FSBA WEEKLY VIDEO UPDATE
FSBA Video Update #2 has been posted on the FSBA website at www.fsba.org – you may access the video by clicking on the link to 2016 Legislative Session Updates (located in the right hand menu on our main page) or by using this direct link: https://fsba.org/2016-
[NOTE: The bills listed below are linked to the each bill’s website where you can find information about the bill including the bill sponsor, committees of reference, and staff analysis. The committees/subcommittees are linked to each committee’s website where you can find information about the committee including the committee’s membership and staff, the committee’s meeting packets, and related materials.]
In the House Insurance & Banking Subcommittee:
HB 1163 – Insurer Regulatory Reporting by Hagar – AMENDED AND PASSED WITH A COMMITTEE SUBSTITUTE (CS)
Requires insurer to maintain risk management framework; requires certain insurers & insurance groups to conduct own-risk & solvency assessment; provides requirements for preparation & submission of own-risk & solvency assessment summary report; provides exemptions & waivers; requires certain insurers & members of insurance group to prepare & submit corporate governance annual disclosure; provides disclosure & preparation requirements; specifies privilege requirements & prohibitions for certain filings & related documents; authorizes OIR to retain third-party consultants for certain purposes; authorizes FSC to adopt rules; provides for contingent effect. [NOTE: This bill is linked to HB 1165 (below) and is effective contingent upon passage of both HB 1163 and HB 1165.]
HB 1165 – Public Records / Office of Insurance Regulation by Hagar – AMENDED AND PASSED WITH A CS
Provides exemption from public records requirements for certain reports & documents submitted to OIR related to own-risk & solvency assessment by insurer or insurance group; provides exemption from public records requirements for corporate governance annual disclosure & supporting documents submitted to OIR; revises actuarial board to which OIR may disclose certain information; provides for & revising future legislative review & repeal; provides statement of public necessity; provides for contingent effect.
In the Senate Commerce & Tourism Committee:
SB 294 – Labor Regulations by Thompson — FAILED
Providing powers and duties of the executive director of the Department of Economic Opportunity; requiring certain employers to provide employees with paid or unpaid earned sick and safe leave under certain conditions; providing employer and employee requirements; authorizing an employee to file a civil action under certain conditions, etc. [NOTE: The Committee voted 4-2 against the bill. This makes it extremely unlikely that this legislation will receive any further consideration during this session.]
In the Senate Criminal Justice Committee:
SB 436 – Terroristic Threats by Simpson – AMENDED AND PASSED WITH A CS
Providing that a person commits the crime of terroristic threats if he or she threatens to commit a crime of violence with the intent to cause, or with reckless disregard for the risk of causing terror or the evacuation of a building, place of assembly, or facility of public transportation; providing that the violation escalates from a felony in the third degree to a felony in the second degree if the violation causes the occupants of a building, place of assembly, or facility of public transportation to be diverted from their normal or customary operations; involves a threat against instructional personnel, a law enforcement officer, state attorney or assistant state attorney, firefighter, judge, or elected official; or involves a threat against a family member of such persons; providing that a person convicted of such violation must, in addition to any other restitution or penalty provided by law, pay restitution for all costs and damages caused by an evacuation resulting from the criminal conduct. [NOTE: The bill was substantially amended with a “strike all” amendment that, among other things, incorporated references to instructional personnel and elect officials. This short summary reflects the amendment made to the bill today.]
In the Senate Finance & Tax Committee:
SB 842 – Property Prepared for Tax-Exempt Use by Hays – AMENDED AND PASSED WITH A CS
Consolidating and revising provisions relating to obtaining an ad valorem exemption for property owned by an exempt organization, including the requirement that the owner of an exempt organization take affirmative steps to demonstrate an exempt use; requiring the property appraiser to serve a notice of tax lien on exempt property that is not in exempt use after a certain time; providing that the lien attaches to any property owned by the organization identified in the notice of lien; providing that the provisions authorizing the tax lien do not apply to a house of public worship; deleting provisions relating to the exemption as it applies to public worship and affordable housing and provisions incorporated into another section of law; deleting provisions relating to property owned by an educational institution and used for an educational purpose which are incorporated into another section of law. [NOTE: The bill was amended with a “strike all” amendment. This short summary reflects the amendment made to the bill today.]
SJR 1074 – Property Tax Assessments by Gaetz – PASSED
Proposing amendments to the State Constitution to allow the Legislature to limit growth in the assessed value of homestead and specified nonhomestead property to the growth rate in just value, to prohibit increases in the assessed value of homestead and specified nonhomestead property if the just value of the property decreases.
In the Senate Higher Education Committee:
SB 836 – Rapid Response Education & Training Program by Gaetz – PASSED
Establishing the Rapid Response Education and Training Program within the Complete Florida Plus Program; requiring the Complete Florida Plus Program to work with Enterprise Florida, Inc., to offer certain education and training commitments to businesses; requiring the Division of Career and Adult Education within the Department of Education to conduct an analysis and assessment of the effectiveness of the education and training programs, etc.
SB 1670 – Apprenticeships by Bean – AMENDED AND PASSED WITH A CS
Creating the Florida Apprenticeship Grant Program within the Department of Education to provide grants to Florida College System institutions for the creation of new apprenticeship programs or the expansion of existing apprenticeship programs; requiring the Division of Career and Adult Education to administer the program; creating the Rapid Response Grant Program, etc.
In the House Higher Education & Workforce Subcommittee:
HB 1359 – Vocational Rehabilitation by Fresen — PASSED
Requires Division of Vocational Rehabilitation to initiate, by specified date, performance improvement plan designed to achieve specified goals; requires division to submit performance report annually to Governor & Legislature which includes specified information.
In the Senate Education Appropriations Subcommittee:
SB 684 – Choice in Sports by Gaetz –AMENDED AND PASSED WITH A CS
Revising public school choice options available to students to include CAPE digital tools, CAPE industry certifications, and collegiate high school programs; requiring each district school board and charter school governing board to authorize a parent to have his or her child participate in controlled open enrollment; requiring the Florida High School Athletic Association to allow a private school to maintain full membership in the association or to join by sport, etc. [NOTE: This bill gives rise to concerns about protecting the rights of all students and the logistics of implementation.]
SB 1166 – Education Funding by Gaetz – TEMPORARILY POSTPONED
Authorizes the Florida Department of Education to recalculate the Exceptional Student Education Guaranteed Allocation for each school district based on the district’s actual student full-time equivalent as determined by the October FTE survey. [NOTE: This bill gives rise to some concerns. It has been scheduled to be heard in Tuesday’sSenate Education Appropriations Subcommittee meeting (see below).]
COMING UP TOMORROW
[NOTE: Nearly all meetings may be viewed via live webcast or archived videos on the Florida Channel athttp://thefloridachannel.org/.
The Senate Banking & Insurance Committee will meet (9:00 – 11:00 am) to consider the following items and others:
SB 986 – Workers’ Compensation by Simpson
Requiring members of limited liability companies to submit specified notices; requiring that the Department of Financial Services allow an employer who has not previously been issued an order of penalty assessment to receive a specified credit to be applied to the penalty; eliminating the certification requirements when an expert medical advisor is selected by a judge of compensation claims; deleting the requirement that employers notify the department within 24 hours of any injury resulting in death, etc.
SB 1422 – Insurer Regulatory Reporting by Simmons
Requiring an insurer to maintain a risk management framework; requiring certain insurers and insurance groups to conduct an own-risk and solvency assessment; requiring certain insurers and members of an insurance group to prepare and submit a corporate governance annual disclosure, etc.
The Senate Community Affairs Committee will meet (9:00 – 11:00 am) to consider the following items and others:
SB 1426 – Membership Associations by Stargel
Requiring membership associations to file an annual report with the Legislature; prohibiting a membership association from using public funds for certain litigation; requiring the Auditor General to conduct certain audits annually, etc. [NOTE: This bill specifically applies only to FSBA and FADSS. FSBA is opposed to this bill. The House companion to this bill – HB 1155 – is scheduled for consideration in the House K-12 Subcommittee (see below).]
SB 1190 – Growth Management by Diaz de la Portilla
Specifying that persons do not lose the right to complete developments of regional impact upon certain changes to those developments; revising the comprehensive plan amendments that must follow the state coordinated review process; authorizing specified parties to amend certain agreements without the submission, review, or approval of a notification of proposed change when a project has been essentially built out; authorizing the exchange of one approved land use for another under certain conditions, etc.
The House Government Operations Subcommittee will meet (9:00 – 11:00 am) to consider the following items and others:
HB 371 – Florida Commission on Poverty by Williams
Establishes Florida Commission on Poverty in DEO; provides membership, powers, & duties; requires report to Governor & Legislature.
HB 587 – Public Records/Agency Inspector General by Powell
Provides exemption from public records requirements for certain identifying & location information of current or former personnel of an agency’s office of inspector general & those whose duties include conducting internal audits, & spouses & children thereof; provides for future legislative review & repeal of exemption; provides statement of public necessity.
HB 593 – Government Accountability by Metz
Revises auditing protocols for certain agencies, councils, & state schools; revises responsibilities of certain state officials & employment or contractual relationships; revises provisions governing collection methods for certain unpaid automatic fines; revises entities subject to lobbyist registration and registration procedures; requires counties, municipalities, & special districts to maintain certain budget documents on entities’ websites for specified period; revises certain compensation protocols; revises requirements for financial statements & audits of certain governmental entities.
HB 1033 – Information Technology Security by Artiles
Provides Technology Advisory Council requirements; authorizes AST to impose service charges upon state agencies for information technology projects; reassigns certain AST duties to chief information security officer; provides for computer security incident response teams; provides for training programs; requires risk assessments; establishes notification procedures & timelines for security incident or breach; provides appropriations.
HB 1195 – Technology by Grant
Establishes chief data officer within AST; requires each state & local government entity to annually provide indexed list of certain data to AST; provides requirements for such list; revises definition of term “marksense ballots” for purposes of Florida Election Code; provides applicability of specified requirements to display on voter interface device; requires AST to create reporting format for certain data & publish such data in indexed catalog.
The Senate Governmental Oversight & Accountability Committee will meet (9:00 – 11:00 am) to consider the following items and others:
SB 1200 – Pay-for-success Contracts by Bean
Requiring the Department of Management Services to oversee a Pay-for-Success Contract Program; authorizing the department, contingent upon funding, to negotiate and enter into contracts with private entities to fund high-quality programs; requiring an independent evaluator to determine whether the performance outcome measures in a contract have been met, etc.
SB 1220 – Award of Attorney Fees / Public Records by Garcia
Revising the circumstances under which a court may assess and award the reasonable costs of enforcement against an agency in a civil action to enforce ch. 119, etc.
SB 1326 – Retirement / Cost of Living Adjustment by Soto
Revising the method for determining the cost-of-living adjustment of benefits for retirees and annuitants of the Florida Retirement System on and after a specified date, etc.
SB 1356 – Re-employment / School District Personnel by Brandes
Revising provisions relating to reemployment of retirees as instructional personnel on a contract basis; providing legislative intent and findings to clarify authorization to award contracts; providing requirements for a judgment in certain civil actions or administrative proceedings, etc. [NOTE: The House companion to this bill – HB 1003 – is scheduled for consideration in the House K-12 Subcommittee (see below).]
SB 598 – Public Works Projects by Brandes
Prohibiting the state and political subdivisions that contract for the construction, maintenance, repair, or improvement of public works from imposing restrictive conditions on contractors, subcontractors, or material suppliers or carriers; prohibiting the state and political subdivisions from restricting qualified bidders from submitting bids, etc.
SB 1226 – Administrative Procedures by Ring
Providing additional requirements for the calculation of estimated adverse impacts and regulatory costs, etc.
The House K-12 Subcommittee will meet (9:00 – 11:00 am) to consider the following items:
HB 833 – Public School Recess by Plasencia
Requires district school board to provide students in certain grades with certain amount of free-play recess per day; provides that free-play recess may not be withheld for specified reasons.
HB 873 – Special Facility Construction Account by Diaz
Revises provisions of Special Facility Construction Account relating to receipt of funds, criteria for requests, pre-application review, consultants, & repayment of school district’s share of project costs.
HB 907 – Youth Suicide Awareness by Eagle
Requires DOE to incorporate training in youth suicide awareness & prevention into certain instructional personnel continuing education or inservice training requirements & to develop list of approved materials for training; provides that no cause of action results from implementation of act.
HB 1155 – Membership Associations by Eisnaugle
Defines “membership association”; requires membership association to file annual report with Legislature; specifies contents of report; prohibits membership association from expending public funds on litigation against state; requires Auditor General to audit membership associations. [NOTE: This bill specifically applies only to FSBA and FADSS. FSBA is opposed to this bill. The Senate companion to this bill – SB 1426 – is scheduled for consideration in the Senate Community Affairs Committee (see above).]
HB 1305 – Student Health / Emergency Allergy Treatment by Eagle
Revises definition of “authorized entity”; authorizes public school or private school to receive for free or purchase at fair market value or at reduced prices supply of epinephrine auto-injectors from certain entities.
HB 1003 – Re-employment / School District Personnel by Sullivan
Revises provisions relating to reemployment of retirees as instructional personnel on contract basis; provides legislative intent & findings to clarify authorization to award contracts; provides requirements for judgment in certain civil actions or administrative proceedings. [NOTE: The Senate companion to this bill – SB 1356 – is scheduled for consideration in the Senate Governmental Oversight & Accountability Committee (see above).]
The House Choice & Innovation Subcommittee will meet (12:00 – 2:00 pm) to consider the following item:
HB 1365 – Competency-Based Education by Rodrigues
Creates Competency-Based Education Pilot Program; provides for program participation, application requirements, exemption from specified statutes & rules, & duties of participating school districts & DOE.
The Senate Judiciary Committee will meet (1:00 – 3:00 pm) to consider the following item and others:
SB 120 – Prohibited Discrimination by Abruzzo
Creating the “Florida Competitive Workforce Act”; revising provisions to include sexual orientation and gender identity or expression and the perception of race, color, religion, sex, national origin, age, sexual orientation, gender identity or expression, handicap, or marital status as impermissible grounds for discrimination; providing an exception for constitutionally protected free exercise of religion, etc.
The House will be in Session will meet (2:30 pm – completion of business) to consider the following items and others on Special Order (2nd Reading):
HB 181 – Public Works Projects by Van Zant
Prohibits state & political subdivisions that contract for public works projects from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers; prohibits state & political subdivisions from restricting qualified bidders from submitting bids or being awarded contracts; provides applicability.
HB 273 – Public Records by Beshears
Requires public agency contract for services to include statement providing contact information of public agency’s custodian of public records; prescribes form of statement; revises required provisions in public agency contract for services regarding contractor’s compliance with public records laws; requires public records request relating to records for public agency’s contract for services to be made directly to public agency; requires contractor to provide requested records to public agency or allow inspection or copying of requested records; specifies circumstances under which court must assess & award reasonable costs of enforcement against contractor; specifies sufficient notice; provides that contractor who takes certain actions is not liable for reasonable costs of enforcement.
HB 7071 – Public Corruption by Rules, Calendar, and Ethics
Revises definition of term “bribery”; revises requirements for prosecution; revises prohibition against unlawful compensation or reward for official behavior to conform to changes made by act; revises prohibition against official misconduct to conform to changes made by act; revises applicability of offense to include public contractors; revises prohibition against bid tampering to conform to changes made by act; revises applicability of offense to include specified public contractors; authorizes award of attorney fees to public servants & public contractors under certain conditions; reenacts provisions relating to official misconduct; reenacts provisions relating to appointment, application, suspension, revocation, application fee, bond, & oath; reenacts provisions relating to criminal use of personal identification information; reenacts provisions relating to Criminal Punishment Code offense severity ranking chart.
HB 675 – Federal Immigration Enforcement by Metz
Designates act “Rule of Law Adherence Act”; requires state & local governmental agencies to comply with & support enforcement of federal immigration law; prohibits restrictions on transfer of information regarding citizenship or immigration status of individual, action taken with respect to such information, or enforcement of federal immigration law; prohibits sanctuary policies; authorizes law enforcement agency to transport unauthorized alien; requires recordkeeping; provides exception to reporting requirements for crime victims or witnesses; requires state & local governmental officials to report violations; authorizes ordinances for recovery immigration detainer costs; provides penalties for failing to report violation; provides whistleblower protections for certain officials; requires AG to prescribe format for submitting complaints; provides cause of action for personal injury or wrongful death caused by sanctuary policy; waives sovereign immunity for such actions.
HB 585 – Homebound & Hospitalized Students by Burgess
Requires school districts to provide instruction to homebound or hospitalized students; provides for student eligibility, methods of providing instruction to homebound or hospitalized students, & initiation of services.
The Senate Education Appropriations Subcommittee will meet (3:30 – 6:00 pm) to consider the following items:
SB 1166 – Education Funding by Gaetz
Authorizes the Florida Department of Education to recalculate the Exceptional Student Education Guaranteed Allocation for each school district based on the district’s actual student full-time equivalent as determined by the October FTE survey. [NOTE: This bill gives rise to some concerns. The bill was temporarily postponed in Monday’s Senate Education Appropriations Subcommittee meeting (see above).]
The Subcommittee is also scheduled to review and discuss Fiscal Year 2016-2017 Budget Issues. It is expected that the Subcommittee will release a preliminary Senate education budget proposal.
I hope you find this information useful. Please let me know if you have any questions.