The Political Whore

By Jim Johnson
PoHo Contributor

Jim Johnson is the creator of The State of Sunshine blog.

Today is the 56th day of the 2009 Legislative session.

The last week of the 2009 Regular Legislative Session has arrived. The House and Senate are meeting in Session today to consider passage of bills that have completed the committee process. Bills heard “on the Floor” are on first placed on a “Special Order Calendar” where they are read (for the second time), debated, and amended. Bills taken up on Special Order move to “3rd reading.” The Florida Constitution requires bills to be read three times before a chamber can pass the bill.

Here are the highlights from their Calendars:

Florida House of Representatives

The House will meet in session to consider passage of bills that have completed the committee process. Some of the bills to be heard today are:

Third Reading:

• House Joint Resolution 1013 by Rep. Adam Hasner — the “Save Our Secret Ballot” amendment — This bill proposes to amend the Florida Constitution to provide that any voting for, among other things, “designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed.” The same language is being proposed in state legislatures across the country. [This bill will not be debated until Monday.]
• House Bill 1295 by Rep. Rich Glorioso — The bill would repeal the requirement that a portion of appropriations for new state buildings are used for art.
• House Bill 7099, a committee bill by the Insurance, Business & Financial Affairs Policy Committee — The bill implements federal requirements that all states have a system of licensure meeting national definitions and minimum standards for mortgage loan originators. These federal standards include greater accountability and regulation of loan originators and enhance consumer protections. The bill establishes regulatory requirements for individuals, rather than businesses, licensed or registered as mortgage brokers and lenders, collectively known as loan originators. The bill also fulfills the requirement that states participate in a national licensing registry.
• House Bill 443 by Rep. Rachel Burgin — The bill transfers the Johhnie B. Byrd, Sr., Alzheimer’s Center and Research Institute from an independent center to the University of South Florida.
• House Bill 1055 by Rep. Jennifer Carroll — The bill provides that when the private corporation contracts with DOT to design, build, operate, own, or finance a transportation facility, the transportation facility will be treated, for property tax purposes as a government entity. The transportation facility will also be exempt from intangible tax and special assessments. While corporation will be exempt from documentary stamp tax on all documents or obligations to pay money that arise of the agreement with DOT, it will still have to pay corporate income tax, unemployment compensation taxes, and sales tax.
• House Bill 167 by Rep. Joseph Abruzzo — The bill creates a sales tax holiday for specific energy efficient appliances. From July 20-28, sales tax will not be collected on the first $1,500 of the selling price of a new energy-efficient product purchased for noncommercial home or personal use.
• House Joint Resolution 7057, a committee bill by Military & Local Affairs Policy Committee — This bill proposes an amendment to reduce the limit on annual increases on in assessments of nonhomestead property from a 10 percent increase per year to 5 percent. (The 10 percent cap was introduced by Amendment 1 in 2008.)
• House Bill 483 by Rep. Tom Grady — The bill would let the Office of Statewide Prosecutor go after those who allegedly violate the Florida Money Laundering Act and the Florida Securities and Investor Protection Act.
• House Bill 439 by Rep. Ron Reagan — The bill sets statewide standards for the use of cameras at intersections to capture license plates of those who run red lights. Currently, a number of local governments have approved the cameras, but with varying standards.
• House Joint Resolution 81 by Rep. Alan Hayes — The bill proposes an amendment to the Florida Constitution to repeal Florida’s public campaign finance laws. The law gives some statewide candidates matching dollars if they agree to overall spending limits. State expenditures for the past four statewide election cycles have been: in excess of $11 million for 2006; $5.2 million for 2002; $915,000 for 2000; and $4.6 million for 1998.
• House Bill 425 by Rep. Scott Plakon — The bill makes a number of changes in the Department of Business and Professional Regulation, including:
  • Specifying that the Florida State Boxing Commission must approve the sanctioning organization for amateur mixed martial arts events, and
  • Establishing procedures that give a restaurant owner the discretion, with local approval by ordinance, to allow patrons to bring their dogs onto outside patio eating areas
• House Bill 1375 by Rep. Jim Frishe — This bill requires a municipality who wishes to annex part of Tierra Verde to annex the entire island, subject to a referendum. Late last year, the City of St. Petersburg annexed 28.32 acres of commercial property on the northern tip of the Tierra Verde. This bill would prevent such actions without taking the whole island.
• House Bill 485 by Rep. Will Weatherford — The New Markets Development Program will encourage capital investment in low-income communities in rural and urban areas by allowing state taxpayers to earn credits applicable against specified state taxes by investing in community development entities that make qualified low-income community investments in qualified active 64 low-income community businesses that create jobs.
• House Bill 611 by Rep. Dorothy Hukill — This bill would require local governments who want to repair public buildings (or other public works) to use outside labor, or prove that county/city employees are cheaper than the lowest bid. (Simple maintenance is excluded).
• House Bill 7159, a committee bill by the Finance & Tax Council — This bill repeals a number of sales tax exemptions, as well as creating a three-day “Back-to-School” sales tax holiday on clothing and school supplies and a three-day hurricane preparedness sales tax holiday. The revenue lost from the sales tax holidays is offset by the revenue collected from the repeal of exemptions.
• House Joint Resolution 385 by Rep. David Rivera — This bill would limit the total aggregate ad valorem taxes levied by counties, municipalities, school districts, and special districts on any parcel of real property to 1.35 percent of the highest taxable value of the property.
• House Bill 7091, a committee bill by the Economic Development & Community Affairs Policy Council (EDCA) — The bill creates a mechanism to coordinate a statewide effort to promote the efficient and effective deployment of broadband Internet service throughout Florida.

Special Order Calendar:
There will be no more Special Order Calendars because of House Rules. After the 55th day (April 26) of regular session, no House bills on second reading may be taken up and considered by the House.

Florida Senate

Interesting Note: While the House was scheduled to start at 9:00am, the Senate was not starting until 1 p.m. This Senate has completed most of it’s policy bills, while the House is a bit behind.

The Senate will meet in session to consider passage of bills that have completed the committee process. Some of the bills to be heard today are:

Third Reading:

• Senate Bill 762 by Sen. Ken Pruitt — The bill will permit all eleven state university to utilize differential tuition, which allows the individual universities to exceed the tuition set by the Legislature by no more than 15 percent. The extra tuition dollars must enhance undergraduate education and provide additional need-based financial aid. It also limits the total tuition and fees after differential to the national average of public universities. Some students will not have to pay this additional tuition, including students on pre-paid programs or who were enrolled prior to July 1, 2007.
• Senate Bill 582 by Sen. Carey Baker — This bill creates the Florida Transportation Revenue Study Commission to examine transportation needs and develop funding recommendations.
• Senate Bill 2210 by Sen. Frederica Wilson — The bill expands the “Charter County Transit System Surtax” to all 20 of Florida’s charter counties and renames it to the “Charter County Transportation System Surtax. This would allow the board of county commissioners of any charter county to propose a referendum asking the voters to approve a half-cent sales tax to pay for transportation and transit projects. Hillsborough County was previously included in the surtax but the Hillsborough County Commission has not taken advantage of this option.
• Senate Bill 216 by Sen. Charlie Justice — The bill would prevent local governments from spending tax dollars on issues before the voters — even for so called “voter education” measures — unless they are purely factual in nature.

Special Order Calendar:

• Senate Bill 1310 by Sen. Andy Gardiner — The bill expands the existing Corporate Income Tax Credit program for corporations who donate funds to private voucher programs. The bill allows corporations who collect and remit sales taxes, who makes estimated tax payments, and who makes an eligible contribution to an private voucher program is allowed a credit against any estimated sales tax payment.
• Senate Bill 234 by Sen. Don Gaetz – The bill clarifies that university boards of trustees are responsible for hiring and administering the university president, not the Board of Governors.
• Senate bill 448 by Sen. Nan Rich — The bill actually makes beastiality a crime. Apparently, despite the efforts of prosecutors in the State of Florida, persons who are actually caught in the act of sexual intercourse with an animal cannot generally be charged with or convicted of a sex-related crime — only animal cruelty.
• Senate Bill 2058 by Sen. J.D. Alexander — The bill expands the “Charter County Transit System Surtax” to all 20 of Florida’s charter counties and renames it to the “Charter County Transportation System Surtax. This would allow the board of county commissioners of any charter county to propose a referendum asking the voters to approve a half-cent sales tax to pay for transportation and transit projects. Hillsborough County was previously included in the surtax but the Hillsborough County Commission has not taken advantage of this option.
• Senate Bill 1978 by Sen. Alex Diaz de la Portilla — The bill requires school districts to spend at least 70 percent of a school’s budget on classroom instruction.
• Senate bill 2036 by Sen. Mike Bennett — This bill will allow property insurance companies to sell virtually unregulated residential property insurance on the open market, giving more choice and power to the consumers.

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