Information Sheet

2012 LEGISLATIVE SESSION Key Legislation Review

A series of 2012 Session Outlooks published by the Florida Current were used in listing the filed legislation and status, certain descriptions of bills, and other selections are rendered verbatim as credited parenthetically.

Health Care and Hospitals

This area is expected to be a football in the budget debate primarily; this includes the chronic, scandalous under-funding of the Agency for Persons with Disabilities (APD) budget as well as Medicaid. There is not much expected in areas of policy. But well see. Gov. Scotts Public Hospital Commission recently released its final report with several recommendations that may see daylight by the end of the session. Leadership has said that nothing sweeping will likely occur. Piecemeal would seem very possible, like these recommendations: Sunset the district every 8-12 years, requiring voters to opt to renew it, likely based on the assumption that a district would not be needed for some reason in the future; Make districts into indigent care districts, which may hinder or even eliminate the districts ability to raise capital funds, for example; Allow all providers of unreimbursed indigent care to receive payment through the hospital district; Separate entirely the membership of the district board from the hospital board.

For a full view of the anti-public hospital opinion, local opponent to MRMC, Brad Dinkins, wrote his opinions in a Sunday Op-Ed piece in the Star Banner. Dinkins earlier recommendations to the Commission received a response by Dr. James Zingale of Safety Net Hospital Alliance. The filed legislation below seems designed to restrict hospital districts authority to enter into a sale or lease with a public hospital, requiring disclosure of criteria for pursuing the option, and generally requiring voter referenda or circuit court approval before the transaction is completed. SB 0464 Relating to Sale or Lease of a County, District, or Municipal Hospital (Garcia (R)) 01/03/12 SENATE On Committee agenda - Health Regulation, 01/12/12, 10:15 am, 412 K HB 0711 Relating to Sale or Lease of a County, District, or Municipal Hospital (Hooper) 11/29/11 HOUSE Now in Health & Human Services Quality Subcommittee HB 0895 Relating to Sale or Lease of a County, District, or Municipal Hospital (Patronis) 12/21/11 HOUSE Now in Health & Human Services Quality Subcommittee

Education
While the Governor created a furor with his comments about adopting a higher education reform plan akin to a recent Texas proposal, leadership has again stated that it does not expect to do much during this session. (Here is a Texas critique of the Texas proposal.) Higher education reform does not lend itself to a piecemeal approach. K12 saw lots of policy action last year. This year, funding concerns tend to dominate as basic education funding and PECO (building funds) are in the budget battleground. Recent admissions by Education Commissioner Gerard Robinson that merit pay was to be funded by local districts was always the expectation, the muddy criteria for teacher evaluation, tougher FCAT 2.0 testing, and damaging adult ed fees are all outside the legislative agenda. The failed and corrupt reform projects like charters, virtuals, and vouchers are also unlikely to be examined or make the agenda. Oddly, there is legislation to make Education Commissioner a cabinet-level elected office once again. No, no one seems to know why: SB 0096 Relating to Commissioner of Education (Negron) 01/09/12 SENATE Temporarily postponed by Education Pre-K - 12 HB 0305 Relating to Commissioner of Education (Albritton) 10/28/11 HOUSE Referred to Education Committee; State Affairs Committee; Appropriations Committee

Environment and Growth Management

You may think the scorched earth legislation in this area left nothing standing after last year, but there is more in store for 2012. Lets start with growth management: SB 0440 Relating to Initiatives and Referenda (Bennett) 12/14/11 HOUSE Now in Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations SB 0842 Relating to Growth Management (Bennett) 12/06/11 SENATE Referred to Community Affairs; Commerce and Tourism; Budget HB 0603 Relating to Growth Management (Weinstein) 11/21/11 HOUSE Referred to Community & Military Affairs Subcommittee; Finance & Tax Committee; Economic Affairs Committee SB 0912 Relating to Growth Management (Bennett) 12/06/11 SENATE Referred to Community Affairs; Education Pre-K - 12; Transportation; Budget

SB 1180 Relating to Developments of Regional Impact (Bennett) 12/07/11 SENATE Filed Emphasis last year was complimentary in removing state oversight in some areas, and removing local control in other areas. The net effect is always pro-developer. SB 440 by Bennett would exempt local governments that have charter revisions as of June 1, 2011. (Florida Current) SB 842 is the main glitch bill as it eliminates references in state law to the Florida Department of Community Affairs. (Florida Current) HB 603 would prohibit cities and counties from applying impact fees until July 1, 2015 unless approved by a two-thirds commission vote. (Florida Current) SB 1180 would allow local governments in cities and counties still subject to the DRI process (Developments of Regional Impact big stuff) to direct those developments into an alternative "coordinated review" process. Developers like it because they said the alternative process will allow for faster approval, but only if local governments agree to go that route. (Florida Current) On environment and natural resources, funding for conservation program Florida Forever, with bi-partisan support until lately, is a key budget question. Other items related to water issues as well as permitting are in the policy debate: HB 0999 Relating to Onsite Sewage Treatment and Disposal Systems (Dorworth) 12/28/11 HOUSE Now in Economic Affairs Committee HB 0079 Relating to Onsite Sewage Treatment and Disposal Systems (Coley) 09/15/11 HOUSE Now in Agriculture & Natural Resources Subcommittee SB 0114 Relating to Onsite Sewage Treatment and Disposal Systems (Evers) 09/08/11 SENATE Referred to Health Regulation; Environmental Preservation and Conservation; Budget SB 0178 Relating to Onsite Sewage Treatment and Disposal Systems (Lynn) 09/08/11 SENATE Referred to Health Regulation; Environmental Preservation and Conservation; Budget SB 0604 Relating to Limited Certification for Urban Landscape Commercial Fertilizer Application (Dean) 12/23/11 SENATE Removed from committee agenda - Community Affairs HB 0421 Relating to Limited Certification for Urban Landscape Commercial Fertilizer Application (Smith (J)) 11/17/11 HOUSE Now in Community and Military Affairs Subcommittee HB 0503 Relating to Environmental Regulation (Patronis) 01/04/12 HOUSE Now in Rulemaking & Regulation Subcommittee SB 0820 Relating to Onsite Sewage Treatment and Disposal Systems (Dean) 01/09/12 SENATE Favorable with CS by Environmental Preservation and Conservation; 7 Yeas, 0 Nays HB 0639 Relating to Reclaimed Water (Young) 12/07/11 HOUSE Now in Agriculture & Natural Resources Subcommittee HB 7003 Relating to Environmental Resource Permitting (Agriculture & Natural Resources Subcommittee) 12/29/11 HOUSE Now in State Affairs Committee

HB 503 is a re-filing of last years sweeping bill to ease permitting for, well, almost everything. Developers drool over it; environmentalists foam at the mouth. HB 7003 would authorize the Florida Department of Environmental Protection (DEP) to propose a statewide rule for the combined wetland and stormwater permit issued by the department and the state's five water management districts. (Florida Current) SB 604 and HB 421 are causing groups to line up on opposite sides of the debate over local fertilizer regulations. The bills would exempt certified landscaping professionals from being subject to local fertilizer ordinances. (Florida Current) HB 639 seeks to exempt reclaimed water from consumptive use permitting, thereby removing water as a public resource under state law. Environmentalists also are concerned legislation to extend other water-use permits beyond 20 years. (Florida Current) SB 820 by Sen. Charlie Dean has counties with first magnitude springs (yes, Marion) required to adopt the 5 year septic tank inspection requirement unless there is specific local action to opt out. However, HB 999 seeks to completely repeal the 5 year septic tank inspection requirement passed in 2010; the Tea Party wants it killed.

Insurance: Property & PIP

Cmon, let it out big, big yawn for insurance. Thats better. They dont like Citizens Property Insurance, Charlie Crists creation (Charlie hated hated! insurance companies.) Insurance companies never want government taking their business. Citizens is no longer the insurer of last resort, but often the only insurer. But Citizens rates are much lower than the for-profiteers who would be able to charge ludicrous rates if only Citizens wasnt there. What to do? They dont like PIP automotive personal injury protection any longer. There has been a raft of fraudulent claims plaguing the PIP no-fault process. With so many Floridians without health insurance, well, there is um PIP. As a mandated insurance program, insurance companies arent particularly fond of it anyway and would like to see it eliminated. But ending PIP could send a slew of claims into the already creaking courts (advantage: insurance companies, lawyers). What to do? HB 0119 Relating to Motor Vehicle Personal Injury Protection Insurance (Boyd) 01/09/12 HOUSE On Committee agenda - Insurance & Banking Subcommittee, 01/11/12 HB 0245 Relating to Depopulation Programs of Citizens Property Insurance Corp (Boyd) 11/28/11 HOUSE Now in Economic Affairs Committee SB 0578 Relating to Depopulation Programs of Citizens Property Insurance Corp (Richter) 01/09/12 SENATE On Committee agenda-Budget Subcommittee on General Government Appropriations HB 0833 Relating to Florida Hurricane Catastrophe Fund (Hager) 12/12/11 HOUSE Now in Insurance & Banking Subcommittee

On PIP, HB 119 puts in certain limits and accountability measures, but also caps lawyer fees a perennial favorite target. As if insurance and health care isnt enough of a fight, this bill invites lawyers into the scrum. Oh, goodie. Dont be surprised if some other legislation gets filed. On Citizens, SB 578 and HB 245 would make it easier for surplus lines carriers to do business in the state. Surplus lines carriers are outside of the regulation of Floridas Office of Insurance Regulation (OIR), which means they may have much less capitalization to cover claims, may have different kinds of coverage, and may charge more than in-state regulated insurers; freedom of rate and form. On the Cat Fund (Florida Hurricane Catastrophe Fund), HB 833 increases fees charged to insurance companies to boost the funding and decrease the shortfall in case of a major hurricane. The costs will likely pass through to be paid by consumers. The question is how much will consumers get stuck paying. Tea Party types often call this a tax on consumers already.

Budget and Taxes, and Gaming

The state expects to come up $2 billion short between declining revenues and the end of certain stimulus funds. The Governor wants to skimp no hospital reimbursements and charge Medicaid participants in order to boost education spending; no one cares about poor people while everyone loves kids its an election year. There is still a move to cut taxes on businesses, sponsored by The Villages Marlene OToole (HB 1063) and Umatillas Sen. Alan Hays (SB 760). The dollar impact on local governments could be severe; in this environment, any cuts for anyone are a hard swallow. There is also Gov. Scotts proposal to double the intangible property exemption for small businesses with an estimated cost of about $25 million. There is also SB 314 which would cap tax rates, particularly if property values drop (vs. recapture), expand an exemption to non-homestead property, a bill that never made it last year and is trying again to become an amendment on the ballot. The cost is not referenced. The sales tax bills including those referencing the Streamlined Sales and Use Tax Agreement (SSUTA) are trying to clear the way for collection of an internet sales tax. There is also HB 1181 which seeks to make such tax collection revenue neutral. In other words, cut spending by the same amount that the tax collection is supposed to generate. Stop shaking your head; its a Republican ideology rationale. And then there is gaming. It isnt just casinos. It is Seminoles, pari-mutuels, slots, internet cafes, Disney, and nutty claims and counter-claims about jobs. What a mess. HB 0003 Relating to Prohibition of Simulated Gambling Devices (Plakon) 09/15/11 HOUSE Now in Business & Consumer Affairs Subcommittee SB 0380 Relating to Game Promotion (Diaz de la Portilla)

10/18/11 SENATE Referred to Regulated Industries; Commerce and Tourism; Budget HB 0487 Relating to Gaming (Fresen) 12/07/11 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference; 12/09/11, 9:00 am, 117 K (No Votes Will Be Taken) SB 0710 Relating to Gaming (Bogdanoff) 01/09/12 SENATE Favorable with CS by Regulated Industries; 7 Yeas, 3 Nays SB 0430 Relating to Streamlined Sales and Use Tax Agreement (Lynn) 11/02/11 SENATE Referred to Commerce and Tourism; Budget HB 0321 Relating to Streamlined Sales and Use Tax Agreement (Rehwinkel Vasilinda) 10/28/11 HOUSE Referred to Finance & Tax Committee; Appropriations Committee SB 0126 Relating to Streamlined Sales and Use Tax Agreement (Lynn) 10/03/11 SENATE Subreferred to Budget Subcommittee on Finance and Tax; Now in Budget Subcommittee on Finance and Tax SB 0312 Relating to Rescinding and Withdrawing House Joint Resolution 381 (2011) (Simmons) 12/13/11 SENATE Now in Budget Subcommittee on Finance and Tax SB 0314 Relating to Ad Valorem Taxation (Simmons) 01/04/12 Bill to Be Discussed During the Office of EDR's Revenue Estimating Impact Conference; 1/6/12, 9:00am, 117 K (No Votes Will Be Taken) SB 0430 Relating to Streamlined Sales and Use Tax Agreement (Lynn) 11/02/11 SENATE Referred to Commerce and Tourism; Budget SB 0760 Relating to Local Business Taxes (Hays) 11/21/11 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference; 11/28/11, 1:30 PM, 117 K (No Votes Will Be Taken) SB 0982 Relating to Tax on Sales, Use, and Other Transactions (Bogdanoff) 12/07/11 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference; 12/09/11, 9:00 am, 117 K (No Votes Will Be Taken) SB 1022 Relating to Sales Tax Increment Districts (Garcia (R)) 12/08/11 SENATE Referred to Commerce and Tourism; Community Affairs; Budget HB 0737 Relating to Tax on Sales, Use, and Other Transactions (Porter) 12/07/11 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference; 12/09/11, 9:00 am, 117 K (No Votes Will Be Taken) HB 1181 Relating to Revenue-Neutral Tax Reform (Costello) 01/09/12 HOUSE Now in Finance & Tax Committee Once again, be prepared for irrational restrictions and reductions in revenues when facing a $2 billion deficit, and the contentious and typically counter-productive reach for gambling funds to improve state revenue. Also keep an eye out for energy legislation. With utilities pretty much calling the shots on the Public Service Commission and donating heavily to campaigns, nothing exciting is likely; the public utilities want to run everything and profit wildly. The Florida Current had a page devoted to Utilities and Energy; click here.