Becker & Poliakoff

Becker’s State Lobbying Update: Week 8, February 26 – March 1, 2024

Becker’s State Lobbying Update: Week 8, February 26 – March 1, 2024

50th Day Rule and Budget Conferences

Tuesday, February 26, marked the 50th day of the 2024 Legislative Session.  With 1,954 bills filed, 30 bills have passed and are awaiting presentation to the Governor.  Currently, two bills have been presented to the Governor and six total bills have been signed into law.  Tuesday, February 26, also marked the day that the Budget Conference officially began.  Throughout the week, Chairs of budget committees and budget conferees, negotiated over $48 billion in general revenue spending, including $15.68 billion for PreK-12 education, $6.37 billion for higher education, $16.05 billion for healthcare, $6.19 billion for criminal justice, $744 million for tourism, transportation, and economic development, $1.37 billion for agriculture and natural resources, $663 million for general government and $942 million for administered funds and statewide issues.  The overall budget for fiscal year 2024-25, which is set to take effect July 1, is expected to reach around $115 billion, inclusive of trust fund money and federal funding.  A final budget agreement must be reached by Tuesday, March 5th, to adhere to the constitutionally mandated 72-hour “cooling off” period.

Tax Package

SB 7074 – Taxation by Finance and Tax Committee by Finance and Tax Committee
HB 7073
– Taxation by Ways & Means Committee by Representative McClain

SB 7074, the Senate’s annual tax package, was heard in the Appropriations Committee on Tuesday, February 27, where it favorably passed with a unanimous vote of 16 Yeas.  The proposal keeps the four sales tax holidays that seek to save consumers around $97.3 million, including a two-week-back-to-school sales tax holiday, a 30-day “Freedom Month” sales tax holiday, a one-week “Tool Time” sales tax holiday and two separate Disaster Preparedness tax holidays.  The bill also prohibits tourist development plans from allocating over 25% of tax revenue to convention centers unless approved by a supermajority vote.  The bill was discussed during the Office of EDR’s Revenue Estimating Impact Conference on Wednesday, February 28, as well as Friday, March 1. The bill has now been placed on the calendar for a second reading.  HB 7073 was read a third time on Friday, March 1, and passed favorably with a vote of 88 Yeas and 17 Nays.  It is now in Messages and has also been referred to Appropriations.

Healthcare

HB 1421 – Independent Hospital Districts by Representative Fine
SB 1700 – Independent Hospital Districts by Senator DiCeglie

HB 1421 by Representative Fine establishes a procedure for any of Florida’s 26 independent hospital districts to individually convert into a private non-profit entity, allowing the governing body of the district to vote, by a majority vote plus one, to evaluate the benefits of conversion for residents of the district by contracting with an independent entity meeting certain criteria to render a certified, independent evaluation. Suppose the district’s governing body deems that a conversion serves the district inhabitants’ paramount interests; under those circumstances, it is authorized to enter formal discussions with the respective governing bodies of each county that hares a part of the district’s perimeter. This bill has favorably passed each committee of reference and has been placed on the Special-Order Calendar on second reading for Friday, March 1st. Its Senate companion, SB 1700, by Senator DiCeglie, has been referred to three committees of reference and has yet to be heard.

HB 885 – Coverage for Biomarker Testing by Representative Gonzalez Pittman
SB 964 – Coverage for Biomarker Testing by Senator Calatayud

HB 885 by Representative Gonzalez Pittman is an accessibility bill that expands biomarker testing to be covered by Medicaid and Florida Blue. “Biomarker” is a characteristic measured as an indicator of normal biological processes, pathogenic processes, or responses to an exposure or intervention, including therapeutic interventions. “Biomarker testing” is defined as an analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. A recipient must have access to a transparent and convenient process to request authorization for biomarker testing through an accessible insurance company website. It has favorably passed all three committees of reference. The bill was amended on its second reading to require the Agency of Healthcare Administration (AHCA) to include a certain rate impact in specified Medicaid program rates. The bill was read a third time and passed with a vote of 114 Yeas and 0 Nays. It was received by the Senate and was referred to the Fiscal Policy Committee. Its Senate companion, SB 964, by Senator Calatayud, has favorably passed all three committees of references and has been placed on the Special-Order Calendar on second reading for Tuesday, March 5.

HB 241 – Coverage for Skin Cancer Screenings by Representative Massullo
SB 56 – Coverage for Skin Cancer Screenings by Senator Harrell

HB 241 by Representative Massullo requires contracted state group health insurance plans or health maintenance organizations to provide coverage and payment, without the imposition of a deductible, copayment, or coinsurance, an annual skin cancer screening by a licensed dermatologist, a physician assistant, or an advanced practiced registered nurse. This bill prohibits the Division of State Group Insurance (DSGI) contracted health plans from bundling payments for a skin cancer screening with any other procedure or service. The bill favorably passed all three committees of reference and was read a third time and passed with a vote of 114 Yeas and 0 Nays. Its Senate companion, SB 56, by Senator Harrell, was substituted for HB 241 and was read a second time.

Local Administration

HB 1195 – Millage Rates by Representative Garrison
SB 1322 – Millage Rates by Senator Ingoglia

HB 1195 by Representative Garrison restricts specific increases in millage rates unless approved by a two-thirds vote of a governing body of a county, municipality, or independent special district unless circumstances allow for it. The bill passed favorably in each committee of reference. The bill was amended with a title amendment. It was read a third time and passed favorably with a vote of 85 Yeas and 21 Nays. Its Senate Companion, SB 1322 has favorably passed two committees of reference and is waiting to be scheduled for its last committee of reference, Appropriations.

HB 7013 – Special Districts by Representative Persons-Mulicka
SB 1058 – Special Districts by Senator Hutson

HB 7013 by Representative Persons-Mulicka revises provisions relating to special districts which are units of local government created for a particular purpose, with jurisdiction to operate within a limited geographic boundary. The bill creates a 12-year term limit for elected members of governing bodies of most types of independent special districts unless the district’s charter provides for more restrictive terms of office.  The bill provides that the boundaries of an independent special district may only be changed by general law or a special act. Also, the bill adds additional criter.ia for declaring a special district inactive. The bill unanimously passed off the House floor with a vote of 114 Yeas. It has now been referred to Rules. Its Senate companion, SB 1058, unanimously passed its final committee, Rules, with a vote of 17 Yeas. It has now been placed on the Special-Order Calendar for Monday, March 4.

HB 479 – Alternative Mobility Funding Systems by Robinson (W)
SB 688 – Alternative Mobility Funding Systems by Senator Martin

HB 479 by Representative W. Robinson revises provisions concerning impact fees and concurrency and provides additional guidance concerning mobility fees. The bill defines “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bill also provides that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. The bill passed favorably in all three committees of reference. It was read a third time and passed with a vote of 115 Yeas and 0 Nays. It has been received by the Senate and referred to the Rules Committee. Its Senate Companion, SB 688, passed all three committees of reference and was placed on the Special-Order Calendar on Monday, March 4.

SB 472 – Suits Against the Government by Senator Brodeur
HB 569 – Suits Against the Government by Representative McFarland

SB 472 by Senator Brodeur aims to increase the limit on the amount that can be paid as judgments against government entities. The current cap of $200,000 for each individual and $300,000 per instance will be increased to $300,000 and $500,000, respectively. The bill also allows for an annual adjustment of the cap to reflect changes in the Consumer Price Index, beginning on July 1, 2020, and recalculated every five years thereafter, not to exceed three percent for any adjustment. Local government entities can settle a claim for any amount without needing approval of a claim bill by the Legislature. Additionally, the bill reduces the statute of limitations for a negligence claim against the State, its agency, or a subdivision from four years to two years. It favorably passed all three committees of reference and was placed on the Special-Order Calendar for Friday, March 1. It was temporarily postponed on its second reading. Its House companion, HB 569, by Representative McFarland, favorably passed two committees of reference and was not considered by its last committee, Judiciary.