Things Are getting a Little Testy in Tallahassee

2010 seems to have turned Florida politics upside down during the Spring Legislative Session. Some of the political posturing was expected in a year where the Governor, all members of the Florida Cabinet and key races for the U. S. Senate are in play. But, lines are being drawn as the relationship between the Governor and the Republican led legislature is a bit strained to put it mildly. Republicans are now favoring the ultra-conservative former House Speaker Marco Rubio in the race for the U. S. Senate over Governor Crist.

The Governor has already vetoed a top Republican legislative priority which would have reenacted special leadership fund accounts. When you look at the mounting evidence of impropriety being uncovered in the ongoing investigation of Republican Party funds, Crist had plenty of ammunition to back this veto. Governor Crist has to deal with the anger of the Republican leadership.

Now, the Governor has received SB 6 which would do away with tenured teacher positions and put all newly hired teachers on annual contracts. The bill also bases teacher salaries on student performance, as measured in large part on testing. The Governor has hinted that he may change his position on this legislation. He has until Friday, April 16 to act.

Other issues that will frame the work for the remaining three weeks of Session will be proposals relating to Medicaid which would increase a current pilot program to encompass 19 additional counties including Miami-Dade. Whether the House and Senate will move to approve the gambling compact that has been agreed to by their leaders; and of course, budget conference committees that will most likely begin meeting the week of April 12th.

Some Construction Related Issues
LIFE OF THE MINE LEGISLATION: HB 617 by Bembry (D-Madison) and SB 1338 by Dean (R-Inverness). This bill which grants 30 year permits for limestone mining still sits on the House calendar, with the Senate Bill never being heard. Industry has been told that the language will be amended to another Senate Bill. An attempt this past week to put it on a permitting bill, sponsored by Senator Altman (R-Melbourne), failed, and the amendment was withdrawn.

PREEMPTION OF LOCAL CRANE REGULATION. HB 375 by Evers (R-Milton) and SB 1174 by Altman (R-Melbourne). Despite the fact that the House Bill hasn’t moved since February, the Senate has decided to start moving this bill. It was heard this past week in its first committee and will be heard in the Senate Community Affairs Committee this coming week. It still has a long way to go to see success this year. ABC has been leading the way on this issue for several years.

SALE OF TAX EXEMPT CONSTRUCTION MATERIALS. The best news this week comes in the form of a proposal drafted by House Finance & Tax Committee Staff at the request of their Chairman Ellyn Bogdanoff (R-Fort Lauderdale). The proposal goes further than we could have hoped, and if enacted, could resolve the difficulties suppliers and contractors have had with direct purchase system for many years. The BIG QUESTION is whether or not the Revenue Estimating Conference (REC) will attach a fiscal impact to the proposal.

CONSTRUCTION LIENS & BONDS: HB 693 by Plakon (R-Longwood) and SB 1048 by Baker (R-Eustis). CS/CS/SB 1048 by Senator Carey Baker will be heard in its last Senate Committee, General Government Appropriations, on Tuesday, April 13, 2010. Amendments will be offered that remove all responsibility for the Department of Business & Professional Regulation to publish lien law information and also to fix section 4 of the bill regarding a single claim of lien which had raised controversy. The good news is that the Senate Bill has been heard in all committees, is on the calendar and is available for an amendment on the floor.

The bad news is that a plan to merge Rep. Plakon and Sen. Baker’s bills with DBPR’s bills this year in order to have a House Bill in play was thwarted late Thursday night when the Department’s Secretary and bill sponsor refused to accept the amendment.

PROMPT PAY. HB 1157 by Eisnaugle (R- Orlando) and SB 1056 by Baker (R-Eustis).
These bills strengthen the payment and attorneys fee provisions contained in the Local Government Prompt Payment Act. This has been a session-long battle and negotiation between the construction industry and local governments. Most of the issues have now been resolved and incorporated into the bills.