2008 Legislative Session Recap
 
June 2, 2008
 

On May 2, 2008, the Florida Legislature, after completing its business, adjourned sine die, at 6:02 p.m., bringing the 2008 Regular Session to a close. What follows is a recap of some of the major issues addressed and bills that passed during the 2008 session, as well as a brief listing of bills of interest that did not pass.

KEY:

Committee Substitute (CS) – A Senate or House bill going through the committee hearing process sometimes has numerous amendments, or the amendments change the original concept of the bill. In these instances the bill is rewritten and becomes a “committee substitute.” The next committee of reference may again rewrite the bill, and more than one bill may be combined. The committee substitute continues to carry the identifying number(s) of the original bill(s) filed. A CS/CS is a Committee Substitute for Committee Substitute.

Enacted – The State Constitution requires that each bill be prefaced by the phrase: “Be It Enacted by the Legislature of the State of Florida” which is referred to as the enacting clause. Enacted legislation refers to a bill which has been passed into law.

Enrolled Bill (ER) – A Senate or House measure approved by both houses and signed by the legislative officers which is sent to the Governor for action and transmittal to the Secretary of State or filed directly with the Secretary of State. The bill is enrolled in the house of origin under the supervision of the Secretary of the Senate or the Clerk of the House.

Law – An act becomes a law when the Governor either approves it or fails to sign or veto it within the period specified in the State Constitution. An act also can become a law when a subsequent legislature overrides a veto by the Governor. While the legislature is in session, the Constitution allows a seven-day period following presentation of a bill to the Governor within which to sign or veto the bill. If the legislature adjourns sine die before an act is presented to the Governor or while an act is in the Governor’s possession, the Governor has 15 days following the date of presentation in which to take action. The identifying number assigned by the Secretary of State to a bill that has been enacted or passed into law is referred to as the Chapter Law. The Chapter Law number indicates the year passed and the printing number. For example, Chapter 2008-100 represents the 100th law printed in the year 2008. Chapter laws are compiled and published annually in the Laws of Florida.

Banking and Insurance

Financial Services

CS/CS/HB 343 makes several changes in laws governing financial services. The bill allows financial institutions, insured depository institutions, or other authorized business entities to offer debt cancellation products. The bill also authorizes a motor vehicle retail installment seller, sales finance company, or retail lessors, to sell guaranteed asset protection products in conjunction with any new retail installment contract or contract for a loan. These products must be offered in accordance with Chapter 520, F.S., Retail Installment Sales, and the Financial Service Commission rules. The purchase of such guaranteed asset protection products may not be used as a condition for making a loan. The bill creates a new insurance product that enables insurers to directly insure, rather than reinsure, banks and other entities against losses resulting from the writing of debt cancellation or debt suspension agreements. These debt products are not regulated by the Office of Insurance Regulation. The bill removes the limit on the amount and duration of credit life insurance that may be purchased, but the total amount of credit life insurance on any debtor shall not at any time exceed the total amount of indebtedness, under certain circumstances. The bill also amends provisions relating to the capital requirements for new state banks and trust companies.

If approved by the Governor, the effective date of this bill is October 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h034304er.pdf

Condominium Insurance

CS/CS/HB 601 contains numerous modifications to several programs under the Department of Business and Professional Regulation (DBPR), including revisions and clarifications to requirements for condominiums, including insurance. Regarding insurance, this bill clarifies: the duty to obtain insurance coverage and the duty to repair casualty losses in condominiums by outlining the adequacy of insurance coverage; the scope of insurance coverage; and the requirements for reconstruction in the event of a casualty when insurance proceeds may not be sufficient to cover all costs of reconstruction. The bill also clarifies which expenses are to be considered common expenses and payable by all condominium unit owners in the event of reconstruction following a casualty.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h060106er.pdf

Insurable Interest/Insurance Contracts

Florida law has been interpreted by the courts as prohibiting the issuance of a life insurance policy to someone who does not have an insurable interest in the insured. However, the existing statutes and case law provide little guidance on determining whether an insurable interest exists. CS/SB 648 clarifies current Florida law relating to insurable interests and the purchase of life insurance.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0648er.pdf

Residential Properties

CS/CS HB 679 provides that three or more condominium associations may form a self-insurance fund to cover insurance deductibles.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h067905er.pdf

Escrow Agents

HB 1037 provides that an unauthorized person may not, in connection with the purchase and sale of real property: transact business using the term “escrow” or words of similar import, or circulate, simulate, or advertise that the business is regulated as an escrow agent. These restrictions in the bill do not apply to: certain financial institutions; attorneys; persons licensed pursuant to Chapter 475, F.S., Real Estate Brokers, Sales Associates, Schools, and Appraisers; and title insurance agents licensed pursuant to s. 626.8417, F.S., a title insurance agency that is licensed pursuant to s. 626.8418, F.S., or a title insurer who is authorized to transact business in this state pursuant to s. 624.401, F.S. Any person aggrieved by a violation of these provisions may bring an action in a court of competent jurisdiction to obtain a declaratory judgment. In any such action, a person may recover actual damages, plus attorneys’ fees and court costs. Further, a willful violation by any person is a misdemeanor of the first degree.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h103702er.pdf

Insurance Policies

CS/CS/SB 2012 became a vehicle for numerous changes relating to insurance. For example, the legislation is so broad that it includes issues ranging from changes in how long-term health care issues are handled to the duty of Citizens Property Insurance Corporation (Citizens) to release records to policyholders. In particular, this bill:

• provides changes to notification procedures for long-term care insurance policyholders
• extends the statute of limitations for claims on Holocaust-era insurance policies until July 1, 2018
• allows the Office of Insurance Regulation to waive the requirement that a multiple employer welfare arrangement maintain its principal place of business in Florida under specified conditions
• clarifies that physician reimbursement for purposes of motor vehicle personal injury protection (PIP) insurance for specified medical services is based on 200 percent of the “participating physicians” schedule of Medicare Part B
• provides that hospitals may form alliances to obtain self-insurance coverage for their members and that contracts of reinsurance issued to such alliances are to receive the same tax treatment as reinsurance contracts issued to insurance companies
• provides that all underwriting files of Citizens are available to the policyholder and his or her attorney to the same extent that the files would be available from a private insurer in litigation under the Florida Rules of Civil Procedure
• specifies criteria that public housing authorities must meet to form self-insurance funds
• amends various provisions relating to public adjusters and establishes a public adjuster apprenticeship program and license
• authorizes title insurers to petition the Office of Insurance Regulation for a rate deviation for personal property title insurance, a Uniform Commercial Code insurance product
• extends for an additional year the offer of availability of excess coverage under the Florida Hurricane Catastrophe Fund to certain limited apportionment companies, insurers approved to participate in the Insurance Capital Build-Up Program and insurers that purchased such coverage from the fund in 2007
• prohibits insurers, including Citizens, from requiring insurance agents, as a condition of appointment or continuation of appointment, to take a course or educational program that offers continuing education credits
• authorizes independent study programs offering continuing education credits through correspondence to allow students to take a final closed book examination without being monitored under specified conditions and requires Citizens to electronically report certain claims data and histories to a consumer reporting agency upon request

If approved by the Governor, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2012er.pdf

Annuity Regulation

CS/CS/SB 2082 is titled the “John and Patricia Seibel Act.” It amends various provisions of the insurance code in an effort to better regulate the sale of annuities and other insurance-related products, especially to citizens 65 years and older. The intent is to address unscrupulous individuals who use high-pressure sales tactics in their dealings with senior citizens.

If approved by the Governor, the effective date of this bill is January 1, 2009.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2082er.pdf

Money Services Businesses

CS/CS/CS/SB 2158 incorporates recommendations made by the Eighteenth Statewide Grand Jury in its March 2008 report, as well as recommendations made by the Office of Financial Regulation, law enforcement and industry representatives that substantially rewrites Chapter 560, F.S. This 127-page bill makes numerous changes in the regulation of all Money Services Business.

If approved by the Governor, the effective date of this bill is January 1, 2009.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2158er.pdf

Homeowners’ Bill of Rights Act

CS/CS/SB 2860 and 1196 makes major changes to the insurance laws by:

• increasing penalties for violation of the Insurance Code
• changing standards and procedures for property insurance rate filings
• applying antitrust laws to the business of insurance
• prohibiting unfair claims handling practices
• freezing rates and changing coverage and assessments for Citizens
• revising windstorm mitigation premium credits
• requiring approval of nonrenewal plans
• revising conditions for state-funded surplus notes to insurers

Many of the provisions (not related to Citizens) were recommendations for further consideration submitted to the Senate President by the co-chairs of the Select Committee on Property Insurance Accountability. Top priorities for Senate leadership included the provisions of the bill which extend the freeze on rate increases in Citizens from January 1, 2009, to January 1, 2010, and require Citizens to make an annual, actuarially sound rate filing beginning July 15, 2009, to be effective no earlier than January 1, 2010. The bill also corrects an unintended glitch that required homeowners to sign a form indicating they were rejecting wind coverage.

If approved by the Governor, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2860er.pdf

Construction and Real Estate

Construction

Secondary Metals Recyclers

CS/CS/HB 105 seeks to decrease the current theft of copper and the associated property damage. The bill amends Chapter 538, F.S., regulating metal recyclers to add stainless steel kegs to the list of regulated metals and to require non-registered dealers to collect: the seller’s physical description and right thumbprint; a description of the seller’s vehicle and trailer; and an image of metals being sold. Criminal penalties are enhanced for third or subsequent violation.

If approved by the Governor, the effective date of this bill is October 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h010504er.pdf

Department of Business and Professional Regulation

CS/CS/HB 601 amends Section 455.203, F.S., to authorize the agency to close or terminate deficient license applications after two years from notification to the applicant of the deficiencies. This bill also:

• provides that the disciplinary guidelines required pursuant to Section 455.2273, F.S., apply to all boards and divisions
• clarifies the exemptions from licensure under Section 468.841, F.S., for mold assessors and remediators
• amends Section 475.17, F.S., to require a real estate sales associate to remain active for 24 months (rather than the current 12 months) before being qualified as a real estate broker
• deletes Section 475.17, F.S., regarding rosters for real estate schools
• amends Section 489.105(6), F.S., to exempt sellers of manufactured or factory-built buildings completed on site from the licensure requirements for contractors
• authorizes the Electrical Contracting Licensing Board to limit the number of times an applicant can take the examination
• repeals most of the state’s land sales regulations under Chapter 498, F.S.

This bill makes other changes regarding community associations and licensure applications for cosmetology.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h060106er.pdf

Building Standards, Florida Building Code and Florida Building Code Commission

CS/HB 697 amends Section 377.806, F.S., regarding solar energy incentives to include a “standing hybrid thermal roof” installed by a roofing contractor. The bill also expands Section 489.105(3)(e), F.S., to include “required roof-deck attachments and any repair or replacement of wood roof sheathing or fascia as needed during roof repair and replacement” to the scope of a roofing contractor’s license.

This bill amends various sections of both Part I (Manufactured Buildings, administered by the Department of Community Affairs) and Part IV (Building Code, administered by the Florida Building Commission) of Chapter 553, F.S., as follows:

Changes to Part I:

• includes both “modular” and “factory-built building” to the definition of “manufactured building”
• authorizes rulemaking for use of third-party plan review and inspection agencies and to develop criteria for manufacturer’s data to be affixed at the plant
• requires development of an insignia to be affixed to all newly constructed buildings at the plant
• requires both the insignia and data plate to be permanently affixed to all newly constructed factory-built school buildings

Changes to Part IV:

• creates a definition of “temporary buildings” 1
• requires adoption of the International Energy Conservations Code (IECC)
• permits adoption on an ongoing basis of updates to the National Electrical Code (NEC) where delay would cause undue hardship or threaten public health, safety or welfare
• clarifies wind load design criteria (“importance factor”) applicable to commercial wireless communications towers
• increases the membership on the commission by two to include representatives from swimming pool and green construction industries, and to encourage specified trade organizations to recommend candidates for appointment by the Governor
• authorizes the commission to implement the recommendations for energy efficiency and to issue declaratory statements regarding the Florida Accessibility Code
• transfers jurisdiction for enforcement of construction of mental health treatment facilities under the Department of Children and Families to the Agency for Health Care Administration
• requires review of evaluation entities for product evaluation and approval and authorizes rulemaking by July 1, 2009, to determine criteria for such entities
• creates new sections to facilitate and promote cost-efficient energy conservation, energy-demand management and use of renewal energy technology, including a schedule of mandated thermal efficiency stands for the 2010 code (20 percent), 2013 code (30 percent), 2016 code (40 percent) and 2019 code (50 percent)

Other changes affecting the Florida Building Code include changes to requirements enacted in 2007, such as the following:

• amends Section 553.844, F.S., regarding windstorm loss mitigation to require that secondary water barriers for roofing not be limited to one method or material, and clarifies other roofing requirements enacted in 2007 involving roof-to-wall and gable end connections
• amends Section 553.885(1), F.S., regarding the requirement for installation of carbon monoxide alarms, to modify the locations of such alarms in hospitals, in-patient hospice facilities and nursing homes licensed by the Agency for Health Care Administration
• repeals Section 553.731, F.S., regarding wind-borne debris protection
• repeals Section 627.351(6)(a)6., F.S., which had prohibited Citizens Insurance Corporation from insuring structures located within 2,500 feet landward of the coastal construction control line, unless the property met the requirements of the “code-plus” building standards

If approved by the Governor, the effective date of this bill is July 1, 2008, but the sections regarding mediation and arbitration are effective July 1, 2009.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h069703er.pdf

Board of Architecture and Interior Design

HB 5047 amends Section 455.32, F.S., to limit the authority of the Department of Business and Professional Regulation to privatize certain board functions by adding a requirement that a general law first be enacted. This bill also amends Section 481.205, F.S., regarding the existing privatization of the Board of Architecture and Interior Design to require extensive annual reports of activities to the legislature.

¹ This change addresses an issue the Florida Building Commission has faced over the applicable code provisions for job trailers left on site for more than six months; some building authorities were taking the position that after six months the code required job trailers to be treated as any other structure for wind load design (tie-down).

If approved by the Governor, the effective date of this bill is July1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h504702er.pdf

Unemployment Compensation for Day Laborers

CS/CS/SB 854 amends the circumstances under which a day laborer will be deemed to have “voluntarily quit” for purposes of being denied unemployment compensation based on a written notice to re-appear for further work assignment upon completion of an initial work assignment.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0854er.pdf

Unemployment Compensation Benefits

CS/SB 1026 amends Section 443.111(1)(d), F.S., to authorize the Agency for Workforce Innovation to develop a system for electronic payment of benefits and to enact rules for the implementation.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1026er.pdf

Qualified Defense Contractor Tax Refund Program

CS/HB 1373 is designed to provide an economic stimulus to the further development of the space industry in Florida. The bill amends Section 288.1045, F.S., to add a definition “Space Flight Business,” and to change the current maximum corporate tax refund from the current maximum of $5,000 per job to $6,000 per job in a rural county or enterprise zone, and with an additional: $1,000 for each job with an annual average wage of at least 150 percent of the area average private sector wage, or $1,000 for each job with an annual average wage of at least 200 percent of the area average private sector wage.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h137303er.pdf

Real Estate

Residential Properties

CS/CS/HB 679 removes the requirement that the Department of Health regulate swimming pools owned by a homeowners’ association with 32 or less parcels. A similar exception was already in law for condominium associations of 32 or less units. The bill also makes changes to the requirements and qualifications of board members. For example:

• a director, officer or committee member of a homeowners’ association may not receive compensation for his service to the association
• an elected director of a condominium association or a homeowners’ association must certify in writing within 30 days of being elected that he or she has read the governing documents of the association as well as the relevant statutes
• co-owners may not serve at the same time on the board of administration of an association of 10 or more units
• a person may not serve on the board if he or she is convicted of a crime that would be a felony in Florida and has not had his or her civil rights restored for at least five years and limits condominium association board members to two-year terms

This bill also creates Sections 720.501-.510, F.S., the “Home Court Advantage Act.” These new sections provide for pre-suit mediation or pre-suit arbitration for disputes between homeowners’ associations and a parcel owner, or owners and parcel owners within the same homeowners’ association before a complaint may be filed in court.

If approved by the Governor, the effective date of this bill is July 1, 2008, but the sections regarding mediation and arbitration are effective July 1, 2009.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h067905er.pdf

Community Associations

House Speaker Marco Rubio created the Select Committee on Condominium & Homeowners Association Governance in January 2008. This act is a result of the work of the select committee. CS/HB 995 makes numerous changes to condominium law such as requiring community association management firms to be regulated. The Department of Business and Professional Regulation has been given more power to investigate complaints regarding Community Association Managers (CAMs) and community association management firms. The bill makes changes regarding duties, responsibilities and liabilities of officers and directors of a condominium association and the law regarding maintenance of records. The bill also addresses issues condominium associations faced as a result of hurricanes. For example, the bill provides: that the board of administration may install hurricane shutters or other forms of hurricane protection; a condominium greater than three stories in height must have a structural inspection at least every five years, unless the requirement is waived by a majority vote of the owners; and emergency powers for condominiums when a state emergency is declared. The bill limits the jurisdiction of the Department of Business and Professional Regulation after turnover to financial matters and election disputes.

These provisions were approved by the Governor and take effect on October 1, 2008. Chapter 2008-28, L.O.F.

Copy of Enrolled/Enacted Bill:

http://laws.flrules.org/files/Ch_2008-028.pdf

Condominium, Cooperative and Homeowners’ Associations

CS/HB 1105 increases restrictions on condominium, cooperative and homeowners’ associations. Like other entities, condominium associations, cooperative associations and homeowners’ associations may be placed into receivership. This bill provides for notice of a unit or parcel owner’s intent to file a petition for the appointment of a receiver to all unit owners or parcel owners of an association at least 30 days before the filing of the petition. This bill also requires additional notice to unit owners or parcel owners should a petition for receivership be granted. Condominium, cooperative and homeowners’ associations may impose a lien against an owner for unpaid assessments; this lien may be foreclosed. Current law requires 30 days notice before the filing of a lien against a member of a homeowners’ association. This bill requires condominium associations and cooperative associations to similarly give 30 days notice of intent to file a lien.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h110503er.pdf

Land Sales Program

CS/CS/HB 601 contains numerous modifications relating to several programs under the Department of Business and Professional Regulation (DBPR), including the repeal of the land sales program. This bill de-regulates the sale of subdivided land by DBPR under the Division of Florida Land Sales, Condominiums and Mobile Homes. The bill renames the Division of Florida Land Sales, Condominiums and Mobile Homes as the Division of Florida Condominiums, Timeshares and Mobile Homes.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h060106er.pdf

Foreclosure Fraud

The Legislature addressed a number of issues resulting from the state’s struggling economy. One major issue concerns foreclosure fraud. Last year, an estimated 150,000 mortgage foreclosures occurred in Florida, ranking the state the second highest in the nation in terms of number of foreclosures. Unfortunately, criminals and scam artists have found a new market of consumers to defraud by making false promises to rescue homeowners from foreclosures.

CS/HB 643 creates consumer protections for homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment, and such homeowners find themselves securing services from foreclosure-rescue consultants or equity purchasers. In the course of offering or providing foreclosure-related rescue services, a foreclosure rescue consultant is prohibited from initiating services without first executing a written agreement with the homeowner and/or collecting or securing payment before completing or performing all agreed upon services.

For contracts dealing with foreclosure consultants or equity purchasers, there are further protections, including, but not limited to provisions regarding cancellation, which cannot be waived. The bill also provides that an equity purchaser must fully assume or discharge any liens.

The bill establishes certain rebuttable presumptions regarding the homeowner’s reasonable ability to make the required payments to repurchase the property and regarding the price of the repurchase. The bill also provides that a rebuttable presumption exists solely between the purchaser and the homeowner for any foreclosure rescue transaction involving a lease option or other repurchase agreement that the transaction is a loan and the conveyance from the homeowner to the purchaser is a mortgage. This provision does not apply to a subsequent purchase unless it is recorded.

Any person who violates any provisions of these laws commits an unfair and deceptive trade practice subject to the penalties and remedies provided in Chapter 501, part II, F.S., including a monetary penalty up to $15,000.

If approved by the Governor, the effective date of this bill is October 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h064303er.pdf

Title Insurance

Florida is going to undertake a comprehensive review of the state’s title insurance system. In 2006, Florida’s Office of Insurance Regulation (OIR) completed a review of the title insurance industry in Florida and reported: the Florida title insurance industry is dominated by five large groups; Floridians are paying more for comparable title insurance compared to consumers in other states; and the loss ratios for title insurance coverage are low relative to other states and recommended tying premium rates to loss ratios, thereby making rates a reflection of the actual risks borne by the insurer. The title industry disputes the findings and identified flaws in OIR’s study.

CS/HB 937 creates the Florida 2008 Title Insurance Study Advisory Council, which is composed of 21 members, with representatives from government, title insurers, insurance agents, the banking and real estate industries, and attorneys. The Council is chaired by the Governor or his designee, with the Chief Financial Officer or her designee serving as vice chair. The Council will undertake a comprehensive examination of the title insurance system in Florida and make findings and recommendations in its final report to the Governor, Speaker of the House of Representatives and President of the Senate on or before December 31, 2009. The final report must be approved by at least two-thirds of the Council’s membership and the chair must be in the prevailing majority.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h093703er.pdf

Residential Tenancies

Under existing law, a landlord’s remedy for a tenant’s early termination is the landlord’s actual damages. HB 1489 amends the Florida Residential Landlord and Tenant Act to permit residential lease agreements to impose an early termination fee and/or liquidated damages on tenants who terminate their leases before the expiration of a lease. The total liquidated damages and any early termination fee cannot exceed two months’ rent and is in addition to any unpaid rent that may be due under the rental agreement.
If approved by the Governor, this bill will be effective upon becoming law.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h148902er.pdf

Corrections and Criminal Offenses

Correctional Policy Advisory Council

CS/CS/SB 2000 creates the Correctional Policy Advisory Council within the Legislature. The Council is a 10-member advisory body that will be abolished July 1, 2011. The purpose of the Council is to evaluate and make findings and recommendations on or before January 15 of each year regarding correctional policies, justice reinvestment initiatives and laws affecting or applicable to corrections. All recommendations must be consistent with the goals of protecting public safety and providing for the most cost-effective and efficient use of correctional resources to the extent that such use is not in conflict with the public safety goal. The Council consists of the following members: two senators; two representatives; a representative from the victim advocacy profession appointed by the Attorney General; the Attorney General or designee; the Secretary of Corrections or designee; one state attorney, one public defender and one private attorney appointed by the Governor.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2000er.pdf

Department of Corrections

HB 7137 addresses a number of issues relating to the Department of Corrections (DOC). Among other things, the bill:

• provides that an administrative law judge may appoint a private pro bono attorney in a continued placement proceeding to represent an inmate who is receiving treatment in a correctional mental health facility
• adds cellular phones and other portable communication devices to the list of articles declared to be contraband within a state prison
• revises the Corrections Mental Health Act to allow the inmate’s counsel to have access to the inmate and records that are relevant to representation of the inmate
• requires the department to house certain young adult offenders, who currently must be housed separately, at youthful offender facilities

If approved by the Governor, the effective date of this bill is October 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h713702er.pdf

Guns at Work

CS/HB 503 creates the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008,” which will codify legislative policy regarding statutory rights of lawful firearm owners and carriers as contrasted with the statutory rights of public or private employers. There are a list of properties in the bill on which the prohibitions will not apply including school properties; correctional institutions; properties where national defense, aerospace, or domestic security activities are conducted;
and nuclear-powered electricity generation facilities. The bill provides for enforcement of the act by the Attorney General.

After passage, the Florida Chamber of Commerce and the Florida Retail Federation filed suit in federal court in Tallahassee against the “Guns At Work” legislation maintaining that business owners should be able to decide if employees can or cannot bring guns on their property. These groups are seeking the court to declare the new law unconstitutional and to enjoin the enforcement of this statute.

These provisions were approved by the Governor and take effect July 1, 2008, and shall apply to causes of action accruing on or after that date. Chapter 2008-07, L.O.F.

Copy of Enrolled/Enacted Bill:

http://laws.flrules.org/files/Ch_2008-007.pdf

Wrongful Incarceration

Under the provisions of CS/CS/CS/SB 756, exonerated individuals can receive $50,000 per year in prison if they have not had a prior felony conviction. This bill creates a program under which a person who was convicted and incarcerated for a felony of which he or she was actually innocent may apply for compensation from the state. The petition must be filed within 90 days of the order vacating a conviction and sentence, if the person’s conviction and sentence is vacated on or after July 1, 2008. For those persons whose convictions and sentences were vacated by an order that became final prior to July 1, 2008, the petition must be filed by July 1, 2010. In addition to the monetary compensation, a person who is found to be a wrongfully incarcerated person who is eligible for compensation is entitled to receive tuition and a fee waiver for up to 120 hours of instruction at any career center, community college, or state university, immediate administrative expunction of the criminal record resulting from the wrongful incarceration and fines, costs, and attorneys’ fees imposed and paid by the wrongfully incarcerated person and associated with the wrongful conviction and incarceration. The cap on total compensation under the program is $2 million.

Prior to receiving the first payment, the claimant must execute a release and waiver releasing the state or any agency, or any political subdivision, from any and all liability for present and future claims arising out of the factual situation in connection with the person’s wrongful incarceration.

The bill includes a statement declaring that any compensation paid under the act does not constitute a waiver of any defense of sovereign immunity or an increase in the limits of liability on behalf of the state or any person.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0756er.pdf

Cultural Affairs, Tourism and Commerce

Official State Symbols

SB 230 designates the Florida Cracker Horse as the official state horse and the Loggerhead Turtle as the official state water reptile. A repeal date of July 1, 2018, is provided, unless reviewed and reenacted by the Legislature before that date.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0230er.pdf

Cultural and Historical Programs

CS/HB 987 transfers the Historical Museum grant program and the Museum of Florida History, its programs and citizen support organization from the Department of State’s Division of Historical Resources (Chapter 267, F.S.) to the Department of State’s Division of Cultural Affairs (Chapter 265, F.S.).

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h098702er.pdf

Official State Anthem and Official State Song

SB 1558 designates the song “Where the Sawgrass Meets the Sky” as the official state anthem. The song was written and composed by a music teacher from Pompano Beach, Florida, and was selected through a statewide search conducted by the Florida Music Educators’ Association. Entries were narrowed to three finalists by judges from the Association and then an online Internet vote was held and “Where the Sawgrass Meets the Sky” garnered a majority of the votes. The bill also designates the official state song as “The Swanee River (Old Folks at Home)” with revised lyrics, as adopted by the Center for American Music, Stephen Foster Memorial, at the University of Pittsburgh.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1558er.pdf

Sellers of Travel

CS/CS/SB 1310 creates disclosure requirements for sellers of travel, requiring them to annually certify to the Department of Agriculture and Consumer Services whether or not they provide travel services to terrorist states, including Cuba. This bill creates increased administrative, civil and criminal penalties for failure to comply with the new certification requirements.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1310er.pdf

Economic Stimulus

CS/SB 2310 relates to investments by the State Board of Administration (SBA). The SBA is directed to invest a maximum 1.5 percent of the net asset value of the Florida Retirement System Trust Fund in technology and growth investments in businesses that are either domiciled in Florida, or whose principal address is in Florida. The investments must be consistent with the SBA’s fiduciary responsibilities. The bill defines “technology and growth investments” to include space technology, aerospace and aviation engineering, computer technology, renewable energy, and medical and life sciences. The Office of Program Policy and Government Accountability (OPPAGA) will review and report on the investments by January 15 of each year. Finally, this bill creates a $40 million prize ($20 million contributed by the state) to encourage the invention of a reusable space vehicle that could be used to replace the Space Shuttle; however, no appropriation is provided to fund the state’s share of the prize.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2310er.pdf

Education

Ethics in Education Act

CS/CS/CS/SB 1712 establishes comprehensive changes at the state and local level regarding the screening, hiring and termination policies for educators and the reporting procedures related to allegations of educator misconduct. The bill includes provisions related to background screenings of potential applicants for instructional personnel and school-based administrator positions, immediate suspension and reassignment from the classroom or school, the prohibition of confidentiality agreements, and penalties and sanctions.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1712er.pdf

Anti-Bullying

HB 669 creates the “Jeffrey Johnston Stand Up for All Students Act” and prohibits the bullying or harassment of any public K-12 student or employee during a public K-12 education program or activity; during a school-related or school-sponsored program or activity; on a public K-12 school bus; or through a public K-12 computer, computer system, or computer network.

The Department of Education must adopt a model bullying and harassment policy by October 1, 2008. By December1, 2008, each school district is required to adopt a bullying and harassment policy in substantial conformity with the department’s model policy and include students, parents, teachers, administrators, school staff, volunteers, community representatives and local law enforcement agencies in the development of the district’s policy.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of Enrolled/Enacted Bill:


http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h066902er.pdf

Don Davis Physical Education Act

CS/CS/SB 610 is named for the late Representative Don Davis of Jacksonville, who was the sponsor of this legislation in the House of Representatives. This bill requires each district school board to include in its written physical education policy the benefits of physical education and the availability of one-on-one counseling to parents concerning the benefits. In addition to current requirements for the provision of 150 minutes of physical education each week to students in kindergarten through grade five, the bill requires each school board to provide such education to students in grade six who are enrolled in a school that also contains one or more elementary grades. On any day when such physical education instruction is provided there must be at least 30 consecutive minutes of instruction.

Beginning with the 2009-2010 school year, district school boards must provide the equivalent of one class period per day of physical education for one semester of each year for students enrolled in grades six through eight. This requirement may be waived for students who are enrolled in a remedial course or whose parents request a waiver under certain conditions. School districts are required to notify parents of the waiver options before scheduling a student to participate in physical education.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0610er.pdf

Corporate Income Tax Credit Scholarship Program

For the Corporate Income Tax Credit (CTC) Scholarship Program, CS/CS/CS/HB 653 revises the scholarship eligibility criteria to allow the participation of the sibling of a scholarship student and students who are placed in foster care. The bill also makes the following changes to the provisions of the CTC scholarship program:

• increases the current maximum scholarship award amount from $3,750 to $3,950, beginning with Fiscal Year 2008-2009
• requires an eligible nonprofit scholarship-funding organization (SFO) to annually expend at least 75 percent, rather than obligate 100 percent of the eligible contributions received in that fiscal year
• increases the $88 million maximum tax credit by $30 million to $118 million beginning with Fiscal Year 2008-2009
• provides that contributions in excess of carry forward at the end of the state fiscal year revert to the General Revenue Fund

If approved by the Governor, the effective date of this bill is June 30, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h065305er.pdf

Educational Opportunity for Military Children

CS/HB 1203 creates the Compact on Educational Opportunity for Military Children, which is designed to assist the educational continuity of students whose parents are military service members. The bill would also create an Interstate Commission on Educational Opportunity for Military Children to provide general oversight of the compact agreement, create and enforce rules governing the compact’s operation, and provide a venue for solving interstate issues and disputes. The bill authorizes the Governor to designate a Compact Commissioner and Military Family Education Liaison and creates the State Advisory Council to make recommendations for compliance with the compact.

If approved by the Governor, the effective date of this bill is July 1, 2008, or upon enactment of the compact into law by nine other states, whichever date occurs later.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h120303er.pdf

Extracurricular Activities

Beginning in the 2008-2009 school year in Bradford, Duval and Nassau school districts, a two-year pilot program is established under CS/CS/SB 526 to permit a middle or high school student enrolled in a private school to participate in intrascholastic and interscholastic sports at a public school under certain conditions. A report, including recommendations, must be made by the Florida High School Athletic Association (FHSAA) and the participating school districts to the Governor and the legislative presiding officers by January 1, 2010.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0526er.pdf

Prekindergarten Instruction

HB 879 revises the statutes governing publicly-funded educational programs for young children. The changes would allow early learning coalition boards to engage in board business by conference call. Voluntary prekindergarten program providers would also be authorized to employ substitute teachers to temporarily replace credentialed instructors, if they are of good moral character and meet the requirements of level two background screening before employment. Additionally, a private provider of the voluntary prekindergarten program must be accredited by an association with written accreditation standards that meet or exceed the state’s licensing standards.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h087903er.pdf

Election Reform

CS/CS/SB 866 is an omnibus elections package dealing with numerous election reform issues. Among other things, the bill:

• clarifies that the Secretary of State has authority to conduct preliminary investigations into fraud or irregularities involving candidate petition activities
• amends the acceptance process for voter registration applications
• allows an elector to change his or her party affiliation after the book closing deadline for an upcoming election if the upcoming election is not a nominating election
• requires the local Supervisor of Elections, who receives information that a registered voter has changed his or her legal residence within the state, to change the registration records to reflect the new address
• shortens the timeframe within which supervisors must report voting history information to the department – to 45 days from 75 days after a general election
• removes the specific qualifying fee and assessment provisions for candidates seeking a position on a community development district’s board of supervisors
• provides that a county, district, or municipality does not have to offer early voting for a bond referendum if the election is not held in conjunction with a state or county election
• prohibits an initiative petition form circulated for signature from being attached to or coupled with another initiative petition form
• gives municipalities the ability to change, by ordinance, election dates to correspond to any statewide or countywide election
• removes the ability of a presidential candidate to request that the selection committee reconsider placing his or her name on the ballot when it does not appear on the list submitted by the Secretary of State
• removes a requirement for candidates who qualify for office with the Department of State and who are not voted upon statewide to file a copy of the name and address of the campaign treasurer with the local supervisor of elections office
• allows local governments to develop electronic filing requirements for local officers and candidates that do not conflict with the current electronic filing process for candidates who file reports with the Division of Elections
• repeals Section 106.082, F.S., relating to campaign contribution limitations for candidates for the office of Commissioner of Agriculture, thus subjecting Commissioner of Agriculture candidates to the $500 limit applicable to all other candidates
• provides for a shorter sponsorship disclaimer for electioneering communication telephone calls and exempts these calls from obtaining written approval of the candidate the call supports
• provides that candidates for circuit judge shall be listed on the ballot in alphabetical order rather than determining ballot position for these offices by lot

If approved by the Governor, the effective date of this bill is January 1, 2009, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0866er.pdf

Energy

HB 7135 is a comprehensive energy bill that will impact virtually every sector of our state’s economy, including: utilities, the construction and transportation industries; renewable energy developers; biofuel companies; solid waste and recycling companies; and local governments.

The bill contains many, but not all, of Governor Crist’s energy objectives set forth in Executive Orders 07-126, 07-127 and 07-128 and includes the following:

• provides for state government to “lead-by-example” in energy conservation and efficiency
• authorizes the Department of Environmental Protection (DEP) to develop a marked-based regulatory program to reduce greenhouse gas (GHG) emissions from electric utilities, but delays the effective date of such regulations until ratified by the Legislature
• streamlines the Florida Electrical Power Plant Siting Act (PPSA) to facilitate the siting of low-carbon
  emitting electrical plants
• amends the Florida Energy Efficiency and Conservation Act and requires the Public Service Commission (PSC) to adopt rules that encourage electric utilities to increase energy efficiency and demand-side renewable energy systems
• requires the PSC to adopt renewable portfolio standards (RPS) for electric utilities, but delays the effective date of those regulations until ratified by the Legislature
• establishes a preference for climate friendly products and “green” facilities for purposes of awarding state contracts
• establishes a schedule to increase energy efficiency in buildings subject to the Florida Energy Efficiency Code for building construction
• establishes increased energy efficiency standards for water heaters, dishwashers and swimming pools
• establishes a renewable fuel standard for Florida and requires that by 2010, with limited exceptions, all gasoline sold in this state must contain at least 10 percent ethanol
• repeals the Florida Energy Commission and creates the new 12-member Florida Energy and Climate Commission that is charged with developing, coordinating and implementing energy policies for the state

On June 18, 2008, Holland & Knight will conduct an invitation-only seminar on the impacts of HB 7135 in Tallahassee. If you would like an invitation to this event or for further information, please contact Bruce May at bruce.may@hklaw.com or call 850.425.5607.

If approved by the Governor, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h713503er.pdf

Environment and Land Use

Administrative Procedures

CS/CS/SB 704 creates the Open Government Act. Among other things, it provides for additional restrictions for the use of unadopted rules and creates incentives for agencies to promulgate rules rather than rely on unadopted rules to implement their statutory responsibilities. The bill also increases from $15,000 to $50,000 the limits on attorneys’ fees that may be awarded in challenges to proposed and existing rules. In addition, the bill makes changes to the rulemaking process to enhance public participation, and it provides for the on-line electronic publication of the Florida Administrative Code.
If approved by the Governor, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0704er.pdf

Brownfield Redevelopment

CS/HB 527 revises the Brownfield Redevelopment Act and establishes a new tax credit for an additional 25 percent of total site rehabilitation costs, up to $500,000, and a bonus for the construction and operation of a health care facility or health care provider on a brownfield site. The bill expands the Brownfield Areas Loan Guarantee Program. The bill also clarifies the requirements for submittals of site rehabilitation and tax credit applications, and it reduces or eliminates some of the requirements for brownfield area designations and for brownfield site rehabilitation agreements. In addition, the bill extends tax credits to sites involving the removal of solid waste. Finally, the bill amends the Innocent Victim Petroleum Storage System Restoration Program in an effort to allow initial petroleum contaminated sites to remain eligible for state-funded clean-up.

If approved by the Governor, this bill will be effective upon becoming law and shall operate retroactively to January 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h052703er.pdf

Clean-Up of Contaminated Sites

HB 961 increases the restoration cap amount for the Petroleum Participation Program and for the Florida Petroleum Liability and Restoration Insurance Program.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h096101er.pdf

Gambling Vessels/Clean Ocean Act

CS/CS/SB’s 1094 and 326 creates the Clean Ocean Act and requires owners or operators of gambling vessels (so-called “day cruises”) to register with DEP. The bill also requires an owner or operator of a gambling vessel berth location to establish procedures for the release of waste from gambling vessels and to make available a waste management service to handle and dispose of the vessel’s waste. Gambling vessels that release any waste in the coastal waters must report the release to DEP within 24 hours.
If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1094er.pdf

Water Quality Credit Trading

CS/HB 547 authorizes DEP to adopt rules to implement a water quality credit trading program.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h054704er.pdf

Developments of Regional Impact

CS/SB 1706 provides an exemption from the DRI law for a proposed biotech project in South Florida. It also includes language clarifying the three-year extension of build-out dates enacted in 2007.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1706er.pdf

CS/CS/SB 682, a transportation bill, also establishes a DRI exemption for port-related facilities within three miles of the port. In addition, the bill directs the Florida Department of Transportation (DOT) to establish an approved methodology that recognizes that a planned, sustainable DRI will likely achieve an internal capture rate greater than 30 percent when fully developed.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0682er.pdf

Florida Forever

CS/CS/SB 542 extends the current Florida Forever program for 10 years and increases the bonding capacity from $3 billion to $5.3 billion. The $300 million per year cap is retained. The bill expands the scope of the program to include the protection of agricultural lands and working waterfronts from conversion to other land uses. The bill also provides for the recovery and management of imperiled species through the acquisition and management of ecosystems and by providing incentives to public and private
landowners to participate in such activities.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0542er.pdf

Landfills

CS/CS/SB 1294 includes a provision that prohibits the issuance of a permit for a Class I landfill that will be located on or adjacent to a Class III landfill that was permitted on or before January 1, 2006, and is located in the Southern Water Use Caution Area (SWUCA). This provision is designed to prohibit the issuance of permits for the expansion of a landfill in the city of Bartow.

If approved by the Governor, this bill will be effective upon becoming law, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1294er.pdf

Recycling Goal and Recyclable Materials

The energy bill, HB 7135, also includes provisions relating to recycling. One provision establishes a long-term recycling goal of 75 percent, and it requires DEP to establish a comprehensive recycling program designed to achieve that goal by 2020. The program is to be developed in coordination with public and private stakeholders. The program is to be submitted to the Legislature by January 1, 2010, but may not be implemented until approved by the Legislature.

Another provision in HB 7135 requires DEP to undertake an analysis of the need for different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. The analysis is to include input from a variety of stakeholders and is to be included in a report submitted to the Legislature by no later than February 1, 2010. Until the Legislature enacts any recommendations, local and state governments are prohibited from adopting any rule or ordinance regarding the use, disposition, sale, prohibition, restriction or tax of such auxiliary containers, wrappings or disposable plastic bags.

If approved by the Governor, the effective date of this bill is July 1, 2008, except as otherwise provided in the bill.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h713503er.pdf

Health Care Insurance and Regulation

Cover Florida Health Care Access Program

CS/CS/SB 2534 was the result of a compromise between the House and the Governor’s office which combined two bills aimed at broadening access to health care for Floridians. It creates the Cover Florida Health Care Access Program (CFHCAP) and the Florida Health Choices Program (FHCP). CFHCAP is created to provide catastrophic and non-catastrophic coverage for uninsured individuals between the ages of 19-64 at a lower cost than normal. This program will be overseen by the Office of Insurance Regulation and the Agency for Health Care Administration. FHCP is created to expand health care options for small business and fiscally constrained government entities. This program is designed to operate by creating a “marketplace” offering various product options which operate free of normal government regulations and allowing for lower costs and greater flexibility.

These provisions were approved by the Governor and took effect on May 21, 2008. Chapter 2008-32, L.O.F.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2534er.pdf

Health Flex Plans

HB 461 increases the eligibility for health flex plans from 200 percent to 300 percent of the federal poverty level. It extends the state health flex plan until 2013. It also denies health flex plan eligibility to Miami-Dade and Palm Beach County residents with federally approved Medicaid demonstration waivers.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h046101er.pdf

Autism Spectrum Disorder

Statistics show that one in every 150 children develop an autism spectrum disorder, including one in every 94 boys. CS/CS/CS/SB 2654, called the “Window of Opportunity Act,” authorizes the Agency for Health Care Administration to seek federal approval for Florida to provide home and community-based services for autism spectrum disorder and other developmental disabilities. The bill also creates the “Steven A. Geller Autism Coverage Act” named after sponsor, Senator Steven Geller. The Act creates a mandated benefit for autism coverage which will apply to any carrier that does not follow the agreement by April 1, 2010. The mandated benefit includes a $36,000 annual maximum and $200,000 lifetime maximum for screening and therapy for autism. This legislation also allows the Office of Insurance Regulation to convene a workgroup that includes health insurance carriers, self-insured employers, two designees of the Governor, one designee of the Senate President and one designee of the House Speaker.

The bill was approved by the Governor and takes effect on July 1, 2008. Chapter 2008-30, L.O.F.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2654er.pdf

Health Insurance Claims Payments

CS/CS/SB 1012 revises provisions relating to overpayment recovery by health insurers and health maintenance organizations and underpayment collection by providers by shortening the look-back period for various claims from 30 months. It also prohibits so-called “silent PPOs” in which insurers and HMOs sell or grant access to health care services of participating providers without the providers’ knowledge.
If approved by the Governor, the effective date of this bill is November 1, 2008, and will apply to contracts entered into, issued, or renewed on or after that date. The amendments made to Sections. 627.6131 and 641.3155, F.S. (overpayment or underpayment of claims), apply to claims payments made on or after November 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1012er.pdf

Certificate of Need

CS/SB 2326 reduces the requirements for general hospitals subject to certificate of need (CON) review and creates new standards for their CON applications. The bill also allows entities (other than competing applicants) that are opposed to CON approval for a general hospital to submit a written opposition statement and limits participation in administrative hearings to such entities and competing CON applicants.
These provisions were approved by the Governor and took effect on May 19, 2008. Chapter 2008-29, L.O.F.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2326er.pdf

Prescription Drugs

HB 7049 clarifies and consolidates existing statutory provisions relating to pedigree papers. Additionally, the bill allows prescription drug wholesale distributors to use direct-purchase pedigrees (as opposed to full pedigrees), reducing the regulatory burden in cases where intracompany transfers occur. The current statute only allows for one intracompany transfer before requiring a full pedigree.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h704903er.pdf

State Budget

The Conference Report for HB 5001 – referred to as the General Appropriations Act – provides moneys for the annual period from July 1, 2008 through June 30, 2009. HB 5001 provides for a total budget of $66.2 billion, which includes $25.6 billion in General Revenue (GR) funds and $40.6 billion in Trust Fund (TF) monies.

A summary of the budget broken down by each funding area is as follows:

• Pre-K - 12 Education Appropriations – $12.1 billion ($9.1 billion GR; $3.0 billion TF)
• Higher Education Appropriations – $6.0 billion ($3.8 billion GR; $2.2 billion TF)
• Health Care Appropriations – $23.4 billion ($7.1 billion GR; $16.2 billion TF)
• Criminal and Civil Justice Appropriations – $5.0 billion ($4.3 billion GR; $.7 billion TF)
• General Government Appropriations – $4.5 billion ($.5 billion GR; $4.0 billion TF)
• Transportation and Economic Development Appropriations – $11.7 billion ($.5 billion GR;
  $11.2 billion TF)

If approved by the Governor, the effective date of this bill is July 1, 2008, or upon becoming law, whichever occurs later, except as otherwise provided in the bill. The Governor has the authority to line item veto individual portions of the state budget.

Copy of the Budget Conference Report:

http://www.flsenate.gov/data/session/2008/house/appbills/pdf/confreprt08.pdf

Crotzer Claims Bill

HB 7037 provides relief for Alan Jerome Crotzer by appropriating $1.25 million from the General Revenue Fund, which is to be used by the Department of Financial Services to purchase an annuity on behalf of Mr. Crotzer to compensate him for 24 years of wrongful incarceration. The bill also specifies that no part of the award is to be paid for attorneys’ fees, lobbying fees, costs, or other similar expenses.

These provisions were approved by the Governor and took effect on April 10, 2008. Chapter 2008-___, L.O.F.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h703701er.pdf

State and Local Taxes

Failed Tax Exemptions

The 2008 Legislative Session was definitely not a banner year for tax exemptions. Even the perennial sales tax “holidays” for purchases of school supplies (HB 893/SB 2094) and hurricane preparedness items (SB 86/HB 111) failed to pass. In addition, a proposed summer gas tax reduction failed (SB 1838).

Documentary Stamp Tax “Fix”

A proposal to close a so-called loophole in the documentary stamp tax on deeds, HB 599/SB 2040, passed the Senate but failed in the House. The proposal would have limited the ability to transfer real estate between related business entities without payment of the tax. This has become a commonly used device for avoiding the tax on real estate transfers.

Streamlined Sales Tax

The Streamlined Sales Tax legislation, SB 962/HB 1393, once again failed to pass. Some view this legislation as necessary groundwork for the collection of sales tax on sales by out-of-state sellers over the Internet.

Failed Return of the Unitary Tax

Legislation was introduced to adopt a “water’s-edge” unitary method for the corporate income tax, SB 2766/HB 1237. This proposal was similar to, but somewhat more narrow than, the worldwide unitary method adopted and quickly repealed in the early 1980s. Proponents advocated this as a loophole closing measure while opponents characterized it as an unnecessary burden on multistate businesses.

Corporate Income Tax “Piggyback”

The annual piggyback bill, HB 5065, bringing Florida’s income tax law into conformity with the federal law, was approved. However, the piggyback excludes the bonus depreciation provisions contained in Sections 102 and 103 of the Economic Stimulus Act of 2008, Public Law 110-185. Excluding these provisions from the piggyback avoided an estimated $150 million negative revenue impact for Fiscal Year 2008-2009 that would have resulted from including these provisions in the piggyback. HB 5065 also changed the timing for making estimated payments from the first day of the particular month to the last day of the preceding month. This change was primarily aimed at estimated payments that would have otherwise been due July 1, 2009. These payments will now be due June 30, 2009, which effectively will move approximately $94 million into Fiscal Year 2008-2009 that would otherwise have been attributable to Fiscal Year 2009-2010.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h506502er.pdf

Tax Administration

The Department of Revenue’s annual tax administration package, SB 2788/HB 7147, also failed to pass due largely to opposition to certain exemption proposals added to the legislation by certain businesses.

Property Tax

During the 2008 Legislative Session, the House with Speaker Marco Rubio pressed for more property tax relief but the Senate led by President Ken Pruitt and Governor Charlie Crist were content to let the January 2008 Special Election passage of property tax reform get implemented before going any further. At the same time, the constitutional Tax and Budget Reform Commission was also at work and was considering several proposals. The end result was no property tax changes from the Legislature. Speaker Rubio was unsuccessful in his effort to place a constitutional amendment on the November 2008 General Election Ballot limiting all property taxes to no more than 1.35 mills.

Cigarette Tax

Legislation to increase the tax on a pack of cigarettes by $1.00 which would have raised $1.1 billion of new revenue also failed. Major health advocate groups like the American Cancer Society, the American Heart Association and the American Lung Association pushed hard and succeeded in convincing the members of the Senate Committee on Health Policy to approve the cigarette tax increase contained in CS/SB 2790, but House leadership, Senate leadership and the Governor held the line on their stance of “no new taxes.” As budget woes are likely to continue into next session, this issue will return and will likely have more support.
In the final budget conference committee report, funding for tobacco education for children received full funding of over $59 million. This was due to the passage of the 2006 constitutional mandate guaranteeing that 15 percent of the tobacco settlement revenues be used for this program. Under the mandate, the Legislature is forced to provide the funding regardless of the state’s revenue deficit. The House attempted to divert some of the tobacco trust fund revenues to questionable programs, however, the Senate refused to accept the House’s position. Ultimately, the House relented after Holland & Knight lawyer and former Supreme Court Justice Steve Grimes drafted a letter outlining the intent of the constitutional amendment, which Justice Grimes also drafted.

Transportation

Pedestrian Safety

HB 154 require drivers to stop and yield the right of way to pedestrians when they are in the crosswalk or at intersections. The bill clarifies these requirements by requiring drivers at signal controlled intersections to stop for pedestrians currently legally crossing the roadway. Drivers at intersections with traffic control signals in place, or at any crosswalk where signage so indicates, are required to stop and remain stopped to allow legally crossing pedestrians to cross the street.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0154er.pdf

Driver’s Licenses and Hybrid Cars

CS/CS/CS/SB 1992 contains numerous changes to the highway safety and motor vehicle laws administered by the Department of Highway Safety and Motor Vehicles and the Department of Transportation. Among the provisions, the bill redefines the term “hybrid vehicle” and allows hybrid, low-emission or energy-efficient vehicles to use High-Occupancy Vehicle (HOV) lanes.

Additionally, CS/CS/CS/SB 1992 raises the license fees contained in Section 322.21, F.S., as follows:

• a commercial license is increased from $50 to $67
• a Class E license is raised from $20 to $27
• a renewal is raised from $15 to $20
• the replacement fee remains $10, but shall apply in all cases where a change of address is required, as the sticker-replacement method is removed

If approved by the Governor, the effective date of this bill is October 1, 2008, except as otherwise provided in the bill.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s1992er.pdf

Toll Hikes

CS/CS/SB 682 makes changes to numerous programs administered by, or affecting, the Florida Department of Transportation (FDOT). One of the provisions contained in the bill gives local expressway authorities the option to index tolls to inflation every five years to enhance their bonding abilities. The bill also directs FDOT to conduct a study examining transportation alternatives for the Interstate 95 travel corridor considering needs relating to transportation, emergency management, homeland security and economic development. Additionally, the bill exempts certain seaport-related projects from development-of-regional-impact (DRI) review if the project is within three miles of a seaport.

If approved by the Governor, this bill will be effective upon becoming law.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s0682er.pdf

Commercial Motor Vehicles

SB 2296 provides that the definition of “commercial motor vehicle” as used in Chapters 316, 320 and 322, F.S., does not include vehicles engaged in the occasional transportation of personal property to and from a closed-course motorsport facility, if the underlying activities are not undertaken for profit and corporate sponsorship is not involved. Vehicles meeting these requirements are exempt from commercial motor vehicle regulations and are treated as private-use vehicles for purposes of traffic-control regulations, vehicle registration laws and driver licensing requirements.

If approved by the Governor, the effective date of this bill is July 1, 2008.

Copy of the Enrolled/Enacted Bill:

http://www.flsenate.gov/data/session/2008/Senate/bills/billtext/pdf/s2296er.pdf

Bills That Did Not Pass During the 2008 Session

Business Regulation

• Crane Regulation – Requiring certification of cranes and crane operators (SB 1316/HB 609)
• Toilet Paper – Requiring public bathrooms to meet certain cleanliness standards and provide toilet paper (SB 386/HB 437)
• Online Internet Dating – Requiring online dating companies, like e-Harmony, to disclose to its paying subscribers whether or not they require background checks (SB 1536/HB 354)

Education

• Class Size – Giving schools more flexibility to meet class-size requirements (HB 7043/SB 1756)
• Evolution – Requiring teachers to present critical analysis of evolution theory (HB 1483) and protecting teachers who present critical views on evolution theory (SB 2692)
• Degreed Teachers – Requiring prekindergarten classrooms to have a degreed teacher (SB 702/HB 741)
• 65 Percent Requirement – Requiring schools to spend at least 65 percent of the operating budget in classrooms (HB 1463); legislation failed but the proposal was put on the November ballot by the Florida Tax & Budget Reform Commission
• Baggy Pants – Banning students from exposing below-the-waist underwear in public schools (SB 302/HB 335)
• University Governance – Asking voters to shrink the size and scope of universities’ governing board, clarifying that the Legislature would set universities’ tuition; and reinstating an elected Education Commissioner (SJR 2308)
• Charter Schools – Increasing standards for financial management and establishing anti-nepotism rules (SB 1652/HB 1301)

Elections

• Public Campaign Financing – Ending public financing for qualified statewide candidates (SJR 956/HJR 277)
• Open Primary Elections – Opening up primary elections to all voters when all major party candidates are from the same party regardless of write-in candidates (SB 2776)

Energy/Environment

• Growth Management – Creating a “citizen’s bill of rights,” which, among other things, would limit changes to comprehensive plans; restricting impact fees (by revising the burden of proof); and preempting local referenda on land use changes (so-called “little hometown democracies”) (SB 474/HB 7129)
• Recycling – Requiring airports and state agencies to recycle (SB 692/HB 301)
• Aggregate Mining – Requiring a super majority vote by local government board to deny approval of a construction aggregate materials mining site and providing for final determination by the Governor and Cabinet if the local government does not approve or deny the application after two meetings or three months (SB 774/SB 2406)
• Expedited Permitting – Requiring DEP and Water Management Districts to adopt programs to expedite processing permits for economic development projects, including a timeframe for approval or denial (HB 147/SB 402)
• Land Development/Enclaves – Creating rebuttable presumption that land defined as an agricultural enclave is presumed to be consistent with land uses, densities and intensities of areas that surround the agricultural parcel for purposes of future development (SB 2246/HB 1173)
• Vox Populi/Voice of the People – Providing for opportunities for public input at public meetings and requiring that local governments set aside time for public comment (HB 991/SB 2276)

Gambling

• Video Lottery Terminals – Allowing parimutuels to add VLTs (SB 1380)
• Quarter Horse Racing – Exempting current permit applicants from more stringent regulations (SB 604/HB 1009)

Local Government

• Property Appraisers – Requiring that private land owned by elected county property appraisers be assessed for tax purposes by a non-related appraiser (HB 127)
• State Retirement Double-Dipping – Limiting when state pensioners can also draw a state salary (SB 2848)
• Road Paving – Opening more maintenance contracts to private contractors (HB 683)

Health Care

• Abortion – Requiring women seeking a first-trimester abortion to have an ultrasound and be offered an explanation of the images (SB 2400/HB 257)
• Alzheimer’s Center – Moving Johnnie B. Byrd Sr. Alzheimer’s Center & Research Institute under USF (SB 1080/HB 5089 )
• Mental Health Parity – Mandating health insurance benefits for mental illnesses (HB 19/SB 164)

Immigration

• Status Verification – Requiring government programs or employers to verify immigrants’ status or report undocumented workers (HB 73, HB 159, HB 571, HB 821, HB 1247 and various Senate companion bills)
• Deportation – Allowing jailed undocumented immigrants to be deported after serving half their sentence (HB 577/SB 540)

Taxes

• School Supplies Sales Tax Holiday – Providing a one-week tax break on certain back-to-school supplies (HB 893/SB 2094)
• Gas Tax Cut – Reducing gas taxes for a two-week period this summer (SB 1838)
• Hurricane Sales Tax Holiday – Providing a 12-day tax break on hurricane preparedness items such as batteries (SB 86/HB 111)
• Internet Tax – Laying the groundwork to join multistate compact to collect tax on Internet sales (SB 962/HB 1393)
• Corporate Income Tax – Closing a loophole allowing multistate companies to avoid taxes by shifting income to subsidiaries elsewhere (SB 2766/HB 1237)
• Strip-Club Tax – Adding a $1 surcharge to strip club admissions to help low-income nursing home residents (HB 751)
• Doc Stamp “Fix” – Closing a so-called loophole in the documentary stamp tax on deeds (HB 599/SB 2040)
• Streamlined Sales Tax – (SB 962/HB 1393)
• Water’s Edge Unitary Tax – Applying a unitary method for corporate income tax (SB 2766/HB 1237)
• DOR Package – Department of Revenue’s annual tax administration package (SB 2788/HB 7147)
• Cigarette Tax – Increasing by $1 the tax on a pack of cigarettes (SB 2790/HB 299)

Transportation

• Alligator Alley – Leasing the South Florida highway to Lawton Chiles Endowment Fund in order to generate $500 million for road construction (SB 1978)
• Cellular Telephones – Prohibiting cell phone use for those younger than 18 while driving (SB 504/HB 193)
• CSX Railroad – Providing immunity from liability to CSX in order in exchange for a $650-million deal for commuter rail in Orlando (SB 1978/HB 1399)
• Toll Hikes – Increasing Florida Turnpike tolls by 25 percent (SB 1978)

Miscellaneous

• Anatomical Parts – Easing restrictions of the transport of plastinated bodies by museums for educational purposes (SB 728)
• “I Believe” License Plate – Creating a specialty tag for license plates (HB 401/SB 2010)
• Toxic Toys – Banning the manufacture, distribution and sale of toys that contain toxic substances (SB 886)

Florida Government Advocacy Team

Braulio L. Baez is a senior counsel with the Public Policy and Regulation Practice Group. His practice focuses on regulatory and policy matters concerning the electric, telecommunications, and water and wastewater industries. Mr. Baez was appointed to the Florida Public Service Commission (FPSC) by Governor Jeb Bush and, as a member of the FPSC, was responsible for regulation of the state’s $17 billion, investor-owned utility industry, which includes electric and natural gas companies, local and long-distance telephone companies, and privately owned, non-exempt water and wastewater companies. Mr. Baez served as chairman of the FPSC from 2003 to 2005. (Miami)
305.789.7734 • braulio.baez@hklaw.com


Martha W. Barnett is a partner in the firm’s Public Policy and Regulation Practice Group. Ms. Barnett practices in the area of governmental law and regularly represents clients before executive agencies and the Florida Legislature. Ms. Barnett is a current member of the Taxation & Budget Reform Commission; she previously chaired the Florida Commission on Ethics and was a member of the 1997-1998 Constitution Revision Commission. Ms. Barnett is a past president of the American Bar Association. She currently serves on the Board of Directors of the Florida Chamber of Commerce and on the Executive Committee of Florida TaxWatch. She is a former member of Holland & Knight’s Directors Committee. (Tallahassee)
850.425.5620 • martha.barnett@hklaw.com


Garrett R. Blanton* is a public policy advisor in the firm’s Public Policy and Regulation Practice Group. A lifelong resident of Tallahassee, Mr. Blanton has strong ties to the community and to state government. He has held policy-level positions with two state agencies during periods of significant change in their missions, operations and structures. Mr. Blanton has vast knowledge of the public sector, evolving state agency operations, and the protocols of communicating with the executive and legislative branches. (Tallahassee)
850.425.5691 • garrett.blanton@hklaw.com

Lawrence N. Curtin is the former executive partner of the firm’s Tallahassee office and is a member of the firm’s Public Policy and Regulation Practice Group. He is involved in all phases of environmental, public and administrative law, representing and counseling clients on a variety of matters, including permitting, enforcement, administrative and civil litigation. He has been active in the Legislature since 1984. He is listed in the 2007 editions of The Best Lawyers in America (guide) (10 years), Florida Trend’s Legal Elite (Florida Trend Magazine), and Chambers America’s Leading Business Lawyers (directory). He has served on the Board of Directors of Tallahassee Habitat for Humanity and is a former chairman of the Energy Law Committee of The Florida Bar. (Tallahassee)
850.425.5678 • larry.curtin@hklaw.com

Jim Davis joined Holland & Knight after serving as the U.S. Representative for Florida’s 11th Congressional District from 1996 to 2006. During his tenure, he was a member of the Committee on Energy and Commerce, the House Budget Committee and the Committee on Foreign Affairs. While on Energy and Commerce, Mr. Davis served on the Subcommittee on Oversight and Investigations. He was elected president of his freshman Congressional class, served as a senior whip for Congressman Steny Hoyer and served as a national co-chair of the New Democrat Coalition. Because of that, Mr. Davis worked very closely with members of the Blue Dog Coalition and New Democrat Coalition. He has extensive experience with energy and commerce-related issues. (Tampa)
813.227.6383 • jim.davis@hklaw.com

Frederick R. Dudley is a senior counsel in the firm’s Public Policy and Regulation Group. He is a Florida Bar Board Certified Construction lawyer with almost 40 years of experience in real estate practice, emphasizing construction liens, licensing and disciplinary cases. He served 16 years in the Florida Legislature, retiring from the Florida Senate in 1998, where he chaired the Senate Judiciary Committee. As a legislator, Mr. Dudley chaired the study group that re-wrote Florida’s Construction Lien laws (Chapter 713), and successfully sponsored every statutory change thereto from 1990 to 1998. As a legislative advocate for the past seven years, he has continued to draft most of the state laws governing contracting activities in Florida, representing such groups as Florida Home Builders Association, Aluminum Association of Florida and Florida Swimming Pool Association. (Tallahassee)
850.425.5668 • fred.dudley@hklaw.com

Patricia Greene* is a public affairs advisor in the firm’s Public Policy and Regulation Practice Group and serves as treasurer of Holland & Knight’s Committee of Continuous Existence, one of the firm’s political action committees. Ms. Greene represents clients before the legislative and executive branches of government, in addition to coordinating a multitude of legislative and political activities for the team. She has been active in the legislative process since 1981 and prior to joining the firm worked as a legislative analyst for various committees of the Florida House of Representatives, including the Rules & Calendar Committee and in the Legislative and Cabinet Affairs Offices of the former Department of Banking & Finance. (Tallahassee)
850.425.5604 • patricia.greene@hklaw.com

Clay Henderson practices in the firm’s Public Policy and Regulation Practice Group in the areas of environmental law, land use and Smart Growth. Mr. Henderson represents public agencies, large private landowners and conservation organizations. He has extensive experience in conservation land acquisition and planning and has negotiated the acquisition of over 250,000 acres of lands now part of national and state parks and preserves. Mr. Henderson has long been associated with environmental policy in Florida. Prior to joining the firm, he was president of the Florida Audubon Society, the state’s oldest and largest conservation organization. He served on the Florida Constitution Revision Commission and sponsored the Conservation Amendments, which were ratified by Florida’s voters in 1998. (Orlando)
407.244.1103 • clay.henderson@hklaw.com

Curt Kiser is a partner in the firm’s Public Policy and Regulation Practice Group. Mr. Kiser is a 20-year veteran of the Legislature, having served 10 years in the Florida House of Representatives and 10 years in the Florida Senate. He is a former House Republican Leader and candidate for Lieutenant Governor. His practice focuses on administrative, environmental and local government law. He received numerous awards as a member of the Legislature. Mr. Kiser chaired Florida’s Long Term Care Commission, Sesquicentennial Commission and the Everglades Commission created by Governor Jeb Bush. (Tallahassee)
850.425.5632 • curt.kiser@hklaw.com

Karl Koch* is a senior policy advisor who brings significant experience in both federal and state governments, including the executive and legislative branches, as well as the private sector. Mr. Koch’s career in public service began in 1988 with his work for former U.S. Representative Buddy MacKay. In the 1990s, he worked on both campaigns for the late Gov. Lawton Chiles and served as chief of staff to Lt. Governor Buddy MacKay. Mr. Koch gained national exposure as the Florida director for the Clinton/Gore presidential reelection campaign in 1996. From 1997-2002 he served as vice-president and principal of Dewey Square Group, a national public affairs firm, before serving as chief of staff to U.S. Rep. Jim Davis. (Tampa)
813.227.6473 • karl.koch@hklaw.com

Bob Martinez* joined Holland & Knight as a senior policy advisor after serving as Florida’s 40th governor from 1987-1991. Prior to serving as governor, he served as the mayor of Tampa from 1979-1986. Governor Martinez was Florida’s first American governor of Cuban descent. During his tenure as governor, he focused on environmental protection programs and additional protections for Florida’s surface waters. He aggressively sought to eliminate wasteful spending projects sponsored by members of the legislature, and increased spending on the state’s drug control programs. Governor Martinez co-chairs the firm’s Florida Government Advocacy Team. (Tampa)
813.227.6308 • bob.martinez@hklaw.com

D. Bruce May, Jr. chairs the firm’s Energy Team. He practices extensively before the Florida Public Service Commission and other agencies and courts on matters involving electric and gas regulation, independent power production, municipal utility regulation, telecommunications regulation, and water and wastewater regulation. Mr. May is active in legislative matters involving public utility, energy and telecommunication issues. (Tallahassee)
850.425.5607 • bruce.may@hklaw.com

Mia McKown is a senior counsel in the firm’s Public Policy and Regulation Group. She practices in the areas of administrative law and legislative and governmental affairs. She has more than 16 years’ experience in the agribusiness, banking and insurance industries, including serving as general counsel for the Florida Department of Citrus from 2000-2002. (Tallahassee)
850.425.5663 • mia.mckown@hklaw.com

Virginia D. “Ginny” Myrick* is a senior policy advisor on government relations with a focus on local government. In particular, her practice focuses on land use, residential and large scale commercial development, downtown redevelopment, legislative issues, particularly water policy and environmentally sensitive land issues and government incentives for corporate relocations and expansions. She has also represented several of the largest underground utility rehabilitation companies in North America and has specific experience in county government in Florida. (Jacksonville)
904.798.7212 • ginny.myrick@hklaw.com

Richard Perez has extensive experience in governmental transactions, including procurement matters, public-private joint ventures, and land use and zoning. Prior to joining Holland & Knight, Mr. Perez served as general counsel to the Florida Department of State. (Miami)
305.789.7630 • richard.perez@hklaw.com

Larry Sellers is a partner in the firm’s Public Policy and Regulation Practice Group. Mr. Sellers practices environmental and administrative law. He has represented clients before the Florida Legislature since 1985 and has represented clients in administrative licensing, enforcement, and rulemaking matters since 1980. Mr. Sellers is a past chair of The Florida Bar Environmental & Land Use Law Section and a former chair of the Florida Chamber’s Environmental and Growth Management Committee. He is a past president of the Tallahassee Bar Association and a current member of The Florida Bar Board of Governors. Mr. Sellers is listed in the 2007 editions of The Best Lawyers in America (guide), Florida Trend’s Legal Elite (Florida Trend Magazine), and Chambers America’s Leading Business Lawyers (directory). (Tallahassee)
850.425.5670 • larry.sellers@hklaw.com

Roger W. Sims chairs the firm’s Water Team and practices in the areas of water resources, environmental, and land use law. He deals with many governmental agencies on a regular basis, including the state’s Water Management Districts, the Florida Department of Environmental Protection, and the Florida Department of Community Affairs, as well as the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service. Mr. Sims has practiced before water regulators for over 20 years and served on an ad hoc rule development committee for surface water matters at St. Johns River Water Management District. He served as chairman of the Environmental and Land Use Law Section of The Florida Bar in 1988-89. Mr. Sims was named to the 2007 Florida Super Lawyers
(publication). (Orlando)
407.244.5107 • roger.sims@hklaw.com

Karen D. Walker is executive partner of the firm’s Tallahassee office and is co-chair of the firm’s Florida Government Advocacy Team. Her practice encompasses all aspects of Florida administrative law, and she has particular experience in Florida state and local procurement matters and public utility law. She practices before the Florida Division of Administrative Hearings, various state agencies, local governments, and trial and appellate courts. (Tallahassee) 850.425.5612 • karen.walker@hklaw.com



* Not a member of The Florida Bar

Related Practices

• Public Policy & Regulation