TODAY’S HAPPENINGS
[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 Senate Banking & Insurance Committee:
SB 986 – Workers’ Compensation by Simpson – TEMPORARILY POSTPONED
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 – AMENDED AND PASSED WITH A COMMITTEE SUBSTITUTE (CS)
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.
In the Senate Community Affairs Committee:
SB 1426 – Membership Associations by Stargel – AMENDED AND PASSED WITH A CS
Prohibiting certain membership associations from expending any money received from public funds on litigation against the state; requiring the membership associations to file an annual report with the Legislature covering a variety of topics, including the fee required to become a member of the membership association, the current annual financial statements of the membership association, a description of the assets and liabilities of the association at the beginning and end of the preceding fiscal year, the salary, allowances, and other direct or indirect disbursements to each officer and to each employee who, during the preceding fiscal year, received more than $10,000, and the total amount of direct or indirect disbursements for lobbying activity at the federal, state, or local level incurred by the membership association, and the total amount of direct or indirect disbursements for litigation expenses incurred by the membership association; providing that dues paid to a membership association which are paid with public funds shall be assessed for each elected or appointed public officer; providing that, if a public officer elects not to join the membership association, the dues assessed to that public officer may not be paid to the membership association; providing that all records of a membership association constitute public records for purposes of ch. 119; requiring the Auditor General to conduct certain audits annually; etc. [NOTE: The bill was amended to remove any reference to FADSS, leaving the provisions of the bill applicable ONLY to FSBA. FSBA is opposed to this bill. The House companion to this bill – HB 1155 – was considered and amended similarly today in the House K-12 Subcommittee (see below).]
SB 1190 – Growth Management by Diaz de la Portilla – AMENDED AND PASSED WITH A CS
Specifying that certain developments must follow the state coordinated review process; providing timeframes; establishing deadlines for the state land planning agency to take action on recommended orders relating to certain plan amendments; providing a procedure for issuing a final order if the state land planning agency fails to take action; revising the acreage thresholds for sector plans; revising the size of an enclave that a municipality may annex on an expedited basis; authorizing certain changes to approved developments of regional impact; providing criteria under which one approved land use may be submitted for another approved land use in certain land development agreements; specifying that certain proposed changes to certain developments are a substantial deviation; specifying that such developments must undergo further development-of-regional-impact review; specifying conditions under which certain proposed developments are not required to undergo the state-coordinated review process; providing that lands acquired for development are not subject to aggregation under certain circumstances; providing the procedures to be used by a development that elects to rescind a development order; etc. [NOTE: The bill was amended with a strike-all amendment. This short summary reflects most of the changes from today’s amendments.]
In the House Government Operations Subcommittee:
HB 371 – Florida Commission on Poverty by Williams – AMENDED AND PASSED WITH A CS
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 – AMENDED AND PASSED WITH A CS
Provides exemption from public records requirements for certain identifying & location information of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline, and spouses & children thereof; provides for future legislative review & repeal of exemption; provides statement of public necessity.
HB 593 – Government Accountability by Metz – AMENDED AND PASSED WITH A CS
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. [NOTE: The bill was substantially amended today with a strike-all amendment that appears to bring this bill into better alignment with its Senate companion bill that was amended last week. We are still analyzing today’s amendment to this bill and will provide a revised summary as soon as possible.]
HB 1033 – Information Technology Security by Artiles – AMENDED AND PASSED WITH A CS
Revises the membership of the Technology Advisory Council to include a cybersecurity expert; revises the duties of the Agency for State Technology; provides for administration of a third party risk assessment; provides for the establishment of computer security incident response teams within state agencies; provides for continuously updated agency incident response plans; provides for information technology security and cybersecurity awareness training; provides for the establishment of a collaborative STEM program for cybersecurity workforce development; establishes computer security incident response team responsibilities; requires a third party risk assessment; establishes notification procedures and reporting timelines for an information technology security incident or breach; provides appropriations. [NOTE: The bill was amended with a strike-all amendment. This short summary reflects the changes made by the amendment.]
HB 1195 – Technology by Grant – AMENDED AND PASSED WITH A CS
Establishes the chief data officer within the Agency for State Technology; revises the definition of the term “marksense ballots” for purposes of The Florida Election Code; provides applicability of specified requirements to the display on a voter interface device; requires the Agency for State Technology to create a reporting format for certain data and publish such data in an indexed catalog; requires each state and local government entity to annually provide an indexed list of certain data to the agency; provides requirements for such list. [NOTE: The bill was amended with a strike-all amendment. This short summary reflects the changes made by the amendment.]
In the Senate Governmental Oversight & Accountability Committee:
SB 1200 – Pay-for-success Contracts by Bean – AMENDED AND PASSED WITH A CS
Authorizing a state agency to enter into a pay-for-success contract with a private entity under certain circumstances; specifying the duties of the state agency; providing contract requirements; requiring the private entity to annually report to the state agency; providing that a high-quality program is not a procurement item; requiring the Department of Management Services to prescribe certain procedures by a specified date. [NOTE: The bill was amended with a strike-all amendment. This short summary reflects the changes made by the amendment.]
SB 1220 – Award of Attorney Fees / Public Records by Garcia – AMENDED AND PASSED WITH A CS
Specifying 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, F.S. [NOTE: The bill was amended with a strike-all amendment. This short summary reflects the changes made by the amendment.]
SB 1326 – Retirement / Cost of Living Adjustment by Soto – NOT CONSIDERED
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 — PASSED
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 – was considered and amended in the House K-12 Subcommittee (see below).]
SB 598 – Public Works Projects by Brandes – FAILED; LAID ON THE TABLE
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. [NOTE: By being Laid on the Table, this bill will receive no further consideration in the Senate.]
SB 1226 – Administrative Procedures by Ring — PASSED
Providing additional requirements for the calculation of estimated adverse impacts and regulatory costs, etc.
In the House K-12 Subcommittee:
HB 833 – Public School Recess by Plasencia — PASSED
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 — PASSED
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 — PASSED
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 – AMENDED AND PASSED WITH A CS
Prohibits certain membership associations from expending any money received from public funds on litigation against the state; requiring the membership associations to file an annual report with the Legislature covering a variety of topics, including the fee required to become a member of the membership association, the current annual financial statements of the membership association, a description of the assets and liabilities of the association at the beginning and end of the preceding fiscal year, the salary, allowances, and other direct or indirect disbursements to each officer and to each employee who, during the preceding fiscal year, received more than $10,000, and the total amount of direct or indirect disbursements for lobbying activity at the federal, state, or local level incurred by the membership association, and the total amount of direct or indirect disbursements for litigation expenses incurred by the membership association; provides that dues paid to a membership association which are paid with public funds shall be assessed for each elected or appointed public officer; provides that, if a public officer elects not to join the membership association, the dues assessed to that public officer may not be paid to the membership association; requires the Auditor General to conduct certain audits annually; etc. [NOTE: The bill was amended to remove any reference to FADSS, leaving the provisions of the bill applicable ONLY to FSBA. FSBA is opposed to this bill. The Senate companion to this bill – SB 1426 – was considered and amended similarly today in the Senate Community Affairs Committee (see above).]
HB 1305 – Student Health / Emergency Allergy Treatment by Eagle – PASSED
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 – AMENDED AND PASSED WITH A CS
Revises provisions relating to reemployment of retirees as instructional personnel on contractual basis. [NOTE: The Senate companion to this bill – SB 1356 – was considered and passed without amendment today in the Senate Governmental Oversight & Accountability Committee (see above). Amendment to this House bill renders the bills as comparable, rather than similar.]
In the House Choice & Innovation Subcommittee:
HB 1365 – Competency-Based Education by Rodrigues – AMENDED AND PASSED WITH A CS
Creates Competency-Based Education Pilot Program; provides for program participation, application requirements, exemption from specified statutes & rules, and duties of participating school districts and DOE.
In the Senate Judiciary Committee:
SB 120 – Prohibited Discrimination by Abruzzo – TEMPORARILY POSTPONED
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.
In the House Session:
HB 181 – Public Works Projects by Van Zant – TEMPORARILY POSTPONED
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. [NOTE: The Senate companion to this bill – SB 598 – was considered, failed, and laid on the table today in Governmental Oversight & Accountability Committee (see above).]
HB 273 – Public Records by Beshears – READ 2ND TIME; PLACED ON 3RD READING
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 – READ 2ND TIME; AMENDED; PLACED ON 3RDREADING
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 – TEMPORARILY POSTPONED
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 – READ 2ND TIME; PLACED ON 3RD READING
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.
In the Senate Education Appropriations Subcommittee:
The Subcommittee discussed and released the Chairman’s recommendation for the 2016-2017 education budget. The House is expected to release its budget proposal tomorrow. We will provide an analysis and comparison of these proposals as soon as possible.
COMING UP TOMORROW
[NOTE: Nearly all meetings may be viewed via live webcast or archived videos on the Florida Channel athttp://thefloridachannel.org/.
The House Education Committee will meet (9:00 – 11:00 am) to consider the following item and others:
HB 7021 – Reading Instruction by K-12
Revises provisions relating to Just Read, Florida! Office, school improvement plans & early warning systems, instruction & intervention for students with substantial reading deficiencies, & parental notification for such students; revises provisions relating to educator training & certification, teacher preparation programs, & school Community Professional Redevelopment Act; provides appropriation. [NOTE: The Senate companion bill – SB 1068 – will be considered in the Senate Education PreK-12 Committee (see below).]
The Senate Education PreK-12 Committee will meet (9:00 – 11:00 am) to consider the following items and others:
SB 442 – Educational Facilities by Flores
Providing for school district construction flexibility; authorizing exceptions to educational facilities construction requirements under certain circumstances, etc.
SB 834 – Minimum Term School Funding by Detert
Revising the term “full-time student” to delete references to membership in a double-session school or a school that uses a specified experimental calendar; clarifying how “full time equivalency” is calculated for students in schools that operate for less than the minimum term, etc.
SB 1068 – Education / Reading by Legg
Revising the duties of the Just Read, Florida! Office; revising requirements for school improvement plans and early warning systems; revising core curricula requirements for certain teacher preparation programs to include certain reading instruction and interventions; requiring candidates for an educator certificate in certain areas to demonstrate competence in specified areas, etc. [NOTE: The House companion bill – HB 7021 – will be considered in the House Education Committee (see above).]
SB 1078 – Education / Assessments by Legg
Revising the exams each public high school is required to administer to all enrolled 10th grade students to include ACT Aspire, etc.
SB 1088 – McKay Scholarship Program by Stargel
Exempting a foster child from specified eligibility provisions; creating a transition-to-work program for specific students enrolled in the John M. McKay Scholarships for Students with Disabilities Program; exempting a John M. McKay Scholarship award from a specified funding calculation for purposes of the Florida Education Finance Program, etc.
SB 1360 – Student Assessments by Gaetz
Authorizing a district school board to choose to implement certain rigorous alternative assessment options by a certain school year; requiring each school district to annually notify students and parents of standard high school diploma requirements by a specified date; requiring a classroom teacher’s performance evaluation to be based on the performance of certain students, etc.
SB 1418 – Supplemental Academic Instruction by Simmons
Requiring supplemental academic instruction categorical funds and research-based reading instruction allocation funds to be used by a school district that has one or more of the lowest-performing elementary schools for additional intensive reading instruction at the school during the summer program in addition to instruction during the school year, etc.
SB 1440 – Florida Educator Hall of Fame by Montford
Establishing the Florida Educator Hall of Fame; providing procedures for the nomination, selection, and induction of members by the Florida Education Foundation and the Commissioner of Education, etc.
The House Health & Human Services Committee will meet (9:00 – 11:00 am) to consider the following item and others:
HB 249 – Culinary Education Programs by Moskowitz
Provides for applicability of DOH sanitation rules to licensed culinary education program; permits culinary education program with public food service establishment license to obtain alcoholic beverage license under certain conditions.
The House Local & Federal Affairs Committee will meet (9:00 – 11:00 am) to consider the following item and others:
HB 499 – Ad Valorem Taxation by Avila
Revises provisions related to value adjustment board proceedings; revises provisions related to appointments & selection of special magistrates; revises dates in computing school district required local effort; provides statement of important state interest.
The House Appropriations Committee will meet (12::00 – 2:00 pm) to consider the following items and others:
HB 95 – Public-Private Partnerships by Steube
Deletes Public-Private Partnership Guidelines Task Force; revises provisions regarding responsible public entities & unsolicited proposals submitted for qualified projects; revises provisions regarding comprehensive agreements entered into between responsible public entities & private entities; deletes provisions relating to notice to affected local jurisdictions; revises provisions regarding responsible public entity compliance with specific financial obligations; provides duties of DMS.
HB 527 – Scrutinized Companies by Workman
Establishes reporting requirements for executive director of SBA regarding companies boycotting Israel; requires SBA to identify companies in which public moneys are invested that are conducting businesses that boycott Israel; requires SBA to create & maintain certain scrutinized companies lists that name all such companies; requires SBA to divest of all publicly traded securities of scrutinized company under certain conditions; providing reporting requirements; prohibiting local governmental entities from entering into contracts with companies on scrutinized list.
HB 953 – Agency Rulemaking Authority by Eisnaugle
Reauthorization of Agency Rulemaking Authority: Provides for suspension of certain rulemaking authority after specified period, until reauthorized by general law; provides for expiration of such reauthorization after specified period; provides for suspension of rulemaking authority upon expiration of its reauthorization, until reauthorized by general law; requires legislative ratification of rules adopted while rulemaking authority is suspended; authorizes Governor to delay suspension of rulemaking authority for specified period upon declaration of public necessity; provides exceptions; revises circumstances for renewal of emergency rules; provides applicability.
HB 981 – Administrative Procedures by Richardson
Provides additional requirements for calculation of estimated adverse impacts & regulatory costs.
HB 7053 – Child Care and Development Block Grant by Education
Expands list of entities that have access to child abuse records for approving providers of school readiness services; requires school readiness program providers to provide DCF & local licensing agencies with access for inspection purposes; requires certain child care providers to submit affidavit of compliance with licensure requirements of ch. 402, F.S., & federal law; provides criteria for exemption from disqualification for employment with school readiness program provider; revises duties of OEL; revises provisions relating to child & parent eligibility for school readiness programs.
HB 7065 – Workforce Innovation & Opportunity Act
Revises provisions related to federal Workforce Investment Act of 1998; provides for implementation of federal Workforce Innovation & Opportunity Act; provides & revises plan requirements & duties & powers of CareerSource Florida, Inc.; provides membership requirements for board of directors of CareerSource Florida, Inc.; requires CareerSource Florida, Inc., in collaboration with specified boards, agencies, & providers, to establish certain uniform performance accountability measures; revises requirements related to plans; revises local workforce development board membership requirements; requires CareerSource Florida, Inc., to establish regional planning areas subject to certain requirements; requires local workforce development boards & specified officials to prepare regional workforce development plan; requires that local workforce development board enter into memorandum of understanding with each mandatory or optional partner for certain purposes; provides that costs will be allocated pursuant to policy established by Governor under certain conditions; revises systems that may be accessed with one-stop delivery system; requires DOE to consult with DEO in preparing, or contracting with entity to prepare, certain economic security reports.
The Senate Children, Families, and Elder Affairs Committee will meet (1::00 – 3:00 pm) to consider the following items and others:
SB 1420 – Child Care Personnel by Bean
Prohibiting certain job applicants from employment with a child care facility, etc.
SB 1676 – Child Transportation Safety by Sachs
Citing this act as the “Haile Brockington Act”; requiring vehicles used to transport children by public entities or by private organizations for hire to be equipped with a certain alarm system by a specified date; requiring the Department of Highway Safety and Motor Vehicles, the Department of Children and Families, and the State Board of Education to adopt rules and maintain a list of alarm manufacturers and approved alarm systems, etc.
The Senate Fiscal Policy Committee will meet (1::00 – 3:00 pm) to consider the following item and others:
SB 962 – Vocational Rehabilitation by Gaetz
Requiring the Division of Vocational Rehabilitation to initiate, by a specified date, a performance improvement plan designed to achieve specified goals; requiring the division to submit a performance report annually, by a specified date, to the Governor and the Legislature which includes specified information, etc.
The Senate Rules Committee will meet (1::00 – 3:00 pm) to consider the following items and others:
SB 500 – Children & Youth Cabinet by Montford
Revising the membership of the cabinet, etc.
SB 774 – Liability Insurance Coverage by Montford
Adding licensed company adjusters to the list of persons who may respond to a claimant’s written request for information relating to liability insurance coverage, etc.
The House will be in Session (3:00 pm – completion of business) to consider the following items and others:
Bills on 3rd Reading:
HB 273 – Public Records by Beshears – READ 2ND TIME; PLACED ON 3RD READING
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 – READ 2ND TIME; AMENDED; PLACED ON 3RDREADING
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 585 – Homebound & Hospitalized Students by Burgess – READ 2ND TIME; PLACED ON 3RD READING
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.
I hope you find this information useful. Please let me know if you have any questions.
Ruth
Ruth Haseman Melton
Director of Government Relations
Florida School Boards Association
Office: 850 / 414-2578
Cell: 850 / 509-6411
Email: melton@fsba.org
