Agenda 05/28/2013 Item #16F4 5/28/2013 16.F.4.
EXECUTIVE SUMMARY
Recommendation to accept the Summary Report on the 2013 Legislative Session.
OBJECTIVE: To accept the 2013 Legislative Session Summary (attached)prepared by Collier
County state lobbyists Keith Arnold and Brett Bacot of the Fowler White Boggs firm.
CONSIDERATION: Fowler White Boggs represented the Collier County Board of County
Commissioners (BCC) and advocated on the county's behalf in support of the BCC-approved
2013 State Legislative Priorities.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary. This item requires majority support for approval.
RECOMMENDATION: That the Board accepts the 2013 Legislative Session Summary
prepared by Collier County state lobbyists Keith Arnold and Brett Bacot of Fowler White Boggs.
Prepared by Debbie Wight, Legislative Affairs Coordinator
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Collier County"s state lobbyist Keith Arnold of the firm Fowler White
Boggs will present their 2013 Legislative Session Summary.
Meeting Date: 5/28/2013
Prepared By
Approved By
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 5/20/2013 2:51:56 PM
C
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FOWLER 2012 SESSION SUMMARY
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To Our Clients and Colleagues:
We are pleased to present the enclosed 2013 Legislative Session Summary for your
review. We hope it will give you a general understanding of major legislative
developments in Tallahassee this year. Of the 1592 general bills filed for the 2013
Session, 259 passed the Legislature.
Again, we hope the summary provides you an overview of the major developments for
the 2013 Session. Any member of the Fowler White Boggs Lobbying Team would be
pleased to answers specific questions you might have about particular legislation.
Thank you,
Fowler White Lobbying Team:
Mac Stipanovich
Linda Shelley
Bob Butterworth
Jim Magill
Kim McGlynn
Keith Arnold
Brett Bacot
FOWLER WHITE BOGGS P.A.
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FOWLER Government Affairs Team
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x Linda Loomis Shelley(Tallahassee Managing Shareholder)has significant
�- experience in environmental and land use permitting before state, regional
and local entities and provides advice and assistance regarding Florida
administrative practice and litigation. Ms. Shelly has also served as General
Counsel for Governor Bob Graham, Chief of Staff to Governor Lawton
Chiles, and she served as Secretary for the Florida Department of
Community Affairs.
John "Mac" Stipanovich (Lobbying Team Leader) practices administrative
law representing entities before state government agencies, the Governor
and Cabinet, and the legislature. Mr. Stipanovich has served as Campaign
Director and Chief of Staff for Governor Bob Martinez, and Senior
Advisor for Governor Jeb Bush.
y: .
J. Keith Arnold is a fifth generation Floridian from Ft. Myers who served in
the Florida House of Representatives for 16 years, and at the age of 28
became the youngest majority leader in state history. Keith has represented
44... :
various clients before the state legislature and executive branch for 15 years.
Brett Bacot is a registered lobbyist with more than 14 years experience
a representing clients before state government, and during that time has
worked in various issue areas, specializing in healthcare, appropriations, and
,.:-.7.- local government issues.
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Karen A. Brodeen has extensive experience in administrative, land use,
- growth management and environmental law. Karen has also served
as Assistant General Counsel for the Florida Department of Community
Affairs, Department of Environmental Regulation, and Department of
V: Business Regulation.
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FOWLER Government Affairs Team
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Bob Butterworth has served the citizens of Florida in several capacities as
Broward County Sheriff, county judge, circuit judge, Director of Florida's
Motor vehicles, Mayor of Sunrise, Florida,Attorney General of Florida,and
Secretary of the Florida Department of Children and Families.
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Jim Magill has served as Director of Legislative Affairs for former Governor
_ Jeb Bush, Director of State Senate campaigns, and was named a 'Top
Republican in Florida' in 2009. Jim has over a decade of experience
`"$ representing clients before the Florida legislature, state agencies, and the
Governor and Cabinet. in various policy areas.
Kim McGlynn represents individuals and entities having interests before the
Florida legislature, state agencies, and the Governor and Cabinet. Among
.,--
other accomplishments, Kim has served in the Senate Majority Office and
Legislative Coordinator for the Florida Department of Lottery.
William D.Townsend practices in the areas of state and local taxation and
multi-state taxation. He has represented clients in various states on issues in
to administrative and judicial actions relating to sales, corporate income, B& 0
and telecommunications taxes, as well as state taxation of intellectual
property, electronic commerce taxation(E-commerce)and unclaimed
property(escheat)issues. Additionally, he represents clients on legislative
iff
tax matters.
Michael Underwood was a key official at the predecessor of the Florida
F `" Department of Financial Services and authored many provisions of Florida's
securities and banking laws. Since leaving government, he has become
n recognized as a national leader in financial services regulation, especially in
Florida. He represents securities broker-dealers, investment advisers,
mortgage brokers,financial institutions and affiliated individuals in civil
litigation, arbitration, regulatory investigations and enforcement actions.
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FOWLER Government Affairs Team
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-� F ` Jacob D.Varn has experience in environmental and land use law,
administrative and governmental law, and transportation law. Mr. Varn has
served as both Secretary for the Florida Department of Environmental
Regulation and Secretary of the Florida Department of Transportation.
Rex D.Ware focuses on state and local taxation, and state government
contracting. He regularly represents multi-state clients before the Florida
Department of Revenue and in litigation in circuit court and administrative
proceedings. He also assists clients in licensure, bid procurement and
disputes, and rulemaking proceedings, as well as in commercial litigation in
all Florida courts. In addition, Mr.Ware has served as Deputy General
a Counsel for the Florida Department of Revenue.
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FOWLER 2013 Legislative Summary
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Table of Contents
2013 Legislative Summary
Major Legislation That Passed
Finance&Taxation 3
Growth Management 5
Environment 7
Healthcare 9
Real Property 11
General Government 14
Professional Regulation 17
Judiciary 18
Education .. 19
Budget Summary ..20
Major Conforming Bills 23
Major Legislation That Failed
Internet Sales Tax .26
Impact Fee Moratorium
Firefighter and Police Pension Reform
Assisted Living Facilities
Parent Empowerment in Education 27
Transportation Package
Medicaid Expansion
FRS Pension Reform 28
Local Business Tax
Claims Bill Reform
2013 Bill Statistics .30
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2013 Major Legislation That Passed the 2013 Session
The 2013 Regular Session is in the books as lawmakers finished their work on Friday,
May, 3rd . The hankie dropped at 7:16 p.m., recapturing the spirit of good will that had
pervaded most of the Session, but that had been strained during the previous few days.
Most of the bills listed below had not been presented to or acted upon by the Governor at
the time this summary was prepared. The reader is advised to check on whether the bill
will become law by going to one of the Legislative websites to find out the status of the
bill in the gubernatorial review process.
FINANCE AND TAXATION
HB 85 Relating to Public-Private Partnerships—Effective date July 1, 2013.
This bill authorizes public-private partnerships for county road purposes; services to
preserve, maintain, or improve parks at least 20 acres in size which have contiguous
public facilities that seat at least 5,000 persons; school buildings at least 90,000 square
feet in size; and public service work with not-for-profit organizations and charitable
youth organizations. It also creates procurement procedures for solicited and unsolicited
public purpose projects, and a task force charged with developing a uniform process for
establishing public-private partnerships.
HB 277 Relating to Assessment of Residential &Non-Homestead Real
Property - Effective date July 1, 2013.
HB 277 encourages "renewable energy source devices" by enumerating the devices that
are exempt from the assessed value of residential properties, and specifies that the
exemption will only apply to renewable energy source devices installed on or after
January 1, 2013, to new and existing residential properties. This exemption will apply to
assessments made by property appraisers beginning January 1, 2014.
CS/HB 579 Natural Gas Motor Fuel-Effective January 1, 2014.
The bill requires any person selling natural gas fuel at retail in Florida to obtain a natural
gas fuel retailer license from the Department of Revenue. The bill replaces the annual
decal and fee with a tax on each motor fuel equivalent gallon of natural gas fuel. The bill
provides exemptions from the tax imposed by chapter 206 when used or purchased for
the following: Exclusive use by the United States or its departments or agencies; use for
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agricultural purposes, used to propel motor vehicles operated by state and local
government agencies; individual use resulting from residential refueling devices; and
purchases of natural gas fuel between licensed natural gas fuel retailers. The bill exempts
natural gas fuel from the state sales and use tax when the fuel is placed into the fuel supply
system of a motor vehicle.
HB 579 also provides a $25,000 per vehicle or up to $250,000 per year rebate for
converting commercial fleet vehicles to natural gas. The bill appropriates $6 million per
year for the next five years on the rebate program.
HB 1193 Relating to Taxation of Property -Effective upon becoming a law.
The bill deletes the requirement that property appraisers assess lands as nonagricultural
that have been zoned to a nonagricultural use at the request of the owner, where the board
of county commissioners finds that the continued agricultural use adjacent to urban
development will have a deterrent effect on the timely and orderly expansion of the
community, and the sale price of the land is more than triple its assessed agricultural
value. Only property appraisers will be able to reclassify lands and they must continue to
reclassify lands as nonagricultural after they convert to a nonagricultural use or cease to
have an agricultural purpose.
HB 4013 Tax Refund Programs -Effective date July 1, 2013.
The bill amends s. 288.1045, F.S., to remove the limitation which restricts a qualified
applicant from receiving more than $7 million in tax refunds in all fiscal years it
participates in the Qualified Defense Contractor and Spaceflight Business Tax Refund
program. The bill also amends s. 288.106, F.S., to remove the limitation which restricts a
qualified target industry business from receiving more than $7 million in refund
payments in all fiscal years it participates in the Qualified Target Industry Tax Refund
program, or more than $7.5 million if the project is located in an enterprise zone.
HB 7007 Economic Development -Effective upon becoming a law.
This bill contains one of the Governor's top priorities for the Session: the elimination of
the manufacturing sales tax. It also modifies many of the economic development statutes
and related programs and activities administered by the Department of Economic
Opportunity (DEO). The Office of Governmental Accountability and the Office of
Program Policy Analysis and Government Accountability (OPPAGA) must develop a
work plan that evaluates the economic benefits of the programs and activities, and submit
the results on a staggered three year schedule. Enterprise zones wholly or partially within
a Rural Area of Critical Economic Concern may apply to expand up to 3 or 5 miles if
certain criteria are met. The bill also creates within DEO the non-profit corporation
Triumph Gulf Coast, Inc., which must create and administer the Deepwater Horizon
Recovery Trust Fund for the benefit of the disproportionately affected counties.
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Industrial machinery and equipment will be exempt from sales tax when purchased by
eligible manufacturing businesses which is used at a fixed location within this state for
the manufacture, processing, compounding, or production of items of tangible personal
property for sale. The exemption will apply ONLY if the manufacturing activity
represents more than fifty percent of the activities conducted at the location where the
industrial machinery and equipment is located.
GROWTH MANAGEMENT
HB 203 Relating to Agricultural Lands -Effective date July 1, 2013.
This bill expands the applicability of the county prohibition on duplicative policies
limiting bona fide farm operations to any "governmental entity," which is defined to not
include water management districts, water control districts, and special districts created
for water management purposes. A governmental entity will be prohibited from charging
a fee on a specific agricultural activity of a bona fide farm operation if the activity is
subject to best management practices, interim measures, certain types of state regulations
adopted as rules, or express regulation by specified federal agencies.
HB 319 Relating to Community Transportation Projects -Effective upon
becoming a law.
The bill adds development agreements to the list of authorizations that allow an applicant
to invoke the provisions of Section 163.3180(5)(h); clarifies that a good faith offer to
enter into a binding agreement to pay or construct is sufficient; allows a local government
to pool contributions from multiple applicants for a planned improvement if it maintains
the contributions in a separate account; specifies that an alternative mobility funding
system may not be used to deny, time, or phase an application for site plan approval, plat
approval, final subdivision approval, building permits, or their functional equivalent if the
developer agrees to pay for identified transportation impacts; specifies that a mobility
fee-based funding system must comply with the dual rational nexus test applicable to
impact fees, and specifies that an alternative system may not impose any responsibility
for funding existing transportation deficiencies.
HB 357 Relating to Manufacturing Development—Effective date July 1, 2013.
This bill creates the Manufacturing Competitiveness Act for designated types of
manufacturers (NAICS Sectors 31-33); authorizes local governments to establish a local
manufacturing development program that provides for master development approval for
certain sites; requires the Department of Economic Opportunity (DEO) to develop a
model ordinance containing specified information and provisions; requires a local
manufacturing development program ordinance to include certain information; requires
DEO, in cooperation with participating agencies, to establish a manufacturing
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development coordinated approval process for certain manufacturers; and requires DEO
to develop materials that identify local manufacturing development programs and
requires Enterprise Florida, Inc. to distribute such material.
HB 537 Initiative or Referendum Process -Effective upon becoming a law.
HB 537 clarifies the prohibition on an initiative or referendum process in regard to
comprehensive plan amendments, map amendments, and development orders; clarifies
that the exception to the prohibition is limited to a local government charter provision in
effect on June 1, 2011, that specifically authorized an initiative or referendum process for
a local comprehensive plan or map amendment affecting more than five parcels of land;
and repeals the 2012 law relating to a presumption regarding an agricultural enclave.
SB 1106 Relating to Agritourism -Effective date July 1, 2013.
This bill provides that local governments may not regulate agritourism activity on land
classified as agricultural except during declared emergencies; excludes the construction
of new or additional structures or facilities intended to house, shelter, transport, or
accommodate members of the general public from the definition of agritourism; and
limits the liability of an agritourism operator resulting from the inherent risks of
agritourism activities under defined circumstances.
SB 1784 Relating to Military Installations -Effective date July 1, 2013.
The legislation provides the authority of the Board of Trustees of the Internal
Improvement Trust Fund (Board) to acquire nonconservation lands to buffer a military
base against the encroachment of incompatible adjacent land uses, subject to specific
appropriation; authorizes lands to be acquired through fee simple purchase or less than
fee interest purchase; directs the Department of Economic Opportunity to annually
recommend nonconservation lands for the Board's consideration; and directs the Board to
also consider the recommendations of the Florida Defense Support Task Force.
HB 7019 Relating to Development Permits—Effective date July 1, 2013.
This bill ensures that Florida complies with the National Flood Improvement Program by
requiring local governments to attach a disclaimer to development permits that all
necessary federal and state permits must be obtained before development begins. It also
contains the clarification to the prohibition against an initiative or referendum process
regarding any local comprehensive plan amendment affecting up to five parcels or any
development order. The bill also extends until October 1, 2013, the time in which a
permit holder may provide written notification of intent to extend by two years a permit
which has an expiration date from January 1, 2012 through January 1, 2014.
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ENVIRONMENT
SB 244 Relating to Water Management Districts -Effective date July 1, 2013.
SB 244 requires proposed water reservations and water bodies that may be affected by
water withdrawals in an adjacent water management district to be identified on a
district's annual minimum flows and levels (MFL) priority list and schedule; directs the
districts to provide technical information and staff support to FDEP when the department
proposes adoption of a reservation, MFL, or recovery or prevention strategy by rule; and
provides for joint planning between districts and affected regional water supply
authorities.
SB 364 Relating to Consumptive Use Permits for Development of Alternative
Water Supplies -Effective date July 1, 2013.
This bill allows permits for the development of alternative water supplies to be granted
for a 30-year period if there is reasonable assurance that the conditions for issuance will
be met for the duration of the permit. It further allows for extension of the permit if
construction of the project is bonded.
HB 375 Relating to Onsite Sewage Treatment and Disposal Systems -Effective
date July 1, 2013.
The bill revises requirements for maintenance entity service agreements for certain
engineer designed-systems; authorizes owner-occupied, single-family residences to be
approved and permitted as a maintenance entity for their own system if training is
affirmed by the manufacturer's approved representative; and provides that systems must
cease discharge by December 31, 2015, or reduce nitrogen by 70 percent to comply with
nitrogen standards.
HB 713 Relating to Water Quality Credit Trading -Effective date July 1,
2013.
This bill authorizes FDEP to implement water quality credit trading in any adopted basin
management action plans (not limited to Lower St. Johns River Basin), and clarifies that
participation in water quality credit trading is entirely voluntary. It also specifies that
FDEP may not participate in the establishment of credit prices.
SB 934 Relating to Stormwater Management Permits -Effective date July 1,
2013.
SB 934 requires that rules for the statewide environmental resource permit must provide
for conceptual permits and associated general permits for a municipality or county that
creates a stormwater management master plan for urban infill and redevelopment areas or *«
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community redevelopment areas; specifies that the master plan becomes part of the
conceptual permit; specifies that the conceptual permit and associated general permit
must not conflict with NPDES requirements or with implementation of TMDLs or
BMAPs; and specifies that conceptual permits may not expire for at least 20 years a
unless shorter duration is requested.
SB 948 Relating to Water Supply—Effective date July 1, 2013.
This bill requires the Department of Agriculture and Consumer Services (DACS) to
develop an agricultural water supply planning program with a planning period of at least
twenty years and requires each water management district's regional water supply plan to
include agricultural demand projections based on the best available data. It also adds
DACS, utility companies, landowners, and water consumers to the list of those who must
cooperate in meeting the water needs for rural and rapidly urbanizing areas.
HB 999 Environmental Regulation - Effective date July 1, 2013.
The legislation amends numerous statutes relating to environmental regulation and
permitting; prohibits local governments from requesting additional information from an
applicant more than three times unless the applicant waives the limitation in writing;
defines "first-come, first-served" as it relates to marina permits and specifies
requirements for the calculation of lease fees for certain marinas; provides that the water
management district or FDEP has the authority to approve the application which best
serves the public interest when competing consumptive use permits are pending;
prohibits government entities other than the water management districts, delegated
governments, or local county health departments from imposing certain requirements and
fees for the issuance of well permits; and ratifies certain leases in the Everglades
Agricultural Area previously approved by the Board of Trustees.
HB 1083 Relating to Underground Natural Gas Storage - Effective date July 1,
2013.
This bill establishes a regulatory framework for the storage and recovery of gas injected
into natural gas storage facilities, and creates related definitions, permit requirements, and
permit criteria. Natural gas storage facilities will require construction and operating
permits issued by FDEP, which must promulgate implementing rules before the first
permit can be issued. The permit criteria include safeguards to protect groundwater and a
rebuttable presumption that will hold a natural gas storage facility operator responsible
for pollution of a water supply within its lateral boundary.
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SB 1808 Relating to Numeric Nutrient Criteria - Effective upon becoming
a law.
This bill codifies the agreement between the US Environmental Protection Agency and
FDEP regarding setting numeric nutrient criteria (NNC) for flowing waters of the state;
directs FDEP to implement its adopted nutrient standards for streams, springs, lakes, and
estuaries in accordance with a specified document; directs FDEP to establish estuary
specific NNC for estuaries not already subject to FDEP NNC; and sets NNC for
chlorophyll a for non-estuarine coastal water by December 1, 2014.
HB 7065 Everglades Improvement and Management - Effective upon becoming
a law.
This bill makes a legislative finding that implementation of best management practices
(BMPs) by agricultural users effectively reduces nutrients in waters flowing into the
Everglades Protection Area; extends the agricultural privilege tax at $25 per acre through
2026, and decreases it in three steps to $10 from 2036 and thereafter; specifies that the
proceeds of the tax be used for design, construction and implementation of the Long-
Term Plan; and appropriates $12 million recurring General Revenue and $20 million
recurring funds from the Water Management Lands Trust Fund for the Restoration
Strategies Regional Water Quality Plan.
HEALTHCARE
HB 939 Relating to Medicaid Recoveries - Effective date July 1, 2013.
This bill modifies statutory provisions relating to fraud and abuse, provider controls, and
accountability in the Medicaid program; requires a change in a principal to be reported
by a Medicaid provider to AHCA; revises provisions relating to AHCA's onsite
inspection responsibilities; revises provisions relating to background screening; revises
provisions relating to settlements of Medicaid claims; provides procedures for contesting
amount of medical expense damages; expands the list of offenses for which AHCA may
terminate a provider from the Medicaid program; provides a limitation on the
information AHCA may consider when making a determination of overpayment;
specifies records a provider must present to contest overpayment; clarifies the provision
regarding accrued interest on certain payments withheld from a provider; deletes the
requirement that AHCA must place payments withheld from a provider in a suspended
account and revising when provider must reimburse overpayments; and revises
membership requirements for Medicaid and Public Assistance Fraud Strike Force to
allow for participation by designees.
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HB 1093 Relating to Volunteer Health Services -Effective date July 1, 2013.
This bill provides the Department of Health more flexibility to issue limited medical
licenses to out-of-state and retired physicians so that they can provide volunteer medical
services; allows health care providers to fulfill one hour of continuing education credit by
providing one hour of volunteer service to indigents, up to a total of 8 hours of such
volunteer service per licensure renewal period; provides that a government contractor
who volunteers services to low-income persons no longer is the one who must make
patient selection and initial referral determinations; deletes the requirement for patient
care to be approved by the government contractor; and directs the Department to adopt
rules to guide patient eligibility and referrals determinations.
HB 1159 Relating to Health Care Facilities—Effective upon becoming a law.
The bill provides a limited Certificate of Need (CON) exemption for skilled nursing
facilities within retirement communities that meet certain criteria, such as the Villages
and On Top of the World. It also allows qualifying specialty-licensed children's
hospitals with neonatal intensive care beds to provide obstetric services and up to ten
beds for labor and delivery. The Miami Children's Hospital meets the criteria for this
allowance. Hospitals within areas with limited.access to trauma centers are to be
designated as Level II trauma centers upon verification that they hold a trauma care
certificate from the American College of Surgeons. This provision is expected to
enhance trauma care in portions of Central Florida and the Panhandle. The bill also
creates the Cancer Treatment Fairness Act, which includes a requirement for health
insurance providers and health maintenance organizations that cover cancer treatment
medications to also cover oral cancer treatment medications.
HB 1842 Relating to Health Insurance -Effective upon becoming a law.
This bill authorizes the Office of Insurance Regulation to review forms and conduct
market conduct examinations for compliance with PPACA and to report potential
violations to the federal Department of Health and Human Services; provides that
PPACA compliance determinations do not affect the substantial interests of any party for
the purposes of Chapter 120; requires the registration of "navigators" (persons who
facilitate the selection of a qualified health plan) with the Department of Financial
Services and specifies qualifications; repeals provisions related to the Florida Health
Insurance Plan; provides for the future repeal of provisions relating to the Florida
Comprehensive Health Association.
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REAL PROPERTY
HB 73 Relating to Condominiums, Cooperatives, and Homeowners'
Associations—Effective date July 1, 2013.
This bill amends a wide variety of laws that pertain to condominiums, cooperatives, and
homeowners associations, which are regulated under Chapters 718, 719, and 620,
respectively. Each of those chapters is revised to allow members to copy, without
charge, association documents using a smart phone, tablet, portable scanner, or similar
technology; provides mechanisms for a unit or parcel owner to appeal a board's failure
to act on a recall of a board member and for a board member to appeal his recall; and
prohibits access restrictions to certain common elements. Several other changes revise
laws pertaining to cooperative and homeowners associations to more closely mirror those
regarding condominiums. Cooperative board member must either certify that they read
various association documents or take a state approved curriculum. A condominium
board member's two year term no longer will be subject to an annual vote. A person is
ineligible to serve on the board if he owes money to the association. The threshold that
triggers a condominium's need to file financial statements, instead of only a report of
cash receipts and expenditures ,is reduced from 75 units to 50 units. A member or parcel
owner of a homeowner's association who wishes to speak at an association meeting no
longer must give advance written notice.
HB 77 Relating to Landlords and Tenants—Effective date July 1, 2013.
This bill revises several statutory provisions regarding residential tenancies. It allows a
landlord to accept a partial rent payment without waiving his right to evict or sue, and
modifies the wording requirement regarding the security deposit disclosure. A lease will
not be able to waive statutory attorney fees.
HB 87 Relating to Mortgage Foreclosures—Effective upon becoming a law.
This bill streamlines the foreclosure process to expedite uncontested cases and cases
lacking legitimate defenses. It also allows a lienholder to initiate the foreclosure process.
The statute of limitations for deficiency claims on residential foreclosure actions will be
reduced to one year.
SB 112 Relating to Filing False Documents Against Real or Personal Property
-Effective date October 1, 2013.
This bill makes it a third degree felony to file in official records, with the intent to
defraud or harass another person, a document that contains materially false, fictitious, or
fraudulent statements which purports to affect an owner's property interest. A person
who commits a subsequent offense commits a second degree felony. If the perpetrator
was a public employee or officer, incarcerated or on probation, or the illegally filed
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document caused a financial loss to the property owner, the felony degree will be
increased. If the document is a fraudulent constriction lien, the offender will be charged
under the Construction Lien Law. The bill also creates civil remedies for damages and to
nullify materially false, fictitious, or fraudulent statements in filed documents.
SB 120 Relating to Condominiums—Effective upon becoming a law.
This bill clarifies that condominium units are created when the declaration of
condominium is recorded and the units may be subject to assessments starting from that
date. It further allows a developer to record a declaration and begin sales without
commencing certain statutory time periods. Several statutory time periods are extended
or revised to commence based upon a later event than the declaration recording.
HB 229 Relating to Land Trusts -Effective upon becoming a law.
The legislation clarifies the distinction between a land trust and a general trust. The
• definition of"land trust" is revised to incorporate a description of the duties of a trustee
for a land trust, which are largely ministerial. The bill incorporates various land trust
practices and improvements to existing law with the intent to encourage the use of land
trusts in real estate transactions.
HB 267 Relating to Real Property Liens and Conveyances -Effective October
1, 2013.
The bill removes the warranty deed requirement for a blank space to provide the
grantee's social security number. It also requires liens filed by a governmental entity or
quasi-governmental entity against real property for an improvement, service, fine, or
penalty to be recorded in the county's official records. The recorded notice of lien must
include certain required information.
SB 736 Relating to Limitations Relating to Deeds and Wills -Effective date
October 1, 2013.
This bill expands the scope of the five year limitation of action for challenging a
defective deed or will conveying an interest in real estate. The statute adds a five year
window to claim lack of a legal power of attorney. The bill also requires those affected
by the amendment to file a claim on or before October 1, 2014, after which time the
unchallenged defect will be deemed cured.
HB 833 Relating to General Assignments—Effective upon becoming a law.
This bill provides greater guidance for the administration of a debtor's insolvent estate
where the debtor has made a general assignment of estate assets to an assignee. A
"negative notice" procedure is created that allows an assignee to provide notice to
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interested parties of its intended action. If no objection is filed and served within 21
days, the assignee may proceed with his noticed action without a hearing. The amount of
a bond required by an assignee must be $25,000 or double the assets' liquidation value,
whichever is higher. An assignee may conduct discovery to assist it in determining
whether to pursue a future claim or cause of action. The amount of time during which an
assignee may conduct the business of its creditor is expanded from 14 days to 45 days.
Additional time can be gained through the "negative notice" process or court order. A
procedure is established for an assignee to follow if it chooses to reject an unexpired
lease of non-residential property or personal property.
HB 903 Relating to Adverse Possession -Effective date July 1, 2013.
This bill adds more requirements to acquire title to real property by adverse possession.
A claimant must pay all taxes and special assessment liens that accrue on the property. A
person may not apply for title through adverse possession for more than one Florida
property at the same time. A claimant must maintain the property without entering any
structure on the land until the adverse possession period ends. It will be a crime to enter
or occupy a structure solely to make a claim of adverse possession before filing a return
with the property appraiser or to offer for lease a property claimed through adverse
possession.
SB 1770 Relating to Property Insurance—Effective date July 1, 2013.
This bill revises several insurance laws, including statutes specific to Citizens Property
Insurance Corporation (Citizens). The bill provides a staggered schedule for phasing out
coverage by Citizens for residential structures and condominium units with a replacement
cost over $700,000. Citizens residential coverage will continue to be available in counties
lacking a reasonable degree of competition, however only for dwellings with a
replacement value up to one million dollars. Any major structure seeking a permit on or
after July 1, 2014 for new construction or substantial improvement will be ineligible for
Citizens insurance if it will be located seaward of the coastal construction control line or
within the federally designated Coastal Barrier Resources System.
HB 7119 Relating to Homeowners' Associations and Community Association
Managers-Effective date July 1, 2013.
This bill provides additional procedures and requirements for homeowners associations,
which are not directly regulated by any state agency. Records will be required to be kept
for at least 7 years, shall be made available within 45 miles of the community or within
the same county no more than 10 business days after a written request, and the maximum
charge for copies is dropped from 50 cents per page to 25 cents per page. Inspection may
be provided through the interne. Members may copy records electronically with
portable devices, for which no fee may be imposed. On or before November 22, 2013,
each homeowners' association must file a report with the Department of Business and
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Professional Regulation which contains certain minimum information. Directors and
officers will be required to conform to similar requirements that apply to their
counterparts in condominium associations, including certifying that they have read the
governing documents and policies or took the state's educational curriculum. The
association will be required to maintain insurance or a fidelity bond for every person who
controls or disburses its funds. The bill also adds scenarios under which control of the
board may transition from the developer to the nondeveloper parcel owners, including
two years of construction or sale inactivity, developer abandonment, or bankruptcy filing.
A developer controlled board may not increase assessments by more than 15 percent
without a majority vote of non-developer members.
GENERAL GOVERNMENT
SB 2 Relating to Ethics - Signed by Governor; effective date May 1, 2013;
Chapter No. 2013-36, Laws of Florida.
This bill requires the Ethics Commission to scan public financial disclosure forms and
provide them online in a searchable format. All filers will be required to file online. The
statute of limitations for the Ethics Commission to collect an unpaid financial disclosure
fine increases from 4 to 20 years and a garnishment process is created for such unpaid
fines. A filer may have a certified public accountant prepare and file his disclosure form,
which shall provide the filer a limited "safe harbor" from errors. Agency vendors are
added to the list of those from whom a reporting individual or procurement employee
may not accept any gifts or honoraria with a value over $100. The bill also allows a
public officer e to create blind trust for his assets and places certain requirements on the
trust, including disclosure of the blind trust as an asset. All constitutional officers will be
required to receive ethics training. Former legislators will be barred from lobbying any
executive branch agency for two years after leaving office. Certain public officers will
be authorized to refer possible ethics violations to the Ethics Commission.
SB 4 Relating to Public Records and Meetings-Effective date May 1, 2013.
This bill is linked to the portion of SB 2 that authorizes specified public officers to refer
possible ethics violations to the Ethics Commission. It also creates a temporary public
records exemption for the written referrals of possible ethics violations and their resulting
preliminary investigations.
SB 50 Public Meetings -Effective date October 1, 2013.
The bill requires members of the public to be given a reasonable opportunity to be heard
on a proposition before a board or commission. However, the opportunity to be heard
does not have to occur at the same meeting at which the board or commission takes a
single official action if the opportunity occurs at a meeting that is during the
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decisionmaking process and is within reasonable proximity in time before the board or
commission takes official action. The bill also provides that the opportunity to be heard
is not required in emergency situations if compliance would cause an unreasonable delay
or as to ministerial acts such as approval of the minutes and ceremonial proclamations,
among other exceptions. Whenever an action is filed against a board or commission to
enforce the provisions of the act, the court must assess reasonable attorney's fees against
the appropriate state agency or authority if the court determines that the defendant to such
action acted in violation of the act, and may assess attorney fees against the individual
filing such an action if the court finds that the action was filed in bad faith or was
frivolous. The bill provides that any action taken by a board or commission that is found
to be in violation of the act is not void as a result of such violation.
SB 52 Relating to Wireless Communications While Driving—Effective date
October 1, 2013.
This bill makes it illegal to send or receive text messages or other data with a hand held
communications device while operating a moving vehicle. A first violation is a
nonmoving offense. A second violation within 5 years will be a moving offense. If a
crash results from an unlawful use of a cellphone, six points will be added to the
violator's driving record. Billing records and oral or written evidence of text messages
will be admissible to show that a violation occurred
HB 155 Relating to Prohibition of Electronic Gambling Devices - Signed by
Governor;Effective date April 10, 2013; Chapter No. 2013-002.
This bill outlaws "Internet Cafes" and clarifies laws regarding slot machines, charitable
drawings, game promotions, and amusement machines. The definition of slot machine is
updated to no longer require coin insertion and to apply to network based machines. Slot
machines are prohibited, regardless of whether the outcome is determined by skill or
chance or whether free play is available. A rebuttable presumption is created that a
device is a prohibited slot machine if it displays images of games of chances, requires any
payment or contribution, and awards anything of value. Charitable drawings of chance,
games that promote products or services, and amusement machines at arcades and truck
stops which involve player skill are not considered prohibited gambling.
HB 269 Relating to Building Construction—Effective date July 1, 2013.
This bill requires state agencies, local government, and school boards to specify in public
works bids that Florida forest products must be used for any wood components if the
Florida products are available and at an equal price, fitness, and quality.
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SB 336 Relating to the Tourist Development Tax—Effective date July 1, 2013.
This bill clarifies that a local option tourism development tax automatically expires,
either when the facility's bonds are retired or its agreement to operate or maintain
expires, whichever is later.
SB 534 Relating to Publicly Owned Defined Retirement Plans—Effective date
July 1, 2023.
This bill declares that the State of Florida is not liable for any current or future financial
shortfall in any local government retirement plan. It also creates new reporting and
online posting requirements for public pension plans other than the Florida Retirement
System.
HB 569 Relating to Campaign Finance—Signed by Governor; effective date July
1, 2013; Chapter No. 2013-37, Laws of Florida.
This bill changes several aspects of Florida's campaign contribution laws. It eliminates
Committees of Continuous Existence and amends several of the maximum campaign
contributions. The bill allows unlimited contributions made to a Political Committee
(PC) and limits contributions made by a PC or individual to $1,000 or $3,000 if the
candidate is seeking statewide office or Supreme Court justice retention. It also revises
laws regarding the filing of campaign finance reports and the disposition of surplus
campaign funds.
HB 585 Relating to Law Enforcement—Effective date July 1, 2013.
This legislation is the Florida Department of Law Enforcement's (FDLE) legislative
package and amends a wide range of miscellaneous statutes addressing law enforcement
issues. The bill authorizes local governments to require criminal background checks for
security or public safety purposes on those who may have direct contact with persons or
public facilities, such as taxi drivers, tow truck operators, delivery persons, and repair
persons. The bill also prohibits secondary metal recyclers from purchasing more than
two lead acid batteries in a single purchase or from the same person in a single day.
HB 655 Relating to Employment Benefits—Effective date July 1, 2013.
This bill prohibits local governments from requiring employers to provide a higher wage
or additional employments benefits than are mandated by federal or state law.
SB 674 Relating to Animal Shelters and Animal Control Agencies -Effective
date July 1, 2013.
SB 674 requires all public and private animal shelters to compile and maintain records on
dogs and cats that they receive, including their disposition. These records will be
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available for public inspection. The legislative goal is to be able to determine which
programs result in higher adoption rates and lower euthanasia rates.
HB 731 Relating to Public Records/Spouses & Children of Law Enforcement
Personnel—Effective date October 1, 2013.
This bill creates a public records exemption for the names of spouses and children of
specified active or former sworn or civilian law enforcement personnel, including state
attorneys and statewide prosecutors. The exemption will be repealed on October 2, 2018,
unless the Legislature saves it from repeal through reenactment.
HB 7013 Relating to Elections—Effective upon becoming a law.
This bill requires a minimum of 8 days and no more than 14 days for early voting in any
election that includes a state or federal race, between 8 and 12 hours per day. The
specified types of locations that may offer early voting is expanded to include
fairgrounds, civic centers, courthouses, county commission buildings, stadiums,
convention centers, government, owed senior centers, and government, owned
community centers. A supervisor of elections may also designate one non-specified early
voting location in order to provide voters in that portion of the county an equal
opportunity to vote.
HB 7087 Relating to the Department of Agriculture and Consumer Services—
Effective upon becoming a law.
This bill creates or revises various laws regarding the Department of Agriculture and
Consumer Services (DACS), including requirements for prescribed burns. The bill also
specifies that DACS, in cooperation with the Florida Fish and Wildlife Conservation
Commission, shall be the lead managing agency for the Babcock Ranch Preserve. After
the management agreement expires, Lee County will retain ownership and management
responsibilities of the Lee County portion of the Babcock Ranch Preserve. HB 7087 also
authorizes both the Lee County and Charlotte County Boards of County Commissions to
appoint a board member to the advisory board.
PROFESSIONAL REGULATION
SB 166 Relating to Annuities -Effective date October 1, 2013.
This bill provides that recommendations relating to annuities made by an insurer or its
agents apply to all consumers, not just to senior consumers; requires recommendations
for the purchase or exchange of annuities to be based on reasonable grounds to believe
that the recommendation is suitable for the consumer and is beneficial to the consumer;
increases the period of time from 14 to 21 days that an unconditional refund must remain
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available with respect to certain annuity contracts; makes such unconditional refunds
available to all prospective annuity contract buyers without regard to the buyer's age; and
requires insurers to adequately supervise annuity agents and transactions.
HB 665 Relating to Licensure by Office of Financial Regulation—Effective
date October 1, 2013.
This bill authorizes, rather than requires, the Office of Financial Regulation to deny a
mortgage broker license application if the applicant's mortgage broker license in another
state was revoked. It also revises the fingerprint requirements for securities and money
services business applicants.
HB 667 Relating to Real Estate Brokers & Appraisers -Effective upon
becoming a law.
The bill amends Chapter 475 to comport with policies of the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council and the Appraisals Qualifications
Board. It also provides that a disciplinary action against a primary broker's license also
will apply to other licenses that he held at the time the final order becomes effective.
HB 783 Relating to Branch Offices Conducting Securities Transactions—
Effective date October 1, 2013
This bill removes authority of the Office of Financial Regulation to grant or deny
applications for registration of branch offices of securities dealers and investment
advisers and provides instead for notice filing with the Office of Financial Regulation
when branch offices are opened.
JUDICIARY
SB 718 Relating to Family Law; Alimony and visitation.— Vetoed by the
Governor on May 1, 2013.
The bill redefines the term "marital assets and liabilities" for purposes of equitable
distribution in dissolution of marriage actions; provides for the priority of bridge-the-gap
alimony, followed by rehabilitative alimony, over any other form; provides that the
person seeking alimony has the burden of proof of demonstrating need and the other
party's ability to pay; creates a rebuttable presumption that both parties would have a
lower standard of living after the dissolution; changes the duration of marriage
definitions from 0-7 years (short-term), 7 to 17 years (moderate-term), 17 and over(long-
term), to 0-11, 11-20 and over 20; creates a rebuttable presumption against awarding
alimony for a short-term marriage, no presumption for a mid-term marriage, and a
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presumption in favor of an award in a long-term marriage; limits an award of alimony to
25 percent of payer's gross monthly income and 40 percent during temporary period;
provides that the income and assets of a paying spouse's subsequent spouse or person
with whom the paying spouse is residing are generally not relevant to modifications; and
provides that equal time-sharing with minor children is in the best interest of the child
unless the child would be endangered, the distance between parental residences is
impracticable, or domestic violence has occurred.
HB 7015 Relating to Expert Testimony—Effective date July 1, 2013.
This bill amends the Florida Evidence Code to adopt a variation of the Daubert standard
regarding expert witness testimony, thereby rejecting the Frye standard previously
applied by Florida courts. Under the new standard, a witness qualified as an expert by
knowledge, skill, experience, training, or education may testify in the form of an opinion
if it is based on sufficient facts or data; is the product of reliable principles or methods;
and the witness has applied the principles or methods reliably to the facts at issue in the
case.
EDUCATION
SB 1076 Relating to K-20 Education - Signed by Governor April 22, 2013;
Effective date July 1, 2013; Chapter No. 2013-27.
This bill provides for comprehensive K-20 career and education planning. It
substantially rewords the student assessment program for public schools; provides
requirements for industry certifications, an industry certification funding list, and a
postsecondary industry certification funding list for distribution of funding to school
districts and Florida College System institutions; creates the preeminent state research
universities program; establishes the Complete Florida Degree program; and revises the
formula upon which performance funding for state universities is based and awarded.
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Budget Summary
After several years of declining state revenues, recent collections and estimates are up
and state economists predict tax collections will grow 4% throughout the 2013-2014
fiscal year, an increase of $1 billion over the current fiscal year. With that positive
economic outlook, lawmakers crafted the FY 2013-14 Budget with funding increases
rather than reductions. The Legislature passed the final $74.5 billion budget on Friday,
May 3rd, while increasing reserves by approximately$900 million to $2.8 billion.
Lawmakers funded raises for teachers ($480 million), one of Governor Scott's top
legislative priorities. State workers also got a raise ($213 million) for the first time in six
years. Funding for higher education ($300 million) and K-12 ($1.3 billion) was
increased, and Governor Scott got the tax exemption on the purchase of equipment used
in manufacturing, his other top priority. The Sales Tax Holiday was also approved,
providing for a three-day sales tax holiday beginning August 2, exempting clothing,
school supplies, and personal computers for non-commercial use.
Below is a section by section summary of the 2013-14 FY State Budget:
Total Budget: $74.5 billion ($26.8 billion General Revenue; $47.7 billion Trust
Fund)
Total Reserves: $2.8 billion
• $1.4 billion Working Capital
• $214.5 million to repay Budget Stabilization Fund(third of five payments)
• $708.3 million Budget Stabilization Fund
• $499.3 million Lawton Chiles Endowment Fund
(Total Reserves as a Percentage of General Revenue: 9.7%)
EDUCATION
Total: $18.5 billion ($14.2 billion GR; $4.3 billion TF)
Total Funding—Including Local Revenues: $28 billion($18.4 billion state; $9.6 billion
local)
Early Learning Services
Total: $1 billion ($557.1 million GR; $448.2 million TF)
Public Schools/K12 FEFP
Total Funding: $18.3 billion ($10.5 billion state funds; $7.8 billion local)
• FEFP Increase is $1.1 billion or 6.12%
• Enrollment Workload Increase—$70 million
• Instructional Personnel Salary Increase—$480 million
• $250 per teacher for supplies
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State University System
Total: $4.0 billion($2 billion GR; $239.8 million TF; $1.8 billion tuition/fees)
• Return Universities to Prior Year Funding Levels–$300 million
• Performance Funding for High Demand Programs–$65 million GR
• University Research Preeminence–$30 million GR (UF and FSU)
Private Colleges
Total: $116.4 million GR
• Florida Resident Access Grant (FRAG) - $2500 per student for FRAG eligible
colleges before 2010 and $2071 per student for institutions FRAG eligible after
2010
HEALTH AND HUMAN SERVICES
Total: $31,144.2 million($7,836.8 million GR; $23,307.4 million TF)
• Nursing Home Care–2% Increase–$235. Million($54.3 million GR, $180.7
TF)
• Medicaid Price Level and Workload– $32.8 million GR; $933.4 million TF
• Increased Rates for Primary Care Practitioners—$677.7 million
• DRG's Transitional Funding–Hospital Reimbursement Adjustment–$88
million
• Graduate Medical Education (GME) Statewide Medicaid Residency Program—
(270 residents at$100,000/resident) $80 million
• Resolve Home/Community Based Services Waiver Current Year Deficit— $17
million GR; $23.2 million TF
• Serve Additional Clients through the Home/Community Based Services Waiver
(approximately 1,000 clients) —$15 million GR; $21.3 million TF
• Increase Community Based Mental Health and Substance Abuse Treatment
Funding—$23.2 million GR; 9.2 million TF
• Children's Community Mental Health/Substance Abuse Action Team Pilot
Programs—$4.7 million GR; $2.1 million TF
• Cancer Research Endowments—$3.3 million GR–Shands Hospital; $3.3 million
GR - Moffitt Cancer Center; and$3.3 million GR - Sylvester Cancer Institute
• Heart Institute at the University of South Florida— $2.6 million TF
• Program for the All Inclusive Care for the Elderly (PACE)—an additional 325
slots funded
TRANSPORTATION, TOURISM AND ECONOMIC DEVELOPMENT
Total: $11.3 billion($174.2 million GR; $11.1 billion TF)
• Transportation Work Program–$8.67 billion TF
• Intrastate and Arterial Highway Construction–$3.6 billion TF
• Right-of-Way Land Acquisition–$725 million TF
➢ Seaport Development Grants–$243 million TF
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➢ Rail Development Grants— $184 million TF
• Intermodal Development Grants—$52 million
➢ Public Transit Development Grants—$421 million TF
• Bridge Construction—$290 million TF
• County Transportation Programs (Including SCRAP & SCOP)—$152
million TF
Coast to Coast Connector Trail—$50 million TF
• Economic Development Road Fund—$15 million TF
• Transportation Disadvantaged Funding - $111 million in GR and TF dollars,
which is roughly a$12.6 million increase over last year to fund transportation for
the elderly, medically fragile, and underprivileged. A study also included in
proviso allocates $200,000 to assess unmet need statewide for TD services and to
review existing requirements for background screenings of direct providers was
also passed in proviso.
• Economic Development Partners—$106.6 million
Enterprise Florida— $18.1 million
➢ VISIT FLORIDA—$63.5 million
• Space Florida—$19.5 million Institute for the Commercialization of
Public Research—$5.5 million
• Economic Development Tools—Quick Action Closing Fund—$45 million
Affordable Housing Funding from Mortgage Settlement
• $25 million for reduced rent on new or existing rental units for the elderly through
the State Apartment Incentive Loan Program (SAIL)
• $25 million for reduced rent on new or existing rental units for individuals with
disabilities through SAIL
• $10 million for the construction or rehabilitation of units through SAIL
• $40 million for the State Housing Initiative Program (SHIP)
• $10 million to the Florida Housing Finance Corporation (FHFC) for competitive
grants to provide housing for homeless persons
• $10 million to the FHFC for competitive grants for housing projects targeting
persons with developmental disabilities
GENERAL GOVERNMENT
Total: $4.9 billion ($591.9 million GR; $4.4 billion TF)
• Everglades Restoration $70 million TF (includes $32m in CS/HB 7065)
• Springs Protection $10 million
• Land Acquisition for Military Buffers $10 million
• Land Acquisition $10 million GR and $50 million from Surplus Land Proceeds
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• Beach Restoration $37.5 million ($18.2m GR and$19.2 million TF, includes
reversions)
• Water Projects $59.5 million
• Hybrid Wetlands Treatment Project$5.5 million
• State Parks Maintenance&Repairs $19.5 million
• Petroleum Tanks Cleanup Program $125 million
• Water Conservation and Best Management Practices $3.3 million
*Budget details provided by Florida House and Senate staff analyses.
Major Budget Conforming Bills
In years past, the Legislature inserted major pieces of legislation in what are called
conforming bills. The original intent of these bills were to conform statutes to changes in
the annual state budget. Lawmakers were fond of passing legislation in conforming bills
due to many reasons, including the unique process these bills travel through the
Legislature. Conforming bills are part of the budget conference process, so they do not
travel through committees for public scrutiny and the amendatory process, but rather are
created behind closed doors and accepted during various offers between the House and
Senate, limiting their exposure to lawmakers and the public. Once the bills are agreed to
during conference, they cannot be amended.
In previous Sessions, 40-plus conforming bills were passed, many containing changes in
general law not vetted by the vast majority of lawmakers. This year, however, House and
Senate leaders limited the number (15) and content of bills to strictly adhere to budget
items. Below are the major conforming bills passed this Session.
SB 1512 - Clerks of Court
The bill removes the clerks of court budget from the state budget and increases revenues
to allow the clerks to be fully funded similar to the status prior to 2009.
It also provides a specific amount of collected revenues for the clerks to spend for the
period beginning July 1, 2013, and requires the budget to be approved by the Legislative
Budget Commission by October 1st of each year beginning in 2014.
SB 1520-Medicaid
The bill deletes current law that directs the Agency for Health Care Administration
(AHCA) to set inpatient hospital rates based on allowable costs. It requires the use of
diagnosis-related groups (DRGs) for inpatient hospital reimbursement, implementing the
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methodology passed last Session, and allows DRG reimbursement to be modified under
the state budget which appropriates $88 million for the transition to DRGs. In a related
budget item, the Legislature agreed to lower the percentage of Inter Governmental
Transfers (IGTs) diverted from 45% to 10% during budget conference. The IGT
diversion will redistribute 10% of the federal and local tax dollars from the public safety
net hospitals which generate the local funds, to hospitals statewide.
The bill also creates the Statewide Medicaid Residency Program in AHCA. For this
program, graduate medical education (GME) dollars related to Medicaid are removed
from regular hospital reimbursement payments and instead will be subject to a formula-
based distribution. Each hospital participating in the program will receive an annual
allocation determined by a calculation of the hospital's percentage of total residents and
the hospital's percentage of total Medicaid inpatient reimbursement.
Lastly, SB 1520 revises current county Medicaid contribution methodology after both
chambers reached a compromise with the Governor and counties. The provisions include:
• Basing county contribution percentages on 2012-13 actual collections for the first
two years and then transitioning to percentages based on county Medicaid
enrollees over 5 years.
o Year 1: Sets the total county contribution at$269.6M using a 100%
utilization-based formula
o Year 2: Sets the total county contribution at $277M using a 100%
utilization-based formula
o Years 3-7: Grows the total county contribution at 50 percent of growth in
state Medicaid expenditures and transitions from a utilization- to an
enrollment-based formula.
SB 1514 -Education Funding
SB 1514 conforms statutes to specific appropriations in the budget which include
authorizing school districts and virtual charter schools to provide virtual courses for a
student in the summer for course completion when the student does not complete the
virtual course by the end of the regular school year. It also allows full-time and part-time
school district virtual instruction programs and removes limitations to students taking
virtual courses in another school district.
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SB 1516- Corporate Income Tax
The bill provides for the following:
• Florida's Corporate Income Tax Code. Florida's corporate Income Tax Code
uses the federal Internal Revenue Code as the starting point for determining a
corporation's income for Florida corporate income tax purposes. The bill updates
the Florida corporate Income Tax Code by adopting the Internal Revenue Code as
in effect on January 1, 2013.
• American Taxpayer Relief Act of 2012. The American Taxpayer Relief Act of
2012 granted extraordinary deductions for capital asset expensing and
depreciation. Similar to past treatment, the bill requires Florida taxpayers to
spread the benefit of these deductions over a 7-year period.
SB 1720 - Relating to Education
The bill gives the Board of Governors stronger oversight authority over state universities
in regard to laws, rules, and regulations; and creates a new Office of K-20 Articulation in
the Department of Education to support the work of the Higher Education Coordinating
Council; and revises membership and duties of the council.
For education accountability purposes, the bill establishes dates by which private
postsecondary institutions must report data to the Commission for Independent Education
and nonprofit independent colleges and universities must report data to the Department of
Education.
*Portions of conforming bill summaries provided by Florida House and Senate staff analyses.
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Major Legislation That Failed to Pass the 2013 Session
SB 316/HB 7097-Internet Sales Tax
The bills would have amended Florida's tax laws related to sales by out-of-state retailers,
the communication services tax, and the sales tax exemption for manufacturing and
equipment. The Department of Revenue would have been required to develop a tracking
system to determine the amount of additional sales tax collected due to the provisions in
the bill, and the Legislature would have had to use the information to provide tax relief
by reducing the communication services tax and implementing a three day sales tax
holiday.
The Revenue Estimating Conference determined that the reduction in the communication
services tax rate would have decreased revenues by approximately $121.6 million on a
recurring basis, with an additional $20.5 million recurring loss to local governments.
Staff estimated that the manufacturing sales tax exemption would have decreased
revenues by approximately $115 million on a recurring basis, with an additional $26
million recurring loss to local governments.
HB 321/ SB 1716-Impact Fee Moratorium
HB 321/SB 1716 would have exempted new commercial development under 6,000
square feet from having to comply with impact fee, transportation concurrency or
proportionate share requirements for three years. The exemption would have been from
July 1, 2013, through June 30, 2016. The exemption would have not applied to new
development if revoked by a majority vote of the local government, altered a local
government's financing contracts or bonds, or if the developer elected to not have the
exemption applied. The bills died in committee.
SB 458/HB 1399 -Firefighter and Police Pension Reform
Once again the Legislature's attempt to assist local governments in reigning in the costs
of police and firefighter pensions failed to pass. The bill would have substantially
changed how insurance premium tax revenues must be used in the funding of firefighter
and police officer pension plans, and specified how those revenues must be used.
Municipalities with high unfunded liabilities seeking fiscal relief will continue to rely on
the "City of Naples letter" that allows premium taxes to be used to pay down unfunded
liabilities rather than expanded pension benefits.
SB 646/HB 1319 -Assisted Living Facilities (ALFs)
A bill that would have imposed tighter regulations on the state's assisted living facilities
failed final passage after an attempt to hear the bill in the House failed on the last day.
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The bills sought regulatory reform of ALFs after a series of reports by The Miami Herald
prompted a Miami-Dade grand jury to investigate conditions at certain facilities.
Lawmakers have attempted reform for more than two years following a grand jury
investigation which uncovered widespread abuses. SB 646/HB 1319 would have
strengthened the enforcement of current regulations for ALFs by revising fines imposed
for licensure violations, clarifying existing enforcement tools, and requiring an additional
inspection for facilities with significant violations. The bills died in messages.
HB 867/SB 862 -Parent Empowerment in Education
SB 862/HB 867 "Parent Trigger" bill would have provided a petition process for parents
to participate in the district school board's determination of a turnaround option, when a
school is subject to intervention on the basis of poor academic performance. The parents'
turnaround plan would have been subject to the school district's final decision.
The House passed its bill narrowly(68-51)midway through Session,but the Senate failed
to pass the measure during the last week on a unexpected, dramatic 20-20 vote with six
Republicans joining 14 Democrats voting against the bill, killing the measure for this
year.
SB 1132/HB 7127- Transportation Package
Amok
HB 7127, which was the omnibus transportation bill for 2103, failed to pass in the last
hours of Session as it got caught up in the debate on provisions regarding a local
referendum creating an optional local tax for the renovation of the Miami Dolphins' Sun
Life Stadium in South Florida. The House refused to take up the stadium provisions in
the bill and it died in Senate messages. The bill included a myriad of provisions FDOT
sought this session.
SB 1816 Healthcare/HB 7169 Healthy Choices -Medicaid Expansion
The Negron alternative Medicaid expansion plan (SB 1816), which would have provided
health insurance to over 1 million uninsured Floridians, was voted down along party lines
(45 Yeas, 74 Nays) in the House late in Session, with the exception of Representative
Fasano (R-New Port Richey). Rep. Fasano offered the Senate plan as an amendment to
HB 7169, and was the only Republican to vote for the Negron plan in the House.
SB 1816 offered much broader coverage to the uninsured - up to 138% of the Federal
Poverty Level (FPL) - and was expected to draw down $51 billion in federal funding over
10 years. In contrast, the House plan (HB 7169) by Rep. Corcoran (R-Lutz), was much
more limited, would have only applied to parents and individuals with disabilities under
100% of FPL who are not already eligible for Medicaid. HB 7169 would have provided
coverage for an additional 115,000 Floridians, but because it would draw down federal
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dollars targeted for Medicaid Expansion it would require $25 million in state funding
annually.
HB 7011/ SB 1392 -FRS Pension Reform
Pension reform for state employees was one of the five stated priorities for both Senate
President Gaetz and House Speaker Weatherford at the outset of Session. According to
Senate leadership, Speaker Weatherford asked for an up or down vote in the Senate on
his version of pension reform, which would have placed all new state employees in a
401(k)-style investment plan after January 1, 2015. The House plan failed on the Senate
floor by an 18-22 vote.
The Senate counterpart, SB 1392, would have required only new Elected Officers' Class
and Senior Management Service Class members to join the Investment Plan after July 1,
2014. It also would have changed the default for members who did not affirmatively
choose a plan from the Pension Plan to the Investment Plan.
HB 7109 -Local Business Tax
The bill's purpose would have been to replace the current local business tax structure in
Chapter 205, F.S., with a simplified version of the tax that is more consistent across
various business types by:
1. Establishing a uniform classification system.
2. Establishing a flexible rate structure.
3. Grandfathering certain local taxing jurisdictions to allow taxation under the
current structure to continue under specified circumstances.
4. Eliminating "overlap" of city and county taxes.
5. Retaining current local administration of the tax.
6. Providing that the new structure becomes effective October 1, 2014,providing for
a transition process from the current structure to the new structure, and allowing
taxing jurisdictions to replace the revenues raised under the prior system.
The local business tax issue was not a priority of the Senate this year and HB 7109 died
in committee.
HB 7123 - Claims Bill Reform
The House Select Committee on Claims Bills voted to approve a proposed committee bill
on a 5-3 vote after several amendments and spirited debate. The bill narrowly escaped
being killed prior to introduction, so the prospects for passage were slim. The Senate did
not take up the issue this year. The bill would have required an attorney representing a
claimant on a claims bills to register as a lobbyist, required claims bills to be sponsored
by a member of the local delegation in the principle location of the entity named in the
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claim, and provided that a public entity which purchases insurance is only liable for the
amount of the deductible and is not liable for any judgment in excess of the policy limits.
Municipalities, counties, and other political subdivisions of the state remained opposed to
the bill despite the adopted amendments because of the increased caps in the bill of
$200,000 per individual/$300,000 per incident to $1 million per individual/$1.5 million
per incident. The existing caps would have stayed same for any claims brought against
the state.
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05/07/2018 FLORIDA LEGISLATURE-REGULAR SESSION-2013
12:15:57
STATISTICS REPORT
SENATE BILLS FILED PASSED PASSED BOTH
SENATE CHAMBERS
CONCURRENT RESOLUTIONS 4 0 0
RESOLUTIONS(ONE CHAMBER) 75 64 0
GENERAL BILLS 816 160 11'
LOCAL BILLS -- 0 0
JOINT RESOLUTIONS 8 0 0
MEMORIALS 8 3 _
TOTALS 933 227 119
HOUSE BILLS FILED PASSED PASSED BOTH
HOUSE CHAMBERS
CONCURRENT RESOLUTIONS 3 1 I
RESOLUTIONS(ONE CHAMBER) 73 69 0
GENERAL BILLS 776 202 142
LOCAL BILLS 44 25 24
JOINT RESOLUTIONS 6 0 0
MEMORIALS 14 5 0
TOTALS 916 302 16-
SENATE AND HOUSE BILLS FILED PASSED FIRST PASSED BOTH
CHAMBER CHAMBERS
CONCURRENT RESOLUTIONS 1 I
RESOLUTIONS(ONE CHAMBER) 148 133 0
GENERAL BILLS 1592 362 259
LOCAL BIT T S 66 25 24
JOINT RESOLUTIONS 14 0 0
MEMORIALS 22 8 2
TOTALS 1849 529 286'
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