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Politics

Employee Drug Testing, Hands-Free Bicycling Bills Reach Rick Scott

March 15, 2012 - 7:00pm

An assortment of bills approved by the Legislature, including a requirement for state employees to be randomly drug tested, a $2.4 million claims bill for a slainpolice informant and removing a requirement that bicyclists must keep one hand on the handlebars while riding, landed on Gov. Rick Scotts desk Friday.

Scott has until March 31 to sign or veto the bills.

CS3 HB 107 Special Districts

Special districts: Revises provisions relating to merger and dissolution procedures for special districts; provides for certain merger and dissolution procedures to include referenda and special acts; provides for local governments to assume indebtedness of, and receive title to, property owned by special districts under certain circumstances; deletes provision relating to conditions under which merger of independent special districts or dependent fire control districts with other special districts is effective and conditions under which merged district is authorized to increase ad valorem taxes; revises criteria by which special districts are declared inactive by governing body.

CS2 HB 189 Criminal Restitution

Criminal restitution: Provides that crime victim entitled to restitution may include trade association representing owner or lawful producer of recording who sustains loss as result of physical piracy; provides limitation of restitution obligation to specifically exclude acts of online piracy; defines "trade association."

CS1 HB 267 East Naples Fire Control and Rescue District, Collier County

East Naples Fire Control and Rescue District, Collier County: Amends district charter; provides for incorporation; provides that district is independent special district; provides for charter amendments; revises boundaries; provides for annexation; revises provisions relating to board of commissioners; revises board duties, powers, and authority; revises powers of district; provides for financing of district; provides savings clause for district's millage authority; provides for bonds; provides for reimbursement to county when referendum is required; provides for impact fees; provides for collection and disbursement of such fees; provides for deposit of taxes, assessments, fees and authority to disburse funds; provides for elections; requires district planning; provides for immunity from tort liability; provides for dissolution procedures; provides for exemption from taxation; provides for liberal construction; provides for severability.

HB 393 Recreational Vehicle Dealers

Recreational Vehicle dealers: Authorizes RV dealers to obtain certificates of title for recreational vehicles; provides limitations and requirements.

CS1 HB 437 Protection of Minors

Protection of minors: Designates act "Protect Our Children Act of 2012"; requires person convicted of second or subsequent violation of specified video voyeurism provisions to register as sexual predator if that person has been convicted of specified prior offense; provides that if more than one child is involved in violation of provisions prohibiting sexual performance by child, each child involved in violation creates separate offense; requires person convicted of video voyeurism violations to register as sexual offender; revises definition of term "sexual offender" to include persons convicted of specified video voyeurism provisions; increases classification of specified video voyeurism offenses involving minors.

CS1 HB 457 Relief/Denise Gordon Brown and David Brown /North Broward Hospital District

Relief/Denise Gordon Brown and David Brown/North Broward Hospital District: Provides for relief of Denise Gordon Brown and David Brown, parents of Darian Brown, by North Broward Hospital District; provides for appropriation to compensate them for injuries and damages sustained by Darian Brown as result of negligence of Broward General Medical Center; provides limitation on payment of fees and costs. CLAIM: $2 million.

CS1 HB 579 Relief/Lopez, Guzman, Lopez Jr., Lopez-Velasquez, and Guzman/Miami Dade County

Animal shelters and Animal Control agencies: Creates "Animal Rescue Act"; requires animal control agency or animal shelter that euthanizes animals to maintain registry of animal rescue groups that are willing to accept animals that would otherwise be euthanized; provides eligibility criteria; provides criteria under which animal control agency or shelter may reject applicant for registry or remove participant from registry; provides application requirements; authorizes animal control agency or shelter to require rescue group or person to provide certain data each month; prohibits animal control agency or shelter from euthanizing animal until animal agency or shelter has notified appropriate animal rescue group or person listed on registry; provides exceptions; authorizes animal control agency or shelter to assess fee for each animal released to rescue group; requires that each animal control agency or animal shelter provide for public information on regular basis.

CS1 HB 637 Citrus County

Citrus County: Revises criteria for special alcoholic beverage licenses for restaurants in Citrus County; provides construction.

CS1 HB 655 Biomedical Research

Biomedical research: Extends period during which certain expenditures may be made from Biomedical Research Trust Fund; revises composition, terms, and duties of Biomedical Research Advisory Council; exempts grant programs under purview of council from ch. 120, Florida Statutes; requires council to submit progress report and specifies contents thereof; revises provisions relating to James and Esther King Biomedical Research Program and William G. "Bill" Bankhead Jr., and David Coley Cancer Research Program; provides that certain types of applications may, rather than shall, be considered for funding under programs; revises provisions relating to appointment, duties, and meetings of peer review panels; removes reporting requirement; revises composition of advisory council under Florida Center for Universal Research to Eradicate Disease.

CS2 HB 667 Murder

Murder: Designates act "Deputy John C. Mecklenburg Act"; provides that unlawful killing of human being when committed by person engaged in perpetration of, or in attempt to perpetrate, offense of aggravated fleeing or eluding with serious bodily injury or death is murder of specified degree in certain circumstances; requires life imprisonment for defendants convicted of specified offenses where victim is correctional officer, correctional probation officer, or related type of officer; conforms provisions; re-enacts provisions.

CS1 HB 697 Relief/Don Brown/District School Board of Sumter County

Relief/Donald Brown/District School Board of Sumter County: Provides for relief of Donald Brown by District School Board of Sumter County; provides for appropriation to compensate Donald Brown for injuries sustained as result of negligence of employee of DSBSC; provides limitation on payment of fees and costs. CLAIM: $1.4 million.

CS3 HB 859 Florida Tax Credit Scholarship Program

Florida Tax Credit Scholarship Program: Revises student eligibility requirements for participation in program; increases tax credit cap amount applicable to program; provides that private school may choose to offer and administer statewide assessments at school; revises DOE duties relating to site visits; provides conditions under which statewide assessments may be administered at private school; revises conditions upon which commissioner of education may base denial, suspension, or revocation of private school's participation in program or suspension of scholarship fund payment.

CS1 HB 877 Relief/Odette Acanda and Alexis Rodriguez /Public Health Trust of Miami-Dade County

Relief/Odette Acanda and Alexis Rodriguez/Public Health Trust of Miami-Dade County: Provides for relief of Odette Acanda and Alexis Rodriguez by Public Health Trust of Miami-Dade County, dba Jackson Memorial Hospital; provides for appropriation to compensate Odette Acanda and Alexis Rodriguez for the death of their son, Ryan Rodriguez, as result of negligence of employees of Public Health Trust of Miami-Dade County; provides limitation on payment of fees and costs. CLAIM: $799,999

CS1 HB 909 Relief/Anais Cruz Peinado/School Board of Miami-Dade County

Relief/Anais Cruz Peinado/School Board of Miami-Dade County: Provides for relief of Anais Cruz Peinado by School Board of Miami-Dade County; provides for appropriation to compensate Anais Cruz Peinado, mother of Juan Carlos Rivera, deceased, for death of Juan Carlos Rivera as result of negligence of School Board of Miami-Dade County; provides limitation on payment of fees and costs. CLAIM: $1,175,000

CS2 HB 965 Relief/Aaron Edwards/Lee Memorial Health Systems/Lee County

Relief/Aaron Edwards/Lee Memorial Health System/Lee County: Provides for relief of Aaron Edwards, a minor, by Lee Memorial Health System of Lee County; provides for appropriation to compensate Aaron Edwards for damages sustained as result of medical negligence by employees of Lee Memorial Health System of Lee County; provides limitation on payment of fees and costs. CLAIM: $15 million

CS1 HB 967 Relief/Kristi Mellen/North Broward Hospital District

Relief/Kristi Mellen/North Broward Hospital District: Provides for relief of Kristi Mellen as personal representative of estate of Michael Munson, deceased, by North Broward Hospital District; provides for appropriation to compensate estate and statutory survivors for wrongful death of Michael Munson as result of negligence of NBHD; provides limitation on payment of fees and costs. CLAIM: $2.8 million

CS1 HB 1039 Relief/James Feurtado/Miami-Dade County

Relief/James Feurtado/Miami-Dade County: Provides for relief of James D. Feurtado III, by Miami-Dade County; provides for appropriation to compensate him for injuries sustained as result of negligence of employee of Miami-Dade County; provides limitation on payment of fees and costs. CLAIM: $1.15 million

CS2 HB 1175 Controlled Substances

Controlled Substances: Adds to list of Schedule I controlled substances certain specified materials, compounds, mixtures, or preparations that contain hallucinogenic substances or that contain any of these substances' salts, isomers, and salts of isomers, if existence of such salts, isomers, and salts of isomers is possible within specific chemical designation; provides reduced penalties for possession of 3 grams or less of certain such substances

CS3 HB 1205 Drug-free Workplace Act

Drug-free workplaces: Requires drug testing to be conducted within each state agency's appropriation; authorizes agencies within state government to require employees to submit to periodic random drug testing; revises provisions relating to discharging or disciplining certain employees; authorizes agency to refer employee, at employee's expense, to employee assistance program or alcohol and drug rehabilitation program if not discharged; requires employer to transfer employee to job assignment he or she can perform safely and effectively while participating in employee assistance program or alcohol and drug rehabilitation program or place employee on leave status if such position is unavailable; authorizes employee to use accumulated leave credits before being placed on leave without pay; provides that employer remains qualified for insurer rate plan that discounts rates for workers' compensation and employer's liability insurance policies if employer maintains drug-free workplace program that is broader in scope than that provided for by standards and procedures established in act; authorizes public employer to conduct random drug tests of certain employees under specified conditions; provides requirements for public-sector employer assigning public-sector employee to position other than mandatory-testing position.

CS1 HB 1227 Certification of 911 Public Safety Telecommunicators

Certification of 911 Public Safety Telecommunicators: Revises requirements for certification of 911 public safety telecommunicators; provides conditions under which requirement for certification as 911 public safety telecommunicator may be waived for certain law enforcement officers; provides for exemption from examination fee.

CS1 HB 1305 Public Records/Officers-Elect

Public records/officers-elect: Declares that it is policy of this state that provisions of state's public records laws apply to certain constitutional officers upon their election to public office; requires that such officers adopt and implement reasonable measures to ensure compliance with public records obligations; requires that public records of such officers be maintained in accordance with policies and procedures of public offices to which elected; requires that online and electronic communication and record-keeping systems preserve records on such systems; requires that such officers timely deliver all public records kept or received in transaction of official business during period following election to public office; revises public meeting requirements to apply such requirements to meetings with or attended by newly elected members of boards and commissions.

HB 4047 Judicial Census Commissions

Judicial Census Commissions: Repeals provisions relating to judicial census commissions.

CS1 HB 7023 Regional Workforce Boards

Regional Workforce Boards: Requires certain funds to be expended on Individual Training Accounts; revises items that qualify as account expenditures; amends and re-enacts provisions relating to restrictions on use of state and federal funds provided to regional workforce boards and contracts between regional workforce boards and members of regional workforce boards; provides for maximum board membership; provides additional membership requirements; authorizes governor to remove board members for cause; requires Department of Economic Opportunity to assign staff for performance and compliance review; requires each board to develop budget for certain purposes, subject to approval of chief elected official, and submit budget to Workforce Florida Inc.; requires Workforce Florida Inc. to evaluate means to establish single, statewide workforce-system brand for state; deletes expiration of provision providing that participants in adult or youth work experience activities are employees of state for purposes of workers' compensation coverage, etc

HB 7029 Nullification and Repeal of Administrative Rules

Nullification and repeal of administrative rules: Provides for repeal of administrative rules upon repeal of law implemented; provides process for summary repeal of administrative rules that are no longer in full force; nullifies specific administrative rules adopted by Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, South Florida Water Management District, former Department of Commerce, former Department of Health and Rehabilitative Services, Health Program Office, former Advisory Council on Intergovernmental Relations, or former Department of Labor and Employment Security; directs DOH and DOE to initiate necessary rule-making before effective date of specified rule nullifications.

CS1 HB 7043 Obsolete or Outdated Programs & Requirements

Obsolete or outdated programs and requirements: Repeals provisions relating to creation and duties of Florida State Employee Wellness Council, Judah P. Benjamin Memorial at Gamble Plantation Historical Site Advisory Council, Small Business Regulatory Advisory Council, small business advocate, creation and duties of Statewide Intermodal Transportation Advisory Council, creation and duties of Health Information Systems Council, developmental disabilities compact, and Florida Institute for Nuclear Detection and Security; revises provisions relating to rule adoption by state agencies; requires rules ombudsman in EOG to assume certain duties formerly performed by Small Business Regulatory Advisory Council; deletes provisions that require OPPAGA, upon request, to conduct study and issue report to governor and Legislature regarding impact on small business of certain proposed agency rules that have been rejected; removes requirement to keep one hand on handlebars while operating bicycle.

HB 7087 Economic Development

Economic development: Provides exemption from intangible tax for lessees performing governmental, municipal, or public purpose or function; establishes funding source for H. Lee Moffitt Cancer Center and Research Institute from portion of cigarette tax collections; establishes purposes for which funding to H. Lee Moffitt Cancer Center and Research Institute may be used; revises excise tax rates levied upon each ton of phosphate rock severed; defines term "mature field recovery oil" and applies to such oil tiered severance tax rates applicable to tertiary oil; provides exemption from tax on sales, use, and other transactions for electricity used by packinghouses; expands exemptions from sales and use tax on labor, parts, and equipment used in repairs of certain aircraft; provides exemption from tax on sales, use, and other transactions for sale or lease of accessible taxicabs; revises eligibility criteria for tax credits under Urban High-Crime Area Job Tax Credit Program; increases amount of income that is exempt from franchise tax imposed on banks and savings associations, etc.

CS1 HB 7115 OGSR/Economic Development Agencies

OGSR/economic development agencies: Saves from scheduled repeal under Open Government Sunset Review Act public record exemptions for information held by economic development agencies; saves from repeal exemption concerning plans, intentions, or interests of private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state; provides that exemption applies if request for confidentiality is made before economic incentive agreement is signed; specifies time period during which information remains confidential and exempt when final project order for signed economic development agreement is issued; saves from repeal exemption for trade secrets, exemption for proprietary confidential business information, exemption for identification, account, and registration numbers and sales, wage, and tax data relating to recipient of economic development incentive, and exemption for information held pursuant to administration of economic incentive program; provides that taxes paid by businesses participating in economic incentive program may be disclosed in aggregate; specifies duration of period in which certain information held by economic development agency relating to specific business participating in economic development program remains confidential and exempt.

HB 7131 Relief/Irving Hoffman and Marjorie Weiss/ City of Tallahassee

Relief/Irving Hoffman and Marjorie Weiss/city of Tallahassee: Provides for relief of Irving Hoffman and Marjorie Weiss, parents of Rachel Hoffman, deceased, individually and as co-personal representatives of Estate of Rachel Hoffman, by city of Tallahassee; provides appropriation to compensate them for wrongful death of their daughter, Rachel Hoffman, who was murdered while serving as confidential informant for Tallahassee Police Department; provides limitation on payment of fees and costs. CLAIM: $2.4 million

Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.

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