Florida Legislature: Mid-Session Tallahassee Update

by Joanna Bonfanti - Posted In: Environmental & Land Use, Government Affairs, Gunster, Immigration, Labor & Employment

This Week in Tallahassee  April 18-22

(The Florida Senate is out for the week for religious holidays, but will return for the last scheduled two weeks of legislative session on Monday, April 25^th.  The House and Senate have agreed to begin budget talks in conference committees beginning the week of the 25^th.)

FLORIDA HOUSE IN SESSION APRIL 20^th and 21^st – The Florida House has a marathon session scheduled, where it is expected to take up several bills including HB 7129, a major Growth Management bill that would remove most state oversight of local land-use decisions.  Other important bills under consideration include HB 1355, a controversial Elections bill, HB 7095, the House legislation dealing with Prescription Drugs and HB 1231, which would Deregulate Basic Phone Service. The session starts on the 20^th at 3:45 p.m. and is scheduled to go until 10 p.m. The House is also scheduled to meet from 2:30 p.m. to 7 p.m. on Thursday to continue the discussions and debate on these matters.

Bills to Watch

HB 239 – Numeric Nutrient Criteria

On Thursday, April 14^th, the House State Affairs Committee approved HB 239 (T. Williams).  This bill addresses the federal imposition of numeric nutrient criteria (NNC) by the Environmental Protection Agency (EPA).  The bill requires the Florida Department of Environmental Protection (DEP) to enter the rulemaking process to revise the dissolved oxygen criteria that will take into account naturally-occurring variability in Florida waters; places a prohibition on state implementation of EPA’s numeric nutrient criteria rules; however, compromising language limits that prohibition to instances where the EPA’s regulations are more stringent than necessary to protect the biological community and designated use of a water body; and codifies a new state classification of surface waters (Human Uses and Aquatic Life Uses).  HB 239 passed its final committee of reference and is now ready for consideration by the full House.  The Senate proposal, SB 1090 (Dean), was postponed in the Senate Environmental Preservation and Conservation Committee last week.  This legislation enjoys broad-based support from the business community and DEP.

SB 508 – Sales Tax Holidays

In the past, the Legislature approved “Sales Tax Holidays” to allow shoppers to purchase tax-exempt goods for a certain period of time.  SB 508 (Bogdanoff) will reinstate the Sales Tax Holiday between August 12th and August 14th, 2011.  Items free from sales tax in the bill include clothing, text books and other school supplies.  The bill passed the Senate Education Pre-K – 12 Committee by a unanimous vote and will now advance to the full Senate Budget Committee.  The House companion, HB 733 (Porter), already passed the full House & Senate.  The business community supports these bills, but in a difficult budget year it will be tough to pass sales tax holidays.

HB 241 – Wage Protection

On Thursday, April 14^th, the House Judiciary Committee passed HB 241 (Goodson) Relating to Wage Protection.  This legislation addresses “wage theft”, described as the failure of an employer to pay any portion of wages due to an employee.  Present federal and state laws provide extensive protection from wage theft through various acts including the Federal Fair Labor Standards Act and Florida’s minimum wage laws; however, counties and municipalities have broad home rule powers that allow the local governments to enact ordinances.  To provide clarity in cases relating to wage theft, HB 241 states that authority is expressly preempted to the state.  Any local ordinances, including those already enacted, would be nullified by the implementation of HB 241.  Republicans on the Committee voted in favor, while Democrats voted in opposition.  HB 241 is ready for consideration by the full House and the Senate measure, SB 982 (Norman) is currently in the Senate Judiciary Committee.  The business community supports these bills and they are moving well through the process.

SB 1610 – Minimum Wage

The Senate Governmental Oversight and Accountability Committee last week passed SB 1610 (Detert) Relating to Minimum Wage.  Each year, the Agency for Workforce Innovation (AWI) calculates the state’s minimum wage based on the formula provided in the Florida Constitution.  SB 1610 clarifies the calculation of the minimum wage for economic conditions that are not already expressed in the state constitution.  The bill does not lower the minimum wage or conflict with the Constitution, but clarifies the calculations when economic conditions, like deflation, occur that the Constitution did not address.  Because Florida’s economy has experienced a period of deflation in the past few years and the law is silent as to how periods of deflation are to be considered in the calculation, AWI completed its calculation using deflation and ensured Florida’s minimum wage was equal to the federal level, as required by law.  Labor groups have sued the state over this calculation.  The bill was opposed by Democrats on the Committee.  SB 1610 will now advance to the Senate Budget Committee for further consideration.  The House companion is HB 1425 (Tobia), which is currently in the House Economic Affairs Committee.

HB 7089 – Immigration

On Thursday, April 14^th, the House Economic Affairs Committee passed HB 7089 (House Judiciary Committee) Relating to the Enforcement of Immigration Laws.  The bill mandates Florida employers use the Federal E-Verify program to authenticate the eligibility of potential employees to work.  The bill also allows law enforcement entities to check the legal status of suspected unauthorized individuals in certain situations.  HB 7089 is now ready for consideration by the full House.  Many in the business community, such as AIF and the Florida Chamber, have expressed concern with this bill and the ramifications on Florida businesses and are working with the House to suggest potential improvements.  Similar Senate bills on this topic have not yet been voted on in Committee.