of committee with the trauma center language in tact.

The measure now goes to House Finance and Tax. A similar Senate bill (SB 294) hasn't yet been heard in committee.

House Session

The House took up a series of repealer bills, deleting outdated commissions, language and laws from the statutes. All were on second reading. The following bills were rolled to third reading, read a third time, and passed out of the House:
 

      HB 1013 related to the citrus canker eradication program, the old program, now defunct, under which the state paid homeowners compensation for taking their citrus trees in the war on canker   

      HB 7005 related to an obsolete renewable energy property tax exemption.
   
      HB 7047 repealing provision relating to efficiency and accountability in local government services. HB 7049 repealing a law dealing with recreation centers.
   
      HB 7059 deleting certain references to the Department of Community Affairs

Senate Agriculture

This committee on Tuesday took up SB 2074 and SB 2182, both Relating to Agriculture. SB 2074 prohibits a county from enforcing certain limits on the activity of a bona fide farm operation on agricultural land under certain circumstances, creates the "Agricultural Land Acknowledgement Act," and 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. A committee substitute for Senate Bill 2074 was adopted by the committee. It is different from SB 2074 in that it:
 

      Re-formats Section 1, but makes no substantive changes.

      Changes a date on line 150 of the committee substitute. A county’s powers would not be limited to enforce wetlands, springs protection, or stormwater ordinances, regulations, or rules adopted before July 1, 2003, rather than January 15, 2009.
   
      Re-formats Section 6 and adds examples of structures that the term ”nonresidential farm building“ would include.

SB 2182 clarifies that land that is classified as agricultural retains that classification when offered for sale, provides that the Citrus Research and Development Foundation shall provide advice to the DOACS with respect to citrus research marketing orders, and revises the assessment rate on citrus fruit. A committee substitute was also adopted by the committee for this bill. CS/SB 2182 differs from SB 2182 in that it provides authority for the DEP, in consultation and agreement with DACS and FWCC, to develop and implement a general permit program that will allow applications of pesticides to state waters for aquatic weed control and mosquito control purposes and it directs DEP to enter into agreements with DACS and FWCC to ensure uniform regulation of pesticides to waters of the state.

Senate Community Affairs

On Tuesday, the Senate Community Affairs Committee passed Sen. Dave
Aronberg’ s SB 1980, which would allow counties the ability to increase from
$500 to $1,000 the maximum fine resulting in the violation of a specific county
ordinance imposing standards of conduct and disclosure requirements. In
addition, it would also allow for the increase in penalty from up to 60 days in
county jail to 1 year in county jail.

At present, violations of county ordinances, including violations of local ethics
ordinances, are generally punishable by a fine of up to $500 and 60 days in
jail. This increase would enable counties to toughen standards and enhance
penalties for local officials who violate the public trust.

The House companion by Rep. Kevin Rader, HB 1301, is on the agenda to be
heard in the House Military and Local Affairs Committee.

Senate Environmental Preservation and Conservation Committee

A committee substitute for SB 570, a shell bill related to recycling, was taken up on March 9th by the committee. The bill was introduced by Sen. Constantine, the committee chairman. Chairman Constantine withdrew the committee substitute, temporarily postponed the bill, and then held a workshop.  The committee still has concerns about the committee substitute as written, but will most likely bring it back for consideration next week.  The workshop consisted of public testimony from different interests on what they would like to see changed to the proposed bill.  Diana Ferguson with FAC and Scott Dudley with the League of Cities both spoke and said their biggest concern is with the construction and demolition (C&D) provisions of the bill. The measure is not expected to include any mandatory container deposit language or prohibitions on the use of plastic grocery bags, provisions that have met with strong opposition from retailers. Major areas of concern are disposal of construction and demolition debris, small county opt-outs and reporting requirements for private businesses.

 Also in the committee, SB 1052 Relating to Solid Waste Disposal by Sen. Gaetz was temporarily postponed since the language is part of what the committee has been working on with their recycling bill.  SB 1952 by Sen. Detert was heard.  A strike-all amendment was adopted that makes the bill identical to the House bill.  The differences in the bills are stylistic.  There were no comments, debate, questions, or objections on the bill and it passed unanimously out of committee.

House Economic Development Policy Committee

The committee heard 3 bills in its meeting on Wednesday. First was HB 607-Relating to Tax Credits for Research and Development. The bill provides for tax credit against corporate income tax for specified research & development expenses. There were no amendments filed for this bill and it was passed unanimously out of the committee.

Next was HB 983- Relating to the creation of the Florida Research Commercialization Matching Grant Program. A committee substitute for the bill was adopted, which lays out the provisions of the program including guidelines for committee members, report deadlines, and eligibility guidelines. The CS for HB 983 was then reported favorably out of committee.

The final bill discussed was HB 1229- Relating to the New Markets Development Program. The bill revises the definition of the term "qualified active low-income community business" for purposes of the Progra