2007 Florida Legislature Post-Session Report What You Should Know About Significant Bills Passed in Special Session A and the Regular Legislative Session 2007 Florida Legislature Post-Session Report Attorneys at Law with offices at: Atlanta Tallahassee One Atlantic Center 215 South Monroe Street, Suite 500 1201 West Peachtree Street NW, 32301-1866 Suite 3000 888.224.9191 30309-3455 Tampa 866.755.9191 Corporate Center Three Miami at International Plaza 4000 International Place 4221 W. Boy Scout Boulevard 100 SE Second Street 33607-5780 33131-2114 888.223.9191 800.486.0140 West Palm Beach Orlando Esperante’ CNL Center at City Commons 222 Lakeview Avenue, Suite 1400 450 S. Orange Avenue, Suite 500 33401-6149 32801-3336 888.659.9191 888.849.9191 Web Site St. Petersburg www.CarltonFields.com One Progress Plaza 200 Central Avenue, Suite 2300 33701-4352 888.821.9191 HOW TO USE THIS REPORT This is a summary of significant legislation that passed in 2007 Special Session A (January) and the 2007 Regular Session (March-May) of the Florida Legislature. This report does not include legislation considered during 2007 Special Session B (June). Please note that this report does not summarize every piece of legislation enacted, nor is it meant to be an exhaustive section-by-section analysis of those bills included. The goal of this report is to provide a general overview of legislative actions that are likely to be of interest to our clients, attorneys, and consultants. As of this writing, many of the bills in this report are awaiting review of the Governor and are subject to the Governor’s veto authority. The reader is therefore encouraged to check the ultimate status of any bill by visiting the Legislature’s web site (www.leg.state.fl.us). Please select the “Enrolled” (ER) version of the bill. Chapter Law citations and final legislative staff analyses of bills are also available on the Legislature’s web site. This report was compiled in substantial part using public records data from the Florida Senate and the Florida House of Representatives. Photo credits are given to Mark Foley and Meredith Hill, photographers, Florida House of Representatives and The Florida Memory Project. CARLTON FIELDS GOVERNMENT CONSULTING TEAM Rheb H. Harbison, Jr. Nancy G. Linnan Senior Government Consultant Tallahassee Office Managing Partner Tallahassee − 850.513.3615 Chair, Government Law & Consulting [email protected] Practice Group Tallahassee − 850.513.3611 Michael H. Olenick [email protected] Attorney Tallahassee − 850.513.3607 Tami McQueen [email protected] Legislative Administrative Assistant Tallahassee − 850.425.3383 [email protected] GOVERNMENT LAW AND CONSULTING PRACTICE GROUP Every individual or business entity is touched by, regulated, or otherwise shaped to some degree by government. The right to petition government and participate in the process of law making is as old and vital to democracy as is the U.S. Bill of Rights that guarantees it. The lawyers and government consultants of Carlton Fields’ Government Law and Consulting practice are highly experienced in dealing with all levels of government on behalf of our clients. We have a thorough understanding of government’s inner Legislative Lobbying, workings -- and an extensive network of Cabinet & State Agencies Representation personal and professional relationships -- We identify, track, analyze, and summarize within government to address effectively a legislative and Cabinet proposals and wide variety of legislative, administrative, political and policy considerations in both procedural, and political issues. the legislative and executive branches, We offer our clients access to a assessing their impact on client operations. comprehensive and skilled team for strategic We also assist in drafting legislation and planning and counseling, governmental amendments to legislation, help pass or affairs, lobbying, regulatory and defeat legislative proposals, and use our administrative law, growth management and extensive political relationships to advocate land use, education and elections law. a client's position efficiently. We counsel Business Planning clients regarding political contributions and for Government Services the regulatory reporting requirements of We help our clients develop new strategies political contributions. and positions. We can assist in investigating We represent our clients before state opportunities, or planning and advocating agencies and the Cabinet on a wide range legislative, permitting or regulatory solutions. of issues such as rule and policy making, We consult on all possible approaches to permitting, professional and business accomplishing a client’s goals in connection licensure. with governmental privatization, Government Contracts Consulting public/private partnerships, appropriations, We provide guidance and technical financing, and economic development assistance in responding to government programs. procurement documents, or when challenging recommendations for award through a bid protest. We have extensive experience in government contracting, and can help our clients understand and address the risks of negotiating, contracting, and Government Law and Consulting performing under agreements for goods or Practice Group Members services. Biographical information on any of our practice group members may be obtained by Legal and Planning Resources visiting the Carlton Fields web site at We assist in comprehensive planning and www.CarltonFields.com. land use regulations; developments of regional impact; local zoning; government Nancy G. Linnan, Chair Tallahassee contracting; public construction projects; H. Ray Allen Tampa representation of government entities and Erin E. Banks St. Petersburg Steven J. Brodie Miami special districts; local taxing districts; Steven A. Capriati Tallahassee government operations, financing and Martha Harrell Chumbler Tallahassee management; water resources; utilities; and Cristin A. Conley Tampa transportation, including seaports, airports, Kelly A. Cruz-Brown Tallahassee and others. Christine Riley Davis Tallahassee Administrative Michael P. Donaldson Tallahassee In addition to our legislative activities, we Robert C. Downie, II Tallahassee Lawrence M. Gold Atlanta work closely with agencies and commissions W. Douglas Hall Tallahassee of Florida’s executive branch and of local Rheb H. Harbison, Jr.*^ Tallahassee governments throughout the state. We Lynda J. Harris West Palm Beach represent regulated industries and others in Ben J. Hayes St. Petersburg administrative proceedings, parliamentary, Donald E. Hemke Tampa regulatory, or other procedural areas. We Daniel Hernandez Tallahassee also assist in obtaining proper permits and Daniel C. Johnson Orlando licenses, and advise clients on the range of Gary W. Johnson Orlando options available for addressing concerns Nicole Kibert Tampa raised by agency rulemaking and rule Laurel E. Lockett Tampa Jason M. Murray Miami challenges. Michael H. Olenick^ Tallahassee Local Government Representation Scott P. Pence Tampa We also represent our clients before local R. Terry Rigsby Tallahassee governments in areas including, but not Roger D. Schwenke Tampa limited to, policy-making, procurement of Christopher Smart Tampa goods or services, permitting, licensure, land Jackson E. Sullivan* Tallahassee Stacey K. Sutton West Palm Beach use, compliance with local regulations. Darrin Taylor Tallahassee John E. Taylor Atlanta Kenneth A. Tinkler Tampa Beth A. Vecchioli* Tallahassee Joseph Verdone* West Palm Beach Thomas E. Warner West Palm Beach Richard Winters* Tallahassee *Non-lawyer; ^Lobbyist Note: Mr. Harbison and Mr. Olenick are members of the Florida Association of Professional Lobbyists. TABLE OF CONTENTS CORPORATE, CONSTRUCTION, BUSINESS & PROFESSIONAL REGULATION, AND TAXATION LEGISLATION HB 9 .................................................................................................................................. 3 Trespass/Railroad Property HB 83 .................................................................................................................................. 3 Venture Capital Investments SB 90 .................................................................................................................................. 5 Motor Fuel Taxes/Commercial Aviation SB 108 .................................................................................................................................. 5 Minority & Underrepresented Student Achievement SB 134 .................................................................................................................................. 5 Cardrooms/Dominoes/Gaming HB 211 .................................................................................................................................. 6 Hurricane Preparedness/Sales Tax SB 252 .................................................................................................................................. 6 Business Filings SB 282 .................................................................................................................................. 7 Designated Drivers SB 404 .................................................................................................................................. 7 Construction & Housing Industry/Regulation HB 426 .................................................................................................................................. 8 Ads/False, Deceptive, Misleading