A Concise Guide to What Passed in the 2011 Florida Legislative Session

BRADENTON -- This year's state legislative session was a frantic whirlwind of controversial legislation that reached a broad spectrum of policy area. It was often difficult to keep up with all of the proposals, in-fighting and rhetoric as the bills made there way through. The session culminated with a late-night, last minute session that produced more than a few firecrackers and plenty of surprises.

 

Here is a rundown of the bills passed by the legislature this fall. Some have already been signed into law, others await the signature of the governor – though the GOP holds a veto-proof majority were he to unexpectedly not sign off on any of the following bills.

During the 2011 Legislative Session, the Florida State Legislature...

Successfully over-rid former governor Charlie Crist's veto on Leadership Funds (HB 1207)

Redefined DCA and shifted review and regulation for development from the state to local governments with the repeal of the 1985 Growth Management Act (HB 7207/SB 2156,) while repealing the 1985 Growth Management laws (SB 1122/HB 7129).

Early voting was reduced from 14 days to 8. Some voters who have moved will be required to cast provisional ballots, and the time for third-party groups to submit voter registration forms is reduced to 48 hours, while the time that signatures on citizen-led ballot initiatives are valid will be reduced to two years (SB 2086/HB 1355).

Created a tax break of $1,100 a year on average for small businesses. (HB 7185)

Required drug screening for adult welfare recipients. (HB 353)

Passed a tax cut for businesses in cutting state benefits for unemployed Floridians. The maximum benefit would no longer be available for 26 weeks, but rather on a sliding scale related to unemployment rates for no more than 23 weeks and no less than 12 weeks. (HB 7005)

Health care plans created through the federal health care law will not be able to offer coverage for abortions (SB 1414/HB 97). Women preparing to undergo an abortion must be offered the chance to have the results and images of an ultrasound explained to them. They can, however, decline to see the image (SB 1744/HB 1127). Minors seeking a judicial waiver for parental notification of an abortion will be required to get the waiver in district court where they live, rather than a wider-reaching appeals court (SB 1770/HB 1247). Proceeds from Choose Life license plates will go toward assisting pregnant women, instead of counties (SB 196/HB 501).

The state's three million Medicaid recipients will be placed into managed care. Companies will bid with the state on managing any of the 11 regions in Florida. Recipients ability to sue Medicaid doctors and hospitals is restricted. (SB 1972/HB 7107, 7109)

Employees in the Florida Retirement System will pay 3 percent of their salaries into their retirement accounts, have higher retirement ages, and no COLA starting July 1, 2011. (SB 2100, HB 1405)

Local governments cannot pass ordinances that ban sales of fertilizer (existing laws grandfathered). (HB 7215)

"Burden of proof" requirement that potential polluters show that their projects won't contaminate air or water is instead shifted from developers to citizens or groups seeking action (SB 1382/HB 993), while repealing the 1985 landmark law that requires developers to take into consideration the impact of their projects on the community and the environment (HB 7203).


Barriers are removed for charter schools to expand by designating certain schools as "high performing" (SB 1546/HB 7195). The definition of core curriculum is changed to reduce the number of courses that must meet class-size caps (SB 2120/HB 5101). Gifts to school board members and their relatives will be limited to $50. (SB 1696/HB 1255) and school boards will be required to ban clothes that show students' underwear or body parts and impose punishments up to in-school suspension (HB 61/SB 228). Part of teacher evaluations will be based in on standardized test scores, and administrators will be able to more easily fire teachers with weak evaluations. (SB 736/HB 7019), while online school offerings are expanded with requirements for incoming high school students to take at least one before graduating (SB 1620/HB 7197). School food and nutrition programs will be shifted to the Department of Agriculture and Consumer Services. (SB 1312/HB 7219)

The legislature removed limitations on tax credits for companies that provide school vouchers for low-income students (SB 1388/HB 965). Allows more children to qualify under the McKay Scholarship program for students with disabilities (SB 1656/HB 1329). Expands definition of failing schools to allow more students to qualify to move to other public schools (SB 1822/HB 1331).

A concealed weapon permit holder who accidentally shows a gun will no longer be subject to penalty (SB 234). A doctors ability to ask a patient whether they own a firearm will be reduced (SB 155) and local governments will be banned from regulating firearms. (HB 45)

Methylenedioxypyrovalerone, or "bath salts" were made illegal (SB 1886/HB 1039), as was bestiality or “sexual contact with an animal” (SB 344/HB 125) and synthetic marijuana. (SB 204/HB 39).
 
First-time juvenile offenders will be issued a civil citation. (HB 997)

Some released felons will be able to apply for an occupational license and public employment before having their rights fully restored. (SB 146/HB 449)

Doctors' ability to dispense prescription drugs is reduced and stiffer penalties were established for illegal dispensing of such drugs. A prescription drug database can be created, but doctors and pharmacists are not required to check it before filling prescriptions and pain clinics operated by board-certified pain specialists, anesthesiologists, neurologists and surgeons are exempt (estimated to cover about half of such clinics). A requirement that pain clinics be drug tested to check for signs of abuse was rejected. (SB 818/HB 7095)

Sending texts of sexually explicit text messages, photos or videos via cell phone or other devices by minors was decriminalized. (SB 888/HB 75)

Drug courts will be expanded as a sentencing option. (SB 400)

State security regulations, which duplicated federal ones, will be eliminated  (SB 524/HB 283)

It will be illegal for a candidate to lie about serving in the military. (SB 330)

Local government employees will have new limits on sick leave and overtime. (SB 1128/HB 7241)

State lawsuit protection will be given to university doctors teaching at public hospitals. (SB 1676/HB 1393)

Property insurance companies will be able limit comprehensive sinkhole coverage for primary structures only. A three-year window for filing claims for damage caused by hurricanes and windstorms will be installed. (SB 408/HB 803)

Property tax breaks will be given to disabled veterans 65 years or older who have a service-connected disability, even if they were not Florida residents before entering service (SB 592/HB 439). Parents of deceased veterans will get lifetime annual passes to state parks (SB 236/HB 95). The Department of Agriculture and Consumer Services is required to develop more hunting areas for disabled veterans (SB 850/HB 663).

Property appraisers will be required to notify rightful homeowners when someone files for adverse possession on their property. Anyone who seeks it must disclose, under penalty of perjury, the intended use of that property. (SB 1142/HB 927)

 

Port employees, including truck drivers, will no longer have to have state security clearance, just federal security clearance. A Florida Department of Transportation Secretary is created and decisions on port projects will have to come in less than 60 days, whereas some currently take more than 2 years to get approved. A statewide transportation plan will address road, rail and port needs. (CS HB 283)

 

Dogs found as part of an animal-fighting ring won't be automatically classified as dangerous. (SB 722/HB 4075)

Punishments for adults who serve alcohol to minors at a house party will move from second to first degree misdemeanor. (SB 746/HB 105)

Photos, videos and recordings depicting death will be exempt from public records.(SB 416/HB 411)

The law letting State Board of Administration keep private "proprietary confidential business information" related to alternative investments has been renewed. (SB 2174/HB 7225)

Local governments cannot treat "vacation rentals" differently from other homes. (SB 476/HB 883)

People who offer temporary housing, food, water or electricity to an emergency first responder or immediate family members of an emergency first responder will be protected from litigation. (SB 450/HB 215)

Property owners will be required to pay 75 percent of their taxes while they are appealing their property appraisals. (HB 281)

Click here to visit the Florida Legislature's Bill Tracker where you can search and read any of the bills summarized above in their entirety.