Yesterday was an important day as Governor Crist signed the State budget into law. The signature came with two appropriation vetoes which rejected a proposed 2% pay cut to state employees making over $45,000 a year and also denied a $6 million reallocation from a concealed weapons permit processing trust fund.

The 2009-2020 State budget totaled $66.5 billion, a $300 million increase from last year's budget even though state revenues were still down significantly. This was achieved due to the acceptance of some Federal "stimulus" money, a $1.00 per pack increase to the cigarette tax, adjustment of gaming restrictions and multiple fee increases. There were virtually no proposed spending increases this year.

Several notable pieces of legislation passed this year, some already signed into law, and others still waiting on approval from the Governor. The following is a list of bills that JMI was, and still is, actively tracking. The list also provides links to the actual bills for more detailed information.

Please feel free to contact JMI with any questions or comments regarding any of this year's legislation.

Thanks,

Thomas


Thomas M. Perrin

Director of Public Affairs

JMI Priority Issues

HB 0453 - Relating to Tax Credits for Contributions to Nonprofit Scholarship-funding Organizations – Weatherford

Tax Credits for Contributions to Nonprofit Scholarship-funding Organizations: Provides that credit authorized under Florida Tax Credit Scholarship Program does not apply to credit for Florida alternative minimum tax; expands & renames Corporate Income Tax Credit Scholarship Program to include insurance premium tax credits; revises credits for contributions to nonprofit scholarship-funding organizations; provides that taxpayer eligible to receive credit against insurance premium tax is not eligible to receive credit against corporate income tax; imposes additional requirement upon DOE; specifies school district tax credit scholarship notification requirements & limitations; provides for credits against insurance premium tax for contributions to specified eligible nonprofit scholarship-funding organizations; authorizes certain insurers that made past contributions to Florida Tax Credit Scholarship Program to claim credits against future corporate income tax liability; requires insurer to apply to DOR for such credits & file amended corporate income tax & insurance premium tax returns.

Effective Date: 7/1/09

Last Action: 5/19/09 - Signed by Officers and presented to Governor (Governor must act by 06/03/09)

HB 0013 - Relating to Middle School Civics Education Assessment - McBurney

Middle School Civics Education Assessment: Provides requirements for civics education course that student must successfully complete for middle grades promotion beginning with students entering grade 6 in 2011-2012 school; requires administration of end-of-course assessment in civics education as field test at middle school level during 2011-2012 school year; provides requirements for course grade & course credit for subsequent school years; requires inclusion of civics education end-of-course assessment data in determining school grades beginning with 2012-2013 school year.

Effective Date: 7/1/09

Last Action: 5/8/09 - HOUSE Died on Second Reading Calendar

HB 1219 - Relating to Regulation of State Lands and Oil and Gas Resources - Van Zant

Regulation of State Lands and Oil and Gas Resources: Authorizes Board of Trustees of the Internal Improvement Trust Fund to accept bids for oil & gas leases on specified submerged lands; provides location restrictions on refining & retail sale of oil & gas extracted pursuant to such leases; revises requirements for proof of financial responsibility by lessee prior to commencement of drilling on submerged lands; provides for distribution of royalties, cash considerations, annual rentals, or payments in lieu of royalties collected for oil & gas leases; provides for distribution of other state income from offshore oil & natural gas activities; provides exemptions from land leasing, permitting, & construction restrictions relating to leases on submerged lands; revises applicability provisions relating to surety for geophysical exploration, drilling, & production.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Messages

HB 1355 - Relating to Management of State-Owned Lands - Mayfield

Management of State-Owned Lands: Directs OPPAGA to conduct study on centralization of land management activities of state & submit study to Legislature; directs DEP, in consultation with FWCC & DACS, to issue request for proposals & invitation to negotiate for public-private land management demonstration pilot project for specified conservation lands; specifies project requirements; limits annual cost of pilot project; requires certified auditor to prepare & submit report to Governor, Legislature, Acquisition & Restoration Council, & LBC; provides report requirements.

Effective Date: 7/1/09

Last Action: 5/8/09 - HOUSE Died Pending Review of CS under Rule 7.20

HB 1171 - Relating to Residential Property Insurance - Proctor

Residential Property Insurance: Authorizes certain insurers to use rate in excess of otherwise applicable filed rate; prohibits consideration of certain policies when making specified calculation; preserves authority of OIR to disapprove rates as inadequate or disapprove rate filing for using unlawful rating factor; authorizes OIR to direct insurer to make specified type of rate filing under certain circumstances; requires that certain policies contain specified notice, etc.

Effective Date: upon becoming a law

Last Action: 5/7/09 - HOUSE Enrolled (will be presented to Governor soon)

HB 1495 - Relating to Insurance - Nelson

Property and Casualty Insurance: Revises dates of insurer's contract year for purposes of calculating insurer's retention; requires SBA to publish statement of estimated claims-paying capacity of Hurricane Catastrophe Fund; provides dates on which claims-paying capacity of fund will increase; provides that insurer may repair damaged property in compliance with its policy; authorizes insurer to include in its rates actual cost of certain reinsurance, etc.

Effective Date: upon becoming a law

Last Action: 5/27/09 – Signed into law by Governor

HB 1263 - Relating to State and Local Government Revenue Limitations; Voter Approval of New Taxes and Fees - Flores

State and Local Government Revenue Limitations; Voter Approval of New Taxes and Fees: Proposes amendment to s. 1, Art. VII & creation of s. 19, Art. VII of State Constitution to replace existing state revenue limit based on Florida personal income growth with new state & local government revenue limits based on inflation & population changes; limit property tax revenues based on changes in local growth & enrollment changes in school districts; require revenues collected in excess of revenue limits to be deposited into budget stabilization funds, used to reduce future taxes, or refunded to taxpayers; authorize voters to permit collection of revenues in excess of revenue limit; authorize Legislature & governing body of local government to approve taxes by supermajority vote for emergencies; prohibit state or local government, without first obtaining approval by supermajority vote of electors, from imposing new taxes, fees, assessments, or charges for services or incurring multi-year debts or financial obligations without adequate cash reserves; & provide Effective Date.

Last Action: 5/8/09 - HOUSE Died in Finance & Tax Council

SB 1906 - Relating to Gov't. Revenues/Voter Approval/New Taxes & Fees - Haridopolos

Gov't. Revenues/Voter Approval/New Taxes & Fees [WPSC]; Proposes an amendment to Section 1 and the creation of a new section in Article VII of the State Constitution to limit state and local government revenues and require voter approval of new taxes and fees.

Last Action: 5/11/09 - SENATE Died in Committee on Governmental Oversight and

SB 1840 - Relating to Protecting Health/Surcharge on Tobacco Products - Deutch

Protecting Health/Surcharge on Tobacco Products [WPSC]; Levies a surcharge on cigarettes equivalent to $1 per standard pack. Requires that revenue from the surcharge be deposited into the Health Care Trust Fund within the AHCA. Provides that certain members of an Indian tribe recognized in this state are exempt from paying a cigarette tax and surcharge under certain conditions. Provides that an approved agreement between an Indian tribe and the state takes precedence over specified provision, etc.

Effective Date: 7/1/09

Last Action: 5/27/09 - Signed into law by Governor

SB 1796 - Relating to Governmental Financial Information - Alexander

Governmental Financial Information [WPSC]; Directs the Legislative Auditing Committee to provide oversight and management of a state website providing information on governmental appropriations and expenditures. Creates the "Transparency Florida Act." Requires the Executive Office of the Governor to establish a website providing information relating to each appropriation in the General Appropriations Act, etc.

Effective Date: Upon becoming law.

Last Action: 5/27/09 - Signed into law by Governor

JMI Secondary Issues

Education

HB 0157 - Relating to Public K-12 Education - Kriseman

Public K-12 Education: Provides requirements for civics education course that student must successfully complete for middle grades promotion beginning with students entering grade 6 in 2011-2012 school year; requires DOE to encourage school districts to initiate, adopt, expand, & institutionalize service-learning programs, activities, & policies in K-12; revises provisions relating to schools receiving school grade, etc.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Messages

SB 0916 - Relating to Corporate Tax Credit Scholarship Program - Wilson

Corporate Tax Credit Scholarship Program [WPSC]; Provides an additional purpose that enables students in specified grades in public schools to receive certain assistance in attaining grade-level performance. Requires scholarship funding organizations to allocate at least 25 percent of their scholarships to public school students. Permits scholarships of a certain amount for public school students. Requires public schools to account for the use of scholarship funds, etc.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Committee on Education Pre-K - 12

HB 0919 - Relating to Revision of the Class Size Requirements for Public Schools - Weatherford

Revision of the Class Size Requirements for Public Schools: Proposes amendment to s. 1, Art. IX & creation of s. 31, Art. XII of State Constitution relating to class size requirements for public schools. State Constitution currently limits maximum number of students assigned to each teacher in public school classrooms in the following grade groupings: for prekindergarten through grade 3, 18 students; for grades 4 through 8, 22 students; & for grades 9 through 12, 25 students. Under amendment, current limits on maximum number of students assigned to each teacher in public school classrooms would become limits on average number of students assigned per class to each teacher, by specified grade level, in each public school. Amendment also adopts new limits on maximum number of students assigned to each teacher in individual classroom as follows: for prekindergarten through grade 3, 21 students; for grades 4 through 8, 27 students; & for grades 9 through 12, 30 students. Amendment specifies that class size limits do not apply to virtual classes, requires Legislature to provide sufficient funds to maintain average number of students required by amendment, & schedules revisions to take effect upon approval by electors of state & to operate retroactively to beginning of 2010-2011 school year.

Effective Date: Not Specified

Last Action: 5/11/09 - SENATE Died in Committee on Education Pre-K - 12

HB 0991 - Relating to School Improvement and Accountability - Grady

School Improvement and Accountability: Designates act "Florida's Equal Opportunity in Education Act"; revises provisions relating to powers & duties of district school boards to implement state system of school improvement & education accountability; requires that State Board of Education comply with federal Elementary and Secondary Education Act (ESEA); requires that DOE categorize public schools annually based on school grade & level & rate of change in student performance, etc.

Effective Date: 7/1/09

Last Action: 5/26/09 - Signed by Officers and presented to Governor (Governor must act by 06/10/09)

HB 0999 - Relating to Educational Choice - Horner

Educational Choice: Establishes Class Size Grant Program to provide option to attend public school other than the one to which student is assigned, or to provide class size grant to private school of choice, for students assigned to classrooms that exceed constitutional class size limits; provides eligibility requirements for receipt of grant; provides school district, DOE, & Commissioner of Education obligations & authority; provides eligibility requirements & obligations of private school participating in program; provides for grant funding, reporting, & payment; requires DOE to report on school district implementation of & compliance with program.

Effective Date: 7/1/09

Last Action: 5/8/09 - HOUSE Died in PreK-12 Policy Committee

SB 1248 - Relating to Public K-12 Education - Wise

Public K-12 Education [SPSC]; Deletes a provision that requires a public school principal to collect 50 to 75 percent of a textbook's purchase price from a student who has lost, destroyed, or damaged a textbook that has been in use for more than 1 year. Requires the DOE to encourage school districts to initiate, adopt, expand, and institutionalize service learning programs, activities, and policies in kindergarten through grade 12, etc.

Effective Date: 7/1/09

Last Action: 5/4/09 - SENATE Enrolled (will be presented to Governor soon)

HB 1293 - Relating to High School Graduation - Fresen

High School Graduation: Requires that students be advised of availability of certain courses; provides credit requirements for high school graduation with standard diploma beginning with students entering grade 9 in 2010-2011 school year & students entering grade 9 in 2012-2013 school year; deletes provisions relating to general requirements for high school graduation to conform to changes made by act; provides for accommodations for students with disabilities for purposes of graduation; authorizes award of standard high school diploma to certain honorably discharged veterans; requires passing scores on grade 10 FCAT to meet grade-level proficiency.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Messages

HB 1411 - Relating to Education Personnel - Stargel

Education Personnel: Cites this act "Quality Teachers for All Students Act"; provides additional access to records by certain education employees or agents in cases of child abuse or neglect; requires DOE to report to State Board of Education on effectiveness of graduates of state-approved teacher preparation programs; requires Commissioner of Education to report to Legislature specific recommendations for legislation to improve teacher quality, etc.

Effective Date: upon becoming a law

Last Action: 5/11/09 - SENATE Died in Messages

SB 1978 - Relating to Classroom Expenditures - Diaz de la Portilla

Classroom Expenditures [SPSC]; Requires that school districts spend a minimum percentage of the district general fund on expenditures in the classroom. Requires that the DOE develop a uniform calculation and a common format for district reporting. Requires that school districts publish information regarding classroom expenditures. Requires that the DOE analyze the expenditures of school districts that fail to meet required classroom expenditure levels, etc.

Effective Date: Upon becoming law.

Last Action: 5/11/09 - SENATE Died on Calendar

SB 2124 - Relating to Educational Choice/Class Size Grant Program - Wise

Educational Choice/Class Size Grant Program [WPSC]; Establishes the Class Size Grant Program to provide the option to attend a public school other than the one to which a student is assigned, or to provide a class size grant to a private school of choice, for students assigned to classrooms that exceed constitutional class size limits. Provides school district, DOE, and Commissioner of Education obligations and authority, etc.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Committee on Education Pre-K - 12

SB 2654 - Relating to High School Graduation - Altman

High School Graduation [SPSC]; Provides credit requirements for high school graduation with a standard diploma beginning with students entering grade 9 in the 2010-2011 school year and students entering grade 9 in the 2012-2013 school year. Amends provision requiring that students be advised of the availability of certain courses for purposes of an accelerated high school graduation option, etc.

Effective Date: 7/1/09

Last Action: 5/11/09 - SENATE Died in Committee on Education Pre-K - 12

Energy and Environment

HB 0021 - Relating to Energy Security - McKeel

Energy Security: Urges Congress to support expiration & removal of moratoria prohibiting exploration & production of oil & na