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Agenda 06/10/2014 Item #16F2 6/10/2014 16.F.2. EXECUTIVE SUMMARY Recommendation to accept the 2014 State of Florida Legislative Session Summary Report provided by Collier County's lead state lobbying firm. OBJECTIVE: To accept the 2014 Legislative Session Summary prepared by Collier County state lobbyists and consultants Keith Arnold and Brett Bacot of Buchanan Ingersoll&Rooney, P.C./Fowler White Boggs. CONSIDERATION: Buchanan Ingersoll&Rooney,P.C./Fowler White Boggs represented the Collier County Board of County Commissioners(BCC)and advocated on their behalf in support of the BCC-approved2014 State Legislative Priorities. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. This item requires majority support for approval. RECOMMENDATION: That the Board accepts the 2014 Legislative Session Summary prepared by Collier County lead state lobbyists Keith Arnold and Brett Bacot of Buchanan Ingersoll&Rooney,P.C./Fowler White Boggs. Prepared by Debbie Wight,Legislative Affairs Coordinator Packet Page-1894- 6/10/2014 16.F.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.2. Item Summary: Recommendation to accept the 2014 Legislative Session Summary Report provided by Collier County's lead state lobbying firm. Meeting Date: 6/10/2014 Prepared By Name: CurranJanet Title: Supervisor-Operations, Communication&Customer Relations 5/22/2014 10:57:20 AM Approved By Name: SheffieldMichael Title: Manager-Communications&Cust. Relations, Date: 5/28/2014 11:39:20 AM Name: WightDebbie Title: Legislative Affairs Coordinator, Date: 6/3/2014 4:44:29 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/4/201.4 9:29:32 AM Packet Page-1895- 6/10/2014 16.F.2. Buchanan FOWLER Ingersoll 1�� WHITE ROOMY PC BOGGS MAY 2014 2014 Collier County Legislative Priorities & Outcomes 101 N. Monroe Street Suite 1090 Tallahassee, FL 32301 T: 850 681 0411 Packet Page -1896- Buchanan ingers r 6/10/2014 16.F.2. FOWLER WHITE BOGG S To: The Honorable Donna Fiala, District 1 The Honorable Georgia Hiller, District 2 The Honorable Tom Henning, District 3 The Honorable Fred Coyle, District 4 The Honorable Tim Nance, District 5 From: Keith Arnold Buchanan Ingersoll & Rooney PC 1 Fowler White Boggs Florida Government Relations Team Date: May 2014 Re: 2014 Collier County Legislative Priorities & Outcomes We are pleased to present the enclosed 2014 Collier County Legislative Priorities and Outcomes for your review. Of the 1,540 general bills filed for the 2014 Session, only 229 passed the Legislature and have been or will be presented to the Governor. Because this is an election year, caution was the byword and most controversial issues were deferred until next year. We truly appreciate the opportunity to represent Collier County and look forward to our continued work - together. Thank you. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES I 1 Packet Page -1897- Buchanan lngerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Collier County 2014 State Legislative Priorities The Board of County Commissioners on behalf of Collier County citizens advocates for the overall principles of preserving the Home Rule authority of local governments; opposing state Preemption; opposing Unfunded Mandates; and protecting against Trust Fund Diversions. Issues to Advocate: 1. Public Safety Center on Alligator Alley— Oppose changes to the existing statute that provides both construction and operational funding for the proposed Public Safety Center being constructed by the Florida Department of Transportation (FDOT) at Mile Marker 63 on 1-75. Support FDOT operational funding for a minimum of seven (7)years. HB 7175 Department of Transportation - Effective date July 1, 2014. The bill makes a number of revisions to statutes addressing the functions and responsibilities of the Florida Department of Transportation (FDOT) including language to design and construct a fire station at mile marker 63 on Alligator Alley, which may be used by a county or another local governmental entity to provide fire, rescue, and emergency management services to the public on Alligator Alley; and by interlocal agreement effective July 1, 2014, through no later than June 30, 2018, to reimburse a county or another local governmental entity for the direct actual costs of operating such fire station. 2. Inland Oil Drilling & Fracking— Support development of a Task Force by the Florida Legislature composed of stakeholders including local government elected officials and staff experts, residents, oil industry representatives, environmental interests, and the Florida Department of Environmental Protection (DEP) to study the health, safety and welfare impacts of oil drilling and fracking, and the effects on infrastructure and water quality. HB 71 Chemical Fracking was filed this Session which established the "Fracturing Chemical Usage Disclosure Act" (Act). The bill directed the Department of Environmental Protection (DEP)to designate or establish an online hydraulic fracturing chemical registry for all wells on which hydraulic fracturing treatments are performed. Any registry established by DEP pursuant to the Act was to include, at a minimum, the total volume of water used in the hydraulic fracturing treatment and specific chemical ingredients for each well on which hydraulic fracturing treatments are performed. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES 12 Packet Page-1898- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS The bill also specified that the service provider, vendor, or owner or operator of a well on which hydraulic fracturing treatment is performed must report information within 60 days after the initiation of hydraulic fracturing operations for each well on which hydraulic fracturing treatment is performed. This bill was going to serve as a vehicle to amend the task force language onto for the purpose of studying the health, welfare, and safety of oil drilling and fracking. However, the bill DIED in committee early in Session and no other fracking bills were introduced in 2014. 3. Economic Incubator— Support Collier County requesting$2.5 million in state-funded support that will be equally matched to initiate a techno logy business incubator/accelerator that will attract and nurture entrepreneurs— both international and domestic— who want to build their own businesses locally. Working with the County, Southwest Legislative Delegation, and Legislative Leadership, several meetings were scheduled to discuss the Soft Landing Accelerator project for Collier County during Session. Funding for the Accelerator was included in the Senate budget at$2.5 million initially, although the House budget did not fund the project. Working with interested parties during budget conference, the House came to the Senate position at$2.5 million. The issue now awaits final action by the Governor. 4. University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS)— Support protecting research programs and preserving educational resource facilities at UF/IFAS in Collier County. OF is considering an alternate funding source through the Florida Legislature. The new, uncertain funding source for UF/IFAS is a Legislative Budget Request(LBR). Funding for the Southwest Florida Research and Education Center in Immokalee was zeroed out heading into the 2014 Session. Working with the Collier delegation, commissioners, and stakeholders such as the Ag Council, FY 2014-15 funding was partially restored at$2 million on Line 144 as part of the IFAS Aid to Local Governments included in HB 5001. The budget is awaiting action by the Governor. 5. Communications Services Tax(CST) — Oppose any legislation that would change the CST; support present CST collections. The CST is assessed on all taxable communications services, such as a cell phone service, business land lines, cable and satellite television. Loss of CST would be$5 million impact to Collier County. SB 266 Communications Services Tax was introduced in the Senate which reduced the state portion of the communications services tax(CST) rate by 0.58 percent, from 6.65 percent to 6.07 percent and the tax rate on direct-to-home satellite services from 10.8 percent to 10.22 percent resulting in a negative fiscal impact to counties. Working with the Florida Association of Counties, SB 266 was shelved in favor of a tax swap for Public Education Capital Outlay(PECO) projects that impact local revenues far less than SB 266. 6. Lake Okeechobee Basin— Support state funding for the construction of additional water storage and water quality treatment facilities within the Lake Okeechobee, Caloosahatchee, St. Lucie and Indian River Lagoon watersheds. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin released a final report prior to Session recommending $234 million for water quality and restoration projects affecting the Everglades and two basins. The Legislature ultimately funded $232 million for Lake Okeechobee, Caloosahatchee, and Indian River Lagoon related projects, as well as, $90 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES I 3 Packet Page -1899- Buchaflan ].ngerso 6/10/2014 16.F.2. FOWLE12.WHITE BOGGS million over 3 years in the FDOT Work Program for a Tamiami Trail bridge project to restore water flows to the Everglades. 7. Beach Funding& Maintenance—Advocate for increased funding for beach re-nourishment and maintenance for coastal counties. In FY 2013-2014 a total of$37.5 million was allocated to projects included in the Beach Management Funding Assistance Program (BMFAP). In 2013 Collier County was allocated$998,000 for engineering costs. Stream line permitting. Beach Re-nourishment Projects were funded at just over$47 million for FY 2014-15. The money funds projects ranked by the DEP Beaches and Coastal Systems which include two Collier area projects, Collier Beach Re-nourishment at$1,621,672 and South Marco Island Nourishment at $233,254 respectively in state funds. Continuing Issues of Interest: A. Gulf Consortium— Support Collier County's continued participation in the federal RESTORE Act directives, including development of the State of Florida's unique Gulf Consortium which is composed of representatives from 23 counties bordering the Gulf of Mexico. Clean Water Act penalties against BP could mean from$6 to$24 million to Collier County in funding disbursements based on a methodology/formula (Pot 1) to be finalized in U.S. Treasury Rules for local projects determined by boards of county commissioners. The focus of the Consortium with oversight of the FAC is to develop a list of projects possibly with more regional impact and statewide significance (Pot 3). No major issues related to the RESTORE Act developed this Session, but HB 7023 Economic Development clarifies that the Auditor General's annual audit of Triumph Gulf Coast, Inc., and the Recovery Fund is a performance audit, and that the audit by the retained independent certified public account is to be performed annually. B. Offshore Drilling in Gulf of Mexico—Support permanently prohibiting offshore oil and gas drilling in Florida territorial waters, which are within nine (9) geographic miles from the coast of the Gulf of Mexico. Support state demands that the federal government exert rigorous oversight of any current and future drilling outside state waters and insist no monetary limitations for any drilling mishap are set. No action was taken on offshore drilling this Session. C. Gaming— Support Collier County receiving three(3) %local government share of any future gaming proceeds. Senator Richter of the collier county Legislative Delegation chaired the Senate Gaming Committee that toured the state this past year in an effort to gather ideas and sentiment of moving forward with destination resort style casinos in Florida. Ultimately, the Legislature could not agree on a systematic revamping of Florida's gaming regulations, and no gaming bills passed this year. However, the Governor is currently negotiating a new gaming compact with the Seminole Tribe of Florida. The current agreement provides exclusive rights for card and table games in exchange for revenue sharing with the state and affected local governments. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES 14 Packet Page-1900- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE Bo G G S D. Local Business Tax- Support like the Florida Association of Counties (FAC), 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. Collier County business tax proceeds: $400,000 annually. Although provisions reducing or eliminating the Local Business Tax FAILED to pass in 2014, language included in the Tax Cut and Economic Development package (HB 5601) authorize counties to lower their existing local business taxes without performing an equity study. E. Florida Recreation Development Assistance Program (FRDAP)-Advocate for increased funding in this statewide grant program that finances outdoor recreational improvements. In the past Collier County Parks and Recreation typically applied for as many as three (3) grants through FRDAP, each of which can be a $200,000 award. Approximately $2.5 million was provided for the Fiscal Year 2014-2015 Priority List for Small Projects Fund - Development list. F. Revenue & Expenditure Caps (TABOR)- Oppose state legislation mandating local governments cap revenue and expenditures. There was no activity related to TABOR this Session. G. Impact Fees- Support home rule authority over administration of Collier County's existing impact fee program. Early in Session HB 7023 Economic Development contained language prohibiting local governments from implementing impact fees unless the local governing body voted to by a simple majority to allow the fees. Working with the League of Cities and FAC, the language was amended out of the final bill that passed the Legislature. H. Libraries- Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network(SWFLN). For FY 2014, Collier County requests $33.4 million for State Aid(the level of funding in 2001);$4 million for library construction (no construction money since about 2007);and$1.5 million for library cooperative funding. Library State Aid was funded at$29.8 million; $2 million for Library Cooperative funding; and $2.9 million for Library Construction. I. Transportation Disadvantaged(TD) Program- Support continued restoration of funding and assure that the additional$10 million committed in 2012 for funding in FY 2014-2015 is also secure. In the 2012 Legislative Session, the Legislature provided an additional$5 million for TD services statewide for FY 2012-2013. TD also received$111 million in General Revenue and Transportation Trust Fund dollars, which represents a $7.6 million increase over last year to fund transportation for the elderly, medically fragile, and underprivileged. The total Collier County 2013 budget: $3,346,340 Roughly$38 million was transferred from the TD Non-Emergency Medicaid pot of funding reflecting the implementation of the Medicaid Managed Care program. Transportation services for most Medicaid eligibles will now be provided through managing care organizations contracting with the state in lieu of the coordinated Transportation Disadvantaged system. The non-Medicaid TD trust fund is funded at$50.9 million. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES I 5 Packet Page-1901- Buchanan"no-el-so 6/10/2014 16.F.2. FOWLER WHITE BOGG S J. Procurement—Support, as FAC does, legislation amending the Consultants Competitive Negotiation Act(CCNA) to establish an optional(alternative) process for state and local entities to consider cost in the award of professional services agreements. No legislative action occurred this Session related to CCNA. K. Synthetic Drugs— Support, like FAC, expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. Support prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. HB 697 Controlled Substances passed the Legislature in April. The bill adds four new synthetic cannabinoids and two new phenethylamines to Schedule I of Florida controlled substance schedules. As a result, the criminal penalties relating to the possession, sale, manufacture, delivery, etc., of controlled substances now apply to these synthetic substances. The bill also adds three new phenethylamines to the list of substances included in the "trafficking in phenethylamines" statute. L. Pensions— Oppose any Florida Retirement System (FRS) benefit changes that result in an increase in the FRS county and county employee contribution rates, which aligns with FAC. The FRS bills (SB 1114/HB 7181)would have require elected officers, except judges, taking office after July 1, 2015, to go into the 401(k)-style investment plan. Regular employees would still be allowed in the "defined benefit" pension plan, but vesting for that system would be increased from 8 to 10 years. SB 1114/HB 7181 DIED on the Senate floor. HB 5005 State Administered Retirement Systems passed the last day of Session. The bill sets the employer-paid contribution rates for the Florida Retirement System (FRS) and the Retiree Health Insurance Subsidy(HIS) program, effective July 1, 2014. The employer-paid contribution for the HIS program is increased from 1.20 percent of the employer's payroll to 1.26 percent of the employer's payroll. These funds will be deposited into the Retiree Health Insurance Subsidy Trust Fund to pay benefits to eligible retirees. The employer-paid contribution rates to pay the normal costs and amortization of the unfunded actuarial liability of the FRS are increased. These rates are based on the rates recommended in the "Blended Rate Study" associated with the 2013 Actuarial Valuation of the FRS. These funds will be deposited into the FRS Trust Fund to fund retirement benefits to members participating in the FRS. HB 5005 has a $47.7 million negative fiscal impact on counties. The Governor must act on the bill by June 4th M. Medicaid— Support encouraging the state to continue efforts to overhaul the system. Despite billing process improvements, ridding counties of this unfunded mandate is FAC's ultimate goal. No legislative action occurred related to county Medicaid billing this Session. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES 6 Packet Page-1902- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS N. Online Travel Agencies(OTA's) — Oppose any attempts to give OTA's an exemption on paying the correct amounts of sales tax and tourist development tax on hotel reservations made on the Internet. No legislative action occurred this Session on the Online Travel Agencies issue. O. VISIT FLORIDA Funding— Protect the current level of funding to VISIT FLORIDA and support increased funding to this organization to support the Governor's goal to attract 100 million visitors to Florida in the next year. Visit Florida was funded at$74 million in Trust Fund dollars for FY 3014-15 which is a $10.5 million increase over current year funding. P. Transportation— Oppose diverting the Transportation Trust Fund to non-transportation projects. A total of$11.3 billion was funded for transportation items for the current FY 2013- 2014. Some of the major funding areas include$8.67 billion for the Transportation Work Program; $3.6 billion for Intrastate and Arterial Highway Construction; $725 million for Right- of-Way Land Acquisition; $421 million for Public Transit Development Grants; $152 million for County Transportation Programs (SCRAP& SCOP);$52 million for Intermodal Development Grants; and$15 million for the Economic Development Road Fund. In addition, advocate against regionalization of Metropolitan Planning Organizations (MPO's) in concert with FAC which further proposes opposing FDOT efforts to require urbanized areas (UZA's) with multiple MPO's to submit one combined project priority list. A total of$10.1 billion ($12.0 million GR, $10.1 billion TF)was allocated Department of Transportation related programs this Session. Below are the highlights of the budget: • Transportation Work Program - $9.2 billion TF o Highway Construction - $3.9 billion TF o County Transportation Programs -$158 million TF o Seaport and Intermodal Development Grants - $184 million TF; $12 million GR o Public Transit Development Grants - $583 million TF o Rail Development Grants - $317 million TF o Coast to Coast Connector Trail - $26.5 million TF Q. Growth Management— Support monitoring any new Growth Management legislation, including Permitting, Transportation Concurrency, and Proportionate Share. HB 703/SB 1464 Environmental Regulation, universally opposed by local governments and environmentalists, FAILED to pass this Session. Among other items, the bills prevented counties from continuing to adopt duplicative wetlands, springs protection, and stormwater regulations for agricultural lands after July 1, 2003, by modifying regulations adopted prior to July 1, 2003. The legislation reduced the voting requirement for approval of a local government's proposed comprehensive plan or plan amendment by requiring approval by a "simple majority" vote of the members of the governing body, rather than requiring approval by"at least a simple majority."The bills also Prohibited local governments from requiring water control districts to meet additional regulatory requirements for certain structures included within a water control plan. SB 372 Developments of Regional Impact(DRI) also FAILED this year. The bills reduced the minimum population and density requirements for counties to qualify as a dense urban land area (DULA). Land development projects were exempt from development of regional impact(DRI) review 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES 7 Packet Page -1903- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS if they are located in a DULA. This bill would have designated an additional 7 counties and 20 municipalities as DULAs. The bill also exempted any proposed development located in a DULA from the DRI aggregation criteria. Lastly, HB 395/SB 1314 Relating to Growth Management FAILED to pass. The bills required local governments to address the protection of private property rights in their comprehensive plans and required the comprehensive plan to include a property rights element that addressed certain objectives. Lastly the bills required counties and municipalities to adopt land development regulations consistent with the property rights element. R. Regional Planning Councils (RPC's)— Support monitoring the funding of RPC's statewide. Historically, the state's 11 RPC's received about$2.5 million in state General Revenue funds. For the past three years, RPC's have not received any state funding. Regional Planning Councils were funded at$2.5 million in Trust Fund dollars for FY 2014-15. Proviso stipulates how the funding is distributed: 75 percent of which must be divided equally among the councils, and 25 percent of which must be allocated according to population. The funds shall be used to implement the Florida Five-Year Strategic Plan for economic development, address problems of greater-than-local concern, and provide technical services to local governments, economic development organizations, and other stakeholders. *Portions of bill summaries provided by House and Senate staff analyses.Budget information is presented before the Governor's veto action and is subject to change based on Gubernatorial actions. 2014 COLLIER COUNTY LEGISLATIVE PRIORITIES & OUTCOMES I 8 Packet Page -1904- 6/10/2014 16.F.2. Buchanan FOWLER Ingersoll A WHITE coney vc BOGGS MAY 2014 2014 Collier County Legislative Summary 101 N. Monroe Street Suite 1090 Tallahassee, FL 32301 T: 850 681 0411 Packet Page -1905- such' nan ingers 6/10/2014 16.F.2. FOWLER WHITE B O G G S To: The Honorable Donna Fiala, District 1 The Honorable Georgia Hiller, District 2 The Honorable Tom Henning, District 3 The Honorable Fred Coyle, District 4 The Honorable Tim Nance, District 5 From: Keith Arnold Buchanan Ingersoll & Rooney PC I Fowler White Boggs Florida Government Relations Team Date: May 2014 Re: 2014 Legislative Summary We are pleased to present the enclosed 2014 Legislative Session Summary for your review. It is designed to present a general flavor of major legislative developments in Tallahassee this year, as well as outcomes of specific Collier County legislative priorities. We hope it will give you a general understanding of major legislative developments in Tallahassee this year. Of the 1,540 general bills filed for the 2014 Session, only 229 passed the Legislature and have been or will be presented to the Governor. Because this is an election year, caution was the byword and most controversial issues were deferred until next year. Again, we appreciate the opportunity to represent Collier County and look forward to our continued work together. Thank you. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 11 Packet Page-1906- Buchanan ingers 1 6/10/2014 16.F.2. FOWLERWHITEBOGGS Government Affairs Team John "Mac" Stipanovich (Lobbying Team Leader) represents numerous public and private sector clients before state government agencies, the Governor and Cabinet, and the legislature. Mr. Stipanovich has served as Campaign Director and Chief of Staff for Governor Bob Martinez, and Senior Advisor for Governor Jeb Bush.J. ftom the Keith Florida Arnold House is oaf fi Representatives h generatin Floridian for 16 yearsfro , Ft.and Myers at the who age of served 28 in became the youngest majority leader in state history. Keith has represented various clients before the state legislature and executive branch for 15 years. 9_ Brett Bacot is a registered lobbyist with more than 14 years experience representing clients before state government, and during that time has worked in various issue areas, specializing in healthcare, appropriations, and local government issues. m Bob Butterworth has served the citizens of Florida in several capacities as a Broward County Sheriff, county judge, circuit judge, Director of Florida's °_ Department of Highway Safety and Motor Vehicles, Mayor of Sunrise, Florida, Attorney General of Florida, and Secretary of the Florida Department , of Children and Families. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 12 Packet Page -1907- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Jim Magill has served as Director of Legislative Affairs for former Governor Jeb Bush, Director of State Senate campaigns, and was named a 'Top Republican in Florida' in 2009. Jim has over a decade of experience 01 ',_" 1 representing clients before the Florida legislature, state agencies, and the z Governor and Cabinet in various policy areas. s i Kim McGlynn represents individuals and entities having interests before the Florida legislature, state agencies, and the Governor and Cabinet. Among other accomplishments, Kim has served in the Senate Majority Office and Legislative Coordinator for the Florida Department of Lottery. Linda Loomis Shelley (Tallahassee Managing Shareholder) has significant experience in environmental and land use permitting before state, regional and local entities and provides advice and assistance regarding Florida administrative practice and litigation. Ms. Shelley served as General Counsel for Governor Bob Graham, Chief of Staff to Governor Lawton Chiles, Chief of Staff to Insurance Commissioner Bill Nelson, and as Secretary for the Florida Department of Community Affairs. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 3 Packet Page-1908- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Additional Tallahassee Counsel w s William D. Townsend practices in the areas of state and local taxation and K —. multi-state taxation. He has represented clients in various states on issues in .. 0 administrative and judicial actions relating to sales, corporate income, B & 0 a ``Y - and telecommunications taxes, as well as state taxation of intellectual �' property, electronic commerce taxation (E-commerce)and unclaimed .ff property(escheat) issues. Additionally, he represents clients on legislative tax matters. Michael Underwood was a key official at the predecessor of the Florida Department of Financial Services and authored many P y provisions of Florida's * securities and banking laws. Since leaving government, he has become recognized as a national leader in financial services regulation, especially in Florida. He represents securities broker-dealers, investment advisers, mortgage brokers, financial institutions and affiliated individuals in civil litigation, arbitration, regulatory investigations and enforcement actions. r s ..., Jacob D. Varn has decades of experience in environmental and land use law, administrative and governmental law, and transportation law. Mr. Varn has served as both Secretary for the Florida Department of Environmental Y ` Regulation and Secretary of the Florida Department of Transportation. -' � v= Rex D. Ware focuses on state and local taxation, and state government contracting. He regularly represents multi-state clients before the Florida r Department of Revenue and in litigation in circuit court and administrative .) proceedings. He also assists clients in licensure, bid procurement and .," disputes, and rulemaking proceedings, as well as in commercial litigation in all Florida courts. In addition, Mr. Ware has served as Deputy General J Counsel for the Florida Department of Revenue. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 4 Packet Page-1909- Buchanan.]ngerso 6/10/2014 16.F.2. FOWLER\'HITE BOGG S Table of Contents Collier County Legislative Priorities & Outcomes 6 FY 2014-15 Budget Major FY 2014-15 Budget Items Funded 13 Major Legislation That Passed Major Budget Implementing & Conforming Bills 18 Criminal Justice 21 Education 22 Ethics 24 Finance &Taxation 24 General Government 25 Growth Management 26 Health & Human Services 27 Insurance 28 Judiciary 29 Real Property 30 Regulated Industries 30 Transportation & Economic Development . 31 Major Legislation That Failed Commercial Rental Sales Tax Reduction 36 Stand Your Ground Reform Mental Health First Aid Local Pension Reform Communications Services Tax Medical Examiner's Fees Developments of Regional Impact Relating to Growth Management 37 Assisted Living Facilities Reform Sober Homes Environmental Regulation Florida Retirement System Medicaid Expansion Trauma Centers Springs Protection 38 Crisis Stabilization Services Omnibus Healthcare Bill Gaming 2014 Bill Statistics 39 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 5 Packet Page-1910- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Collier County 2014 State Legislative Priorities The Board of County Commissioners on behalf of Collier County citizens advocates for the overall principles of preserving the Home Rule authority of local governments; opposing state Preemption; opposing Unfunded Mandates; and protecting against Trust Fund Diversions. Issues to Advocate: 1. Public Safety Center on Alligator Alley— Oppose changes to the existing statute that provides both construction and operational funding for the proposed Public Safety Center being constructed by the Florida Department of Transportation (FDOT) at Mile Marker 63 on 1-75. Support FDOT operational funding for a minimum of seven (7) years. HB 7175 Department of Transportation - Effective date July 1, 2014. The bill makes a number of revisions to statutes addressing the functions and responsibilities of the Florida Department of Transportation (FDOT) including language to design and construct a fire station at mile marker 63 on Alligator Alley, which may be used by a county or another local governmental entity to provide fire, rescue, and emergency management services to the public on Alligator Alley; and by interlocal agreement effective July 1, 2014, through no later than June 30, 2018, to reimburse a county or another local governmental entity for the direct actual costs of operating such fire station. 2. Inland Oil Drilling& Fracking— Support development of a Task Force by the Florida Legislature composed of stakeholders including local government elected officials and staff experts, residents, oil industry representatives, environmental interests, and the Florida Department of Environmental Protection (DEP) to study the health, safety and welfare impacts of oil drilling and fracking, and the effects on infrastructure and water quality. HB 71 Chemical Fracking was filed this Session which established the "Fracturing Chemical Usage Disclosure Act" (Act). The bill directed the Department of Environmental Protection (DEP) to designate or establish an online hydraulic fracturing chemical registry for all wells on which hydraulic fracturing treatments are performed. Any registry established by DEP pursuant to the Act was to include, at a minimum, the total volume of water used in the hydraulic fracturing treatment and specific chemical ingredients for each well on which hydraulic fracturing treatments are performed. The bill also specified that the service provider, vendor, or owner or operator of a well on which hydraulic fracturing treatment is performed must report information within 60 days after the initiation of hydraulic fracturing operations for each well on which hydraulic fracturing treatment is performed. This bill was going to serve as a vehicle to amend the task force language onto for the purpose of studying the health, welfare, and safety of oil drilling and fracking. However, the bill DIED in committee early in Session and no other fracking bills were introduced in 2014. 3. Economic Incubator— Support Collier County requesting$2.5 million in state-funded support that will be equally matched to initiate a technology business incubator/accelerator that will attract and nurture entrepreneurs—both international and domestic— who want to build their own businesses locally. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 16 Packet Page-1911- Buchanan ingerso 6/10/2014 16.F.2. FoWLERWHI EBOGGS Working with the County, Southwest Legislative Delegation, and Legislative Leadership, several meetings were scheduled to discuss the Soft Landing Accelerator project for Collier County during Session. Funding for the Accelerator was included in the Senate budget at$2.5 million initially, although the House budget did not fund the project. Working with interested parties during budget conference, the House came to the Senate position at$2.5 million. The issue now awaits final action by the Governor. 4. University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS)— Support protecting research programs and preserving educational resource facilities at UF/IFAS in Collier County. OF is considering an alternate funding source through the Florida Legislature. The new, uncertain funding source for UF/IFAS is a Legislative Budget Request(LBR). Funding for the Southwest Florida Research and Education Center in Immokalee was zeroed out heading into the 2014 Session. Working with the Collier delegation, commissioners, and stakeholders such as the Ag Council, FY 2014-15 funding was partially restored at$2 million on Line 144 as part of the IFAS Aid to Local Governments included in HB 5001. The budget is awaiting action by the Governor. 5. Communications Services Tax(CST)— Oppose any legislation that would change the CST; support present CST collections. The CST is assessed on all taxable communications services, such as a cell phone service, business land lines, cable and satellite television. Loss of CST would be$5 million impact to Collier County. SB 266 Communications Services Tax was introduced in the Senate which reduced the state portion of the communications services tax(CST) rate by 0.58 percent, from 6.65 percent to 6.07 percent and the tax rate on direct-to-home satellite services from 10.8 percent to 10.22 percent resulting in a negative fiscal impact to counties. Working with the Florida Association of Counties, SB 266 was shelved in favor of a tax swap for Public Education Capital Outlay(PECO) projects that impact local revenues far less than SB 266. 6. Lake Okeechobee Basin— Support state funding for the construction of additional water storage and water quality treatment facilities within the Lake Okeechobee, Caloosahatchee, St. Lucie and Indian River Lagoon watersheds. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin released a final report prior to Session recommending $234 million for water quality and restoration projects affecting the Everglades and two basins. The Legislature ultimately funded $232 million for Lake Okeechobee, Caloosahatchee, and Indian River Lagoon related projects, as well as, $90 million over 3 years in the FDOT Work Program for a Tamiami Trail bridge project to restore water flows to the Everglades. 7. Beach Funding& Maintenance—Advocate for increased funding for beach re-nourishment and maintenance for coastal counties. In FY 2013-2014 a total of$37.5 million was allocated to projects included in the Beach Management Funding Assistance Program (BMFAP). In 2013 Collier County was al located$998,000 for engineering costs. Streamline permitting. Beach Re-nourishment Projects were funded at just over$47 million for FY 2014-15. The money funds projects ranked by the DEP Beaches and Coastal Systems which include two Collier area projects, Collier Beach Re-nourishment at$1,621,672 and South Marco Island Nourishment at $233,254 respectively in state funds. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 17 Packet Page -1912- Bucl ` ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGG S Continuing Issues of Interest: A. Gulf Consortium- Support Collier County's continued participation in the federal RESTORE Act directives, including development of the State of Florida's unique Gulf Consortium which is composed of representatives from 23 counties bordering the Gulf of Mexico. Clean Water Act penalties against BP could mean from$6 to$24 million to Collier County in funding disbursements based on a methodology/formula (Pot 1) to be finalized in U.S. Treasury Rules for local projects determined by boards of county commissioners. The focus of the Consortium with oversight of the FAC is to develop a list of projects possibly with more regional impact and statewide significance(Pot 3). No major issues related to the RESTORE Act developed this Session, but HB 7023 Economic Development clarifies that the Auditor General's annual audit of Triumph Gulf Coast, Inc., and the Recovery Fund is a performance audit, and that the audit by the retained independent certified public account is to be performed annually. B. Offshore Drilling in Gulf of Mexico- Support permanently prohibiting offshore oil and gas drilling in Florida territorial waters, which are within nine (9) geographic miles from the coast of the Gulf of Mexico. Support state demands that the federal government exert rigorous oversight of any current and future drilling outside state waters and insist no monetary limitations for any drilling mishap are set. No action was taken on offshore drilling this Session. C. Gaming- Support Collier County receiving three(3) %local government share of any future gaming proceeds. Senator Richter of the collier county Legislative Delegation chaired the Senate Gaming Committee that toured the state this past year in an effort to gather ideas and sentiment of moving forward with destination resort style casinos in Florida. Ultimately, the Legislature could not agree on a systematic revamping of Florida's gaming regulations, and no gaming bills passed this year. However, the Governor is currently negotiating a new gaming compact with the Seminole Tribe of Florida. The current agreement provides exclusive rights for card and table games in exchange for revenue sharing with the state and affected local governments. D. Local Business Tax- Support like the Florida Association of Counties (FAC), 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. Collier County business tax proceeds: $400,000 annually. Although provisions reducing or eliminating the Local Business Tax FAILED to pass in 2014, language included in the Tax Cut and Economic Development package (HB 5601) authorize counties to lower their existing local business taxes without performing an equity study. E. Florida Recreation Development Assistance Program (FRDAP)-Advocate for increased funding in this statewide grant program that finances outdoor recreational improvements. In the past Collier County Parks and Recreation typically applied for as many as three (3) grants through FRDAP, each of which can be a $200,000 award. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 8 Packet Page -1913- BuchananIngerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Approximately$2.5 million was provided for the Fiscal Year 2014-2015 Priority List for Small Projects Fund - Development list. F. Revenue & Expenditure Caps (TABOR) — Oppose state legislation mandating local governments cap revenue and expenditures. There was no activity related to TABOR this Session. G. Impact Fees—Support home rule authority over administration of Collier County's existing impact fee program. Early in Session HB 7023 Economic Development contained language prohibiting local governments from implementing impact fees unless the local governing body voted to by a simple majority to allow the fees. Working with the League of Cities and FAC, the language was amended out of the final bill that passed the Legislature. H. Libraries— Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network(SWFLN). For FY 2014, Collier County requests $33.4 million for State Aid(the level of funding in 2001); $4 million for library construction (no construction money since about 2007); and$1.5 million for library cooperative funding. Library State Aid was funded at$29.8 million; $2 million for Library Cooperative funding; and $2.9 million for Library Construction. I. Transportation Disadvantaged(TD) Program— Support continued restoration of funding and assure that the additional$10 million committed in 2012 for funding in FY 2014-2015 is also _ secure. In the 2012 Legislative Session, the Legislature provided an additional$5 million for TD services statewide for FY 2012-2013. TD also received$111 million in General Revenue and Transportation Trust Fund dollars, which represents a $7.6 million increase over last year to fund transportation for the elderly, medically fragile, and underprivileged. The total Collier County 2013 budget: $3,346,340 Roughly$38 million was transferred from the TD Non-Emergency Medicaid pot of funding reflecting the implementation of the Medicaid Managed Care program. Transportation services for most Medicaid eligibles will now be provided through managing care organizations contracting with the state in lieu of the coordinated Transportation Disadvantaged system. The non-Medicaid TD trust fund is funded at$50.9 million. J. Procurement— Support, as FAC does, legislation amending the Consultants Competitive Negotiation Act(CCNA) to establish an optional(alternative)process for state and local entities to consider cost in the award of professional services agreements. No legislative action occurred this Session related to CCNA. K. Synthetic Drugs— Support, like FAC, expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. Support prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. HB 697 Controlled Substances passed the Legislature in April. The bill adds four new synthetic cannabinoids and two new phenethylamines to Schedule I of Florida controlled substance schedules. As a result, the criminal penalties relating to the possession, sale, — manufacture, delivery, etc., of controlled substances now apply to these synthetic substances. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 19 Packet Page -1914- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS The bill also adds three new phenethylamines to the list of substances included in the "trafficking in phenethylamines" statute. L. Pensions- Oppose any Florida Retirement System (FRS) benefit changes that result in an increase in the FRS county and county employee contribution rates, which aligns with FAC. The FRS bills (SB 1114/HB 7181)would have require elected officers, except judges, taking office after July 1, 2015, to go into the 401(k)-style investment plan. Regular employees would still be allowed in the "defined benefit" pension plan, but vesting for that system would be increased from 8 to 10 years. SB 1114/HB 7181 DIED on the Senate floor. HB 5005 State Administered Retirement Systems passed the last day of Session. The bill sets the employer-paid contribution rates for the Florida Retirement System (FRS) and the Retiree Health Insurance Subsidy(HIS) program, effective July 1, 2014. The employer-paid contribution for the HIS program is increased from 1.20 percent of the employer's payroll to 1.26 percent of the employer's payroll. These funds will be deposited into the Retiree Health Insurance Subsidy Trust Fund to pay benefits to eligible retirees. The employer-paid contribution rates to pay the normal costs and amortization of the unfunded actuarial liability of the FRS are increased. These rates are based on the rates recommended in the "Blended Rate Study" associated with the 2013 Actuarial Valuation of the FRS. These funds will be deposited into the FRS Trust Fund to fund retirement benefits to members participating in the FRS. HB 5005 has a $47.7 million negative fiscal impact on counties. The Governor must act on the bill by June 4th. M. Medicaid- Support encouraging the state to continue efforts to overhaul the system. Despite billing process improvements, ridding counties of this unfunded mandate is FAC's ultimate goal. No legislative action occurred related to county Medicaid billing this Session. N. Online Travel Agencies (OTA's)- Oppose any attempts to give OTA's an exemption on paying the correct amounts of sales tax and tourist development tax on hotel reservations made on the Internet. No legislative action occurred this Session on the Online Travel Agencies issue. O. VISIT FLORIDA Funding- Protect the current level of funding to VISIT FLORIDA and support increased funding to this organization to support the Governor's goal to attract 100 million visitors to Florida in the next year. Visit Florida was funded at$74 million in Trust Fund dollars for FY 3014-15 which is a $10.5 million increase over current year funding. P. Transportation- Oppose diverting the Transportation Trust Fund to non-transportation projects.A total of$11.3 billion was funded for transportation items for the current FY 2013- 2014. Some of the major funding areas include $8.67 billion for the Transportation Work Program; $3.6 billion for Intrastate and Arterial Highway Construction; $725 million for Right- 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 10 Packet Page -1915- Buchanan ing rso 6/10/2014 16.F.2. FOWLER WHITE BOGGS of-Way Land Acquisition;$421 million for Public Transit Development Grants; $152 million for County Transportation Programs (SCRAP& SCOP); $52 million for lntermodal Development Grants; and$15 million for the Economic Development Road Fund. In addition, advocate against regionalization of Metropolitan Planning Organizations (MPO's) in concert with FAC which further proposes opposing FDOT efforts to require urbanized areas (UZA's) with multiple MPO's to submit one combined project priority list. A total of$10.1 billion ($12.0 million GR, $10.1 billion TF)was allocated Department of Transportation related programs this Session. Below are the highlights of the budget: • Transportation Work Program - $9.2 billion TF o Highway Construction -$3.9 billion TF o County Transportation Programs -$158 million TF o Seaport and Intermodal Development Grants - $184 million TF; $12 million GR o Public Transit Development Grants - $583 million TF o Rail Development Grants - $317 million TF o Coast to Coast Connector Trail - $26.5 million TF Q. Growth Management— Support monitoring any new Growth Management legislation, including Permitting, Transportation Concurrency, and Proportionate Share. HB 703/SB 1464 Environmental Regulation, universally opposed by local governments and environmentalists, FAILED to pass this Session. Among other items, the bills prevented counties from continuing to adopt duplicative wetlands, springs protection, and stormwater regulations for agricultural lands after July 1, 2003, by modifying regulations adopted prior to July 1, 2003. The legislation reduced the voting requirement for approval of a local government's proposed comprehensive plan or plan amendment by requiring approval by a "simple majority" vote of the members of the governing body, rather than requiring approval by "at least a simple majority." The bills also Prohibited local governments from requiring water control districts to meet additional regulatory requirements for certain structures included within a water control plan. SB 372 Developments of Regional Impact(DRI) also FAILED this year. The bills reduced the minimum population and density requirements for counties to qualify as a dense urban land area (DULA). Land development projects were exempt from development of regional impact(DRI) review if they are located in a DULA. This bill would have designated an additional 7 counties and 20 municipalities as DULAs. The bill also exempted any proposed development located in a DULA from the DRI aggregation criteria. Lastly, HB 395/SB 1314 Relating to Growth Management FAILED to pass. The bills required local governments to address the protection of private property rights in their comprehensive plans and required the comprehensive plan to include a property rights element that addressed certain objectives. Lastly the bills required counties and municipalities to adopt land development regulations consistent with the property rights element. R. Regional Planning Councils (RPC's)— Support monitoring the funding of RPC's statewide. Historically, the state's 11 RPC's received about$2.5 million in state General Revenue funds. For the past three years, RPC's have not received any state funding. Regional Planning Councils were funded at$2.5 million in Trust Fund dollars for FY 2014-15. Proviso stipulates how the funding is distributed: 75 percent of which must be divided equally 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 111 Packet Page-1916- Buchanan Tngerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS among the councils, and 25 percent of which must be allocated according to population. The funds shall be used to implement the Florida Five-Year Strategic Plan for economic development, address problems of greater-than-local concern, and provide technical services to local governments, economic development organizations, and other stakeholders. *Portions of bill summaries provided by House and Senate staff analyses. Budget information is presented before the Governor's veto action and is subject to change based on Gubernatorial actions. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 112 Packet Page-1917- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Budget Summary Lawmakers managed to pass the final FY 2014-15 State Budget, HB 5001, on Friday night, the last day of the 2014 Session. The document was printed and made available to all members Tuesday of the last week, forcing a Friday evening vote after the mandatory 72 hour'cooling off period. The $77 billion record budget was passed as Florida's strengthening economic recovery provided legislators with the luxury of a $1.2 billion surplus, $500 million of which went towards providing tax cuts and credits for vehicle registration renewals, sales tax holidays for back to school shopping, hurricane preparation supplies, and energy- efficient appliances. The Legislature also managed to stash away roughly$3 billion in state reserves. This year's economic recovery provided a sharp contrast to dwindling state revenues and severe budget reductions during "The Great Recession." Below is a section by section summary of major issues funded in the 2014-15 FY State Budget: Total Budget: $77.1 billion ($27.9 billion General Revenue; $49.2 billion Trust Fund) Total Reserves: $ 3.1 billion EDUCATION- Major Issues Funded Total Education Appropriations: $18.8 billion ($14.5 billion GR; $4.3 billion TF) Total funding - including local revenues: $29.8 billion ($18.8 billion state funds; $11 billion local) Public Education Capital Outlay(PECO) Total appropriations: $1.95 billion PECO Projects total: $544.8 million University Funding for Capital Improvement Fee Projects - $41.1 million TF Early Learning Services Total: $1 billion ($555.6 million GR; $466.1 million TF) • Voluntary Prekindergarten Program -$396.1 million GR; $54 or 2.3 percent increase in the base student allocation • School Readiness Program -$625.6 million ($159.5 million GR; $466.1 million TF) Public Schools/K12 Florida Education Finance Program (FEFP) Total Funding: $18.9 billion ($10.7 billion state funds; $8.2 billion local) • FEFP increase is $575 million or 3.14 percent • FEFP increase in Funds per Student is $176 or 2.61 percent Florida College System Total: $2.0 billion ($892.1 million GR; $254.9 million TF; $840.7 million tuition/fees) State University System Total: $4.4 billion ($2.2 billion GR; $289.9 million TF; $1 .9 billion tuition/fees) • Performance Based Funding - $200 million o $100 million new funds GR o $100 million reprioritization of base funds GR Private Colleges Total: $160 million GR • Florida Resident Access Grant-Workload Increase and Student Award Level Increase for Legacy and Newly Eligible Institutions-$22.7 million or$3,000 per student 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 1 13 Packet Page-1918- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Vocational Rehabilitation Total: $250.4 million ($61.8 million GR, $188.6 million TF) • Additional funds to eliminate the program's waiting lists for individuals with the most significant disabilities- $44 million ($16.9 million GR, $27 million TF) HEALTH AND HUMAN SERVICES - Major Issues Funded Total Appropriations: $31.9 billion ($8.3 billion GR; $23.6 billion TF) Agency for Health Care Administration Total: $24.6 billion ($5.5 billion GR; $19.1 billion TF) • Long-Term Care Managed Care Waiver Program -$5.1 million GR; $7.5 million TF (approximately 823 individuals) • Prescribed Pediatric Extended Care Centers (PPECs) Rate Increase - $1.6 million GR; $2.4 million TF Department of Elder Affairs Total: $294.6 million ($126.5 million GR; $168.1 million TF) • Program of All-inclusive Care for the Elderly (PACE) Program - $5.3 million GR; $7.7 million TF (600 new slots) • Alzheimer's Disease Waitlist- $4 million GR (approximately 392 individuals) • Alzheimer's Community Services -$1.7 million GR Agency for Persons with Disabilities _, Total: $1.2 billion ($491.7 million GR; $661.8 million TF) • Transition Wait List Individuals to the Home and Community-Based Services Waiver(approximately 1,260 individuals)-$8.1 million GR, $11.9 million TF • Supported Employment Services for Wait List Individuals -$.5 million GR • Adult Day Training 2 percent Provider Rate Increase - $.5 million GR; $.8 million TF Department of Children and Families Total: $2.9 billion ($1.6 billion GR; $1.2 billion TF) • Child Welfare System: o Child Protective Investigations Workload - 270 FTE; $16.1 million GR; $2.5 million TF o Sheriffs Child Protective Investigations - $8.1 million GR o Community Based Care Agencies Services - $10 million GR o Human Trafficking Victim Services-$3 million GR • Maintenance Adoption Subsidies - $20.2 million GR, $8.5 million TF • Children's Mental Health Community Action (CAT) Teams -$11.3 million GR • Substance Abuse Services for Pregnant Women - $10 million GR •Adult Community Mental Health Funding -$4 million GR • Adult/Children Community Substance Abuse Funding - $3.6 million GR • Mental Health Transition Beds -$3 million GR • County Criminal Justice Mental Health Grant- $3 million GR Department of Health Total: $2.8 billion ($520.9 million GR; $2.3 billion TF) • Early Steps Program - $3.6 million GR • Alzheimer's Research - $3 million GR "` • Cancer Research Endowments -$2 million GR 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 114 Packet Page -1919- Buchanan In ,ers© 6/10/2014 16.F.2. FOWLER WHITE BOGGS •Waitlist for Brain and Spinal Cord Injury Program Medicaid Waiver- $.2 million GR; $.4 million TF Department of Veterans Affairs Total: $114 million ($10.8 million GR; $103.2 million TF) • Construction of New State Veterans' Nursing Home - $11 million TF • Maintenance and Repair of State Veterans' Nursing Homes and Domiciliary- $7.8 million TF •Workforce Training Grant Program - $2 million GR CRIMINAL AND CIVIL JUSTICE- Major Issues Funded Total Appropriations: $4.27 billion ($3.52 billion GR; $754.3 million TF) • Guardian ad Litem Staffing to support program's plan to serve all children in dependency - $6.1 million GR; 105.5 FTE • Children's Advocacy Centers services - $3.5 million GR • District Courts of Appeal critical maintenance and repairs, security Enhancements, and Partial Construction of New DCA Building -$10.7 million GR • The Criminal Justice Estimating Conference's (CJEC) prison population forecast for the Department of Corrections in Fiscal Years 2013-2014 and 2014-2015 Department of Legal Affairs Total: $204.8 million ($52.7 million GR; $152.1 million TF) • Criminal appeals workload - $1 million GR; 10 FTE • Civil legal assistance to improve access to justice system - $2 million GR • Statewide prosecution - $522,000 GR; 2 FTE Department of Juvenile Justice Total: $551.4 million ($395.8 million GR; $155.6 million TF) • Behavioral health overlay and health services for non-secure residential programs-$18.2 million GR • PACE Center for Girls expansion - $2 million GR • Boys and Girls Clubs -$4.5 million GR • Big Brothers/Big Sisters- $1.1 million GR District Courts of Appeal(DCA) Total: $54.6 million ($36.9 million GR; $17.8 million TF) • Three new DCA judgeships - $1.4 million GR; 12 FTE • Critical maintenance and repairs, security enhancements, and partial construction of new DCA building - $10.1 million GR Trial Courts Total: $405.5 million ($329.4 million GR; $76.1 million TF) • Enhanced services at Children's Advocacy Centers- $3.5 million GR • Post-adjudicatory drug court- $5.5 million GR Guardian Ad Litem Total: $43.4 million ($43.1 million GR; $320,000 TF) • Staffing to support program's plan to serve all children in dependency - $6.1 million GR; 105.5 FTE Regional Conflict Counsel Total: $41.5 million ($40.5 million GR; $1.0 million TF) • Due process-$300,000 GR • IT infrastructure replacement-$230,000 GR -- 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 115 Packet Page -1920- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS GENERAL GOVERNMENT-Major Issues Funded Total Appropriations: $5.4 billion ($794.7 million GR; $4.6 billion TF) Department of Environmental Protection Total: $1.6 billion ($285.8 million GR; $1.3 billion TF) • Beach Projects - $25.4 million GR; $21.8 million TF • Springs Restoration - $30 million GR • Indian River Lagoon and Lake Okeechobee Basin - $232 million GR &TF (includes $4.2 million Water Projects for Loxahatchee and St. Lucie Rivers and $90 million in the Fiscal Year 2014-2015 FDOT Work Program for Tamiami Trail) • Florida Forever-$10 million GR; $47.5 million TF • Petroleum Tanks Cleanup Program -$110 million TF • Total Maximum Daily Loads (TMDLs) - $9.4 million TF • Drinking Water&Wastewater Revolving Loan Programs - $13.5 million GR; $225.2 million TF • State Parks Maintenance & Repairs -$19.7 million TF • Local Parks - $3.1 million GR; $.8 million TF • Water Projects- $88.5 million GR • Management of Conservation and Recreation Lands (CARL) - $3 million TF TRANSPORTATION, TOURISM AND ECONOMIC DEVELOPMENT- Major Issues Funded Total Appropriations: $12.17 billion ($207.96 million GR; $11.96 billion TF) - Department of Economic Opportunity Total: $1.1 billion ($37.4 million GR; $1.1 billion TF) • Economic Development Partners - $118.9 million o Enterprise Florida (EFI)-$8.6 million TF o EFI - International Trade & Promotion - $6.8 million TF o Florida Sports Foundation - $4,5 million TF o VISIT Florida -$74 million TF o Space Florida -$19.5 million ($2 million GR; $17.5 million TF) o Institute for the Commercialization of Public Research -$5.5 million TF • Economic Development Incentive Programs -$71 million TF • Economic Development Projects and Initiatives -$13.9 million ($1 million GR; $12.9 million TF) • Quick Response Training - $12.1 million • Workforce Development Projects - $4.8 million ($1.2 million GR; $3.6 million TF) • Affordable Housing Programs - $167.7 million o State Housing Initiatives Partnership (SHIP) Program -$100 million ($96 million allocated to local governments; $4 million allocated for homeless programs through the Dept. of Children and Families) o State Housing Programs, including State Apartment Incentive Loan (SAIL) Program - $67.7 million (with $10 million allocated for competitive grants for housing for the disabled) Department of State Total: $162.5 million ($132.4 million GR; $30.0 million TF) • State Aid to Libraries - $27.4 million GR ($22.3 million recurring) • Library Cooperative Grants -$2 million GR • All Major Grant Program Approved Lists are fully funded: o Cultural & Museum Program Grants -$24.1 million GR ($5 million is recurring) o Culture Builds Florida - Project Grants-$1.2 million GR 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 16 Packet Page -1921- Buchanan.Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS o Cultural Endowment Grants - $6.9 million GR o Cultural Facilities Grants -$10.8 million GR o Historic Preservation Small Matching Grants - $1.8 million GR($1.5 million is recurring) o Historic Preservation Special Category Grants -$14.3 million GR Department of Transportation Total: $10.1 billion ($12.0 million GR, $10.1 billion TF) • Transportation Work Program -$9.2 billion TF o Highway Construction - $3.9 billion TF o County Transportation Programs -$158 million TF o Seaport and Intermodal Development Grants - $184 million TF; $12 million GR o Public Transit Development Grants - $583 million TF o Rail Development Grants - $317 million TF o Coast to Coast Connector Trail - $26.5 million TF Department of Highway Safety and Motor Vehicles Total: $435.5 million TF • Florida Highway Patrol (FHP) - o 28 New FHP Law Enforcement Officers-$3.5 million TF o Replacement of 312 FHP Pursuit Vehicles - $9 million TF *Budget highlights provided by Florida Senate. Budget information is presented before the Governor's veto action and is subject to change based on Gubernatorial actions. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 17 Packet Page-1922- Buchanan ingerso 6/10/2014 16.F.2. FOWLERWHITE BOGGS Major LegislationThat Passed Lawmakers finished the 2014 Regular Session on time on May 2nd, completing their work in a cordial and businesslike fashion. With the Governor's reelection in mind, major controversial topics were avoided as much as possible so that his veto period could be relatively pain free. Most of the bills listed below had not been presented to or acted upon by the Governor at the time this summary was prepared. The reader is advised to check on whether the bill will become law by going to one of the Legislative websites to find out the status of the bill in the gubernatorial review process. BUDGET IMPLEMENTING AND MAJOR CONFORMING BILLS HB 5003 Implementation Bill— Effective date July 1, 2014. The bill implements the 2014-2015 General Appropriations Act, HB 5003. The major provisions of HB 5003 by section for the 2014-2015 fiscal year, are listed below. Section 6 provides that any district school board that generates less than $1 million dollars in revenue from one mill of ad valorem tax shall contribute 0.75 mill, rather than 1.5 mills, for Fiscal Year 2014-2015 to the cost of funded special facilities projects. Section 8 provides requirements to govern the continuation of the Department of Health's Florida Onsite Sewage Nitrogen Reduction Strategies Study. Section 9 sets prioritization guidelines for the Agency for Persons with Disabilities (APD) in moving clients from the wait list and into receiving waiver services. The APD is required to allow an individual who meets eligibility requirements to receive home and community based services in this state if the individual's parent or legal guardian is an active-duty military service member and, at the time of the service member's transfer to Florida, the individual was receiving home and community based services in another state. Section 10 provides that, notwithstanding any other law, behavioral health managing entities may not conduct provider network procurements during the 2014-2015 fiscal year. Exceptions are provided. Section 17 postpones Low Income Pool tiering until the 2015-16 fiscal year. Section 18 provides that the provisions of s. 409.905, F.S., be waived and authorizes the AHCA to retroactively adjust hospital payment rates funded by intergovernmental transfers to align payments with appropriated intergovernmental transfer funding for Fiscal Year 2013-2014. Section 19 provides that the provisions of s. 409.905, F.S., be waived and authorizes the AHCA to make retroactive rate adjustments for hospital inpatient reimbursements for hospitals with greater than 50 percent Medicaid utilization that reduced their charge master by at least 30 percent as of January 1, 2014. Section 24 amends s. 29.008, F.S., to require counties to spend 1.5 percent more on county-funded court system obligations. Section 31 provides that, notwithstanding s. 161.143, F.S.,which requires the Department of Environmental Protection (DEP)to make available at least 10 percent of the total amount appropriated in each fiscal year for statewide beach management for the highest-ranked projects on the current year's inlet management project list, for the 2014-2015 fiscal year, the amount allocated for inlet management funding is provided in the General Appropriations Act. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 18 Packet Page -1923- Buchanan Ingerso 6/10/2014 16.F.2. FOwI.E.R WHITE BOGGS Section 34 clarifies that the $32 million appropriated to the DEP in Chapter 2013-59, L.O.F., is transferred to the Save Our Everglades Trust Fund to support Everglades restoration projects included in the final report of the Select Committee on Indian River Lagoon and Lake Okeechobee Basin, dated November 8, 2013. Section 42 amends s. 335.065, F.S., to provide that the DOT may use funds specifically appropriated for the purpose of the acquisition and development of an integrated system of interconnected multiuse trails of statewide significance and to pay the costs of land acquisition, design and construction of trails and related facilities. Any funds appropriated may not reduce, delete or defer any existing projects funded as of July 1, 2014, in the DOT five-year work program. The DOT is required to give priority to certain trail projects. Section 47 amends s. 339.135, F.S., to authorize the DOT to use up to $15 million of appropriated funds to pay the costs of strategic and regionally significant transportation projects. Funds may be used to provide up to 75 percent of projects costs for production ready eligible projects. Section 54 maintains legislative salaries at the July 1, 2010 level. HB 5201 Medicaid — Effective date July 1, 2014. The bill provides for the following: Definition of Rural Hospital The bill amends the definition of"rural hospital"to include hospitals meeting the qualifications of a federal "sole community hospital" having up to 340 beds. The bill also removes an obsolete statutory provision in the definition of rural hospital. Residency Program Reconciliation For the Statewide Medicaid Residency Program, the bill requires the Agency for Health Care Administration (AHCA) — beginning in the 2015-2016 fiscal year—to reconcile each participating hospital's number of residents calculated under the program's statutory formula with the most recent Medicare cost report submitted by the hospital. In any year in which retroactive adjustments are needed due to the reconciliation, those adjustments will be applied to the hospital's allocation for that year. Disproportionate Share Hospital Program The bill updates statute so that data used by the AHCA to measure hospitals' Medicaid and charity care will be applied to the 2014-2015 fiscal year. The bill provides that any non-state-owned or operated hospital that was eligible for public-hospital disproportionate share payments on July 1, 2011, remains eligible for those payments during the 2014-2015 fiscal year. Statewide Medicaid Managed Care Enrollment The bill adds Medicaid recipients residing in APD-licensed group homes and children receiving services in a prescribed pediatric extended care (PPEC) center, to the list of recipients who are exempt from mandatory managed care enrollment under Statewide Medicaid Managed Care but who are allowed to join managed care plans voluntarily. Reimbursement for PPEC Services The bill provides that reimbursement for PPEC services provided to children enrolled in a Medicaid managed care plan will be paid to the PPEC service provider by AHCA on a fee-for-service basis. Medically Needy in Statewide Medicaid Managed Care The bill repeals the requirement in the Statewide Medicaid Managed Care program that persons eligible for the Medically Needy program must enroll in managed care plans and pay a monthly premium of an amount up to their share of cost calculated under the Medically Needy program. The bill also repeals requirements for Medicaid managed care plans related to Medically Needy. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 19 Packet Page-1924- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS HB 5301 Additional Judgeships—Effective date July 1, 2014. This bill adds three new District Court of Appeal judgeships: two in the second district(Lakeland)and one in the fifth district(Daytona Beach). The Supreme Court Order No. SC13-2296, dated December 19, 2013, certified the need for three additional judges in the appellate courts. The Fiscal Year 2014-2015 General Appropriations Act appropriates $1.3 million in recurring general revenue and 12 full-time equivalent positions with associated salary rate,which funds the judges support staff and expenses (one appellate court judicial assistant and two appellate court law clerks for each judge). HB 5601 Economic Development— Effective date July 1, 2014. The bill creates three temporary"tax holiday" periods during which sales of certain goods will be exempt from the sales tax: • A three-day"back to school" holiday, beginning August 1, 2014, and ending August 3, 2014. During the holiday, the following items are exempt from the state sales tax and county discretionary sales surtaxes: o Clothing, footwear, wallets, and bags that cost$100 or less. o School supplies that cost$15 or less per item. o The first$750 of the sales price for personal computers and related accessories purchased for noncommercial home or personal use, including tablets, laptops, monitors, input devices, and non-recreational software. • A nine-day hurricane supplies holiday,for the period beginning on May 31, 2014, and ending on June 8, 2014. During the holiday, the following items are exempt from the state sales tax and county discretionary sales surtaxes: o A portable self-powered light source selling for$20 or less. o A portable self-powered radio, two-way radio, or weather band radio selling for$50 or less. o A tarpaulin or other flexible waterproof sheeting selling for$50 or less. o A self-contained first-aid kit selling for$30 or less. o A ground anchor system or tie-down kit selling for$50 or less. o A gas or diesel fuel tank selling for$25 or less. o A package of AA-cell, C-cell, D-cell, 6-volt, or 9-volt batteries, excluding automobile and boat batteries, selling for$30 or less. • o A nonelectric food storage cooler selling for$30 or less. o A portable generator selling for$750 or less. o Reusable ice selling for$10 or less. • A three-day energy efficient products holiday for the period beginning on September 19, 2014, and ending on September 21, 2014, for the first$1,500 of the sales price for a new ENERGY STAR product or WaterSense product. The bill also: • Reduces the sales tax rate on electricity purchases and creates an additional gross receipts tax on electricity purchases that are subject to sales tax. The effect of these changes is to provide a small tax reduction to purchasers of electricity and to create additional revenue for construction and maintenance of educational facilities. • Creates a three-year sales tax exemption for cement mixing drums. • Creates a permanent sales tax exemption for child restraint systems and booster seats for use in motor vehicles. • Creates a permanent sales tax exemption for bicycle helmets marketed for use by youth. • Creates a permanent sales tax exemption for therapeutic pet foods available through a licensed veterinarian. • Creates a permanent sales tax exemption for college meal plans. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 20 Packet Page-1925- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS • Amends the statutory definition of"prepaid calling arrangement"to provide that certain prepaid mobile communications services are subject to state and local sales taxes instead of state and local communications services taxes. • Allows a local government to repeal or reduce local business taxes without establishing an equity study commission. Approved by Governor on May 13, 2014. HB 7081 Tax Administration –Effective upon becoming law. This bill contains the Department of Revenue's recommendations for changes to the tax administration statutes and some additional tax administration issues. The bill: • Revises the process used by counties to grant local government economic development property tax exemptions. • Clarifies that storage charges for towed vehicles are taxable unless the storage is a "lawful impoundment" by a law enforcement agency. • Amends statutes concerning criminal penalties to remove redundant and potentially confusing language. No new penalties are created. • Allows the department to require security deposits from certain sales tax dealers. • Clarifies that local governments can provide summary tourist development tax statistics as long as the information does not allow identification of individual taxpayers. • Changes the remittance date for state funds collected by the Clerks of the Court. • Makes an automated sales suppression device an unlawful contraband article. These are devices or software programs used to falsify cash register records. • Requires an employer to produce records requested by the department or the Department of — Economic Opportunity for audit purposes in order to continue to receive a reemployment tax rate below the standard rate. • Reduces the interest rate imposed on reemployment compensation tax deficiencies from 12 percent to the prime interest rate plus 4 percent. • Increases the number of days for an employer to protest a reemployment tax assessment. Approved by Governor on May 12, 2014. CRIMINAL JUSTICE HB 59 Relating to Offenses Against Unborn Children - - Effective date October 1, 2014. This bill makes it a separate offense to kill or injure an unborn child, punishable in the same manner as if the death or injury had occurred to the mother. The bill does not permit prosecutions for conduct relating to an abortion, for providing medical treatment of the pregnant woman or unborn child, or of a woman with respect to her unborn child. HB 89 Relating to Threatened Use of Force – Effective upon becoming law. This bill provides criminal and civil immunity to persons who threaten to use force, not just use force, if the threat was made in a manner and under circumstances that would provide a basis for self-defense to be used as a defense. SB 102 Relating to Drivers Leaving the Scene of a Crash – Effective date July 1, 2014. This bill creates the "Aaron Cohen Life Protection Act," and requires the driver of a vehicle involved in a crash that results in serious bodily injury to a person to remain at the scene of the crash, and providing for a 3-year license revocation for persons convicted of leaving the scene if serious injuries are involved, or a mandatory minimum of 4 years imprisonment if death occurs. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 121 Packet Page-1926- Buchananingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS SB 522 Relating to Involuntary Civil Commitment of Sexually Violent Predators - Effective date July 1, 2014. This bill expands the class of sexual offenders who are assessed for civil commitment as a sexually violent predator, expands the circumstances that may trigger such assessments, and provides more notice to victims and law enforcement of the release of a sexual offender from the sexually violent predator programs. Approved by the Governor April 1, 2014; Chapter No. 2014-2, Laws of Florida. SB 524 Sexually Violent Predators — Effective date July 1, 2014. The bill (Chapter 2014-3, L.O.F.) creates the "Protecting Our Children and Adults from Sexual Predators Act."The purpose of the bill is to improve the assessment of sex offenders for possible civil commitment as sexually violent predators and to improve public notification of the location of sexual offenders and predators. Specifically, the bill requires the department to train team members, provide feedback to team members, and create a process for measuring the performance of team members. The bill requires the department to evaluate the contractors based on performance each year. This will allow the department to replace contractors who are performing poorly. Approved by the Governor April 1, 2014; Chapter No. 2014-3, Laws of Florida. SB 526 Relating to Sexual Offenses — Effective date October 1, 2014. This bill authorizes limiting testimony in court and in depositions if the victim or witness was under 16 when a specified sexual office occurred, eliminates the statute of limitations for certain offenses, increases several penalties for specified sexual offenses and imposes a 50-year minimum mandatory sentence for dangerous sexual felony offenders. Approved by the Governor April 1, 2014; Chapter No. 2014-4, Laws of Florida. EDUCATION HB 850 Education — Effective date upon becoming law. The bill builds on the Career and Professional Education (CAPE) provisions and expands rigorous acceleration, curricular, instructional, and assessment options for public elementary, middle, and high school students. In addition, the bill: • Requires the Florida College System (FCS) institutions to establish a collegiate high school program for students in every school district in the colleges' designated service area. • Restructures middle grades education requirements regarding early warning indicators, anti-hazing policy, and professional development. • Strengthens accountability, delivery, and review of Department of Juvenile Justice (DJJ) education programs. • Expands access to the Florida Tax Credit(FTC) Scholarship Program as a choice option for students from low-income families and strengthens accountability for program administration. • Creates the Florida Personal Learning Scholarship Accounts Program for students with disabilities. • Provides diploma options for students with disabilities. Florida Tax Credit(FTC) Scholarship Program • Expands access to the Florida Tax Credit(FTC) Scholarship Program as a choice option for students from low-income families and strengthens accountability for program administration. • Repeals the prior public school year attendance requirement for student eligibility for participating in the FTC Scholarship Program. • Makes out-of-home care students eligible for the FTC Scholarship Program and authorizes students to: apply at any time and remain eligible until graduating from high school or turning 21, whichever occurs first. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 122 Packet Page -1927- Buchanan l.n;erso 6/10/2014 16.F.2. FOWLER WHITE BOGGS • Designates the Learning System Institute at Florida State University as the independent research organization responsible for annually reporting on student performance associated with the FTC Scholarship Program on a statewide and individual school basis. Requires the annual report to include private schools in which at least 51 percent or more of the enrolled students participated in FTC Scholarship Program the previous school year. Expands the annual report to include information on student performance which includes, but is not limited to, students' learning growth, achievement levels, and learning gains. • Modifies student eligibility for participating in the FTC Scholarship Program by increasing the student household income from 230 percent to 260 percent of the federal poverty level, beginning with the 2016-2017 school year. Specifies that priority must be given to students whose household income does not exceed 185 percent of the federal poverty level. • Adds additional background screening requirements for owners and operators of scholarship funding organizations (SFOs). • Requires SFOs to submit to annual operational audits by the Auditor General. • Requires SFOs to maintain a surety bond or letter of credit. • Authorizes state universities and independent colleges and universities that are not-for-profit, located and chartered in Florida, and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to register with the DOE to become a SFO. Exempts such colleges and universities from the bond requirements and application process required to become a SFO. Florida Personal Learning Scholarship Accounts Program • Creates the Florida Personal Learning Scholarship Accounts Program and assigns the administration of the program to a SFO. • Charges the DOE with oversight of the Florida Personal Learning Scholarship Accounts Program. • Authorizes a Florida private school student and home education program student to participate in the Florida Personal Learning Scholarship Accounts Program if he or she: is eligible to enroll in kindergarten through grade 12 in a Florida public school; has a disability; and has an individual education plan (IEP)or has received a diagnosis of a disability from a licensed physician or psychologist. • Provides for funding of the Florida Personal Learning Scholarship Accounts Program in the General Appropriations Act. Provides funds on a first-come, first-served basis for the 2014-2015 school year. Diploma Options for Students with Disabilities • Authorizes students with disabilities for whom the IEP team determines that the Florida Alternate Assessment is the most appropriate way to demonstrate skills to earn a standard high school diploma through a combination of course substitutions, industry certifications, portfolios, and other options. • Repeals the special diploma option effective July 1, 2015. Authorizes students who are currently pursuing the special diploma option to receive a special diploma if all applicable requirements are met. • Authorizes students who are currently participating in the Road to Independence Program to continue to participate in the program. HB 851 Relating to Postsecondary Education Tuition and Fees — Effective date July 1, 2014. This bill specifies that illegal immigrants who attend high school in Florida for at least three years and graduate to receive the same instate tuition fees as lawful Florida residents. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 23 Packet Page -1928- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE B O G G S SB 1642 Education Accountability—Effective date July 1, 2014. The bill makes substantial changes to Florida's public school statewide assessment and accountability system, including revisions to school grading and school improvement rating systems. The bill re-focuses the school grading formula on student success measures of achievement, learning gains, graduation, and earning college credit o-industry certifications. Specifically, the bill bases the grades on the percentage of total points earned, rather than the raw score of total points. Approved by Governor on May 12, 2014. ETHICS SB 846 Governmental Ethics —Effective date July 1, 2014. This bill applies the standards of conduct, anti-nepotism provisions, and voting conflicts provisions for state officers in the Code of Ethics to the following entities: • The Florida Clerk of Courts Operations Corporation; • Enterprise Florida, its divisions, and corporations required to contract with its divisions; and • The Florida Development Finance Corporation. The bill also provides that the Executive Director of Citizens Property Insurance is subject to the Code of Ethics. It prohibits the Executive Director, senior managers, and members of the Board of Directors of Citizens Property Insurance from having any employment or contractual relationship with an insurer that has entered a take-out bonus agreement with the corporation for a period of two years after retirement or termination of service to the corporation. Additionally, the bill amends the Code of Ethics for Public Officers and Employees as follows: • Provides that, beginning January 1, 2015, all elected municipal officers are required to complete four hours of training covering the ethics laws, public records laws, and open meetings laws; • Amends the financial disclosure statutes to require the Commission on Ethics to initiate an investigation of any financial disclosure filer who has accrued the maximum automatic fine and has failed to file their financial disclosure; • Requires Citizen Support Organizations and Direct Support Organizations to adopt a code of ethics, which must be conspicuously posted on the organization's website, and specifies some of the contents of that code of ethics; • Prohibits a person from lobbying before a water management district until they have registered as a lobbyist; SB 1632 Special Districts — Effective date July 1, 2014. The bill reorganizes, renumbers and makes numerous technical and conforming changes to special district provisions in ch. 189, F.S. It outlines a process by which the Joint Legislative Auditing Committee (JLAC) and the Department of Economic Opportunity(DEO) may enforce reporting and other requirements when special districts fall out of compliance with their obligations or become inactive. Approved by Governor on May 12, 2014. FINANCE AND TAXATION SB 156 Motor Vehicle Licenses and Fees — Effective date September 1, 2014. The bill reduces — most annual motor vehicle, mobile homes and vessel registration fees, and taxes to the level that existed in 2009 by reducing recurring revenues to the General Revenue Fund by$309 million in Fiscal Year 2014- 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 24 Packet Page -1929- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS 2015. The annual recurring negative impact to the General Revenue Fund is $395 million. This includes a transfer of$31 million to the Highway Safety Operating Trust Fund to replace the reduction in revenues to the trust fund resulting from the fee reductions. The annual savings to motor vehicle owners ranges from $13.55 for an antique motorcycle to $25.05 for automobiles and trucks in the higher weight categories. This last group contains the highest number of registered vehicles. The fee reductions associated with the annual vehicle registration are listed below: • The Florida Real Time Vehicle Information System service fee is reduced by 75 cents; • The general revenue registration service fee is reduced by$2.50; • The registration receipt/decal fee is reduced by $2.00. • The materials processing fee is reduced by$1.00; • Two license tax surcharges are reduced by $2.80 and $4.50; and • The annual license tax, or"base tax" on motorcycles, mopeds, automobiles, tri-vehicles, and light trucks is decreased by various amounts depending on the type of vehicle and the net weight of the vehicle. Approved by Governor on April 2, 2014; Chapter No. 2014-6, Laws of Florida. HB 175 Relating to Emergency Communication Systems — Effective date July 1, 2014. This bill amends provisions relating to collection of the E911 fee, expands the list of authorized county expenditures for which E911 system funds may be used, modifies the percentage of funds to be distributed to counties, and provides for a percentage of funds to be used for grants to counties to upgrade and replace E911 systems. It also prohibits a local government from levying any additional fee on sellers of prepaid wireless services for the provision of E911 service. -- HB 803 Relating to Communications Services Tax— Effective date July 1, 2014. This bill amends the definition of the term "information services"to include data processing and other related services. Approved by Governor on May 12, 2014. HB 7095 Relating to Professional Sports Facilities Incentive Application Process— Effective date July 1, 2014. This bill allows the Department of Economic Opportunity to accept applications for tax breaks and then evaluate and rank them for consideration by the Legislative Budget Commission. Once approved, facilities could get up to $3 million a year for 30 years. Teams would have to pay back their incentive awards if they fail to meet their increased revenue goals, plus a 5% penalty. For the 2014-15 fiscal year, a total of$7 million in sales tax rebates may be handed out across all facilities, though the cap would increase to $13 million a year beginning in the 2015-16 fiscal year. GENERAL GOVERNMENT HB 9 Relating to Legislative Session Dates — Effective date upon becoming law. This bill changes the beginning date of the 2016 Regular Session to January 12, 2016. SB 224 Relating to Nicotine Dispensing Devices —Effective date July 1, 2014. This bill provides that the sale or giving of nicotine products or nicotine dispensing devices to a minor is prohibited, and sets out penalties increasing in severity for repeat violations SB 242 Relating to the Security of Protected Consumer's Information — Effective date September 1, 2014. This bill creates the "Keeping I.D. Safe (KIDS)Act," and allows a guardian for a "protected consumer" (younger than 16 or a person protected by a guardian) to place a security freeze on a consumer report, and prohibits a consumer reporting agency from releasing a report to a third party without 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 25 Packet Page-1930- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS express authorization. The intent is to prevent unauthorized persons from opening lines of credit in a protected consumer's name and engaging in identity theft. SB 392 Relating to State Speed Zones —Effective date July 1, 2014. This bill raises the maximum speed on designated highways to 75 MPH. HB 627 Relating to Service of Process — Effective date July 1, 2014. This bill requires a sheriff to charge a fee of$40 for each summons served, eliminating the exception for service of duplicate process served on the same person in the same action, authorizes either the person requesting service or the person serving process to file the return of service with the court. SB 730 Relating to Municipal Governing Body Meetings — Effective date July 1, 2014. This bill authorizes the governing board of a municipality and the county in which it is located or another municipality to hold joint meetings anywhere in that county or within the boundaries of the other municipality so long as the two governing bodies are acting on or discussing matters of mutual interest. HB 797 Relating to Clerks of Court— Effective date July 1, 2014. This bill makes numerous changes to provisions relating to tax certificates, allows jurors and witnesses to be paid by check, and requires a party applying for garnishment to deposit payment of$100 with the garnishee instead of into the court registry for payment of attorney fees. HB 781 Relating to Legal Notices —Effective date October 1, 2014. This bill requires that legal notices must be posted on a newspaper's website on the same day that the printed newspaper notice appears in a separate web page titled "Legal Notices,""Legal Advertisements, " or comparable language, and requires that a newspaper's web pages that contain legal notices shall present the legal notices as the dominant and leading subject matter of those pages. SB 846 Relating to Governmental Ethics—Effective date July 1, 2014. This bill adds elected municipal officers to the list of persons who much participate in annual ethics training, requires the Ethics commission to initiate an investigation for persons who fail or refuse to file financial interest statements, requires citizen support and direct-support organizations to create an ethics code, and prohibits a person from lobbying a water management district before registering. HB 7015 Relating to Military and Veteran Support—Effective date July 1, 2014. This bill waives out-of-state tuition for honorably discharged veterans, amends Florida's veterans' preference in employment statute to increase the field of persons eligible for the preference and the points to be awarded, authorizes the establishment of preference in private employment for classes of veterans, and numerous other provisions. Approved by the Governor March 31, 2014, Chapter No. 2014-1, Laws of Florida. GROWTH MANAGEMENT SB 356 Relating to Regulation of Public Lodging Establishments — Effective date July 1, 2014. This bill amends the existing preemption of local government regulation over vacation rentals, providing that local laws may not prohibit vacation rentals or regulate the duration or frequency of vacation rentals. SB 374 Relating to Growth Management— Effective date upon becoming law. This bill eliminates a requirement that local referenda on development decisions involve five or more parcels. SB 1070 Relating to Fuel Terminals—Effective date July 1, 2014. This bill prohibits cities and counties from classifying existing fuel terminals as nonconforming land uses in the future. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 126 Packet Page-1931- Buchanan ingers+n 6/10/2014 16.F.2. FOWLER WHITE BOGGS HB 325 Relating to Brownfields - Effective date July 1, 2014. This bill revises the process for designating brownfield areas, clarifies the requirements that apply to local procedures for brownfield area designations, and provides relief from liability for property damage caused by contamination for those who successfully implement a brownfield site rehabilitation agreement for causes of action accruing on or after July 1, 2014. SB 536 Relating to Reclaimed Water—Effective date July 1, 2014. This bill required the Department of Environmental Protection to conduct a study on the expansion of the beneficial use of reclaimed water, stormwater, and excess surface water and submit a report to the Governor and the Legislature no later than December 1, 2015. HEALTH AND HUMAN SERVICES HB 97 Relating to Access to Health Care for the Underserved — Effective date July 1, 2014. This bill extends the period for which a health care provider is considered to be an agent of the state for purposes of sovereign immunity to 30 days after a determination of a patient's ineligibility to allow for treatment until the individual transitions to treatment by another provider and allows a dentist to accept reimbursement of some or all of a patient's dental lab costs without being considered to have accepted compensation, thus retaining sovereign immunity protection. SB 260 Relating to Unaccompanied Homeless Youths —Effective date July 1, 2014. This bill authorizes an "unaccompanied homeless youth"to consent to certain health services or a forensic medical examination, even though the youth is a minor and would otherwise be unqualified to do so because of the disability of nonage. A health care provider can accept a written certificate from a qualified entity as proof of a minor's status. HB 298 Relating to Certificates of Need - Effective date July 1, 2014. This bill repeals the moratorium on new certificates of need for nursing homes, and allows AHCA to issue CONs between July 1, 2014 and June 30, 2017 for total of no more than 3,750 new nursing home beds. It also increases the flexibility in the CON approval process for construction of new nursing homes and the expansion of existing nursing homes. SB 670 Relating to Nursing Home Litigation — Effective upon becoming a law. This bill limits the persons who may be sued for negligence or a violation of a resident's statutory rights to the nursing home licensee and its management or consulting company, managing employees, and direct caregivers (shielding passive investors from liability), specifies the exclusive remedy for personal injury or death of a nursing home resident, specifies an election of either survival damages or wrongful death damages, requires timely payment of judgments against nursing homes, and limits claims for punitive damages. HB 709 Relating to Alzheimer's Disease— Effective date July 1, 2014. This bill requires the Division of Emergency Management to develop and maintain a special needs shelter registration program that can be accessed by and through local emergency management agencies, requires all special needs shelters to establish designated shelter areas for persons with Alzheimer's disease or related forms of dementia, creates an Alzheimer's research program within the Department of Health, and requires the department to develop minimum performance standards for memory disorder clinics. HB 979 Homelessness — Effective date July 1, 2014. The bill adds homeless persons to the list of persons needing standard, affordable housing. It designates lead agencies of homeless assistance continuums of care as entities that may receive training and technical assistance. The training and technical assistance must be provided by a nonprofit entity that meets the requirements pursuant to s. 420.531, F.S. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 127 Packet Page -1932- Buchanan 1ngerso 6/10/2014 16.F.2. FOWLER WHITEBOGGS The Council on Homelessness is authorized to accept and administer moneys appropriated to it to provide annual "Challenge Grants"to lead agencies for homeless assistance. The grants may be used to fund any of the housing, program, or service needs included in the local homeless assistance continuum of care plan. SB 1030 Cannabis — Effective upon becoming law. The bill creates the Compassionate Medical Cannabis Act of 2014. Notwithstanding the criminal prohibitions in ch. 893, F.S., the act allows: • Patients and their legal representatives to possess and purchase low-THC cannabis; • Owners, managers, and employees of a dispensing organization to manufacture, possess, sell, deliver, distribute, dispense, and lawfully dispose of low-THC cannabis; • Recognized medical centers to conduct research on cannabidiol and low-THC cannabis; and • State universities, with both medical and agricultural research programs, to conduct research on cannabidiol and low-THC cannabis. The act also creates an exception from the definition of"cannabis" in s. 893.02, F.S., for low THC cannabis that is manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with newly created s. 381.986, F.S. HB 1047 Relating to Termination of Pregnancies — Effective date July 1, 2014. This bill prohibits an abortion (with limited exceptions)if the fetus has achieved viability, which is defined in the bill as the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures, and requires a physician to document how the determination of viability was made. It also modifies the exceptions to allowing an abortion during the third trimester and during viability. SB 1666 Child Welfare—Effective date July, 1 2014. The bill makes numerous changes to laws and programs intended to protect children from abuse and neglect. The bill modifies requirements for child abuse investigation services provided by the Department of Children and Families and in some counties the sheriffs office. The bill also amends laws establishing the state's privatized child welfare services through the community-based care agencies. The budget also includes $56.9 million for child welfare improvements, including $18.6 million for an additional 270 Child Protective Investigators to reduce worker caseloads. HB 7141 Human Trafficking —Effective date July 1, 2014. The bill changes statutory requirements for safe houses to establish standards for residential treatment of sexually exploited children and authorizes safe foster homes. The bill creates a certification program for safe houses and safe foster homes at the Department of Children and Families (DCF), and requires certification in order for these facilities to accept state funds specifically allocated to care for sexually exploited children. INSURANCE HB 291 Warranty Associations — Effective date July 1, 2014. Under the bill, the parameters for delivery of motor vehicle service agreements, home warranties, and service warranty contracts are consistent and the same. The bill allows the electronic delivery of motor vehicle service agreements, home warranties, and service warranty contracts. The same delivery requirements apply to motor vehicle service agreements and home warranties under the bill. HB 321 Relating to Title Insurance— Effective date July 1, 2014. This bill legislatively addresses a 2013 decision of the Florida Supreme Court(Tiara Condominium Association v. Marsh & McClennan)and reinstates application of the economic loss rule to title insurance by providing that only contract remedies are 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 28 Packet Page -1933- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS available for the breach of a duty which arises solely from the terms of a contract of title insurance or certain other instruments (e.g., closing protection letters) issued by a title insurer. The bill also makes numerous changes to title insurance agent and agency licensure, forms and reserve requirements. SB 424 Relating to Discriminatory Insurance Practices — Effective date July 1, 2014. This bill makes it illegal for insurance companies to deny coverage or increase rates if a customer owns a gun, and to disclose ownership or possessions of firearms to a third party unless the insurer discloses to the applicant a specific need to disclose the information. SB 542 Relating to Flood Insurance —Effective date upon becoming law. This bill permits authorized insurers to issue policies for personal lines residential coverage for the peril of flood subject to the requirements of the bill. It prohibits Citizens Property Insurance Corporation and the Florida Hurricane Catastrophe Fund from providing flood insurance coverage. Authorized insurers may sell four different types of flood insurance products: • Standard coverage, which covers only losses from the peril of flood as defined in the bill, which is the definition used by the National Flood Insurance Program (NFIP). The policy must be the same as coverage offered from the NFIP regarding the definition of flood, coverage, deductibles, and loss adjustment. • Preferred coverage, which includes the same coverage as standard flood insurance and also must cover flood losses caused by water intrusion from outside the structure that are not otherwise covered under the definition of flood in the bill. • Customized coverage, which is coverage that is broader than standard flood coverage. • Supplemental coverage, which supplements an NFIP flood policy or a standard or preferred policy from a private market insurer. Supplemental coverage may provide coverage for jewelry, art, _ deductibles, and additional living expenses. It does not include excess flood coverage over other flood policies. SB 708 Relating to Insurance Claims - Effective date July 1, 2014. This bill prohibits denial of a claim based on credit information available in public records if a policy has been in effect for more than 90 days, and provides that an insurer must provide a policyholder with a Homeowner Claims Bill of Rights within 14 days of receipt of a claim unless claim relates to a declared emergency. HB 785 Workers' Compensation — Effective date July 1, 2014. The bill revises provisions relating to the regulation of workers' compensation retrospective rating plans by the Office of Insurance Regulation (OIR). Currently, under such a plan, the final workers' compensation insurance premium paid by the employer is based on the actual loss experience of the employer during the policy, plus negotiated expenses and charges. If the employer controls the amount of claims, it pays lower premiums. SB 1672 Relating to Property Insurance - Effective date July 1, 2014. The bill prohibits Citizens Property Insurance Company from offering new commercial residential policies providing multiperil coverage but may continue to offer commercial residential wind-only policies or policies excluding wind, and may renew existing multiperil policies. JUDICIARY SB 386 Application of Foreign Law in Courts —Effective date October 1, 2014. This bill is intended to ensure that Floridians will be protected from the application of unfair and unjust laws of foreign nations during the litigation of family law and child custody matters. This bill codifies existing case law from appellate and Florida Supreme Court opinions. __ 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 129 Packet Page -1934- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGG,S The bill prohibits courts from enforcing a foreign law that violates the strong public policy of this state or that is unjust or unreasonable. SJR 1188 Prospective Appointment of Judicial Vacancies — If approved by a vote of at least 60 percent of the voters voting on the measure at the 2014 General Election, these provisions will take effect on January 6, 2015. This joint resolution proposes an amendment to the State Constitution to require the Governor to prospectively fill vacancies on the Florida Supreme Court or a district court of appeal that will occur under certain circumstances. The Governor must prospectively fill a vacancy that will occur due to a justice or judge reaching the mandatory retirement age or failing to qualify fora retention election. Additionally, the amendment allows the Governor to prospectively fill a vacancy that will occur because a justice or judge fails to be retained in office at a retention election. REAL PROPERTY SB 440 Condominiums— Effective date July 1, 2014. The bill amends several provisions in s. 718.112, F.S., which specifies the provisions that must be included in the bylaws of condominiums, to distinguish the bylaws requirements for residential condominiums from those for commercial condominiums. The bill limits the following bylaw requirements to residential condominiums: • The time periods for associations to respond to a unit owner's written inquiries; • The requirements for the election of board members, the use of staggered terms for members of the board, and the use of limited and general proxies; • Prohibitions on persons who are not eligible to serve on the board of a condominium association, including co-owners of a unit, persons who have been suspended, persons who are delinquent in the payment of a monetary obligation due to the association, and persons convicted of a felony; • The pre-election certification requirements for newly elected or appointed board members; and; • The requirement that the bylaws of the association must provide for mandatory nonbinding arbitration of disputes by the Division of Florida Condominiums, Timeshares, and Mobile Homes within the Department of Business and Professional Regulation. HB 489 Relating to Subsurface Rights —Effective date October 1, 2014. This bill requires a seller of a new home to disclose if the seller or an affiliated or related entity has previously severed or retained any of the subsurface rights or right of entry. HB 807 Relating to Residential Properties —Effective date July 1, 2014. This bill contains numerous amendments to laws relating to homeowners' and condominium associations, including: it clarifies that the statutory notice required of a homeowners' association to renew its covenants and restriction for an additional 30 years is sufficient, provides that a condominium association may access an abandoned unit for the purpose of preservation of the unit and may seek appointment of a receiver to lease the unit to offset costs of maintenance, and requires outgoing board or committee members to relinquish official records and property of the association within 5 days after an election. REGULATED INDUSTRIES HB 224 Nicotine Dispensing Devices — Effective date July 1, 2014. The bill extends the current prohibitions related to tobacco products to prohibit the sale, gifting, possession, or use of nicotine dispensing devices and nicotine products, which include electronic cigarettes (e-cigarettes), to and by persons under the age of 18. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 30 Packet Page -1935- Buchanan hngerso 6/10/2014 16.E2. FOWLER WHITE BOGGS The bill provides that the sale or giving of"nicotine products" and "nicotine dispensing devices"to minors under the age of 18 is prohibited and punishable as a second degree misdemeanor. The bill provides signage requirements for dealers of"nicotine products" and "nicotine dispensing devices." SB 356 Regulation of Public Lodging Establishments and Public Food Service Establishments - Effective date July, 2014. The bill prohibits local laws, ordinances, or regulations that regulate the duration or frequency of rental of vacation rentals. It repeals the provisions in current law that prohibit local laws, ordinances, or regulations that restrict the use of vacation rentals or that regulate vacation rentals based solely on their classification, use, or occupancy. The bill maintains the current prohibition against local laws, ordinances, or regulations that prohibit vacation rentals. TRANSPORTATION, TOURISM AND ECONOMIC DEVELOPMENT SB 218 Transportation, Utilities, and Outdoor Advertising – Effective date July 1, 2014. SB 218 authorizes, but does not require the Florida Department of Transportation (FDOT or department)to provide for the monetization of the revenue stream from leases for wireless communication facilities on property owned, or controlled by the FDOT, and to seek investors to purchase the monetized streams. The bill authorizes the department to use appropriated funds to support the development of a statewide system of interconnected multiuse trails. Operation and maintenance of such trails is not an obligation of the FDOT. The FDOT is also authorized, but not required, to improve and maintain a city or county road that is part of the city or county road system, and which provides access to a state park. — The bill also provides an exception for certain publicly-owned utilities in rural areas of critical economic concern (RACEC), from the requirement to pay the cost to remove or relocate utility lines on the State Highway System in certain circumstances, and allows municipalities within a RACEC or a RACEC community,to compete for project funding using the Small County Outreach Program criteria. The bill authorizes the Tampa-Hillsborough Expressway Authority to provide managed lanes and other transit support facilities and to expand its service area into adjacent counties with the consent of those counties. The bill provides a process for disposing of personal property found on a public transportation system. HB 7005 Transportation – Effective date July 1, 2014. The bill revises a number of transportation- related provisions. Most, but not all of the revisions, affect functions or programs under the jurisdiction of the Department of Highway Safety and Motor Vehicles (DHSMV). Some affect functions or programs under the jurisdiction of the Department of Transportation (FOOT). Driver Licenses • Provides additional circumstances under which a person may avoid driver license suspension for failure to pay child support. • Reduces the mandatory period of revocation or suspension of a driver license from two years to one for persons convicted of certain drug offenses, and requires a court to make a determination as to whether a restricted license would be appropriate for such persons. • Requires the driver licenses and identification cards of individuals designated as sexual predators to include to the marking "SEXUAL PREDATOR." 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 131 Packet Page -1936- Buchanan.Ingerso 6/10/2014 16.F.2. FOWLER WHITE BoGGS • Authorizes the DHSMV to issue a driver license to an applicant whose driving privilege is suspended or revoked in another state for an offense that would not have been grounds for suspension or revocation in this state. • Makes the suspension or revocation of a driver license of a person being prosecuted for passing a worthless check discretionary under certain conditions. DUI/Ignition Interlock Devices • Authorizes a court to order placement of an ignition interlock device (IID)at a first-time-convicted person's expense for at least six continuous months on all vehicles routinely operated by the person. • Authorizes a court to order a person, at that person's expense, to participate in a "qualified sobriety and drug monitoring program," in which participants are regularly tested for alcohol and drug use, in addition to the IID requirement. • Requires the Office of Program Policy Analysis and Government Accountability to submit a study, by January 1, 2015, to the Governor, Senate President, and House Speaker on the effectiveness of IID use as an alternative to driver license suspension. Vehicle Operation • • Defines "sanitation vehicle" and "utility service vehicle," and mandates that drivers observe the requirements of the "Move Over Act"with respect to such vehicles. • Extends the period allowing the use of low-speed vehicles and golf carts by seasonal delivery personnel from December 31 of each year to January 31 of each year. • Adds accredited educational institutions to the organizations that may operate autonomous vehicles for testing purposes, and removes obsolete language relating to an already-submitted DHSMV report. • Authorizes the Office of Insurance Regulation to approve a motor vehicle insurance premium discount for insured vehicles equipped with autonomous driving technology or electronic vehicle collision avoidance technology in compliance with National Highway Traffic Safety Administration standards. • Deletes a provision that negates the violation of failing to yield the left lane if the vehicle is traveling at up to 10 miles slower than the posted speed limit. • Prohibits a bus from stopping to load or unload passengers in a manner that restricts the progression of traffic if another"reasonable means" exists. Specialty and Special License Plates • Creates a new military-related special use license plate that will be stamped with the word "Veteran." • Extends the current moratorium on new specialty license plates from July 1, 2014, to July 1, 2016. Miscellaneous • Requires a specified decal on each gas pump reflecting certain information relating to fueling assistance for disabled drivers at self-service gas stations; and provides that counties and municipalities are not barred from expanding the accessibility, safety, or availability of fueling assistance. • Prohibits requiring a gas station to provide air or vacuum supply without charge and preempts all local ordinances to that effect. • Provides a free identification card to a person who presents satisfactory evidence that he or she is homeless or that his or her annual income is at or below 100% of the federal poverty level. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 32 Packet Page -1937- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS • Requires a county or municipality to respond within 60 days after receiving a request from another county or municipality to which it provides traffic signal services regarding the evaluation, installation, operation, or maintenance of a signal. • Authorizes counties to create a yellow dot critical motorist medical information program; provides for limited use of the medical information by emergency medical responders; and requires the county to adopt guidelines to ensure confidentiality of the information. Florida Department of Transportation • Replaces the maximum limit on funding for the Intermodal Logistics Center Infrastructure Support Program of"up to" $5 million annually with a minimum of"at least" $5 million annually beginning in fiscal year 2014-2015 and provides that the funding expires on July 1, 2020. • Exempts deepwater port vehicles and equipment from vehicle registration requirements when operated on public roads connecting facilities of a deepwater port for the purpose of transporting cargo, containers, and other equipment. HB 7023 Economic Development— Effective date July 1, 2014. The bill addresses a number of activities related to economic development as well as activities under the jurisdiction of the Department of Economic Opportunity(DEO). Specifically, the bill addresses the following: Rural Job Tax Credit Program • Provides a tax refund of up to 50 percent of the sales tax paid for electricity by an eligible business receiving a tax credit under the Rural Job Tax Credit Program during the 1-year period after the tax credit is received. • The total amount of tax refunds that may be approved is capped at$600,000 for each calendar year. Economic Development Reporting • Requires Office of Economic and Demographic Research (EDR) and the Office of Program Policy Analysis and Government Accountability(OPPAGA)to include the New Markets Development Program in the rotating, 3-year review schedule of economic development programs. Triumph Gulf Coast, Inc. • Clarifies that the Auditor General's annual audit of Triumph Gulf Coast, Inc., and the Recovery Fund is a performance audit, and that the audit by the retained independent certified public account is to be performed annually. Florida Small Cities Community Development Block Grant Program • Provides the DEO rulemaking authority to establish guidelines to distribute the Small Cities Community Development Block Grant Program funds through a competitive selection process. Developments of Regional Impact • Exempts certain developments that qualify for an exemption as a Dense Urban Land Use pursuant to s. 380.06(29), F.S., from aggregation requirements set forth in s. 380.0651(4), F.S. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 133 Packet Page -1938- Buchanan Ingcrs+� 6/10/2014 16.F.2. FOWLER WHITE BOGGS Permits • Extends and renews certain building permits issued by the Department of Environmental Protection, by a water management district, or a local government for a period of 2 years. • Requires permit holders to apply for a permit extension, in writing, by December 31, 2014. • Provides that the permit extensions do not apply to permits issued by the Army Corp of Engineers, permits in significant noncompliance, or permits that, if extended, would prevent compliance with a court order. • Allows a local government to require an applicant for a permit extension to maintain and secure the property in compliance with applicable laws and ordinances. The Florida Microfinance Act • Creates the "Florida Microfinance Act" consisting of two programs: a loan program and a guarantee program. • Under the loan program, the DEO will competitively award funds to up to three eligible loan administrators who will in-turn provide a 1:1 match to make short-term, microloans of up to $50,000 to entrepreneurs and small businesses. The borrower must participate in business training and technical assistance provided by the Florida Small Business Development Network. • Under the guarantee program, Enterprise Florida, Inc., (EFI)will utilize state funds to guarantee loans made by private lenders to entrepreneurs and small businesses in Florida. Loan guarantees may only be provided on loans between $50,000 and $250,000, and a guarantee cannot exceed 50 percent of the total loan amount. • Under both programs, eligibility is limited to borrowers who are entrepreneurs or small businesses with 25 or fewer employees and revenue up to $1.5 million per year. HB 7175 Department of Transportation - Effective date July 1, 2014. The bill makes a number of revisions to statutes addressing the functions and responsibilities of the Florida Department of Transportation (FDOT). Accountability and Efficiency • Prohibits the FDOT from entering into any lease-purchase agreement with any expressway authority, regional transportation authority or other entity effective July 1, 2014. • Authorizes the FDOT to enter into a concession agreement with a not-for-profit or private entity for commercial sponsorship displays on multiuse trails and related facilities and to use the agreement revenues for the maintenance of the trails and facilities. • Establishes a date no later than June of 2018 by which time the FDOT will no longer use toll revenues of the Alligator Alley to pay the costs of operation of a local fire station. • Improves the process for mitigation of environmental impacts of transportation projects, allowing the FDOT to program funds based on the estimated actual cost of necessary mitigation, while also resulting in a savings to the state. • Makes a number of revisions to the control of outdoor advertising. The bill provides Water Management District(WMD) public information systems are subject to the provisions of certain federal laws and agreements and effectively rewrites ch. 479, F.S., to relocate, revise, and repeal various definitions, and to revise various duties of the FDOT to modernize and streamline the administration and enforcement of state and federal outdoor advertising provisions. 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 34 Packet Page-1939- Buchanan Ingerso 6/10/2014 16.F.2. FOwLERWHTTE BOGGS Miscellaneous • Requires the Florida Transportation Commission to conduct a study of the potential for the state to obtain revenue from any parking meters located within or along the right-of-way limits of a state road and requires each municipality and county that receives revenue from any such parking meters to provide the FTC a written inventory of the location of such meters. *Portions of bill summaries provided by House and Senate staff analyses 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 35 Packet Page-1940- Buchanan In(verso 6/10/2014 16.F.2. FOWLER WHITE BOGGS Major Legislation That Failed to Pass Lawmakers passed 229 general bills out of the 1,540 filed this Session, the fewest since 2001, roughly 22% less than the average passed annually from 2004-2013. Many have speculated the legislature purposefully limited the number of bills passed that could hamper Gov. Scott's re-election efforts connecting with moderate voters. Below are major bills that did NOT pass this Session. HB 11/SB 176 Commercial Rental Tax Reduction Florida is the only state in the country to collect taxes on commercial leases. The bills provided for an incremental reduction of state sales tax imposed on rental or license fees charged for use of commercial real property eventually providing for future repeal of the tax. Legislative leadership determined early in Session that$500 million was the number for tax reductions/rebates and with SB 156 Motor Vehicle Licenses and Fees accounting for nearly$400 million in revenue reductions, roughly$100 million was left for all other tax cuts. Proposals, such as, HB 11/SB 176 was perceived to be too large of a recurring impact on state coffers with a 1% reduction resulting in an estimated $248.8 million fiscal impact in FY 2015-16. Instead, lawmakers chose several smaller, non-recurring tax rebates and incentives to round out this year's tax package, HB 5601. The bills died in committee. SB 122 Stand Your Ground Reform The bills were filed after the controversial Stand Your Ground Law defense related to the killing of Trayvon Martin and subsequent court case. The bill would have required the county sheriff or municipal police department to issue reasonable guidelines for participants in neighborhood crime watch programs. The bill specified that the guidelines must include a prohibition against the program participant, while on patrol, confronting or attempting to apprehend a person suspected of improper or unlawful activity. HB 159/SB 574 Mental Health First Aid The bills required the Department of Children and Families to establish a mental health first aid training program. The program was intended to train individuals to identify and understand the signs of mental illnesses and substance use disorders and to help someone who is developing or experiencing a mental health or substance use problem. SB 246/HB 7181 Local Pension Reform Both the local pension and Florida Retirement System bills failed to pass again this year. Ironically the local pension bill had support from both municipalities and the fire and police unions late in Session as a compromise was brokered. However, the House coupled the local pension issue with FRS reform (HB 7181) effectively killing both issues in the Senate. SB 266 Communications Services Tax SB 266 reduced the state portion of the communications services tax (CST) rate by 0.58 percent, from 6.65 percent to 6.07 percent and the tax rate on direct-to-home satellite services from 10.8 percent to 10.22 percent. HB 301/SB 584 Medical Examiners The bill prohibited district medical examiners and counties from charging a member of the public or a funeral home or crematorium a fee for any determination of death performed under certain circumstances. The bill was later amended with a fee cap instead of a prohibition, but died in committee. SB 372/HB 261 Developments of Regional Impact SB 372 reduced the minimum population and density requirements for counties to qualify as a dense urban —. land area (DULA). Land development projects were exempt from development of regional impact(DRI) review if they are located in a DULA. This bill would have designated an additional 7 counties and 20 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 36 Packet Page-1941- Buchanan Ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS municipalities as DULAs. The bill also exempted any proposed development located in a DULA from the DRI aggregation criteria. HB 395/SB 1314 Relating to Growth Management The bills required local governments to address the protection of private property rights in their comprehensive plans and required the comprehensive plan to include a property rights element that addressed certain objectives. Lastly the bills required counties and municipalities to adopt land development regulations consistent with the property rights element. HB 573/SB 248 Health of Residents (Assisted Living Facilities) The bills addressed topics that impact the health of residents, including assisted living facilities, recovery care centers, transitional living facilities, mental and emotional harm to children, specialty-licensed hospitals, and home health agencies. The bill strengthened the regulation of Assisted Living Facilities (ALFs) and makes other regulatory changes to improve the quality of ALFs. The legislation got caught up in differences between the House and Senate on unrelated healthcare issues and died on the Senate Calendar. SB 582/HB 479 Regulation of Sober Homes The bills required sober house transitional living homes (sober houses)to annually register with the Department of Children & Families (DCF) in order to operate in the state and provides a criminal penalty for operating without a valid certificate of registration. The bill authorized the DCF to conduct inspections, and issue, deny, suspend, or revoke a certificate of registration. Lastly, the bill required certain personnel of a sober house to comply with level 2 background screening. HB 703/SB 1464 Environmental Regulation Among other items, the bills prevented counties from continuing to adopt duplicative wetlands, springs protection, and stormwater regulations for agricultural lands after July 1, 2003, by modifying regulations adopted prior to July 1, 2003. The legislation reduced the voting requirement for approval of a local government's proposed comprehensive plan or plan amendment by requiring approval by a "simple majority" vote of the members of the governing body, rather than requiring approval by "at least a simple majority." The bills also Prohibited local governments from requiring water control districts to meet additional regulatory requirements for certain structures included within a water control plan. The bills were universally opposed by the environmental community and died in committee. SB 1114/HB 7181 Florida Retirement System The FRS bill (SB 1114)would have require elected officers, except judges, taking office after July 1, 2015, to go into the 401(k)-style investment plan. Regular employees would still be allowed in the "defined benefit" pension plan, but vesting for that system would be increased from 8 to 10 years. SB 710/HB 869 Medicaid Expansion The Medicaid expansion bills were never heard in committee this Session. The bills would have drawn-down federal funding to allow the working poor to purchase private insurance, similar to language in a 2013 Senate plan. Late in Session, the so-called local option plan was filed as an amendment but withdrawn after a point of order. The local option would have allowed local Inter Governmental Transfers or IGTs to be used in lieu of the state share for Medicaid expansion as proposed by U. S. Senator Bill Nelson. SB 1354/HB 7113 Trauma Centers The bills were amended late in Session to address trauma center disputes that are the subject of ongoing legal battles. The House and Senate generally agreed on keeping three disputed trauma centers (Regional Medical Center Bayonet, Blake Medical Center, and Ocala Regional Medical Center open, creating a one- year$15,000 cap on access fees and instituting a one-year moratorium on new trauma centers. The Senate 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 37 Packet Page -1942- Buchanan ingerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS bill prohibited challengers from pursuing legal action in the future. The trauma issue was ultimately one of the last issues to die in the 2014 Session. SB 1576/HB 1313 Springs Protection The bill would have required advanced sewage treatment and septic tanks in areas with polluted springs. The Department of Environmental Protection in coordination with the water management districts, was directed to delineate spring protection and management zones and originally provided $378 million to clean up identified impaired springs. The bill passed the Senate 38-0, but it died in the House, where the companion bill was never heard in a committee. SB 1726 Crisis Stabilization Services The bill directed the Department of Children and Families (DCF)to develop, implement, and maintain standards under which behavioral health managing entities must have collected utilization data from public receiving facilities that are operating under DCF designation as crisis stabilization units. The bill required managing entities to collect specified utilization data in real time or at least daily, requiring the entities to perform reconciliations monthly and annually to ensure data accuracy. No House companion was filed and the bill died in House Messages. HB 7105 Omnibus Healthcare Bill HB 7105 was one of the last bills pending Friday night as the House passed a 115 page amendment that included among other items; grandfathering in of three provisional for-profit trauma centers; a cap of $15,000 on trauma activation fees; overnight stays for patients in ambulatory surgical centers; and assisted living facility reforms. The trauma provisions and surgical centers expansion were vehemently opposed by safety-net hospitals but the House passed the bill as amended in the waning hours of Session, 108-9. However, the Senate refused to take up the bill as time expired. SB 7050/HB 7151 Gaming Despite numerous hearings around the state in the interim and hours of testimony taken during committee meetings, gaming reform died this year. The Senate sought to implement comprehensive gambling oversight and decide whether or not to allow destination casinos in South Florida. The House bill, HB 7151, offered a constitutional amendment to authorize the expansion of gambling on the upcoming November ballot. In the end, the issue died in committee. *Portions of bill summaries provided by House and Senate staff analyses 2014 COLLIER COUNTY LEGISLATIVE SUMMARY 138 Packet Page -1943- Buchanan Tngerso 6/10/2014 16.F.2. FOWLER WHITE BOGGS tsv09f2014 FLORIDA LEGISLATURE—REGULAR SESSION-2014 3.2 IeA2 STATISTICS REPORT SENATE BILL FILED PASSED PASSED BOTUU SENATE CHAMBERS coNruRRENT RFSOLT'T1OXS 3 1 1 RESOLETIONS{ONE CHAMBER) 59 53 0 GENERAL BILLS 775 149 106 LOCAL BIT IC 23 0 0 JOINT RESOLLTIONS 11 1 1 MEMORIALS 14 6 4 TOTALS 585 210 112 HOUSE.BILLS FILED PASSED PASSED BOTH HOUSE CHAMBERS CONCURRENT RESOLUTIONS 4 1 I RESOLUTIONS(ONE CHAMBER) 64 64 0 (iE:4_RAL BILLS 765 183 123 LOCAL RR i S 55 30 26 JOINT RESOLUTIONS 12 0 0 MEMORIALS 26 5 TOTALS 926 283 152 SENATE AND HOUSE BILLS c FILED PASSED FIRST PASSED BOTH CHAMBER CHAMBERS CONCURRENT RESOLUTION S 7 2 RESOLLTDONS(ONE CHAMBER) 123 1I7 0 (TI ERAL.BELLS 1540 3332 229 LOCAL BE I S 78 30 JOINT RESOLUTIONS 2: 1 1 MEMORIALS 40 I I 6 TOTALS 1811 493 264' 2014 COLLIER COUNTY LEGISLATIVE SUMMARY I 39 Packet Page-1944-