Our Video Update for the 8th week of the 2015 Legislative Session has been posted on the FSBA website at www.fsba.org – you may access the video by clicking on the link to 2015 Legislative Session Video Update 7 under “Legislative Session Updates” (located below the pictures on our main page) or by using this direct link: https://www.fsba.org/2015-
BUDGET UPDATE
The 2015 Legislative Session is scheduled to adjourn this Friday, May 1, but legislative leaders have acknowledged that they will not be able to finalize the state budget in the time that remains. Since the Florida Constitution states that the budget is the ONLY bill that the Legislature is required to pass each year before the Legislature can adjourn sine die, the Session will either be extended or a Special Session will be called. It is important to note an important distinction between an Extended Session and a Special Session: In an Extended Session, the date for adjournment would simply be moved back and all legislation that has been filed for consideration during this session would remain “alive” and actionable. In a Special Session, the 2015 Regular Session would adjourn with a date set to reconvene to consider ONLY legislation that is specifically listed in the “Call” for the Special Session – in this case, the Call would include, at a minimum, the state budget – and all other legislation filed during the Regular Session that has not already passed would “die” and would not be considered in the Special Session. At this point, there has been no decision reached with regard to whether there will be an extended or special session. As always, we will keep you informed of any developments.
END-OF-SESSION LEGISLATIVE PROCESS NOTES
Even in the best of circumstances, the last week of any legislative session is extraordinarily hectic as legislators try to wrap up last minute negotiations to align different versions of a bill and to maneuver key bills into position to gain final passage. The budget impasse — and the uncertainty of how and when it will be resolved — has added a dose of adrenaline to this already frenetic process. During this week – which may or may not be the last week of the Session — bills are likely to move quickly in each chamber and be passed back and forth in Messages between the two chambers. As a result, bills that do not appear on the prepared agenda may be taken up and/or amended unexpectedly. At the end of each day, we will continue to provide a report on what occurred and we will do our best to alert you to the bills that will be considered the following day. If you have a concern about a particular bill, please feel free to call the FSBA office.
TODAY’S HAPPENINGS
In the House Session:
Bills on 3rd Reading:
HB 695 – Ad Valorem Taxation by Avila – READ 3RD TIME; PASSED THE HOUSE
Revises provisions related to VAB proceedings; revises provisions related to appointments & selection of special magistrates; authorizes property appraisers to contract to examine & audit homestead exemption claims; revises provisions addressing payment plans for payment of certain taxes, interest, & penalties; specifies that certain unpaid tax liens be included in next assessment roll; revises provisions providing information required on notice of proposed property taxes & non-ad valorem assessments; specifies that certain persons may seek or obtain funds from the failure of other persons to comply with certain tax laws; provides statement of important state interest.
Bills on 2nd Reading:
HB 231 – Transportation by Passidomo – READ 2ND TIME; SUBSTITUTED FOR SB 908; HB 231 LAID ON THE TABLE
SB 908 – Traffic Safety by Altman – SUBSTITUTED FOR HB 231; READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 4/28/15
Providing criminal penalties for certain noncriminal traffic infractions that cause serious bodily injury or death to a person; defining the term “serious bodily injury”; prohibiting passing and turning in front of a vulnerable user in an unsafe manner; providing penalties; prohibiting harassing, taunting, or throwing an object at a person riding a bicycle; providing mandatory revocation of license for a specified conviction, etc.
HB 291 – Involuntary Examinations of Minors by Harrell – READ 2ND TIME; SUBSTITUTED FOR SB 954; HB 291 LAID ON THE TABLE
SB 954 – Involuntary Examinations of Minors by Garcia – SUBSTITUTED FOR HB 291; READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Requiring school health services plans to include notification requirements when a student is removed from school, school transportation, or a school-sponsored activity for involuntary examination; requiring a receiving facility to provide notice of the whereabouts of an adult or emancipated minor patient held for involuntary examination; providing conditions for delay in notification, etc.
In the Senate Session:
Bills on 3rd Reading:
SB 960 – Bright Futures Scholarship Program by T. Lee – TEMPORARILY POSTPONED
Requiring a student, as a prerequisite for the Florida Academic Scholars award, the Florida Medallion Scholars award, or the Florida Gold Seal Vocational Scholars award, to identify a social or civic issue or a professional area of interest and develop a plan for his or her personal involvement in addressing the issue or learning about the area; prohibiting the student from receiving remuneration or academic credit for the volunteer service work performed, etc.
HB 361 – Military Housing Ad Valorem Tax Exemptions by Trumbull – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
Grants certain leasehold interests and improvements to land owned by U.S. or agency thereof, branch of U.S. Armed Forces, or quasi-governmental agency exemption from ad valorem taxation; exempts such leasehold interests and improvements without need to apply for exemption or property appraiser approving exemption; provides nonapplicability and retroactive applicability.
SB 1372 – Government Accountability by Gaetz – READ 3RD TIME; PASSED THE SENATE
Specifying that the Governor, the Commissioner of Education, or the designee of the Governor or of the Commissioner of Education may notify the Legislative Auditing Committee of an entity’s failure to comply with certain auditing and financial reporting requirements; revising reporting requirements applicable to the Florida Clerks of Court Operations Corporation; expanding the types of governmental entities that are subject to lobbyist registration requirements; revising the responsibilities of the governing board of a charter school to include the establishment and maintenance of internal controls, etc.
HB 565 – Retirement by Beshears – READ 3RD TIME; PASSED THE SENATE
Authorizes local agency employers to reassess designation of positions for inclusion in SMS Class; provides for removal of certain positions.
Bills on 2nd Reading:
SB 7070 – Mental Health & Substance Abuse by Judiciary – TEMPORARILY POSTPONED
Requiring school health services plans to include notification requirements when a student is removed from school, school transportation, or a school-sponsored activity for involuntary examination; adding substance abuse services as a program focus for which the Department of Children and Families is responsible; providing authority of facilities of the United States Department of Veterans Affairs to conduct certain examinations and provide certain treatments; creating the “Jennifer Act”; requiring the Department of Children and Families to implement a Forensic Hospital Diversion Pilot Program in five specified judicial circuits, etc.
SB 984 – Exemption/Legislative Lobbying Requirements by Braynon – READ 2ND TIME; READ 3RD TIME; PASSED THE SENATE
Revising the definition of the term “expenditure”; specifying that the term does not include use of a public facility or public property that is made available by a governmental entity to a legislator for a public purpose, to exempt such use from legislative lobbying requirements, etc.
SB 284 – Private Property Rights by Diaz de la Portilla – READ 2ND TIME; SUBSTITUTED FOR HB 383; SB 284 LAID ON THE TABLE
HB 383 – Private Property Rights by Edwards – SUBSTITUTED FOR SB 284; READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Authorizes governmental entity to treat written claim as pending litigation for certain purposes; provides that certain settlement agreements reached between owner & governmental entity apply irrespective of when agreement was executed; authorizes property owner to bring action to recover damages caused by prohibited exaction; requires owner to provide written notice of such action to governmental entity; authorizes governmental entity to treat such claim as pending litigation for certain purposes; specifies burdens of proof; authorizes award of attorney fees & costs under certain circumstances; waives state’s sovereign immunity for certain causes of action; specifies that action concerning prohibited exaction is not to be construed in pari materia with certain other provisions of law.
SB 1526 – Athletic Trainers by Legg – READ 2ND TIME; SUBSTITUTED FOR HB 541; SB 1526 LAID ON THE TABLE
HB 541 – Athletic Trainers by Plasencia – SUBSTITUTED FOR SB 1526; READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Deletes requirement for Governor to appoint initial members of Board of Athletic Training; revises board’s authorization to adopt certain rules; revises requirements for licensure; authorizes board to require background screening; revises responsibilities of athletic trainers to practice under direction of physician; prohibits sexual misconduct by athletic trainers; prohibits unlicensed practice of athletic training; prohibits unlicensed person from using specified titles; revises which acts constitute grounds for disciplinary action; provides exemptions; revises general background screening provisions to include athletic trainers.
SB 118 – Voluntary Contributions for Education Facilities by Hays – READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Authorizing a participating business that registers with the Department of Revenue to solicit and collect contributions from its customers for the construction and maintenance of public education facilities; providing registration requirements; requiring a participating business to file a return and remit contributions to the department within a specified timeframe; including voluntary contributions as a source of funding for the Public Education Capital Outlay and Debt Service Trust Fund, etc.
SB 972 – Ad Valorem Taxation by Flores – READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Revising the definition of the term “common element” for purposes of prorating ad valorem taxes for certain properties under certain circumstances; establishing deadlines for value adjustment boards to hear petitions and issue the second tax roll certification; authorizing the district school board and county commission to audit certain expenses of the value adjustment board; requiring a property appraiser to notify a petitioner when property record cards are available online, etc.
SB 7082 – FRS / Death Benefits by Governmental Oversight – READ 2ND TIME; PLACED ON 3RD READING FOR 4/28/15
Authorizing payment of death benefits to the surviving spouse or children of a Special Risk Class member killed in the line of duty under specified circumstances; requiring the State Board of Administration or the Division of Retirement to take certain action upon receipt of notification of disqualification from the Internal Revenue Service; providing for allocations for death benefits authorized by the act, etc.
COMING UP TOMORROW
The House will be in Session (11:00 am – completion of business) to consider the following items and others:
Bills on 3rd Reading:
SB 908 – Traffic Safety by Altman
Providing criminal penalties for certain noncriminal traffic infractions that cause serious bodily injury or death to a person; defining the term “serious bodily injury”; prohibiting passing and turning in front of a vulnerable user in an unsafe manner; providing penalties; prohibiting harassing, taunting, or throwing an object at a person riding a bicycle; providing mandatory revocation of license for a specified conviction, etc.
SB 954 – Involuntary Examinations of Minors by Garcia
Requiring school health services plans to include notification requirements when a student is removed from school, school transportation, or a school-sponsored activity for involuntary examination; requiring a receiving facility to provide notice of the whereabouts of an adult or emancipated minor patient held for involuntary examination; providing conditions for delay in notification, etc.
The Senate will be in Session (11:00 am – 6:00 pm) to consider the following items and others:
Bills on 3rd Reading:
SB 960 – Bright Futures Scholarship Program by T. Lee
HB 747 – Bright Futures Scholarship Program by Rooney
Requiring a student, as a prerequisite for the Florida Academic Scholars award, the Florida Medallion Scholars award, or the Florida Gold Seal Vocational Scholars award, to identify a social or civic issue or a professional area of interest and develop a plan for his or her personal involvement in addressing the issue or learning about the area; prohibiting the student from receiving remuneration or academic credit for the volunteer service work performed, etc.
HB 383 – Private Property Rights by Edwards
Authorizes governmental entity to treat written claim as pending litigation for certain purposes; provides that certain settlement agreements reached between owner & governmental entity apply irrespective of when agreement was executed; authorizes property owner to bring action to recover damages caused by prohibited exaction; requires owner to provide written notice of such action to governmental entity; authorizes governmental entity to treat such claim as pending litigation for certain purposes; specifies burdens of proof; authorizes award of attorney fees & costs under certain circumstances; waives state’s sovereign immunity for certain causes of action; specifies that action concerning prohibited exaction is not to be construed in pari materia with certain other provisions of law.
HB 541 – Athletic Trainers by Plasencia
Deletes requirement for Governor to appoint initial members of Board of Athletic Training; revises board’s authorization to adopt certain rules; revises requirements for licensure; authorizes board to require background screening; revises responsibilities of athletic trainers to practice under direction of physician; prohibits sexual misconduct by athletic trainers; prohibits unlicensed practice of athletic training; prohibits unlicensed person from using specified titles; revises which acts constitute grounds for disciplinary action; provides exemptions; revises general background screening provisions to include athletic trainers.
SB 118 – Voluntary Contributions for Education Facilities by Hays
Authorizing a participating business that registers with the Department of Revenue to solicit and collect contributions from its customers for the construction and maintenance of public education facilities; providing registration requirements; requiring a participating business to file a return and remit contributions to the department within a specified timeframe; including voluntary contributions as a source of funding for the Public Education Capital Outlay and Debt Service Trust Fund, etc.
SB 972 – Ad Valorem Taxation by Flores
HB 695 – Ad Valorem Taxation by Avila
Revising the definition of the term “common element” for purposes of prorating ad valorem taxes for certain properties under certain circumstances; establishing deadlines for value adjustment boards to hear petitions and issue the second tax roll certification; authorizing the district school board and county commission to audit certain expenses of the value adjustment board; requiring a property appraiser to notify a petitioner when property record cards are available online, etc. [NOTE: Though listed as companion bills, these bills have significant differences and there are some provisions in the House version that are of concern. In particular, the House version – HB 695 – contains provisions that would change the membership of the Value Adjustment Board by removing the elected officials (including a school board member) and replacing them with citizens appointed by the Governor.]
SB 7082 – FRS / Death Benefits by Governmental Oversight
Authorizing payment of death benefits to the surviving spouse or children of a Special Risk Class member killed in the line of duty under specified circumstances; requiring the State Board of Administration or the Division of Retirement to take certain action upon receipt of notification of disqualification from the Internal Revenue Service; providing for allocations for death benefits authorized by the act, etc.
Bills on 2nd Reading:
SB 7070 – Mental Health & Substance Abuse by Judiciary
Requiring school health services plans to include notification requirements when a student is removed from school, school transportation, or a school-sponsored activity for involuntary examination; adding substance abuse services as a program focus for which the Department of Children and Families is responsible; providing authority of facilities of the United States Department of Veterans Affairs to conduct certain examinations and provide certain treatments; creating the “Jennifer Act”; requiring the Department of Children and Families to implement a Forensic Hospital Diversion Pilot Program in five specified judicial circuits, etc.
SB 154 – Hazardous Walking Conditions by Hays
HB 41 – Hazardous Walking Conditions by Metz
Revising criteria that determine a hazardous walking condition for public school students; requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions; requiring state or local governmental entities with jurisdiction over a road with a hazardous walking condition to correct the condition within a reasonable period of time, etc.
SB 1116 – Literacy Jump Start Pilot Project by Abruzzo
HB 153 – Literacy Jump Start Pilot Project by L. Lee
Requiring the Office of Early Learning to establish the pilot project in St. Lucie County to assist low-income, at-risk children in developing emergent literacy skills; requiring the office to select an organization to implement the pilot project; encouraging the coordination of basic health screening and immunization services in conjunction with emergent literacy instruction, etc.
Ruth Haseman Melton
Director of Government Relations
Florida School Boards Association
Office: 850 / 414-2578
Cell: 850 / 509-6411
Email: melton@fsba.org
