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Agenda 06/11/2008 W (Legislative Session) BOARD OF COUNTY COMMISSIONER'S POST LEGISLA TIVE WORKSHOP MEETING AGENDA JUNE 11, 2008 Board of County Commissioners Collier County Legislative Delegation Post 2008 Legislative Session Workshop Wednesday, June 11,2008 1 - 4 p.m. Al!enda I. Introduction - Board of County Commissioners Vice Chairman Donna Fiala II. Remarks on behalf of Legislative Delegation - Representative Garrett Richter, Chairman III. 2008 Legislative Session Summary - Keith Arnold, Collier County's state lobbyist IV. Looking Ahead at 2009 Legislative Session V. Other Topics VI. Public Comment VII. Adjourn Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 www.collierllov.net June 4, 2008 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY LEGISLATIVE DELEGATION POST 2008 LEGISLATIVE SESSION WORKSHOP WEDNESDAY, JUNE 11,2008 1-4P.M. Notice is hereby given that the Collier County Board of County Commissioners and the Collier County Legislative Delegation will hold a joint Post 2008 Legislative Session Workshop on Wednesday, June 11 from 1 to 4 p.m. in the Board of County Commissioners chambers located on the third floor of the W. Harmon Turner Building, Administration Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples. The agenda includes, but is not limited to, a summary of the 2008 Legislative Session as well as a preview of the 2009 Legislative Session. In regard to the public meeting: All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the meeting. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34l12, (239) 774-8380; assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Debbie Wight, assistant to the county manager, at 252-8383. -End- Board of County Commissioners Collier County Legislative Delegation Post 2008 Legislative Session Workshop Wednesday, June 11,2008 1 - 4 p.m. Aeenda I. Introduction - Board of County Commissioners Vice Chairman Donna Fiala II. Remarks on behalf of Legislative Delegation - Representative Garrett Richter, Chairman III. 2008 Legislative Session Summary - Keith Arnold, Collier County's state lobbyist IV. Looking Ahead at 2009 Legislative Session V. Other Topics VI. Public Comment VII. Adjourn essiOD Summarv 2008 Session Overview The 2008 Regular Session officially ended on Friday, May 2nd This was the toughest session in recent history as a result of a flurry of deep budget cuts for both the current and next fiscal year. The $66.2 billion budget is smaller than this current year's by $4 billion and is the lowest since 2006. The losses were many, the gains few. With the Majority party resisting any new tax or revenue increases, the cuts had to be made to balance the state budget as required by the state constitution. The legislature held the traditional 'sine die' at shortly after 6:00 pm on Friday without the usual last minute frantic deal-making at midnight of the last day. The celebration was muted and the lawmakers were out of the Capitol by sundown. The budget and subsequent cuts in healthcare, education, and social services dominated the 2008 Session. Health-care spending was slashed by more than $1 billion. Education, from kindergarten to college was reduced another $900 million. Substance abuse and mental health funding for providers was reduced as well. Some deeper cuts were avoided at the II lh hour by the infusion of Lawton Chiles Endowment Funds at $350 million dollars, which restored for one year the Medically Needy and MEDS Aged and Disabled program. Provider reimbursement rates to hospitals and nursing homes were also slashed this session, and those rates will be frozen because of language inserted in the Medicaid Conforming bill. There were a few bright spots in the' 08-09 Budget. The state's Florida Forever land-preservation program was extended through 2020 and allowed to bond $300 million next year. The Everglades restoration project, including the Northern Everglades water bodies, was allocated $50 million this year for continued restoration efforts, and water projects were funded at $52 million. The Governor's uninsured health coverage plan was ultimately passed with House compromise language which will address the nearly 4 million uninsured Floridians with reduced premiums for catastrophic coverage. The plan will allow the state's nearly 4 million uninsured residents to purchase basic coverage for $150 a month. The Legislature also approved a plan to allow insurance companies, hospitals and other health care providers to offer employees of small businesses more affordable coverage. J. K E I T H A R N 0 L D & Ass 0 C I ATE S GOVERNMENTAL CONSULTANTS 2008 Session Summary Page 2 The Legislature passed a bill which requires property appraisers to consider 'legally permissible' uses, taking into account any zoning changes or permits that might be needed, before appraising a marina or a waterfront restaurant as though it were a condo development. This addresses the current appraisal method of 'highest and best use.' The major property tax legislation was not addressed by the legislature but rather by the Florida Taxation and Budget Reform Commission which meets every 20 years as required by the state constitution. The commission passed another proposed state constitutional amendment that would eliminate the required local effort property tax for schools and force the Legislature to replace it with a mix of money that could include an up-to I cent sales tax increase, repeal of sales tax exemptions, or budget reductions. The fiscal analysis of the plan shows that the sales tax swap would leave a $4 billion annual hole in the K-12 education budget. The amendment will placed on the ballot in November of2008. The legislature failed to pass a $450 million plan sought by Central Florida lawmakers to build a commuter rail line with CSX from Orlando to Tampa because of issues dealing with sovereign immunity and contract workers. As a result, rumors have been buzzing about a special session to address the plan. The energy bill passed by the legislature and championed by the Governor call for creating a so-called cap-and-trade market in Florida. This is a system for buying and selling credits for conservation by creating a financial incentive for complying. The bill also requires among other items, 10% Ethanol content in gasoline by 2015, and tougher green requirements to be met in Florida building codes. Cap-and-trade systems allow governments to cap the total amount of greenhouse gas emissions allowed among a group of polluters. That amount is then divided into credits, or pollution allowances, and distributed to companies. As the companies reduce emissions, they can sell their unused allowances to others that have been less successful or less willing to comply with the caps. The major growth management bills which were under consideration this session also failed to pass, although, some provisions did make there way onto the transportation package. The bill authorizes indexing of tolls based on the consumer price index. The bills also include language requiring local governments to amend their comprehensive plans to address airport land use compatibility by June 2011. Current law relating to transportation concurrency backlog authorities (authorities) is amended to authorize the issuance of bonds as well as increase the amount of ad valorem tax increment the authorities are authorized to collect. The controversial FCA T received its first overhaul in 10 years. While standards for reading, math and other subjects will become tougher, the test will no longer be the only measure ofthe school grades issued each year. Graduation rates and college-entrance test scores will now be factors too in determining school performance. On property insurance issues, policyholders with the state-run Citizens Property Insurance Corporation will receive another one-year rate freeze, while new rules, will give the state more influence over other insurance companies on rate increases. The 2008 Session was dominated by declining revenues and a budget which is $4 billion less than the current year's. Major legislation was far and few between with extended periods of dead-time on the chamber floors, when usually there is an abundance of last minute amendments and deal-making. Next year likely holds the same as revenues continue to slump. With a record number oflawmakers termed out and turning over in the legislature, the task of steering Florida back on the right track becomes even more of a difficult challenge for the 2009 Session. 2008 Session Summary Page 3 Major FY 2008-09 Budget Items HB 5001- Conference Report - General Appropriations Act FY 2008-2009 * All items listed in this section have been approved by the legislature but are subject to line item veto by the Governor. . House Bill 5001 General Appropriations Act for Fiscal Year 2008-2009 provides for a total budget of $66.2 billion including: . General Revenue: $25.6 billion . Trust Funds: $40.6 billion . The budget is summarized by committee as follows: Education D PreK -12 Education Appropriations - $12.1 billion . $9.1 billion General Revenue . $3.0 billion Trust Funds Higher Education - $6.0 billion . $3.8 billion General Revenue . $2.2 billion Trust Funds Health Appropriations - $23.4 billion . $7.1 billion General Revenue . $16.2 billion Trust Funds Criminal and Civil Justice Appropriations - $5.0 billion . $4.3 billion General Revenue . $.7 billion Trust Funds General Government Appropriations - $4.5 billion o $.5 billion General Revenue o $4.0 billion Trust Funds Transportation and Economic Development Appropriations -$11.7 billion [] $ .5 billion General Revenue D $11.2 billion Trust Funds Education Highlights: . Florida Education Finance Program (FEFP) - Minimizes the student impact within public schools. It also makes a series of adjustments designed to maintain funding in the base student allocation. o FEFP is $18.4 billion, or $6,997 per student. Reduction of($332.3) million, or -1.77%. o Per student reduction is ($130.85), or -1.84%. 2008 Session Summary Page 4 . Lower RLE and DLE - Provides millage rate reductions for Required and Discretionary Local Efforts. .0.25 mills - Moved 0.25 mills from fixed capital outlay authority to the FEFP, so this adds $365 million in district funding flexibility. . Class Size - Stays at school level one more year and class size reduction allocation still increased by $168.4 million. . Merit Award Plan (MAP) - Teacher bonus paid to eligible teachers at $32.1 million. . Excellent Teaching - Made changes to save the main certification bonus and funded at $55.3 million. So, teachers will still get bonuses of $4,500. Higher Education Conference Report - Fiscal Year 2008-09 The total Higher Education budget in the Conference Report is $6.6 billion for 2008-09. This is made up of $5.0 billion in state funds plus $1.6 billion in student tuition and fees. Community Colleges Community Colleges receive a reduction of -0.8% ($13.3 million) compared to Fiscal Year 2007-08 funding. This comparison includes the 6% tuition increase authorized in the budget. State Universities State Universities receive a reduction of -0.6% ($19.1 million) compared to 2007-08 funding. This comparison includes the 6% tuition increase authorized in the budget. Workforce Education Public School Workforce programs receive a reduction of -5% ($28.9 million) compared to Fiscal Year 2007-08 funding. This comparison includes the 6% tuition increase authorized in the budget. Private Colleges and Universities Florida Resident Access Grants (FRAG) and Access to Better Learning and Education (ABLE) grants have award reductions of - 5.4%. (This results in maximum award amounts of$2,837 for FRAG and $1,182 for ABLE grants.) Health Appropriations Conference Report - Fiscal Year 2008-09 General Revenue $ 7.1 billion Trust Fund $16.2 billion Total Budget $23.4 billion Agency for Healthcare Administration D Medicaid Price Level and Workload - $338.5 million General Revenue - Provides increased funds for Medicaid workload because of changes in caseloads and utilization of services. The Medicaid case load for FY 2008-09 is projected to be 2.2 million people. 2008 Session Summary Page 5 D KidCare Enrollment Increase - $28.7 million - Provides additional funding for increased emollment in the Florida KidCare program. This is projected to fund an additional 38,400 children during the fiscal year. [J Medicaid Aged and Disabled - Eliminates recurring funds of $355.6 million for the optional MEDS AD program and provides $355.6 million in non-recurring funds to continue the program through June 30, 2009. D Medically Needy -Provides $349.5 million in non-recurring funds to continue the program through June 30, 2009. Approximately 16,000 adults and 3,900 pregnant women and childrenare covered under this program. D The budget reduces Nursing Home Reimbursement Rates Hospices Rates, Hospital Inpatient Reimbursement Rates, Hospital Outpatient Reimbursement, and Medicaid HMO Reimbursement Rates. AGENCY FOR PERSONS WITH DISABILITIES D Serving Persons with Disabilities - $9.6 million - Provides $4.3 million of non-recurring general revenue funds and $5.3 million of non-recurring operations and maintenance trust funds to provide additional services through the Home and Community Based Services Waiver. DEPARTMENT OF CHILDREN AND FAMILIES [J Capital Improvements to Domestic Violence Centers - $3.0 million - Provides nonrecurring tobacco settlement trust funds from the Lawton Chiles Endowment Fund for capital improvement grants to domestic violence centers. D Maintenance and Repairs of State Institutions - $8.2 million - D Sheriffs' Protective Investigation Contracts - ($2.4 million)- Reduces grants to sheriffs who conduct protective investigations by 5%. D Substance Abuse Services Reduction - ($3.1 million) - Reduces substance abuse services to adults by $3.1 million. DEPARTMENT OF ELDER AFFAIRS D Senior Centers - $10.0 million U Community Care for the Elderly Program - ($1.6 million)- Reduces by 5% the Community Care for the Elderly Program to help homebound elders to remain in their home and in the community. 2008 Session Summary Page 6 DEPARTMENT OF HEALTH [J Women, Infant and Children Program - $35.6 million - Provides additional federal funding for an increase in services provided through the WIC Nutritional Services program. D Child Nutrition Program - $12.4 million - Provides additional federal funding for an increase in services provided through the Child Nutrition program. D Rural Hospitals - $3.0 million - Provides non-recurring funds for the rural hospital capital improvement grant program. [ Tobacco Use - $6.6 million - Provides funds (including $5 million non-recurring for infrastructure) to be used to implement the Comprehensive Statewide Tobacco Education and Prevention Program. D A.G. Holly Hospital- ($.6 million) - Reduces the general revenue funding for A.G. Holly Hospital. o Area Health Education Centers - ($1.2 million) - Reduces the general revenue funding for Area Health Education Centers. o County Health Departments - ($10.7 million) - Reduces general revenue funds to the county health departments for services. DEPARTMENT OF VETERANS' AFFAIRS o Transition CNA services to State Operations - Provides 210 positions and transfers $7.1 million from contracted services to replace outsourced Certified Nursing Assistant services with state employees in three Veterans' Nursing Homes Criminal and Civil Justice Appropriations Conference Report - Fiscal Year 2008-09 Budget Reductions . Reduced operational funding in the Department of Corrections general revenue appropriations by $44.4 million or -2.0 %. . Reduced general revenue funding for the Department of Legal Affairs by $5.62 million. . Reduced operational funding in the Parole Commission by $1.38 million. . Reduced state court system operational funding in general revenue by $17.8 million or -4.2%. When additional trust funds were added to the state court system, a reduction of $6.9 million or - 1.6% in all funds was made. . State Attorneys general revenue was reduced by $14.4 million or - 4.3%, but when additional trust funds were added, the state attorneys saw a reduction of $2.2 million or -0.6%. 2008 Session Summary Page 1 . Public Defenders general revenue was reduced by $7.2 million or - 4.2% and with additional trust funds, they saw a reduction of $1.2 million or -0.6%. . Reduced secure and low-risk bed capacity in the Department of Juvenile Justice in general revenue by $18.1 million. . Reduced CINS/FINS services in the Department of Juvenile Justice in general revenue by $1.9 million. . Reduced day treatment services in the Department of Juvenile Justice in general revenue by $2.2 million. General Government Appropriations Conference Budget - Fiscal Year 2008-09 Environment and Natural Resources [J Florida Forever - $300 million in bonds for land acquisition and conservation of our unique natural resources. D Everglades Restoration - $50 million for the Comprehensive Everglades Restoration Plan (CERP); the Lake Okeechobee Estuary Recovery Plan; and the Caloosahatchee River and St. Lucie River watersheds. The state funding is matched dollar-for-dollar by the South Florida Water Management District. D Red Tide Algae Funding- $3.1 million ($900,000 Reduction from FY 2007-08) [' Drinking & Wastewater Revolving Loan Programs - $67.7 million for the drinking water revolving loan program and $117.8 for the wastewater revolving loan program. D Water Resource Protection & Restoration- This includes $66.5 million for statewide water restoration and wastewater projects, $18 million for Total Maximum Daily Load requirements; $10 million for the Disadvantaged Small Community Wastewater Grant Program, $15 million for the Southern Use Caution Area of the state, $7.7 million for Alternative Water Supply, and $9.2 million for lake restoration projects. [] Florida Recreational Development Assistance Program (FRDAP) - $24.5 million for grants to local governments to construct baseball fields, bike paths, and playgrounds for public outdoor recreation. [C Solid Waste Grants - $9.4 million in grants to small local governments for managing solid waste and recycling operations, and $2 million for the Innovative Waste Reduction grants program. D Land Reclamation - $7.2 million for the Non-mandatory Land Reclamation program that restores eligible phosphate lands mined before July 1975. 2008 Session Summary Page 8 D Beach Restoration - $21.9 million to restore and protect Florida's beaches on both the Gulf and Atlantic coasts. C) Derelict Vessel Removal - $1.6 million for the removal of damaged vessels obstructing the waterways. C Wildfire Suppression Equipment - $6 million to protect our state forests and increase the safety of firefighters and the public. C Agriculture Research - $350,000 for research projects to develop measures to eradicate diseases in honey bees, and $2 million for research projects associated with citrus disease. Consumer Protection & Regulation D Hotels & Restaurant Inspections - $435,028 and six additional inspectors and support staff for improving the safety of hotels and restaurants. D Regulatory Compliance and Enforcement Investigations - $348,720 and five positions to provide for more efficient and timely investigations of activities of professions regulated DPBR. IJ Financial and Cash Management System - $300,000 and 3 positions to develop a strategic plan for a successor financial and cash management system for the state. D E911 Emergency Equipment Grants - $25 million for counties to apply for grants to replace, update and enhance their emergency communication systems. D Statewide Law Enforcement Radio System - $6.8 million for improving and enhancing the Statewide Law Enforcement Radio System. Other Major Issues U State Building Repairs and Construction - $3.3 million for state building deficiencies; $715,275 to correct fire, safety, health, and environmental deficiencies; and $14 million for building construction and road paving. Reductions: U Maximize Recurring Trust Fund Balances - Fund shifted $18.4 million from recurring general revenue and replaced with recurring trust fund revenues. I: Administrative and Efficiency Reductions - Reduced 156 positions, $8 million general revenue and $13.3m trust funds. D Program Reductions - Reduced 35 positions, $2 million general revenue and $11.7 million. Transportation and Economic Development Appropriations Budget - Fiscal Year 2008-09 Total budget of$11.7 billion, $457.5 million in general revenue, and $11.3 billion in trust funds. 2008 Session Summary Page 9 Department of State D $ 600,000 for Historic Preservation Grants. D $ 500,000 for Historic Museum Grants. D $ 6 million for Arts and Cultural Program Operating Grants, which include 8 different types of grant programs. D $1.5 million for Library Cooperative Grant Program. D Continued $26.7 million in recurring funding for State Aid to Libraries. This represents a $4 million reduction D Funded an additional $4.5 million for Election Activities, from both state and federal sources (includes state matching funds which will draw an additional $6.5 million in federal funding). Department of Community Affairs o Emergency Management Performance Grants - $9.2 million U Federal Interoperability Communications Grant - $27 million o $4 million for the Pre-disaster Mitigation Program o Residential Construction Mitigation Program - $3.5 million D Disaster Preparedness Initiatives (Shelters, EOCs, LiDAR, &Special Needs Shelter generators) - $62.5 million D Repetitive Flood Loss Programs - $11 million D $620 million in hurricane-related recovery funds D $303 million for Housing Programs, including: . State affordable housing program - $20.5 million . Local affordable housing program (SHIP) - $166.4 million . State Apartment Incentive Loan Program (SAIL) - additional$72.5 million . Homeownership Assistance Program - $20.5 million . Housing Preservation Rehabilitation Pilot Program - $10 million . Extremely Low Income program - $5 million . Community Contribution Tax Credit Program - $2.5 million, and . Homelessness Program - $5.9 million LJ Florida Communities Trust (Florida Forever Program) - $66 million 2008 Session Summary Page 10 D Small Cities Community Developmental Block Grants - $35 million D Weatherization Grants for Low Income Persons - $6.3 million D Regional Planning Councils - $2.4 million II Front Porch Florida - $1. 7 million Department of Transportation [] Economic Development Transportation Projects - $36.8 million. n Road Ranger Program - $] I million D Transportation Infrastructure Pilot Program - $10 million. iJ Small County Resurfacing Assistance Program (SCRAP) - $25 million. [J Small County Outreach Program - $43.1 million. [ County Incentive Grant Program - $43.5 million. o Department of Transportation Work Program Total- $7.1 billion. Department of Highway Safety and Motor Vehicles D $3.3 million is provided for Implementation of REAL ID n Continues Domestic Security Grant funding at $2.9 million D Florida Highway Patrol - . Provides funding for Trooper Overtime Pay at $6.8 million . Price Level Increases for Operation of Motor Vehicles at $1. 7 million Office of Tourism, Trade and Economic Development [] Economic Incentives Programs - $25.5 million for the QTI (Qualified Targeted Industries Tax Incentives), QDC (Qualified Defense Contractors Tax Incentives), Brownfields, and other economic development programs. D $11.9 million for Enterprise Florida. LJ $35.5 million for Visit Florida. [] $5 million for Film Incentives 2008 Session Summary Page 11 o $2.75 million for the Black Business Investment Board and the Black Business Loan Program U $].0 million provided for Military Base Protection and Defense Related Grants. :J $36.8 million funded for Economic Development Transportation Projects, including $] 4.5 million for Space and Aerospace infrastructure. L $2.1 million funded for other economic development initiatives. n $5.0 million provided for Space Florida. D 15.3 million for Space, Defense and Rural Infrastructure D $26.5 million for the Quick Action Closing Fund. 2008 Session Summary Page 12 County by County Funding Allocations Project Program Amount CR 901 at Vanderbilt Dr. Cocohatchee River Bridge 1-75 Alligator Alley From Turnback Slough To Faka Union Immokalee Sports Complex US 41 (5R 90) From East of SR 951 To Auto Village Way Bridge Canal Resurfacing FRDAP 6,027,139 5,532,417 135,199 4,948,777 200,000 Resurfacing W. Everglades Restoration: Evaluation of Restoration Effects Local Park 2008 Session Summary Page 13 Collier County Priority Issues - 2008 Session We were put in mainly a defensive posture this session as numerous bills were filed and moved through the process which had an adverse effect on local governments by infringing on home rule authority or unfunded mandates. Through intense lobbying and great teamwork we in cooperation with the County, Florida Association of Counties, and the Florida League of Cities were able to defeat many of the most onerous bills. In addition, 2008 was the worst budget year in recent history, with state revenues falling far short of predictions, the FY 2008-09 Budget was $4 billion less than the previous budget at $66 billion. The legislature ruled out closing sales or service tax exemptions and tax increases early on, so major programmatic cuts were the only option available for legislators as they crafted the slashed 2008-09 Budget. Many fees and fines were increased, however, in an effort to offset a portion of the revenue shortfalls. The Florida Taxation and Budget Reform Commission also convened this spring to discuss possible constitutional amendments for the fall ballot. The commission is required to meet once every 20 years and has the power to place constitutional amendments for voter approval directly on the general election ballot. Legislative outcomes for the 2008 Collier County Legislative Priorities are included below in this section of the book. . Continue Efforts to Decrease Insurance Costs Below are the major provisions of bills passed by the 2008 Legislature dealing with the ongoing issue of increasing property insurance costs and availability. SB 2860/1196 Homeowners Bill of Rights Act by General Government Appropriations Committee; Banking and Insurance Committee Rating Law for Property and Casualty Insurance (s. 627.062, F.S.) Repeal of Arbitration - Repeals the option for an insurer, for any property and casualty insurance rate filing (or any other filing), to appeal a rate filing disapproved by the Office of Insurance Regulation (OIR) to an arbitration panel in lieu of an administrative hearing. Current law prohibits use of arbitration until January], 2009. Extension of Prohibition on "Use and File"- Extends for one additional year, until December 31,2009, the current prohibition on insurers using the "use and file" option for property insurance rate increases. This would continue to require that an insurer make a "file and use" filing that prohibits an insurer from increasing its rates prior to approval by the OIR, unless deemed approved by failure of the OlR to issue a notice of intent to disapprove within 90 days. Current law prohibits "use and file" rate increases until December 31, 2008. 2008 Session Summary Page 14 Use of Approved Hurricane Loss Models - Requires that projected hurricane losses must be estimated using a model or method found to be accurate or reliable by the Florida Commission on Hurricane Loss Projection Methodology. Profit Factor - Deletes the requirement that the OIR approve a profit factor in a rate filing for an insurer that is commensurate with the risk, for that portion of the rate covering hurricane losses for which the insurer has not purchased reinsurance. By striking this language, the law requires the OIR to consider "a reasonable margin for profit and contingencies." Expedited Hearings on Rate Filings - Provides for an expedited hearing process for rate filings by: . Requiring Division of Administrative Hearings to hold the hearing within 30 days after the request for the hearing. . Requiring the hearing officer to issue the recommended order within 30 days after the hearing (or after receipt of the transcripts). . Requiring parties to submit written exceptions within 10 days. . Requiring the OIR to enter a final order within 30 days after the entry ofthe recommended order. . Allowing timeframes to be waived upon agreement of all parties. . Allowing an insurer to request an expedited appellate review of a final OIR rate order and providing legislative intent that the I st DCA grant the insurer's request. Transparency in Rate Regulation (creating s. 627.0621, F.S.) For residential property insurance rate filings the OIR must provide information on an Internet website of all assumptions made by any OIR actuary; the overall rate change requested by the insurer; a statement describing any assumptions that deviate for actuarial standards of the Casualty Actuarial Society; and a certification by the office's actuary that based on the actuary's knowledge, that his or her recommendations are consistent with accepted actuarial principles. In any administrative or judicial proceeding, the work-product and attorney-client privilege exemptions from public disclosure do not apply to communications with office attorneys or records prepared by or at the direction of an OIR attorney except when the communication or record reflects a mental impression, conclusion, litigation strategy, or legal theory ofthe attorney or the OIR that was prepared exclusively for civil or criminal litigation or adversarial administrative proceedings and the communication occurred or the record was prepared after the initiation of a court action, after issuance of a notice of intent to deny a rate, or after the filing by an insurer of a request for a hearing. 2008 Session Summary Page 15 Requirementsfor Trade Secret Documents (s. 624.4213, F.S.) The bill specifies requirements for submission of a document to the OIR or the Department of Financial Services (DFS) in order for a person to claim that the document is a trade secret. Each page or portion that is a trade secret must be labeled as such and be separated from non-trade secret material. The submitting party must include an affidavit certifying certain information as to the trade secret status of the documents. The OIR is authorized to release a document marked as trade secret to a requestor if the OIR provides the insurer with 30-days notice and opportunity to obtain a court order barring disclosure. The bill allows the OIR or DFS to disclose a trade secret to employees or officers of another governmental agency whose use of the trade secret is within the scope of their employment. Market Conduct Examinations-Required Filing of Claims Handling Practices (s. 624.3161, F.S.) The bill authorizes the OIR to order an insurer to file its claims handling practices and procedures as a public record based on findings of a market conduct examination. The OIR findings must be that the insurer had a pattern or practice of willful violations of an unfair insurance trade practice related to claims-handling causing harm to policyholders, as prohibited by s. 626.9541 (I lei), F.S. The requirement applies to the claims-handling procedures for the line of insurance that was the subject of the market conduct exam. The filings must be held by the office for a 36-month period. Administrative Finesfor Violations of the Insurance Code (s. 624.4211, F.S.) The bill doubles all current fines that may be imposed by the OIR upon an insurer for violation of the Insurance Code or any rule or order. A maximum fine of $40,000 (rather than $20,000) may be levied for a willful violation, not to exceed an amount equal to $200,000 (rather than $100,000), for all willful violations arising out of the same action. A maximum fine of $5,000 (rather than $2,500) for a non-willful violation, not to exceed an amount of $20,000 (rather than $ 1 0,000) for all non-willful violations arising out of the same action. Administrative Finesfor Unfair Insurance Trade Practices (s. 626.9521, F.S.) The bill doubles all current fines that may be imposed by the OIR or the Department of Financial Services (within each agency's respective jurisdiction) upon a person who violates any unfair or deceptive act or practice related to insurance. A maximum fine of $40,000 (rather than $20,000) may be levied for a willful violation, not to exceed an amount equal to $200,000 (rather than $100,000), for all willful violations arising out of the same action. A maximum fine of$5,000 (rather than $2,500) for a non-willful violation, not to exceed an amount of $20,000 (rather than $10,000) for all non-willful violations arising out of the same action. 2008 Session Summary Page 16 Notice of Non-Renewal The bill increases the required notice of non-renewal ofa personal or commercial residential insurance policy from 100 days to 180 days if the policy has been written for 5 years or more. Insurers that are planning to non-renew more than 10,000 policies within a 12-month period must notify the OIR 90 days before issuing any notices of non-renewal. Required Use of Models Approved by Florida Commission on Hurricane Loss Projection Methodology (s. 627.0628, F.S.) The bill requires that for purposes of a rate filing insurers must use, and may not modify or adjust, a model or method found to be accurate or reliable by the Commission on Hurricane Loss Projection Methodology. The bill deletes the current law that in order for an approved model to be admissible and relevant, the OIR must have access to all of the assumptions and factors used in developing the model. The commission is required to adopt findings related to a model's probable maximum loss calculations. An insurer must use and may not modify or adjust models found by the commission to be accurate or reliable in determining probable maximum loss levels for rate filings made more than 60 days after the commission has made such findings. The bill specifies that the processes, standards, and guidelines of the commission do not constitute final agency action or statements of general applicability that implement, interpret, or prescribe law and are exempt from chapter 120, F.S. Hurricane Mitigation Premium Credits Tied to Uniform Home Rating Scale (s. 627.0629, F.S.) The OIR is required to develop, by February I, 20l I, a proposed method for insurers to establish windstorm mitigation premium credits (discounts) that correlate to the numerical rating of a structure pursuant to the uniform home rating scale. The Financial Services Commission must then adopt rules by October 1,2011, requiring insurers to make rate filings which revise their credits pursuant to this method, consistent with generally accepted actuarial principles and wind loss mitigation studies. The rules must allow a period of at least two years after the effective date of the revised credits for a property owner to obtain an inspection or otherwise qualify for the revised credit, during which time the insurer must continue to apply the old mitigation credit. Disclosure of Windstorm Mitigation Rating Upon Sale of Home (s. 689.262, F.S.) The bill provides that, effective January I, 20 1 0, the potential purchaser of a residential property with an insured value of $500,000 or more, insured by Citizens, and located in the wind-borne debris region be informed of the structure's windstorm mitigation rating. Effective January 1,2011, a purchaser of residential property located in the wind-borne debris region must be informed of the windstorm mitigation rating of the structure, either in the contract for sale or as a separate document attached to the contract. The Financial Services Commission is authorized to adopt rules, including the form of the disclosure and the requirements for the inspection or report that is required. 2008 ~ession Summary Page 11 Citizens Property Insurance Corporation (s. 627.351, F.S.) Extension of Rate Freeze - Extends the freeze on rate increases in Citizens from January I, 2009 to January 1,2010. Requires Citizens to make an annual, actuarially sound rate filing beginning July 15,2009, to be effective no earlier than January 1,2010. The bill grants the board of Citizens the discretion to apply the amount of any assessment or surcharge which exceeds the amount of the deficit to various business purposes. Eligibility for Higher Value Homes - Provides that homes with a dwelling replacement cost of $2 million or more, rather than current law's $1 million or more, are ineligible for coverage, effective January 1,2009, with limited exceptions for current policyholders who obtain rejections from three surplus lines insurers and one authorized insurer. Eligibility for Properties Within 2,500 Feet of the Coast - Deletes the current law requiring that new properties constructed after January 1,2009, within 2,500 feet of the coast must meet "Code Plus" requirements in order to be eligible for Citizens. By repealing this provision, the law would still require that any new home meet the Florida Building Code. Forced Purchase of Bonds - Deletes current law requiring insurers to purchase bonds that remain unsold for 60 days. Multi-Policy Discount Allows an insurer to offer a multi-policy discount if the policyholder has wind-only coverage with Citizens or an insurer that has removed a policy from Citizens, provided that the same insurance agent services both policies. Florida Hurricane Catastrophe Fund; $10 Million Coverage Option The bill requires the FHCF to offer $10 million of additional coverage to limited apportionment companies (having $25 million in surplus or less and writing at least 25 percent of premiums in Florida), insurers approved to participate in the Insurance Capital Build-Up Incentive Program, and insurers that purchased the supplemental coverage in 2007. Similar coverage was offered in 2006 and 2007. This coverage would reimburse the insurer for up to $10 million in losses, for each of two hurricanes. The coverage will again be priced at a 50 percent rate on line (e.g., $5 million premium for $10 million in coverage) with a free reinstatement for a second storm. The insurer's retention for such coverage remains at 30 percent of the company's surplus. The coverage expires on May 31,2009. Annual Report by CFO Requires the CFO to annually report to the Governor and Legislative presiding officers regarding the economic impact on Florida from a I-in-l 00 year hurricane and the premium increase needed to fund such a hurricane. Passed Legislature and approved by Governor. 2008 Session Summary Page 18 HB 7103 My Safe Florida Home Program by Jobs and Entrepreneurship Council and Rep. Reagan The bill makes several changes to the My Safe Florida Home Program (MSFHP) administered by the Department of Financial Services (DFS). The intent of the MSFHP is to provide free home inspections for at least 400,000 site-built, single-family residential properties and provide grants to at least 35,000 applicants prior to June 30, 2009. The bill provides that to qualify for selection by the DFS as a wind certification entity to provide hurricane mitigation inspections, an entity must use hurricane mitigation inspectors who are certified or licensed as building inspectors, general or residential contractors, professional engineers or architects, or individuals who have at least two years prior experience in residential construction or residential building inspection and who have received specialized training in hurricane mitigation procedures. The legislation requires DFS to adopt a quality assurance program that includes a statistically valid number of re-inspections. It also allows DFS to verify that mitigation improvements have been made to all openings, including exterior doors and garage doors, prior to issuing a reimbursement grant check to the homeowner. The bill eliminates a provision in current law which requires DFS to transfer $40 million to the Volunteer Florida Foundation to provide inspections and grants to low-income homeowners. This provision is removed due to concerns about the tax status of the Foundation. The DFS may provide the remaining $18.7 million that has not yet been transferred to the Foundation, directly to non-profit organizations to serve low- income homeowners. The bill mandates that DFS implement a no-interest loan program by October I, 2008, which is to be contingent upon the selection of a qualified vendor and the execution of a contract acceptable to DFS and the vendor. The DFS is directed to set aside $10 million from the MSFHP funds for the loan program. The bill allows DFS to contract with third parties for the provision of information technology and contractor services for low-income homeowners, which shall be considered direct program costs, rather than administrative costs for purposes of administrative cost limitations. The bill clarifies that policyholders may submit a uniform mitigation verification inspection form to their insurers for the purpose of determining premium discounts for wind insurance. Further, insurers must accept as valid the uniform mitigation verification forms certified by the DFS or signed by a hurricane mitigation inspector employed by an approved My Safe Florida Home wind certification entity, a building code inspector, a general or residential contractor or a professional engineer or architect so that homeowners can access insurance discounts or credits for which they are eligible. Passed Legislature and if approved by the Governor, these provisions take effect July 1, 2008. 2008 Session Summary Page 19 . Affordable Housing - Remove Cap on Sadowski Housing Trust Funds Several bills were filed for 2008 removing the trust fund cap on affordable housing, allowing the remaining Doc Stamp revenues to be utilized for affordable housing. These bills failed to pass as the legislature sought trust fund monies for the purpose of plugging general revenue shortfalls in this gloomy budget year. FY 2008-09 funding for affordable housing programs: $303 million for Housing Programs, including: . State affordable housing program - $20.5 million . Local affordable housing program (SHIP) - $166.4 million . State Apartment Incentive Loan Program (SAIL) - additional$72.5 million . Homeownership Assistance Program - $20.5 million . Housing Preservation Rehabilitation Pilot Program - $10 million . Extremely Low Income program - $5 million . Community Contribution Tax Credit Program - 2.5 million, and . Homelessness Program - $5.9 million . Protect Impact Fees Several bills/amendments and budget proviso were filed this year affecting local government's ability to access and collect impact fees. Of these provisions, the budget proviso was the only measure to pass. Each item introduced this Session is described below. HB 699 Affordable Housing-FAILED by Representative Aubuchon included a provision which allocated $75 million from the Local Government Housing Trust Fund to the Florida Housing Finance Corporation to be used in the Homeownership Assistance Program under s.420.5088, F.S. Funds shall be used in counties and municipalities in the state which have reduced impact fees not less than 25 percent for a period not less than 18 months and not more than 12 months prior to the effective date of this act, or which impose no impact fees or wai ve impact fees entirely for homeownership purchases funded from this appropriation. The bill was offered as an economic stimulus provision to spark housing starts but ultimately died on the calendar. However, budget proviso which was included in the FY 2008-09 State Budget provides for $20 million in housing assistance to local governments which have reduced impact fees within the 12 months prior to July 1,2008, or reduce impact fees subsequent to this date, by a minimum of 25% for a period not less than 18 months, or which impose no impact fees entirely for homeownership purposes. This provision is non-recurring for one year only. SB 2050 and SB 662/HB 1093-FAILED by Senator Bennett and Rep. Sands were withdrawn prior to introduction by the sponsors. The bills required that notice be provided no less than 90 2008 Session Summary Page 20 days before the effective date of a county or municipal ordinance or a special district resolution imposing a new or increased impact fee. SB 1966 Commercial Development & Capital Improvements-FAILED by Senator Bennett The bill allowed an applicant seeking to create a commercial development to elect to pay a per trip mobility fee in lieu of paying impact fees, proportionate share, or proportionate fair-share. The bill provided for the calculation of such mobility fee, not to exceed $250 per trip. An applicant's development would have been deemed to have met all transportation concurrency requirements once the mobility fee was paid. The bill died in Committee on Community Affairs. HB 715 Local Government Revenue-FAILED by Representative Flores limited new special assessments and impact fees by local governments unless overridden by a 3/5 supermajority vote of the governing body. The bill required the governing board ofa county, municipality, school board, or special district may not take the following actions unless the action is first approved by at least a three-fifths vote or a majority plus one, whichever is greater, of the governing board's membership: . Levy a new tax, special assessment, non-ad valorem assessment or impact fee; . Increase the rate of an existing tax, special assessment, non-ad valorem assessment, or impact fee; . Expand a tax base or a geographic area subject to a tax, special assessment, non- ad valorem assessment, or impact fee; or . Eliminate an exemption from a tax, special assessment, non-ad valorem assessment, or impact fee. The bill moved through House committees, but the Senate companion SB 2412 by Senator Haridopolos was never scheduled for a hearing. . Real Estate Transfer Fee The provision was not filed as a bill for 2008. In the 2008 budget climate and interest by the legislature to limit local government revenues, the political reality in Tallahassee for a proposed fee was slim. The measure was introduced the previous year as a bill, but was tied to the elimination of impact fees for any local government implementing the transfer fee. . Partial-Year Assessments During the legislative discussions on property tax reform during the 2008 Session there was a concerted effort to cap and cut local government ad valorem tax revenues. In this environment, the political will to successfully pass partial year assessments, which would increase local ad valorem revenues, was non-existent. 2008 Session Summary Page 21 . Protect Home Rule To say the least, there were numerous efforts to erode local government Home Rule during 2008. Unfunded mandates, restrictions or moratoriums on local ordinances, and erosion of board of county commissioners powers put local government advocates in a defensive posture this Session. Issues such as: the Clerk's Bill, Aggregate Mining preemption, Fertilizer Local Ordinance preemption, Public Construction Contracting Preemption, Impact Fee reductions, Growth Management revisions, Agricultural Enclave zoning preemptions, etc., helped to facilitate extraordinary cooperation and communication between local government advocates. County contract lobbyists, Florida Association of counties, and the Florida League of City lobbyists worked closely together on an hourly basis to formulate strategies to defeat, amend, or compromise on the countless bad bills for local governments. Clerk's Bill HB 399/SB 640 Financial Management of Local Governments (Clerk's Bill) - FAILED By Representative Grant/Senator Oelrich The Clerk's bill was undoubtedly one of the most time consuming, contentious battle Collier County, our firm, and Florida Association of Counties (F AC) faced this Session. The bill or provisions of the bill were in play up until the last hour of Session, as the bill sponsors and the Clerk's lobbyist frantically tried to pass the language onto other vehicles (HB 392, SB 2648, and HB 7123) after the team effort to kill the original bills was successful. The point of contention, among other items, focused on the expanded auditing powers the bills statutorily granted the Clerks of County Courts over the Board of County Cornmissioners, authorizing broad pre and post auditing authority over county public funds, specifically, " (the clerk) may perform such reviews and tests as necessary to determine the adequacy of internal controls and compliance with contracts, applicable laws, and mles. The Clerk's representatives argued the bill did not provide for the expanded auditing authority, but would not compromise or agree to include specific language stating such. The sponsors did allow an exemption for constitutional officers from the auditing provisions, but would not compromise further setting the stage for a struggle which lasted nearly the entire 60 days of Session. We truly appreciate the time and effort made by the County in preparing documents, meeting with legislators, and traveling to Tallahassee on several occasions to address concerns with the Clerk's legislation. Without the tireless efforts of Collier County Manager's Office, County Commissioners, and Assistant County Attorney Jacqueline Hubbard, the bills would have passed during the 2008 Session. Aggregate Mining Bills Several bills preempting local government land use or environmental permitting decisions as it relates to aggregate mines were filed during the 2008 Session. Tied with the Clerk's bill for the 2008 Session Summary Page 22 heaviest lifting of Session was the defeat of the Aggregate Mining bills. The Strategic Aggregates Review Taskforce was created by the legislature last year and met this past winter. The taskforce made over 40 recommendations to the legislature on aggregate mining issues, but only 1 was a consensus item. This set the stage for an immense struggle between opposing interests in the legislative arena. With powerful industry and lobbyist backing, only a handful of affected local governments opposed the litany of bills filed. The aggregate preemption issues were fought until the last day of Session even after the original bills had been killed in the Senate Environmental Committee by Southwest Florida Commissioners and the leadership of Committee Chair, Senator Burt Saunders. SB 2406 Aggregate Mining- FAILED by Sen. Bennett was heard and temporarily postponed (TP) by the Senate Environmental Preservation Committee under the leadership of Chairman Burt Saunders. SB 774 Aggregate Mining- FAILED by Sen. Baker contained the supermajority vote oflocal officials to deny a mining permit over DEP's approval and in the event of no local action within a specified time-frame, sent the issue to the Cabinet and Governor's Office for final approval. This provision effectively removed local control of siting and permitting aggregate mines. ENRC 13 Environmental Permitting - FAILED by the House Environmental Resources Council and Representative Mayfield contained the local government preemption as it relates to environmental considerations when siting mine permits. The bill also expanded DEP's authority to regulate wetlands, water quality, and water supply issues. Lastly, HB 1399 Transportation - FAILED by Rep. Aubuchon included the Strategic Aggregate Resource Assessment (SARA) language which was the only consensus item recommended by the Strategic Assessment Resource Taskforce. The language contained a one time $700,000 appropriation to fund the SARA. Interestingly, there was also a 50% match required by local governments to the $700k appropriation. The only Aggregate related item which passed this Session is the one year extension of the Strategic Aggregate Resource Task Force until July 1,2009 contained in SB 682, the Transportation Package. Meeting dates have yet to be released for the taskforce, but we will be in attendance again this year. Asphalt or Cement PlantslRestrictions SB 682 -PASSED This bill became the Department of Transportation's legislative package for 2008 after the CSX rail deal fell through on the waning hours of Session. Included in the bill is a provision that states a county, municipality, or special district may not own or operate an asphalt plant or a portable or stationary concrete batch plant having an independent mixer. The public construction language was dramatically watered down from the original language prohibiting local governments from utilizing their own public works departments for certain repairs and maintenance. A narrow grandfather provision is provided for Highlands County, which appears to be the only local government entity owning such a plant. 2008 Session Summary Page 23 SB 1588 Amendment 1 Implementing Bill-PASSED by Sen. Haridopolos The bill addresses issues identified by the Department of Revenue (DOR) necessary to implement Amendment I, passed by the voters on January 29,2008. The bill specifies additional data to be included on tax rolls and on assessment rolls reported to DOR. It clarifies the rules under which the Save-Our-Homes differential may be transferred to a new homestead, procedures for its application, and appeals by taxpayers. In addition, it specifies that the supermajority vote requirement necessary to exceed the maximum millage rate is based on the total membership of the governing body rather than the membership present at the meeting. Under current law, local governments are allowed, if they choose, to levy a millage rate in FY 2008-09 to recover the losses from the reduced tax base caused by Amendment I by a simple majority vote. SB 1588 now requires a 2/3 vote to recover the loss. If local governments do not exceed the limitation imposed by this 2/3 vote requirement, the statewide ad valorem tax loss for FY 2008-09 is estimated to approximate $1.1 billion. SB 2532/HB 1267 Fertilizer-FAILED by Sen. Aronberg/Representative Nelson The Fertilizer taskforce met last winter to discuss policy options for local government ordinances pertaining to consumer fertilizer application. The taskforce recommended a model ordinance to be adopted voluntarily by local governments and criteria to adopt stricter policies if warranted. The legislation filed during Session contained a mandate for all local governments to adopt the model ordinance and much stricter criteria to opt out. Local governments are focused on ensuring that they can make water quality improvements, since local governments face a multi- billion dollar mandate to improve water quality in Florida. The fertilizer bill(s) would have made it more difficult for local governments to enact stricter fertilizer ordnances to protect water quality. We worked with the bill sponsors to move the legislation closer to the original fertilizer taskforce recommendations, but time ran out and the bill died in committee. Senator Aronberg was very helpful and accessible in offering suggested amendments to the legislation. . Transportation Funding Tied to Seat Belt Use HB IIISB 94 Safety Belt Law Enforcement-FAILED by Representative Glorioso and Senator Rich were filed again this year in an effort to make Florida seatbelt enforcement a primary offence for drivers over the age of eighteen. The bills fell short again this year as they died on the floor calendar. Many of the same concerns surfaced again this year, primarily with the feasibility to enforce the proposed law. If the bill passed the legislature, and if the exemption was removed from vehicles that exceed 5,000 pounds a one time draw down of$35.5 million in federal funds would be awarded to Florida for transportation funding. SB 682 Department of Transportation- PASSED by Senator Bullard and Transportation and Economic Development Committee removes the exemption for seatbelt usage for vehicles 2008 Session Summary Page 24 weighing over 5000lbs The language changes current law moving the exemption from 5,000 to 26,000 Ibs. capturing most consumer pick-up trucks, SUV's, and light trucks. This bill, in conjunction with the Seatbelt Safety Act would have cleared the way to draw down the one-time federal funds of approximately $35 million, but the Safety Belt Act did not pass. Efforts to make Florida's Seatbelt Law a primary offense will have to wait for next Session. . Cameras at Intersections to Catch Red-Light Runners Senator Bennett and Representative Reagan filed bills again for 2008, the Red Light Camera Bills HB 351 and SB 816 (FAILED) respectively, again for 2008. There was momentum building for this issue leading up to session continuing into the first few weeks as the House moved the bill quickly through committees. However, opposition from Senator Baker, Chair of the Senate Transportation Committee gutted the bill in his committee and the issue never recovered. We drafted an amendment with the Senate bill sponsor, Senator Bennett, to restore the funding for local governments, but it was never offered in committee. Senate leadership supported the bill only if the fines distributed to local governments were effectively removed from the bill, which would have made the installation and maintenance of the cameras economically unfeasible. The bills died in committee. . Address Issues of Concern in Consultants Competitive Negotiation Act (CCNA) Early efforts before the 2008 Session to gain legislative sponsors failed to materialize this year, so we tracked appropriate vehicles to amend the CCNA language onto. There were only a handful of bills germane to the County's language with similar statute citations. We will meet again with members in the fall to discuss sponsorship of a stand-alone CCNA bill for next Session. . Monitor Growth Management Developments SB 474/ HB 7129-F AILED by Senator Garcia and by Economic Expansion Council were the major growth management bills filed this year both over 150 pages. The bills were amended with delete everything amendments countless times on the House and Senate floor, which completely changed the bills on a daily basis in the last week of Session. At different points in time, the bills contained provisions on Transportation Concurrency Exemptions, Backlog Facilities - Proportionate Share, Cumulative Impacts - Proportionate Share, Transportation Mobility Fee, Notice ofImpact Fee increases, Transportation Concurrency Incentives, Development of Regional Impact Extensions, Expansion of Alternative State Review Pilot Program, Delay of School Concurrency Provisions, Coastal High Hazard Restrictions, and Local Comp Planning ofland adjacent to Airports. 2008 Session Summary Page 25 The Growth Management bills ultimately failed, as the DCA Secretary opposed many of the bill's provisions. However, some transportation related growth management language did pass in SB 682- Department of Transportation bill. Below are the provisions which passed: Section 4. Amends s. 163.3177, F.S., to better integrate airport planning and adjacent land use in the local government comprehensive planning process. Section 5. Amends s. 163.3178, F.S., to exempt certain seaport-related projects from development-of-regional-impact (DRI) review if the project is within 3 miles of a seaport. Section 6. Amends s. 163.3 l82, F.S., to provide legislative findings relative to transportation concurrency backlogs and to authorize transportation concurrency backlog authorities to issue bonds. The 25 percent tax increment financing rate for ad valorem tax proceeds may be exceeded upon interlocal agreement of all affected taxing authorities. Section 30. Amends s. 339.12, F.S., to increase the maximum amount of project agreements for projects or project phases not included in the adopted work program from $100 million to $250 million. The revisions also create a new reimbursement program for counties with a population of 150,000 or less. The program authorizes FDOT to enter into agreements with governmental entities to advance a maximum of $200 million in projects or project phases from outside the five-year adopted work program. Projects included in these agreements must also be included in the governmental entity's comprehensive plan. This new program authorizes FDOT to enter into long-term repayment agreements with these counties for up to 30 years. Section 31. Amends s. 339.135, F.S., to revise the notification process used by FDOT when amending the work program. Under the revisions, FDOT must notify each affected municipality, metropolitan planning organization, and county when deleting or deferring capacity-enhancing projects. FDOT must include comments received from affected bodies in its preparation of work program amendments. Section 47. Directs FDOT to establish an approved methodology for calculating proportionate share exactions which recognizes that sustainable DRIs will likely achieve an internal capture rate greater than 30 percent. HB 697 Building Standards- PASSED by Economic Expansion and Infrastructure Council also included several provisions related to Growth Management and local comprehensive plans. Below is a summary of those provisions contained in HB 697. Local Comprehensive Plans - With respect to local comprehensive plans to guide development, the bill provides the following: . The future land-use element ofthe plan must be based on the discouragement of urban sprawl, energy-efficient land use patterns that account for existing and future electric power generation and transmission systems, and greenhouse gas reduction strategies. The 2008 Session Summary Page 26 land use map or map series contained in the future land-use element of the local plan must identify and depict energy conservation. . The traffic circulation element of the local plan must incorporate transportation strategies to address the reduction of greenhouse gas emissions from the transportation sector. . When developing the conservation element of the local plan, local governments must give some consideration to factors that affect energy conservation. . The housing element must include standards, plans, and principles to be followed for energy conservation in the design and construction of new housing and the use of renewable energy resources. . As a precondition to receiving any state affordable housing funding or allocation for projects or programs within the jurisdiction of a county in which the gap between the buying power of a family offour and the median county home sales price exceeds $170,000, the county must certify to the Department of Community Affairs by July I of each year that it has adopted a plan to ensure affordable workforce housing for families with incomes exceeding 140 percent of the area median income and identified adequate sites for such housing. . For units of local government within an urbanized area designated as a metropolitan planning area, the transportation element of the local plan must incorporate transportation strategies to address the reduction of greenhouse gas emission from the transportation sector. . Support Any Attempt to Enforce Immigration Laws * Encourage State to implement statewide the Collier County Sheriff task force and Tax Collector driver license program * Encourage State to file lawsuit against federal government for failing to enforce immigration laws Several pieces oflegislation were filed for the 2008 Session regarding documentation and stricter enforcement of Federal immigration laws, state resolution urging Federal enforcement of current immigration laws, and state contracting with undocumented workers and verification of legal status of aliens. These Bills included: HB 73, HB 159, HB 571, HB 577, SB 540, and SB 1086. The House W orkshopped or discussed all of the filed House Immigration bills in the State Affairs Committee for the purpose of vetting the immigration issue. Representative Rivera, Rules Chairman and Speaker Rubio's right hand man, spoke passionately against the bills representing Cuban-Americans and other immigrants. The bills were never scheduled for a vote and died in State Affairs Committee. 2008 Session Summary Page 21 . Support County Commissioners Appointing Members of the Collier County Housing Authority Board There was no legislative activity this year on the appointment of Collier County Housing Authority members by the County Commissioners this Session. Florida Taxation and Budget Reform Commission Issues In addition to the 2008 legislative Session, the Florida Taxation and Budget Reform Commission (TRBC) which meets every 20 years as required by the state constitution has the authority to place constitutional amendments on the general ballot for voter approval. Constitutional ProposaI4S-FAILED proposes an amendment to the State Constitution to limit revenue increases by the state, and other units of government. Voter approval of the respective government is required for the imposition of a new tax or fee. Increases in revenue limitations can be authorized by supermajority vote of the legislature and local governing boards. Provisions are included to adjust revenue limitations for the fiscal impact of intergovernmental transfers of funding responsibilities and exclusion of higher education tuition and fees from the revenue limitations. The controversial CP 45 or TABOR amendment, which if passed by voters, would have had enormous negative effects on local government revenues and spending, was narrowly defeated by a vote of the commission this spring. Constitutional Proposal 2-P ASSED by the TBRC, requires the legislature to fully replace the ad valorem taxes comprising the required local effort to fund education with: o Revenues gained from the repeal of sales tax exemptions; o An increase in the sales tax rate of up to one cent; D Reductions in state spending; n Revenues resulting from economic growth attributable to lower property taxes; and D Other revenues identified or created by the Legislature. The elimination of the RLE would create an approximate $8 billion hole annually in the state public education budget. The CP2 amendment does not require the legislature to increase sales tax or close sales/service tax exemptions. It only requires that the RLE funding be fully replaced with some combination of budget reductions, tax increases or exemption repeals. An additional one cent sales tax would generate approximately $3.9 billion annually, leaving funding far short of the current RLE revenue. Given the current legislative leadership's reluctance to repeal sales or service tax exemptions, further budget reductions in healthcare are probable. This $8 billion annual deficit in the Required Local Effort property taxes would have to be made whole to hold public schools harmless. If that amount is not found in tax exemption repeals and sales tax increases there could be further impacts to local government programs, revenue sharing, and unfunded mandates. The measure will go before the voters of Florida this November on the General Election Ballot. 2008 Session Summary Page 28 Major Legislation that Passed CS/SB 82/ HB 21 State Aid to Public Libraries - Passed Effective Date: July 1, 2008 This revises the state aid to libraries grant program which is comprised of three interrelated grants that are based on local expenditures: (I) operating grants; (2) multicounty grants; and (3) equalization grants. Multicounty grants are now restricted to systems serving a population of 50,000 or more and that include at least one county that is eligible for an equalization grant. It establishes a multicounty base grant of $50,000 for systems serving two counties, and increases the multicounty base grant for systems serving three or more counties from $250,000 to $350,000, which will come from the state aid appropriation if appropriations are increased from the fiscal year 2007-08 amount by three percent. Equalization grants criteria are amended to apply only to counties that received an equalization grant in fiscal year 2007-08 and have been continuously eligible since that period which is determined by using the county's operating millage or per capita income in relation to the average for all counties rather than by using the county's expenditures for library services. A three year phase out from the equalization grant is also established for counties that become ineligible and limits the amount of equalization that can go to any single county, restricting the county to no more than 10% of the total amount required to fund equalization grants to all eligible counties. The criteria is also changed to provide that equalization grants shall not exceed 15% of the amount appropriated for operating, multicounty, and equalization grants or $8,877,057 whichever is greater. The bill eliminates the reference that the Chief Financial Officer shall issue warrants to the eligible political subdivisions. CS/CS/SB 542 Florida Forever/Land Acquisition - Passed Effective date: July 1, 2008 Passed by Senator Saunders, this bill amends and reauthorizes the Florida Forever program. The Division of State Lands is required to determine the value of carbon capture and carbon sequestration with respect to state lands and to provide an inventory to the board of trustees. It also requires the priority purchase of conservation and recreational lands that have high concentrations of population, spring sheds, access to waterways, and certain agricultural lands. Appraisal thresholds are increased, and bond money must now be spent for capital improvements under certain conditions, and authorizes alternatives to fee simple purchases. Notably, the bill does not transfer Florida Communities Trust to the DEP or any other state agency, but will remain within the Department of Community Affairs. The current Florida Forever distribution formula is reduced from 35% to 30% the amount allocated to the water management districts and increasing from 35% to 40% the amount given to DEP for acquisitions from the Florida Forever priority list. A requirement is also added that a minimum of 3% of the funds allocated be used 2008 Session Summary Page 29 for capital expenditures to expedite public access to waterfront facilities including boat ramps, and associated parking and other support facilities needed to ensure access to land and water by the public. Finally, the bill allows the Florida Recreation and Development Program to annually accept up to 3 grant applications by any single local government and increases the maximum grant that may be awarded from $200,000 to $500,000. HB 547/SB 1208 - Water Pollution Control- Passed Effective date: July I, 2008 The bill amends current law governing water quality credit trading and authorizes the DEP to adopt rules to implement a water quality credit trading program. Water quality credit trading is a voluntary, market-based approach to promote the protection and restoration of Florida's rivers, lakes, streams and estuaries, and is intended to enhance other voluntary, regulatory and financial assistance programs already in place. Under this legislation, Basin Management Action Plans (BMAPs) may allow point or nonpoint sources that will achieve greater pollutant reductions than required by an adopted Total Maximum Daily Load (TMDL) or wasteload allocation to generate, register, and trade water quality credits for the excess reductions to enable other sources to achieve their allocation. The generation of water quality credits does not remove the obligation of a source or activity to meet applicable technology requirements or adopted best management practices (BMPs). The plans must allow trading between National Pollutant Discharge Elimination System (NPDES) permittees, and trading that mayor may not involve NPDES permittees, under certain conditions. All regulated parties must fulfill their DEP permit obligations as they engage in water quality trading. For permits that are issued by a federally authorized DEP program, DEP has the authority to assure consistency between any trading actions and federal regulatory requirements. CS/HB 697 - Building Standards - Passed Effective Date: July I. 2008 This bill addresses a wide range of building construction issues including Florida Building Code standards, the Florida Building Commission, and energy efficiency standards relating to planning and construction by making numerous changes to the Florida Building Code, building standards and related regulations. In addition to restructuring the process of the FBC, clarifying and repealing certain statutes, major changes include: . Allows licensed roofing contractors to perform additional functions of replacing and removing wood roof sheathing and fascia during re-roofing work. Clarifies the definition of "manufactured building" to include the terms "modular" and "factory built" buildings which are terms used to describe homes built in a factory in the Florida Building Code. . "Temporary" buildings are buildings are redefined. . Provides language to ensure the preservation of flexibility to achieve a secondary water barrier by allowing more than a single accepted method. . The bill implements certain recommendations of the Florida Energy Commission contained in its "2007 Report to the Legislature." . The bill revises requirements relating to the installation of energy devices based on renewable resources on buildings and integrates energy efficiency issues into several 2008 Session Summary Page 30 components of the local government comprehensive plan, which will be due at the next evaluation and appraisal update of each local government's comprehensive plan. . The conservation element must address factors that affect energy conservation. The housing element must contain standards and principals for energy efficiency in new houses. . Adds declarations to the list of deed restrictions, covenants, or other binding agreements which may not prohibit the installation of energy devices based on renewable resources. . Specifies that condominium units are residential dwellings for purposes of installation of solar collectors or other energy devices, and removes the three-story height restriction for installation of solar collectors or other energy devices on such residential dwellings. CS/CS/SB 866/ CS/HB 1201 Elections - Passed Effective Date: January. 2009 This bill clarifies certain sections of the Florida Election Code and conforms other sections following the changes made in 2007. Political Party Affiliation. The bill allows a voter to change his or her party affiliation after the book -closing deadline for any non-primary election. Municipal Recall. Procedures are reorganized to provide clarification for municipal recall. Precinct-Level Reporting of Election Results. Precinct-level election reporting is modified so it more closely matches the election reporting procedures used by the Department of State and the supervisors of elections. Municipal Election Dates. Allows municipalities to change election dates by ordinance to run concurrently with a statewide or countywide election. Electronic Reporting in Local Elections. Permits counties and cities to require electronic reporting of campaign reports for local officers and candidates. Non-Partisan Candidates. Provides that circuit judges will appear in alphabetical order on the ballot just as other non- partisan candidates such as county judges and school board candidates. Qualifyingfor Federal Office. The bill provides that a person cannot qualify for a federal office and another office, if the offices or any part of the terms of those offices run concurrently. CS/HB 909 - Ad Valorem Taxation - Passed Effective Date: September 1, 2008 2008 Session Summary Page 31 The bill changes the composition of Value Adjustment Boards in all counties to include two citizens: one appointed by the county and one appointed by the school board. It precludes the county attorney from representing the V AB. The Department of Revenue is required to develop a uniform policies and procedures manual to be used before all V ABs and is required to offer training for the special magistrates and keep records on annual percentage increase in total non- voted millage levied by taxing entity which will be placed on the DOR website and the existing websites of county property appraisers. Special magistrates will be required to preserve the record of all hearings and make written recommendations to the V ABs which include findings of fact, conclusions of law, and the reason for sustaining or changing the assessed value of the property appraiser for all petitions heard. When all petitions, complaints, appeals and disputes have been heard, the county clerk, who is currently required to publish a public notice of the findings and results of the board, will now include in the results the number of parcels for which petitions were filed but not considered by the board because of petitions being withdrawn or settled. In determining the highest and best use of a property (one of the eight factors considered in determining the assessed valuation), the property appraiser must take into account the legally permissible use of the property, as well as any zoning changes, concurrency requirements, or permits which would be necessary before the property could actually be used for that highest and best use. The bill precludes property appraisers from establishing a minimum acreage below which they will not grant an agricultural classification. HB 461 - Health Flex Plans - Passed Effective Date: July 1, 2008 The bill expands the population eligible to purchase health flex plans by raising the income limit from 200 to 300 percent of the federal poverty level, which is $63,600 for a family of four, and removes obsolete eligibility provisions. The bill extends the program, which expires July I, 2008, through July 1,2013. CS/HB 682 Transportation SB 682 is an omnibus bill that addresses a variety of transportation financing, planning, and administrative issues. Among its key provisions, this bill: Planning · Revises requirements for comprehensive plans to provide for airports, land adjacent to airports, and certain interlocal agreements relating to certain elements of local government comprehensive plans to better integrate airport planning and adjacent land uses through the local planning process; · Provides legislative findings relative to transportation concurrency backlogs and authorizes transportation concurrency backlog authorities to issue bonds. The 25 percent tax increment financing rate for ad valorem tax proceeds may be exceeded through an interlocal agreement of all affected taxing authorities; 2008 Session Summary Page 32 · Provides that facilities determined by the Department of Community Affairs and the applicable general purpose local government to be port-related industrial or commercial projects are not considered to be a development of regional impact provided they are located within 3 miles of a port and rely upon the utilization of port and intermodal transportation facilities or are in a port master plan area; and · Directs the Department of Transportation (DOT) to develop a methodology that recognizes some developments, due to their size, location, and mix of uses can result in at least 30 percent of the traffic generated in the development remaining in the development. The methodology, known as "internal capture," is to be based on professionally accepted modeling techniques that reflect these larger mixed use developments ofregional impact. Contract Administration · Authorizes DOT to pay stipends to firms that have submitted responsive proposals for construction and maintenance contracts and were not the successful bidder; Sets the goal for DOT to let design-build contracts for 25 percent of its capacity construction contracts; · Revises surety bond recording requirements. Under the bill, contractors would be required to maintain copies of surety bonds at their principal place of business and at the jobsite rather than in the county public records. Copies of the surety bonds would also remain available from DOT; and · Increases the maximum amount of project agreements within the Local Government Reimbursement Program that may be advanced from outside the adopted work program from $100 million to $250 million. The bill also creates a new reimbursement program for counties with a population of 150,000 or less. The program authorizes DOT to enter into agreements with governmental entities to advance a maximum of $200 million in projects or project phases from outside the five-year adopted work program. Projects included in these agreements must also bc included in the governmental entity's comprehensive plan. This new program authorizes DOT to enter into long-term repayment agreements with these counties for up to 30 years. Tolling · Authorizes DOT to request the issuance of bonds secured by revenues collected on HOT/express lanes on 1-95 in Broward and Miami-Dade counties. Tolls may continue to be collected after the discharge of any bond indebtedness but must first be used for operation and maintenance of the HOT/express lane project or associated transportation project. Any remaining toll revenues may be used for the construction, maintenance, or improvement of any road on the State Highway System. DOT is authorized to implement variable toll rates on the HOT/express lanes. Except for HOT/express lanes, no tolls may be charged on any interstate highway where tolls were not being charged on July I, 1997; . Directs DOT to pursue and implement technologies and processes to provide all electronic toll collections and requires that all new and replacement electronic toll collection systems belonging to other toll entities be interoperable with the DOT's ','hi,;:?"!" 2008 Session Summary Page 33 system; and Provides for alternative tolling and payment methods including video billing and variable pricing. · The revisions also require DOT's Turnpike Enterprise to individually solicit competitive responses to contracts that include, but are not limited to, fuel, food, maintenance, and construction contracts for the Turnpike System Toll Plazas. Utilities · Requires DOT or a local governmental entity to pay the cost ofrelocation of a utility interfering with public road or publicly owned rail corridor improvements if the utility facility serves the DOT or governmental entity exclusively; and requires DOT to pay costs associated with certain underground utility relocations; and · Authorizes DOT to direct the relocation or removal of public pay telephones if they present an endangerment to life or property. The revisions also allow public pay telephones, including advertising, to be installed within governmental right-of-way limits under certain circumstances. Written authorization by the appropriate local governmental entity is required before pay phones can be installed. Outdoor Advertising · Prohibits un-permitted signs outside urban areas, rather than incorporated areas. The provisions revise requirements for display of sign permit tags and direct DOT to establish, by rule, a fee for furnishing a replacement permit tag in an amount that covers the actual cost of the tag. The bill relegates the permitting of signs viewable from two or more roads in separate jurisdictions to the more stringent requirements. The bill adds Hillsborough County and the City of Miami to a pilot program reducing the allowable minimum distance between signs to 1,000 feet if all other requirements are met; · Revises provisions for the denial or revocation of a sign permit for violations. Any notice of a violation must include a detailed description of the violation; · Revises provisions relating to a municipality's or county's ability to permit and regulate wall murals as 'customary use' under federal law. The bill allows a determination of customary use, whereby the determination overrides the controls in the agreement between DOT and the United States Department of Transportation; · Expands the services for which the interstate highway logo sign program is applicable. DOT is authorized to implement a three-year rotation system to provide for the removal or addition of participating businesses. Permit fees are to be established based on market demand, population, traffic volume, and costs but may not exceed $5,000 in urban areas or $2,500 in other areas; and . Creates a business partnership pilot program which authorizes the Palm Beach County School District to display names of business partners on district property in unincorporated areas. 2008 Session Summary Page 34 Expressway and Transit Authorities · Requires the members of each statutorily-created expressway authority, transportation authority, bridge authority, and toll authority to comply with constitutional financial disclosure requirements. The Miami-Dade Expressway Authority currently is required to comply; · Authorizes expressway authorities, at their discretion, to increase tolls to the Consumer Price Index, or similar inflation factor, at least every 5 years, but no more frequent than once a year, if the authority's executive board attains a majority vote in a public meeting; and Abolishes the non-functioning Tampa Bay Commuter Transit Authority. Motor Vehicles and Drivers' Licenses · Redefines hybrid vehicles as it relates to their ability to use high-occupancy-vehicle (HOV) lanes. DOT is authorized to limit or discontinue issuance of certifications which permit hybrids to use HOV lanes as a single-occupant-vehicle if the HOV lane becomes congested. Requires all hybrid and other low emission and energy efficient vehicles using the HOV lanes to comply with federally mandated minimum fuel economy standards; · Lowers the blood and breath alcohol level (BAL) for the purposes oftriggering driving under the influence enhanced penalties to maintain eligibility for federal safety grant funding; and provides that when a person who is in possession of a commercial driver's license (CDL) is found to be driving under the influence, his or her CDL shall be disqualified regardless of the vehicle driven at the time of the violation; and · Provides for exemptions from child restraint and safety belt requirements. The revisions raise the current 5,000 pound maximum to 26,000 pounds, effectively reducing the number of vehicles currently exempted from child restraint and safety belt requirements. Miscellaneous · Directs the department to complete a study of transportation alternatives for the travel corridor parallel to Interstate 95 which takes into account the transportation, emergency management, homeland security, and economic development needs of the state; . Provides for the salary and benefits of the executive director of the Florida Transportation Commission to be established in accordance with Senior Management Service proVISIOns; · Prohibits any county, municipality, or special district from owning or operating an asphalt plant or a portable or stationary concrete batch plant having an independent mixer; grandfathers in counties with plants prior to April 15, 2008; · Revises the sunset date of the Strategic Aggregate Task Force to June 30, 2009; 2008 Session Summary Page 35 · Revises the notification process used by DOT when amending the work program. Under the revisions, DOT must notify each affected municipality, metropolitan planning organization, and county when deleting or deferring capacity-enhancing projects. DOT must include comments received from affected bodies in its preparation of work program amendments; · Reenacts the Small County Resurfacing Assistance Program (SCRAP) in fiscal year 20 1 2-20 13 and does not provide for a sunset of the program; and · Authorizes the use of, but does not appropriate, public funds for certain non-capacity improvements to Old Cutler Road in Miami-Dade County. CS/CS/SB 1012/ CS/CS/HB 405 - Health Insurance Claims Payments - Passed Effective Date: November 1, 2008 We would like to acknowledge and thank Collier County EMS and specifically Walter Kopka for his dedication and support of this bill, which will result in increased reimbursements to Collier County EMS. The bill authorizes the Office of Insurance Regulation to waive the requirement that a multiple employer welfare arrangement maintain its principal place of business in this state if the arrangement meets certain specified conditions and has a minimum specified fund balance at the time of licensure. Insurers which contract with preferred providers must make payments directly to the preferred provider for services rendered to insureds by those preferred providers, and adds ambulance providers providing emergency transport to the group of (non-preferred) providers for which an insurance contract may not prohibit direct payment. The bill creates statutes applicable to group health insurance, blanket health insurance, and franchise health insurance contracts. The bill defines the terms applicable to this section and provides that a contracting entity may not sell, lease, rent, or otherwise grant access to the health care services of a participating provider under a health care contract unless expressly authorized by the contract. Under this bill, HMO claims forms must allow assignment of benefits from the insured to any contracted hospital, ambulance provider, physician or dentist if any benefits are due to the subscriber for covered services under the terms of the agreement between the subscriber and HMO. With a few exceptions already provided for in law, the bill limits the HMOs payment to the provider to the amount that the insurer would otherwise have paid without the assignment. It also provides an exception to the 30-month claim period for insurer and HMO overpayments, applicable to services by physicians, chiropractors, podiatrists and dentists. All health insurer or HMO contract claims for such overpayments must be submitted within 12 months after payment of the claim, with certain exceptions. 2008 Session Summary Page 36 CS/CS/SB 788/ CS/CS/HB 1175 - Transportation Services for the Transportation Disadvantaged - Passed Effective Date: July I, 2008 The bill statutes related to the coordinated planning and provision of non-emergency transportation disadvantaged services to state human service agencies and local transportation agencies. "Purchasing agencies" is defined and requires all such agencies, including the Medicaid Program, to identify dollars spent on non-emergency transportation services to transportation disadvantaged clients. This bill also updates terminology, deletes obsolete language, and makes other technical changes. Additionally, the bill amends provisions allowing for purchase of transportation services outside the coordinated system. The bill requires each purchasing agency to purchase transportation services from the Commission for the Transportation Disadvantaged (CTD) and pay the rates established in the CTD service plan, unless the purchasing agency first negotiates (unsuccessfully) for a contract with the CTD, and demonstrates that an alternative provider can provide the same services of comparable quality and standards in a more cost-effective manner. Some current provisions for CTD's rule-making authority are contingent upon a purchasing agency not negotiating with the CTD for a contract first and then contracting with an alternative provider. Finally, AHCA, notwithstanding chapter 427, must continue contracting with managed care plans under contract with AHCA in Service Area II prior to July I, 2004, for Medicaid non-emergency transportation services. CS/CS/SB 1302/ HB 7139 - Wastewater Disposal/Ocean Outfalls - Passed Effective Date: July I, 2008 The bill directs the South Florida Water Management District (SFWMD) to include water resource and water supply development projects that promote the elimination of wastewater ocean outfalls within its regional water supply plan. These projects should be given first consideration for state or water management district (WMD) funding assistance. The use of reclaimed water made available by the elimination of the wastewater ocean outfalls as part of their consumptive use permitting process. The bill prohibits the new construction or expansion of wastewater ocean outfalls and limits the discharge of wastewater through ocean outfalls to the permitted capacity and requires that discharge of domestic wastewater through ocean outfalls meet advanced wastewater treatment and management requirements no later than December 3 l, 2018. The bill does give an exemption to treatment standards for those facilities that meet 100 percent reuse for domestic wastewater discharge by the same date and requires all facilities that discharge wastewater through ocean outfalls to achieve at least 60 percent reuse of the facilities actual annual flow by December 31, 2025. CS/SB 1588/ HB 7131 - Property Taxation - Passed Effective Date: Upon becoming law This bill contains special provisions for determining the maximum millage rates for the 2008- 2009 Fiscal Year. Amendment I to the Florida Constitution, adopted on January 29, 2008, contained provisions that reduced the property tax base. Under current law, local governments will be allowed to levy a millage rate to recover the tax loss due to the loss of tax base by a majority vote of the governing body. This bill will require a two-thirds vote to recover the loss. 2008 Session Summary Page 31 Taxing authorities that levy millage rates not exceeding the rates that can be levied by majority vote will experience a decline in ad valorem revenues relative to the millage rates that could be levied by majority vote under current law. The difference between the maximum millage rates that can be levied by majority vote under current law and under the provisions of this bill is estimated to be $1.1 billion in tax revenues in Fiscal Year 2008-09. CS/SB 1706/ CS/HB 911 - Developments of Regional Impact - Passed Effective Date' July 1, 2008 This bill exempts certain developments that include an office or laboratory appropriate for the research and development of medical technology, biotechnology, or life science applications from a development-of-regional impact (DRI) review if certain specified conditions detailed below are met. The bill also clarifies the three-year extension provided in 2007 for the phase, buildout, commencement, and expiration dates applied to DRI and related local approvals. Further, the bill modifies the qualifying developments to include Florida Quality Developments as defined by s. 380.061, Florida Statutes, and developments for which a development order was adopted between January 1,2006, and July], 2007, regardless of whether or not active construction has commenced. SB 2244 Resolution- Sheriff Don Hunter/Collier County Sheriffs Office - Passed Adopted by Publication This resolution recognizes and commends Sheriff Don Hlmter, the Collier County Sheriffs Office, and the 27 Collier County officers who have completed the United States Immigration and Customs Enforcement cross-training program. CS/SB 2422 - Local Government Finance Effective Date: Contingent upon HE 7097 becoming law This bill makes changes to the Local Government Investment Pool (LGIP) managed by the State Board of Administration (SBA) based on the recent recommendations of an independent investigative report. The bill modifies the administration, security oversight, and transparency of the LGIP as a means of restoring confidence in the fund. Further, the bill makes the trustees, consisting of the Governor, the Chief Financial Officer, and the Attorney General, more accountable to pool participants by requiring certain certifications and reports to the Joint Legislative Auditing Committee. To address emergencies, the bill allows the executive director ofthe SBA to freeze assets or restrict fund contributions for 48 hours and requires the trustees to agree to continuation of such measures after 48 hours, up to a maximum of 15 days. The bill provides that the Fund B trust fund will be a self-liquidating pool, allowing revenue to be returned to pool participants as assets are sold, mature, or are worked out and requires trustees to review the condition of the Fund B trust fund at each SBA meeting until self-liquidation has fully occurred. CS/CS/CS/SB 1544/ HB 7135 - Energy - Passed During the 2007 Legislative Session, the Legislature enacted comprehensive legislation that was vetoed by the Governor. This bill builds on last year's legislation and includes policies relating to 2008 Session Summary Page 38 energy affordability, security, efficiency, and reliability and also provides a responsible response to concerns with global climate change and anticipated federal legislation. Hearing on Order of Taking Property by Electric Utilities Hearing should be conducted within l20 days after the petition is filed when the petitioner is an electric utility that is seeking to appropriate property for an electric generation plant, associated facility of such plant, an electric substation, or a power line and, when practicable, issue its order of taking no more than 30 days after the conclusion of the hearing. Telecommuting Encourages the use of telecommuting by state agencies for qualified employees. Renewable Energy Devices within a Condominium Unit Provides that condominium governing documents cannot prohibit unit owners from placing renewable energy devices within the boundaries of the condominium unit, and removes the three-story height restriction for installation of solar collectors on residential properties. State Comprehensive Plan/Energy and Climate Change Amends provisions relating to air quality, energy, and land use goals and policies of the State Comprehensive Plan. Includes encouragement ofthe development oflow carbon emitting electric power plants, and includes under the land use goal, the siting of nuclear power plants to meet the state's determined need for electric power generation. Property Tax Exemptionjor Renewable Energy Source Devices Removes the expiration date of the property tax exemption for real property on which a renewable energy source device is installed and is being operated. Sales Tax Exemptionjor Renewable Energy Technologies Makes revisions to the existing sales and use tax exemption for renewable energy technologies and specifies that items eligible for the sales tax exemption are limited to one refund and requires a purchaser. Capital Investment Tax Credit Revisions existing capital investment tax credit section to provide for the transferability of tax credits for a project that includes locating a new solar panel manufacturing facility in the state that generates a minimum of 400 jobs within 6 months with an average salary of at least $50,000. Renewable Energy Technologies Investment Tax Credit Provides for the transferability oftax credits and authorizes existing tax credits to be passed through to underlying partners, members, or owners by written agreement; Transfers current responsibilities of the Department of Environmental Protection (DEP) to the Florida Energy and Climate Commission. 2008 Session Summary Page 39 Renewable Energy Production Tax Credits Clarifies that corporations that own an interest in a partnership can claim the tax credits earned by those partnerships for generating renewable energy. Allows taxpayers using the alternative minimum tax process to also utilize the credit. Construction of Electric Transmission Lines on State Uplands Requires the electric utility to compensate the state in an amount equal to the market value of the interest acquired and vest in the board fee simple title to replacement lands that must be 1.5 times the size of the easement acquired when the DEP approves such easements for electric transmission lines on behalf of the board. Green State Buildings Provides all state agency facilities constructed and renovated by the state comply with the Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high performance green building rating system as approved by the Department of Management Services (DMS). Green Government Buildings Requires all county, municipal, school district, water management district, state university, community college, and court buildings be constructed to meet the LEED rating system, Green Globes rating system, Florida Green Building Coalition standards, or other nationally recognized building rating system. Climate-friendly Public Business Creates the Florida Climate Friendly Preferred Products List to be used by state agencies for purchasing decisions. Deferred Payment Commodity Contracts Deletes a subparagraph limiting agencies' authority to obligate an annualized amount of payments in excess of current operating capital outlay appropriations and adds a provision that the payment term may not exceed the useful life of the equipment unless the contract provides for the replacement or extension of the useful life of the equipment during the term of the loan. Consolidated Financing of Deferred-Payment Purchases Provides that a master equipment financing agreement may finance the cost of energy, water, or wastewater efficiency and conservation measures for a term of repayment that may exceed 5 years but not more than 20 years. DMS/DOT Biofuel Analysis Directs DMS to conduct, in coordination with DOT, an analysis offuel additive and biofuel use by the DOT through its central fueling facilities. Innovation Incentive Program Authorizes the Office of Tourism, Trade, and Economic Development to provide incentive awards to alternative and renewable energy projects and establishes criteria for these projects. 2008 Session Summary Page 40 High Occupancy Vehicles (HOV) Lanes Authorizes the use of HOV lanes by specified hybrid, low-emission, and energy-efficient vehicles. Authorizes certain vehicles having decals to use any HOV lane redesignated as high- occupancy toll lanes without payment of a toll. Placement of Electric Transmission Lines on DOT Controlled Rights -of-Way Provides that for transmission lines that operate more than 69 kilovolts, and where there is no practical alternative available, DOT rules must provide for placement of, and access to, transmission lines within the right-of-way of any department controlled public roads, including longitudinally within limited access facilities to the greatest extent allowed by federal law, provided that compliance with minimum clear zone and other safety standards established by rules or regulations is achieved. Metropolitan Planning Organizations Adds "greenhouse gas emissions" to the list of the negative impacts of transportation systems that the Legislature wishes to minimize while promoting the management, operation, and development of these transportation systems. Public Service Commission (PSC) Nominating Process Makes several revisions to this process. Jurisdiction of the Public Service Commission (PSC) over Municipal Electric Utilities Requires each municipality that operates an electric utility that serves two cities in the same county, is located in a non charter county, has between 30,000 and 35,000 retail electric customers as of September 30, 2007, and does not have a service territory that extends beyond its home county as of September 30, 2007, to conduct a referendum election of all its retail electric customers to determine whether a separate electric utility authority should be created to operate the business of the electric utility in the affected municipal utility. If a majority of the retail electric customers vote in favor of creating the authority, the municipal electric utility must provide each Legislative member whose district includes any part of the utility's service territory a proposed charter that transfers the utility's operations to a duly-created authority. Energy Efficiency and Conservation Revises the Florida Energy Efficiency and Conservation Act (FEECA), to explicitly allow efficiency and conservation investments across generation, transmission, and distribution as well as efficiencies within the user base; to encourage the development of demand-side renewable energy; and to provide criteria the Public Service Commission (PSC) is to consider when evaluating proposed conservation and efficiency measures. Environmental Cost Recovery Revises the definition of "environmental compliance costs" to include the costs or expenses prudently incurred for the quantification, reporting, and third party verification as required for participation in greenhouse gas emission registries for greenhouse gases as defined and costs or expenses prudently incurred for scientific research and geological assessments of carbon capture and storage conducted in Florida for the purpose of reducing an electric utility's greenhouse gas 2008 Session Summary Page 41 emissions when such costs or expenses are incurred in joint research projects with State of Florida government agencies and State of Florida universities. Net Metering Expands the term "biomass" to include waste, byproducts or products from agricultural and orchard crops, waste or co-products from livestock and poultry operations, and waste or byproducts from food processing. Requires investor-owned utilities to develop a standardized interconnection agreement and net metering program for customer-owned renewable generation on or before January 1,2009, and directs municipal electric utilities and rural electric cooperatives that sell electricity at retail to develop a standardized interconnection agreement and net metering program for customer-owned renewable generation, as well. Renewable Portfolio Standard Directs the Public service Commission (PSC) to adopt a rule for a renewable portfolio standard (RPS) requiring each provider, which includes an investor-owned utility, but not a municipal electric utility or a rural electric cooperative, to supply renewable energy to its customers, either directly, by procuring, or indirectly providing through the purchase of Renewable Energy Credits (RECs). Alternative Cost Recovery Mechanisms for Nuclear Power Plants Specifies that the advanced cost recovery requirement consists of the costs incurred in the siting, design, licensing, construction, or operation of new, expanded, or relocated electric transmission lines and facilities that are necessary to serve a nuclear power plant. Florida Energy and Climate Commission Provides for a transfer of the Florida Energy Commission from the Office of Legislative Services (and authorizes 4 FTEs) and the State Energy Program from the Department of Environmental Protection (DEP) to the Florida Energy and Climate Commission (commission) in the Executive Office of the Governor and repeals the Florida Energy Commission. Florida Green Government Grants Act Creates the "Florida Green Government Grants Act," to provide that the newly-created Florida Energy and Climate Commission (FECC) award grants to assist local governments, including municipalities, counties, and school districts, to develop programs that achieve green standards. Florida Climate Protection Act (Cap and Trade Regulatory Program) Authorizes Department of Environmental Protection (DEP) to adopt rules for a cap-and-trade regulatory program to reduce greenhouse gas emissions by electric utilities. Provides for methodologies, reporting periods, and reporting systems that must be used when electric utilities report to the Climate Registry. Electrical Power Plant and Transmission Line Siting Act Revises various provisions of the Power Plant Siting and Transmission Line Siting Acts to create greater efficiency in the siting process and facilitate the need for expanded power generation. Creates an alternate corridor proposal process within the Power Plant Siting Act that mirrors the same process currently in the Transmission Line Siting Act, and allows electric 2008 Session Summary Page 42 utilities constructing a nuclear power plant to obtain certain preconstruction site support permits before obtaining the certification. Recycling Requires a long term goal by state and local governments, private companies and organizations, and the general public to reduce the amount of recyclable solid waste disposed of in waste management facilities, landfills, or incinerator facilities by a statewide average of at least 75 percent. Analysis of Disposable Plastic Bags by DEP Authorizes the DEP to undertake an analysis of the need for regulation of auxiliary containers, wrappings or disposable plastic bags. Requires Department of Environmental Protection (DEP) to report their findings to the Legislature no later than February 1,2010, and prohibits local or state government entities from enacting any regulation of such auxiliary containers, wrappings, or disposable plastic bags until the Legislature has acted on the DEP's recommendations. Methane Capture Encourages counties to form multicounty regional solutions to capture methane gas from landfills and wastewater treatment facilities. Composting Requires each county by July I, 20l0, to develop and implement a plan to achieve a goal of up to 10 percent and no less than 5 percent of organic material to be composted within the boundaries of a county or municipality and encourages each county to consider plans for mulching organic materials otherwise disposed of in a landfill. Guaranteed Energy Performance Savings Contracts Authorizes all state agencies to use the guaranteed energy, water, and wastewater performance savings contracting program to utilize savings from energy, water, and wastewater conservation and efficiency measures to finance such measures. Florida Renewable Fuel Standard Act Establishes the Florida Renewable Fuel Standard Act (act). Provides that beginning on December 31, 2010, all gasoline sold or offered for sale in Florida by a terminal supplier, importer, blender, or wholesaler shall be blended gasoline Florida Building Code Directs the Florida Building Commission to select the most recent International Energy Conservation Code as a foundation code. Provides for modification of the code by the commission to achieve the efficiency levels of the Florida Energy Efficiency Code for Building Construction. Thermal Efficiency Standards Provides for targeted increases in the energy efficiency standards in the Florida Building Code totaling 50 percent by the year 2019. Prior to implementing the increases, requires the Florida 2008 Session Summary Page 43 Building Commission to adopt by rule and implement a cost-effectiveness test to ensure increases in efficiency result in a positive net financial impact. Appliances and Pool Pumps Sets minimum requirements for commercial or residential swimming pool pumps, swimming pool water heaters, and water heaters used to heat potable water and sets requirements for residential pool pump motors and portable electric spas. Agency jor Enterprise Information Technology Requires the Agency for Enterprise Information Technology to define specified objective standards and conduct evaluations relating to energy efficiency and to submit recommendations to the Legislature for reducing energy consumption and improving the energy efficiency of state data centers by December 31, 20 I 0, and bi-annually thereafter. Florida Energy Systems Consortium Establishes the Florida Energy Systems Consortium (consortium), consisting of all eleven state universities. The consortium is designed to promote collaboration between experts in the State University System for the purposes of sharing energy-related expertise and assisting in the development and implementation of a "comprehensive, long-term, environmentally compatible, sustainable, and efficient energy strategic plan for the state. Woody Biomass Economic Study Directs the Department of Agriculture and Consumer Services, in conjunction with the Department of Environmental Protection, to conduct an economic impact study on the effects of granting financial incentives to energy producers who use woody biomass as fuel. Decoupling Directs the Public Service Commission (PSC) to analyze utility revenue decoupling and provide a report and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1,2009. Motor Vehicle Emissions Standards Prohibits DEP from adopting and implementing the California motor vehicle emissions standards until ratified by the Legislature and prohibits DEP from modifying its rules to implement such standards until ratified by the Legislature. Recognition Program for Green Schools Requires the Department of Education and the Department of Environmental Protection (DEP) to develop a program to provide awards or recognition for outstanding efforts in conservation, energy and water use reduction, environmental enhancement, and conservation-related educational curriculum development; authorizes students, classes, teachers, schools, or district school boards to be eligible for such awards or recognition; encourages the departments to seek private sector funding for the program. 2008 Session Summary Page 44 CS/SB 1318/ CS/HB 567 - Onsite Sewage Treatment and Disposal Systems - Passed Effective Date: July 1, 2008 The bill adds a representative from local government who is knowledgeable about domestic wastewater treatment to the research review and advisory committee. The committee is directed by statute to advise the Department of Health on directions for new research, review and rank proposals for research contracts, and review draft research reports and make comments. The membership of the committee is increased to a total often members. The bill adds a representative from local government who is knowledgeable about domestic wastewater treatment and who is recommended by the Florida Association of Counties and the Florida League of Cities to the technical review and advisory panel. CS/CS/SB 1672/ CS/HB 1427 - Beach Management - Passed Effective Date: July 1, 2008 The bill provides legislative intent to direct and commit the state's beach management efforts to address beach erosion caused by Florida's inlets, and declares that it is in the public interest to replicate the natural flow of sand at inlets. All beach quality sand associated with inlet construction and maintenance dredging, including that at federal inlets, must be placed on adjacent beaches, with DEP maintaining current estimates of the natural net annual transport volume of sand at all inlets and ensure that these volumes be placed on adjacent eroding beaches. All Ports shall follow its master plan with DEP permitting showing efforts to restore beach quality sand from dredging and construction projects on eroding beaches, and provides for inland navigation districts to participate in the local government's or the port's plan regarding sand recovery; The bill also addresses plan development, establishes annual funding priorities for studies, projects, or other activities relating to inlet management, requires separate ranking criteria exclusively for inlet management and specific funding provisions, and provides for the designation of an Inlet of the Year. 2008 Session Summary Page 45 Legislation Introduced but Failed Affordable Housing HB 699 (Aubuchon) would have provided a special assessment for property receiving low- income housing tax credit; defined the term "community land trust"; and provided for assessment of structural improvements, condominium parcels, and cooperative parcels on land owned by community land trusts and used to provide affordable housing. Additionally, the bill would have provided for conveyance of structural improvements, condominium parcels and cooperative parcels subject to certain conditions; would have specified criteria to be used in arriving at just valuation of structural improvement, condominium parcel, or cooperative parcels; would have provide additional criteria for determining whether certain affordable housing property owned by certain exempt organizations would be entitled to a tax exemption; and would have provided an ad valorem taxation exemption for not-for-profits providing affordable housing. This was addressed in several different bills that all failed. HB 699 died on the House Calendar. Affordable Housing/Community Land Trust HB 431 (Fitzgerald), as well as parts of HB 699 (Aubuchon), HB 796 (Bennett) and SB 1490 (Bennett) would have provided a special assessment of property receiving low-income housing tax credits; defined the term "community land trust"; provided for the assessment of structural improvements, condominium parcels, and cooperative parcels on land owned by community land trust and used to provide affordable housing and would specify criteria to be used in arriving at just valuation of structural improvement, condominium parcel, or cooperative parcels. HB 431 died on the House Calendar. Affordable Housing Preservation SB 1362 (Fasano) would have created the Florida Housing Preservation Program. The Florida Housing Finance Corporation was to use state funds for financing to preserve and rehabilitate affordable multifamily rental housing properties that were 15 years old or older, as well as mobile home parks for low-income, very-low-income, and extremely-low-income persons and families. SB 1362 died in committee. Affordable Housing/State Housing Initiative Partnership (SHIP) program SB 482 (Garcia) would have revised the purposes for which State Apartment Incentive Loans would be used. In addition, the bill included plans to revise requirements for distribution of funds in the Local Government Housing Trust Fund and would have required local housing assistance plans to address the special housing needs of persons with disabilities. Lastly, SB 482 would have authorized and limited the percentage of funds from the local housing distribution that could be used for certain manufactured housing. SB 482 died in House Messages. Affordable Housing for Seniors HB 561 (Vana) and SB 2014 (Deutch) would have authorized local governments to include an affordable senior housing element in comprehensive plans. The bills died in committee. Affordable Housing for Veterans HB 1471 (Bucher) and SB 1020 (Geller) would have increased the amount of documentary stamp tax distributed to State Housing Trust Fund in order to fund loans to veterans for 2008 Session Summary Page 46 affordable housing through the Florida Homeownership Assistance Program. The bills died in committee. Aggregate Mining-Preemption SB 774 (Baker), HB 7155 (House Environment and Natural Resources Council) and SB 2406 (Bennett) addressed local government regulation of activities relating to limerock mining. SB 2406 and HB 7155 specified that a local government cannot enact or enforce any regulation or take other action that would interfere with or prohibit limerock mining activities. Both SB 2406 and HB 7155 included a complete preemption of local government land use and environmental regulations. SB 774 required a super-majority vote of the local government commission to deny any application for an aggregate materials mining site if the applicant received the appropriate approvals from the pertinent state agencies. Building Florida's Future Trust Fund SB 2712 (Fasano) was amended to SB 2778 (Fasano) an Economic Development package, and would have created the Building Florida's Future Trust Fund within the Office of Tourism, Trade, and Economic Development. The purpose of the fund was to provide funding for loans for construction and modernization of facilities and infrastructure. SB 2712 died on the House Calendar and SB 2778 died in returning Messages from the House. Building Florida's Future Guarantee Program SB 2714 (Fasano) would have established a revolving loan program within the Office of Tourism, Trade, and Economic Development to provide loan guarantees or credit enhancements to units of local government or to private entities for use in constructing or modernizing facilities and infrastructure necessary to attract or expand certain industries as part of an economic- development project. SB 2714 died on the Senate Calendar. Cameras/Traffic Enforcement SB 816 (Bennett) and HB 351 (Reagan) would have authorized the use of cameras at traffic intersections to enforce laws relating to the running of red lights. The bills would have preempted authority regarding the use of cameras at red lights to the state and required the Florida Department of Transportation to develop and implement comprehensive standards and specifications to be met by local governments if they opted to use cameras. Both bills died in the final committees they were referenced to in their respective chambers. Citizen Participation at Public Meetings HB 991 (Hukill) and SB 2276 (Lynn) would have established uniform requirements for citizen participation at local government meetings and workshops. HB 991 was amended to allow local governments to adopt their own written policy on public participation. If the policies were not adopted by October I, 2008, the local government would have been mandated to follow the uniform participation requirements in the bills. HB 991 died in Senate Messages and SB 2276 died in committee. Department of TransportatiOli 5- Year Work Plan SB 2512 (Dockery) requires the Florida Department of Transportation to submit to each member of the Legislature, a listing of any transportation project costing more than $75 million. The list 2008 Session Summary Page 41 must include: the project's location; the total estimated cost of the project for all phases (including phases not included in the current work program); the proposed schedule for the entire project's completion; and, a description of the project's benefit to the state and its citizens. SB 2512 died in committee. Discretionary Sales Surtax HB 891 (Vana) and SB 2298 (Fasano) would have authorized certain counties to levy by ordinance a I % surtax for emergency fire rescue services and facilities, if approved by voters in a countywide referendum. The bills provided that the governing authority of such county would be designated as the "regional service provider" for emergency fire rescue services within the county. The bills provided for a limited and unfavorable distribution of the proceeds of such surtax with municipalities and special districts pursuant to interlocal agreement, and would have required participating municipal fire departments to establish levels of service for personnel and equipment equal to or better than that of the county. The bills further specified that municipalities and special districts that did not participate in the interlocal agreement would be subject to the surtax but would not receive any of the proceeds. Both bills died in committee. Expedited Permitting HB 147 (Schenck) and SB 402-(Fasano) required the Department of Environmental Protection (DEP) and the water management districts to adopt programs that create a 45-day expedited wetland and environmental resource permitting process for businesses that have been identified by a municipality or county as a target industry business. HB 147 died in Senate messages and SB 402 died in committee. Fertilizer HB l267 (Nelson/McKeel) and SB 2352 (Aronberg/Baker) addressed the use of consumer fertilizers by requiring local governments to adopt a model ordinance. By making it extremely difficult for a local government to adopt more stringent regulations the bills included a "defacto" preemption of local government regulation of fertilizers. Both bills died in their last committee of reference. Growth Management Both HB 7129 (Economic Expansion and Infrastructure Council) and SB 474 (Garcia) died on the calendar of their respective chambers. Some very limited growth management policy relating to airport compatibility was included in the Transportation bill (SB 682). The following were concepts that were included in the growth management bills that the League expects to resurface next session. SB 474 (Garcia) included a provision that would have prohibited local governing bodies in municipalities with populations of over 10000 from acting as the local land planning agency. It expanded the current "alternative state review" pilot program to all areas designated in a comprehensive plan for: urban infill and redevelopment, community redevelopment, and downtown revitalization. Transportation concurrency exception areas would have been established for the previously mentioned urban areas. It established a study group for the purpose of examining the use of a "mobility fee" to replace transportation concurrency and impact fees. HB 7129 (Economic Expansion and Infrastructure Council) died in on the House 2008 Session Summary Page 48 floor. The bill would have extended all DRI development orders, including all associated local government approvals, until 2011. It established transportation concurrency exception areas for all urban infill and redevelopment, community redevelopment, community redevelopment, and downtown revitalization. The Legislative Committee on Intergovernmental Relations would have been tasked with conducting a study on the implementation of a "mobility fee" to replace all transportation concurrency fees. A "mobility fee" pilot program would have been implemented in Duval, St. Johns, and Clay Counties, including all municipalities within those counties. Also, the bill included increases opportunities for citizen's participation in the comprehensive plan amendment process by requiring developers to hold pre-application meetings with affected citizens. SB 474 (Garcia) died on the Senate floor. SB 2246 (Baker) and HB l173 (Mayfield) related to land development regulation. SB 2246 died on the Senate Calendar and HB 1173 died in Senate Messages. Homestead Assessments & Exemptions HB l279 (Thompson, N.) & SB 2506 (Bennett) would have provided that if the just value of homestead property decreases, the assessment of such property must decrease by the same percentage. If the just value did not change, the assessment would not change. If the just value increased, the assessed value would be capped at the lesser of 3% or the percentage change in the Consumer Price Index. Both bills died in committee. Illegal Immigration HB 73 (Brown) relating to illegal immigration would have prohibited restrictions on the reporting of immigration status information by public employees and would have prohibited local government restrictions concerning immigration law enforcement. This bill died in State Affairs. HB 159 (Adams) and SB 388 (Fasano) relating to the enforcement of immigration laws would have prohibited public employers from entering into contracts for physical performance of services with contractors not registered and participating in the federal work authorization program. HB 159 died in committee and SB 388 died on the Senate Calendar. SB 540 (Baker) and HB 571 (Kravitz) would have required law enforcement officers, sheriffs, chief correctional officers, and clerks of the circuit court to report to Immigration and Customs Enforcement suspected illegal aliens who are arrested, detained, or convicted of a felony. The bills died in committee. Local Government Budgets SB 2648 (Dean) would have required any taxing authority that obtains its revenues from ad valorem taxes to submit a line-item, zero-based budget to the county commission prior to the county commission's budget hearings. The bill was amended in committee with a strike everything amendment and to add local government budget transparency provisions identical to those in HB 7123 (Grant). SB 2648 died in committee. HB 7123 died in Senate Messages. Local Government BudgetinglTransparency/Reserve Restrictions HB 7123 and CS/SB 2648 would have required local governments to develop and provide information on local government budgets. The bills also would have placed limitations on local 2008 Session Summary Page 49 government revenue reserves. HB 7123 died in Senate Messages and CS/SB 2748 died in committee. Local Government Spending/Transparency HB 181 (Harrell) and SB 392 (Storms) would have required cities and other local governments to disclose spending activities under contracts with a value of $5,000 or more. HB 181 died in committee and SB 392 died in Returning Messages. Local Government Revenue Sources HB 715 (Flores) and SB 2412 (Haridopolos) would have required a supermajority vote (3/5 or a majority plus one, whichever was greater) of the local governing body to levy new, increase existing, expand the tax base or area subject to, or to eliminate any exemptions from, taxes, special assessments, non-ad valorem assessments, or impact fees. The bills would have required a 3/5 vote of the electors voting in any referendum regarding the same. Maximum Ad Valorem Tax Limitation HB 949 (Lopez-Cantera) and SB 2190 (Bennett) proposed a constitutional amendment that would have prohibited the total combined property taxes on any parcel from exceeding 1.35% of the parcel's highest taxable value. The bill language is identical to a proposed citizens' initiative. HB 949 died in Senate Messages. SB 2190 died in committee. Motor Fuel Taxes SB 984 (Bennett) authorized counties to adopt an ordinance adjusting the rate of the ninth-cent fuel tax or the local option fuel tax based on the percentage change in the Consumer Price Index. SB 984 was never heard in the Senate and did not have a House companion. Nonresidential Farm Buildings HB 761 (Pickens) and SB 1376 (Dean) prohibited local governments from assessing stormwater fees and prohibited local governments from enacting or enforcing any regulations on land classified as agricultural if the activity is regulated by Best Management Practices, interim measures or regulations. The bills also attempted to expand the current exemption from the Florida Building Code for inspection fees for nomesidential farm buildings to exempt these structures from impact and permit fees. HB 761 died in Senate messages and SB 1376 died on the Senate calendar. Partial Payment HB 51 (McKeel) and SB 1004 (Fasano) would have required tax collectors to accept partial payment of property taxes due by the deadline specified in the tax notice. Unpaid amounts remaining after the deadline would have been subject to penalties and interest. HB 51 died in Senate Messages. SB 1004 died in committee. Property Rights HB 881 (Precourt) and SB 1578 (Baker) would have revised the Bert Harris Act. The changes would have shortened the time frame for local governments to make settlement offers and lengthened the time for property owners to bring Harris Act claims. The bills also provided for a 2008 Session Summary Page 50 waiver of sovereign immunity for liability and provided for prospective application. HB 881 (Precourt) died in Senate messages. SB 1578 died in committee. Property Taxes Legislators filed numerous bills addressing property taxes. Some, like HB 7003 (Gov't Efficiency Council), SJR 2384 (Baker), and SB 2368 (Baker), would increase homestead exemptions for various classes of property owners, such as veterans or deployed military veterans. Others, such as HB 7005 (Gov't Efficiency Council), HB 129 (Lopez-Cantera), SB 626 (Atwater), SB 2334 (Gaetz), and HB 1283 (Cannon) would make changes to the method in which the property appraiser determines the "just value" of property, changes to the burdens of proof in taxpayer challenges to property assessments, and changes to value adjustment board processes. HB 1381 (Needelman) would have replaced all property taxes with a sales tax. Most of these bills died without a single committee hearing. Still others were either heard once in committee or passed the House but were not taken up by the Senate. Some of the more notable bills included the following: Property Tax Information CS/HB l061 (Seiler) would have required the Department of Revenue to collect and publish on its website and on the websites of all property appraisers the following data: the annual percentage increase in total nonvoted ad valorem taxes levied by each taxing authority; information concerning the distribution of ad valorem taxes levied on the various classifications of property; and the previous year's adopted millage rates, the current year's millage rates, and the current percentage increase in taxes levied above the roll back rate. CS/HB 1061 died on the House Calendar. SB 822 (Atwater) died in committee. Public Beach Access CS/SB 2622 (Justice) and HB 1523 (Sasso) addressed public access to beaches including prohibiting the placement of signage restricting access and defining the term recreational use relating to public beaches. Both bills died in committee. Public Construction Works HB 683 (Weatherford) and SB 2148 (Haridopolos) would have substantially altered the manner by which local governments. perform public construction works, including utilities and transportation projects. The bills would have required local governments to competitively bid a variety of public construction works, which currently are not subject to competitive bidding. HB 683 died on the House Calendar. SB 2148 died in committee. Rental Property Assessment Increase Limitation HJR 441 (Domino) would have provided a limitation on increases in assessments of rental property. Assessment increases would be limited to the greater of 5% or the average annual percentage growth in revenues derived from the property over the preceding three years. HJR 441 died in committee. 2008 Session Summary Page 51 Restrictions on Local Government Issue Campaigns HB 195 (Long) and SB 532 (Justice) would have prohibited a local government from expending, directly or indirectly, public funds to support or oppose an issue, referendum, or amendment that is subject to a vote of the electors. Both HB 195 and SB 532 died in committee. Sadowski Trust Fund Cap Repeal HB 0005 (Saunders), SB 0074 (Geller) and SB 0080 (Wilson) would have removed the cap on the amount of proceeds deposited into the Sadowski Affordable Housing Trust Funds. All three bills died in committees. Sexual Offenders and Predators HB 1107 (Glorioso) and SB 1430 (Aronberg) would have revised proVISIOns relating to reimbursement of specified costs by sexual predators, prohibited sexual predators from working at certain locations, specified residency distance limitations for persons convicted of certain sexual offenses and preempted local ordinances. HB 1107 bill died on the House Calendar. SB l430 died in House messages. State & Local Government Revenue Limitations HJR 7125 (Gov't Efficiency & Accountability Council) proposed an amendment to the state constitution that would have revised the existing state constitutional revenue limit and would have imposed a local government revenue limit to be implemented by the legislature. Local government revenues would have been capped at the amount of revenue for FY 2008-09 plus a growth factor based on population and inflation plus one percentage point. It directed the legislature to determine how the local government cap would be implemented, what revenues would be included or excluded, and what types of local government entities would be included or excluded. The bill passed the House but died in Senate Messages. Surplus Lands for Affordable Housing SB 2562 (Gaetz) and HB 905 (McKeel), as well as portions ofHB 7129 (Economic Expansion & Infrastructure Council, Cannon and Scionti) and HB 474 (Garcia), would have statutorily required that cities and counties that failed to complete and update the inventory list of real property owned that was appropriate for affordable housing development would be ineligible to receive any state affordable housing program funding. SB 2562 died in committee, HB 7129 died on the House Calendar, HB 905 died in committee and HB 474 died on the Senate Calendar. Transportation Funding SB 1688 (Baker) and HB 1399 (Aubuchon) created the Transportation Revenue Study Commission to study and make recommendations to the legislature regarding state, regional and local transportation needs. The bills also increased turnpike authority revenues by authorizing additional bonding authority and the indexing of turnpike and expressway tolls. SB 1688 died in committee and HB l399 died after being received by the Senate and referenced to multiple committees. 2008 Session Summary Page 52 United States Flag Displays SB 90 (Saunders) would have prohibited a county or municipality from enacting or enforcing any ordinance or regulation that prohibits the display of a United States flag by a property owner or tenant. SB 90 died in committee. Use of Wireless Communications While Driving SB 504 (Baker) and HB 193 (Legg) would have prohibited a person who has not attained l8 years of age from using an electronic wireless communications device while operating a motor vehicle. Both SB 504 and HB 193 died in committee. Wastewater Discharges SB 1634 (Bennett) and HB 1503 (Aubuchon) would have required the Department of Environmental Protection to investigate wastewater treatment facilities within one mile of any beach the Department of Health closes due to a finding of fecal coliform in the water. HB 1503 died in House messages while SB 1634 died in the Senate General Government Appropriations Committee. Working Waterfront HB 877 (Needelman) and SB 2294 (Dean) authorized the owner of any working waterfront real property to convey all rights to develop the property to the county or municipality in which such property is located for a period of seven years with an opportunity to extend the life of that agreement. Local governments would have been prohibited from conveying the right to another party and were limited to utilizing the property in a manner consistent with working waterfronts. Both bills died in committee in their respective chambers. * Bill summaries in the Passed/Failed seciions of book provided by Senate and House Staff. ""'''.''o;;<i;i':<',;;,,; All About Florida IERLSA JACOBS RANDY HATCH RODNEY lONG IUNE LI I BERMAN SUSAN LATVAEA ellRlSl OI'IIER L. HOLLEY May 30, 2008 Dear Members, The 2008 Legislative Session saw changes at FAC and new challenges for our legislative staff. Prior to the start of the Session, FAC was proud to welcome John Wayne Smith as our new legislative director. John brought with him 18 years of experience and a leadership style and reputation that opened new doors for FAC at the Capitol. John led our legislative strategy with the House and Senate focusing efforts on defeating the many attacks on home rule. In this anti-local government time, many efforts were made to preempt the authority and ability of local governments to better serve their citizens. The FAC legislative team and all of the county and city lobbyists who work so closely together were overwhelmingly successful in blocking many of these attempts to preempt local governments and pass on unfunded mandates. In addition to covering the legislature, this year brought the added challenge of covering the Taxation and Budget Reform Commission (TBRC). The TBRC is a body that meets once every 20 years to review the state's financial structure and has the authority to either make recommendations to the legislature or place constitutional amendments directly on the ballot for consideration by the people. One of the major initiatives this group considered was the Taxpayer Bill of Rights (TABOR). TABOR places revenue and spending caps on both state and local governments often requiring a referendum for those caps to be exceeded. Colorado is the only state in the country to have passed TABOR and its effects were so detrimental that they voted to suspend TABOR for five years. Thanks to extensive efforts by our legislative team, county and city lobbyists and many of our commissioners, TABOR failed to obtain the needed votes to pass. This defeat was a major success for the state of Florida, but we must remain vigilant as efforts to pass TABOR continue, either through a citizen initiative or in the legislature in future years. The following summary, published annually to provide counties with the necessary information following the Florida legislative session, extensively covers the major issues tracked by FAC during the legislative session and the outcomes of legislation relative to county government. Should you have any questions, please do not hesitate to contact a member of the FAC legislative team at (850) 922-4300. Sincerely, .7 " /d-e'~ ' / Chris Holley Executive Director WWW.PL-CQUNTJES.COM ABOUT THE 2008 LEGISLATIVE REPORT The Florida Association of Counties is pleased to present the 2008 Legislative Report. This report represents the hard work of many county officials, FAC staff and our team of contract lobbyists who spent numerous hours lobbying on the critical issues important to county government. Section I summarizes FAC's Legislative Priorities Program for the 2008 Session. Section II summarizes legislation FAC was successful in passing. Section III summarizes legislation FAC was successful in defeating. Section IV consists of the Budget Summary. County by County Allocations for FY 2008-09 are available here. Section V summarizes additional bills impacting counties approved by the Legislature. Section VI summarizes bills that would have impacted counties but were not passed by the Legislature. Section VII includes a listing of task forces, workgroups and councils created by the 2008 Legislature that are of interest to counties. Section VIII summarizes the proposed constitutional amendments approved by the Taxation and Budget Reform Commission (TBRC). Reports from the TBRC and copies of the proposed constitutional amendments can be accessed here. We hope that the FAC 2008 Legislative Report is a valuable resource of information for your county. The Florida Senate 2008 Session Summary can be accessed here and copies of the Senate bills listed in this report are available here. The Florida House of Representatives 2008 Session Summary can be accessed here and copies of the House bills listed in this report are available here. FAC MISSION STATEMENT The mission of the Florida Association of Counties (FAC) is to preserve and promote democratic principles by working to keep appropriate authority at the level of government closest to the people, and to increase the capacity of Florida counties to effectively serve and represent the citizens of the state through legislative action, education of public officials, and enhancement of public awareness about the role and function of county government. TABLE OF CONTENTS PRIORITIES PROGRAM Page 6 LEGISLATION FAC WAS SUCCESSFUL IN PASSING Page 1 0 LEGISLATION FAC WAS SUCCESSFUL IN DEFEATING Page 14 BUDGET SUMMARY Page 20 LEGISLATION THAT PASSED Finance, Transportation & Administration Page 32 Growth Management, Environmental Planning & Agriculture Page 37 Health & Human Services Page 44 Public Safety Page 49 LEGISLATION THAT FAILED Page 53 TASK FORCES I WORKGROUPS I COUNCILS CREATED Page 64 TAXATION AND BUDGET REFORM Page 69 COMMISSION REVIEW - 2- EXECUTIVE COMMITTEE Teresa Jacobs Orange County President Randy Hatch Suwannee County President-Elect Rodney Long Alachua County 151 Vice President Ilene Lieberman Broward County 2nd Vice President Susan Latvala Pinellas County Immediate Past President - 3- LEGISLATIVE STAFF Chris Holley Executive Director chollev@fl-counties.com John Wayne Smith Legislative Director ismlth@fl-counties.com Eric Poole Assistant Legislative Director Transportation, Growth & Emergency Management epoole@ fl-counties~com Sarah Bleakley Special Tax Counsel sbleaklev@nqnlaw.com Heather Wildermuth Senior Legislative Advocate Health & Human Services hwildermuth@fl-counties.com Diana Ferguson Legislative Staff Attorney Environmental Planning & Agriculture dferqu son@f1-countles.com Amanda Ghaffari Legislative Advocate Public Safety & Administration aqhaffa r i@f1-counties.com Rosie Byrd Senior Legislative Executive Assistant rbvrd@fl-counties.com Valerie Miskelley Legislative Executive Assistant vmiskellev@fl-counties.com Ariel Reed Legislative Intern FAC CONTRACT TEAM Brian Ballard Travis Blanton Matt Bryan Amy Christian Jon Johnson Joe McCann Sandy Mortham -4 - SECTION I PRIORITIES PROGRAM PRIORITIES PROGRAM FINANCE. TRANSPORTATION & ADMINISTRATION Mandates CP 46 by Commissioner Hogan - Taxation and Budget Reform Commission Working closely with FAC, Commissioner Mike Hogan introduced a proposed constitutional amendment that would have made it more difficult for the Legislature to pass down unfunded mandates. The amendment (CP 46) passed its original committee of reference but later died for lack of action in the second committee. Mandates, Cost Shifts & Preemptions Thanks to the help and early commitment by Senate leadership, the 2008 Legislative Session provided very few additional mandates, cost shifts or preemptions on local governments. Property Tax Reform Senate leadership agreed with the recommendations of FAC to focus on glitch issues and allow for a grace period to evaluate previous changes to the property tax structure before addressing additional substantive changes. For more specific information, see HB 1283 on page 14, HB 949 and HB 421 on page 15, SB 1588 on page 34 and HB 909 on page 36. Transportation CS/CS/SB 682 by Sen. Bullard (HB 899 by Rep. Bullard) As a part of this year's principal transportation bill, FAC successfully added language that implements two of its adopted policy statements for 2008. First, SB 682 includes language that eliminates the sunset provision for the Small County Road Assistance Program (SCRAP), which was scheduled to terminate in 2010. The bill also mitigates legislation passed in 2007 that made program eligibility more restrictive. FAC not only worked to offset this constraint but, while working with the Small County Coalition, was successful in easing the program's minimum requirements in a way that expands the program to more small counties. Finally, FAC worked with the Florida League of Cities to give local governments a stronger position when the Florida Department of Transportation (DOT) elects to defer or delete a transportation project from the 5-Year Work Program. Currently, DOT only has to notify the local government and the Legislature of its decision to affect work program projects, which must be ultimately approved by the Governor. Under this process, counties never have an opportunity to convey to DOT or the Governor the impact such a decision may have on local transportation concurrency. Under this bill, that process has been changed and local governments now have a comment period they can use to inform both DOT and the Governor whether a pending decision to defer or eliminate a state project will negatively impact a local community. Effective Date: 07/01/08. 6 GROWTH MANAGEMENT. ENVIRONMENTAL PLANNING & AGRICULTURE Mining HB 7155 by the Environment & Natural Resources Council and Rep. Mayfield (CS/SB 774 by Sen. Baker and SB 2406 by Sen. Bennett) Mining was a contentious issue this legislative session. The Strategic Aggregates Review Task Force issued several consensus recommendations in its report, few of which made it into any of the bills that were filed. This controversy arose when environmental groups challenged the issuance of federal permits in the Miami-Dade lake Belt area. Although no local government was a party to the iitigation, somehow local governments were being charged with disrupting the aggregate supply and the DOT warned that a severe shortage of aggregate would result if a portion of the lake Belt was shut down. The lake Belt mines that were subject to the iitigation were in fact shut down, but Florida did not reaiize a shortage of aggregate. Nevertheless, several preemptive bills were filed this session, including HB 7155 by the Environment and Natural Resources Council and Rep. Mayfield, SB 774 by Sen. Baker, and SB 2406 by Sen. Bennett. Both Senate bills (SB 774 and SB 2406) relating to mining were voted down in the Senate Environmental Preservation and Conservation Committee. Upon their defeat, HB 7155 no longer had a potential companion bill. SB 774 previously contained a supermajority requirement for land use and an appeal to the cabinet for land use decisions relating to aggregate mining. SB 2406 previously contained an environmental preemption relating to limestone mining. HB 7155 contained similar preemptive language. Both Senate bills were amended to strip out those provisions, but the committee, led by Sen. Saunders, still voted the bills down due to concerns that not all of the stakeholders were at the table and in agreement that either bill represented a final compromise. As a result, no attempts at mining preemption were successful this session. However, the task force was extended by one year in the transportation package, SB 682 by Sen. Bullard, which passed. HEALTH & HUMAN SERVICES Medicaid Reform Expansion HB 5085 by the Policy & Budget Council This bill served as the implementing bill for the health and human services section of the budget. Originally, the bill included plans to expand the Medicaid reform pilot program currently underway in Broward, Duval, Baker, Clay and Nassau to an additional nine counties (Hardee, Highlands, Hillsborough, Manatee, Miami-Dade, Monroe, Pasco, Pinellas and Polk) in 2010. During the budget conferences, the Senate refused to concur with the House and the plans for expansion were removed from the bill. Another item of interest in the bill is a provision that creates s. 409.91205, F.S., allowing the Governor, the President of the Senate, and the Speaker of the House of Representatives to convene workgroups to propose alternatives for cost-effective health and long-term care reforms, including, but not iimited to, reforms for Medicaid. 7 PUBLIC SAFETY Florida Public Safety Coordinating Commission Prior to session, key members were invited to participate in preliminary discussions for the creation of the Florida Public Safety Coordinating Commission. The first formal meeting of the invited stakeholders will take place at FAC's Annual Conference in Miami-Dade County. 8 SECTION II LEGISLATION FAC WAS SUCCESSFUL IN PASSING LEGISLATION FAC WAS SUCCESSFUL IN PASSING GROWTH MANAGEMENT. ENVIRONMENTAL PLANNING & AGRICULTURE Onsite Wastewater Treatment CS/SB 1318 by Sen. Gaetz (CS/HB 567 by Rep. Poppell) FAC, along with the League of Cities and the Florida Water Environment Association Utility Councii, was successful in passing this bill, which adds a local government representative knowledgeable in domestic wastewater treatment to two technical groups within the Department of Health (DOH): the Research Review and Advisory Committee, and the Technical Review and Advisory Panel. Local governments were previously not represented on these groups which make policy recommendations to DOH regarding onsite wastewater treatment. This is an important issue for local governments, due to considerable state and federal water quality mandates. Local governments must consider the cost of implementing these mandates, as well as the wastewater needs of a given community, since central sewer is not always financially feasible. Where on site wastewater treatment is the only option, water quality considerations must be balanced with the ability of homeowners to pay for wastewater treatment systems. Because local governments must constantly address these difficult issues, they should have a voice on any advisory group that makes policy recommendations regarding onsite wastewater treatment. Effective Date: 07/01/08. HEALTH & HUMAN SERVICES Health Insurance Claims Payments CS/CS/SB 1012 by Sen. Gaetz (CS/CS/HB 405 by Rep. Galvano) The bill requires insurers who contract with preferred providers to make payments directly to the provider for services rendered, and adds ambulance providers to the group of providers for which an insurance contract may not prohibit direct payment. Patients will be able to assign health care benefits to an ambulance provider; thereby, requiring the health insurance company to reimburse the provider directly. The bill authorizes the Office of Insurance Regulation (OIR) to waive the requirement that a multiple employer welfare arrangement maintain its principal place of business in this state if the arrangement meets certain specified conditions and has a minimum specified fund balance at the time of licensure. The bill requires health maintenance organization (HMO) claim forms to allow for the assignment of benefits from the insured to any contracted hospital, ambulance provider, physician or dentist if any benefits are due to the subscriber for covered services under the terms of the agreement between the subscriber and the HMO. With a few exceptions already provided for in law, the bill limits the HMO's payment to the provider to the amount that the insurer would otherwise have paid without the assignment. The bill provides an exception to the 3D-month claim period for insurer and HMO overpayments, applicable to services by physicians, chiropractors, podiatrists and lO dentists. All health insurer or HMO contract claims for such overpayments must be submitted within 12 months after payment of the claim, with certain exceptions. The bill requires such providers to submit underpayment claims within 12 months after payment of the claim. The following table is an example of the impact this legislation has on some of the counties surveyed: Example Impact of Direct Pay Issue on Counties County Gilchrist Gulf Walton Union Sumter Columbia Sl. Johns lake Vol usia Citrus Hillsborough Escambia Collier Marion Pinellas Brevard, Broward, Charlotte, Hardee, Hendry, Highlands, lee, leon, Miami- Dade, Monroe, Okaloosa, Orange, Osceola, Palm Beach, Polk, Sarasota, and Seminole Alachua Bradford Gadsden indian River Putnam Aaencv Gilchrist County EMS Gulf County EMS Walton County EMS Union County EMS lake-Sumter EMS Columbia County EMS Sl. Johns County Fire/Rescue lake-Sumter EMS EVAC Ambulance Nature Coast EMS Hillsborough County Fire/Rescue Escambia County EMS Collier County EMS EMSA Pinellas County EMS Authority Miscellaneous AnnuallmDact 20,000 31,135 44,200 58,000 63,250 80,000 132,868 211,750 250,000 479,000 690,794 815,000 878,000 1,100,000 1,500.000 6,100,000 716,000 No real impact 48,000 208,000 33,000 Total 13,458,997 'These are responses of 37 counties. The impact extends to all 67 Counties. *'*Survey taken and responses compiled by the Florida Ambulance Association. Effective Date: 11/01/08. II % Decrease in $ Collected N/A 40% 25% 38% 23% 20% 25% 23% 25% 36% 47% 18% 37% 16% N/A 18% 27.93% PUBLIC SAFETY Suspension VS. Termination of Medicaid Benefits for Incarcerated SB 1456 by Sen. Wilson (CS/HB 525 Rep. Roberson) Federal law permits states to decide whether inmates should have their entitlement benefits suspended or terminated upon incarceration. SB 1456 adopts the policy that inmates remain enrolled in Medicare or Medicaid on a "suspended" status if they are incarcerated for less than a year. The application process to receive entitlement benefits takes a minimum of 90 days to qualify through local, state and federal government efforts. Suspending versus terminating eligibility would eliminate the bureaucracy and duplicative paperwork for those who come into our jails and prisons for a period of less than a year and stop the unnecessary "gap" that currently exists between being released and actually receiving benefits once again. This breakdown in the continuum of care creates a cycle of inefficient government spending. During the minimum 90 day interim, former inmates go off their medication because they cannot afford it and are more likely to reoffend - which is one of the primary reasons we see so many "frequent flyers" in our criminal justice system who have mental health and substance abuse problems. By suspending versus terminating the inmate's eligibility we can ensure that upon release he/she is immediately covered under the same benefits as prior to incarceration. The passage of this legislation was a huge success for FAC, and if the Governor signs the legislation into law, it will promote a continuum of services that statistically has been proven to reduce recidivism, thus reducing the tax dollars needed for corrections at the state and local level. Effective Date: 07/01/08. 12 SECTION III LEGISLATION FAC WAS SUCCESSFUL IN DEFEATING LEGISLATION FAC WAS SUCCESSFUL IN DEFEATING FINANCE. TRANSPORTATION & ADMINISTRATION Clerk of Courts CS/HB 399 by Rep. Grant (CS/SB 640 by Sen. Oelrich) Both the House and Senate versions of this highly debated bill died at the end of session. The proposal stems from litigation between the Collier County Clerk of Court and the Collier County Board of County Commissioners (Brock v. Collier), which resulted in a ruling in favor of the County Commission. Specifically, this case ciarified that the Clerk of Court has neither the authority nor the duty to prepare and certify the County's financial statements, unless this task is delegated to it by the Board of County Commissioners. As filed, HB 399 would have nullified this ruling and provided additional audit authority to the County Clerk as it relates to financial statements of the County Commission. FAC opposed HB 399 throughout the legislative session, stressing that it would have overturned extensive case law on the subject. Among the bill's provisions, it would have granted the County Clerk the unusual authority to perform both pre and post- auditing functions. Currently, post-audit functions are performed by the State's Auditor General or by a private independent Certified Public Accountant. It should be noted that the Auditor General's office, who did not take a position on the bill, supported FAC's position that expanding the audit authority of County Clerks to perform both pre- and post-audit functions would be unusual in current local government practices. Collective Bargaining HB 493 by Rep. Grant (SB 1306 by Sen. Saunders) This legislation specified that the Board of County Commissioners is the legislative body in impasse proceedings between the sheriff and his/her public employees. This legislation has been filed for the past several years. This year, it was referred to two committees but it was never heard. It has been opposed by the Florida Sheriff's Association as well as FAC. Household Moving Services SB 530 by Sen. Saunders (HB 611 by Rep. Nehr) This bill would have removed provisions requiring movers and moving brokers to obtain a local registration where required. The bill also would have preempted local authority relating to movers. Property Tax Reform Presumption of Correctness CS/HB 1283 by Rep. Cannon (SB 678 by Sen. Fasano) The bill would have provided that the property appraiser has the burden of proving that the assessment was arrived at by complying with the appraisal criteria in Ch. 194, F.S. 14 It further would have provided that the taxpayer has the burden of proving by a preponderance of evidence that the assessment exceeds just value. Property Tax Limitation - 1.35% Plan HB 949 by Rep. Lopez-Cantera (SB 2190 by Sen. Bennett) The proposed constitutional amendment would have limited the amount of ad valorem taxes collected by local governments on any parcel of real property. Each entity would have been authorized to continue levying a property tax, but the combined amount of property taxes collected on an individual parcel of property could not exceed 1.35 percent or 13.5 mills. Super Homestead Exemption CS/HB 421 by Rep. Simmons The proposed constitutional amendment would have entitled all homestead properties to an additional homestead exemption equal to 40% of the homestead's just value between $75,000 and $500,000. Public Construction and Transportation CS/HB 683 by Rep. Weatherford (CS/SB 2148 by Sen. Haridopolos) This bill would have placed significant limitations on counties who use their own workforce for public construction projects. Specifically, the bill would have required counties and cities that need to conduct repair and maintenance on public buildings in excess of $280,000 to competitively award such work to a licensed contractor, rather than using in-house personnel. The bill also affected road construction projects in that a county could only use its work force for road projects that (1) did not exceed $250,000 per project (excluding material costs), and (2) did not exceed one mile in length. Finally, the bill would have precluded local governments from owning and operating an asphalt plant. After intensive lobbying from FAC, its member counties, and the Florida League of Cities, the original bill was stripped of nearly all its provisions, except the limitation on local governments owning asphalt plants; however, even with this provision, a limited grandfathering provision was included that allows one Florida county to operate its new plant. Public Testimony at Public Meetings "Vox Populi - Voice of the People Act" CS/HB 991 by Rep. Hukill (SB 2276 by Sen. Lynn) This proposed legislation passed out of the House but never made it out of the Senate Community Affairs Committee. HB 991 would have created the "Vox Populi - Voice of the People Act." The purpose of the act was to prescribe uniform requirements with respect to opportunities for citizen input and participation at official meetings of governing bodies of local government authorities. "Local government authority" was defined as a regional, county, or municipal governmental entity, special district, community college district, or school district, or any elected or appointed political subdivision. The act would have applied to all meetings of local governing bodies, whether designated as a regular meeting, special meeting, or emergency meeting, not otherwise exempt from public meeting requirements. Prior to the legislation passing out of the House, Rep. Hukill amended the bill to include an optional exemption from 15 requirements as long as the local government had adopted a written policy relating to the issues addressed in the legislation by Oct. 1, 2008. Revenue Limitations HB 715 by Rep. Flores (SB 2412 by Sen. Haridopolos) The bill would have required local governments to make changes to taxes, special assessments, non-ad valorem assessments or impact fees by a supermajority vote. Transient Rentals Tax and Tourist Development Tax HB 7147 by the Government Efficiency & Accountability Council and Rep. Attkisson (CS/SB 2788 by Sen. Haridopolos) The bill would have exempted timeshares and online travel companies from paying the required sales tax on a portion of all their reservations, costing the state and local governments millions of dollars annually. Despite unrelenting attempts to pass this legislation, it eventually failed. GROWTH. ENVIRONMENTAL PLANNING & AGRICULTURE Agriculture CS/CS/HB 761 by Rep. Pickens (CS/SB 1376 and CS/SB 2060 by Sen. Dean) HB 761 by Rep. Pickens, and SBs 1376 and 2060 by Sen. Dean each contained preemptions of county environmental regulations, as well as stormwater assessments and fees, relating to certain agricultural parcels. These bills were based on the concept that agricultural operators implementing best management practices (BMPs) should not have to contribute to the local government stormwater system. Typically, where BMPs result in an operator completely or partially containing stormwater runoff, a cornplete or partial credit is given to the operator. No examples of abuse of assessments or fees were shown. The preemption was presented as a way to reduce duplicative regulation, although local regulations are typically stricter than state standards, and are thus not duplicative. Earlier versions of the bills also contained a prohibition regarding impact fees, but that was removed as the bills progressed. Due to the hard work of FAC, several individual counties, and environrnental groups none of these bills passed. While compromise stormwater language was amended onto HB 197 by Rep. Kendrick, that bill did not pass either. Bert Harris Act HB 881 by Rep. Precourt (SB 1578 by Sen. Baker) Originally, the Bert Harris Act was enacted to protect private property rights by granting property owners the right to judicially seek compensation for governmental acts that inordinately burden the expectation-backed value of the property. A property owner could be awarded money damages when an official action was less than a taking, requiring compensation under the constitution, but negatively altered the owner's economic expectations for the property. This bill initially reduced timelines under the Act, lengthened the statute of limitations, provided that a rnoratorium longer than one year is no longer considered temporary so that it would have been actionable as an inordinate burden, and appeared to narrow the scope of sovereign immunity under the 16 Act. This bill had the potential to create a significant financial burden for local governments at the worst possible time, and would have encouraged land development regulations to be rushed through in order to avoid legal liability, which would have created an entirely new set of problems. The shortening of timelines under the Act would have made it difficult for local governments to resolve Bert Harris disputes informally, which would easily have resulted in needless and costly litigation. The House bill was amended to provide that a moratorium longer than one year may not be temporary, although it would still have been a case-by-case judicial determination. Another amendment would have clarified that the length of time since passage of a local government ordinance is a factor in determining inordinate burden. In other words, property owners should not be able to sit on their rights for an extended period of time, only to sue the local government when they are ready to develop. The bill was also amended to clarify the sovereign immunity language so that local governments would not be liable for permitting decisions. Additionally, the statute of limitations was restored to its original two years. However, neither bill passed. Fertilizer CS/HB 1267 by Rep. Nelson (CS/SB 2352 by Sen. Aronberg) These bills were problematic because they did not implement the Consumer Fertilizer Task Force recommendations. Instead, they mandated that all local governments pass a fertilizer ordinance, and then preempted local authority to determine what goes into the ordinance. Local governments would have been required to implement the model ordinance drafted by the task force unless they had a specific water quality problem, such as a total maximum daily load (TMDL) requirement or an impaired water body, to go outside the model. Otherwise, ordinances would have needed approval by the Environmental Regulations Commission (ERC) within the Department of Environmental Protection (DEP). State agencies and local governments are two distinct entities with different mechanisms for accountability in place. This bill blurred the line between the two. This kind of approach to local regulation could easily have created an unmanageable workload for the ERC, and would have made it difficult for local governments to timely pass ordinances relating to environmental protection. Later versions of the bill removed this requirement, but still required local governments to consult with three state agencies - DEP, the Department of Agriculture and Consumer Services (DACS), and the University of Florida Institute of Food and Agricultural Sciences (IFAS) - prior to passing an ordinance. HEALTH & HUMAN SERVICES Emergency Medical Services HB 841 by Rep. Weatherford (SB 1272 by Sen. Fasano) This bill would have provided that paramedics and emergency medical technicians could perform certain activities in emergency departments of licensed hospitals under certain conditions and required verification and documentation of their qualifications to 17 do so. FAC had concerns with the liability implications for paramedics who are county employees. Local Government Early Responders SB 2432 by Sen. Bennett This bill would have prohibited counties and municipalities from charging fees or seeking reimbursement for any costs or expenses that may be incurred involving the use of police, fire, and other emergency responder services, personnel, supplies, motor vehicles, or equipment in responding to a motor vehicle accident, fire, or other emergency. PUBLIC SAFETY Juvenile Justice Reform CS/CS/HB 273 by Rep. Adams (CS/SB 640 by Sen. Baker) FAC opposed this controversial bill and was supported in its position by the Children's Campaign, the Public Defender's Association, and several individuals who served on the Blueprint Commission. FAC's concerns with the bill centered primarily on two issues: its reliance on using secure detention facilities and its underutilization of proper juvenile assessments. FAC concluded that this approach would have undesired results. First, as revealed by the Blueprint Commission, increasing the use of secure detention across the board does not lower crime and, in some cases, may have the opposite effect. Second, the Commission also concluded that the key to a successful juvenile justice system is a prompt, accurate assessment of the youth followed by a proper placement of the juvenile based on that assessment. Through multiple assessments, it was determined that secure detention facilities are improperly utilized, since 40% of the juveniles who enter are released back on the streets within 24 hours. HB 273 did not accomplish either of these. Although the bill died in Senate messages, FAC anticipates it will be filed again next year. 18 SECTION IV BUDGET SUMMARY General Appropriations Act HB 5001 by the Policy and Budget Council (5B 2900 by the Fiscal Policy & Calendar Committee) The General Appropriations Act for State Fiscal Year (SFY) 08-09 totals $66.2, billion, a decrease of $5.7 billion from last year. General Revenue expenditures were $25.6 billion and Trust Funds totaled $40.6 billion. Health and Human Services comprised the largest section of the budget at $23.4 billion, a decrease of almost 4% from last year. Education was the second largest budget expenditure with $19.5 billion, a decrease of almost 20%. Natural Resources, Growth Management and Transportation were the next largest expenditure areas at $12.1 billion, a $1.2 billion decrease from last year's already reduced budget. The remaining budget areas were funded at the following amounts: General Government expenditures at $4.7 billion, Criminal Justice and Corrections at $4.5 billion, and the Judicial Branch at $0.4 billion. General Appropriations Act Implementing Bill HB 5003 by the Policy and Budget Council (5B 2902 by the Fiscal Policy & Calendar Committee) The Appropriations Implementing bill makes certain changes to substantive law in order to implement the General Appropriations Act for SFY 08-09. These provisions only are in effect for SFY 08-09. Specific provisions of the bill that may impact counties include: Section 3 - Authorizes the Department of Children and Families to allocate funds appropriated for forensic mental health treatment services to the areas of the state with the greatest service demand and capacity. Section 4 - Requires that the Department of Children and Family Services ensure that all public and private agencies and institutions participating in child welfare cases enter specified information into the Florida Safe Families Network, the department's child- welfare case management system. The department shall coordinate with the courts and guardian ad litems to provide access to the information, and shall submit a report to the Legislature and Governor by February 1, 2009. Section 6 - Requires the Agency for Health Care Administration to study the effects of the minimum nursing home staffing ratios found in s. 400.23(3), F.S., and the relationship to Medicaid reimbursement and the quality of care provided to residents. The agency shall report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives by February 1, 2009. Until July 1, 2009, the agency shall not impose sanctions against a nursing home for failure to meet the staffing ratios in s. 400.23(3), F.S., or failure to impose a moratorium on new admissions pursuant to s. 400.141 (15)(d), F.S., as long as the certified nursing assistant ratio is not below 2.6 hours per resident per day and the licensed nurse ratio is not below 1.0 hours per resident per day. 20 Section 7 - Provides that the Department of Corrections and the Department of Juvenile Justice may expend appropriated funds to assist in defraying the costs of impacts that are incurred by a municipality or county and associated with opening or operating a facility under the authority of the respective department which is located within that municipality or county. The amount that is to be paid under this section for any facility may not exceed 1 % of the facility construction cost, less building impact fees imposed by the municipality or by the county if the facility is located in the unincorporated portion of the county. Section 25 - Provides direction to the Department of Revenue on how to distribute the appropriation to offset the reductions in ad valorem tax revenue experienced by fiscally constrained counties which occur as a direct result of Amendment 1. The appropriated funds shall be distributed in January of 2009 among the fiscally constrained counties based on each county's proportion of the total reduction in ad valorem tax revenue resulting from the implementation of the revision. On or before November 15, 2008, each fiscally constrained county must apply to the Department of Revenue to participate in the distribution of the appropriation and provide documentation supporting the county's estimated reduction in ad valorem tax revenue. The documentation must include an estimate of the reduction in taxable value directly attributable to the constitutional revisions for all county taxing jurisdictions within the county and shall be prepared by the property appraiser in each fiscally constrained county. The documentation must also include the county millage rates applicable in all such jurisdictions for both the current year and the prior year; rolled-back rates, determined as provided in s. 200.065, F.S., for each county taxing jurisdiction; and maximum millage rates that could have been levied by majority vote pursuant to s. 200.185, F.S. Each fiscally constrained county's reduction in ad valorem tax revenue shall be calculated as 95% of the estimated reduction in taxable value times the 2007 applicable millage rate. Section 28 - Authorizes the Department of Financial Services to expend $998,820 of the funds appropriated by section 4 of chapter 2006-12, Laws of Florida, for salaries and related expenses of the My Florida Safe Home (hurricane mitigation) program. Section 29 - Specifies how the $10 million of the Florida Hurricane Catastrophe Fund is to be appropriated. (See endnote 8 at the conclusion of this section.) Section 31 - Provides that the Department of Transportation shall transfer funds to the Office of Tourism, Trade, and Economic Development in an amount equal to $36,750,000 for the purpose of funding economic development transportation projects. Requires the department to provide specified funds for certain road and bridge projects specified in the 2008-2009 General Appropriations Act. Provides that the transfer of funds for economic development and the requirement to spend certain funds on specific projects shall not reduce, delete, or defer any existing projects funded, as of July 1, 2008, in the DOT's 5-year work program. Also provides that funding for the specified projects shall not negatively impact safety, preservation, maintenance, or project contingency levels as of July 1, 2008. 21 Section 32 - Requires that the amount transferred from the Operating Trust Fund to the Grants and Donations Trust Fund of the Department of Community Affairs shall be used for the regional planning councils, civil legal assistance, and the Front Porch Florida Initiative. Section 33 - Authorizes funds in the Department of Transportation's State Transportation Trust Fund to be used to pay administrative expenses incurred in accordance with appiicable laws for a multicounty transportation or expressway authority created under Ch. 343 or Ch. 348, F.S., where jurisdiction for the authority includes a portion of the State Highway System and the administrative expenses are in furtherance of the duties and responsibiiities of the authority in the development of improvements to the State Highway System. Sections 34 - Provides that moneys in the Internal Improvement Trust Fund are authorized for grants and aids to local governments for the drinking water facility construction state revolving loan program. Sections 35-37- Provides that the total amount of tax credit which may be granted for all Community Contribution Tax Credit programs is $13 million annually for projects that provide homeownership opportunities for low-income or very low-income households and $3.5 million annually for all other projects. Section 38 - Requires the Department of Environmental Protection to award $9,428,773 of grant funds equally to counties having populations of fewer than 100,000 for waste tire, iitter prevention, recycling and education, and general solid waste programs. It also authorizes the sum of $2,000,781 to be used for the Innovative Grant Program. Section 41 - Provides that the $5,000,000 for alternative water suppiy shall be allocated as shown in the General Appropriations Act. Section 42 - Provides that moneys in the Water Protection and Sustainability Program Trust Fund shall be transferred to the Ecosystem Management and Restoration Trust Fund for grants and aids to local governments for water projects as provided in the General Appropriations Act. Section 43 - Provides that moneys in the Land Acquisition Trust Fund are authorized for transfer to the Ecosystem Management and Restoration Trust Fund for grants and aids to local governments for water projects as provided in the General Appropriations Act. Section 44 - Extends for another year the authorization that the state may remove and clean the incidental petroleum discovered during routine removal and replacement of underground petroleum tanks at a site that is a low score site on the DEP's petroleum clean-up list and that will become inaccessible for future remediation due to road infrastructure and right-of-way restrictions resulting from a pending Department of Transportation road construction project or for secondary containment upgrading of underground storage tanks required under Ch. 62-761, Florida Administrative Code. 22 Section 56 - Provides that, except as otherwise expressly provided in this act, this act shall take effect July 1, 2008; or, if this act fails to become a law until after that date, it shall take effect upon becoming a law and shall operate retroactively to July 1, 2008. 23 2008-09 General Appropriations Act General Government Department of Agriculture Mosquito Control Program Small County Technical Assistance Program Department of Transportation County Incentive Grant Program Small County Outreach Program Small County Road Assistance Program Transportation Regional Incentive Program Transportation Disadvantaged Transportation Disadvantaged-Medicaid Department of Management Services Wireless 911 Telephone Systems Department of Revenue Emergency Distribution (Small County Kicker) Supplemental Distribution (Inmate Population) Department of State Voter System Assistance - HAVA Statewide Voter Registration System-HAVA Special Election Reimbursement Poll Worker Recruitment & Training & Voter Education Library Grants Library Cooperative Grants Library Construction Historic Museum Grants Historic Preservation Grants Acquisition & Restoration/Historic Properties Cultural Institutions Grant & Aid Cultural Facilities Program FY 07-08 $ 2.166M $ 350,000 FY 07-08 $ 34.9 M $ 47.4 M $ 25.3 M $230M $ 40.4 M FY 07-08 $ 52.7 M FY 07-08 $18.1 M $ 592,958 FY 07-08 $ 525,000 $ 2.5 M $ 200,000 $2M $ 35.6 M $ 2.4 M $ 5.0 M $1.75 M $ 2.2 M $ 3.5 M $ 6.5 M $0 Executive Office of the Governor / OTTED FY 07-08 Rural Infrastructure Trust Fund $ 2.7 M Rural Community Development $ 1.3 M Economic Development Transportation Projects $ 31.4 M 24 FY 08-09 $ 2.166 M1 $0 FY 08-09 $ 43.5 M2 $ 43.1 M $ 25.0 M $183 M $ 40.4 M $ 72.93 M3 FY 08-09 $ 57.4 M FY 08-09 $18.2 M $ 592,958 FY 08-09 $ 525,000 $ 3.1 M $ 838,085 $ 3 M $ 29.5 M $1.5 M $0 $ 500,000 $ 685,870 $0 $ 5.8 M $0 FY 08-09 $ 4.7 M4 $1.3 M5 $ 36.75 M Community & Economic Development Department of Community Affairs Affordable Housing (SHIP) State Apartment Incentive loan (SAil) Extremely low Income Housing Homeless Programs Impact Fee Reduction Incentives Community Development Block Grants (CDBG) $ 35 M Community Services Block Grants $ 17.9 M Technical Assistance $ 5 M Regional Planning Councils (RPCs) $ 3.7 M Century Commission Division of Emergency Management Emergency Management Preparedness Assistance (EMPA) Emergency Mgt. Performance Grant Statewide Shelter Retrofit Program Hurricane loss Mitigation Program Pre Disaster Mitigation Programs Repetitive Flood Claims Program Severe Repetitive loss Pilot Program Pre Disaster Mitigation Planning Flood Mitigation Assistance Program (FMAP) FY 07-08 $167.1M FY 07-08 $ 8.4 M $3 M $ 6.9 M Natural Resources & Management Department of Environmental Protection Florida Forever Payments-in-lieu-of taxes (Pll T) Florida Recreation Development Asst (FRDAP) Total Maximum Daily loads (TMDls) Wastewater Treatment Facility Revolving loan Drinking Water Facility Revolving loan Non-Point Source Mgmt Planning Grants Beach Renourishment & Restoration Everglades Restoration/Northern Everglades & Estuaries Protection Program Statewide Restoration Projects-Water Projects Small County Wastewater Treatment Grants Alternative Water Supply 25 FY 07-08 $ 300 M $ 1.36 M $ 33.165 M $ 21.429 M $ 91 M $ 70.145 M $ 23.5 M $ 30.566 M $200M $ 153.35 M $ 20.3 M $ 60 M FY 08-09 $166.1 M $ 72.5 M $ 5.0 M $ 5.9 M $ 20 M6 $ 35 M $ 17.8 $ 1.1 M7 $ 2.4 M $ 250,000 FY 08-09 $ 7.0 M $ 9.1 M $0 $ 2.8 M8 $ 3 M $ 8 M $ 3.9 M $ 3.6 M FY 08-09 $ 300 M $1.36 M $ 24.474 M $ 18.929 M $117.77M $ 64.69 M $ 19.9 M $ 21.935 M $ 50 M $ 66.5 M9 $21 M $ 7.7 M Fish and Wildlife Conservation Commission FY 07-08 Derelict Vessel Removal $ 1.85 M* FY 08-09 $1.5 M . This line item was vetoed by the Governor. Criminal Justice and State Court System State Courts FY 07-08 FY 08-09 Small County Courthouse Facilities $ 8.0 M $0 Supreme Court - Salaries & Benefits $ 7.8 M $ 7.6 M Supreme Court - Executive Direction & Support $ 21.2 M $ 19.3 M Court Operations - Combined Total $ 446.3 M $ 408.5 M FY 07-08 FY 08-09 Appellate $ 52.2 M $40 M Circuit $ 315.6 M $ 293.1 M County $ 78.5 $ 75.4 M Justice Administration Commission $ 101.5 M $ 82.9 M Statewide Guardian Ad Litem Office $ 35.8 M $ 33.2 M Regional Conflict Counsels - for facilities, $0 office space and work area needs State Attorneys and Public Defenders See below See below State Attornevs' Budaets tin Millions) Public Defenders' Budaets tin Millions) Judicial Counties within Circuit 2007-08 2008-09 Differential % 2007-08 2008-09 Differential % Circuit Change Change 1. Escambia, Okaloosa, $15.0 $14.7 ($0.3) -2.00% $8.7 $7.8 ($0.9) -10.34% Santa Rosa, Walton 2. Franklin, Gadsden, $8.7 $8.1 ($0.6) .6.90% $5.8 $5.4 ($0.4) -6.90% Jefferson, Leon, liberty, Wakulla 3. Columbia, Dixie, Hamilton $50 $4.6 ($0.4) -8.00% $2.7 $2.5 ($0.2) -7.41% Lafayette, Madison, Suwannee, Taylor 4. Clay, Duval, Nassau $24.6 $23.5 ($1.1) -4.47% $11.3 $10.6 ($0.7) -6.19% 5. Citrus, Hernando, Lake $15.3 $14.3 ($1.0) -6.54% $7.3 $6.8 ($0.5) -6.85% Marion, Sumter 6. Pasco, Pinellas $31.9 $31.0 ($0.9) -2.82% $16.2 $14.8 ($1.4) -8.64% 7. Flagler, Putnam, St. Johns, $17.1 $15.9 ($1.2) -7.02% $8.0 $7.4 ($0.6) -7.50% Volusia 8. Alachua, Baker, Bradford $9.3 $8.7 ($0.6) -6.45% $5.4 $5.0 ($0.4) -7.41% Gilchrist, Levy 9. Orange, Osceola $22.9 $21.2 ($1.7) -7.42% $15.5 $14.2 ($1.3) -8.39% 10. Hardee, Highland, Polk $14.5 $13.5 ($1.0) -6.90% $8.4 $75 ($0.9) -10.71% 11. Miami-Dade $80.1 $77.0 ($3.1) -3.87% $29.2 $26.2 ($3.0) -10.27% 26 12. DeSoto, Manatee, Sarasota $12.4 $11.4 ($1.0) -6.06% $6.8 $6.1 ($0.7) -10.29% 13. Hillsborough $23.3 $22.0 ($1.3) .5.58% $14.9 $15.5 $0.6 4.03% 14. Bay, Calhoun, Gulf, Holmes, $8.5 $7.8 ($0.7) -6.24% $4.8 $4.4 ($0.4) -8,33% Jackson, Washington 15. Palm Beach $23.0 $21.9 ($1.1) -4.78% $14.5 $12.9 ($1.6) -11.03% 16. Monroe $4.6 $4.4 ($0.2) -4,35% $3.0 $2.8 ($0.2) -6.67% 17. Broward $34.5 $33.2 ($1.3) -3.77% $17.2 $16.9 ($0.3) -1.74% 18. Brevard, Seminole $19.4 $18.0 ($1.4) -7.22% $9.0 $8.5 ($0.5) -5.56% 19. Indian River, Martin $11.2 $10.8 ($0.4) -3.57% $6.0 $5.7 ($0.3) -5.00% Okeechobee, St. Lucie 20. Charlotte, Collier, Glades $19.8 $18.5 ($1.3) -6.57% $9.5 $9.6 $0.1 1.05% Hendry, Lee TOTAL $401.1 $380.5 ($20.6) -5.14% $204.2 $190.6 ($13.6) -6.66% Department of Juvenile Justice County Predisposition Detention Costs Small County Grants I Detention Cost Shift Department of Corrections Criminal Justice, Substance Abuse and Mental Health Reinvestment Program FY 07-08 $ 101.6 M $ 6.3 M FY 08-09 $106.1 M $ 6.5 M FY 07-08 $ 3.8 M FY 08-09 $ 4.0 M Health & Human Services Health Care Services Agency for Health Care Administration Florida Healthy Kids Corporation Florida Kidcare Program Medicaid Patient Transportation FY 07-08 $ 249.4 M $418.8M $123.1 M FY08-09 $ 274.0 M10 $ 471.95 M $ 120.5 M 27 Alcohol. Drua Abuse & Mental Health Children & Adolescent Substance Abuse Children's Mental Health Services Adult Community Mental Health Services Baker Act Services Children's Baker Act Grants Community Substance Abuse Services $ 74.2 M $42 M $ 248.4 M $ 62.3 M $ 14.7 M $ 128.8 M Economic Self-Sufficiencv Services Department of Children &Families Financial Assistance Payments - Cash FY 07-08 $ 155.5 M Economic I Workforce Development Agency for Workforce Innovation Regional Workforce Boards Partnership for School Readiness FY 07-08 $ 231.9 M $ 658.2 M Elder Affairs Department of Elder Affairs Community Care for the Elderly Older American Act Program Senior Citizen Centers FY 07-08 $ 54.6 M $ 97.1 M Statewide Health Proaram Department of Health Rural Health Services Rural Hospital Financial Assistance Program Rural Hospital Capital Improvement Grants Primary Care Challenge Grants Emergency Medical Services County Grants Emergency Medical Services Matching Grants County Health Department Primary Care School Health Services NOTES FY 07-08 $ 76 M $12.72 M $3M $ 309,300 $ 6.2 M $ 4.7 M $ 270.6 M $ 37.1 M $ 22.3 M $ 73.67 M $ 43.5 M11 $ 294.2 M $ 62.3 M12 $14.2 M $ 125.0 M FY 08-09 $ 170.6 M FY 08-09 $ 233.2 M13 $ 645.95 M14 FY 08-09 $ 54.6 M $ 97.1 M $10 M15 FY 08-09 $82.1 M $13.0 M $3 M $ 2.1 M $ 6.2 M $ 4.7 M $ 288.80 M16 $ 36.3 M $ 20.6 M 1 From the funds provided for mosquito control, $250,000 from the General Inspection Trust Fund shall be used for research into practical methods of control to be used by local mosquito control agencies. The research shall be conducted by the Institute of Food and Agricultural Sciences (IFAS)/Florida Medical Entomology Laboratory and the Florida Agriculture and Mechanical University (FAMU)/Mulrennan Research Laboratory. 28 2 From these funds, $10,000,000 in non-recurring funds from the State Transportation Trust Fund is provided for an infrastructure pilot program to assist counties and school districts with infrastructure issues. Counties that have at least a 3.75 percent average enrollment growth for the last 5 years in school are eligible to participate in this pilot program. Counties that receive funds under this pilot program shall submit a report, by the end of the fiscal year or upon completion of the project, to the Department of Transportation and the Department of Community Affairs describing in detail the infrastructure issues addressed through this pilot program. The departments of Transportation and Community Affairs shall review the reports from the counties and submit their findings and recommendations to the Legislature regarding the effectiveness of this infrastructure pilot program. 3 Authority is given to spend up to $73 M from the Medicaid Patient Transportation line item, but the actual allocation will be based on contract negotiations with AHCA. 4 This increase is consistent with FAC's policy statement to ensure this program is funded for at least $4 M. 5 Up to $200,000 shall be used by the Rural Economic Development Initiative to assist local governments in rural areas of critical economic concern with planning and technical assistance. 6 These funds shall be used for homeownership assistance in counties and municipalities who have reduced impact fees within the 12 months prior to the effective date of SFY OB-09, or who reduce impact fees subsequent to the effective date of this act, by a minimum of 25% for a period not less than 1B months, or who impose no impact fees entirely for homeownership purposes. 7 From these funds, the department shall provide technical assistance to the city of North Port in developing a comprehensive plan to address the issues created by the large number of antiquated or platted lots within and adjacent to the city's borders. The plan should address, among other things, ways to implement appropriate growth management strategies in the future development of the lots and methods to alleviate any negative environmental impact potentially caused by lack of sewage lines. (Should this proviso language get vetoed by the Governor, these funds will become available to provide technical assistance elsewhere.) 8 For FY OB-09, $6.4 M from the Hurricane Catastrophe Fund shall be used for the installation of generators at designated special need shelter sites pursuant to Ch. 2006-71, Laws of Florida. Additionally, $2.8 M from the Hurricane Catastrophe Fund shall be distributed directly to Tallahassee Community College for the use as set forth in section 215.559(3)(a). F.S., and $700,000 shall be used for Hurricane and Mitigation Research at Florida International University in section 215.559(4), F.S. 9 Local governments receiving funds for water projects shall provide matching dollars as follows: a) 25 percent for wastewater projects; b) 50 percent for stormwater and suliace water restoration projects; and c) 50 percent for drinking water projects. Financially disadvantaged small local governments, as defined in section 403.885(3), F.S, shall be exempt from the match provision of this section. Local governmental entities that have been declared in a state of financial emergency pursuant to section 218.503, F.S., shall be exempt from the match provision. 10 This appropriation amount is included in the KidCare Program line item as well. Funds are provided to contract with the Florida Healthy Kids Corporation to provide comprehensive health insurance coverage, including dental services, to Title XXI children eligible under the Florida KidCare Program and pursuant to section 624.91, F.S. The corporation shall use local funds to serve non-Title XXI children that are eligible for the program pursuant to section 624.91 (3)(b), F.S. The corporation shall return unspent local funds collected in Fiscal Year 2007-2008 to provide premium assistance for non-Title XXI eligible children based on a formula developed by the corporation. These grant funds reftect a reduction of $4,840,546 from the General Revenue Fund and $10,664.086 from the Medical Care Trust Fund as a result of freezing reimbursement rates to the rates in effect on September 30,2008 for health plans contracting with the Florida Healthy Kids Corporation serving Title XXI eligible children. The corporation shall amend its contracts, effective October 1,2008 to achieve the reduction. 11 In addition to existing projects, the following projects are funded from non-recurring general revenue funds: $200.000 for Manatee Children's Community Action Team (CAT Team) and $90,000 Emergency 30 Sed Children's Crisis Unit - Indian River, Martin, Okeechobee, S1. Lucie counties. 12 This budget total does not reflect an additional line item of $550,000 in non~recurring general revenue funds provided for the Outpatient Baker Act Pilot Program to serve Escambia, Santa Rosa, Okaloosa, and Walton counties. 29 13 Funds provided from the Welfare Transition Trust Fund ($81.0 M) shall be allocated for workforce services based on a plan approved by Workforce Florida, Inc. The plan shall identify funds provided for state-level and discretionary initiatives, and shall maximize funds distributed directly to the Regional Workforce Boards. The plan shall provide for equitable distribution of funds to the boards based on anticipated client caseload and the achievement of performance standards. Copies of the proposed allocation shall be provided to the chair of the Senate Fiscal Policy and Calendar Committee and the chairs of the House Policy and Budget Council and House Economic Expansion and Infrastructure Council. From the Welfare Transition Trust Fund, $2 M is provided to continue the Passport to Economic Progress programs in Hillsborough, Manatee, and Sarasota counties. Other funds provided to the Regional Workforce Boards may be used for Passport to Economic Progress programs in other counties. Funds from the Special Employment Security Administration Trust Fund ($150.9 M) shall be used to provide services focused on retention and retraining of skilled talent in the space industry and shall include workforce skills analysis, training, and placement services, and may include communications efforts. Workforce Florida, Inc. shall develop a plan to implement this program. The plan shall be provided to the chair of the Senate Fiscal Policy and Calendar Committee and the chairs of the House Policy and Budget Council and the House Economic Expansion and Infrastructure Council. 14 These funds require a match from local sources for working poor eligible participants of six percent on child care slots. In-kind match is allowable provided there is not a reduction in the number of slots or level of services from the provision of in-kind match. The Agency for Workforce Innovation may adopt a policy to grant a waiver of the six percent match requirement to a rural county that demonstrates a significant hardship in meeting the match requirement. From these funds, the Agency for Workforce Innovation shall designate an amount to be used for the Child Care Executive Partnership Program, as defined in section 409.178, F.S., as match to expand the provision of services to low income families at or below 200 percent of the federal poverty level. Funds for this program may be used to match funds for statewide contracts. 15 From these funds, $500,000 each is allocated to Bradford County Senior Center and to Nassau County Senior Center. The remaining funds are provided for grants to construct, repair and maintain Florida's Senior Centers. The Department of Elder Affairs shall establish criteria for grant awards that shall include a minimum 25 percent local match requirement. 16 From these funds, $25,296,600 in non-recurring county health department trust funds is provided for the following projects: Broward County Health Department .................. Flagler County Health Department..................... Hillsborough County Health Department........................ Lee County Health Department................. ..................... Palm Beach County Health Department ........... Pinellas County Health Department ......... ... $ 3.630,000 197.900 4,462.700 3,000,000 4.006,000 ........... 10.000.000 Additionally, from these funds, $31,434,100 in non-recurring tobacco settlement trust funds is provided for the following projects: Miami-Dade County Health Department... 6,412,600 Hernando County Health Department .......................... . 14,229,200 Jackson County Health Department.............. ................. 10,792.300 30 SECTION V LEGISLA TION THAT PASSED FINANCE, TRANSPORTATION & ADMINISTRATION Tammy Hall, Chair, Lee County John Cooper, Vice Chair, Bradford County Doug Smith, Vice Chair, Martin County Elections Package CStCStSB 866 by Sen. Constantine (CStHB 1201 by Rep. Patterson) This omnibus election package originated from the Ethics & Elections Committee chaired by Sen. Constantine. It passed the House without any opposition and only Sen. Justice, Vice Chair of the Ethics and Elections Committee, and Sen. Dawson voted against it in the Senate. The bill allows individuals to pre-register to vote on or after their 16th birthday. Current law allows individuals to pre-register on their 17'h birthday or upon obtaining a valid Florida driver's license. The bill shortens the time frame within which supervisors must report voting history information to the department to 45 days (from 75 days) after a general election. Within 45 days (compared to 35 in current law) of an election, the supervisors shall submit to the department precinct-level election resuits in a uniform electronic format. The bill eliminates a requirement in existing law for such results to be submitted following a municipal election or runoff. The bill provides that a county, district, or municipality does not have to offer early voting for a bond referendum if the election is not held in conjunction with a state or county election. The bill clarifies the charter county and municipal recall provisions of the election code. It provides that each signed and dated petition form must be filed simultaneously and no later than 30 days after the first signature is obtained. Effective July 1, 2008, the bill gives municipalities the ability to change, by ordinance, election dates to correspond to any statewide or countywide election. The bill allows local governments to develop electronic filing requirements for local officers and candidates that do not conflict with the current electronic filing process for candidates who file reports with the Division of Elections. Effective upon becoming law, the bill provides for a shorter sponsorship disclaimer for electioneering communication telephone calls and exempts these calls from obtaining written approval of the candidate the call supports. Furthermore, any electioneering communication phone call paid for with public money must state the name of the government entity paying for the phone call. If the bill becomes law, individuals would once again be prohibited from qualifying for more than one public office at a time. Last year, legislation moving the presidential primary date also changed the law allowing those seeking federal office to qualify for two offices that have overlapping terms. Effective Date: Upon becoming a law, except as otherwise provided. 32 Florida Retirement System (FRS) CS/HB 5063 by the Government Efficiency & Accountability Council and Rep. Grant The bill revises payroll contribution rates for membership classes of FRS for state fiscal years effective July 1, 2008, & July 1, 2009 as follows: Membership Class Effective Effective Effective Julv 1, 2007 Julv 1, 2008 Julv 1, 2009 ReQular 8.69% 8.69% 9.60% Special Risk Class 19.76% 19.76% 22.03% Special Risk Administrative 11.39% 11.39% 11.98% Elected State Officers 13.32% 13.32% 14.56% Elected Justices, JudQes 18.40% 18.40% 20.37% Elected Countv Officers 15.37% 15.37% 17.06% Senior Manaaement 11.96% 11.96% 13.36% DROP 9.80% 9.80% 10.96% Effective Date: 07/01/08. Library Grant Equalization Revision CS/SB 82 by Sen. Fasano (CS/HB 21 by Rep. Davis) The bill amends the state aid to the libraries grant program by revising eligibility criteria for multicounty and equalization grants. The bill revises the determination for and amount of multicounty base grants and changes the process for calculating equalization grants. The criteria used for awarding multicounty library grants found in s. 257.172, F.S., are amended to: . Restrict multicounty grants to systems that include at least one county that is eligible for an equalization grant (i.e., a county with limited financial resources). This change has no immediate effect because at present all such systems contain at least one eligible county. . Establish a multicounty base grant of $50,000 for systems serving two counties, effective July 1, 2008. No additional funds are requested for this purpose; this base grant would come from the state aid program. . Increas the multicounty base grant for systems serving three or more counties from $250,000 to $350,000. No additional funds are requested for this purpose; this base grant would come from the state aid appropriation. The criteria used for awarding equalization library grants established by s. 257.18, F.S., are modified to: . Add requirements that award equalization grants only to counties that received an equalization grant in FY 2007-08 and have been continuously eligible since that period. . Determine the need for an equalization grant by using the county's operating millage or per capita income rather than by using the county's expenditures for library services. . Establish a three-year phase out from the equalization grants for counties that become ineligible. . Limit the amount of equalization that can go to any single county. 33 . Limit the portion of state aid that goes to equalization grants, with implementing language that protects those counties most dependent on equalization funding. Effective Date: 07/01/08. Medical Examiners Eligibility for Special Risk Class CS/HB 531 by Rep. Weatherford (CS/SB 800 by Sen. King) This bill modifies the eligibility criteria for membership in the Special Risk Class by narrowing the positions eligible for membership as forensic scientists. Seventy-five current Florida Department of Law Enforcement (FDLE) officers would no longer be eligible for Special Risk Class. For local government employees, the members must be employed by law enforcement agencies or the medical examiners' offices and must spend at least 65% of their work time conducting certain tasks. The bill authorizes certain members of the Special Risk Class in the FRS to purchase upgraded retirement credit from prior Regular Class service to Special Risk Class service. The bill provides for the calculation of contributions to purchase the service upgrades and authorizes a local government employer to purchase the service credits on behalf of a member. Local government employers who elect to pay for the service upgrade for the specified employees may eventually pass that cost along to taxpayers. The actual number of affected employees is unknown. The longer members delay before purchasing the upgraded service, the greater the cost to the system. This could result in increased contribution rates for all special risk employers whether or not they have employees who are affected by the upgrade provisions. The fiscal impact to local government based on the actuarial study projection of about 1,200 employees purchasing service credit upgrades was estimated to be: $287,000 for FY 2008-2009, $299,000 for FY 2009-2010 and $311,000 for FY 2010-2011. Effective Date: 07/01/08. (Approved by the Governor on 05/28/08) Property Tax Glitch Bill I Implementation of Amendment 1 CS/SB 1588 by Sen. Haridopolos (HB 7131 by the Policy & Budget Council) The bill is primarily a glitch bill for the implementation legislation (HB 1 B) for the proposed constitutional amendment (Amendment 1) which was approved by the voters January 29, 2008. It corrects a variety of glitches and clarifies numerous provisions of HB 1 B approved during 2007 Special Session B. In addition, it imposes an additional limitation on the maximum millage that may be levied by local governments in FY 2008- 09. . The bill provides that beginning in 2009 property appraisers must submit information identified by the Department of Revenue (OaR) to improve the property tax forecasts by the Revenue Estimating Conference and grants the Executive Director authority to prescribe such data and the format. . The bill clarifies the rules under which a Save Our Homes differential may transfer to a new homestead (residential) property. The clarification primarily addresses divorces and living quarters for parents or grandparents. The OaR is required to provide the necessary procedures and forms to be used by property appraisers. 34 . The bill eliminates the annual application process for the Save Our Homes differential. . The bill provides for the order or priority of exemptions (homestead exemptions and Save Our Homes differential) to give the maximum benefit of each exemption to the taxpayer. . The bill clarifies the application of the tangible personal property exemption for each taxing authority and provides a definition for the "site where the owner of tangible personal property transacts business". . The bill requires tax collectors to provide information regarding non-ad valorem assessments to the DOR. . The bill clarifies that the maximum millage rate is adjusted for "change" in per capita Florida personal income instead of "growth". . The bill clarifies that supermajority votes are based on the membership of the governing body and provides for administrative adjustments to millage rates when the tax roll changes after the millage rate is calculated. . The bill clarifies the provision for calculating the millage for a county authorized to levy a public hospital surtax. . The bill clarifies that the governing body of the municipality shall be the governing body for certain downtown developrnent authorities. . The bill amends the calculation of the maximum millage rate that local governments may levy by a majority vote. Specifically, it provides that the rollback rate used for determining the millage rate that can be levied by a majority vote must be calculated as if the tax base had not been reduced by Amendment 1. . The bill clarifies the process and information necessary to provide fiscal assistance to fiscally constrained counties. Effective date: Upon becoming a law, except as otherwise provided and shall apply to the 2008 tax rolls. Transportation CS/CS/SB 682 by Sen. Bullard (HB 899 by Rep. Bullard) The Legislature's original transportation package for 2008 became one of the more divisive issues of this year's session. Originally filed under HB 1399 and SB 1978, the transportation package was eventually dominated by a single issue: giving the DOT the authority to complete the acquisition and operation of the Central Florida Rail Corridor. However, controversy and opposition seemed to follow the bill until the final days of session, where it eventually died. In a last minute effort to salvage minor components of both bills, SB 682 became the unlikely vehicle that eventually passed as this year's primary transportation package. Originally filed as a bill directing DOT to study transportation alternatives to 1-95, SB 682 quickly grew to include a number of disparate transportation and highway safety issues. This bill includes four issues of significance to counties. First, it eliminates the sunset provision for SCRAP, which was scheduled to terminate in 2010. While the bill expands eligibility for the program by eliminating its millage requirements, it does not include funding for two fiscal years (FY 2010-11 and FY 2011-12). Also of importance to 35 counties, the bill gives local governments the opportunity to notify DOT and the Governor's office whether any project that is either deferred or eliminated from the 5- Year Work Program will negatively impact local transportation concurrency. It requires local governments to consider land use compatibility issues for lands located near or adjacent to airports and specifically prohibits counties from owning and 1 or operating an asphalt plant as April of 15, 2008. Finally, the bill extends by one year the existence of the Strategic Aggregates Review Task Force, which will be dissolved on June 30, 2009. Effective Date: 07/01/08. Value Adjustment Boards CS/HB 909 by Rep. Nehr (CS/CS/SB 2080 by Sen. Haridopolos) The bill codifies many recommendations made by the Auditor General's Report regarding value adjustment boards (VABs). . The bill requires the DOR to develop a uniform policies and procedures manual to be used by VABs, special magistrates and taxpayers in VAB proceedings. . The bill amends the membership of V ABs to include 2 county commissioners, 1 school board member and 2 citizens (taxpayers). . The bill eliminates the authority for county attorneys to be counsel to the VAB and requires the use of private counsel. . The bill requires DOR to provide training for special magistrates. . The bill requires members of the V AB to receive DOR training in counties that do not use special magistrates as part of V AB proceedings. In small counties, the training requirement may be met by the private counsel receiving such training. . The bill clarifies that in determining the highest and best use criteria of a property, the property appraiser must factor the legally permissible use of the property, including zoning, concurrency, or necessary permits required before actually being used for its highest and best use. . The bill clarifies that a minimum acreage factor cannot be required for an agricultural assessment. . The bill provides language expressing that the Legislature expressly intends that taxpayers never have the burden of proving that the property appraiser's assessment is not supported by any reasonable hypothesis of a legal assessment. Effective date: 09/01/08. 36 GROWTH, ENVIRONMENTAL PLANNING & AGRICULTURE Ronnie Duncan, Chair, Pine lias County Buddy Lamb, Vice Chair, Dixie County Stacy Ritter, Vice Chair, Broward County Artificial Reefs SB 432 by Sen. Bennett (HB 179 by Rep. Holder) This bill authorizes the Florida Fish and Wildlife Conservation Commission (FWC) to plan and develop a statewide matching grant program to secure and place U.S. Maritime Administration and U.S. Navy decommissioned vessels in state or federal waters as artificial reefs. The bill does not provide an appropriation to support the matching grant program. FAC monitored this bill as a potential vehicle for an airboat amendment that would have required local governments to pass airboat ordinances unanimously. However, this bill was not amended and passed as it was filed. Effective Date: Upon becoming a law. Beach Management CS/HB 1427 by Rep. Mayfield (CS/CS/SB 1672 by Sen. Jones) This bill requires the state's beach management efforts to address erosion caused by inlets. The bill also requires that beach quality sand associated with inlet construction and maintenance dredging be placed on adjacent beaches, and directs DEP to take all reasonable action to reinstate the natural flow of sand in disputes between beneficiaries of the inlet, local governments, or adjacent inlet property owners. Effective Date: 07/01/08. Brownfields CS/HB 527 by Rep. Williams (CS/CS/SB 2018 by Sen. Posey) This bill provides a one-time, 25 percent tax credit of up to $500,000 for the construction and operation of new health care facilities or health care providers on brownfield sites, and allows both the existing affordable housing and the proposed health care tax credit certificates to be awarded for sites where the work is substantially complete. The bill revises the provisions required for applicants to claim the solid waste removal tax credit, as well as the criteria and requirements for the DEP review of tax credit applications and the issuance of tax credit certificates. The bill clarifies what types of costs cannot be claimed. The total amount of the annual credit remains $2 million. The bill revises the brownfields program administration process and the local government resolution and site redevelopment agreement requirements, and removes certain brownfield contractor certification requirements and the professional liability insurance requirement. The bill provides limited application of Brownfield Areas Loan Guarantee Program grants to the construction and operation of new health care facilities and health care providers, and adds the state surgeon general or designee to the Brownfield Areas Loan Guarantee Council. Effective Date: Upon becoming a law and shall operate retroactively to 01/01/08. 37 Building Codes CS/HB 697 by Rep. Aubuchon (CS/CS/CS/CS/SB 560 by Sen. Constantine) In many ways, this bill compliments the Senate's energy bill, SB 1544, by focusing on building code revisions recommended by the Florida Energy Commission. The bill requires that the Florida Building Commission select the most current version of the International Energy Conservation Code <IECC) as a foundation code, so long as the IECC is modified by the commission to maintain the efficiencies of the Florida Energy Efficiency Code for Building Construction. The commission is authorized to implement recommendations on an energy efficiency standard to be adopted by the commission for the construction of all new residential, commercial, and government buildings. The bill creates a schedule of increases in the energy performance of buildings subject to the Florida Energy Efficiency Code. With respect to local comprehensive plans, the bill requires the future land use element of the plan to discourage urban sprawl by encouraging energy-efficient land use patterns that account for existing and future electric power generation and transmission systems, and greenhouse gas reduction strategies. The future land use map must identify and depict energy conservation, while the traffic circulation element must incorporate transportation strategies that reduce greenhouse gas emissions. From a compliance standpoint, it is unclear what standards the state's land planning agency will use in its review of local comprehensive plans. Effective Date: 07/01/08. Cemetery Lands CS/HB 853 by Rep. Troutman (CS/SB 1308 by Sen. Bennett) The bill provides that, except for road system, transportation corridor, or rights-of-way purposes, property dedicated for cemetery purposes and licensed under Ch. 497, part II, F.S., may not be taken by eminent domain if the area of property to be taken is one contiguous acre or greater in size, unless the taking entity determines in a public hearing that there are no reasonable alternatives except to use cemetery property for the project. It also prohibits a governmental entity from requiring the transfer of property dedicated for cemetery purposes and licensed under Ch. 497, part II, F.S., as a condition of obtaining regulatory approval under the chapter. Effective Date: 07/01/08. (Approved by the Governor on 05/28/08) Clean Ocean Act CS/CS/SB 1094 by Sen. Haridopolos and Sen. Constantine (CS/HB 897 by Rep. Mayfield) This bill requires owners or operators of gambling vessels operated in coastal waters to register vessels with DEP. The owner of each waterfront-landing facility that is registered as a gambling vessel's berth location must establish procedures for the release of waste from gambling vessels at the facility and make available a waste management service to handle and dispose of the facility's waste. The bill provides that, if a gambling vessel releases any waste into coastal waters, the owner or operator shall immediately (no later than 24 hours after the release), notify DEP of the release and provide certain specified information. DEP is required to establish and collect fees that are adequate to cover the entire cost of developing and implementing its 38 responsibilities, including registration of gambling vessels, tracking of releases, compliance, and enforcement. The bill does not apply to any gambling vessel that annually verifies to DEP that it operates a marine waste treatment system that produces sterile, clear, and odorless reuse water without generating solid waste and that eliminates the need to pump out or dump wastewater. Effective Date: 07/01/08. Developments of Regional Impact (ORis) CS/SB 1706 by Sen. Margolis (CS/HB 911 by Rep. Grimsley) This bill expands legislation that passed in 2007, which extended the build-out dates for ORis by three years, with 2007 as the base year. Supplemental language provided under SB 1706 applies this extension date to all associated local government approvals, including agreements, certificates, and permits related to the project. According to advocates for the legislation, while local governments were complying with the extension directive passed in 2007, few were extending this provision to any of the developments' associated permits, particularly those relating to transportation concurrency. Effective Date: 07/01/08. Energy HB 7135 by the Environment and Natural Resources Council, Rep. Mayfield and Rep. Kreegel (CS/CS/CS/SB 1544 by Sen. Saunders) The Legislature passed an expansive energy bill this year in response to the Governor's veto last year. HB 7135 creates a substantial new energy policy for Florida. Unfortunately, it also includes many county preemptions and unfunded mandates. The bill will no longer require power companies to submit a statement of consistency regarding transmission lines, power lines, and substations - preventing local governments from commenting as to where they can go. The bill requires a 75% reduction of solid waste, yet preempts local governments from regulating the sale, use, or disposition of plastic bags, containers, and wrappings, virtually ensuring that local governments will not be able to meet the state's goals. The bill also mandates that local governments conduct composting activities, setting a minimum statutory requirement, and provides a property tax exemption to citizens who install renewable energy sources even if their assessments do not increase. Local governments will also be required to use a nationally recognized green building program in constructing new buildings, and building code provisions in the bill are designed to make codes more "green." However, local governments will have the flexibility to do as much or as little as they can in the way of green construction. The lowest standard raises the cost of construction by approximately 1 percent. Many counties have already chosen to go well above and beyond this. The bill also requires local governments that purchase vehicles under a state purchasing plan to maintain vehicles according to minimum standards and to follow certain procedures when procuring new vehicles. The bill does include several positive provisions. It authorizes the DEP to require utility companies to pay for the waste they create by offsetting pollution with the purchase of carbon credits. The bill also allows DEP to set strong pollution limits on new cars sold 39 in the state of Florida, subject to legislative approval, and requires private electrical utilities to generate a certain amount of the power they sell from renewable sources. The bill also contains provisions for net metering. Additionally, the bill expands the air quality, energy, and land use goals of the State Comprehensive Plan to include the development and siting of low carbon-emitting electric power plants, including nuclear plants, the reduction of atmospheric carbon dioxide, and promotion of the development and use of renewable energy sources. The bill also requires metropolitan planning organizations to develop a long-range transportation plan and an annual project list that, among other considerations, provides for sustainable growth and the reduction of greenhouse gas emissions. Effective Date: 07/01/08, except as otherwise provided. Florida Forever CS/CS/SB 542 by Sen. Saunders This bill authorizes the continuation of the popular Florida Forever land acquisition program. In addition to continuing the program, the bill requires the Division of State Lands to determine the value of carbon capture and carbon sequestration with respect to state lands and to provide an inventory to the board of trustees. It also requires the priority purchase of conservation and recreational lands that have high concentrations of population and certain agricultural lands. The bill increases appraisal thresholds, requires bond moneys to be spent for capital improvements under certain conditions, and authorizes alternatives to fee simple purchases. It also adds the restoration and preservation of working waterfronts to the Florida Forever program. Notably, the bill does not transfer Florida Communities Trust to DEP or any other state agency. The program will remain within the Department of Community Affairs (DCA). Effective Date: 07/01/08. Ocean Outfalls CS/CS/SB 1302 by Sen. Saunders (HB 7139 by the Environment & Natural Resources Council) This bill prohibits the construction or expansion of wastewater ocean outfalls and limits the discharge of wastewater through ocean outfalls to the permitted capacity in effect on July 1, 2008. It requires that discharge of domestic wastewater through ocean outfalls must meet advanced wastewater treatment and management requirements. It provides an exemption to treatment standards for those facilities who meet 100% reuse of domestic wastewater discharge by the same date. The bill requires all facilities that discharge domestic wastewater through ocean outfalls to achieve, at a minimum, 60% reuse of actual annual flow by December 31, 2025, and prohibits discharge through ocean outfalls beyond that date, unless as a backup to the functioning reuse system. It also provides that water resource and water supply development projects that promote the elimination of wastewater ocean outfalls should be given first consideration for state or water management district funding assistance. Effective Date: 07/01/08. Petroleum Cleanup HB 961 by Rep. Machek (SB 1982 by Sen. Baker) This bill increases the restoration cap amount for the Petroleum Cleanup Participation Program from $300,000 to $400,000. For the Florida Petroleum Liability and 40 Restoration Insurance Program, the $1 million cap is increased to $1.2 million, the $300,000 cap is increased to $400,000, and the $150,000 cap is increased to $300,000. The cap increases apply only to sites eligible for the Petroleum Cleanup Participation Program and the Florida Petroleum Liability and Restoration Insurance Program where DEP has not issued a site rehabilitation completion order prior to June 1, 2008, indicating that the discharge has been remediated. The cap increases also apply to sites that have reached the current statutory caps and have transitioned to the party responsible for the contamination for completion of the cleanup. By raising the state funding assistance caps, the bill may extend the Petroleum Cleanup Program by five years and may increase expenditures by $234.7 million for petroleum contamination cleanup. Effective Date: 07/01/08. Phosphate Severance Tax and Hearing Procedures CS/CS/SB 1294 by Sen. Saunders This began as a simple bill that amended provisions relating to the registration of dry cleaners, as well as the definition of the term "regulated air pollutant" to conform to changes made in the federal Clean Air Act. It was amended during the committee process to create a severance tax relating to phosphate, and to provide for its distribution. However, the bill was sent to conference committee, and was amended late in session to provide that administrative challenges to proposed state agency actions regarding phosphate mines and reclamation are subject to summary hearing provisions, except that the summary proceeding must be conducted within 90 days after a party files a motion for summary hearing, regardless of whether the parties agree to the summary proceeding and that the administrative law judge's order is a recommended order and not a final order. The bill was also amended with more detailed severance tax provisions. The final version of the bill provides for a new severance tax of $1.38 per ton in addition to the excise tax currently levied. This tax is to be levied until it raises $60 million. The funds will be deposited into the Nonmandatory Land Reclamation Trust Fund, and at least 75% of the funds must be used for the rehabilitation, management, and closure of the Piney Point and Mulberry sites. Once $60 million is raised, the severance tax will be increased to $1.51 per ton and then 25.5% is to be distributed to the Conservation and Recreation Lands Trust Fund, 37% to general revenue, 13.6% as payment to counties in proportion to the number of tons of phosphate rock produced from a phosphate rock matrix located within such political boundary, 10.7% to counties that have been designated as a rural area of critical economic concern in proportion to the number of tons of phosphate rock produced from a phosphate rock matrix located within such political boundary, 6.6 percent to the Nonmandatory Land Reclamation Trust Fund, and 6.6 to the Phosphate Research Trust Fund. The 13.6% for payment to counties must be used only for phosphate-related expenses, which includes the provision of infrastructure or services in support of the phosphate industry, reclamation or restoration of phosphate lands, community infrastructure on reclaimed lands, and similar expenses directly related to support of the industry. Effective Date: Upon becoming a law. 41 Protection of Wild and Aquatic Life CS/HB 7059 by the Environment & Natural Resources Council, Rep. Kendrick and Rep. Mayfield (CS/SB 1300 by Sen. Saunders) This bill adds the preservation and regeneration of seagrass to the Board of Trustees of the Internal Improvement Trust Fund's duty to conserve and improve state lands, and provides for the collection of fines for careless seagrass scarring. Additionally, the bill transfers the Bureau of Invasive Plant Management from DEP to FWC. It also provides for the confiscation of illegally taken wildlife, freshwater fish, and saltwater fish. Effective Date: 07/01/08. Secondary Metals Recyclers CS/CS/HB 105 by Rep. Troutman (CS/CS/SB 556 by Sen. Constantine) This bill was passed due to an increase in reports of metal theft, specifically copper, from construction sites, citrus groves, air conditioner units, cell phone towers, and even a report of copper theft from an Amtrak locomotive. Thieves take the stolen metal to a secondary metals recycler and sell the metal for cash. In response to this, the bill eliminates the requirement that transactions must be greater than $10 in value to be regulated under Ch. 539, Part II, F. S., and expands the definition of regulated metals to include stainless steel beer kegs. It requires secondary metals recyclers to gather more in depth information about sellers of regulated metals and allows that information to be stored in an electronic database. It enhances the penalty faced by secondary metals recyclers for repeated noncompliance with statutory requirements from a first degree misdemeanor to a third degree felony, and enhances the penalty faced by sellers of regulated metals for giving false information to a second or third degree penalty, depending on the dollar amount involved. The bill requires DOR to release the names of any registered secondary metals recyclers to a law enforcement official upon request, requires that all regulated metals be transported to a secondary metals recycler in a motor vehicle, and requires payments for all transactions in excess of $1,000 to be made by check. Effective Date: 10101108. (Approved by the Governor on 05/28/08) Underground Utilities CS/SB 794 by Sen. Bennett (HB 573 by Rep. Murzin) The bill prohibits counties and cities from charging fees associated with marking underground facilities associated with compliance with the Florida One-Call notice requirements. Effective Date: Upon becoming a law. Water Pollution Control CS/HB 547 by Rep. Kreegel (CS/CS/SB 1208 by Sen. Gaetz) This bill authorizes DEP to adopt rules to implement a water quality credit trading program. Water quality credit trading allows a point or non-point source that will achieve greater pollutant reductions than required by a TMDL or wasteload allocation to generate, register, and trade water quality credits for the excess reductions. This enables other sources to achieve their allocation. The bill requires DEP to incorporate trades into permits, basin management action plans (BMAPs), certifications, or other binding mechanisms that assure enforceability, and authorizes DEP to establish, by rule, trading mechanisms and procedures, including a registry to track trades. Water 42 quality credit trading is limited to the Lower St. Johns River Basin as a pilot project. The scope of this bill falls within FAC's policy statement on water quality credit trading. Effective Date: 07/01/08. 43 HEALTH & HUMAN SERVICES Bill Williams, Chair, Gulf County Bob Janes, Vice Chair, Lee County Vicki Phillips, Vice Chair, Citrus County Alzheimer's Disease / Medicaid Waiver Program SB 1092 by the Health Policy Committee (HB 7047 by the Healthcare Council and Rep. Gibson) The bill extends the repeal date for the Alzheimer's disease Medicaid home and community based-services waiver program so that the program is automatically eliminated at the close of the 2010 Legislative Session, rather than the 2008 Legislative Session. The bill requires the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct an evaluation of comparable Medicaid home and community- based services waiver programs to determine their comparative cost effectiveness and ability to delay or prevent institutionalization of Medicaid recipients. The bill requires OPPAGA to coordinate with relevant experts to determine which waiver programs should be included in the evaluation in order to make reasonable comparisons. The evaluation must also include a review of the flexibility provided to states by the federal Deficit Reduction Act (ORA) of 2005, in regard to Medicaid home and community-based services. The findings and recommendations of the evaluation shall be submitted to the President of the Senate and the Speaker of the House of Representatives by February 1, 2010. Effective Date: Upon becoming a law. (Approved by the Governor on OS/28/08) Autism Spectrum Disorder CS/CS/CS/SB 2654 by Sen. Geller SB 2654 increases health insurance benefits for autism and developmental disability therapies and enhances consumer awareness of the benefits. Statistics show that one in every 150 children develops an autism spectrum disorder, jumping to one in every 94 for boys. The legislation, known as the "Window of Opportunity Act," authorizes the OIR to convene a workgroup that includes health insurance carriers, self-insured employers, two designees of the Governor, one designee of the President of the Senate, and one designee of the Speaker of the House of Representatives. The workgroup will negotiate an agreement between insurers and carriers (HMOs) that will include increased coverage for therapies and behavior analysis, improved information to consumers regarding covered therapies, and protection for consumers denied claims due to developmental disabilities. Additionally, consumer advisors will have the opportunity to review the agreement before it is finalized. The legislation also creates, under the "Steven A. Geller Autism Coverage Act," a mandated benefit for autism coverage which will apply to any carrier that does not 44 comply with the compact by April 1 , 2010. The mandated benefit includes a $36,000 annual maximum and $200,000 lifetime maximum for screening and therapy for autism. To be eligible for benefits and coverage, an individual must be diagnosed with an autism spectrum disorder at 8 years of age or younger. Effective Date: 01/01/09. (Approved by the Governor on May 20, 2008) Automated External Defibrillators (AED) CS/CS/SB 564 by Sen. Constantine (CS/HB 243 by Rep. Anderson) The bill revises the requirements for the use of an AED in cases of cardiac arrest. Under the bill, any person who uses an AED is encouraged, rather than required, to obtain appropriate training. Also, the bill encourages persons or entities that possess an AED to notify, rather than register with, the local emergency medical services director of the location of the device. Effective Date: 07101/08. Certificates of Need I General Hospitals CS/SB 2326 by Sen. Peaden, Jr. The bill amends the process hospitals use to apply for and obtain a certificate of need (CON) from the Agency for Health Care Administration (AHCA). It also limits the criteria that AHCA uses to review CON applications as opposed to all other health care facilities that are subject to the CON process. Eligibility requirements are provided as are procedures for existing hospitals to challenge a decision by AHCA regarding a hospital CON application. The legislation defines a process by which the applicant may respond to another hospital's challenge of its CON application. Effective Date: Upon becoming a law. (Approved by the Governor on May 19, 2008) Children's Zones CS/HB 3 by Rep. Bendross-Mindingall (CS/SB 500 by Sen. Bullard) This legislation provides for cities and counties to designate certain areas as children's zones to focus on services and programs for children including facilitating enrollment in Kidcare. The bill provides for the creation of a not for profit corporation to implement and govern a designated children's zone. Effective Date: 07/01/08. Health Insurance CS/CS/SB 2534 by Sen. Peaden, Jr. (CS/HB 7081 by the Healthcare Council and Rep. Bean) The bill makes several provisions aimed at improving access to health care: Cover Florida Health Care Access Proqram The Cover Florida Health Access Program (Cover Florida) is designed to provide an affordable health care option for uninsured individuals in Florida between the ages of 19 and 64 who meet certain other criteria. A Cover Florida plan must provide non- catastrophic coverage and may provide catastrophic coverage, supplemental insurance, prepaid health clinic, and discount medical plan product options to enrollees. AHCA and OIR are responsible for jointly establishing and administering Cover Florida. Cover 45 Florida plans are not subject to licensure under the Florida Health Insurance Code. The agency and the office are required to approve at least one Cover Florida plan entity having an existing statewide provider network and may approve at least one regional network plan in each Medicaid area. Cover Florida plans are considered health insurance for the purposes of the state employee retiree health insurance subsidy. Florida Health Choices Proqram The Florida Health Choices Program is created as a single, centralized market for the sale of products that enable individuals to pay for health care. These products include but are not limited to insurance plans, HMO plans, limited benefit plans, prepaid services, service contracts, and flexible spending accounts. Participation is voluntary. Eligible employers include those with 50 or fewer employees as well as certain public employers. Participating employers will receive assistance to qualify under federal tax regulations in order to offer a cafeteria of health benefits to their workers. Eligible vendors include licensed insurers and licensed HMOs which may sell risk-bearing products and other arrangements for services. Prepaid clinics, health care providers, provider organizations, and other corporate entities are eligible to sell service contracts and other arrangements for a specified amount and type of health services or treatments. Eligible individuals are workers of participating employers. Health insurance agents may also participate in order to assist individuals to choose the coverage or services they want from the program. Products sold through the program are not subject to the mandated coverages established in state law or certain other regulations normally applied to health insurance. However, all insurers and HMOs offering risk-bearing products must be licensed to do so in the State of Florida. The bill establishes a corporation, Florida Health Choices, Inc., to be responsible for implementation of the program. The governing board of the corporation will be appointed by the Governor, the President of the Senate, and the Speaker of the House of Representatives. The corporation will be subject to the Sunshine Law, and the Florida Code of Ethics. Dependent Coveraqe The bill requires group health insurers to offer policyholders the option to continue coverage of their children on their family policy until age 30, if the child is: (1) unmarried with no dependents; (2) a resident of Florida or a full-time or part-time student; and (3) does not have insurance coverage under any private or public plan. Health Flex Plans The Health Flex Plan Program was established to offer basic affordable health care services to low-income, uninsured residents. The bill expands eligibility for Health Flex plans by: raising the family income limit from 200% to 300% of the federal poverty level (FPL); allowing persons who lose eligibility for Medicaid or KidCare due to income limits to apply without a lapse in coverage; allowing individuals covered by an HMO that have 46 a Health Flex plan to enroll in the HMO's Health Flex plan without a lapse in coverage; and allowing individuals in an employer group to access Health Flex plans if they were not covered by private insurance for the last 6 months, and at least 75% of the employees have an income at or below 300% FPL (the Health Flex plan is offered by an insurer or HMO to only 50% of the employees). The bill also extends the expiration date of the program from July 1, 2008 to July 1, 2013. KidCare The bill expands eligibility by eliminating the 10 percent cap on full-pay enrollees in MediKids (ages 1-5) and Healthy Kids (ages 6-19) with a family income greater than 200% of the FPL. Healthy Kids Corporation is required to submit a report to the Legislature and Governor, by February 1, 2009, on the premium impact to the subsidized portion of KidCare from the increase of full-pay enrollees, and make recommendations on how to eliminate or mitigate any premium impact. Insurance Code Exemotion for Certain Reliqious Orqanizations The bill creates an exemption from the Florida Insurance Code for nonprofit religious organizations that qualify under Title 26, s. 501 of the Internal Revenue Service (IRS) Code which meet the following criteria: limit membership to members of the same religion; act as an organizational clearinghouse for information between participants who have financial, physical, or medical needs and those with the ability to pay for the benefit of those members in need; provide for medical or financial needs of participants through payments directly from one participant to another; suggest amounts that participants may voluntarily give with no assumption of risk or promise to pay either among the participants or between the participants. Effective Date: Upon becoming a law. (Approved by the Governor on May 21,2008) Health Flex Plans HB 461 by Rep. Patron is (SB 1022 by Sen. Peaden, Jr.) The Health Flex Plan Program was established in 2002 by the Florida Legislature as a pilot program in an effort to expand the availability of basic health and preventive care services for low-income uninsured state residents by permitting health insurers, HMOs, and health-care-provider-sponsored organizations to develop plans emphasizing such services. In 2004, the Legislature expanded Health Flex plans to all 67 counties. The program is scheduled to sunset July 1, 2008. HB 461 expands health flex plan eligibility from 200% to 300% of the FPL and extends the program to July 1, 2013. Effective Date: 07/01/08. Mental Health and Substance Abuse Services CS/HB 1429 by Rep. Gardiner (CS/CS/CS/SB 2626 by Sen. Storms) This bill provides authority and direction to the Department of Children and Families (DCF) to implement Behavioral Health Managing Entities. A managing entity is a Florida corporation that is exempt from taxation under s. 501 (c)(3), of the IRS Code and is under contract to the department to manage the day-to-day operational delivery of behavioral health services through the establishment of an organized system of care. 47 The bill provides DCF the option of contracting with a managing entity for behavioral health services and allows currently operating managing entities that provide mental health, substance abuse, Medicaid and child welfare services to continue operating with this structure. The bill provides legislative intent that reductions in state cost for contract management and administrative duties be proportionately reduced and the savings used to fund the administrative functions of the managing entity. Effective Date: 07/01/08. Relating to Dentistry CS/CS/SB 2760 by Sen. Peaden, Jr. The bill creates examination requirements, an application process, license renewal requirements, and license revocation requirements for a community-service dental license. The bill requires the Board of Dentistry to grant a community-service dental license to practice dentistry in community-service settings if an applicant meets certain educational and practice standards, files appropriate application, and pays appropriate fees. The bill provides an individual with a community-service dental license the ability to take the Florida dental license examination if these conditions are met. The bill specifies that the failure of an individual with a community-service dental license to limit the practice of dentistry to community service settings is the unlicensed practice of dentistry. Effective Date: 01/01/09. (Approved by the Governor on 05/28/08) Transportation Disadvantaged I Services CS/CS/HB 1175 by Rep. Robaina This legislation ensures the coordinated planning of transportation disadvantaged services by all human service agencies; strengthens the alternative provider procedure process for purchasing agencies to ensure all agencies follow the exact same process; requires all agencies to identify dollars spent on non-emergency transportation services to transportation disadvantaged clients; and requires all agencies to pay the approved transportation rates. Effective Date: 07/01/08. Workforce Innovation CS/CS/SB 428 by Sen. Bennett (CS/CS/HB 959 by Rep. Chestnut) This bill allows Regional Workforce Boards to be direct providers of intake, assessment, eligibility determinations, or other direct provider services, except training services, subject to agreement between the designated chief elected official and the Governor. Effective Date: 07101108. 48 PUBLIC SAFETY Joe Eggelletion, Chair, Broward County Sam Johnson, Vice Chair, Polk County Brad Purcell, Vice Chair, Putnam County Citizens' Right to Know Act I Pretrial Release CS/CS/SB 2676 by Sen. Crist (CS/HB 1441 by Rep. Needelman) This bill mandates reporting requirements for pretrial release programs (public or privately operated) and also amends several sections related to the posting of bail. The bill requires pretrial release programs to maintain a register with the Clerk of the Court that includes detailed information about defendants interviewed and released through the program. The specific information that must be submitted is outlined in the legislation; however, a county may also ask for additional information to be provided if they believe it will lead to improving the system and making it more cost efficient. The bill further requires pretrial release programs to provide an annual report to the county, or other appropriate local governing board, summarizing defendants released through the program and budgetary matters by March 31 sl of each year. The bill requires cash bond forms to display a notice that any and all parts of a cash bond may be subject to withholding by the Clerk of the Court to pay court costs, fees, and fines, regardless of who posts the cash bond. OPPAGA is directed to conduct an annual study for the presiding officers of the Legislature evaluating the effectiveness and cost-efficiency of pretrial release programs by January 1s1 of each year. Effective Date: 07/01/08. Criminal History Information CS/SB 1792 by Sen. Crist This bill increases fees for criminal history background checks by the FDLE by amending s. 943.053, F.S. The current fee is $23 for each records check with the exception of background checks for vendors of DCF, Department of Elder Affairs (DEA), Department of Juvenile Justice (DJJ), specific checks for DACS, and summer camps. The new fee structure will increase the fee by $1 for the dissemination of criminal justice information and is estimated to generate an additional $1,750,000 in fee revenues. This bill will also allow the department to apply the revenue generated from this fee to any legislatively approved department purpose rather than strictly toward the cost of providing the service. Effective Date: 07/01/08. Department of Corrections (DOC) HB 7137 by the Safety & Security Council and Rep. Adams (CS/CS/CS/CS/SB 1614 by the Criminal Justice Committee) This bill was DOC's legislative package, which addresses a number of issues within the department's jurisdiction. More specifically, the bill: . Provides that an administrative law judge may appoint a private pro bono attorney in a continued placement proceeding to represent an inmate who Is receiving treatment in a correctional mental health facility. . Adds cellular phones and other portable communication devices to the list of articles declared to be contraband within a state prison and makes it a 49 third-degree felony to introduce or possess a cellular phone or portable communication device with intent to provide the device to an inmate. . Revises the Corrections Mental Health Act to allow, among other changes, a court to waive the presence of an inmate at the mental health hearing, the inmate's counsel to have access to the inmate and records that are relevant to representation of the inmate, and an administrative law judge to waive the inmate's presence at a continued placement hearing. . Requires DOC to house certain young adult offenders, who currently must be housed separately, at youthful offender facilities. This section does not affect DJJ nor a county's financial responsibility for predisposition costs (For more information relating to this change, please see pages 8-10 of HB 7137 or pages 6-7 of the final Senate staff analysis on SB 1614). . Authorizes a court to place on community control an offender who has been convicted of a forcible felony and who has a prior forcible felony conviction. Effective Date: 10101/08. Emergency 911 CS/SB 1694 by Sen. Aronberg (CS/HB 997 by Rep. Domino) The bill creates a voluntary certification program for 911 emergency dispatchers. It requires DOH to establish, by rule, educational and training criteria for certification and requirements for certificate renewal. The DOH is authorized to suspend or revoke a certificate at any time if it is determined that the certificate holder does not meet the qualifications. The department must also establish, by rule, a procedure for the initial certification of 911 emergency dispatchers who have documentation of at least 5 years of supervised full-time employment as a 911 emergency dispatcher since January 1, 2002. Effective Date: 10101/08. (Approved by the Governor on OS/28/08) Exploited Children CS/CS/CS/SB 1442 by Sen. Dockery (CS/CS/HB 605 by Rep. Rivera) This bill is patterned after "Masha's Law" within the federal Adam Walsh Child Protection and Safety Act of 2006, which allows child pornography victims to seek a civil remedy from persons who download their pornographic images. Prior to enactment of Masha's Law, federal law provided a civil cause of action for minors who were victims of certain sexual abuse-related crimes and who suffered personal injury as a result of such abuse. Those minors were deemed to have sustained damages of no less than $50,000. Masha's Law raised the civil penalties from a minimum of $50,000 to $150,000 and changed the law to allow persons 18 years of age or older to also recover damages from those who downloaded images of them while they were minors. If enacted into law, the bill will allow Florida citizens, who have been identified by law enforcement as victims of child pornography, and who have suffered personal or psychological injury as a result of the possession and distribution of their pornographic images, to seek civil redress under Florida law. Effective Date: 10101/08. 50 Firesafety I Structure Markings CS/HB 727 by Rep. Gibson (SB 1554 by Sen. Wise) The bill requires that structures using light-frame truss-type construction must be marked to warn persons conducting fire control and other emergency operations of the existence of such construction, due to danger of collapse. The State Fire Marshal is provided with rulemaking authority, and local fire officials and the State Fire Marshal are authorized to enforce the signage provision. The bill further provides that notwithstanding other provisions of law to the contrary, nursing homes licensed under Ch. 400, F.S., must be protected by approved automatic sprinkler systems by December 31, 2010. The bill eliminates the requirements that an approved system be installed in each hazardous area of a nursing home by December 31,2008. Effective Date: 07/01/08. Judicial System CS/SB 1790 by Sen. Crist This legislation increases certain service charges, court costs, and fees that aid in the reduction of services in this year's proposed criminal justice budget. If the Governor signs this legislation into law, then the responsibility for funding court juror payments will be shifted from current state responsibility to the Clerk of Courts. The bill also allows part-time attorneys in the office of the criminal conflict and civil regional counsel to take private-pay criminal cases for two years, unless the case presents a conflict of interest for the office. The bill also requires a person seeking indigent status to pay a $50 application fee to receive court-appointed counsel in a dependency proceeding. It also creates an administrative fee of $12.50 to be paid for all noncriminal moving and nonmoving traffic violations under Ch. 316, F.S., and mandates fees and costs related to receiving state-funded legal representation in a criminal, violation-of-probation, or community-control case convictions. SB 1790 clarifies that a person is liable for the application fee for a determination of indigent status in a criminal case and that the fee may be collected through the use of a lien. It also creates a new filing fee for certain counterclaim suits or cross appeals in county, circuit, and appellate courts. The bill creates a fee for the issuance of summons and removes outdated language authorizing counties to recover attorney fees and costs for legal representation provided in certain proceedings involving children and families in need of services under Ch. 984, F.S. Lastly, SB 1790 directs the Clerk of Court Operations Corporation to not consider the increased revenue from the bill in setting the individual Clerk of Court budgets; and allows the Clerk of Court Operations Corporation to increase the clerk budgets to pay for juror payments. On an annual basis, clerks can increase their budgets by $4.7 million in the aggregate. Effective Date: 07/01/08. Juvenile Offenders I Residential Facilities SB 2820 by Sen. Crist This legislation limits the number of beds a juvenile residential facility may operate to 165, unless the facility has a specified campus style program that includes more than one level of restrictiveness, in which case the facility shall be exempt from such limit. Effective Date: 07/01/08. (Approved by the Governor on 05/28/08) 51 SECTION VI LEGISLA TION THAT FAILED LEGISLATION THAT FAILED FINANCE. TRANSPORTATION & ADMINISTRATION Campaign Finance of Ballot Issues SB 532 by Sen. Justice (HB 195 by Rep. Long) This proposed legislation would have prohibited the use of public funds to "expressly advocate for or against candidate or support or oppose ballot issue." FAC worked closely with Sen. Justice on this legislation in an attempt to find compromise language, which eventually resulted in language that was amended on to SB 866 on the floor of the Senate, that if signed into law by the Governor would require, "any electioneering communication paid for with public funds must include a disclaimer containing the words "paid for by (Name of the government entity paying for the communication)"." Electioneering communication is defined in s. 106.011 (18)(a),F.S. Campaign Finance SB 2356 by Sen. Fasano This proposed legislation would have prohibited public funds to be used to fund organizations that take positions on issues. There was no companion and the bill was withdrawn in early March by Sen. Fasano. Mail Ballot Elections HB 429 by Rep. Fitzgerald (CS/SB 880 by Sen. Rich) This bill would have allowed BOCCs to decide to conduct any election by mail ballot. The BOCC could choose to conduct countywide, statewide or federal elections occurring within the county by mail ballot as long as its intentions to hold a mail ballot election were declared no later than 120 days before the date of the scheduled election. HB 429 and its companion, SB 880, died in their first committees of reference respectively. Sheriff's Service of Process Fees CS/HB 209 by Rep. Seiler (CS/SB 300 by Sen. Crist) This legislation, supported by FAC, died in returning messages in the House. The bill would have increased fees charged by a sheriff in connection with docketing and service of process for the first time since 1994 from $20 to $40 in civil cases. The State of Florida or its agencies were exempted from the increase in fees. The bill also deleted the provision of law that prohibits additional fees to be charged by the sheriff for successive attempts at service. Transparency CS/HB 7123 by the Government Efficiency & Accountability Council and Rep. Grant (SB 2648 by Sen. Dean) The bill would have provided new requirements in the budget process for local governments. 53 CS/CS/CS/SB 392 by Sen. Storms The bill would have provided new requirements to electronically post specific information regarding government contracts. Transportation CS/CS/HB 1399 by Rep. Aubuchon (CS/CS/CS/SB 1978 by Sen. Baker) As noted under the bill summary for SB 682, HB 1399 and SB 1978 represented the session's principal transportation package, but were essentially dominated by a single issue -- that is, giving DOT the authority to complete the acquisition and operation of the Central Florida Rail Corridor. This initiative, which included both funding and broad- based policy issues, became a focal point for legislative debate until the final days of session. However, beyond this divisive part of the bill, HB 1399 also included issues that were directed at complying with new federal transportation requirements, including authorizing low-emission and other hybrid vehicles to use high occupancy vehicle (HOV) lanes. The bill also attempted to implement certain recommendations of the Strategic Aggregates Task Force, including directing DOT to work with local governments to prepare a Strategic Aggregate Resource Assessment (SARA) that would have, among other issues, required a comprehensive mapping of the state's aggregate resource deposits and an assessment of identifying how local zoning requirements would impact this resource. Finally, the bill would have increased the funding thresholds for local-state agreements that advance projects in DOT's 5-Year Work Program from $100 million to $500 million. Transportation Revenue Study Commission SB 1688 by Sen. Baker The bill would have created the Fiorida Transportation Revenue Study Commission to examine state, regional, and local transportation needs and to develop recommendations for funding those needs. As proposed, the commission was directed to report its findings to the Legislature by January 1, 2010. At a minimum, the report would have addressed: (1) The effect of emerging technology, alternative fuels, and fuel efficiency on the stability of existing transportation revenue sources; (2) The ability to fund state, regional, and local transportation needs in light of the state's investment policy supporting the Strategic Intermodal System (SIS); and (3) Suggested changes in the funding of existing state and local transportation programs. GROWTH. ENVIRONMENTAL PLANNING & AGRICULTURE Affordable Housing CS/CS/HB 699 by Rep. Aubuchon (CS/CS/SB 482 by Sen. Garcia) HB 699 represented the Legislature's principal housing package for 2008. Although the bill did not include any new programs, it did contain some significant policy changes for the Florida Housing Finance Corporation and for local governments who receive funds from the State Housing Initiatives Partnership (SHIP) program. Specifically, the bill expanded the definition of eligible housing to include manufactured housing constructed after June 1994. The bill also considered the aging stock of rental housing by placing an increased emphasis on funding for older rental properties that receive subsidies. It 54 increased the minimum SHIP allocation to counties to $500,000 per year and, in an effort to create an alternative incentive for affordable housing, the bill appropriated $75 million to be used in the existing Homeownership Assistance Program. The funds were targeted to counties and cities that do not impose impact fees or waive impact fees for affordable housing and intended to serve as subordinate mortgage funding for homebuyers. Affordable Housing Funding SB 74 by Sen. Geller (HB 5 by Rep. Saunders) This bill proposed removing the cap on the amount of documentary stamp tax revenues that are distributed into the State and Local Housing Trust Fund, which is currently capped at $243 million per year. Agricultural Enclaves CS/HB 1173 by Rep. Mayfield (CS/CS/SB 2246 by Sen. Baker) This would have created a new agricultural enclave provision in statute by adding "agricultural industrial centers" as a land use category under Ch. 163, F.S. The bill would have required local governments to identify existing centers by July 1, 2009, and to amend their comp plans by July 1, 2010, to establish agricultural industrial center economic overlay planning districts. It also created special provisions for Agricultural Industrial Center property owners by allowing them to apply for land use amendments that expanded the size of their operations by 200%, or 640 acres, whichever is less. Finally, the bill would have created an alternative application process that included a provision for the property owner to submit a land use amendment directly to DCA and precluded the department from using sprawl as a criterion to object to these types of amendments. Alternative Water Resource Projects SB 2602 by Sen. Bennett (HB 7151 by the Environment & Natural Resources Council and Rep. Mayfield) These bills would have authorized the transfer of rural land use credits for certain alternative water resource projects if a local government has established a rural land stewardship area. The bills also provided economic and other incentives for certain alternative water supply projects incorporated into the rural land stewardship area. The bills authorized water management districts to enter into agreements with private entities, regional water supply authorities, or water utilities to provide long-term consumptive use rights in exchange for contributions to alternative water resource development projects. Class I Landfills CS/SB 730 by Sen. Crist This bill initially prohibited the construction or expansion of a Class I'andfill within one mile of Class III surface waters. Class III surface waters are designated as "fishable/swimmable." The vast majority of Florida's surface waters are classified as Class III. The bill was targeted toward preventing the expansion of one landfill, but the initial bill language would have prevented landfills in almost 20 counties from ever 55 expanding, which would have made it much more difficult for those counties to manage solid waste. The bill was amended in committee to delete that language and instead provide for a study regarding the appropriate distance a Class I landfill should be located from Class III surface waters. There was also a provision in both versions of the bill that would have prevented DEP from approving an application for a Class I landfill or expansion if the applicant had, within the last three years, violated certain state laws or rules regarding hazardous or biomedical wastes. However, the bill did not have a companion, and it died in committee. Environmental Permitting CS/CS/SB 1242 by Sen. Jones This bill would have required DEP to conduct a study to develop a plan to implement parity in salaries for environmental permitting staff, and would have required DEP to develop a project management plan to implement the remaining phases of an e- permitting program. This bill would have prohibited local governments from specifying the format for a determination made by DEP or a water management district that a project meets certain requirements, and provided that a local government may not require further verification from DEP for certain activities that are exempt from permitting. The bill authorized DEP and local governments to maintain a list of projects or activities that applicants may consider for certain mitigation purposes, and provided that the repair or replacement of docks or piers are exempt from permitting requirements if the dock or pier being repaired or replaced is in the same location and the size does not exceed the dock or pier being replaced. SB 1242 did not have a companion, and died in committee. HB 7155 by the Environment and Natural Resources Council and Rep. Mayfield was amended midway through session to contain the provisions of SB 1242. The companion to HB 7155, SB 2406 by Sen. Bennett, was also amended to contain these provisions. Both bills contained a drastic mining preemption, although SB 1242 never contained any mining language. SB 2406 was voted down in committee, and HB 7155 did not move without a companion bill. Expedited Permitting CS/HB 147 by Rep. Schenck (CS/SB 402 by Sen. Fasano) These bills would have required DEP and the water management districts to adopt programs that created a 45-day expedited permitting process for businesses that have been identified by a municipality or county as a target industry business. This expedited permitting would have applied to wetland resource and environmental resource permits. The bills required a mandatory pre-application review process to reduce permitting conflicts by providing guidance to applicants regarding the permits needed from each agency and governmental entity, site planning and development, site suitability and limitations, facility design, and steps the applicant could take to ensure expeditious permit application review. 56 Florida Recreation Development Assistance Program SB 84 by Sen. Saunders This bill would have increased the number of grant applications that a local government may submit to DEP under the Florida Recreation Development Assistance Program (FRDAP) to three. It also would have increased the number of active projects expending grant funds during any fiscal year to four. Finally, it wouid have increased the maximum amount of a project grant that may be awarded to a local government under the program to $500,000. This bill did not have a companion and did not get a committee hearing this session. Florida Fish and Wildlife Conservation Commission Rule Challenge Procedures HB 433 by Rep. Needelman This bill would have addressed the lack of procedural due process that exists when FWC is exercising its constitutional authority. This constitutional amendment would have provided counties and other stakeholders the ability to challenge FWC rulemaking through the Ch. 120, F.S., administrative process. Unfortunately, it did not have a companion, and it did not get a committee hearing this session. Growth Management CS/CS/SB 474 by Sen. Garcia (CS/HB 7129 by the Economic Expansion & Infrastructure Council and Rep. Cannon) At the beginning of 2008, there was considerable optimism that a growth management bill would pass this year's Legislature. DCA, under the direction of Secretary Tom Pelham, held stakeholder meetings throughout 2007 in an effort to garner support for the department's legislative package. In brief, DCA had promoted initiatives that would boost urban development, curb sprawl, promote citizen participation, and place higher development standards for developing in coastal high hazard areas. The department's package was originally filed in the Senate, while the House elected to take a different approach. By mid session, however, the Senate's bill, filed as SB 474 by Sen. Garcia, Chairman of the Community Affairs Committee, included a broader range of issues, most of which were opposed by FAC. More specifically, the bill included the following provisions: blanket concurrency exemptions for all urban infill and redevelopment areas; mandatory density bonuses for affordable housing projects; a mandate that portable school facilities be calculated for concurrency purposes; a new agricultural enclave provision for rural industrial centers; revised development standards for coastal high hazard areas; a citizens planning bill of rights; and, in effort to consider alternatives to current transportation concurrency practices, a mobility fee study. As the legislative session began its final two weeks, SB 474 had been heard in only two committees and with limited public testimony. Meanwhile, the House established a process where separate committees worked to develop a single growth management proposal, focusing on rural economic development and urban concurrency. While that bill (HB 7129) contained similar provisions as SB 474 including concurrency exemptions in urban areas and a modified version of the Senate's citizens planning bill of rights, its impacts were viewed as being somewhat less problematic for counties. That said, FAC continued to oppose both bills, while working to add mitigating language to each in case 57 the bills passed. Specifically, in HB 7129, FAC had language inserted that clarified how impact fee credits should be applied when the proportionate share process is used and ensured that multi-modal districts were eligible under the state's alternative review process. Ultimately, due to the legislative calendar and significant discrepancies between both bills, neither passed their respective chamber. Onsite Wastewater Treatment CS/CS/HB 975 by Rep. Nelson (SB 570 by Sen. Constantine and SB 1482 by Sen. Geller) HB 975 by Rep. Nelson and SB 1482 by Sen. Geller initially financed a study relating to onsite wastewater treatment in the Wekiva area. This was controversial, as the money for the study came from the Water Protection and Sustainability Trust Fund. Projects had not previously been funded out of that money by bills or line items in the budget. Rather, all projects are subject to being prioritized by DEP according to a list of criteria. SB 1482 did not move, and HB 975 was eventually stripped down to contain only a grant program for onsite systems, making it more similar to SB 570 by Sen. Constantine, which was not objectionable. None of these bills passed, but a line item was included in the budget for the proposed study. Reclaimed Water Development SB 2764 by Sen. Dockery This bill would have provided that reclaimed water is available to a consumptive use permit applicant, and would have required water management districts to require the use of reclaimed water under certain circumstances. The bill provided that the use of reclaimed water is economically feasible if provided for a charge less than or equal to the charge for potable water provided by a water utility located in the permit applicant's service area. The bill authorized a local government or water management district to designate mandatory reclaimed water zones under certain circumstances. It also authorized water management districts to approve a permit application without requiring use of reclaimed water, and prohibited a water management district, DEP, or other state agency from basing its approval of a permit, grant, loan, or agreement on the designation of a mandatory reclaimed water zone. It also required water management districts to adopt rules to provide an offset to a reclaimed water provider where there exists a substitution of reclaimed water for existing water withdrawals. This bill did not have a companion and did not get a committee hearing this session. Recycling CS/HB 301 by Rep. Long (CS/SB 692 by Sen. Jones) These bills would have required each state agency, the judicial branch, and the state university system to collect and sell, to the greatest extent practicable, aluminum, glass, and plastic beverage containers, as well as other recyclable materials. Additionally, the same requirement would have been imposed upon organizations, associations, businesses or institutions operating in the state and receiving state funds, as well as public airports. There was an attempt to amend HB 301 with preemptive language that would have prohibited local governments from regulating certain plastic materials. 58 Neither of these bills passed, but the proposed amendment containing the preemptive language was eventually included in the energy bill, HB 7135, which passed. Seagrass CS/SB 660 by Sen. Bennett This bill would have created a pilot program to provide for the immediate stabilization and restoration of damaged seagrass beds in Brevard, Lee, Manatee, Monroe, and Pinellas counties, and to remediate the injury to or destruction of natural resources that depend on healthy and productive seagrass beds. The bill increased the number of members on the Florida Boating Advisory Council and created a non-criminal violation for careless operation of a vessei outside a marked channel in an aquatic preserve. OPPAGA would have been directed to evaluate the recreational marine industry and report back to the Legislature. FAC also monitored this bill as a potential vehicle for an airboat amendment that would have required local governments to pass airboat ordinances unanimously. However, no such amendment was ever filed to this bill, and the bill itself did not pass. Springs HB 31 by Rep. Boyd (SB 2078 by Sen. Oelrich and CS/SB 2394 by Sen. Saunders) There were varying approaches to springs legislation this session. HB 31 by Rep. Boyd and SB 2078 by Sen. Oelrich were identical bills that proposed to create the Florida Springs Stewardship Act and the Florida Springs Stewardship Task Force. These bills would have directed the task force to collect and inventory all existing data and to identify zones of influence for each of Florida's first magnitude springs, with assistance from all necessary state agencies. The task force also would have been directed to identify and list BMPs for land uses in the zones of Influence and to identify existing and potential sources of funding for implementing the BMPs. In addition, the task force would have been required to solicit public input and testimony and propose a program of increased emphasis on education and outreach regarding BMP implementation. SB 2394 by Sen. Saunders took a different approach to springs. This bill would have created a pilot program for the delineation of the springsheds for Silver Springs and Rainbow Springs in Marion County. As part of this pilot program, the DEP would have been directed to adopt springs protection zones, create BMAPs, and propose TMDLs for the delineated springsheds by dates certain. The bill would have established treatment levels for wastewater discharge and disposal within the adopted spring protection zones, and would have created new requirements for connecting to a wastewater utility. DACS would have been directed to implement BMPs to reduce nitrogen impacts to surface and groundwater. Under this bill, in areas where DEP adopts a springs protection zone, local governments would have been required to adopt a springs protection element as part of the local comprehensive plan. Future plan amendments would have been prohibited until adoption of the springs element. This bill also would have created the Florida Springs Stewardship Task Force. 59 Working Waterfronts CS/HB 877 by Rep. Needelman (SB 2294 by Sen. Dean) These bills provided that an owner of working waterfront real property may convey all rights to develop the property to the local government where the property is located for a period of seven years. The property appraiser would have been required to recognize the nature and duration of the conveyance when determining fair market value of the property. The intent of the legislation was to guarantee the maintenance of the parcel as working waterfront real property in exchange for a reduction in the taxable value of the parcel. This may have presented a constitutional problem, since it may have required property appraisers to appraise working waterfront at less than just value. This would require a constitutional amendment. The TBRC passed a resolution proposing a constitutional amendment that would provide for the assessment of working waterfront property based upon current use. This proposal will be on the ballot in November 2008. HEALTH & HUMAN SERVICES Coverage for Mental and Nervous Disorders CS/CS/HB 19 by Rep. Homan (SB 164 by Sen. Crist) This bill would have amended s. 627.6688, F.S., to create a second category of mandated offerings for mental health services. The offering would have to be made to the policyholder for an appropriate additional premium, as part of the application for a group hospital and medical expense-incurred insurance policy under a group prepaid health care contract or a group HMO contract. The bill specifically defined those mental health conditions that must be covered within the new mandated offering, generally including all diagnostic categories of mental health conditions listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders and as listed in the mental and behavioral disorders section of the current International Classification of Diseases. Relating to Homelessness CS/HB 241 by Rep. Culp (SB 1568 by Sen. Lynn) This bill would have established Housing First, which is an approach to homelessness that stresses the immediate return of individuals and families to independent living, as an alternative to the system of emergency shelter and transitional housing. The bill would have established a grant program to provide emergency financial assistance to families facing the loss of their current home due to financial or other crises and amended the current definition of the term "homeless" to include changes in the proposed federal HEARTH Act. It also sought to encourage local coalitions for the homeless to adopt the Housing First approach to ending homelessness and DCF along with the community-based care lead agencies to develop and implement procedures to reduce the number of young adults who become homeless after leaving the child welfare system. 60 Medicaid Provider Service Networks CS/HB 691 by Rep. Zapata This legislation would have authorized AHCA to contract with specialty provider service networks (PSNs) that exclusively enroll Medicaid recipients with psychiatric disabilities in non-Medicaid reform areas. The bill defined "psychiatric disability" and required that, should the Medicaid recipient fail to select a managed care plan, the agency assign a Medicaid recipient with psychiatric disabilities to such specialty PSNs, if one is available, in the geographic area in which the recipient resides. Similarly, in Medicaid reform pilot program areas, the bill would have required the agency to develop and implement a service delivery alternative for persons with psychiatric disabilities under specified circumstances. Additionally, the bill would have required the agency to take into account the extent of a recipient's psychiatric disability when assigning recipients who have not enrolled in a managed care plan within 30 days after eligibility is determined. The bill would have required that AHCA allow an open enrollment period for current Medicaid recipients meeting diagnostic criteria as soon as a specialty PSN becomes available in a geographic area, and that AHCA include information about specialty PSNs in its choice counseling materials. Relating to Mental Health and Substance Abuse HB 7085 by Rep. Galvano (SB 1150 by Sen. Storms) The bill would have created s. 394.9086, F.S., the Community Mental Health and Substance Abuse Treatment Crime Reduction Act. The act directed DCF in consultation with AHCA to create a community mental health and substance abuse forensic treatment system to divert people from state forensic hospitals and jails who are appropriate to receive competency restoration training in the community at much less cost than in state facilities. The system would also treat persons discharged from forensic hospitals to help them avoid re-entry to the criminal justice system. The forensic system would serve peopie who have frequent contact with the criminal justice system and are at risk of involuntary commitment. PUBLIC SAFETY Fireworks SB 2270 by Sen. Lawson, Jr. This bill was filed in response to the Senate Interim report that was conducted on fireworks in 2006, which also created the Fireworks Consumer Task Force. The Fireworks Consumer Task Force recommendations contained several provisions that FAC opposed. Illegal Aliens CS/SB 1086 by Sen. Bennett The primary intent of this legislation was to improve the expedited removal of incarcerated illegal or undocumented aliens to their countries of origin. The bill requires the Department of Corrections (DOC) and the Parole Commission to immediately initiate, coordinate, and establish agreements with multiple state, local, and federal 61 authorities to implement the United States Immigration and Customs Enforcement's Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program, and provides goals for this effort. This was Sen. Bennett's first attempt to address this growing statewide concern that greatly impacts the jail system. Juvenile Justice Recommendations from the Blueprint Commission CS/CS/CS/SB 700 by Sen. Crist (CS/HB 7087 by the Safety & Security Council and Rep. Needelman) In July 2007, Governor Crist authorized the creation of the Blueprint Commission to develop recommendations to reform the juvenile justice system. The Commission members represented a diverse team of experts in their field that related to the juvenile justice system appointed by Walter McNeil, who at the time was the Secretary of the Department of Juvenile Justice. The Commission met in 2007 throughout the state and issued a report entitled "Getting Smart About Juvenile Justice in Florida." This bill proposed implementing many of the 52 recommendations, in addition to several other policy changes. Specifically, the bill: . Included changes to reduce disproportionate minority contact (DMC) with the juvenile justice system. . Revised provisions related to risk assessment for detention placements. . Encouraged the diversion of first-time misdemeanant youth or youth age 10 or younger, and revised provisions relating to the criminal history records of minors. . Revised provisions related to supervision of child inmates in adult facilities. . Permitted DJJ to use outcome-based contracting and required outcome data for prevention programs. . Revised provisions related to the Juvenile Justice Circuit Boards and County Councils, including community notification of board vacancies and Board/Council composition, and eliminated the three-year limit on the receipt of Community Juvenile Justice Partnership grants. . Created and expanded the Redirection Program. . Revised zero tolerance policies for school-related referrals to law enforcement and, in certain circumstances, permitted counties to seek reimbursement from school districts for secure detention costs. (This appears to have been one of the primary reasons the legislation did not pass because the House refused to pull this language out and the Senate would not accept it.) . Required the Child in Need of Services (CINS) I Families in Need of Services (FINS) provider to demonstrate that it has considered certain types of providers to subcontract and deliver nonresidential services to eligible youth in areas with high ratios of juvenile arrests. The bill would have also appropriated $50,000 to DJJ in non-recurring General Revenue for the purpose of developing curriculum to be used for the certification of direct care staff of the department. This legislation failed on the last day of session in returning messages in the Senate. Hopefully next year it will be revived. 62 SECTION VII TASK FORCES I WORKGROUPS I COUNCILS CREATED TASK FORCES I WORKGROUPS I COUNCILS CREATED FINANCE. TRANSPORTATION & ADMINISTRATION Homeowners Bill of Rights Act CS/CS/SB 2860 and 1196 by Sen. Atwater and Sen. Geller (CS/HB 5057 by the Jobs & Entrepreneurship Council) Section 20 of this bill creates the Citizens Property Insurance Corporation Mission Review Task Force. The task force is composed of 11 members: . One member representing a property and casualty residential insurer that provides at least 150,000 homeowner's insurance policies in this state at the time of the creation of the task force. . One member representing a surplus lines insurance company. . Two members appointed by the President of the Senate. . One member representing a property and casualty commercial non-residential insurer. . One member representing a property and casualty residential insurer with fewer than 150,000 homeowner's policies in this state at the time of the creation of the task force. . Three members appointed by the Governor who are not employed by or professionally affiliated with an insurance company or a subsidiary of an insurance company, at least one of whom must be consumer advocates or members of a consumer advocacy organization or agency. . Two members appointed by the Chief Financial Officer representing insurance agents in this state. . One member representing Citizens Property Insurance Corporation selected by Citizens Chairman of the Board. . The Commissioner of Insurance Regulation or his or her designee. The mission of the task force is to analyze and report on changes needed to return Citizens Property Insurance to its former role as a state-created, noncompetitive residual market mechanism that provides property insurance coverage to risks that are otherwise entitled but unable to obtain coverage in the private market. The task force must submit reports by January 31, 2009, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The task force is funded by Citizens Property Insurance. Effective Date: 07/01/08. (Approved by the Governor on 05/28/08) Successor Plan for State Financial and Cash Management System HB 5043 by the Jobs & Entrepreneurship Council (CS/HB 1824 by General Government Appropriations) Section 1 of this bill establishes a task force headed by the Chief Financial Officer. The task force is to develop a strategic plan for a successor state financial and cash management system. The task force members include the executive director of the Agency for Enterprise Information Technology and the director of the Office of Policy and Budget in the Executive Office of the Governor. Any member of the task force can appoint a designee. The Chief Financial Officer is to submit the initial report, along with 64 draft legislation recommended to implement a standardized statewide financial and cash management system, by February 1,2009. Effective Date: 07/01/08. HEALTH & HUMAN SERVICES Limitation of Reimbursement Rates HB 5085 by the Policy and Budget Council (SB 1852 by Health and Human Services Appropriations) Among other provisions, this bill requires AHCA to set rates for hospitais, nursing homes, community intermediate care facilities for the developmentally disabled, county health departments, and prepaid health plans in a manner that results in no automatic cost-based statewide expenditure increase for two fiscal years beginning July 1, 2009. Section 5 of the bill requires the establishment of work groups to evaluate alternate payment methods. The composition of the workgroup members is not defined. However, AHCA is to provide a report to the Legislature by November 1, 2009. Effective Date: 07/01/08. PUBLIC SAFETY Workplace Safety CS/CS/HB 967 by Rep. A. Gibson (SB 652 by the Governmental Operations Committee and Sen. Lynn) Section 1 of the bill creates the Florida Public Task Force on Workplace Safety within the University of South Florida Safety Florida Consultation Program. The purpose of the task force is to issue recommendations on innovative ways by which the state may effectiveiy ensure that agencies and local governments comply with Occupational Safety and Health Administration standards. All members of the task force should be appointed on or before July 15, 2008, and hold its first meeting on or before August 15, 2008. The 15 member task force is composed of: . Five members appointed by the Governor, one of whom must be a representative of a statewide business organization; one of whom must be a representative of organized labor; one of whom must be a professional whose work focuses on safety, health, and environmental issues; one of whom must be a representative of the executive branch of state government; and one of whom must be an academic having demonstrated knowledge of pertinent issues related to occupational safety and health. The Governor will name one of his appointees under this subparagraph as chair of the task force. . Five members appointed by the President of the Senate, one of whom must be a representative of a statewide business organization; one of whom must be a representative of organized labor; one of whom must be a professional whose work focuses on safety, health, and environmental issues; one of whom must be from the Florida Association of Counties; and one of whom must be active in private-sector business. . Five members appointed by the Speaker of the House of Representatives, one of whom must be a representative of a statewide business organization; one of whom must be a representative of organized labor; one of whom must be a 65 professional whose work focuses on safety, health, and environmental issues; one of whom must be from the Florida League of Cities; and one of whom must be active in private sector business. The Task Force must issue its report and recommendations by January 1, 2009. The University of South Florida Safety Florida Consultation Program is responsible for the administration and staffing of the task force, travel expenses, and per diem for task force members. The task force is dissolved once the report is submitted. Effective Date: Upon becoming a law. Criminal Gangs CS/CS/HB 43 by the Policy and Budget Council (CS/CS/SB 76 by the Criminal Justice Committee, Sen. Atwater and Sen. Peaden, Jr.) Section 34 of the bill creates an 11-member Coordinating Council on Criminal Gang Reduction Strategies within the Department of Legal Affairs. The membership of the council is composed of the following: . The Attorney General or his or her designee. . The executive director of the Department of Law Enforcement or his or her designee. . The Commissioner of Education or his or her designee. . The Secretary of Children and Family Services or his or her designee. . The Secretary of Corrections or his or her designee. . The Secretary of Juvenile Justice or his or her designee. . The Director of the Office of Drug Control or his or her designee. . The Director of the Division of the Florida Highway Patrol or his or her designee. . The President of the Florida Sheriffs Association or his or her designee. . The President of the Florida Police Chiefs Association or his or her designee. . The President of the Florida Prosecuting Attorneys Association or his or her designee. The Attorney General will serve as chair of the council, and the executive director of the Department of Law Enforcement will serve as vice chair of the council. The council's duties include, but are not limited to, developing a statewide strategy to stop the growth of, reduce the number of, and render ineffectual criminal gangs in this state. The council is abolished June 30, 2009. Effective Date: 10101/08. Sentencing I Justice and Correctional Policies CS/CS/SB 2000 by Sen. Dockery This bill creates the Correctional Policy Advisory Council within the Legislature. The Council is a 1 O-member advisory body that is abolished July 1, 2011. The purpose of the council is to evaluate and make findings and recommendations on or before January 15th of each year regarding correctional policies, justice reinvestment initiatives, and laws affecting or applicable to corrections. All recommendations must be consistent with the goals of protecting public safety and providing for the most cost- effective and efficient use of correctional resources to the extent that such use is not in conflict with the public safety goal. This Council will naturally be discussing and advising the Legislature on recommendations on how to deal with the increased number 66 of inmates sentenced to a year and a day despite not qualifying for such a sentence according to the penal point code. The council consists of the following members: two senators; two representatives; a representative from the victim advocacy profession appointed by the Attorney general; the Attorney General or designee; the Secretary of Corrections or designee; one state attorney, one public defender, and one private attorney appointed by the Governor. Council members serve without compensation but are entitled to per diem and travel expenses. The Office of Legislative Services provides administrative staff support and EDR provides technical and substantive staff support. Although FAC does not have a direct voting appointment on the Council, we have been assured that it will be designated as an ex-officio member to represent local agencies to serve as technical assistance advisors. The council contains a Justice Reinvestment Subcommittee. The subcommittee is tasked with reviewing the availability of alternative sanctions for low-level drug and property offenders, the effectiveness of mental health and substance abuse diversion programs, the effectiveness of prison reentry practices, the feasibility of implementing a progressive sanctions system for probationers, the impact of jail overcrowding on the effectiveness of local alternative programs and sanctions, the effectiveness of supervision strategies, and the delivery of supervision and programs in neighborhoods that have a high proportion of supervised offenders. The council is required to develop a technical assistance agreement with the Justice Center of the Council of State Governments to work with the subcommittee to accomplish its duties. The technical staff that will be advising the Council from the Justice Center are some of the top national experts in the criminal justice field. The same advisors have assisted California and New York on restructuring their system, and most recently were credited with helping Texas redirect roughly $200 million dollars from prison expansion to diversionary drug treatment programs instead. Effective Date: 07/01/08. (Approved by the Governor on OS/28/08) 67 SECTION VIII TAXATION AND BUDGET REFORM COMMISSION REVIEW TAXATION AND BUDGET REFORM COMMISSION REVIEW The Florida Taxation and Budget Reform Commission (TBRC), created by section 6, Article XI, of the Florida Constitution, is required to meet once every 20 years beginning in 2007. The TBRC is composed of 25 voting members including 11 appointed by the Governor, 7 by the Senate President, and 7 by the Speaker of the House of Representatives, none of whom may be legislators when appointed. Additionally, the Senate President and the Speaker of the House each appoint two non-voting ex-officio members, all of whom shall be members of the Legislature. The TBRC began meeting in early 2007 and concluded its work on April 28, 2008 with the submission of 7 proposed constitutional amendments from 11 proposals to the Secretary of State. Florida's electorate will have the opportunity to approve or deny the proposed constitutional amendments at the general election in November. RLE Replacement I Sales Tax CP 2 by Commissioner McKay This proposal replaces the state required local effort for education beginning in FY 2010-11 with one or more of the following options: . Repeal of sales tax exemptions that have been determined not to serve a public purpose. . Increase of up to one percentage point to sales and use tax. . Spending reductions for other state budget components and revenue increases from economic growth attributable to lower property taxes. . Other revenues identified or created by the Legislature. Effective date: 01/06/09. Residential Property Assessment I Storm Hardening or Renewable Energy Devices CP 4 by Commissioner Margolis This proposal allows the Legislature to prohibit the consideration of wind-damage- resistance changes and improvements and the installation of renewable energy source devices in the determination of the assessed value of residential real property (effective 01/01/09). It also repeals the existing renewable energy source device exemption (effective upon approval of the voters). Working Waterfront Assessments CP 6, 8, 34 by Commissioners Wilkinson, Scott, and Lacasa These proposals establish that certain working waterfront properties are to be assessed based upon the current use of the property including: . Land used primarily for commercial fishing purposes. . Land accessible to the public and used for vessel launches that are navigable. . Marinas and dry stacks that are open to the public. . Water-dependent marine manufacturing facilities, commercial fishing facilities, and marine vessel construction and repair facilities and their support activities. 69 The assessments are subject to conditions and reasonable definitions as specified by the Legislature. Effective upon approval by the voters and applicable for assessments for tax years beginning 01/01/10. Ad Valorem Tax Exemption / Classification of Land for Conservation Purposes CP 15, 16 by Commissioner Yablonski These proposals require the Legislature to provide by law an ad valorem tax exemption for real property dedicated in perpetuity for conservation purposes including real property encumbered by perpetual conservation easements or other perpetual conservation protections. The proposals also require that land used for conservation purposes are to be classified and assessed solely on the basis of character or use for purposes of ad valorem taxation. Deletion of Blaine Amendment CP 20 by Commissioner Levesque This proposal deletes the provision stating that no revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. It also provides that any individual or entity may not be barred from participating in any public program because of religion. Effective date: 01/06/09. Classroom Funding CP 26, 40 by Commissioners Levesque and Turbeville Originally voted down but then revisited, CP 26 relates to private school vouchers. The proposal reverses legal precedent prohibiting public funding or private school alternates to public school programs without creating an entitlement. It also requires that at least 65% of school funding received by school districts is to be spent on classroom instruction rather than on administration. This amount does not include capital outlay. The proposal also provides that classroom instruction and administration must be defined by law. Effective date: Fiscal Year 2009-2010. Local Option Tax for Community Colleges CP 35 by the Governmental Services Committee This proposal requires the Legislature to authorize counties to levy local option sales taxes to supplement funding for public community colleges. It also provides that the tax may not be levied unless it is approved by the electors of each county served by the institution. If approved, the tax will sunset after five years but may be reauthorized by the voters. 70 Florida Association of Counties 100 South Monroe Street Tallahassee, Florida 32301 Office: (850) 922-4300 Legislative Fax: (850) 488-7501 Website Address: www.fl-counties.com 71