HomeMy Public PortalAboutLTC 054-2015 - 2015 Florida Legislative Session - Week 2 Report.SAL UR
F L O R I D A S P A R A OD I S E
OFFICE OF THE VILLAGE MANAGER
NO. 054-2015 LETTER TO COUNCIL
TO: Mayor Martin Packer and Members of the Village Council
FROM: Jorge M. Gonzalez, Village Manager
DATE: March 16, 2015
SUBJECT: 2015 Florida Legislative Session -Week 2 Report
The purpose of this Letter to Council (LTC) is to transmit the 2015 Florida Legislative
Session - Week 2 report for the week of March 9 - 13, 2015 provided by Ron L. Book.
Please let me know if you need additional information.
Rondld L Book, P. A,
IRW Offl(h
PROINOW 11NOR1100
2015 Session
Week Report
BUDGET - During week 2 of the 2015 Regular Session the Senate introduced and unanimously passed
the Health Insurance Affordability Exchange, SB 7044 by the Senate Health Policy committee, which
is intended to draw down $50 billion in federal funding over ten years, for approximately 800,000
uninsured in Florida. The bill will next be heard on 3/17/15, in the Appropriations Subcommittee on
Health and Human Services, making it clear to the House and Governor, who oppose the idea, that the
Senate is moving forward with this plan.
The bill creates the Florida Health Insurance Affordability Exchange Program (FHIX) and would enroll
low-income residents in private insurance. Through this bill that creates a way to draw down federal
dollars, the Senate is moving swiftly toward solving the looming budget funding issue of Medicaid
expansion. Should the Federal government do away with the billions in federal aid Florida receives for
the uninsured, it leaves an enormous gap of approximately $2 billion in funding for the budget that the
Legislature must structure for FY 2015 — 2016.
In light of this potential funding shortfall, the House has put forth its budget allocations this week,
without addressing the issue. The House Speaker and several of the members of his leadership team have
shunned the idea of accepting Federal dollars for either Medicaid expansion or the Low Income Pool,
(LIP), which could end without an extension. The loss of Federal health care funding, coupled with the
Governors desire for further tax cuts puts the budget and budget allocations for both the House and Senate
budget subcommittees, in an unpredictable spot for the moment. As the week ended, the budget
subcommittees in the House received their allocations, and the Senate allocations should be made public
early next week.
We will continue to keep you updated on issues as they move through the process. As bills continue to be
heard, we will add to our weekly reports. At the end of each week, we will send a comprehensive report
on the legislative session and issues affecting local governments. Included in this report, are the following
topics:
• Pension Reform
• Gaming
• Local Government Regulation — Various Issues
• Amendment I and Environment
• Red Light Cameras
• Taxi, Limousines and Uber - Preemption of Local Governments
• Film and Entertainment Incentives
• Health Insurance Coverage for Emergency Services
Should you have any questions regarding legislation or legislative action, please do not hesitate to call or
email us.
Harbour Centre 118851 N.E. 29th Ave., Ste. 1010 1 Aventura, FL 33180
Phone: 305.935.1866 1 Fax: 305,935.9737
104 West Jefferson Street I Tallahassee, FL 32301
Phone: 850.224.3427 1 Fax 850.224.3361
WATER PROJECTS AND BEACH RENOURISHMENT
As the legislative process moves forward, we continue to work with both Representative Albritton, Chair
of the House Natural Resources Appropriations Committee and the Senator Hays, Chairman of the Senate
Appropriations Subcommittee on General Government. As the Legislature restructures the State Budget
to focus Amendment 1 spending on the environment, water projects, beach renourishment will be front
and center. We continue to advocate for funding for water and beach renourishment projects and will
continue to update you as the budget process moves forward.
PENSION REFORM
Retirement, HB 1279 by Representative Adkins revises membership requirements and length of terms
for those who serve on a board of trustees of firefighters' pension trust fund and municipal police officers'
retirement trust fund. It provides duties of the board relating to reporting of expenses and operation,
including auditing; revises provisions relating to municipalities and special fire control districts that have
their own pension plans and that want to participate in distribution of tax fund, and revises duties of board
of trustees of pension plan.
HB 1279 will be heard in the House Committee on Government Operations Subcommittee, 3/17/15.
A proposed committee substitute was filed this weekend to HB 1279:
http://static.lobbytools.com/bills/2015/pdf/1279010000.pdf .
Publicly Funded Retirement Plans SB 242 by Senator Brandes would require that cities immediately
transition from the use of old, and apparently very outdated mortality tables, to the use of the most recent
mortality tables, (used for the FRS state retirement program), which would cause a sharp rise in liability
in each municipal's pension. These more updated mortality tables would more correctly assess pension
liability, which is the bill sponsor, Senator Brandes' objective. An immediate shift would causes a sharp
increase in liability pension costs for cities.
The Florida League of Cities opposed this bill in committee today. Senator Bradley asked the League
what type of transition would be needed, to which their representative said possibly a 5-year transition.
Senator Brandes, sponsor of the bill, didn't seem to move on that.
Both Senators Bradley and Brandes were the only committee members who asked questions about the
need for accuracy in municipal pension liability calculation, and about whether accuracy in mortality rate
calculation is more important than a low liability that would result in a municipality's inability to fund its
pension.
The Senate bill passed 6 - 0. Drake has the companion bill HB 1309, which has not moved.
Local Government Pension Reform: SB 172 by Senators Bradley and Ring, was not heard this week.
The bill addresses two areas of reform: the minimum benefit accrual rate and the insurance premium tax
revenues.
Minimum Benefit Accrual Rate: The bill changes the minimum benefit accrual rate from 2.0 percent to
2.75 percent annual accrual. However if a plan is below 2.75% accrual rate on July 1, 2014, the city must
maintain the rate as of July 1, 2014. If the plan is currently above or goes above the 2.75% accrual rate in
the future, you must remain at 2.75% or greater.
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Insurance Premium Tax Revenues: Senator Ring explained that this section of the bill is bifurcated into
two tracts. First, it addresses pre-1997 insurance premium taxes, where those revenues are used to meet
plan minimums. Over the 2013 level, of the additional premium taxes, 50% go to fund minimums and
50% go into a defined contribution plan.
And secondly, post-1997 to 2012, insurance premium taxes are used to pay for benefits above the
minimum. If the insurance premium tax revenue funds full cost of the benefits over minimum, any excess
revenue is to be used for 50% defined contribution plan and 50% plan minimums. In addition, any new
plans created after July 1 2014, must meet new plan minimums, and 50% of taxes would be used for
defined benefits and 50% to be used for defined contribution.
By mutual consent of the negotiating entities — the members' collective bargaining representative or, if
there is none, by majority consent of the members' of the fund, and the consent of the municipality (or
special fire control district) — plans may deviate from the above use of premium taxes, as long as
minimums are met. If a plan is below minimums on October 1, 2012, it may continue under mutual
consent. Without mutual consent, all accumulated dollars from 1997 to 2013, for plans under 100%
funded, are split 50% to the plans' participants and 50% to the UAL. Without mutual consent, all
accumulated dollars from 1997 to 2013, for plans at 100% funded, are going 100% to special benefits.
Local Government Pension Reform HB 341 by Representative Cummings — This week, the
Government Operations Subcommittee adopted a strike -all amendment, which does the following:
• Revises the definition of "base premium tax revenues" to mean the revenues received during the
2013 calendar year, rather than the 1997 calendar year. For a municipality or special fire control
district that did not receive premium tax revenues during 2013, the base premium tax revenues
are those revenues received during the second calendar year of participation.
• Revises how insurance premium tax revenues must be used. It amends the default formula for the
use of the insurance premium tax revenues if the parties cannot agree through mutual consent.
Rather than four silos of revenue, the committee substitute provides for two silos.
• Maintains a two percent minimum pension plan multiplier, rather than 2.75 percent.
• Clarifies that only active members of the plan may participate and vote for purposes of mutual
consent.
HB 341 passed the Government Operations Subcommittee, 8 — 4. Additionally, one committee of
reference was removed, and now will be heard in the State Affairs Committee.
GAMING
Racing Animals SB 226 by Senator Latvala - CS/SB 226 modifies requirements regarding prohibited
medication or drugging of racing animals (horses and greyhounds). Violations are no longer contingent
upon a person administering or causing a prohibited substance to be administered; the mere presence of a
prohibited substance in a racing animal is evidence of the violation. The fine for violations may be up to
$10,000 or the race winnings (purse or sweepstakes amount), whichever is greater. Prosecutions must be
started within 90 days of the race date.
The bill sets forth the Division of Pari-Mutual Wagering responsibilities and duties regarding collecting
and testing samples from animals. The bill requires the Division to adopt rules regarding the use and
allowed levels of medications, drugs, and naturally occurring substances in racing animals, as listed by
the Association of Racing Commissioners International (ARCI), requires the division to adopt rules that
include a classification system for drugs and incorporates ARCI's Penalty Guidelines for drug violations
and eliminates a limitation on the testing methodology that may be used to screen samples for prohibited
substances.
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The fine for violations may be up to $10,000 or the race winnings (purse or sweepstakes amount),
whichever is greater. The current provisions that allow the division to revoke or suspend the violator's
license, require the full or partial return of the purse sweepstakes and race trophy, or impose any
combination of the fine and other penalties, are not changed.
CS/SB 266 partially addresses the division's concern with shortening the existing deadline to initiate
prosecutions of violations from 2 years from the date of the race to only 60 days, and provides that
initiation of prosecutions must be within 90 days after the violation.
SB 226 passed the committee on Agriculture; 6 - 0 and will next be heard in the Appropriations
committee on 3/18/15.
The companion bill, HB 239 by Fitzenhagen has passed its committees and is ready for floor action.
Gaming HB 1233 by Representative Young — This is an omnibus gaming bill that comprehensively
addresses gaming in Florida. The bill does the following:
• Allows two destination resort licenses for Florida. The bill provides incentives for resort casinos
to buy existing permits instead of obtaining new ones. Those casinos would also have to make a
$2 billion capital investment and pay a minimum of $175 million in taxes per year, gain the
support of local governments via referendum . 10 % of the resort casino's floor space would be
dedicated to games.
• Decouples greyhound racing and gambling.
• Dog tracks would be required to report animal injuries
• Creates a new Department of Gaming Control which would oversee all gambling related
activities. This would replace and expand on the Division of Pari-Mutuel Wagering and would be
funded through a new trust fund created by HB 1237
• Reduces existing pari-mutuel tax rate from 35 % to 25 %
• Ends all tax credits for dog tracks and allows four tracks to operate in the state
• Palm Beach and Lee counties could also operate slot machines at their dog tracks or at stand-
alone facilities. (each county has passed a referendum for slot machines.)
• Create a moratorium on new gambling permits.
Greyhound Racing Injuries SB 2 by Senator Sobel - The "Victoria Q. Gaetz Racing Greyhound
Protection Act;" requires injuries to racing greyhounds to be reported on a form adopted by the Division
of Pari-mutuel Wagering in the Department of Business and Professional Regulation.
Passed the Senate with a vote of 38-0, and is in messages to the House.
The companion bill, HB 129 by Representative Moskowitz has not yet been heard.
LOCAL GOVERNMENT REGULATION
Disposable Plastic Bags HB 661 by Representative Richardson and co -sponsored by Representatives
Geller, Jacobs, Rehwinkel Vasilinda, Rodriguez (J), Watson (C) would authorize local governments, with
a population of fewer than 100,000, to establish pilot programs for regulation or ban of disposable plastic
bags. A total preemption of local government regulation of plastic bag use was passed in the 2008 regular
Session.
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This bill requires that a municipality (of fewer than 100,000) who establishes a pilot program, shall do the
following:
• By December 31, 2015, enact an ordinance for the regulation or ban of disposable plastic bags
that begins January 1, 2016, and expires June 30, 2018. Such ordinance may not include any new
taxes or fees on the use or distribution of disposable plastic bags.
• Collect data pertaining to the impact of the ban.
• By April 1, 2018, submit a report on the impact of the ban to the governing body of the
municipality at a public hearing that is open to comments from the public.
• Provide a copy of the report to the department.
• A municipality may continue to regulate or ban disposable plastic bags after June 30, 2018, if the
municipality enacts an ordinance after April 1, 2018, indicating that the municipality will
continue the regulation or ban of plastic bags, notwithstanding s. 403.7033.
Neither HB 661 nor the Senate companion, SB 966 have been heard to date.
Sober Homes SB 326 sponsored by Senator Clemens, was heard this week and amended to accomplish
the following:
The recommended committee substitute:
• Defines a "certified recovery residence" as a recovery residence that holds a valid certificate of
compliance and is actively managed by a certified recovery residence administrator, as opposed
to the underlying bill in which either condition would suffice;
• Includes "sexual offender/predator registry complaint policy" in the list of documents that must
be submitted with an application to become a certified recovery residence;
• Removes the condition that a recovery residence seeking certification must submit a fee before
being inspected by a credentialing entity;
• Removes duplicative language relating to the requirement for a credentialing entity to establish
certification requirements for administrators according to nationally recognized standards;
• Requires all applications for recovery residence certification to include the name of the certified
administrator who will actively manage the residence;
• Requires the DCF to notify a credentialing entity of the eligibility of prospective officers of an
applicant recovery residence, based on the results of background screening, as opposed to the
underlying bill in which the DCF is required to notify a credentialing entity of the results of the
background screening;
• Requires a certified recovery residence to notify the credentialing entity within three business
days of the removal of the residence's administrator for any reason, and the residence is given 30
days to retain a new certified administrator;
• Requires the DCF to notify a credentialing entity of the eligibility of an individual seeking
recovery residence administrator certification, based on the results of background screening, as
opposed to the underlying bill in which the DCF is required to notify a credentialing entity of the
results of the background screening;
• Specifies that a certified administrator may not managed more than one recovery residence at a
time;
• Removes from the bill all provisions relating to recovery residences being qualified by a certified
administrator to receive referrals from substance abuse recovery service providers;
• Requires that any requests for exemptions to staff disqualifications or administrator ineligibility
must be submitted by a recovery residence within 20 days of the denial; and
• Allows service providers to refer patients to recovery residences only if the residence is certified
and is actively managed by a certified administrator, as opposed to the underlying bill in which
either condition would suffice.
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SB 326 by Senator Clemens, passed the Appropriations Subcommittee on Health and Human Services, by
a vote of8-0.
Sober Homes / Substance Abuse Services HB 21 by Representative Hager passed the Health and
Human Services committee 18 — 0.
Communication Services Tax (CST) SB 110 by Senator Hukill — The committee substitute for SB 110:
• Reduces the state portion of the CST rate by 3.6 percent, from 6.65 percent to 3.05 percent, and
the tax rate on direct -to -home satellite services, from 10.8 percent to 7.2 percent.
• Makes conforming changes to the combined billing rate for CST and gross receipts tax by
reducing it by 3.6 percent, from 6.8 percent to 3.2 percent.
• Delays the implementation of the distribution for direct -to -home satellite services revenues to
August 1, 2015 and for the remaining tax revenue received from the CST to September 1, 2015.
• Reduces the percentage of direct -to -home satellite CST tax revenues allocated to the state from
63 percent to 44.5 percent to ensure that local governments continue to receive the same amount
of distributions as they receive under current law.
• Revises the following distributed amounts:
o Increases to 9.0739 percent from 8.8854 percent the amount remitted by a sales tax dealer
located within a participating county that is transferred into the Local Government Half -
cent Sales Tax Clearing Trust Fund.
o Increases to 0.0976 percent from 0.0956 percent of the available proceeds that are to be
transferred to the Local Government Half -cent Sales Clearing Trust Fund for emergency
distribution.
o Increases to 2.1039 percent from 2.0603 percent of the available proceeds that are to be
transferred to the Revenue Sharing Trust Fund for counties.
o Increases to 1.3803 percent from 1.3517 percent of the available proceeds that are
transferred to the Revenue Sharing Trust Fund for municipalities.
o Revises the effective date clause to reflect the different implementing dates in the act and
changes the effective date to July 1, 2015 from upon becoming a law.
SB 110 will be heard in Finance and Tax, next week. The F&T committee is chaired by this bill sponsor,
Senator Hukill.
Local Government Construction Preferences HB 113 by Representative Perry would prohibit local
ordinances and regulations from restricting competition for award of construction services; requires state
college, school district, or other political subdivision to make disclosures in competitive solicitation
documents.
HB 113 was not heard this week
SB 778 by Senator Hays is the companion bill, and will be heard in the Committee on Governmental
Oversight and Accountability on 3/17/15.
Local Government Services / Municipal Utility Services: HB 337 by Representative Mayfield would
have adversely affected a municipality's ability to regulate services provided outside of the municipal
boundaries. We have discussed this bill with the sponsor and the bill is going to be withdrawn from
further consideration. It may be reintroduced as a local bill this year that would only affect the Indian
River County area. Additionally, the Senate companion, SB 442 by Senator Altman was temporarily
postponed and is not expected to be heard.
M
Regional Planning Councils SB 484 by Senator Simpson (the House companion is HB 873 by
Representative Mayfield) as originally filed would have eliminated the 11 Regional Planning Councils.
Senator Simpson offered a strike -everything amendment that would reduce the RPCs from 11 to 10,
eliminate duties that are duplicative and obsolete, and fund the RPCs with $2.5 million as has been
funded in past years. The bill passed the Committee on Community Affairs by a vote of 7 — 0. The House
companion, HB 873 has not been heard.
Senate Enterprise Zone Proposal: The Florida Enterprise Zone (EZ) program set forth in statute,
sunsets, or expires, in 2015. A strong majority of Senate and House Leadership feel that the EZ program
needs to be wholly rewritten or allowed to sunset. Leadership has remained skeptical of the value of the
Enterprise Zone program. Over several committee weeks, both the House and Senate have held
workshops on the program. The Florida League of Cities and Florida Association of Counties have
continued to represent the benefits of specific portions of the EZ programs across the state and advocate
in favor of the program extension. At this time the outlook is not certain. Last week, Florida Tax Watch
released a study supporting the program and recommended changes to the marketing strategy, which
should be more focused on jobs created in beginning and second stage companies, and recommended
creating a multiple tiered system that would be more suited to small and large businesses.
SB 392 sponsored by Senator Clemens would revise the Enterprise Zone Act, and has been referenced to
four committees: Commerce and Tourism, Finance and Tax, Appropriations Subcommittee on
Transportation, Tourism, and Economic Development, and the full Appropriations committee.
House Enterprise Zone Proposal — HB 7067 was filed and is formerly the proposed committee bill,
EDTS 3 — This is the House economic development package that attempts to address the Enterprise Zone
program. HB 7067 does not reauthorize the state Enterprise Zone (EZ) program, but allows for an
optional and local only EZ type program without any state dollars. If a local government creates a new
EZ, the bill exempts newly established or expanding businesses from paying local business taxes, impact
fees, building permit fees and any local special assessments. Additionally, the bill would exempt these
businesses from complying with local sign ordinances, tree ordinances and would prohibit local
governments from issuing a citation or civil code ordinance violation within the newly established local
zone, for 24 months.
It prohibits local governments from imposing impact fees on small businesses of 12 or less employees
and buildings less than 6000 square feet. The bill also extends permit expirations for two more years,
issued by DEP or the Water Management District, and local development orders and building permits.
Vacation Rentals / Public Lodging Establishments: HB 4009 by Representative Eagle would delete the
term and definition of vacation rentals and transient apartments, from classification and regulation as
public lodging establishments. This bill has not been heard to date, and there is no Senate companion
filed.
AMENDMENT 1 & ENVIRONMENT
Amendment 1 Implementation: The series of bills filed by Senator Dean which begin to implement
Amendment 1, unanimously passed the Senate Committee on Environmental Preservation and
Conservation. These bills restructure the state's existing trust funds that are directed state dollars from the
state documentary stamp tax, and they create a new trust fund where 33 percent of the revenue generated
by the tax is to be diverted as per Amendment 1.
These bills are SB 584, SB 586, SB 576, SB 578, SB 580 and SB 582.
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This week, Representative Boyd has filed three bills to restructure the state's trust funds in order to
implement Amendment #L These bills are HB 1291, HB 1293, and HB 1295.
Affordable Housing/SB 586: The industry and its advocates took issue with SB 586 which establishes
the distribution of 33% of the documentary stamp tax revenues go to the Land Acquisition Trust Fund. As
a result of SB 586 and its method of restructuring how doc stamp money is distributed, the bill would
significantly reduce funds that go into the housing trust funds, as the total amount of doc stamp revenue
collected, now 33% goes toward the Land Acquisition Trust Fund first, then the distribution of remaining
funds is allocated. The percentage is the same but the amount of doc stamp funding is lower, therefore the
distributed funds to the housing trust funds is lower. Senator Smith filed an amendment to essentially hold
the affordable housing trust funds harmless, but withdrew the amendment in committee and the bill
passed 5 - 2.
SB 586 passed the Senate Appropriations Subcommittee on General Government 7 — 0 and is scheduled
for a hearing in Senate Appropriations on 3/18/15.
Water Policy — SB 7003 sponsored by Chairman Caldwell of the House State Affairs committee was
heard in the House Appropriations committee this week. The Chairman stated that the bill sets forth water
policy that builds upon the existing foundation of science -based assessment, and establishment of Total
Maximum Daily Loads, (TMDL), the Minimum Flows And Levels, (MFL), the Basin Management
Action Plan, (BMAP) and the recovery and prevention strategies to protect and restore our first magnitude
springs. The bill codifies the Central Florida Water Initiative, strengthens the water supply planning
process, ensures timely implementation of strategies to meet the minimum flows and levels, modernizes
the northern Everglades and estuaries protection program. The bill summary is as follows:
Under current law, if water quality minimum standards are not being met, even though farmers are
implementing Best Management Practices (BMP), the Department of Agriculture and Consumer Services
(DACS) is the only authorized entity to reevaluate those BMPs. The PCB authorizes DACS, the
Department of Environmental Protection (DEP), and the Water Management Districts (WMD) to each
have -the same ability to initiate the re-evaluation of those BMPs (specifically raised to the committee by
the Nature Conservancy and the Audubon Society).
The bill clarifies that land owners who are complying with the Everglades Agricultural Area (EAA)
BMPs, are not required to implement duplicative DACS BMPs, if their property is also located within the
Lake Okeechobee watershed, unless the agencies determine that new or improved BMPs are needed to
meet the TMDL for the Lake Okeechobee watershed.
In the Springs area, the Springs Protections measures in the original PCB, only applied to first magnitude
springs. This strike everything amendment expands the protections to all second magnitude springs,
located in a state or federal land, as well as the first magnitude springs.
The bill removes the requirement for DEP to adopt Springs Protection Zones, which would be
duplicative, the committee will be focusing efforts through this amendment on the BMAP process. It sets
a hard deadline of December 1, 2018, for DEP to establish the TMDLs and BMAPs for the impaired
priority Springs. (raised to the committee by the Sierra Club). The strike all amendment also requires
agricultural operations to implement BMPs if they are located within the area of the BMAP.
Lastly, the language adds several requirements to the regional water supply planning process, and shifts
those requirements to the Water Management District's 5-year water resource development work
program. Requires the work programs to include an annual funding plan for water resource and water
supply development projects.
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In its hearing in the Appropriations committee, the bill was amended with the following provisions
First, an amendment passed requiring the Department to form a working group in areas where sewage
treatment and disposal systems represent a source of excess nitrate in springs or spring systems, that must
be controlled to meet a total maximum daily load. This amendment also allows for the legislature to
establish annual funding to assist these areas to accomplish this goal.
Additional language was added to the bill that clarifies local government responsibilities. The amendment
removed a provision that would give primary responsibility to local governments to provide urban
stormwater management and domestic wastewater management, and clarifying that "Local governments
have primary responsibility for providing urban stormwater management services pursuant to the
provisions of their municipal separate storm sewer system permit and the operation of wastewater
collection and treatment facilities."
HB 7003 passed the full House, 106 — 9. This House bill will be work shopped in the Senate committee
on Environmental Preservation and Conservation on 3/18/15. (Senator Dean is sponsoring the Senate
companion, SB 918, which was removed from the same committee agenda.)
RED LIGHT CAMERAS
Red Light Cameras: A proposed committee bill, HWSS5, was introduced and passed the Highway and
Waterways Safety Committee this week, and was filed as HB 7071. This bill addresses the red light
camera program and would do the following:
• Prohibits issuance of a notice of violation and a traffic citation if the driver is making a right-hand
turn
• Requires that red light camera notices of violation be sent via certified mail, rather than first-class
mail
• Specifies that the portion of the red light camera fine retained by the local government must be
used for a public safety purpose, which includes operation of a red light camera program
• Requires local governments to include a summary of any private vendor contract for operation
and administration of red light camera programs, and any other information as required, in the
annual report submitted to DHSMV
• Provides a penalty for local governments that do not comply with reporting requirements
• Requires the Department of Transportation (FDOT) to submit an annual report that summarizes
the crash statistics for intersections with a red light camera
• Allows FDOT to inspect traffic control signals at intersections with a red light camera for
compliance verification
TAXI, LIMOUSINES AND UBER - PREEMPTION OF LOCAL GOVERNMENTS
Taxi, Chauffeured Limousines and Uber Preemption of Local Governments: HB 817 by
Representative Gaetz was filed this week, to organize regulation of the ride sharing industry popularized
by Uber and Lyft. The bill does the following:
• This bill creates a preemption to the state for regulation of transportation network companies.
• Creates s. 316.680, F.S., called Transportation Network Companies, to establish definitions for
these companies, drivers and the service. It defines the term trip, defines that a transportation
network company or its driver is not a common carrier, meaning that these drivers do not provide
taxi or for -hire service.
• Requires that a person wishing to operate a transportation network company (TNC) obtain a state
permit to do so, for an annual permit fee of $5,000.
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" P r o v i d e s t h a t i f a T N C c h a r g e s a f a r e , t h a t i t m u s t d i s c l o s e t h e f a r e c a l c u l a t i o n m e t h o d o n i t s
w e b s i t e o r w i t h i n t h e d i g i t a l n e t w o r k s o f t w a r e a p p l i c a t i o n s e r v i c e . B e f o r e t h e p a s s e n g e r e n t e r s t h e
d r i v e r ' s v e h i c l e , t h e c o m p a n y w o u l d b e r e q u i r e d t o p r o v i d e t h e p a s s e n g e r w i t h t h e a p p l i c a b l e r a t e s
b e i n g c h a r g e d a n d t h e o p t i o n t o r e c e i v e a n e s t i m a t e d f a r e .
" S e t s a p r o c e s s b y w h i c h t h e d r i v e r a n d v e h i c l e m u s t p r o v i d e i d e n t i f i c a t i o n o n t h e c o m p a n y ' s
s o f t w a r e a p p l i c a t i o n s e r v i c e o r w e b s i t e , c o m p l e t e w i t h a p i c t u r e o f t h e d r i v e r a n d t h e l i c e n s e p l a t e
n u m b e r o f t h e m o t o r v e h i c l e b e f o r e t h e p a s s e n g e r e n t e r s t h e d r i v e r ' s v e h i c l e .
" R e q u i r e s t h e D e p a r t m e n t t o s e t u p a p r o c e s s b y w h i c h t h e T N C m u s t p r o v i d e a r e c e i p t f o r t h e
s e r v i c e , w i t h i n " a r e a s o n a b l e a m o u n t o f t i m e " .
" R e q u i r e s t h a t b e g i n n i n g O c t o b e r 1 , 2 0 1 5 , c o m p a n i e s a n d t r a n s p o r t a t i o n n e t w o r k c o m p a n y d r i v e r s
m u s t c o m p l y w i t h a u t o m o b i l e l i a b i l i t y i n s u r a n c e r e q u i r e m e n t s o f t h e b i l l t h a t s e t f o r t h s t a n d a r d s
f o r w h e n a d r i v e r i s l o g g e d i n b u t n o t p r o v i d i n g s e r v i c e , w h e n t h e d r i v e r i s p r o v i d i n g s e r v i c e ,
s p e c i f i c s o n w h e n t h e d r i v e r o r t h e c o m p a n y i s p r o v i d i n g i n s u r a n c e , a n d t h a t t h e c o m p a n y i s
r e q u i r e d t o p r o v i d e i n s u r a n c e i f t h e d r i v e r ' s i n s u r a n c e i s n o t a c t i v e o r h a s l a p s e d .
" P r o v i d e s t h a t a c o m p a n y m u s t e s t a b l i s h a z e r o t o l e r a n c e p o l i c y f o r d r u g o r a l c o h o l u s e b y t h e
d r i v e r .
" E s t a b l i s h e s r e q u i r e m e n t s f o r b a c k g r o u n d a n d c r i m i n a l c h e c k s f o r d r i v e r s .
" R e q u i r e t h a t a m o t o r v e h i c l e u s e d b y a d r i v e r t o p r o v i d e t r a n s p o r t a t i o n n e t w o r k c o m p a n y s e r v i c e
m e e t s t h e v e h i c l e s a f e t y a n d e m i s s i o n s r e q u i r e m e n t s f o r a p r i v a t e m o t o r v e h i c l e o f t h e s t a t e i n
w h i c h t h e v e h i c l e i s r e g i s t e r e d .
" E s t a b l i s h e s p r o h i b i t e d c o n d u c t , a n o n d i s c r i m i n a t i o n p o l i c y f o r r i d e r s , a n d c o n f i d e n t i a l i t y o f a
r i d e r s ' p e r s o n a l i d e n t i f i c a t i o n i n f o r m a t i o n .
H B 8 1 7 p a s s e d t h e T r a n s p o r t a t i o n a n d P o r t s S u b c o m m i t t e e a n d E c o n o m i c A f f a i r s C o m m i t t e e , 9 3
S e n a t o r B r a n d e s ' c o m p a n i o n b i l l , S B 1 3 2 6 w a s n o t h e a r d t h i s w e e k
R e g u l a t o r y M i n i m u m P r i c e s : S B 9 9 0 b y S e n a t o r B r a n d e s c r e a t e s t h e F l o r i d a F r e e E n t e r p r i s e A c t a n d
s t a t e s t h a t t h e i n t e n t o f t h e L e g i s l a t u r e i s t h a t t h e a b i l i t y o f t h e p u b l i c t o f r e e l y b a r g a i n f o r l a w f u l g o o d s
a n d s e r v i c e s , n o t b e r e s t r i c t e d b y g o v e r n m e n t a l a c t i o n s t h a t e s t a b l i s h r e g u l a t o r y m i n i m u m p r i c e s .
T h i s i s d e f i n e d a s m e a n i n g a n y v a l u e , p e r c e n t a g e o f a v a l u e , o r r a t e o f c o m p e n s a t i o n e s t a b l i s h e d b y a n
o r d i n a n c e , s p e c i a l a c t , r u l e , o r o t h e r g o v e r n m e n t a l a c t i o n b e l o w w h i c h a l a w f u l b u s i n e s s o r p r i v a t e
i n d i v i d u a l i s p r o h i b i t e d f r o m c h a r g i n g f o r l a w f u l g o o d s o r s e r v i c e s .
S t a t e s t h a t i t i s a n u n f a i r o r d e c e p t i v e r e g u l a t o r y a c t o r p r a c t i c e , a c t i o n a b l e u n d e r t h e F l o r i d a D e c e p t i v e
a n d U n f a i r T r a d e P r a c t i c e s A c t , f o r a n y s t a t e a g e n c y , c o u n t y g o v e r n m e n t , m u n i c i p a l g o v e r n i n g b o d y ,
o t h e r g o v e r n m e n t a l e n t i t y , o r s p e c i a l d i s t r i c t , w h e t h e r d e p e n d e n t o r i n d e p e n d e n t , a s d e f i n e d i n s . 1 8 9 . 0 1 2 ,
o r a n y a g e n c y o r s u b s i d i a r y d e r i v e d t h e r e o f , t o : r e s t r i c t t h e r i g h t o f t h e p u b l i c t o f r e e l y b a r g a i n f o r l a w f u l
g o o d s o r s e r v i c e s b y e s t a b l i s h i n g r e g u l a t o r y m i n i m u m p r i c e s f o r l a w f u l g o o d s o r s e r v i c e s ; o r c r e a t e
c l a s s i f i c a t i o n s w i t h i n a t y p e o f s e r v i c e w h i c h w o u l d a p p l y d i f f e r e n t l y t o i n d i v i d u a l s a n d b u s i n e s s e s w h o
c o m p e t e o r a t t e m p t t o c o m p e t e w i t h e a c h o t h e r t o p r o v i d e s i m i l a r s e r v i c e s .
T h e b i l l p r o v i d e s t w o e x e m p t i o n s : f o r m i n i m u m w a g e s e s t a b l i s h e d b y a g o v e r n m e n t a l e n t i t y , a n d a n y
p e r m i t f e e , l i c e n s e f e e , a p p l i c a t i o n f e e , o r f e e a s s e s s e d i n a r e g u l a t o r y f a s h i o n , s u c h a s a n i m p a c t f e e ,
a u t h o r i z e d u n d e r l a w .
L a s t l y , t h i s b i l l s e t s f o r t h a l e g a l r e m e d y f o r a n y p e r s o n w h o i s a d v e r s e l y a f f e c t e d b y a n y r e g u l a t o r y
a c t i o n a d o p t e d o r c a u s e d t o b e e n f o r c e d t h a t i s i n v i o l a t i o n o f t h i s s e c t i o n m a y f i l e s u i t a g a i n s t s u c h s t a t e
a g e n c y , c o u n t y g o v e r n m e n t , m u n i c i p a l g o v e r n i n g b o d y , o t h e r g o v e r n m e n t a l e n t i t y , o r s p e c i a l d i s t r i c t ,
w h e t h e r d e p e n d e n t o r i n d e p e n d e n t , a s d e f i n e d i n s . 1 8 9 . 0 1 2 , o r a n y a g e n c y o r s u b s i d i a r y d e r i v e d t h e r e o f ,
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in any court of this state for declaratory or injunctive relief and for actual damages, as limited herein,
caused by the regulatory action.
A court shall award the prevailing plaintiff in any such suit: reasonable attorney fees and costs in
accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
actual damages incurred, up to $1 million.
Neither SB 990 nor its companion, HB 789, were heard this week.
FILM AND ENTERTAINMENT INCENTIVES
Film Industry Incentives: SB 1046 by Senator Detert reforms several elements of the state's
entertainment industry incentives. The bill renames the Office of Film and Entertainment as the Division
of Film and Entertainment, establishes new policies that ensure film incentives funding appropriations
will be spread out over multiple years, and makes direct-to-internet productions eligible for incentives. It
creates a new Entertainment Industry Quick Action program to respond to extraordinary opportunities and
to compete effectively with other states. Below is a summary of the bill.
• Creates within the State Economic Enhancement and Development Trust Fund, the Entertainment
Industry Quick Action Account. The Entertainment Industry Quick Action Account shall consist
of moneys appropriated to the account for purposes of the program authorized under s. 288.1256
and repayment made under s. 288.1256. Moneys in the Entertainment Industry Quick Action
Account are subject to s. 216.301(1)(a). Moneys in the Entertainment Industry Quick Action
Account may be used only to make payments authorized under s. 288.1256. The department may
adopt rules necessary to provide for the use of moneys in the Entertainment Industry Quick_
Action Account and for the administration of the Entertainment Industry Quick Action Account.
• Creates within Enterprise Florida, Inc., the department the Office of Film and Entertainment for
the purpose of developing, recruiting, marketing, promoting, and providing services to the state s
entertainment industry. The division shall serve as a liaison between the entertainment industry
and other state and local governmental agencies, local film commissions, and labor organizations.
• Creates a film and entertainment commissioner, appointed by the Governor, to serve at the
pleasure of the Governor, and is subject to confirmation by the Senate.
• The Division is to coordinate with local or regional offices, maintained by counties and regions of
the state, local film commissions, and labor organizations, and coordinate with each other to
facilitate a working relationship. These entities are to develop strategies to identify, solicit and
recruit entertainment production opportunities for the state, including implementation of
programs for rural and urban areas designed to develop and promote the state's entertainment
industry.
• Creates the Florida Film and Entertainment Advisory Council to serve as an advisory body to the
Division of Film and Entertainment within Enterprise Florida, Inc.
• Sets forth each year, two periods during which applications will be accepted. The application
periods will run from January 1 - June 30 and July 1 - December 31. Additionally, the bill details
the application certification requirements.
• Creates the Entertainment Industry Quick Action Fund within the department, in order to respond
to extraordinary opportunities and to compete effectively with other states to attract and retain
production companies and to provide favorable conditions for the growth of the entertainment
industry in Florida.
SB 1046 passed the Committee on Commerce and Tourism 6 — 0.
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HEALTH INSURANCE COVERAGE FOR EMERGENCY SERVICES
Health Insurance Coverage for Emergency Services: SB 516 by Senator Bean and cosponsored by
Senator Garcia, would place restrictions on the reimbursement amount an EMS agency may receive for
providing services. The bill prohibits a non -participating EMS provider from collecting an amount in
excess of the amounts determined by insurance companies as is customary. EMS payments would be
determined by either an insurance negotiated payment, an amount calculated under the methodology used
by the insurer to determine the reimbursement amount to a nonparticipating provider for the service,
reduced only by a coinsurance amount or copayment, or the amount that would have been paid under
Medicare for services.
Neither SB 516 nor the House companion, HB 681 were heard this week.
May 1, 2015 - 601h and last day of the regular session (Article III, section 3(d), Constitution)
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