As background, it is important to remember that, in order to be passed, a bill must undergo 3 Readings. The 1stReading occurs with the bill is introduced and its title is published in the chamber’s journal. The bill then is referred to 2-4 committees/subcommittees for consideration – these are called the bill’s committees of reference. Ideally, each bill is heard in each committee of reference in the order in which it is referred. Once the bill is approved by each committee of reference, it is available to be placed on the calendar for consideration by the full chamber. The 2nd Reading occurs when the bill is considered on the floor. The bill is debated and amendments may be approved by a simple majority vote. The 3rd Reading occurs when then bill is again brought up on the floor for debate on final passage. At this point, a two-thirds vote is required to amend the bill, but a simple majority vote is sufficient for final passage of the bill in that chamber. The bill is then sent to the other chamber for consideration. Ultimately, both chambers must pass an identical version of the bill in order for the bill to pass the legislature.
As we enter the last few weeks of the 2016 Session, there will be fewer committee and subcommittee meetings and more time will be spent on floor action on 2nd and 3rd Reading in each chamber. The change from committee meetings to floor meetings may spell the “death” of some bills. As a general rule, a bill that has not been heard and approved in at least one of the committees/subcommittees of reference is extremely unlikely to pass — this is generally true even if the companion bill in the other chamber has successfully passed all of its committees of reference and even if the bill also has successfully passed in the other chamber. However, there are almost always exceptions to this general pattern, so a bill that appears “dead” today, may be revived tomorrow. With all of this in mind, we have revised the main FSBA Bill Tracking List by removing those bills that have not received a hearing in at least one committee/subcommittee in one or both chambers. However, we will continue to keep an eye on the bills we have removed and let you know if any have been revived.
STATUS REPORT ON THE STATE BUDGET
Since the House and Senate passed their respective budgets nearly two weeks ago, many wonder why the Conference Committee process has not begun to work out the differences between the two versions of the budget. The main reason for the delay is that House and Senate leaders are trying to agree on the allocations that will be available for each Conference Committee to work with as they negotiate each major section of the budget – such as education, human services, criminal justice, and so on. On issue that is holding up agreement on allocations is the struggle to compromise on how and to what extent the legislature will accommodate Governor Scott’s two budget priorities: a $1 billion tax cut package and approximately $250 million in funding for economic development incentives. Compromise on the Governor’s priorities is further complicated by somewhat reduced state revenue projections and uncertainty about the fate of the gambling compact. Even with all of these lingering question marks, we still expect that the chambers will name members to the various Conference Committees this week and we expect some preliminary work to be accomplished this week. As always, we will keep you posted of any developments.
In the House Appropriations Committee:
HB 1083 – Agency for Persons with Disabilities by Renner – AMENDED; PASSED WITH A COMMITTEE SUBSTITUTE (CS)
Repeals provisions relating to program for prevention & treatment of severe self-injurious behavior; adds client needs that qualify as extraordinary needs, which may result in increase in client’s allocated funds; requires APD to conduct utilization review; provides for annual reviews for persons involuntarily committed to residential services; abrogates scheduled expiration & reversion of amendments to ss. 393.067(15) & 393.18, F.S.; specifies that AHCA is not required to contract with certain licensed facilities; revises residency limitations for comprehensive transitional education programs. [NOTE: Today’s amendment incorporated an allocation if the funding is not provided in separate legislation.]
In the Senate Governmental Oversight & Accountability Committee:
SB 724 – Public Records / Custodian by Joyner – NOT CONSIDERED
Authorizing a court to hold a custodian of a public record personally liable for the reasonable costs of enforcement, including attorney fees, in a civil action to enforce ch, 119, F.S., if certain conditions exist, etc. [NOTE: This is the 5thtime that this bill was not considered in this Committee, making it increasingly unlikely that this bill will move forward, especially since the House companion – HB 857 – has not been heard in any committee.]
COMING UP TOMORROW
[NOTE: In Tuesday’s House Session agenda, you will see several pairings of the House and Senate version of a bill. This is part of the legislative process to ensure that both chambers pass an identical version of a bill. If the House and Senate versions of the bill are already identical, typically, one chamber will substitute the other chamber’s version of the bill (which has already passed the other chamber) for its own version, lay their own version on the table, and then the single version will be then be placed on the calendar for 3rd Reading when it will be taken up again and considered for final passage. If the House and Senate versions of the bill are NOT identical, the chamber may either accept the other chamber’s version and substitute it for their own version — in which case the bill will proceed to 3rd Reading and final passage — or the chamber may amend the other chamber’s version – in which case the bill will be returned to the other chamber for consideration of the amended bill.]
The House will be in Session (10:00 am – completion of business) to consider the following bills and others:
Bills on 2nd Reading:
HB 7107 – Public Employees / Retirement by State Affairs
Authorizes renewed membership in retirement system for certain retirees who are reemployed in position eligible for Elected Officers’ Class; provides for renewed membership in retirement system for certain retirees of Senior Management Service Optional Annuity Program who are reemployed on or after specified date; requires that certain retirees who are reemployed on or after specified date be renewed members in investment plan; provides vesting requirements; prohibits renewed member from receiving specified disability benefits; requires employer & retiree to make applicable contributions to renewed member’s investment plan account; prohibits participation in pension plan; provides that retiree reemployed on or after specified date in regularly established position eligible for State University System Optional Retirement Program or State Community College System Optional Retirement Program is renewed member of that program; authorizes payment of death benefits to surviving spouse or surviving children of member in investment plan; authorizes state board & department to adopt rules; adjusts employer contribution rates in order to fund changes made by act; provides directive to the Division of Law Revision & Information; provides appropriation.
HB 183 – Administrative Procedures by Adkins
Revises requirements related to administrative proceedings regarding rules, proposed rules, unadopted rules, & agency statements; revises authorities of administrative law judges; revises provisions regarding noticing of agency actions; authorizes petitioners to pursue collateral challenges; expands agency reporting requirements of certain minor rules; revises certain timeframes in administrative proceedings; requires certain challenges for regulatory permits for special events to follow summary hearing provisions.
HB 11 – Missing Persons with Special Needs by Porter
SB 230 – Missing Persons with Special Needs by Dean
Creates pilot projects in specified counties to provide personal devices to aid search-and-rescue efforts for persons with special needs; provides for administration of projects; requires reports; provides for expiration; provides appropriations. [NOTE: These bills are similar, but not identical.]
HB 147 – Criminal Records / Minors by Latvala
SB 386 – Criminal Records / Minors by Detert
Provides for nonjudicial expunction of criminal history of offense after specified period for minor who is not serious or habitual juvenile offender; provides exception for specified minors to apply for expunction before attaining 21 years of age; establishes application process & requiring specified documentation be submitted; requiring sworn statement from applicant; eliminates deadline for submission of application by minor for prearrest or postarrest diversion expunction. [NOTE: These bills are similar, but not identical.]
HB 293 – Juvenile Criminal History Records by Pritchett
Specifies that certain confidential information obtained under ch. 985, F.S., relating to juvenile justice, is exempt from public records requirements; revises applicability of public records requirements with respect to arrest records of certain juvenile offenders; authorizes records custodians to choose not to electronically publish specified arrest or booking photos of juveniles; provides for future review & repeal of such applicability provisions; provides exemption from public records requirements for juvenile information compiled by Criminal Justice Information Program from intrastate sources; provides exceptions; provides for future review & repeal of exemption; provides for release by FDLE of criminal history information of juvenile which has been deemed confidential & exempt; reenacts provisions; provides statement of public necessity.
HB 793 – Florida Bright Futures Scholarship Program by O’Toole
Provides that initial award period & renewal period for students who are unable to accept initial award immediately after high school due to specific obligations begins upon completion of obligation; requires student, as prerequisite for certain awards, to identify social or civic issue or professional area of interest & develop specified plan; creates Florida Gold Seal CAPE Scholars award; provides appropriation.
HB 791 – Local Tax Referenda by Ingoglia
Prohibits local government discretionary sales surtax referenda from being held during special elections; specifies varying percentage of electors voting in referendum which is required, depending on type of election at which referendum is held, to adopt or amend local government discretionary sales surtax. [NOTE: This bill would apply to referenda for the School Capital Outlay Surtax, but appears not to apply to referenda for millage levies. In addition, the bill would not impact the 2016 election cycle.]
HB 527 – Scrutinized Companies by Workman
SB 86 – Scrutinized Companies by Negron
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. [NOTE: These bills are similar, but not identical.]
HB 1147 – Character Education / Life Skills by Latvala
Requires character-development programs to provide certain instruction to students in grades 9-12.
HB 7037 – OGSR/Audit Report & Records by Government Operations
SB 7002 – OGSR/Audit Report & Records by Community Affairs
Removes scheduled repeal of public records exemption for certain information related to audit report of internal auditor or investigative report of inspector general prepared for or on behalf of local government unit. [NOTE: These bills are identical.]
HB 7067 – OGSR/Competitive Solicitation by Gov. Ops.
SB 7030 – OGSR/Competitive Solicitation by Gov. Oversight
Removes scheduled repeal of public records & meetings exemptions for certain information related to competitive solicitation. [NOTE: These bills are identical.]
The Senate will be in Session (10:00 am – 12:00 pm) to consider the following bills and others:
Bills on 2nd Reading:
SB 468 – Computer Coding Instruction by Ring
Requiring high schools to offer computer coding courses; requiring the Commissioner of Education to identify the computer coding courses that satisfy two credits of foreign language instruction under certain circumstances; requiring Florida College System institutions and state universities to recognize the credits as foreign language credits, etc.
SB 7058 – Early Childhood Development by Education PreK-12
Providing an exception from a prohibition against the use of information in the Department of Children and Families central abuse hotline for employment screening of certain child care personnel; revising the requirements for the Department of Health to maintain a clearinghouse of information for parents and health care providers and to increase public awareness of developmental evaluation and early intervention programs; establishing the Early Steps Program within the department, etc.
HB 7053 – Child Care & 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.
Bills on 3rd Reading:
SB 1004 – Public Records/Security Systems by Hays
Revising exceptions to a public records exemption; providing exceptions to a public records exemption, etc.
SB 7040 – Workforce Innovation & Opportunity Act
Providing implementation of the federal Workforce Innovation and Opportunity Act through a 4-year plan; deleting a provision authorizing an optional federal partner to fulfill certain state planning and reporting requirements; revising the entities required to collaborate with CareerSource Florida, Inc., to establish certain performance accountability measures; requiring CareerSource Florida, Inc., to establish regional planning areas subject to certain requirements by a certain date, etc.
SB 752 – Public Records/Agency Inspector General by Abruzzo
Providing an exemption from public records requirements for certain identifying and 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 certain activities that could lead to criminal prosecution or administrative discipline, and the spouses and children thereof; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
I hope you find this information useful. Please let me know if you have any questions.