2011 Legislative Wrap Up

WRAP UP:  2011 Legislative Session

(Click here to view the complete list of FSA’s 2011 Legislative Priorities)

Report by Frank Messersmith, FSA Governmental Consultant

Despite a hectic and extended end of the 2011 legislative session, Florida Legislators concluded one of the most aggressive and far-reaching agendas in modern memory. For conservatives, it was a definite success even though some major issues did not ultimately pass.

For political junkies the 2011 session was a mix of politics and issues that was never dull. The elements were fit for a novel. Consider a newly elected Governor without political experience who did not owe anyone anything, a dismal economic picture requiring another budget cut of almost $4 billion, a Senate President announcing as a candidate for the U.S. Senate, statewide union unrest and activity, and a veto-proof, super majority of Republicans in both the House and the Senate.

With all those unusual moving pieces, when the session got started it was a world class roller coaster ride that had lobbyists and staffers alike considering other forms of employment.

THE CONSERVATIVE AGENDA…The 2011 Legislature took-up and passed many conservative issues, and attempted many other controversial issues such as immigration reform, budget cuts, abortion, and ObamaCare. Florida’s Republican Governor and Cabinet combined with a majority of like-minded Republicans in the Legislature controlled the agenda in the capitol in spite of a vocal Democrat minority that opposed many of the issues.

Unable to prevail in the legislative arena, a number of organizations, particularly unions, have taken to filing lawsuits to attempt to undo some of the major policy directives of the 2011 session. For example, the Florida Education Association (FEA), the state’s largest teachers’ union, filed suit over the pension reform bill requiring state workers to contribute financially to their pensions, as is the law in every other state. The FEA was joined by other public employee unions in this effort. It is expected that the FEA will also litigate against the recently passed teacher merit pay law and may also file suit over: changes in class-size restrictions, providing state resources through the faith-based initiatives in education; and the expansion of McKay Scholarships.

The Florida branch of the American Civil Liberties Union has filed suit against new legislation aimed at preventing voter fraud, claiming the legislation is really an effort to keep Democratic-leaning voters from voting.  The Brady Center to Prevent Gun Violence has also filed litigation to halt a new law that prohibits doctors from asking personal questions of young patients regarding whether there are guns in the patient’s home or not. A group of Florida doctors are also involved in the litigation.

FOCUS ON FRS REFORM…A major issue on the agenda was SB 2100 by the Senate Budget Committee and HB 1405 by Rep. Workman, the reform of the Florida Retirement System (FRS) championed by the Governor.

The legislation resulted in hundreds of people testifying in both House and Senate Committees dealing with the issue, and unions and union-supporting organizations protesting at the Capitol. When it was all said and done, the end result was not the sweeping reforms first announced when the bills were filed, although the entire state system was converted to an employee contributory system with all active FRS members contributing 3 percent to their retirement programs. However, the DROP program was maintained, the health care subsidy was kept and the defined benefit system was not eliminated.

Other retirement changes enacted included freezing the payment of Cost of Living Increases, and also increasing the age and time served, and redefining the calculation of retirement benefits for new employees being hired on or after July 1, 2011. Consequently, there is about a 20-year window to “adjust” those issues before they really have an affect.  In fact, Gov. Rick Scott and Legislative Leaders have already indicated their interest in changing the age and time served requirements in the 2012 session.

FRS retirees were not affected by any of the changes.

BUDGET BILL CONCERNS…A long-term concern as a result of the 2011 session involves the use of “conforming” budget bills, legislation that is initiated in one chamber or the other and usually has not been vetted through the normal committee process.  It is not unusual to have several such bills at the end of a session in order to make issues and funding match-up and accommodate the ending of the session.

This year, however, the Florida Legislature had 44 conforming bills, highly unusual and a factor of contention for a number of veteran legislators who complained in debate that they were opposed to “doing business like this.”  Conforming bills will surely be the substance of debate and discussion in the future in Florida.

BUSY SESSION FOR SHERIFFS…Regarding issues important to the Florida Sheriffs Association, we were tracking 397-filed bills for the Sheriffs, as well as the 44 budget, conforming bills that were added before the session ended. Of the 441 total bills, we were actively engaged on over 140 of them. With the over-whelming number of issues to track, it was not unusual for the FSA to have 10-15 issues of concern in four or five committees all meeting at the same time in both the House and the Senate.

FSA SUPPORT ISSUES…The FSA Impasse issue, HB 1031 by Rep. Frishe and SB 1098 by Sen. Hays failed this session for the same reason as the previous session...opposition by House leadership. In the Senate the bill was alive and well but to no avail due to the House.

HB 7095 by the House Health & Human Services Committee and SB 818 by Sen. Fasano, the Pill Mill bill, finally passed unanimously in the House after having difficulty and opposition in the early session.  Supported by the Sheriffs, Police Chiefs, prosecutors and many other organizations, the Pill Mill bill was also supported by the Governor and the Attorney General.

HB 343 by Rep. Metz and SB 622 by Sen. Hays was a Sheriff’s issue that would have required the same material reporting for Secondary metal dealers as is now required for pawn shops and Secondhand Dealers. The bill died in the House Committee when its last meeting schedule was cancelled.

HB 59 by Rep. Julien and SB 328 by Sen. Margolis, the FSA legislation to update Service of Process procedures, passed and was signed by the Governor. The legislation provides for electronic signatures, access to gated communities and the ability to sign only the first sheet of information on a lengthy information package.

HB 257 by Rep. Hooper and SB 490 by Sen. Jones, an effort to cap medical costs of County Jail inmates similar to the process in the state prison system, died in Committee in the House, despite moving well in the Senate.

HB 217 by Rep. Plakon and SB 576 by Sen. Oelrich was the effort to clarify that Internet Café operations are illegal gambling businesses.  The legislation passed its first Committee meeting but was not heard again. This issue involves big money and gambling interests, but there is a growing concern about such operations by members of the legislature.

MANY MORE ISSUES….As stated previously, the issues of significant concern were too many to detail in this report, but some of the more difficult and time-consuming issues are listed below:

HB 821 by Rep. Thurston and SB 1206 by Sen. Negron, the Innocence Commission legislation attempting to place eyewitness identification process rules in statute, died after strong opposition by Sheriffs, Police Chiefs and Prosecutors.

HB 1177 by Rep. Stafford and SB 144 by Sen. Smith was the legislation to establish prisoners 50 years of age as “elderly” and to allow them to be released from prison after serving only half their sentences. For the second year in a row we succeeded in killing this legislation.

HB 203 by Rep. Thurston and SB 460 by Sen. Hill would have eliminated “fleeing” as a component for charging someone with resisting arrest.  The bill died in Committee with a little help from the Sheriffs.

HB 39 by Rep. Adkins and SB 204 by Sen. Wise added “spice” and other synthetic marijuana products to the statute for prohibited drugs. The legislation passed and was signed by the Governor.

HB 517 by Rep. Dorworth and SB 234 by Sen. Evers was the NRA proposal to allow concealed weapons permit holders to openly carry sidearms. The issue was strongly opposed by the Sheriffs and ultimately was amended to provide protections from arrest for concealed permit holders who accidentally or inadvertently expose their weapons in public. The Governor signed the bill.

HB 283 by Rep. Young and SB 426 by Sen. Latvala, passed and signed into law by the Governor, consolidated the personal identification card issue for people working at Florida Ports by eliminating the requirement for a Florida ID and, instead, utilizing the federally required ID.

HB 563 by Rep. Mia Jones and SB 438 by Sen. Hill added circumstances necessary for protective injunctions in dating situations similar to existing law for other protective injunctions.  The Sheriffs supported this issue also and it is now law.

HB 575 by Rep. Caldwell and SB 844 by Sen. Benacquisto, and supported by the Sheriffs, was legislation known as the "Officer Andrew Widman Act" and would give judges more discretion to order the arrest of offenders who are violating terms of their probation. A man who had been recently released on probation, but who was allowed to post bond when he was charged with a new crime killed Widman in 2008.

AND MORE ISSUES…

SB 666 by Sen. Jeremy Ring would have created a new Department of Gaming Control and would have allowed that Department to make a determination as to whether particular gambling business practices are legal or not, and then would hold a person harmless from arrest and prosecution if they opened a business based upon the opinion.  The Sheriffs opposed this legislation, which died.

HB 4087 by Rep. Corcoran and SB 672 by Sen. Garcia, which the Sheriffs opposed, would have repealed current law that authorizes local government to utilize cameras to control busy intersections from persons who run red lights. The bill died in the Committee.

HB 779 by Rep. Reed and SB 1086 by Hill provides rules and process for utilization of restraints on incarcerated pregnant women. Initially the Sheriffs opposed this legislation, but it was amended to apply only to the immediate time of giving birth and recovery, and consequently the Sheriffs were neutral on the bill that ultimately died on the calendar.

HB 77 by Rep. Abruzzo and SB 812 by Sen. Diaz de la Portilla would have legalized Internet Poker.  The Sheriffs opposed this issue and it died in Committee on a tie vote.

HB 1021 by Rep. Dorworth and SB 830 by Sen. Thrasher was a bill that prohibited state and local agencies from deducting from employee wages funds for political activity. It also prohibited labor organizations from collecting dues, assessments, fines, or penalties for the purposes of political activity without written authorization, and required labor organizations to provide notice of such contributions and expenditures.  The Sheriffs were neutral on this issue that died in Committee.

SB 1334 by Sen. Bogdanoff was strongly opposed by the Sheriffs as it proposed to eliminate minimum mandatory sentences for drug traffickers, and also allowed certain prisoners to be released after serving only half of their sentences. A possible companion bill, HB 917 by Rep. Porth, contained only the early release provision, but the FSA opposed it also, and both bills died in Committee.

HB 997 by Rep. Pilon and SB 1300 by Sen. Storms, that passed and was supported by the Sheriffs, requires DJJ to encourage and support civil citation and similar diversion programs for first time juvenile misdemeanor offenders.

HB 1353 by Rep. Albritton and SB 1150 by Latvala were the major “clean-up” bills for the DHSMV but the Sen. Latvala attempted all session to add language that would have prohibited law enforcement officers from issuing speeding violations without the use of electronic metering equipment. Rep. Albritton opposed the amendment with the support of the Sheriffs, and the legislation ultimately died on calendar at the end of session.

HB 1369 by Rep. Grant and SB 1402 by Sen. Smith would have allowed criminals to be able to continuously expunge their criminal records and be able to legally deny previous arrests. Present law allows for only one such expunction.  The Sheriffs opposed this legislation again this session and it died again this session.

HB 1415 by Rep. Fresen and SB 2050 by Sen. Braynon proposed to expand casino gambling statewide by allowing for the creation of five or more casino destination resorts. The Sheriffs opposed this issue and it died on a tie-vote in Committee.

SB 1434 by Sen. Latvala merged the FDOT Office of Motor Carrier Compliance with the FHP and also created a Study Group to examine the possibility of consolidating all state Agency law enforcement sections. While the bill actually died, the provisions of the legislation passed in one of the conforming budget bills.  Sen. Latvala added the Sheriffs to the Study Group at our request.

HB 1297 by Rep. Thurston and SB 1534 by Sen. Smith would provide for the automatic sealing of all Juvenile records upon the completion of a sentence.  The Sheriffs opposed this issue and it died in Committee.

HB 291 by Rep. Artiles and SB 426 by Sen. Latvala would have allowed private process servers to post Writs of Possession for evictions.  The Sheriffs opposed this effort and the bill died in Committee.

LEGISLATION FOR THE BIGGER PICTURE…Beyond the issues immediately affecting the Sheriffs, for a glimpse of the broader issues that passed the Florida Legislature in the 2011 session, see the list below that was assembled by the Senate Majority Office:

2011-2012 State Budget…

While focusing on protecting critical services under a more efficient government, Legislators upheld their commitment to not raise taxes and fees. They agreed upon a $69.7 billion budget with more than $300 million in tax relief measures, including the August school supply sales tax holiday and $30 million in tax breaks for Florida’s small businesses. In addition, the budget includes a $2.7 billion cut in annualized recurring general revenue and trust funds.

Educating Florida’s Children…

- Student Success Act: SB 736 rewards teachers who help students make learning gains by giving student success a more important role in the evaluation process.

- Charter Schools: SB 1546 creates and facilitates the development and expansion of high-performing charter schools and high-performing charter school systems.

- Florida Tax Credit Scholarships: SB 1388 allows more students to enjoy tax credit scholarship benefits and allows more businesses to participate in the program.

- Expansion of Digital Learning: SB 1620 increases the availability of digital learning options for children in grades kindergarten through 12 in Florida.

- Class Size Requirements: SB 2120 provides flexibility for school districts to implement class size requirements when additional students enroll in a school after the October survey and for grades 4 through 8 students who take high school courses. The bill also authorizes school districts to establish pilot digital instructional materials schools.

- School Choice: SB 1546 establishes criteria for high-performing charter schools and authorizes a high-performing charter school to increase enrollment, expand grade levels served, submit a quarterly financial statement, consolidate the charters of certain charter schools and receive certain modification or renewal of its charter.

Government Reform and Accountability…

- Smart Cap: Senate Joint Resolution 958 replaces Florida’s existing revenue limitation with a more effective spending cap, ensuring fiscal responsibility when spending taxpayer dollars.

- Pension Reform: SB 1128 helps ensure the long-term viability of local government employees’ pensions.

- Elections Reform: SB 2086 streamlines the voter registration process and tightens regulations surrounding third-party groups to ensure voter fraud is kept to a minimum.

Honoring Veterans…

- Property Tax Exemptions: SB 1502 states that on the days Florida’s military men and women are defending freedoms overseas, they should not have to pay property taxes.

- Property Tax Exemptions: SB 592 amends the State Constitution to extend homestead property tax discounts to veterans.

Preserving Freedoms…

- Health Care Freedom Act: Joint Resolution 2 takes a stand against the intrusion of the federal Patient Protection and Affordable Care Act and its threats to state sovereignty. It defends Floridians’ freedoms to decide what is best for their families.

- Federal Balanced Budget Act: Concurrent Resolution 4 calls for a federal constitutional convention to place a proposed balanced budget amendment in the U.S. Constitution.

- 2nd Amendment Rights: allows for reasonable concealed carry of a weapon with the proper license, and SB 432 prevents doctors from infringing upon parents’ privacy rights by asking them if they possess a weapon at home. SB 402 prevents local governments from making their own gun laws, and creates a uniform system throughout the state.

- Religious Freedom Act: Joint Resolution 1218, if approved by voters, would allow individuals the choice to participate in public programs through a religious provider.

Protecting Florida’s Consumers…

- Property Insurance Reform: SB 408 is a comprehensive effort to help Florida reduce fraud, increase competition and create a sound, solvent insurance industry.

- Medical Malpractice: SB 1590 requires that out-of-state expert witnesses providing medical testimony obtain a certificate from the Department of Health to ensure accurate testimony and allows for the discipline of those who give deceptive testimony.

- Crashworthiness: SB 142 is a common-sense tort reform initiative that allows the jury to hear the full story of what led to an automobile accident.

- Homestead/Non-homestead Property: Joint Resolution 658 prohibits increases in the assessed value of a homestead property in any year when the market value of the property decreases.

- Silver Alert: SB 664 sets out to give law enforcement more tools to find missing and aging persons.

Quality Healthcare Reforms…

- Medicaid Reform: SB 1972 resulted in a plan that will help transform the current system into one that is more sustainable and patient-centered.

- Sovereign Immunity: SB 626 recognizes that teaching hospitals are instrumentalities of the state, therefore subject to sovereign immunity.

Restoring Florida’s Economy…

- Oil Spill Recovery Act: SB 248 promotes economic revitalization following the consequences of the Deepwater Horizon Oil Spill and the perceptions it caused.

- Unemployment Compensation: SB 728 will provide relief to employers by weeding out individuals taking undue advantage of the system and provide relief to the unemployed by offering additional assistance to help them get back to work.

- Qualified Target Industries: SB1318 enhances incentives businesses can receive for moving to Florida.

Defending Life…

- Parental Notification: SB 1770 ensures that parents are notified of a minor’s decision to have an abortion.

- Ultrasounds: SB 1744 ensures that mothers considering abortions have ultrasound opportunities so families can make fully informed decisions.

- Public Funding of Abortions: SB 1414 and 1538 help prevent public dollars from funding elective abortions.