2009 Bill Detail Primary Sponsor Short Title CS/CS/HB 333 --------------General Bill --------------Off-Highway Vehicles Economic Off-Highway Development & Vehicles Community Affairs Policy Council, Roads, Bridges & Ports Policy Committee, Workman Page 1 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HB 675 General Government Medicare --------------Policy Council, Health Supplement General Bill & Family Services Policies --------------Policy Council, General Workman Government Policy Council, Health & Family Services Policy Council, Workman --------------Medicare Supplement Policies 2010 Page 2 of 78 Bill Detail Primary Sponsor Short Title Bill Detail Primary Sponsor Short Title HB 9 Bernard, Workman, --------------Horner Claims/General Bill --------------Bernard, Workman, Horner --------------Relief/Stephen Hall/DOT Relief/Stephen Hall/DOT Page 3 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HJR 37 Rules & Calendar Health Care --------------Council, Health Care Services Joint Resolution Regulation Policy --------------Committee, Plakon, Rules & Workman, Ray, Calendar Adams Council, Health Care Regulation Policy Committee, Plakon, Workman, Ray, Adams --------------Health Care Services Page 4 of 78 Bill Detail Primary Sponsor Short Title CS/HM 253 --------------Memorial --------------Economic Development & Community Affairs Policy Council, Workman --------------Space Shuttle Orbiter Retirement Economic Development & Community Affairs Policy Council, Workman Space Shuttle Orbiter Retirement Page 5 of 78 Bill Detail Primary Sponsor CS/CS/CS/HB General Government 713 Policy Council, --------------Government General Bill Operations --------------Appropriations General Committee, Government Insurance, Business Policy Council, & Financial Affairs Government Policy Committee, Operations Workman Appropriations Committee, Insurance, Business & Financial Affairs Policy Committee, Workman --------------Department of Business and Professional Regulation Short Title Department of Business and Professional Regulation Page 6 of 78 Bill Detail Primary Sponsor HB 1053 Workman --------------Local Bill --------------Workman --------------MelbourneTillman Water Control District, Brevard County Short Title MelbourneTillman Water Control District, Brevard County Page 7 of 78 Bill Detail Primary Sponsor CS/HB 1281 Insurance, Business --------------& Financial Affairs General Bill Policy Committee, --------------Workman Insurance, Business & Financial Affairs Policy Committee, Workman --------------Loan Origination Short Title Loan Origination Page 8 of 78 Bill Detail Primary Sponsor HB 1625 Workman --------------Local Bill --------------Workman --------------Brevard County Short Title Brevard County Page 9 of 78 Bill Detail Primary Sponsor HB 7017 Insurance, Business --------------& Financial Affairs General Bill Policy Committee, --------------Workman Insurance, Business & Financial Affairs Policy Committee, Workman --------------Pub. Rec./Credit History Information and Credit Scores/OFR Short Title Pub. Rec./Credit History Information and Credit Scores/OFR Page 10 of 78 Bill Detail Primary Sponsor HB 7019 Insurance, Business --------------& Financial Affairs General Bill Policy Committee, --------------Workman Insurance, Business & Financial Affairs Policy Committee, Workman --------------Trust Funds/Creation/ Mortgage Guaranty Trust Fund/Office of Financial Regulation Short Title Trust Funds/Creation/M ortgage Guaranty Trust Fund/Office of Financial Regulation 2011 Bill Detail Primary Sponsor Short Title Page 11 of 78 Bill Detail Primary Sponsor Short Title CS/HB 143 --------------General Bill --------------Economic Development & Tourism Subcommittee, Workman --------------Economic Development Economic Development & Tourism Subcommittee, Workman Economic Development Page 12 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HB 823 --------------General Bill --------------Government Operations Appropriations Subcommittee, Insurance & Banking Subcommittee, Workman --------------Loan Processing Government Loan Processing Operations Appropriations Subcommittee, Insurance & Banking Subcommittee, Workman Page 13 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HB 1405 --------------General Bill --------------State Affairs Committee, Government Operations Subcommittee, Workman --------------Retirement State Affairs Committee, Government Operations Subcommittee, Workman Retirement Page 14 of 78 Bill Detail Primary Sponsor Short Title CS/HB 1463 --------------General Bill --------------Health & Human Services Committee, Hudson, Workman --------------Crisis Stabilization Units Health & Human Crisis Services Committee, Stabilization Units Hudson, Workman HB 4009 --------------General Bill --------------Workman --------------Outdoor Theaters Workman Outdoor Theaters Page 15 of 78 Bill Detail Primary Sponsor HB 4019 Workman --------------General Bill --------------Workman --------------Traffic Offenses Short Title Traffic Offenses Page 16 of 78 Bill Detail Primary Sponsor Short Title HB 7001 --------------General Bill --------------Community & Military Affairs Subcommittee, Workman --------------Growth Management Community & Military Affairs Subcommittee, Workman Growth Management Page 17 of 78 Bill Detail Primary Sponsor Short Title HB 7003 --------------General Bill --------------Community & Military Affairs Subcommittee, Workman --------------Affordable Housing Community & Military Affairs Subcommittee, Workman Affordable Housing Primary Sponsor Short Title 2012 Bill Detail Page 18 of 78 Bill Detail Primary Sponsor Short Title HB 97 --------------General Bill --------------Workman --------------Spaceport Facilities Workman Spaceport Facilities Page 19 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HB 525 --------------General Bill --------------Appropriations Committee, Government Operations Subcommittee, Workman --------------State Retirement Appropriations Committee, Government Operations Subcommittee, Workman State Retirement Page 20 of 78 Bill Detail Primary Sponsor Short Title CS/CS/HB 937 --------------General Bill --------------Economic Affairs Committee, State Affairs Committee, Workman --------------Legal Notices Economic Affairs Committee, State Affairs Committee, Workman Legal Notices Page 21 of 78 Bill Detail Primary Sponsor Short Title HB 4017 --------------General Bill --------------Workman --------------Bicycle Regulations Workman Bicycle Regulations Page 22 of 78 Bill Detail Primary Sponsor Short Title HB 7075 --------------General Bill --------------Community & Military Affairs Subcommittee, Workman --------------Military Installations Community & Military Affairs Subcommittee, Workman Military Installations Page 23 of 78 Bill Detail Primary Sponsor Short Title CS/HB 7081 --------------General Bill --------------Economic Affairs Committee, Community & Military Affairs Subcommittee, Workman --------------Growth Management Economic Affairs Committee, Community & Military Affairs Subcommittee, Workman Growth Management Page 24 of 78 Bill Detail Primary Sponsor Short Title HB 7087 --------------General Bill --------------Finance & Tax Committee, Precourt, Albritton, Grant, Workman, Smith, Roberson, K., Crisafulli --------------Economic Development Finance & Tax Economic Committee, Precourt, Development Albritton, Grant, Workman, Smith, Roberson, K., Crisafulli 2013 Page 25 of 78 Bill Detail Primary Sponsor Short Title Bill Detail Primary Sponsor Short Title CS/CS/HB 119 Judiciary Committee, Searches and Criminal Justice Seizures --------------Subcommittee, General Bill Workman --------------Judiciary Committee, Criminal Justice Subcommittee , Workman --------------Searches and Seizures Page 26 of 78 Bill Detail Primary Sponsor CS/CS/CS/HB Economic Affairs Committee, 487 Transportation & --------------Economic General Bill Development --------------Appropriations Economic Subcommittee, Affairs Transportation & Committee, Highway Safety Transportation Subcommittee, & Economic Stone, Workman Development Appropriations Subcommittee , Transportation & Highway Safety Subcommittee , Stone, Workman --------------Specialty License Plates/Freema sonry Short Title Specialty License Plates/Freemason ry Page 27 of 78 Bill Detail Primary Sponsor Economic CS/HB 705 Development & --------------Tourism General Bill Subcommittee, --------------Workman Economic Development & Tourism Subcommittee , Workman --------------Targeted Economic Development Short Title Targeted Economic Development Page 28 of 78 Bill Detail Primary Sponsor Short Title HB 875 --------------General Bill --------------Workman --------------Licensed Security Officers Workman Licensed Security Officers Page 29 of 78 Bill Detail Primary Sponsor Local & Federal CS/HB 1013 Affairs Committee, --------------Workman Local Bill --------------Local & Federal Affairs Committee, Workman --------------Technological Research & Development Authority, Brevard County Short Title Technological Research & Development Authority, Brevard County Page 30 of 78 Bill Detail Primary Sponsor Workman HB 4033 --------------General Bill --------------Workman --------------Technological Research & Development Authority Short Title Technological Research & Development Authority Page 31 of 78 Bill Detail Primary Sponsor HB 7099 Finance & Tax --------------Subcommittee, General Bill Workman --------------Finance & Tax Subcommittee, Workman --------------Corporate Income Tax Short Title Corporate Income Tax 2014 Page 32 of 78 Bill Detail Primary Sponsor Short Title Bill Detail Primary Sponsor Short Title CS/CS/HB 685 --------------General Bill --------------Judiciary Committee, Civil Justice Subcommittee, Rooney, Workman --------------Business Organizations Judiciary Committee, Business Civil Justice Organizations Subcommittee, Rooney, Workman Page 33 of 78 Bill Detail Primary Sponsor HB 817 Workman --------------Local Bill --------------Workman --------------City of Cocoa, Brevard County Short Title City of Cocoa, Brevard County Page 34 of 78 Bill Detail Primary Sponsor HB 5601 Finance & Tax --------------Subcommittee, General Bill Workman --------------Finance & Tax Subcommittee, Workman --------------Taxation Short Title Taxation Page 35 of 78 Bill Detail Primary Sponsor HB 7123 Finance & Tax --------------Subcommittee, General Bill Workman --------------Finance & Tax Subcommittee, Workman --------------Motor Vehicle & Mobile Home Taxes, Fees, & Surcharges Short Title Motor Vehicle & Mobile Home Taxes, Fees, & Surcharges 2015 Page 36 of 78 Bill Detail Primary Sponsor Short Title Bill Detail Primary Sponsor Short Title CS/HB 27 --------------General Bill --------------Highway & Waterway Safety Subcommittee, Gaetz, Workman --------------Driver Licenses & Identification Cards Highway & Waterway Driver Licenses & Safety Identification Subcommittee, Cards Gaetz, Workman Page 37 of 78 Bill Detail Primary Sponsor Short Title HB 7035 Rules, Calendar & --------------Ethics Committee, General Bill Workman --------------Rules, Calendar & Ethics Committee, Workman --------------Presidential Preference Primary Presidential Preference Primary 2016 Bill Detail Primary Sponsor Short Title Page 38 of 78 Bill Detail Primary Sponsor Short Title HB 527 --------------General Bill --------------Workman, Moskowitz, Rader --------------Scrutinized Companies Workman, Moskowitz, Scrutinized Rader Companies HB 703 --------------General Bill --------------Workman --------------Vessels Workman Vessels HB 7071  - Public Corruption Workman Public Corruption Page 39 of 78 Summary Current Status CS/CS/HB 333 amends the current definition of “ATV” to encompass Approved by Governor larger, heavier vehicles; Creates a new statutory definition of “ROV” on 6/10/2009 3:06:00 for recreational off-highway vehicles; and, Expands the current PM definition of “off-highway vehicle” to include ROVS. According to the Department of Highway Safety and Motor Vehicles (DHSMV) and the Division of Forestry at the Department of Agriculture and Consumer Affairs (DOACS), the bill may have indeterminate, though positive, fiscal impact should additional off-highway vehicles be titled as a result of the bill. Page 40 of 78 Summary Current Status Under Federal law, Medicare beneficiaries age 65 and older, who are Approved by Governor also enrolled in Medicare Part B, have a guaranteed right to buy on 6/10/2009 3:06:00 Medicare supplemental insurance (Medigap insurance) during an open PM enrollment period. Medigap policies help pay some of the health care costs not covered by Medicare, including copayments, coinsurance, and deductibles. This guaranteed right does not extend to Medicare beneficiaries under the age of 65. However, federal law does not preclude states from making Medigap insurance available to these Medicare beneficiaries. The bill requires insurers that offer Medicare supplement insurance policies in Florida to issue these policies on a guarantee-issue basis during the open enrollment period to an individual who is under the age of 65, eligible for Medicare by reason of disability or end stage renal disease, and enrolled in Medicare Part B. The bill provides two significant changes to rate-making procedures related to under-65 Medicare supplement policies. First, companies that have offered such policies before October 1, 2009, are provided a one-time opportunity to redefine the age bands used for their premium classes which include ages under 65. They may do this without activating the provisions of s. 627.410(6)(e)2, F.S., which bars insurers that discontinue a policy form from offering a similar policy in the state for 5 years. Second, up to and including the first rate filing in 2015, insurers may adjust rates for under-65 beneficiaries separately from the age 65 and over beneficiaries, and based on a smaller number of policies than is generally required to justify a rate change in Florida. Second, up to and including the first rate filing in 2015, insurers may adjust rates for under-65 beneficiaries separately from the age 65 and over beneficiaries, and based on a smaller number of policies than is generally required to justify a rate change in Florida. After 2015, experience will be pooled throughout the block according to OIR’s rating rules, including Medigap policyholders under age 65, resulting in potentially higher premiums to current Medigap policyholders. The bill does not appear to have a fiscal impact on state Page 41 of 78 Summary Current Status Summary Current Status Provides appropriation to compensate Stephen Hall for injuries sustained as result of negligence of employee of DOT; provides limitation on payment of fees & costs. Companion bill passed Page 42 of 78 Summary Current Status CS/CS/HJR 37 proposes the creation of the Health Care Freedom Filed with Secretary of Constitutional Amendment in Section 28 of Article I of the Florida State on 5/20/2010 Constitution. Specifically the constitutional amendment: 1:11:00 PM prohibits persons and employers from compelled participation in a heath care system; allows direct payment of health care services and prohibits penalizing persons, employers and health care providers from utilizing a direct payment system; allows the purchase or sale of health insurance in the private market, subject to certain conditions; does not affect any general law passed by a 2/3 vote of the membership of each house of the Legislature, passed after the effective date of the Amendment, provided that such law states with specificity the public necessity justifying such exception; and exempts laws enacted prior to March 1, 2010, from requirements of the amendment. The joint resolution provides definitions for certain terms and includes a ballot summary. This joint resolution appears to have a negative, non-recurring fiscal impact on state government. The Department of State, Division of Elections estimates that the average cost of publishing a constitutional amendment is $94.68 per word. The word count for CS/CS/HJR 37 is 959 words X $94.68 = $90,798.12. The cost is a result of placing the joint resolution on the ballot and publishing two required notices. The joint resolution does not contain a specific effective date. Therefore, if adopted by the voters at the 2010 General Election, the resolution would take effect January 4, 2011. Page 43 of 78 Summary Current Status America’s Space Shuttle program is winding down a 40-year mission to Companion Bill passed broaden human research and exploration in outer space. The last flight of a Space Shuttle orbiter is scheduled for September 2010, to transport supplies to the International Space Station (ISS). NASA already has announced plans to preserve the orbiters and thousands of other “artifacts” of the Space Shuttle program. It has been soliciting proposals from museums, public entities, and eligible non-profit organizations interested in showcasing them. The orbiters are getting the most attention. The Smithsonian National Air and Space Museum in Washington, D.C., has been promised one of the orbiters, and competition is growing among the states for the other two. The Visitor’s Center at Kennedy Space Center (KSC), operated by Delaware North, is among a number of entities nationwide submitting proposals for an orbiter. There will be costs associated with winning the competition to display an orbiter. NASA will charge $28.8 million to prepare each orbiter for display and to transport it to its final destination. Additionally, most, if not all, of the museums and other venues bidding for an orbiter will have to make substantial improvements to their facilities, or even build new facilities, to exhibit an orbiter. However, Delaware North’s proposal to obtain an orbiter for KSC will not in any way obligate state funding towards obtaining an orbiter or for KSC improvements to host an orbiter. CS/HM 253 requests that the U.S. Congress direct one of the decommissioned Space Shuttle orbiters be preserved and placed on permanent display at KSC. Page 44 of 78 Summary Current Status The bill contains numerous modifications relating to several regulatory Approved by Governor activities under the Department of Business and Professional on 5/26/2010 6:43:00 Regulation (DBPR). The bill: PM amends various provisions of the home inspection licensing program (scheduled to become effective July 1, 2010). Changes include modifying the definition of home inspection services, eliminating the business license (certificate of authorization), authorizing applicants to take the licensure examination without having to obtain DBPR approval, requiring a criminal history check for applicants, providing disciplinary action for failure to meet standards of practice adopted by the DBPR, and providing additional rulemaking authority; amends various provisions of the mold-related licensure program (scheduled to become effective July 1, 2010). Changes include eliminating the business license (certificate of authorization), authorizing applicants to take the licensure examination without having to obtain DBPR approval, clarifying that the two-year degree requirement must be an associate of arts degree or equivalent (with 30 semester hours in certain courses), requiring a criminal history check for applicants, providing disciplinary action for failure to meet standards of practice adopted by the DBPR, and providing additional rulemaking authority; creates a temporary professional license for spouses of active duty members of the Armed Forces of the United States who have been assigned to a duty station in Florida; transfers carbon monoxide regulation in public lodging establishments from the Division of Hotels and Restaurants to the State Fire Marshal; revises the qualifications of members of the Florida Real Estate Appraisal Board; allows the Florida State Boxing Commission to issue a notice to cease and desist; prohibits an examinee whose examination materials were confiscated based upon suspicion of theft or unlawful reproduction of examination materials from taking another examination until the criminal investigation determines if a violation occurred; expands the exemption from licensure requirements to allow veterinary interns or Page 45 of 78 Summary Current Status The Melbourne-Tillman Water Control District was created in 1986 by Approved by Governor ch. 86-417, L.O.F. Subsequent amendments followed and were codified on 5/26/2010 12:35:00 by ch. 2001-336, L.O.F. The district was created as a dependent PM special district to “secure, operate, and maintain an adequate, dependable surface water management system” within the district’s boundaries. The bill amends the boundaries of the district and is effective upon becoming law. Page 46 of 78 Summary Current Status In 2009, the Legislature passed a bill which brought the state into Approved by Governor compliance with the “Secure and Fair Enforcement for Mortgage on 5/11/2010 8:11:00 Licensing Act of 2008” or “S.A.F.E. Mortgage Licensing Act of 2008”. AM The S.A.F.E. Act provides for greater accountability and regulation of loan originators and enhances consumer protections. It establishes regulatory requirements for individuals, collectively known as loan originators, rather than businesses. The law provides for a transition from the current licensure system and categories of licensees to a system meeting minimum federal requirements. HB 1281 defines a loan processor, consistent with the S.A.F.E. Act, as an individual licensed as a loan originator but only performing clerical or support duties. If the individual wishes to work for multiple employers, (s)he must file a “declaration of intent to engage solely in loan processing” with the Office of Financial Regulation. Because a loan processor may be employed by a company other than a mortgage broker or mortgage lender, HB 1281 provides an exception to Florida Statutes which prohibit the payment of fees or commissions in any mortgage loan transactions to any person or entity other than a licensed or exempt mortgage broker or lender. HB 1281 provides that a mobile home dealer licensed under ch. 494 is not also required to be licensed as a motor vehicle retail installment seller under ch. 520. In addition, it specifies that an employee who performs only administrative or clerical tasks for a mobile home dealer licensed as a mortgage broker or lender is not required to be licensed as a “loan originator”. The bill provides clarifications as to disclosures provided as part of the good faith estimate process, and requires the borrower acknowledge receipt of the disclosure by signing and dating the document. HB 1281 removes the requirement that mortgage lenders file a new license application because of a change of control in the business. HB 1281 also reenacts s 494.00255(1)(m), F.S., thereby providing a basis for disciplinary action by the Office of Financial Regulation for Page 47 of 78 Summary Current Status The Division of Alcoholic Beverages and Tobacco (division) in the Approved by Governor Department of Business and Professional Regulation (DBPR) is on 5/26/2010 12:36:00 responsible for regulating the conduct, management, and operation of PM the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages. Florida's alcoholic beverage law provides for a structured three-tiered distribution system: manufacturer, wholesaler, and retailer. The retailer makes the ultimate sale to the consumer. Alcoholic beverage excise taxes are collected at the wholesale level and the state “sales tax” is collected at the retail level. This bill authorizes the Division of Alcoholic Beverages and Tobacco in the Department of Business and Professional Regulation (Division) to issue a special alcoholic beverage license to the East Coast Zoological Society of Florida, Inc., (the Corporation) for use solely within the Brevard Zoo. The bill requires the Corporation to pay the applicable license fee provided in s. 565.02, F.S. The license authorized by this bill allows the Corporation to sell alcoholic beverages for consumption within the grounds of the Brevard Zoo, but not off the premises. Further, the bill allows the Corporation to transfer the license to qualified applicants authorized by contract with the Corporation to provide food services on the premises. According to the Economic Impact Statement, the bill may result in additional state revenues in the form of alcoholic beverage taxes from an increase in sales by the license holder. The division has indicated that the provisions of this bill will result in annual revenues of $1,820 to the agency. In addition, the division has indicated that it can handle the provisions of this bill within existing resources. This bill has an effective date of upon becoming law. Page 48 of 78 Summary Current Status HB 7017 makes changes to the confidentiality provisions of Part I, ch. Approved by Governor 494, F.S. which regulates mortgage brokerage and mortgage lending. on 5/28/2010 6:13:00 The bill colocates the confidentiality provisions found in Part I, ch. 494, PM F.S., within a single section of law. The bill creates a public record exemption for credit history information and credit scores held by the Office of Financial Regulation for licensure purposes under ch. 494, F.S., and pursuant to the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. It also provides for repeal of the exemption on October 2, 2015, unless reviewed and saved from repeal by the Legislature. The bill provides a public necessity statement as required by the State Constitution Article I, s. 24(c) of the State Constitution, requires a two-thirds vote of the members present and voting for passage of a newly created public records or public meetings exemption. Thus, this bill requires a twothirds vote for passage. The bill provides for a July 1, 2010 effective date. Page 49 of 78 Summary Current Status HB 7019 creates the Mortgage Guaranty Trust Fund within the Office of Approved by Governor Financial Regulation (OFR). Funds credited to the trust fund must be on 5/27/2010 6:40:00 used to pay claims against loan originators, mortgage brokers, and AM mortgage lenders pursuant to s. 494.00172, F.S. Article III, s. 19(f)(1) of the State Constitution specifies that a trust fund of the State of Florida or other public body may only be created or re-created by law in a separate bill. The bill creating or re-creating the trust fund must pass with a three-fifths vote of the membership of each house of the legislature. Thus, this bill requires a three-fifths vote for passage. The trust fund shall be terminated on July 1, 2014 pursuant to s. 19(f) (2), Article III of the Florida Constitution. Prior to its termination, the trust fund must be reviewed pursuant to s. 215.3206(1) and (2), F.S. The only fiscal impact will be the deposit into the trust fund of fees authorized by section 494.00172, F.S. No expenditures are anticipated in FY 2010-11. The bill provides for a July 1, 2010 effective date. Summary Current Status Page 50 of 78 Summary Current Status CS/HB 143 passed the House and the Senate on May 7, 2010. The bill Approved by Governor was approved by the Governor on May 31, 2011, Chapter 2011-76, on 5/31/2011 4:55:00 Laws of Florida and becomes effective July 1, 2011, except as PM otherwise provided in the bill. The purpose of the bill is to enhance Florida’s economic development potential by creating new incentives, funding existing incentives, and modifying administrative provisions of current programs. The bill provides the following: Spaceflight Business Tax Credits A “certified spaceflight” business is allowed to apply for a credit equal to 50 percent of the business’s corporate income tax liability in a given year, or may create a transferable income tax credit based upon its net operating losses. Corporate Income Emergency Excise Tax The corporate income emergency excise tax is repealed. Special Impact Estimating Conferences Special impact estimating conferences are authorized to evaluate proposed law changes. Single Sales Factor Apportionment Certain types of corporations that invest a total of $250 million in qualifying capital expenditures in Florida over a two year period are allowed to use single sales factor apportionment to calculate their corporate income tax liability. Brownfield Rehabilitation Tax Credits The corporate income tax credits that are currently available to partially compensate taxpayers that voluntarily clean up drycleaningsolvent-contaminated or brownfield sites are increased from $2 million to $5 million annually. Research and Development Credits An annual corporate income tax credit for qualifying research and development expenses in Florida is created. The amount of credits available to be awarded under this provision is $9 million. Entertainment Industry Financial Incentive Program Page 51 of 78 Summary Current Status CS/CS/SB 1316 passed the House on May 6, 2011. The bill was Companion bill passed approved by the Governor on May 31, 2011, chapter 2011-71, Laws of Florida, and becomes effective July 1, 2011. The bill distinguishes between in-house loan processors, who will no longer require licensure, and contract loan processors. It requires direction and supervision of an in-house loan processor by a statelicensed loan originator. While retaining the requirement that a good faith estimate be provided to an individual applying for a mortgage loan, as required by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E.), the bill removes the requirement for the borrower to sign and date the good faith estimate. The bill codifies a requirement of S.A.F.E. that a mortgage lender submit reports of mortgage activity and financial information to the Nationwide Mortgage Licensing System and Registry. The bill provides that real estate brokers are not subject to licensure as loan originators unless they are compensated by a lender, mortgage broker, or other loan originator, or by an agent of such parties. The bill may have an insignificant fiscal impact on the Office of Financial Regulation. The bill should have a positive fiscal impact on the private sector. Page 52 of 78 Summary Current Status SB 2100 passed the House on May 6, 2011. The bill was approved by Companion bill passed the Governor on May 26, 2011, chapter 2011-68, Laws of Florida. Sections 1-40 and 43 of the bill are effective July 1, 2011. Sections 41 and 44 of the bill are effective upon becoming law. This bill makes several changes to the Florida Retirement System (FRS); however, changes impacting member benefits do not apply to those persons who have already retired from FRS employment. Benefits already earned are not affected by the changes in this bill. The bill changes the name of the FRS defined benefit program to the Florida Retirement System Pension Plan (pension plan), and changes the name of the defined contribution program from the Public Employee Optional Retirement Program to the Florida Retirement System Investment Plan (investment plan). Effective July 1, 2011, the bill: Requires a 3 percent employee contribution for members of all classes of the FRS pension plan and investment plan. Increases the years of service required for vesting from six to eight years of creditable service for employees initially enrolled in the pension plan on or after July 1, 2011. Revises the definition of "average final compensation" for members who initially enroll in the pension plan on or after July 1, 2011, to mean the average of the eight highest fiscal years of compensation for creditable service prior to retirement, for purposes of calculating retirement benefits. Reduces the interest accrual rate from 6.5 percent to 1.3 percent for members who enter the Deferred Retirement Option Program on or after July 1, 2011. Eliminates the cost-of-living adjustment (COLA) for service earned on or after July 1, 2011; however, subject to the availability of funding and the Legislature enacting sufficient employer contributions specifically for the purpose of funding the reinstatement of the COLA, effective June 30, 2016, the current 3 percent cost-of-living adjustment will be reinstated. Increases the retirement age and years of service for members of the FRS who initially enroll on or after July 1, 2011. Page 53 of 78 Summary Current Status CS/HB 1463 passed the House on April 29, 2011, and subsequently Approved by Governor passed the Senate on May 6, 2011. The bill was approved by the on 6/27/2011 4:52:00 Governor on June 27, 2011, chapter 2011-234, Laws of Florida, and PM takes effect July 1, 2011. The bill amends s. 394.875, F.S., by directing the Department of Children and Families (DCF) to implement a crisis stabilization unit demonstration project in Circuit 18 which includes Brevard and Seminole Counties. DCF is directed to authorize existing public or private crisis stabilization units in Circuit 18 to expand to a 50 bed maximum. The pilot project is to determine the impact this expansion would have on the availability of crisis stabilization services to clients. This bill appears to have no fiscal impact. HB 4009 passed the House on March 24, 2011, and subsequently passed the Senate on May 3, 2011. The bill was approved by the Governor on June 21, 2011, chapter 2011-198, Laws of Florida, and becomes effective July 1, 2011. The bill repeals ch. 555, F.S., removing the statutory requirements concerning access to and from public roads and other requirements that specifically apply to outdoor theaters. The bill does not have a fiscal impact. Page 54 of 78 Approved by Governor on 6/21/2011 4:41:00 PM Summary Current Status HB 4019 passed the House on March 24, 2011 and passed the Senate Approved by Governor on March 30, 2011. The bill was approved by the Governor on April 27, on 4/27/2011 5:19:00 2011, chapter 2011-9, Laws of Florida, and took effect on April 27, PM 2011. The bill repeals unnecessary language from Chapter 316, Florida Statutes, relating to motor vehicle operation. The language being repealed prohibits motor vehicle drivers from travelling on a downgrade with the vehicle in neutral or the clutch disengaged. The bill does not have a fiscal impact. Page 55 of 78 Summary Current Status HB 7001 passed the House on March 16, 2011, was subsequently Approved by Governor passed by the Senate on March 30, 2011, and was approved by the on 4/27/2011 5:19:00 Governor on April 27, 2011, chapter 2011-14, Laws of Florida. The bill PM reenacts portions of existing law most closely related to comprehensive planning and land development amended by chapter 2009-96, Laws of Florida, (CS/CS/SB 360) passed by the Legislature in 2009. The bill states that it fulfills an important state interest. The portions of existing law reenacted by the bill address several areas related to comprehensive planning and land development including: Urban Service Areas and Dense Urban Land Areas (DULAs). Transportation Concurrency. Developments of Regional Impact (DRIs). Financial Feasibility Requirements. School Concurrency. Permit Extensions. Impact Fee Notice and Concurrent Zoning. Dispute Resolution. See the “Current Situation” section for a detailed analysis of the portions of existing law reenacted by the bill. The bill became law on April 27, 2011, chapter 2011-14, Laws of Florida, and those portions of the bill amended or created by chapter 2009-96, Laws of Florida, are retroactive to June 1, 2009. If a court of last resort finds retroactive application unconstitutional, the bill is to apply prospectively from April 27, 2011, the date the bill became law. Page 56 of 78 Summary Current Status HB 7003 passed the House on March 16, 2011, was subsequently Approved by Governor passed by the Senate on March 30, 2011. The bill was approved by the on 4/27/2011 5:19:00 Governor on April 27, 2011, chapter 2011-15, Laws of Florida, and took PM effect on April 27, 2011. The bill reenacts portions of existing law most closely related to affordable housing amended by ch. 2009-96, Laws of Florida, (Committee Substitute for Committee Substitute for Senate Bill 360) passed by the Legislature in 2009. This bill reenacts several statutory provisions that: Revise the state’s affordable housing homeownership and rental programs. Address foreclosure issues under the State Housing Initiatives Partnership Program. Reduce tax burdens for those living in, or providing for, affordable housing. Assist special populations with meeting housing needs. See the “Current Situation” section of this bill analysis for a detailed analysis of each provision. The bill became effective on April 27, 2011, and further provides that those portions which are amended, created, or repealed by chapter 2009-96, Laws of Florida, must operate retroactively to June 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, the bill states that this act should then apply prospectively from the date that this act becomes a law. Summary Current Status Page 57 of 78 Summary Current Status HB 97 passed the House on January 25, 2012, as SB 634. The bill Companion bill passed defines the term „launch support facilities‟ and deletes the term „spaceport launch facilities.‟ "Launch support facilities," as defined by the bill, are facilities that are located at launch sites or launch ranges that are required to support launch activities, including launch vehicle assembly, launch vehicle operations and control, communications, and flight safety functions, as well as payload operations, control, and processing. This change is intended to provide an updated definition of spaceport infrastructure for state and federal purposes. The bill does not have a fiscal impact. The bill was approved by the Governor on April 6, 2012, ch. 2012-1, Laws of Florida. The effective date of the bill is July 1, 2012. Page 58 of 78 Summary Current Status The Florida Retirement System Act governs the Florida Retirement Companion bill passed System (FRS), which is a multi-employer, contributory plan that provides retirement income benefits to 643,746 active members, 319,689 retired members and beneficiaries, and 45,092 members of the Deferred Retirement Option Program. Members of the FRS have two plan options available for participation; a pension plan, which is a defined benefit plan, and an investment plan, which is a defined contribution plan. The bill increases the pension plan vesting requirements from eight to 11 years for all members of the FRS who enroll in the pension plan on or after July 1, 2012. It also increases the years of service for the disability retirement benefit to conform to the changes for vesting in the pension plan. The bill revises the normal retirement age for Special Risk Class members for those members initially enrolled in the FRS on or after July 1, 2011. Members must be age 55 and vested, be at least age 48 and have 25 years of special risk service, or be age 52 with 25 years of service, including special risk service and up to four years of wartime military service credit. The bill requires new members initially enrolled on or after July 1, 2012, to default into the investment plan after the 12 month plan election window closes. The bill allows members of the Senior Management System Optional Annuity Program (SMSOAP), the State University System Optional Retirement Program (SUSORP), and the State Community College System Optional Retirement Program (SCCSORP) to receive a benefit distribution of up to 10 percent of their account balance one month after termination. It clarifies that the current prohibition on hardship loans for optional retirement programs does not apply to a requested distribution for retirement, a mandatory de minimis distribution authorized by the administrator, or a required minimum distribution provided pursuant to the Internal Revenue Code. The bill clarifies that Page 59 of 78 Summary Current Status CS/CS/HB 937 passed the House on February 29, 2012, and Approved by Governor subsequently passed the Senate on March 9, 2012. on 5/4/2012 4:25:00 PM The bill requires a legal notice to be placed on a newspaper’s website in addition to being placed in the newspaper. Current law provides requirements for publishing legal notices and official advertisements. Publications must be in a newspaper that is printed and published at least once a week and that contains at least 25 percent of its words in the English language. In addition, the newspaper must qualify or be entered to qualify as periodicals matter at the post office in the county where published, and be generally available to the public for the purpose of publication of official or other notices. The bill creates a new section of law requiring a legal notice to be placed on a newspaper’s website on the same day the notice appears in the newspaper, at no additional charge. Effective July 1, 2013, a newspaper that publishes legal notices must provide a free link to access legal notices on its website; optimize online visibility; dominantly present the notices on the website; provide a search function for the notices; upon request, provide free e-mail notification of the notices; and place the notice on the Florida Press Association website established for such notices. The bill also authorizes electronic proof of publication affidavits; limits the rate that may be charged for certain government notices required to be published more than once; requires certain local governmental maps that appear in newspaper advertisements to be noticed online; deletes the requirement that certain legal notices be published in Leon County; requires that a notice to certain professional licensees be posted on a newspaper website and provided to certain broadcast network affiliates; amends requirements relating to the publication of certain notices relating to the sale of bonds by the Division of Bond Finance within the State Board of Administration; deletes requirements relating to newspaper publication of certain notices relating to Page 60 of 78 Summary Current Status Removes requirement to keep one hand on handlebars while operating Similar companion bill bicycle. passed Page 61 of 78 Summary Current Status House Bill 7075 passed the House on February 23, 2012, was Approved by Governor amended by the Senate on March 6, 2012, and subsequently passed on 4/6/2012 7:18:00 PM the House on March 6, 2012. In addition, the bill was included in CS/CS/SB 922. HB 7075 addresses military installation support as follows: Encroachment: Current law contains a number of provisions relating to coordination between local governments and the military regarding land use decisions. The bill clarifies provisions relating to commanders’ advisory comments on land use changes; however, despite these changes, the original intent and meaning of the statutes remains unchanged. In addition, the bill requires advisory comments be supported and accompanied by appropriate data and analyses. Defense Grants: Current law provides for seven grant programs designed to aid in the transition from a defense economy to a nondefense economy and to aid in the retention of military bases. The bill streamlines these provisions into the Military Base Protection Program, the Florida Defense Reinvestment Grant Program, and the Florida Defense Infrastructure Grant Program. It also revises legislative intent for the programs to include the Legislature’s interest in supporting and sustaining military installations throughout the state. Military Support Organizations: Florida currently has two statutorily created organizations designed to support the military, the Florida Council on Military Base and Mission Support (Council) and the Florida Defense Support Task Force (Task Force). The bill repeals provisions relating to the Council and transfers the powers, duties, functions, records, personnel, property, pending issues, existing contracts, administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and other funds of the Council to the Task Force. The bill also amends provisions related to the Task Force to remove language relating to federal base realignment and closure action and remove obsolete provisions relating to the reporting requirements. Page 62 of 78 Summary Current Status CS/HB 7081 passed the House on February 15, 2012, and Approved by Governor subsequently passed the Senate on March 7, 2012. Part of the bill also on 4/6/2012 7:19:00 PM passed the House and Senate in HB 7075 on March 6, 2012, and part of the bill passed the House and Senate in CS/CS/SB 922 on March 7, 2012, and March 8, 2012, respectively. The bill makes a number of non-substantive modifications and clarifications to ch. 2011-139, L.O.F, “The Community Planning Act” (the Act), which were compiled through various discussions and feedback received from stakeholders including the state land planning agency and local governments. Modifications include fixing cross-references, updating outdated language, and removing provisions that the Act made obsolete such as references to the twice-a-year limitation on adopting plan amendments that no longer exists and references to the evaluation and appraisal report that no longer is required. The bill also addresses items that, although stemming from technical glitches, may have limited policy implications. These include: grandfathering of local government charter provisions in effect on June 1, 2011, relating to a local initiative or referendum process for the approval of development orders and comprehensive plan or map amendments; clarifying provisions relating to the coordination between local governments and military installations regarding local land use decisions; providing criteria for municipalities and the unincorporated area within a county to use in determining population projections; removing criteria that exempts certain municipalities from being signatories to the school interlocal agreement as a prerequisite to implementing school concurrency, because school concurrency is now optional, and restoring criteria to exempt certain municipalities from being a party to the school interlocal agreement; extending the time for the state land planning agency and the Administration Commission to issue recommended and final orders, since the current time requirement is unworkable, and providing a time requirement for the state land planning agency to issue a notice of intent for a plan Page 63 of 78 Summary Current Status HB 7087 passed the House on February 15, 2012. The bill was Approved by Governor amended by the Senate on March 9, 2012, and subsequently passed on 3/28/2012 10:32:00 the House the same day. The bill contains several provisions designed AM to encourage economic development in Florida. These are: Intangible Personal Property Tax on Governmental Leaseholds—The bill provides an exemption from the intangible personal property tax on governmental leaseholds when the lessee serves or performs a governmental, municipal, or public purpose or function. Cigarette Tax Distributions—The bill provides that beginning July 1, 2013, through June 30, 2021, one percent of net cigarette tax collections will be directed to be used by the Department of Health in conjunction with the Sanford-Burnham Medical Research Institute for biomedical research. The bill further provides that beginning July 1, 2013, through June 30, 2033, the current H. Lee Moffitt Cancer Center and Research Institute funding distribution will increase from 1.47 percent to 2.75 percent of net cigarette tax collections. Phosphate Severance Tax—The bill sets the phosphate tax rate at $1.61 per ton severed, except for the time period from January 1, 2015, until December 21, 2022, where it is set at $1.80 per ton severed. The distribution of the tax is temporarily adjusted during the period when the rate is set at $1.80, and more funding is directed to the Nonmandatory Land Reclamation Trust Fund. Tax on Severance and Production of Oil—The bill defines a new class of oil, “mature field recovery oil,” and applies the current tiered tax rate structure for tertiary oil to the newly defined class. It also modifies the distribution of tax proceeds. New Markets Development Program—The bill increases the total amount of tax credits available to be allocated to the program from $97.5 million to $163.8 million over seven years. The bill also makes clarifying changes to conform certain aspects of the state program to the federal program. Sales Tax Exemptions—The bill modifies several sales tax exemptions Page 64 of 78 Summary Current Status Summary Current Status CS/CS/HB 119 passed the House on April 17, 2013 as CS/CS/SB 92. Companion bill passed The bill creates the “Freedom from Unwarranted Surveillance Act” (Act), which prohibits a law enforcement agency from using a drone to collect evidence or other information. Evidence gathered in violation of the Act is inadmissible in a criminal prosecution in any state court. The bill provides the following three exceptions that allow a law enforcement agency to use a drone:  To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk;  If a law enforcement agency obtains a search warrant to use the drone; or  If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve other such purposes, including, but not limited to, facilitating the search for a missing person. The bill allows for a civil action by an aggrieved party to be brought against a law enforcement agency that violates the Act, and therefore may have a negative fiscal impact on state and local agencies that violate the Act. The bill was approved by the Governor on April 22, 2013, ch. 2013-33, L.O.F., and will become effective on July 1, 2013. Page 65 of 78 Summary Current Status CS/CS/CS/HB 487 passed the House on April 25, 2013, and Approved by Governor subsequently passed the Senate on April 30, 2013. The bill creates a on 5/30/2013 11:05:00 Freemasonry specialty license plate, establishes the annual use fee for AM the plate, and provides for the distribution of the annual use fees received from the sale of the license plate. The bill requires the Department of Highway Safety and Motor Vehicles (DHSMV) to create the license plate notwithstanding the statutory moratorium on the creation of new specialty license plates, provided the Masonic Home Endowment Fund, Inc., submits the proposed art design to DHSMV no later than 60 days after the bill becomes law, and records a minimum of 1,000 pre-sale vouchers by the conclusion of the 24-month presale period. The annual use fee for the plate is $25, and the annual use fees collected will be distributed to the Masonic Home Endowment Fund, Inc. Under the bill, a maximum of ten percent of the distributed annual use fees may be used to promote and market the plate. The Masonic Home Endowment Fund, Inc., must invest the remainder for the operation of the Masonic Home of Florida for the care of Masons and their families. Because the number of vehicle owners that will voluntarily purchase the Freemasonry specialty license plate is unknown, the bill’s fiscal impact to the private sector is indeterminate. Administratively, the bill may have an insignificant, negative fiscal impact to the Highway Safety Operating Trust Fund, which DHSMV can absorb within existing resources. The bill was approved by the Governor on May 30, 2013, ch. 2013-85, L.O.F., and will become effective on October 1, 2013. Page 66 of 78 Summary Current Status CS/HB 705 passed the House on April 17, 2013 and subsequently Approved by Governor passed the Senate on April 26, 2013. The bill amends s. 288.9625 F.S., on 6/5/2013 6:13:00 PM to include innovation businesses among the entities eligible to receive assistance from the Florida Institute for the Commercialization of Public Research (Institute). The bill also grants the Institute the ability to create corporate subsidiaries, and as long as it does not interfere with its core mission, the Institute may charge for services provided to private companies and affiliated organizations whose products are developed by the research and development activities of a publicly supported college, university, or research institute. The bill also creates s. 288.96255, F.S. which would establish the Florida Technology Seed Capital Fund (Fund) as a corporate subsidiary of the Institute. The Fund will be administered by the Institute for the purpose of fostering greater private-sector investment funding, encouraging seed-stage investments in start-up companies, and advising companies how to restructure existing management, operations, or production in order to attract advantageous business opportunities. This bill has no fiscal impact on state or local funds. The bill was approved by the Governor on June 5, 2013, ch. 2013-120, L.O.F., and will become effective on July 1, 2013. Page 67 of 78 Summary Current Status HB 875 passed the House on April 17, 2013, and subsequently passed Approved by Governor the Senate on April 26, 2013. on 6/25/2013 3:34:00 The bill amends ch. 493, F.S., which establishes licensure requirements PM for the fields of private security, private investigations, and recovery services, to make it a first degree misdemeanor for an unlicensed person to engage in any activity for which ch. 493, F.S., requires a license. The bill also makes it a third degree felony for a person who, while impersonating a security officer, private investigator, recovery agent, or other person required to have a license under ch. 493, F.S., knowingly and intentionally force another person to assist the impersonator in an activity within the scope of duty of a person licensed under ch. 493, F.S. The penalties are increased for second or subsequent violations, or when violations occur while committing a felony. The bill authorizes licensed security officers (class D license) and licensed security agency managers (class MB license) who also possess a valid class “G” license (firearm license), to temporarily detain a person, so long as the security officer or manager:  Is on duty and in a uniform with at least one patch or emblem visible at all times clearly identifying the agency employing the security officer or security agency manager;  Is on the premises of a critical infrastructure facility; and  Has probable cause to believe that the person has committed or is committing a crime against the client operating the premises or the client's patron. The detention must be performed to ascertain the person’s identity and circumstances of the person's activity. The security officer must notify the appropriate law enforcement agency as soon as possible, and may only detain the person until a law enforcement officer (LEO) arrives and is in the presence of the detainee. A security officer or security agency manager may search a detained person and his or her belongings if the detainee admits to Page 68 of 78 Summary Current Status CS/HB 1013 passed the House on April 26, 2013, and subsequently Approved by Governor passed the Senate on April 30, 2013. on 6/28/2013 5:09:00 The Technological Research and Development Authority (TRDA) was PM created as an independent special district in Brevard County by the 1987 Florida Legislature. TRDA’s purpose is to support scientific research and development that leads to new business formation, job creation and economic growth on the Space Coast and throughout the state. As the result of a settlement agreement negotiated with the United States Department of Justice, the TRDA has requested dissolution. CS/HB 1013 repeals the special act charter for the TRDA, and dissolves the district effective December 31, 2013. It also transfers all assets and indebtedness of the district, if any, to Brevard County. The bill was approved by the Governor on June 28, 2013, ch. 2013259, L.O.F., and became effective on that date. Page 69 of 78 Summary Current Status HB 4033 passed the House on May 1, 2013 as SB 954. The bill Companion bill passed removes all references to the TRDA from Florida Statutes. The Technological Research and Development Authority (TRDA) is an independent special district headquartered in Melbourne, Florida, and administered by a five-member commission of Brevard County residents who are appointed by the Governor to serve four-year terms. The TRDA is codified as a technology-based economic development organization with the purposes of promoting research and development and fostering higher education in Brevard County to diversify the economic base of the county and state, and to serve the public good. Recently as the result of a civil lawsuit filed by the United States Department of Justice, the TRDA has agreed to resolve allegations that it violated the False Claims Act in connection with the misuse of certain federal grants, and to wind down its operations. Effective September 30, 2013, the bill deletes the 50 percent distribution to the TRDA of the annual use fee collected through the sale of Challenger/Columbia specialty license plates, and redistributes the full collection of annual use fees to the Astronauts Memorial Foundation, Inc., to support the operations of the Center for Space Education and the Education Technology Institute. Effective July 1, 2013, the bill removes the TRDA from the research institutions that are eligible to receive funds from the Marine Resources Conservation Trust Fund. Effective December 31, 2013, the bill removes the Florida gift law authorization reference to the TRDA. The bill will have a positive fiscal impact on the Astronauts Memorial Foundation, Inc. There is an insignificant fiscal impact on Department of Highway Safety and Motor Vehicles. The bill was approved by the Governor on June 28, 2013, ch. 2013235, L.O.F., and except as otherwise provided became effective on that date. Page 70 of 78 Summary Current Status Florida imposes a 5.5% tax on the taxable income of corporations Companion bill passed doing business in Florida. The determination of taxable income for Florida tax purposes begins with the taxable income used for federal income tax purposes. This means that a corporation paying taxes in Florida generally receives the same benefits from deductions allowed in determining its federal taxable income. Florida maintains this relationship by each year adopting the Federal Internal Revenue Code as it exists on January 1 of the year in question. By doing this, Florida adopts any changes that were made in the previous year to the determination of federal taxable income. The bill adopting the federal code is commonly referred to as the “piggyback bill.” In January 2013, the federal government passed an act that affected the Internal Revenue Code - the American Taxpayer Relief Act of 2012. This act contained provisions that will reduce Florida corporate tax receipts over the next two years if adopted in Florida. Those provisions are:  50% first year bonus depreciation for certain new business property placed in service in 2013.  Increase in the amount that can be immediately expensed for certain depreciable asset purchases made in 2012, from $250,000 to $500,000.  Increase in the amount that can be immediately expensed for certain depreciable asset purchases made in 2013, from $25,000 to $500,000. The bill updates the Florida Income Tax Code to reflect changes Congress made to the U.S. Internal Revenue Code of 1986 by adopting the Internal Revenue Code as in effect on January 1, 2013. The change will apply retroactively to January 1, 2013. However, the bill contains provisions that do not adopt the federal bonus depreciation and enhanced expensing provisions described above. The bill accomplishes this by extending current statutory provisions adopted by Florida in both 2009 and 2011 to decouple from similar bonus Page 71 of 78 Summary Current Status Summary Current Status CS/CS/HB 685 passed the House on April 23, 2014, and subsequently Approved by Governor passed the Senate on April 29, 2014. on 6/20/2014 11:17:00 Florida corporations are regulated by the Florida Business Corporation AM Act and the Florida Not For Profit Corporation Act. These two acts define the basic terms employed by Florida law in regulating corporations. The directors of a corporation established for profit are duty-bound to manage corporate assets for profit. A not for profit corporation may not be organized for "pecuniary profit" but instead must have a charitable purpose. There is no provision in the law for a profit-making corporation which considers a social purpose or benefit along with profit while protecting its management from liability for setting such priorities. Historically, attempts at prioritizing social benefit over profit have created a cause of action in shareholders against officers and directors for breach of their fiduciary duty. The bill creates two new types of corporations called the "social purpose corporation" and the "benefit corporation." Social purpose and benefit corporations protect management for considering the use of corporate assets to pursue, in a significant manner, public benefit goals in addition to, or even as a priority over, the generally accepted corporate goal of profit maximization. Further, since there is a hybrid of goals in these new corporations, the profit-making ability distinguishes social purpose and benefit corporations from charities and from not for profit corporations. The new forms of corporation are similar; the primary difference being that a social purpose corporation has a specified social purpose or purposes designated in advance, whereas a benefit corporation is created for a general public benefit in a manner selected by management and assessed by a third-party standard. The name of a limited liability company, profit corporation, nonprofit corporation, or limited partnership must be distinguishable from the names of all other entities or filings on file with the Department of Page 72 of 78 Summary Current Status HB 817 passed the House on April 25, 2014, and subsequently passed Approved by Governor the Senate on April 29, 2014. on 5/12/2014 5:30:00 The Pinecrest Cemetery and the Evergreen Memorial Park are PM abandoned cemeteries contiguous with the municipal boundaries of the City of Cocoa and in unincorporated Brevard County. The recorded owners are defunct corporations and the grounds are in disrepair. Cocoa residents complain that the cemeteries are becoming a public nuisance. In the interests of the public health, safety, and welfare, the city would like to provide maintenance and security for the cemeteries. To that end, the City Council adopted a resolution outlining their intent and terms of the undertaking. However, the city does not have authority to enter the unincorporated properties and must annex the properties before taking stewardship measures. Statutory annexation provisions require action from the owners of the property to be annexed. As such owners are unascertainable, the city seeks legislative annexation in order to maintain and secure the cemeteries. The bill annexes Pinecrest Cemetery and the Evergreen Memorial Park to the City of Cocoa and provides that the city has all municipal powers and authority over these properties as provided by law. According to the Economic Impact Statement, the city’s public works director estimated that the city will spend approximately $7,000 annually to provide maintenance and security. Additionally, some capital improvements – such as paving the failing roadways within the cemeteries – may eventually be required. The repaving is estimated to cost $20,000. The bill was approved by the Governor on May 12, 2014, and became effective on that date. Page 73 of 78 Summary Current Status The bill is an omnibus economic development and tax cut package Approved by Governor containing the following provisions: on 5/12/2014 5:30:00  Three temporary “tax holiday” periods where sales of certain goods PM will be exempt from the sales tax – a “back to school” holiday for certain clothing, school supplies, and computers; a hurricane supplies holiday; and an energy and water efficient products holiday.  A temporary sales tax exemption for cement mixing drums.  Permanent sales tax exemptions for child restraint systems, bicycle helmets marketed for use by youth, therapeutic pet food available from veterinarians, and meal plans sold by institutions of higher education.  An increase in the amount of credits available under the New Markets Tax Credit program from $178.8 million to $216.34 million.  A delay in the repeal of the Community Contributions Tax Credit program by one year and an increase in the annual cap for that program from $14 million to $21.9 million.  Clarification of the statutory definition of “prepaid calling arrangement” to provide that certain prepaid mobile communications services are subject to state and local sales taxes instead of state and local communications services taxes.  A decrease in the sales tax rate on charges for electricity from 7% to 4.35% and an additional gross receipts tax of 2.6% on those same charges.  Authority for sales tax dealers to receive credit for 64.4% of the tax paid on bad debts incurred through private label credit cards.  An increase in the percentage of collections from the cigarette tax that are paid to the H. Lee Moffitt Cancer Center from 2.75% to 4.04%.  Authority for local governments to lower local business tax rates by majority vote without going through a reclassification process.  Clarification of the procedures governing the publication of certain statistics regarding tourist development taxes.  Exclusion from the insurance premium tax of the portion of the Page 74 of 78 Summary Current Status HB 7123 passed the house on March 20, 2014, as CS/SB 156. The bill Similar companion bill reduces certain fees, taxes, and surcharges applied to the licensure of passed motor vehicles and mobile homes as follows: Type of Fee, Tax Current Fee, New Fee Florida Real Time Vehicle Information System Fee s. 320.03(5), F.S. $1.25 $0.50 Registration Service Charge s. 320.04(1)(a), F.S. $5.00 $2.50 Automated Vending Fee s. 320.04(1)(b), F.S. $3.00 $1.00 Retroreflection Material Fee s. 320.06(3)(b), F.S. $1.50 $0.50 License Tax Surcharge s. 320.0804, F.S. $4.00 $1.20 License Tax Surcharge s. 320.08046, F.S. $5.50 $1.00 Section 320.08, F.S., License Taxes Motorcycles and Mopeds Any motorcycle $13.50 $10.00 Any moped $6.75 $5.00 Ancient or antique $8.50 $7.50 Automobiles and Tri-Vehicles Net weight <2500 lbs. Page 75 of 78 Summary Current Status Summary Current Status CS/HB 27 passed the House on April 9, 2015 and subsequently passed Approved by Governor the Senate on April 24, 2015. on 6/2/2015 6:11:00 PM The bill provides for the Department of Highway Safety and Motor Vehicles (DHSMV) to accept a military personnel identification card as proof of a social security card number during the application process to acquire a driver license or identification card. The bill further authorizes DHSMV to replace the veteran designation “V” with the word “Veteran” exhibited on the driver license or identification card of a veteran who qualifies and chooses to have such designation. The replacement of the “V” with the word “Veteran” will apply upon implementation of new designs for the driver license and identification card by DHSMV. The bill has no fiscal impact on state or local government funds. The bill was approved by the Governor on June 2, 2015, Ch. 2015-85, L.O.F., and will become effective on July 1, 2015. Page 76 of 78 Summary Current Status HB 7035 passed the House on March 11, 2015, and subsequently Approved by Governor passed the Senate on March 18, 2015. on 3/19/2015 2:13:00 The presidential preference primary (primary) is an election for PM Florida’s major political parties to determine which party candidates should be nominated at the parties’ national conventions to be their presidential candidates in the November general election. Florida law requires the primary to be held on the first Tuesday that the rules of the major political parties provide for state delegations to be allocated without penalty. The bill revises the date of the primary. Specifically, the bill requires the primary to be held on the third Tuesday in March in each presidential election year. The bill does not appear to have a fiscal impact on state or local governments. The bill was approved by the Governor on March 19, 2015, ch. 2015-5, L.O.F., and became effective on that date. Summary Current Status Page 77 of 78 Summary Current Status Establishes reporting requirements for executive director of SBA regarding companies boycotting Israel; requires SBA to identify companies in which public moneys are invested that are conducting businesses that boycott Israel; requires SBA to create & maintain certain scrutinized companies lists that name all such companies; requires SBA to divest of all publicly traded securities of scrutinized company under certain conditions; providing reporting requirements; prohibiting local governmental entities from entering into contracts with companies on scrutinized list. Companion Bill passed Revises provisions relating to reckless or careless operation of a vessel; deletes provisions authorizing law enforcement officers to inspect vessels; revises provisions relating to the authority of law enforcement officers to conduct certain investigations. Approved by Governor Revising the definition of the term "bribery"; revising requirements for Approved by Governor prosecution; revising the prohibition against unlawful compensation or reward for official behavior to conform to changes made by the act; revising the prohibition against official misconduct to conform to changes made by the act; revising applicability of the offense to include public contractors; revising the prohibition against bid tampering to conform to changes made by the act, etc. Page 78 of 78