Please click on the following link to read
Eyes on Tallahassee - 2010 Florida Legislative Session Recap in
full. On April 30, 2010, the Florida Legislature adjourned
sine die, bringing the 2010 Regular Legislative Session to a
close. Eyes on Tallahassee is Holland &
Knight's annual summary of bills that passed during the 2010
session. Also included are bills of interest which did not pass,
but may be considered again during the 2011 session which begins on
March 1, 2011. For the 2010 session, 301 bills passed both the House and
Senate, specifically 253 general bills, 39 local bills, two
concurrent resolutions, three joint resolutions and four memorials.
At the beginning of the session, Florida House Speaker Larry Cretul
said his goal was to set a record for the fewest bills passed
during his two-year tenure. While he didn't realize this goal,
the total number of bills passed under his speakership is the
lowest since Republicans took control of the Legislature in the
1998 elections. Highlights of the 2010 session include passage of a $70.4
billion budget, the signing of a Seminole Indian gambling compact,
a gubernatorial veto of controversial teacher merit pay legislation
and a constitutional amendment easing the class-size requirement
passed by voters in 2002, just to name a few. In this issue: Construction Insurance Education Procurement Energy and EPSC Reform Public Records Environmental and Land Use State and Local Taxes Finance Transportation Healthcare Key * * * * * * * * * * * * * * *
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* CS/CS/CS/CS/HB 663 revises the current law
relating to elevator safety, home inspection services, mold
assessment and remediation, and building code inspections and
enforcement. The bill also provides that after the three-year
period provided for repair or rebuilding, the expiration, lapse,
non-renewal or revocation of a building permit issued to the
property owner will also constitute abandonment of the property as
homestead. The bill revises the Florida Building Commission's
authority and exempts specified structures from Florida's
Building Code requirements. If approved by the Governor, the effective date of this bill is
July 1, 2010, except as otherwise provided. Copy of Enrolled/Enacted Bill: CS/CS/CS/CS/HB 663 CS/CS/CS/HB 713 assigns certain programs to be
regulated by the Department of Business and Professional
Regulation's (DBPR) Division of Professions. The bill specifies
that DBPR is responsible for regulation of certain professions and
administration of certain examinations. In addition, among other
changes, the bill: (1) authorizes the Department of Highway Safety
and Motor Vehicles (DHSMV) to issue reproductions of driver
licenses to DBPR; (2) revises certain licensing and continuing
education requirements; (3) authorizes temporary licensure of
spouses of active duty service members; (4) revises grounds for
discipline of professional licensees; (5) revises licensing
requirements for home inspectors, mold assessors and mold
remediators; (6) deletes requirements for certificates of
authorization for corporations or partnerships offering home
inspection or mold-related services; (7) exempts from punishment
certain unlicensed activity occurring before various specified
dates; (8) extends time for licensure of home inspectors, mold
assessors and mold remediators under certain grandfather provisions
and revises such provisions; (9) revises certain exemptions from
veterinary regulations; (10) revises licensing requirements for
real estate brokers and sales associates and cosmetologists; (11)
revises membership of the Florida Real Estate Appraisal Board; (12)
authorizes certain board members and certain members of the Florida
Real Estate Commission to offer, conduct and teach certain courses;
(13) assigns a departmental unit responsible for regulation of
carbon monoxide hazards in certain public lodging establishments;
and (14) authorizes DBPR to issue and enforce notices to cease and
desist violations of provisions regulating boxing exhibitions. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/CS/HB 713 CS/HB 821 replaces the Florida International
Arbitration Act with the Florida International Commercial
Arbitration Act. Among other provisions, the bill: (1) provides
requirements, procedures and limitations for international
commercial arbitration; (2) provides requirements and restrictions
on courts; (3) provides for creation of arbitral tribunals; (4)
provides powers, duties and responsibilities of arbitral tribunals;
(5) provides for arbitral proceedings; (6) provides procedures for
appointment of arbitrators; (7) specifies powers, duties and
responsibilities of arbitrators; (8) provides for liability for,
and award of, costs and damages; (9) authorizes parties to
arbitration to agree to arbitration procedures; (10) provides
default procedures; (11) provides procedures and requirements for
evidence; (12) provides for awards by arbitral tribunals; (13)
provides judicial immunity to arbitrators; and (14) specifies
conditions under which court may set aside arbitral award, and
provides for recognition and enforcement of arbitral awards by
court. The bill was approved by the Governor on May 11, 2010, and will
take effect on July 1, 2010. Chapter 2010-60, Laws of Florida Copy of Chapter Law: Chapter 2010-60 CS/CS/CS/SB 846 prohibits incorporation into
the Florida Building Code of certain mandatory residential fire
sprinkler provisions of the International Residential Code, but
provides an exception. The legislation prohibits the requirement
for property owners to install fire sprinklers in residential
properties based on the use of that property as a rental property
or any change in or reclassification of the property's primary
use to a rental property. If approved by the Governor, this bill will be effective upon
becoming law. Copy of Enrolled/Enacted Bill: CS/CS/CS/SB 846 CS/CS/SB 982 prohibits municipalities,
counties, districts and other local governments from enacting
ordinances or rules that conflict with Chapter 556, F.S. The bill
provides that if an excavation is proposed within 15 feet of a
high-priority subsurface installation and is identified as such an
installation by the facility operator, the facility operator must
notify the excavator of the installation and mark its location
before excavation may begin. If approved by the Governor, the effective date of this bill is
October 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/SB 982 CS/HB 1035 requires DBPR's Division of
Hotels and Restaurants to adopt elevator safety rules. The bill
also: (1) authorizes the Division to enter certain buildings; (2)
provides for variances; (3) exempts certain elevators from specific
code update requirements; (4) provides a phase-in period for such
elevators; (5) specifies additional acts by a registered elevator
company or certificate holder which are subject to discipline and
requires certain licensees to provide written responses to
departmental requests relating to inspection reports; (6) extends
the time within which an elevator owner may comply with certain
orders to correct; (7) provides procedures related to citations and
discipline relating to unlicensed activity; and (8) provides
registration and continuing education requirements for certified
elevator inspectors. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/HB 1035 CS/SB 1118 authorizes the placement of roofs on
certain residential single-family docks. The bill also authorizes
the Department of Environmental Protection (DEP) to adopt rules
that include special criteria for approving certain docking
facilities in shellfish harvesting waters and authorizes DEP to
maintain a list of projects or activities for applicants to
consider when developing proposals in order to meet mitigation or
public interest requirements. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/SB 1118 SB 1136 provides exceptions to certain local
government firesafety inspection requirements. The bill specifies
inspection requirements for fire hydrants owned by governmental
entities and authorizes local government utilities to comply using
designated employees. The legislation also specifies the
responsibility for ensuring the qualification of designated
employees to conduct the inspections. If approved by the Governor, this bill will be effective upon
becoming law. Copy of Enrolled/Enacted Bill: SB 1136 CS/HB 1157 revises the provisions relating to timely payment for
purchases of construction services and requires that a dispute be
resolved according to the procedures set forth in the contract. The
bill prohibits the assessment of damages against a contractor if
the list of items remaining to complete is not provided timely to
the contractor. The bill revises the provisions relating to the
resolution of disputes concerning an improper payment request or
invoice and provides that a local governmental entity waives its
objection in a payment dispute if it fails to commence the dispute
resolution procedure within the time period required. If approved by the Governor, the effective date of this bill is
October 1, 2010. Copy of Enrolled/Enacted Bill: CS/HB 1157 CS/CS/CS/SB 1196 exempts certain elevators from
specific code update requirements. Among other changes, the bill:
(1) revises the limitations on the right of members to vote on
corporate matters for certain nonprofit corporations that are
regulated under specified provisions; (2) specifies the maximum
amount of any unit owner's loss assessment coverage that can be
determined for any loss; and (3) creates the "Distressed
Condominium Relief Act." If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/CS/SB 1196 CS/CS/SB 1964 provides for limited liability
for engineers, surveyors and mappers, architects, interior
designers and registered landscape architects, as a result of
construction defects due to the performance of a contract. The
legislation provides that, if a contract requires professional
liability insurance, the contract may not limit the liability of
the design professional inconsistent with the insurance
requirements. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/SB 1964 CS/CS/CS/SB 550 is an extensive environmental
bill which amends the current law regarding sewage disposal
facilities. Section 35 of the bill adds new requirements for onsite
sewage treatment and disposal systems, including septic tanks.
Beginning January 1, 2011, DEP is required to develop a
five-year-cycle evaluation program for implementation statewide by
January 1, 2016, to assess the operational conditions of the 2.5
million septic tanks in this state, including pump-outs every five
years. A notice is required to be given to a system owner at least
60 days prior to a written evaluation and assessment being
performed; in addition, the owner must bear the costs of the
written report and any repairs indicated as a result. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/CS/SB 550 CS/SB 1752 is an extensive economic development
bill. Section 50 of the bill was amended on the House floor during
final debate to mandate an employment preference to state residents
on state-funded construction contracts where there are
"substantially equal qualifications." If approved by the Governor, this bill will be effective upon
becoming law, except as otherwise expressly provided. Copy of Enrolled/Enacted Bill: CS/SB 1752 CS/HB 7179 authorizes local governments to levy
non-ad valorem assessments for the purpose of financing certain
"qualifying" real property improvements made by property
owners to increase resistance to wind damage (such as:
strengthening roof deck attachments; creating a secondary water
barrier; reinforcing roof-to-wall connections; or installing
wind-resistant shingles, gable-end bracing, storm shutters or
opening protections), or installing renewable energy source devices
(such as: air sealing; installing insulation, energy-efficient
heating, cooling or ventilation systems, energy controls or
recovery systems; replacing windows; or increasing the use of
daylight). Agreements for the financing will have to be recorded in
the public records and liens created as a result will be equal in
dignity to county taxes and assessments. Such financing will
require that all taxes be current and that the mortgagee consent if
the amount of the assessment exceeds 20 percent of the
property's just value. A written disclosure statement must be
given to a prospective purchaser in the form set out in the
statute. If approved by the Governor, this bill will be effective upon
becoming law. Copy of Enrolled/Enacted Bill: CS/HB 7179 CS/CS/HB 965 would authorize property
appraisers to reduce the just value of "single-family
residential" properties that have been adversely impacted by
foreign or domestic drywall with elevated levels of elemental
sulfur that is corrosive to certain metals (unless the owner was
aware of this condition at the time of purchase). Some county
appraisers have already been doing this, but now will have
statutory authority to reduce the property tax assessment of
affected improvements to zero until the drywall has been replaced.
As to properties that are "homestead property," the
reduced assessment can last regardless of the time period taken for
remediation and repairs. If approved by the Governor, this bill will be effective upon
becoming law and shall apply to the 2010 and subsequent assessment
rolls. Copy of Enrolled/Enacted Bill: CS/CS/HB 965 Construction Lien Law: There were several bills
(SB 510, SB 634, SB 1048, HB 693 and SB
878) filed this session to change Florida's
construction lien law (Chapter 713, F.S.). None of these bills
passed this session, even though the Senate Regulated Industries
Committee issued a 2009 Interim Study Report suggesting necessary
reforms to the law. Crane Regulation: The attempt to regulate tower
cranes (SB 1174, HB 375) and preempt local
government regulations, failed again this session, but is sure to
be filed again. CS/SB 2126 revises the Florida Tax Credit
Scholarship Program by: (1) increasing the tax credit cap from $118
million to $140 million in the 2010-2011 fiscal year, subject to
the increase in subsequent years; (2) allowing a credit for 100
percent of an eligible contribution made to an eligible
scholarship-funding organization against various taxes except in
some cases the credit may not exceed 50-57 percent of the tax due
on the return where the credit is taken; (3) providing for approval
of tax credits on a first-come, first-served basis via application;
(4) providing for a three-year carry-forward of unused tax credit
amounts; (5) adding certain accountability measures for
participating scholarship-funding organizations and schools; (6)
changing the formula to determine scholarship amounts; and (7)
enabling the Commissioner of Education to deny, suspend or revoke a
private school's participation in the program if operating
contrary to the health, safety, or welfare of the public. The bill was approved by the Governor on April 22, 2010, and
will take effect on July 1, 2010. Chapter 2010-24, Laws of
Florida Copy of Chapter Law: Chapter 2010-24 CS/HB 1505 will expand the eligibility for
students in the John M. McKay Scholarship Program. Under the bill,
preschoolers with a current individual educational plan who
received specialized instructional services under the Voluntary
Prekindergarten Education Program during the previous year or who
have been enrolled in a public school in any of the past five years
will now be eligible for the program. Under current law, only
disabled students who attend public school during the prior year
are eligible. The bill also grants the Commissioner of Education
the authority to revoke participation by schools that operate in a
manner contrary to the health, safety, or welfare of the
students. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/HB 1505 CS/CS/SB 6 would have required school districts
to adopt a salary schedule that compensated employees based on
performance instead of longevity, incentivized teachers to teach in
low income schools and to teach subjects in which there is a
critical shortage such as math and science, and encouraged teachers
to accept additional academic responsibilities. The bill would have
created a dedicated pool of funding equal to 5 percent of total
state, local and federal education funding to be used in support of
these new responsibilities and to develop end-of-course
assessments. The bill would have required districts to adopt a
modified annual appraisal system for teachers, at least 50 percent
of which would be dependent on student gains. It also outlined a
modified "just cause" basis for suspension or dismissal
of teachers. Each school district would also have had to develop a
valid and reliable end-of-course assessment for each subject area
and grade level not measured by state assessments. School districts
were forbidden to assign teachers to reading, science, or
mathematics unless certified in those areas. The bill would also
have required charter schools to adopt a salary schedule for
instructional personnel and administrators not based on longevity,
to meet certain end-of-course assessments and to adopt a
performance appraisal system. Teachers failing to demonstrate
student learning gains would have received remediation in teacher
preparation programs. The Governor vetoed this bill on April 15, 2010. Copy of Vetoed Bill: CS/CS/SB 6 Copy of Governor's Veto Message SJR 2 would alter the constitutional class-size
amendment approved by voters in 2002 by applying the student caps
to average classroom size instead of the per-classroom limits that
the current law requires. The resolution would cap average class
sizes at 18 students for pre-K through third grade with the maximum
number of students assigned to each teacher not to exceed 21; at 22
students for grades four through eight with the maximum number of
students assigned to each teacher not to exceed 27; and 25 students
for grades nine through 12 with the maximum number of students
assigned to each teacher not to exceed 30. The resolution would
exempt virtual classes. This resolution will take effect upon approval of the electors
on November 2, 2010, and operate retroactively to the beginning of
the 2010-2011 school year. Copy of Enrolled/Enacted Bill: SJR 2 CS/CS/HB 31 prohibits school boards,
administrative personnel and instructional personnel from
infringing or waiving First Amendment rights afforded to
instructional personnel, school staff or students without the
express written consent of the individual. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/HB 31 CS/HB 105 creates the "Justice Sandra Day
O'Connor Civics Education Act" and provides for a variety
of civics education requirements. The bill was approved by the Governor on May 11, 2010, and will
take effect on July 1, 2010. Chapter 201-48, Laws of Florida Copy of Chapter Law: Chapter 201-48 CS/CS/SB 4 concerns education accountability in
middle schools and high schools. The act requires a middle school
student beginning in 2011 or 2012: (1) to pass end-of-course
assessments in Algebra I, Geometry and Biology I to receive high
school credit; (2) specifies what high school students must learn
as part of their personalized academic and career plan; (3) revises
requirements for high school graduation to meet end-of-course
assessment requirements and revises credit requirements in
mathematics and science to replace the Mathematics and Science
portions of the Florida Comprehensive Assessment Test (FCAT); (4)
requires the State Board of Education to establish passing scores;
(5) requires the Commissioner of Education to develop additional
end-of-course assessments contingent on funding; (6) revises
requirements for accelerated high school graduation options; (7)
requires that district school boards assign a minimum of 30 percent
of a student's grade based on performance on end-of-course
assessments; (8) requires each high school beginning in 2011 to
offer an International Baccalaureate Program, an Advanced
International Certificate of Education program or a combination of
at least four courses in dual enrollment or Advanced Placement; (9)
requires changes to the high school FCAT such as aligning it with
the Next Generation Sunshine State Standards; and (10) requires the
Office of Program Policy Analysis and Government Accountability
(OPPAGA) to study differentiated high school diploma options. The bill was approved by the Governor on April 20, 2010, and
will take effect on July 1, 2010. Chapter 2010-22, Laws of
Florida Copy of Chapter Law: Chapter 2010-22 CS/SB 436 renamed various community colleges.
Central Florida Community College became the College of Central
Florida, Lake City Community College became the Florida Gateway
College, Palm Beach Community College became Palm Beach State
College, and Seminole Community College became Seminole State
College of Florida. The bill was approved by the Governor and took effect on April
20, 2010. Chapter 2010-23, Laws of Florida Copy of Chapter Law: Chapter 2010-23 HB 7237 revises provisions relating to
responsibility for the State University System. The bill states
that the Board of Governors has the authority to regulate the State
University System. Additionally, the bill provides that the Board
of Governors: (1) is subject to Chapter 120, F.S., when acting
pursuant to statutory authority along with the Board of Trustees of
the universities when delegated authority; (2) may adopt a
different rule promulgation system consistent with various
standards applicable otherwise: (3) should align the mission of
each university with peer institutions; (4) shall confirm the
presidential selection by a university board of trustees; (5) shall
establish criteria for the review and approval of new programs at
state universities; and (6) may approve flexible tuition policies
that do not increase the state's fiscal liability or affect the
Florida Bright Futures Scholarship Program. The act also creates
the Higher Education Coordinating Council to identify unmet needs
and resolve disputes regarding the creation of new degree programs
and the establishment of new institutes, campuses and centers. The
bill also authorizes new fees, an admissions deposit and makes the
board of trustees the contracting agent of each university. The bill was approved by the Governor on May 11, 2010, and will
take effect on July 1, 2010. Chapter 2010-78, Laws of Florida Copy of Chapter Law: Chapter 2010-78 CS/HB 1363 clarifies exemptions from state
university fee requirements for a student who is or was at the time
he or she reached 18 years of age in the custody of a relative
under the Relative Caregiver Program, or who was adopted from the
Department of Children and Family Services, after a specified
date. The bill was approved by the Governor on May 11, 2010, and will
take effect on July 1, 2010. Chapter 2010-68, Laws of Florida Copy of Chapter Law: Chapter 2010-68 CS/CS/HB 723 authorizes state universities and
community colleges to waive tuition and fees for certain public
school classroom teachers for undergraduate courses approved by the
Department of Education. The bill also prohibits causes of action
against state universities for the decisions or actions of the
state university student government unless made final by the
university and a violation of law. Certain convenience fees
associated with the use of a credit card are also authorized. If approved by the Governor, the effective date of this bill is
July 1, 2010. Copy of Enrolled/Enacted Bill: CS/CS/HB 723 HB 1581 authorizes a doctor of medicine degree
program at Florida Atlantic University, subject to the Board of
Governors' approval. The bill was approved by the Governor on May 15, 2010, and will
take effect on July 1, 2010. Chapter 2010-88 Copy of Chapter Law: Chapter 2010-88 HB 7037 revises and repeals the provisions relating to
vocational rehabilitation programs and services. Among other
things, the bill updates obsolete references in the Florida K-20
Education Code. The bill was approved by the Governor on May 11, 2010, and will
take effect on July 1, 2010. Chapter 2010-70, Laws of Florida Copy of Chapter Law: Chapter 2010-70 Blaine Amendment: SJR 2550 and CS/HJR
1399 would have allowed voters to repeal the last sentence
of Article I, Section 3 of the Florida Constitution. The sentence
is referred to as a "Blaine Amendment" after former U.S.
Senator James Blaine who in response to an anti-Catholic campaign
nearly amended the U.S. Constitution with similar language adopted
by a number of states. The Resolution would have allowed voters to
replace the Blaine Amendment with this statement: "An
individual may not be barred from participating in any public
program because that individual has freely chosen to use his or her
program benefits at a religious provider." Teacher Bonuses: CS/SB 1970 and
CS/CS/HB 1287 would have awarded teachers $50 or
more for every student passing an end-of-course exam in Advanced
Placement, International Baccalaureate and Advanced International
Certificate of Education and would have removed the $2,000 cap on
bonuses to teachers teaching at "D" or "F"
schools. Teachers would receive $500 per high-scoring student in
such a school. The bill also would have required school districts
to spend 100 percent of funds for these rigorous programs solely on
the administration, preparation and success of the students in the
program and to advertise the number of students taking rigorous
courses. FCAT: SB 120 would have removed the requirement
that a student earn a passing score on the FCAT or alternative
assessment to gradate from high school, the requirement for
mandatory retention of a student in grade three who does not meet
FCAT proficiency, and the requirement that a district school board
adopt policies for meeting class size maximums which allow a
student to graduate from high school if the student passes the
grade 10 FCAT. SB 1154 would also have
discontinued administration of the FCAT in favor of subject area
assessments, deleted requirements that district school boards
establish policies for intensive reading and mathematics
intervention courses in high school, and modified general high
school graduation requirements. Vouchers: SB 1426 would have provided an
additional purpose for the Corporate Tax Scholarship Program
enabling students in specified grades in public schools to receive
certain assistance in attaining grade-level performance and
requiring scholarship funding organizations to allocate at least 25
percent of their scholarships to public school students. Public School Funding: SB 1368 would have
deleted a requirement that school boards imposing the school
capital outlay surtax freeze noncapital local school property taxes
for at least three years, extended the duration of a provision
specifying methods to calculate the salary of a school board member
and revised provisions exempting charter school facilities from
certain fees. Scholarships: SB 2642 and HB
1415 would have revised the Florida Bright Futures
Scholarship Program to provide for five levels of awards and
included the tuition differential in the calculation of award
amounts. SB 144 would have created the Sure
Futures Scholarship Program for the purpose of matching private
sector businesses that need employees in Florida who have advanced
degrees with students who are seeking them in critical need areas
in Florida public and private colleges. SB 1344
would have required the State Board of Education to base the
eligibility of students to receive Florida Academic Scholars awards
on SAT percentile ranks and provided for a student who attended a
home education program to be eligible for a Florida Medallion
Scholars award. SB 1344 would also have modified
provisions relating to benefits to dependent children or spouses of
deceased or disabled veterans, the licensing of electronic library
resources to school districts and compensation of community college
presidents. Tuition/Resident Status: SB 248 would have set
conditions for reclassifying a student as a resident for tuition
purposes. SB 2398 would also have revised
residency requirements for certain dependent children and required
classification of a student as a resident if recognized as such by
another institution. New University Fees: CS/SB 778 and HB
505 would have authorized university boards of trustees to
establish a renewable energy fee if approved by student referendum
of up to $1 per credit hour. SB 894 and HB
547 would have authorized the University of South Florida
to increase the activity, health and athletic fees to construct a
multipurpose campus center. New Degree Programs: SB 838 and HB
101 would have authorized a doctor of pharmacy degree
program at the University of South Florida. SB 228
and HB 353 would have created the Charter
Technical Career Center Associate in Applied Science and Associate
in Science Degree Programs, authorizing charter technical career
centers to offer such degree programs through partnerships with
community colleges or directly. School Withdrawal: SB 940 would have required
that a student who is withdrawing from school be assigned a
counselor to provide educational information until the student is
18 years old and be instructed concerning the consequences of the
student's decision and diploma alternatives. Board of Governors: CS/CS/SB 2442 would have
revised the powers and duties of the Board of Governors relating to
accountability, required the Board to align the missions of each
university so as to encourage them to become nationally recognized
and ranked as research institutions, and revised the process for
colleges to propose new baccalaureate degree programs. Early Learning: SB 2394 would have transferred
the Office of Early Learning within the Department of Education and
the child care facility licensing responsibilities of the
Department of Children and Family Services to the Office of Early
Learning within the Agency for Workforce Innovation. Foreign Gift Disclosure: SB 1804 would have
required each institution of higher education to disclose to the
Department of Revenue (DOR) the amount, terms, restrictions and
requirements made a part of any gift given to the institution by a
foreign government, person or entity if the value of the gift
exceeds a specified amount. Although a variety of energy bills were filed during the 2010
Session, the only energy bill that passed was CS/HB
7179, which established a program to allow local
governments to finance energy efficiency and renewable energy
improvement projects using traditional land-secured municipal
finance mechanisms. The program, commonly referred to as the
Property Assessed Clean Energy (PACE) Program, allows a local
government to create a special district, issue bonds secured by
real property within the district, and use the bond proceeds for
certain approved renewable energy and energy efficiency projects.
The program is voluntary and only those property owners electing to
participate would repay the debt to service the bond as part of
their property tax bill. CS/HB 7179 also expands
Florida's definition of "renewable energy" to include
"electrical energy produced using pipeline-quality synthetic
gas produced from waste petroleum coke with carbon capture and
sequestration." If approved by the Governor, this bill will be effective upon
becoming law. Copy of Enrolled/Enacted Bill: CS/HB 7179 Renewable Portfolio Standards: Perhaps the most
heavily lobbied energy bill in the session was CS/HB
7229 which passed the House but died in messages to the
Senate. This bill would have replaced the renewable portfolio
standard (RPS) model that the Legislature preliminarily adopted in
2008 with a model that would have provided premium payment
incentives for renewable energy. Opponents of the legislation
argued that allowing renewable energy producers to receive premium
payments for such energy would add significant costs to electric
bills. To address these concerns, the Legislature amended the bill
to impose more stringent price caps on renewable energy. However,
the price caps ultimately did not assuage the fears of legislators
who viewed the rate increases embedded in CS/HB
7229 as a risky political proposition, particularly in an
election year during these economic times. A similar bill in the
Senate, CS/SB 1186, never made it to the Senate
floor. Florida Energy and Climate Commission: CS/HB 77
and SB 90 would have encouraged energy efficiency
with respect to low-income and rental housing properties. Biomass Plants: SB 596 would have authorized
the Florida Public Service Commission (FPSC) to allow a utility to
recover the costs of converting a fossil fuel generating plant to a
biomass plant. Renewable Energy: HB 1417 and SB
774 would have ratified the preliminary RPS standards
submitted by the FPSC in 2009. SB 1086 and
HB 1371 would have authorized power purchase
agreement payments for renewable energy to exceed a utility's
full avoided costs. Investor-Owned Utilities: SB 1104 would have
imposed heightened service and reliability standards on
investor-owned electric, water and wastewater utilities. Compensation Disclosure: HB 1601 and SB
2570 would have required certain electric utilities to
annually report the salaries of some specific company
executives. FPSC Regulation: HB 725, HB 1217, SB 2168 and
SB 2632 would have subjected certain governmental
utilities to FPSC regulation. Renewable Energy Surcharges: HB 1267, SB 2346
and SB 2404 would have imposed renewable energy
surcharges on electric bills to support a trust fund for clean
energy projects. Climate Change Regulation: HB 1535 would have
urged rejection of federal climate change legislation that imposed
undue economic burdens on businesses and customers. Solar Energy: SB 1014, SB 1018, SB 1024 and
HB 1575 would have encouraged solar energy and
energy efficiency. Offshore Oil Drilling: It also should be noted
that legislation (HB 563) urging Congress to
support offshore drilling for oil failed to pass. Because of the
Deepwater Horizon oil spill, which occurred during the waning days
of the Session, support for this offshore drilling initiative has
fallen dramatically. Governor Crist has announced that he intends
to call a special session to address renewable energy and other
energy supply alternatives along with a possible constitutional
amendment to ban offshore drilling. The Governor's announcement
of a special session has been publicly criticized by several
legislative leaders, so it remains to be seen whether the
Legislature will act in these areas. Finally, an association of
renewable energy producers indicated the week of May 3 that it
would begin to gather signatures to establish an RPS standard in
Florida's Constitution and create a clean energy trust fund to
provide money for investments in renewable energy. FPSC Reform: Driven by allegations of improper
communications between electric utilities and FPSC staff members,
legislation to reform the FPSC became a legislative priority in the
Florida Senate and was one of the first bills to pass the Senate.
CS/SB 1034 would have required FPSC Commissioners
to abide by the Code of Judicial Conduct and imposed significant
restrictions on communications between regulated entities and FPSC
staff. The House adopted a different approach to FPSC reform and
proposed legislation that would have fundamentally reorganized the
agency into two structurally separate entities: the FPSC, whose
primary responsibility would be to serve as an independent decision
maker; and the Office of Regulatory Staff (ORS), which would be
housed under the control of the Governor and Cabinet and would be
treated like any other party to an administrative proceeding. The
companion measure, CS/CS/HB 7209, would have also
transferred the Office of Public Council from the Legislature to
the Florida Attorney General's Office. The Governor
aggressively opposed attempts by the House to structurally
reorganize the FPSC. Ultimately, the Senate and the House failed to
reach consensus on the FPSC reform issue and both bills failed. Other FPSC Reform Measures: HB 293 and
SB 594 would have proposed a constitutional
amendment requiring the election (and not the appointment) of FPSC
members. HB 533 would have required persons
testifying before the FPSC to formally disclose any financial or
fiduciary relationships with regulated utilities. HB
565 would have prohibited former FPSC members and
employees from lobbying the Florida's legislative and executive
branches for two years following their termination of service. FPSC Confirmations: The Florida Senate refused
to confirm two of Governor Crist's FPSC appointees –
David Klement and Benjamin Stevens. Because both of these sitting
commissioners were not confirmed by the Senate, Florida law
requires that they vacate their positions at the end of May 2010.
The FPSC Nominating Council has already begun the process of
soliciting applications to fill the two vacancies. Please click on the following link to read
Eyes on Tallahassee - 2010 Florida Legislative Session Recap in
full. The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
CONSTRUCTION
Building Safety
Department of Business and Professional Regulation
International Commercial Arbitration
Residential Fire Sprinkler Requirements
Underground Facility Damage Prevention and Safety
Elevator Safety
Docks
Firesafety Inspections
Local Government Prompt Payment Act
Community Associations
Design Professionals
Sewage Disposal Facilities
Construction Contracts
Non-Ad Valorem Assessments
Real Property Assessment
Bills That Did Not Pass:
EDUCATION
Pre-K Through 12 Education
School Voucher Programs
Teacher Merit Pay
Class-Size Amendment
School Speech
Civics Education
Education Accountability
Community Colleges
College Designations
State University System
Board of Governors
Fee Exemptions
Doctor of Medicine Degree
Workforce Education
Vocational Rehabilitation
Bills That Did Not Pass:
ENERGY AND FLORIDA PUBLIC SERVICE COMMISSION (FPSC) REFORM
Property Assessed Clean Energy Program
Bills That Did Not Pass:
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