FEDC Inside Track For Legislative Affairs: Final Week of the 2008 Florida Regular Legislative Session

 

Above:  Policy and Budget Council Chairman and Speaker-designate Rep. Ray Sansom, R-Fort Walton Beach, left, is questioned by Democratic Leader Rep. Dan Gelber, D-Miami Beach, right, as the House took up the hotly debated 2008-2009 budget proposal, HB5001, on the House floor in Tallahassee, Florida.

 

One week remains in Florida’s 2008 Regular Legislative Session.

The Legislature is putting the final touches on its budgets and members of both Chambers are spending their entire days on the floor of the House or Senate hearing bills.

 

BUDGET

 

The House and Senate conferees met mornings and evenings to finish their work on the budget for Fiscal Year 2008-2009.

With a drastically reduced allocation as compared to previous years, the Legislature did as much as it could with the limited funds available.

On behalf of FEDC, Colodny Fass was successful in obtaining a $26 million increase in the Transportation Road Fund. 

• Some of these funds will be used for particular projects that are listed below and total $16 million.
• There also will be $10 million available in new funding!
• Some related unresolved issues are being addressed by Senator Lisa Carlton and Representative Ray Sansom.
• Until the budget is laid on the members desks and a vote is officially taken, nothing should be considered final, however, at this point, no changes are expected. 

The following highlights are not intended to be a comprehensive review of the budget.

• Economic Transportation Projects (Road Fund) $36,750,000
• Space and aerospace infrastructure (Space Florida) $15 million
• Gateway Redevelopment $1.3 million
• Beaver Street Enterprises $300,000
• National Black Caucus of State Legislatures $75,000 
• Florida Communities Assessment and Economic Development Project  $75,000
• Quick Action Closing Fund (QAC)  $26,460,000–$5 million earmark, leaving $21,460,000
• Economic development tools $21.762 million
• Innovation Incentive Program $0
• Space Florida $15 million (from Road Fund)
• Enterprise Florida $11.9 million
• Film and entertainment $5 million
• Rural infrastructure $4.7 million
• Defense infrastructure $10.6 million
• Military base protection $250,000
• Rural community development $1.3 million 

 

ECONOMIC DEVELOPMENT-RELATED BILLS MOVING THROUGH THE LEGISLATIVE PROCESS

 

SB/CS2 850  Relating to Corporate Income Tax Credits by Senator Mike Fasano

Creates the New Markets Tax credit Program. Authorizes the Office of Tourism, Trade and Economic Development (“OTTED”) to develop a list of industries, in consultation with Enterprise Florida, Inc., in which equity investments can be made. Provides for the redemption of tax credits earned by certain business entities and by the partners, members, or shareholders of those entities. Provides for future repeal of the tax credit program.

Update:  Still in the Senate committee process as of April 21.

 

HB/CS2 293 Relating to Corporate Income Tax Credit by Representative Will Weatherford

Creates New Markets Tax Credit Program; provides for qualification and sale of investments that provide tax credits; provides for nonrefundable, nontransferable tax credit for taxable year in which credit allowance date falls; provides for calculating credit amount; limits amount of tax credit; provides for carryover of tax credits; provides for redemption of tax credits; provides for calculation of amount of tax credits available; requires calculations to be certified and accompanied by audited financial statements and notarized affidavits; provides for future repeal; provides authority, duties, and requirements of OTTED, Department of Revenue, and community development entities. 

Update:  House amended on second reading on April 25.  On House calendar for third reading.

 

SB/CS 2666 Relating to Space Flight Contractors /Tax Refunds by Senators Bill Posey and Mike Haridopolos

Includes space flight contractors in the Qualified Defense Contractor Tax Refund Program. Provides that qualified defense contractors are, upon approval, eligible for specified tax refunds under certain circumstances. Authorizes a qualified applicant to receive refunds from the account for certain taxes after entering into certain tax refund agreements.

Update:  Senate substituted for CS/HB 1373 on April 25

 

HB/CS 1373 Relating to the Qualified Defense Contractor Tax Refund Program by Representative Thad Altman

Includes space flight businesses & space flight contracts under program; specifies methodology and amounts for tax refund payments to qualified defense contractor businesses; revises provisions authorizing qualified applicants to receive refunds of specified taxes; revises application process requirements to include space flight businesses and contracts; provides employment requirements for space flight business contracts; specifies required information for applications for certification under space flight business contracts; includes space flight businesses under provisions authorizing annual claims for refund; revises limitations on payments of tax refunds; revises required reductions of amounts of tax refunds; deletes reporting requirement of tax refunds paid and use of appropriations expended; extends expiration date.

 

SB/CS2 928 Relating to Economic Development by Senator Alex Diaz de la Portilla

Requires that the report of the Small Business Regulatory Advisory Council be included in recommendations of the Joint Legislative Sunset Committee. Designates the Florida Small Business Development Center Network as the principal business assistance organization for small businesses in the state. Cites this act as the “Small Business Regulatory Advisory Act.” Creates the Small Business Regulatory Advisory Council.

Update:  On Senate calendar for second reading on April 28.  Comparable bills are SB/CS 7111 and SB/CS 930

 

HB 7109 Relating to Small Business Regulatory Relief by Representative Frank Attkisson

Designates Florida Small Business Development Center Network as principal business assistance organization of small businesses in state; cites act “Small Business Regulatory Advisory Council;” creates Small Business Regulatory Advisory Council; creates Office of Small Business Advocate; authorizes council to access or request information and assistance.

Update:  On House calendar for third reading as of April 23

 

SB/CS 930 Relating to Economic Development by Senator Alex Diaz de la Portilla

Designates the Florida Small Business Development Center Network as the principal business assistance organization for small businesses in the state.

Update: Temporarily postponed in the Senate Governmental Operations Committee on April 17.  Related bills:  HB 7109, CS/HB 7111, CS/CS/SB 928

 

HB/CS 7111 Relating to Economic Development by Representative Dean Cannon

Creates Small Business Regulatory Advisory Council (“SBRAC”); provides for small business advocate; requires SBRAC report in legislative sunset committee recommendations; requires agency notification of proposed action affecting small businesses; revises administrative rulemaking provisions concerning small businesses; provides economic development incentive application process; provides certain additional review and action requirements for Rural Economic Development Initiative (“REDI”) relating to rural communities; deletes limitation on characterization as rural area of critical economic concern; authorizes rural areas of critical economic concern to designate catalyst project; requires assistance with certain comprehensive planning needs; revises REDI reporting requirements; revises application process for certain programs; requires consideration of applications for specified programs under specified provision; revises provisions relating to relocation of spring training franchises; requires OTTED plan for retaining spring training; revises provisions relating to Black Business Loan Program; provides for expanding enterprise zones in rural areas of critical economic concern; revises provisions relating to employee leasing companies; provides action for negligence in evaluation or rating of business.

Update:  Added to House second reading calendar on April 25

 

SB/CS2 482  Relating to Affordable Housing by Senator Rudy Garcia

Revises purposes for which State Apartment Incentive Loans may be used. Revises requirements for distribution of funds in the Local Government Housing Trust Fund. Requires that local housing assistance plans address the special housing needs of persons with disabilities. Authorizes and limits the percentage of funds from the local housing distribution that may be used for certain manufactured housing.

Update:  Temporarily Postponed on second reading in the Senate; placed on special order calendar for April 28

 

HB/CS2/ENG1 699 Relating to Affordable Housing by Representative Gary Aubuchon

Revises and provides provisions relating to affordable housing; provides for assessment of property receiving low-income housing tax credit; defines term “community land trust,” provides for assessment of structural improvements, condominium parcels, and cooperative parcels on land owned by community land trust and used to provide affordable housing; provides for conveyance of structural improvements, condominium parcels, and cooperative parcels subject to certain conditions; specifies criteria to be used in arriving at just valuation of structural improvement, condominium parcel, or cooperative parcel; provides additional criteria for determining whether certain affordable housing property owned by certain exempt organizations is entitled to exemption; provides ad valorem taxation exemption for certain purposes; subjects certain organizations to ad valorem taxation under certain circumstances.

Update:  Amended on second reading on April 23, engrossed text filed

 

SB/CS2 474 Relating to Growth Management by Senator Rudy Garcia

Deletes an exemption from the limitation on the frequency of amendments of comprehensive plans. Requires counties to certify that they have prepared a list of county-owned property appropriate for affordable housing before obtaining certain funding. Extends the date for local governments to adopt plan amendments to implement a financially feasible capital improvements element.

Update:  Placed on Senate Special Order Calendar for April 28

 

HB/CS/ENG1 7129 Relating to Growth Management by Representative Dean Cannon

Requires counties to certify that they have prepared list of county-owned property appropriate for affordable housing before obtaining certain funding; requires local government to amend its comprehensive plan to allow accessory dwelling units in area zoned for single-family residential use; provides for establishing mobility fee pilot program in certain counties and municipalities in such counties.

Update:  Two amendments adopted and five withdrawn on second reading in the House.  Engrossed text filed.

 

SB/CS 380 Tax Exemption/Fractional Aircraft Ownership Program by Senator Mike Fasano

Defines “fractional aircraft ownership program” as a program that meets specified federal requirements, except that the program must include a minimum of 25 aircraft owned or leased by the business or affiliated group providing the program. Provides exemptions for the sale or use of an aircraft for primary use in a fractional aircraft ownership program.

Update:  Still in the Senate committee process as of March 6.

 

HB/CS1 217 Relating to Tax on Sales, Use, and Other Transactions by Representative Thad Altman

Defines fractional aircraft ownership program; provides exemptions for sale or use of aircraft for  primary use pursuant to fractional aircraft ownership programs and for  parts and labor used in maintenance, repair, and overhaul associated with aircraft sold or used pursuant to such programs; provides maximum tax on sale or use of fractional aircraft ownership interests.

Update:  Placed on House Special Order Calendar and read a second time.  Similar bill is SB 380.

 

SB/CS 2526  Relating to Space Technology Research and Diversification by Senator Bill Posey

Cites this act as the “Space Technology Research and Diversification Initiative Act.” Revises duties of Space Florida to include supporting the development and operation of the Space Technology and Research Diversification Initiative.  Establishes the multi-university Space Technology and Research Diversification Initiative within the OTTED.

Update:  Still in the Senate committee process as of April 14.  Similar bill is HB 1055.

 

HB/CS1 1055 Relating to the Space Industry by Representative Thad Altman

Creates “Space Technology Research and Diversification  Initiative Act;” establishes multi-university Space Technology and Research Diversification Initiative within the OTTED and provides for its duties and administration; revises duties of Space Florida to include supporting development amd operation of initiative.

Update:  Read a second time in the House from Special Order Calendar. 

 

SB/CS2 1120 Relating to Research Commercialization Matching Grant Program by Senator Don Gaetz 

Creates the Florida Research Commercialization Matching Grant Program. Designates an existing committee, or subcommittee thereof, within Enterprise Florida, Inc., for certain purposes. Provides eligibility guidelines for applicants. Provides for a program administrator and responsibilities of such administrator. Requires the Florida Office of Program Policy Analysis and Government Accountability to conduct a review of the matching grant program and appropriates $4,000,000.

Update:  Still in the Senate Committee process as of April 14.  Similar bill is HB 593.

 

HB/CS2 593 Relating to the Florida Research Commercialization Matching Grant Program by Representative Stephen Precourt

Creates the Florida Research Commercialization Matching Grant Program; provides purpose, goals, and objectives of the program; designates existing Enterprise Florida, Inc., committees, or subcommittee thereof, to perform certain activities related to the Program; provides that committee members serve without compensation and that committee staff support is provided by Enterprise Florida, Inc.; provides grant application processing deadlines; provides guidelines for applicant eligibility and grant award approval; provides program administrator and responsibilities of such; establishes fiduciary entity and designates the entity to approve awards to qualified applicants; requires OPPAGA to conduct program review and provide report by time certain; provides recurring appropriation for Program implementation.

Update:  Read a second time from House Special Order Calendar on April 23.

 

SB 2788: Relating to Economic Development by Senator Mike Fasano

Creates a uniform process for the review and certification of economic development incentive projects by Enterprise Florida, Inc. and the OTTED.  Establishes the Building Florida’s Future Revolving Loan Guarantee Program within the OTTED.  Revises the sources of funds that may be used to provide refunds for the qualified defense contractor tax refund program and appropriates $20,060,000.

Update:  Read a third time in the Senate and amended.  Passed (35 Yeas / 0 Nays); engrossed text (E2) filed; received by the House in Messages and refered to calendar on April 23.

 

SB 428 Relating to Workforce Innovation by Senator Mike Bennett

Authorizes the designation of a regional workforce board as a one-stop operator and direct provider of certain services by agreement of the chief elected official and the Governor.  Requires that Workforce Florida, Inc. establish procedures for a regional workforce board to request permission to operate and the criteria for granting such permission.  Provides that the permission to operate not exceed a certain period.

Update:  Read a third time in the Senate, passed on April 24 (40 Yeas / 0 Nays) and sent to House on April 25.  Similar bill is HB 959.

 

HB/CS 959 Relating to Workforce Innovation by Representative Charles Chestnut

Authorizes designation of regional workforce board as one-stop operator and direct provider of certain services by agreement of chief elected official and Governor; requires Workforce Florida, Inc., to establish certain procedures and criteria; provides for certain time limitations on permissions for designations.

Update:   Read from House Special Order Calendar and temporarily postponed on second reading on April 23.  Similar bill is SB/CS2 428.

 

SB/CS2 108 Relating to Service-disabled Veteran Business Enterprises by Senator Mike Fasano

Creates the Florida Service-Disabled Veteran Business Enterprise Opportunity Act. Provides a selection preference regarding state contracts in favor of certified service-disabled veteran business enterprises. Requires that a certification procedure be established by the Florida Department of Management Services and the Department of Veterans’ Affairs and reviewed biennially and updated as necessary.

Update:  Read a second time in the Senate from the Special Order Calendar on April 23.  Substituted for HB 687.

 

HB/CS 687  Relating to Service-Disabled Veteran Business Enterprises by Representative Bill Proctor

Creates the Florida Service-Disabled Veteran Business Enterprise Opportunity Act; provides legislative intent and definitions; provides selection preference in state contracting for certified service-disabled verteran business enterprises; provides certification procedure; provides Department of Veterans’ Affairs and Department of Management Services duties; provides data reporting by Small Business Development Center; requires center to report percentage of service-disabled veteran business enterprises using statewide contracts registry.

Update:  Passed the House unanimously on April 17 on third reading.  Sent to Senate on April 23 and substituted for SB 108.  Passed the Senate unanimously on April 24 on third reading. House ordered bill enrolled on April 25.

 

SB/CS/ENG1 1706 relating to Developments of Regional Impact by Senator Gwen Margolis

Revises criteria for extending application of certain deadline dates and approvals for developments of regional impact. Provides an additional statutory exemption for certain developments in certain counties. Provides requirements and limitations.

Update:  Read a second time and amended in the Senate on April 25.  Passed the Senate unanimously on third reading on April 24, immediately certified, engrossed text filed and sent to the House in Messages.  House refered to calendar on April 28.

 

HB/CS 911 Relating to Developments of Regional Impact by Representative Denise Grimsley

Revises criteria for extending application of specified deadline dates and approvals for developments of regional impact; provides additional statutory exemption for specified developments in counties of specified population; provides requirements and limitations.

Update: Read a second time on the House Special Order Calendar on April 23.  Identical bill is SB 1706.

 

SB/CS 402: Relating to Targeted Industry Businesses/Expediting Permitting by Senator Mike Fasano

Cites act as the “Mike McHugh Act.” Requires the Florida Department of Environmental Protection and water management districts to adopt programs to expedite the processing of permits for certain economic development projects. Provides an exception. Requires a municipality or county to identify certain businesses by resolution. Requires a preapplication review. Requires that a permit application be approved or denied within a certain period.

Update:  Still in Senate committee process as of April 25.  Similar bill is HB 147.

 

HB/CS 147  Relating to the Expedited Permitting Process for Economic Development Projects by Representative Rob Schenck

Designates the act as the “Mike McHugh Act”; requires the Department of Environmental Protection and water management districts to adopt programs to expedite processing of permits for certain economic development projects; requires municipalities and counties to identify certain businesses by commission resolution; provides timeframe for permit application approval or denial.

Update:  Read a second time on House Special Order Calendar on April 23.

 

SB/CS/E1 2310 Relating to the Economic Stimulus by Senator Jeremy Ring

Requires the SBA to report on the amount and type of technology and growth investments held by each fund. Authorizes the SBA to invest a certain percentage of net assets in technology and growth investments.  Creates the Reusable Space Vehicle Industry Prize Program within the OTTED.

Update:  Senate passed unanimously on third reading on April 17.  Sent to House on April 23.  House substituted for HB 1295 on April 25 and read a second time.

 

HB/CS 1295:  Relating to Stimulating the Economy by Representative Frank Attkisson

Requires SBA to report on amount and type of technology and growth investments held in certain funds; authorizes board to invest certain percentage of net assets in certain technology and growth investments; increases percentage amount of alternative investments in any fund; requires the OPPAGA to perform an annual review; creates Reusable Space Vehicle Industry Prize Program within OTTED; provides for cash prize; requires the Lieutenant Governor to serve as Chair of Program; requires adoption of rules; provides for the Program to terminate on a specified date.

Update:  House read a second time on April 25 and substituted for SB 2310.

 

NEWS FROM THE OFFICE OF THE GOVERNOR

 

Governor Crist Appoints Four To The Board Of Directors, Florida Sports Foundation

Governor Charlie Crist on April 22, 2008 announced the following appointments to the Board of Directors, Florida Sports Foundation: 

• Jeffrey Adams, 49, of St. Petersburg, partner with Abbey, Adams, Byelick, Kiernan, Mueller, Marone & Samis LLP, reappointed for a term beginning April 22, 2008, and ending November 21, 2011.
• Garrett Blanton, 37, of Tallahassee, public policy advisor, Holland & Knight LLP, succeeding Thomas Wasdin, appointed for a term beginning April 22, 2008, and ending November 21, 2010.
• Bobby Brantley, 60, of Tallahassee, former Lt. Governor of Florida, government consultant with Shutts & Bowen LLP, succeeding Linda Curtis, appointed for a term beginning April 22, 2008, and ending November 21, 2011.
• Timothy Ramsberger, 45, of Treasure Island, vice president and general manager, Andretti Green Promotions LLC, succeeding Charles Walton, appointed for a term beginning April 22, 2008, and ending November 21, 2010.

 

Governor Crist Meets With Health Insurers Interested In Participating In Cover Florida Plan

TALLAHASSEE – Governor Charlie Crist on April 22, 2008 met with representatives of Florida’s health insurance industry who have expressed interest in competing for the opportunity to provide affordable coverage for Florida’s 3.8 million uninsured individuals through the Governor’s Cover Florida plan. Governor Crist has proposed legislation that will allow the State of Florida to negotiate with health insurers to develop affordable health coverage for uninsured Floridians ages 19 to 64.  To read the complete story, click here.

 

Lt. Governor Kottkamp, Film Florida Announce Creation Of The Don Davis Film Finishing Fund

TALLAHASSEE — Lt. Governor Jeff Kottkamp joined Film Florida on April 21, 2008 to announce the creation of the Don Davis Film Finishing Fund, which will provide completion funding to aspiring filmmakers in the state.  To read the complete story, click here.

 

 

Should you have any questions or comments, please contact:

Frank Mayernick at (850) 251-8898
Tracy Mayernick at (850) 445-3000
at Colodny Fass