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Senate Passes Legislation to Require Civil Citations for Certain Youth Offenders

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Legislation decriminalizes many non-violent, first time offenses committed by adolescents

The Florida Senate today passed House Bill 301, sponsored by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe). The legislation reforms requirements regarding the issuance of civil citations for certain non-violent youthful offenses.
“Almost daily, we see local, state, and even national news stories, where law enforcement officers are brought in to referee the day-to-day challenges that come with raising children,” said Senate President Joe Negron (R-Stuart), who has made juvenile justice reform a priority of his two-year term as Senate President. “We should not, and we will not tolerate serious wrongdoing by young people, but at the same time, we should not stigmatize non-violent, first-time youth offenders with a criminal record that could impact their ability to further their education, join our military, or earn credentials for many other important jobs.”
House Bill 301 requires law enforcement officers to issue a civil citation, or require the juvenile’s participation in a diversion program, when the juvenile admits to committing certain first-time misdemeanor offenses including: possession of alcoholic beverages, criminal mischief, trespass, and disorderly conduct, among others.
“There is a difference between the lack of judgement and maturity, and deliberate criminal behavior. When young people commit serious, violent crimes, there needs to be an appropriate legal penalty to ensure public safety. However, for many non-violent, first-time offenders, a civil citation is a better mechanism to help a young person learn from his or her mistakes without a criminal record that could haunt them throughout their adult life,” said President Pro Tempore Flores.
Under House Bill 301, for offenses where law enforcement officers have the discretion to issue a civil citation, but instead arrest the juvenile, they must provide written documentation articulating why an arrest was chosen over a civil citation. The legislation also specifies the option of the issuance of a civil citation or referral to a similar diversion program, does not apply to a juvenile who is alleged to have committed, has plead guilty to, or has been convicted of a felony, or a misdemeanor offense arising out of an episode in which the juvenile is also alleged to have committed a felony.

Senator Linda Stewart Passes Environmental Protection Bill

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In keeping with her record of defending the environment, State Senator Linda Stewart (D-Orlando) on Friday unanimously passed an environmental bill in a full vote on the Senate floor. SB 198 requires the Governor to make appointments to fill a vacancy on the Environmental Regulation Commission (ERC) within 90 days and requires a 4-vote majority of its members when approving rules pertaining to air quality or water quality standards.
“We are making certain that any future vacancies on the Environmental Regulation Commission—a commission that oversees our standards for ground water quality, air pollution standards, and emissions standards—are timely filled so that the interests of the people are fully protected,” said Sen. Stewart. “Unless there is representation from the environmental and local government communities, we jeopardize public health for the narrow pursuit of private profit.”
SB 198 is in response to a 3-2 ruling made last summer by the ERC that increased the allowable concentrations of over two dozen known carcinogens in Florida’s waters. At the time, two vacancies for representatives from the environmental and local government communities likely enabled the commission to approve proposed changes that allowed higher concentrations of cancer-causing agents in our water. Some of the approved industrial chemicals—such as benzene, cyanide and beryllium—are released by paper mills, dry cleaning companies, oil and gas drilling companies, and during fracking operations.

Senate Approves River and Lakes Bill Championed by Senator Bradley

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Senate Bill 234, filed by Senator Rob Bradley (R-Fleming Island), which appropriates $20 million annually for projects dedicated to the restoration of the St. Johns River and its tributaries or the Keystone Heights Lake Region passed the full Senate on Thursday, April 14th.
“The St. Johns River and Keystone Lakes define the character of the northeast region of our state,” said Senator Bradley, a lifelong resident of Clay County.  “In addition to providing scenic beauty and recreational opportunities to local residents, these natural resources attract visitors from across the state and nation.  I am proud that the Florida Senate recognizes the value of these resources to those of us who reside in northeast Florida and the state.”
The legislation appropriates funds from the Land Acquisition Trust Fund to be used for land management and land acquisition and for increasing recreational opportunities and access to the River and its tributaries or the Keystone Heights Lake Region.  The bill now awaits action by the Florida House of Representatives.

Senator Linda Stewart Sets Ball in Motion to Fund Florida Land Conservation in 2018

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Refusing to accept the lack of progress in meeting the voters’ mandate, State Senator Linda Stewart (D-Orlando) has begun efforts to restore critical funding to Florida Forever, assuring the popular land buying program is poised to begin protecting the state’s environment by early next year.
“Seventy-five percent of the voters who approved Amendment 1 in 2014 did so to restore the Florida Forever funding,” said Senator Stewart. “We need to set aside the land to provide the natural systems and services tied to our quality of water.”
Stewart is seeking to set aside 25 percent of the Land Acquisition Trust Fund annually for land acquisition in the Florida Forever program. The program is Florida’s blueprint for conservation of our unique natural resources and is the state’s premier conservation and recreation lands acquisition program. In 2014, about 4.2 million voters demonstrated the pulse of the public for dedicated funding for land and water conservation when they approved Amendment 1.
But efforts to dedicate state funding earmarked under Amendment 1 for land purchases have been stymied since its passage, leading to sharp criticisms of the legislature’s disregard of the voters’ will.
Seeking to reverse the funding raids and lock-in an early commitment, Senator Stewart reached across the aisle to enlist Senator Rob Bradley (R-Fleming Island), who chairs the Senate Appropriations Subcommittee on the Environment and Natural Resources, and has indicated his support. “I would like to see us do more for Florida Forever than we do right now,” he said. “I look forward to working with you on Florida Forever and other environmental issues.”
Senator Stewart said that Senator Bradley’s assurances are promising and lay the groundwork for legislative efforts to finally comply with the constitutional provision Florida voters approved. “This could be a bigger and greater bill for next year,” Stewart said.

Senate Passes Plan to Reduce Harmful Discharges from Lake Okeechobee

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Legislation Authorizes Major Expansion of Southern Storage

The Florida Senate today passed Senate Bill 10, Water Resources, by Senator Rob Bradley (R-Fleming Island). The legislation authorizes a significant increase in southern water storage to further the goal of reducing and eventually eliminating harmful discharges from Lake Okeechobee, a priority of Senate President Joe Negron (R-Stuart).
“For too long toxic blue-green algae has been harming the health of both our citizens and our economy. This legislation provides a clear plan to address this plague in a manner that benefits communities across South Florida,” said President Negron. “Senate Bill 10 will make an important difference to families, communities, and the economy east and west of the Lake, as well as southern communities that have waited too long for additional investments in meaningful economic development to expand workforce training and job opportunities.”
“Our goal was to explore all available options to deliver this much-needed and long-anticipated storage south of Lake Okeechobee,” said Senator Bradley. “These algal blooms have occurred before and will occur again unless high volume discharges from Lake Okeechobee are stopped and pollution in the Lake Okeechobee basin is abated. Algal blooms are not simply an unsightly nuisance for residents and tourists. They bring real health risks to humans and wildlife and result in severe economic damage to local businesses.”
Senate Bill 10 expressly prohibits the use of eminent domain, leveraging land already owned by the State of Florida and the South Florida Water Management District (SFWMD), land swaps, and purchases, to minimize impacts on agricultural workers while achieving 240,000 to 360,000 acre feet of storage. The legislation also provides grants to establish training programs for agricultural workers.
“I promised my constituents that we would dramatically expand southern storage by leveraging existing water infrastructure, and utilizing a combination of state, local, and private land, in a manner that respects the interests of the agricultural community and private land owners. After twenty years of talking about southern storage, this legislation establishes a concrete plan to achieve this critical component of the Comprehensive Everglades Restoration Plan in a reasonable amount of time,” continued President Negron.
“Nearly half way through the original timeline of CERP, less than 20 percent of the estimated total cost has been funded. It is time to invest in additional projects needed to complete the plan and that is exactly what the voters have been trying to tell us in passing Amendment 1,” continued Senator Bradley. “This legislation demonstrations fidelity to the Constitution by using Amendment 1 funds, the very funds Florida voters dedicated to improving our environment, to address a critical and ongoing problem that impacts our residents, visitors, business, economy and quality of life.”
Senate Bill 10, Water Resources
•            Requires the SFWMD to develop a plan to provide a minimum of 240,000 acre-feet of storage through a deep storage reservoir and water quality treatment features, using the A-2 parcel, land swaps, and purchases. The district may consider alternate configurations using the A-1 parcel if a minimum of 360,000 acre-feet of additional storage can be achieved (60,000 acre-feet currently provided by A-1 FEB).
•            Requires the SFWMD to use DMSTA2 modeling to determine the amount of acreage needed in order to meet water quality standards.
o            Directs the SFWMD to negotiate modifications of lease terms on state and district owned lands to make land available for the reservoir project.
o            Directs SFWMD to negotiate for the acquisition of privately-owned property, if needed for the reservoir project, through purchase or land swap.
o            The bill terminates the current PRIDE work programs, on state owned land using inmate labor for agricultural work, in light of the high unemployment rate in the EAA for these types of jobs. This land would then be available to swap for any privately-owned land needed for the reservoir project, further minimizing any impact on agricultural workers in the EAA.
•            Establishes a number of timelines for achieving milestones for approval of the post authorization change report and requires reporting to the Legislature.
•            Moves up the date for the EAA reservoir project planning study to commence if the post-authorization report is not submitted for Congressional approval, or Congressional approval is not obtained in accordance with the time frames in the bill.
•            Clarifies that ongoing Comprehensive Everglades Restoration Plan (CERP) projects will continue to receive funding.
•            Authorizes the district to begin planning and discussion with the owners of the C-51 Reservoir project to determine if the state should acquire or enter into a public private partnership for this water storage facility that will add approximately 60,000 acre feet of storage south of the Lake.
•            Establishes the Everglades Restoration Agricultural Community Training Program in DEO for the purpose of stimulating and supporting training and employment programs, to match state and local training programs with identified job skills associated with non-agricultural employment opportunities in areas of high agricultural unemployment.  The bill expresses the Legislature’s intent to promote the implementation of the Airglades Airport in Hendry County and an inland port in Palm Beach County to create job opportunities in areas of high agricultural unemployment.
•            Establishes a revolving loan fund to provide funding assistance to local governments and water supply entities for the development and construction of water storage facilities.
•            Revises the uses of the Water Protection and Sustainability Program Trust Fund to include the water storage facility revolving loan program.
•            Provides funding for the reservoir projects, including an authorization to bond funds from the Land Acquisition Trust Fund (LATF). The total cost is approximately $1.5 billion, half of which could be paid by the federal government. The bill includes an appropriation of $64 million from the LATF for the 2017-18 Fiscal Year.
•            Allows for funds not spent on the reservoir projects to be used for other Everglades Restoration projects as provided in Legacy Florida.
Background:
Record rainfall this past year resulted in unseasonably high water levels in Lake Okeechobee, which threatened the integrity of the Herbert Hoover Dike. To maintain safe water levels, the Army Corps of Engineers authorized the release of billions of gallons of water from the Lake to the St. Lucie and Caloosahatchee Rivers. Such freshwater discharges cause significant environmental damage by lowering the salinity levels of the estuaries and introducing pollutants into coastal waters. Due to the discharges this summer, massive amounts of toxic algae that originated in Lake Okeechobee were sent to the estuaries and coastal waterways.
As a result of the high volume discharges, coastal communities experienced enormous harmful algal blooms with devastating impacts not only to the ecology of local waterways, but also to residents, fishermen, and local businesses. The extent and severity of the blooms resulted in Governor Scott declaring a state of emergency in four Florida counties.
For more information, please visit www.FLSenate.gov.

Senate Passes Budget Focused on Education

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Unprecedented K-12 Per Student Funding, Key
Investments in Higher Education, State Employee Raises

The Florida Senate today unanimously passed Senate Bill 2500, the 2017-18 General Appropriations Act. The budget prioritizes funding for Florida’s Pre-K–20 public education system, while setting aside more than $3 billion in total reserves. The budget also makes critical investments in Florida’s state workforce with salary increases for state employees.
Statement from Senate President Joe Negron (R-Stuart):
“If you look around the country, if you see vibrant, sustainable economic development and high paying jobs, you almost always see a higher education presence. The Senate budget reflects our commitment to elevate that environment here in Florida, while at the same time setting aside a more than $3 billion rainy day fund.”
“Over the last ten years, student tuition has nearly doubled, pushing the hope of higher education out of reach for too many students. The Senate budget invests in the opportunity of higher education with historic increases in both need and merit-based student financial aid. Merit-based aid is increased by 79 percent, including restoring the highest level of the Bright Futures Scholarship. Need-based aid is increased by 81 percent, including a $121 million increase for the Florida Student Assistance Grant, which is estimated to cover all unfunded students, and a 100 percent increase in First Generation Matching Grants.”
Statement from Senator Jack Latvala (R-Clearwater), Chair of the Senate Committee on Appropriations:
“A dedicated and qualified state workforce is critical to our economy. For far too long, our state employees have gone without an increase in their pay. Our budget provides an across the board pay increase for state employees, with meaningful pay increases in areas where we have had trouble with employee retention. We significantly increase the starting salary for corrections officers, and appropriate impactful raises throughout the department ranks. The Senate budget also includes a five percent pay increase for all sworn law enforcement officers, and targeted pay increases throughout the judicial branch for judges, assistant public defenders, and our statewide Guardian Ad Litem offices.”

Summary of SB 2500, the 2017-2018 General Appropriations Act

Total Budget: $83.2 billion [$31.6 billion GR; $51.6 billion TF]
Major Statewide Issues
Education Capital Outlay
Total: $616.6 million [$599.8 million PECO TF; $16.8 million GR]

  • Public School Repairs and Maintenance – $75 million
  • Charter School Repairs and Maintenance – $75 million
  • Developmental Research Schools – $5.8 million
  • Public School Special Facilities – $50.8 million
  • Florida College System Repairs and Maintenance – $38.0 million
  • Florida College System Projects – $129.2 million
  • State University System Repairs and Maintenance – $45.6 million
  • State University System Projects – $176.0 million
  • School for the Deaf and Blind Repairs and Maintenance – $2.2 million
  • Public Broadcasting – Health and Safety Issues – $3.2 million
  • FSU Developmental Research School Arts & Sciences Building – $7.5 million
  • University Challenge Grants – $4.3 million
  • High Growth Public Schools – $3 million
  • Flagler College – $1.0 million

In addition: $45 million in authorization for SUS Capital Improvement Student Fee Projects
Compensation and Benefits:
Florida Retirement System – Total $96.9 million [$85.5 million GR; $11.4 million TF] (Normal Costs and Unfunded Actuarial Liability)

  • State Agencies – $15.4 million GR; $11.4 million TF
  • School Boards K-12 – $54.1 million GR
  • State Universities – $11.1 million GR
  • Community Colleges – $4.9 million GR

State Group Health Insurance – Total $36.5 million [$23.3 million GR; $13.2 million TF]
Pay Issues – Total $219.7 million [$147 million GR; $72.7 million TF]

  • State Employee Pay Increase – $103.9 million [$43.3 million GR; $60.7 million TF]
  • Correctional Officer Pay Increase – $57.9 million [$56.3 million GR; $1.5 million TF]
  • State Law Enforcement Pay Increase – $14.8 million [$4.9 million GR; $9.9 million TF]
  • Assistant Public Defender Pay Increase – $5.2 million [$4.5 million GR; $0.7 million TF]
  • Judicial Pay Increase $38 million GR
  • Pay Issues – Total $219.7 million [$147 million GR; $72.7 million TF]

State Employee Pay Increase – $103.9 million [$43.3 million GR; $60.7 million TF]

  • $1,400 increase for employees making $40,000 or less
  • $1,000 increase for employees making more than $40,000
  • Effective Date October 1, 2017

All Pay Issues below are in lieu of the overall State Employee Pay Increase (Except for the Veterans’ Affairs certified nurse assistant, pay issue)

  • Correctional Officer Pay Increase – $57.9 million [$56.3 million GR; $1.5 million TF]
    • Minimum Salary adjustment as follows
      • Correctional Officer $30,926 to $33,500
      • Correctional Officer Sergeant $32,783 to $36,850
      • Correctional Officer Lieutenant $35,061 to $40,535
      • Correctional Officer Captain $37,576 to $44,589
    • Minimum $2,500 increase for current employees in above classes.
      • Effective Date July 1, 2017
  • State Law Enforcement Pay Increase – $14.8 million [$4.9 million GR; $9.9 million TF]
    • 5% Pay Increase for Sworn Law Enforcement Officers
    • Effective Date July 1, 2017
  • Assistant Public Defender Pay Increase – $5.2 million [$4.5 million GR; $0.7 million TF]
    • 6% Pay Increase for Assistant Public Defenders with a minimum 3 years of experience in the Judicial Circuit they are currently employed.
    • Effective Date July 1, 2017
  • Criminal Conflict and Civil Regional Counsels – $105,000 – $115,000
  • Judicial Pay Increase – $38 million GR
    • Supreme Court Justice: $162,200 to $192,945
    • DCA Judge: $154,140 to $183,298
    • Circuit Judge: $146,080 to $173,651
    • County Judge: $138,020 to $164,003
  • Special Pay Issues
    • Critical market pay for Statewide Guardian Ad Litem Office to address recruitment and retention issues
    • Critical market pay for certified nursing assistant employed by the Department of Veterans Affairs (roughly $2,000 annual adjustment per employee)
    • Set minimum salary for law enforcement officers working for the Florida Highway Patrol at $36,222.
    • Authorized a $5,000 critical market pay adjustment for sworn law enforcement officers working for the Florida Highway Patrol residing in, and assigned to duties in, Pasco County.
    • Authorizes the Department of Corrections to grant a one-time $1,000 hiring bonus to correctional officers filling a position in a facility that had at least a ten percent vacancy rate in positions during the prior calendar quarter.
    • Authorizes the Department of Corrections to grant a ten percent pay additive for correctional officers attaining a correctional behavioral mental health certification and filling a post at a mental health facility.
  • Health Insurance Benefits
    • Six percent increase on overall premiums (state pays the full amount of the increase for employees)
    • Retain current prescription drug copayment tiers ($7 for generic; $30 for preferred brand name drugs; and $50 for nonpreferred brand name drugs)
    • Authorize dependent eligibility verification audit

PreK-12 Education
Summary
Total Appropriations: $14.8 billion [$11.6 billion GR; $3.2 billion TF]
Total Funding – Including Local Revenues: $24.3 billion [$14.8 billion state funds; $9.5 billion local funds]
Major Issues
Early Learning Services
Total: $1.1 billion [$571.8 million GR; $525.3 million TF]

  • Voluntary Prekindergarten Program – $411.8 million GR; including $1.6 million for 549 additional students and $15 million for a 3.8% increase in the Base Student Allocation [from $2,437 to $2,529 per student]
  • School Readiness Program – $596.3 million [$137.1 million GR; $459.2 million TF]

Public Schools/K12 FEFP
Total Funding: $21 billion [$11.5 billion state funds; $9.5 billion local funds]

  • FEFP Total Funds Increase is $790 million or 3.92%
  • FEFP Increase in Total Funds per Student is $209, a 2.91% increase [from $7,205 to $7,414]
  • Enrollment Workload Increase of $197 million state funds for additional 27,368 students
  • No Change in Required Local Effort (RLE) Millage of 4.638
  • Federally Connected Student Supplement – total $13 million
  • ESE Guaranteed Allocation – additional $22.8 million to maintain pre-recession funding level
  • Supplemental Academic Instruction – additional $40.3 million for workload and for the Extended Day Program for Intensive Reading for 300 Elementary Schools, including funding for improved schools and a summer school component
  • Student Transportation – $20.3 million increase for a total of $455.5 million
  • Instructional Materials – $13.3 million increase, including an additional $3 million for dual enrollment materials, for a total of $242 million
  • Elimination of Virtual Education Contribution – reduction of $14.6 million
  • Digital Classrooms – $20 million reduction for a total of $60 million

Public Schools/K12 Non-FEFP

  • Mentoring Programs – $17.3 million GR
  • Gardiner Scholarships – additional $34.1 million for total of $107.4 million GR
  • School District Matching Grants for school district foundations – $3.4 million increase for a total of $7.4 million GR
  • School and Instructional Enhancement Grants – $39.7 million GR
  • Exceptional Education Grants – $6.6 million [$4.3 million GR; $2.3 million TF]
  • Florida School for the Deaf & Blind – $51.6 million [$47 million GR; $4.6 million TF]

State Board of Education
Total: $238.5 million [$85.7 million GR; $152.7 million TF]

  • Assessment and Evaluation – $109.2 million [$52.9 million GR; $56.3 million TF]
  • Transfer of $2.7 million to State Board of Community Colleges [$2.5 million GR and $.2 million TF]

Higher Education
Summary
Total Appropriations: $5.9 billion [$4.6 billion GR; $1.3 billion TF]
Total Funding – Including Local Revenues: $8.9 billion [$5.9 billion state funds; $3.0 billion local]
Major Issues
District Workforce
Total: $525.4 million [$293.5 million GR; $188.6 million TF; $43.3 million tuition/fees]

  • Workforce Development – $366.9 million [$292 million GR, $74.9 million TF]
  • Perkins Career and Technical Education grants and Adult Education and Literacy funds – [$113.7 million TF]
  • No tuition increase

Florida College System
Total: $2.2 billion [$914.1 million GR; $231.8 million TF; $1 billion tuition/fees]

  • Developmental Education Reduction – ($55) million GR
  • Restoration of nonrecurring EETF base funds – $13.2 TF
  • FRS adjustment – $4.9 million GR
  • No tuition increase

State University System
Total: $5.1 billion [$2.9 billion GR; $262.8 million TF; $2.0 billion tuition/fees]

  • Performance Based Funding – $525 million
    • $250 million State Investment [GR]
    • $275 million Institutional Investment
      • Reprioritized from the base of each institution
  • World Class Faculty and Scholar Program – $75 million GR
  • State University Professional and Graduate Degree Excellence Program – $55 million GR
  • Additional Funds for Preeminent and Emerging Preeminent State Universities – $50 million GR
  • TEAM Grants – $55 million GR
  • No tuition increase

Private Colleges
Total: $168.1 million GR

  • Effective Access to Student Education (EASE) Grants (formerly FRAG) – Increases student award amount from $3,000 to $3,300.
  • ABLE Grant – Increases student award amount from $1,500 to $2,500.
  • Historically Black Colleges and Universities Funding Increase – $2.3 million

Student Financial Aid
Total: $716 million [$257.7 million GR, $458.3 million TF]

  • Bright Futures – Academic Scholars Award Increase and Textbook Stipend – $151.9 million TF
  • Bright Futures – Academic Scholars Summer Funding – $39.5 million TF
  • Florida Student Assistance Grants – Increase Need-Based Aid – $120.95 million GR
  • First Generation Matching Grant – Double State Match – $5.3 million GR
  • Florida Farmworker Scholarship Program – $500,000 GR
  • Benacquisto Scholarship Program – Workload and Expansion – $1.4 million GR
  • Children/Spouses of Deceased or Disabled Veterans Workload Increase – $893,931 GR
  • Need-based educational benefits to pay living expenses during semester breaks for active duty and honorably discharged members of the Armed Forces – $1 million GR

Vocational Rehabilitation
Total: $218.6 million [$50.2 million GR, $168.4 million TF]

  • Adults with Disabilities funding – $6.4 million GR

Health and Human Services
Summary
Total Budget: $35,517.0 million [$9,555.9 million GR; $25,961.1 million TF]; 31,824.07 positions
Major Issues
Agency for Health Care Administration
Total: $27,679.4 million [$6,598.1 million GR; $21,081.3 million TF]; 1,546.5 positions

  • Low Income Pool – $607.8 million [$0.5 million GR; $607.3 million TF]
  • Nursing Home Prospective Payment Transition – $57.6 million [$5.0 million GR; $52.6 million TF]
  • Reduction of Hospital Rate Enhancements – ($258.6) million [($99.2) million GR; ($159.4) million TF]

Agency for Persons with Disabilities
Total: $1,333.5 million [$548.0 million GR; $785.5 million TF]; 2,711.50 positions

  • Service Provider Rate Increase to Address Federal Fair Labor Standards Act – $41.0 million [$15.7 million GR; $25.3 million TF]
  • Waiver Support Coordinator Rate Increase – $7.9 million [$3.0 million GR; $4.9 million TF]
  • Licensed Practical Nurse Rate Increase – $3.4 million [$1.3 million GR; $2.1 million TF]

Department of Children and Families
Total: $3,164.3 million [$1,726.5 million GR; $1,437.8 million TF]; 11,944.5 positions

  • State Mental Health Treatment Facilities Additional Staffing – 40.0 FTE; $2.9 million GR
  • State Mental Health Treatment Facilities OPS Restoration – $2.7 million GR
  • Community-Based Care Lead Agencies Funding Increase – $14.3 million [$11.3 million GR; $3.0 million TF]
  • Child Care Regulatory Compliance – 16.0 FTE; $1.6 million [$0.9 million GR; $0.7 million TF]
  • Maintenance Adoption Subsidies – $6.3 million [$2.8 million GR; $3.5 million TF]
  • Prescription Drug Abuse Treatment Federal Grant – $27.2 million TF
  • Additional Prescription Drug Abuse Prevention Funding – $2.5 million GR

Department of Elder Affairs
Total: $313.5 million [$141.9 million GR; $173.6 million TF]; 439.5 positions

  • Alzheimer’s Respite Care – 249 slots – $3.0 million GR
  • Community Care for the Elderly (CCE) Program – 372 slots – $3.0 million GR
  • Home Care for the Elderly (HCE) Program – 274 slots – $1.0 million GR
  • Public Guardianship Services – 286 slots – $0.8 million GR
  • Specialized Alzheimer’s Day Care Center Rate Increase – $3.0 million GR

Department of Health
Total: $ 2,884.5 million [$531.1 million GR; $2,353.4 million TF]; 14,064.57 positions

  • Epidemiology, Surveillance, and Outbreak Control Workload – $1.9 million [$1.0 million GR; $0.9 million TF]
  • Child Protection Teams – $ 1.4 million GR
  • Poison Control Centers – $3.7 million GR
  • Office of Compassionate Use Workload – 9.0 FTE; $0.8 million TF

Department of Veterans Affairs
Total: $139.7 million [$10.3 million GR; $129.4 million TF]; 1,117.5 FTE

  • Complete Construction of 7th State Veterans’ Nursing Home – $38.7 million TF
  • Veterans’ Benefits and Assistance Workload – 10.0 FTE; $0.8 million GR

Civil and Criminal Justice
Summary
Total Budget: $5.069.1 billion [$4.133.5 billion GR; $935.6 million TF]; 45,809.50 FTE
Major Issues

  • Funding the Department of Corrections health services deficit – $18.0 million
  • Funding a new residential mental health facility – $16.4 million GR
  • Funding half of State Courts Technology Comprehensive Plan – $14.0 million; 45 FTE

Attorney General/ Legal Affairs
Total: $328.1 million [$55.2 million GR; $272.9 million TF]; 1,411.50 FTE

  • Criminal appeals workload – 10 FTE and $0.8 million GR
  • Information Technology workload – 3 FTE and $0.1 million GR; $0.2 million TF
  • Information Technology infrastructure improvements – $0.5 million GR; $0.1 million TF
  • Increase in the Federal Victims Assistance and Compensation (VOCA) Grants – $17.6 million TF
  • Statewide prosecution case management system – $0.8 million TF
  • Leased office space cost increase – $0.3 million GR; $0.2 million TF
  • Increased cost of statewide prosecution – $0.3 million TF

Department of Corrections
Total: $2.43 billion [$2.36 billion GR; $74.1 million TF]; 24,238.00 FTE

  • Funding the Department of Corrections health services deficit – $18.0 million GR
  • New residential mental health facility – $16.4 million GR
  • Motor vehicles – $0.3 million GR
  • Enhance education and training program – $1.5 million GR
  • Fixed capital outlay for repair and maintenance of DOC facilities – $6.4 million GR

Florida Department of Law Enforcement (FDLE)
Total: $291.8 million [$107.5 million GR; $184.3 million TF]; 1,844.00 FTE

  • Fixed capital outlay for new Pensacola Regional Operations Center – $1.0 million TF
  • Sexual assault kit backlog reduction plan – 5 FTE and $0.8 million GR
  • Improve sexual offender and predator registry – $1.9 million TF
  • Increase trust fund authority for law enforcement training – $2.2 million TF
  • Increase sexual assault kit grants – $0.4 million TF
  • Enhance missing children response and investigations – 9 FTE and $0.7 million TF
  • Unsolved case website – $0.2 million GR
  • Funds final year of Computerized Criminal History (CCH) database – $5.0 million TF

Department of Juvenile Justice
Total: $576.3 million [$417.5 million GR; $158.8 million TF]; 3,269.50 FTE

  • PACE Centers for Girls – $3.6 million GR
  • Funds state share of juvenile detention cost share – $2.5 million GR
  • Increases the number of juvenile residential commitment beds – $5.2 million GR
  • Funds enhanced evidence-based services for residential programs – $5.3 million TF
  • Funds the SNAP Program for young children -$1.1 million TF
  • Fixed capital outlay for repair and maintenance of department-owned facilities – $6.5 million GR

State Court System
Total: $528.0 million [$436.6 million GR; $91.4 million TF]; 4,408.50 FTE

  • Funding half of State Courts Technology Comprehensive Plan – $14.0 million; 45 FTE
  • Case management resources – $1.40 million; 20 FTE
  • Address additional 3rd DCA courthouse costs – $0.1 million GR
  • Naltrexone injections to treat opioid- and alcohol-addicted offenders – $2.5 million GR
  • Veterans’ Courts – $0.8 million GR

Justice Administration
Total: $902.8 million [$748.6 million GR; $154.3 million TF]; 10,506.00 FTE

  • Increased due process funding for death penalty cases – $1.3 million GR
  • State attorney workload – $0.4 million in GR, $0.4 million in TF

Clerks of the Court

  • Address clerk revenue deficits – $25.0 million nonrecurring GR for CFY 2016-17 and a conforming bill that redirects $25.0 million in recurring GR to the clerks.

Transportation, Tourism and Economic Development
Summary
Total Budget: $13.4 billion [$434.8 million GR; $13.0 billion TF]; 13,275.5 positions
Major Issues

  • Transportation Work Program – $9.9 billion TF
  • Affordable Housing Programs – $274.4 million TF
  • Economic Development Incentive Programs, Projects and Initiatives – $83.4 million TF
  • Economic Development Partners – $135.8 million TF
  • Library Grants and Initiatives – $39.4 million GR
  • Cultural and Museum Grants and Initiatives – $24.2 million (TF & GR)
  • Historic Preservation Grants and Initiatives – $11.8 million (TF & GR)
  • Motorist Modernization Project and Enterprise Data Infrastructure – $17.5 million TF
  • National Guard Tuition Assistance – $4.5 million GR

Department of Economic Opportunity
Total: $1.4 billion [$300.8 million GR; $1.1 billion TF]; 1,538.5 positions

  • Economic Development Incentive Programs, Projects and Initiatives – $83.4 million TF includes:
    • Economic Development Toolkit Payments and Initiatives – $83.4 million TF
    • Payments for existing contracts-$38.4 million
    • Quick Action Closing Fund-$45.0 million
  • Economic Development Partners – $129.2 million TF includes:
    • Enterprise Florida (EFI) – $23.5 million TF
    • VISIT Florida – $76 million TF
    • Florida Sports Foundation – $4.7 million TF
    • Space Florida – $19.5 million TF [$12.5 million recurring; $7 million nonrecurring]
    • Institute for the Commercialization of Public Research –$5.5 million TF [$1 million recurring; $4.5 million nonrecurring]
  • Workforce Development Programs, Projects, and Initiatives – $22.4 million TF includes:
    • Quick Response Training Program – $16.0 million TF
    • Workforce Development Projects and Initiatives – $7.6 TF
  • Affordable Housing Programs – $274.4 million TF:
    • SHIP – $130.9 million TF (allocated to local governments), includes:
      • More flexibility in the SHIP program regarding rent subsidies and rental assistance
      • $5.2 million allocated for homeless Challenge Grants
    • State Housing Programs – $143.5 million TF includes:
      • At least 50 percent for the SAIL Program
      • $10 million for competitive grant program for housing developments designed for persons with developmental disabilities
      • $20 million for workforce housing to serve low-income persons and certain households in the Florida Keys
    • Housing and Community Development Programs, Projects, and Initiatives – $26.1 million TF includes:
      • Housing and Community Development Projects and Initiatives – $23.8 million TF
      • Technical and Planning Assistance and Competitive Florida Partnership Program – $1.3 million TF
      • Building Homes for Heroes-$1 million TF

Department of State
Total: $141.0 million [$104.5 million GR; $36.5 TF]; 412 positions

  • State Aid to Libraries – $25.2 million GR
  • Libraries – $15.5 million GR o Library Construction Grant Ranked List – $5.3 million GR
  • Library Technology Grants – $8.2 million GR
  • Library Cooperatives – $2 million recurring
  • Cultural & Museum Program Support and Facilities Grants – $29.1 million [$27.6 million GR; $1.5 million TF]
  • Historic Small Matching and Facilities Grants – $11.7 million GR
  • County Elections Assistance – $1.2 million GR

Department of Transportation
Total: $10.9 billion TF; 6,299 positions
Transportation Work Program – $9.9 billion TF:

  • Highway and Bridge Construction – $4.2 billion
  • Resurfacing and Maintenance – $1.2 billion
  • Design and Engineering – $1.2 billion
  • Right of Way Land Acquisition – $733.3 million
  • Public Transit Development Grants – $639.7 million
  • Rail Development Grants – $237.7 million
  • County Transportation Programs:
    • Small County Road Assistance Program (SCRAP) – $30.0 million
    • Small County Outreach Program (SCOP) – $64.3 million (includes $9 million for Small Cities)
    • Other County Transportation Programs – $55.6 million
  • Aviation Development Grants – $257.1 million
  • Seaport and Intermodal Development Grants – $188.0 million
  • Economic Development Transportation (“Road Fund”) Projects – $24.1 million TF
  • Shared-Use Non-Motorized Trail Network – $25 million
  • Transportation Disadvantaged Program Grants – $54.1 million

Department of Military Affairs
Total: $86.3 million [$29.5 million GR; $56.9 million TF; 453 positions]

  • Armories – $6.0 million GR
  • Community Outreach Programs (Forward March and About Face) – $2 million recurring GR
  • Secure and Harden State Readiness Centers – $2.0 million GR
  • Tuition Assistance for Florida National Guard – $4.2 million GR

Department of Highway Safety and Motor Vehicles
Total: $476.8 million TF; 4,414 positions

  • Florida Highway Patrol:
    • Replacement Of In-Car Digital Video Cameras- $3.6 million TF
  • Motorist Modernization Project – Phase I and II – $14.0 million TF
  • Enterprise Data Infrastructure – $3.5 million TF
  • Maintenance and Repairs of Facilities – $3.0 million TF

Division of Emergency Management
Total: $395.3 million TF; 157 positions

  • Federally Declared Disaster Funding, excluding state match – $310.5 million:
    • Communities – $293.3 million
    • State Operations – $17.2 million
  • Statewide Notification and Alert System – $3.5 million TF
  • Residential Construction Mitigation – $4.0 million TF

The Environment and Natural Resources
Summary
Total Budget: $3.8 billion ($506.3 million GR; $693.5 million LATF; $2.6 billion Other TF); 8,671 positions
Major Issues
Department of Agriculture & Consumer Services
Total: $1.7 billion ($208.6 million GR; $23.1 million LATF; $1.5 billion TF); 3,614 positions

  • Wildfire Suppression Equipment $3 million TF
  • Florida Forest Service Grants for Endangered Species $1.2 million TF
  • Citrus Greening Research $8 million TF
  • Farm Share and Food Banks $2.2 million GR
  • Agricultural Best Management Practices Partnership Agreements $1.4 million TF
  • Agriculture Education and Promotion Facilities $4.6 million TF
  • Citrus Health Response Program $7.1 million TF
  • Kissimmee Animal Diagnostic Lab $4.1 million GR
  • State Farmers Markets Facility Improvements $1 million TF
  • Critical Building Repairs and Maintenance $2 million GR
  • African Snail Eradication Program $2.3 million TF
  • Child Nutrition Program Grants $99.2 million TF

Department of Citrus
Total: $33.1 million ($33.1 million TF); 39 positions

  • Advertising/Promotion $2.7 million TF

Department of Environmental Protection
Total: $1.7 billion ($213.1 million GR; $609.2 million LATF; $862.4 million TF); 2,899.5 positions

  • Everglades Restoration $144.0 million ($32.0 million LATF; $112.0 million TF)
  • Northern Everglades Restoration $34.0 million ($28.2 million LATF; $5.8 million GR)
  • St. John River/Keystone Heights Restoration, Public Access & Recreation $20 million LATF
  • Florida Keys Area of Critical State Concern $25 million LATF
  • Hurricane Recovery Beach Projects $50.0 million GR
  • Beach Management Funding Assistance $50 million LATF
  • Springs Restoration $50 million LATF (base funding)
  • Indian River Lagoon Septic to Sewer Assistance Grants $20 million GR
  • Water Projects $67.3 million GR
  • Florida Recreation Development Assistance Program (FRDAP) $5.4 million GR
  • State Parks Maintenance and Repairs $22.9 million TF
  • Petroleum Tanks Cleanup Program $110 million TF
  • Total Maximum Daily Loads (TMDLs) $7.4 million GR
  • Drinking Water & Wastewater Revolving Loan Programs $18.4 million GR; $226.9 million TF
  • Hazardous Waste/Site Cleanup $8.5 million TF
  • Small County Solid Waste Management Grants $3.0 million TF
  • Small County Wastewater Treatment Grants $15 million ($13 million TF; $2 million GR)
  • Lake Apopka $5 million LATF
  • Local Parks $3.2 million GR
  • Water Management Districts’ Minimum Flows and Levels Support $1.9 million GR

Fish & Wildlife Conservation Commission
Total: $372.7 million ($81.2 million GR; $61.2 million LATF; $230.2 million TF); 2,118.5 positions

  • Apollo Marine Fish Hatchery $3.5 million ($1.75 million GR; $1.75 million TF)
  • Boating Infrastructure and Improvement Program $5.7 million TF
  • Artificial Fishing Reef Construction $.6 million ($.3m GR & other TF)
  • Derelict Vessel Removal $1.5 million GR
  • Black Bear Conflict Reduction $.5 million GR
  • Building Improvements $.6 million TF

General Government
Summary
Total Budget: $2 billion [$299.3 million GR; $1.7 billion Other TFs]; 11,350 positions
Major Issues
Department of Business & Professional Regulation
Total: $152.3 million [$1.9 million GR; $150.3 million TF]; 1,618 positions

  • Promoting Florida’s Hospitality Program – $1 million TF
  • Legal Costs-Division of Alcoholic Beverages and Tobacco – $.4 million GR

Department of Financial Services
Total: $386.7 million [$28.2 million GR; $358.5 million TF]; 2,617.50 positions

  • Florida Planning, Accounting & Ledger Management (PALM) Project – $41.9 million TF
  • Florida Accounting & Information Resource (FLAIR) Staff Augmentation – $.6 million TF
  • Fire College and Arson Lab Repairs and Maintenance – $.4 million TF
  • Workers’ Compensation Insurance Fraud – $.2 million TF; 3 positions
  • Fire College Building Maintenance – $.4 million TF
  • Local Government Fire Services – $5.8 million GR
  • Increase Contracted Services Budget Authority – $1.6 million TF
  • Increase State Fire Marshall Grant Programs – $.9 million TF
  • K-12 Public School Funding Transparency Website – $.5 million GR

Department of the Lottery
Total: $167.9 million TF; 420 positions

  • Statewide Document Management System – $.8 million TF
  • Information Technology upgrades to software, hardware, and equipment – $.3 million TF

Department of Management Services
Total Budget: $619.8 million [$56.5 million GR; $563.3 million TF]; 833 positions

  • Florida Facilities Pool – $36.9 million [$25.2 million GR; $11.7 million TF]
  • FDLE Pensacola Regional Operations Center – $28.2 million [$26.5 million TF; $1.7 million GR]
  • Dependent Eligibility Verification Services – $1 million TF
  • Florida Interoperability Network and Mutual Aid – $2 million GR
  • Statewide Law Enforcement Radio System (SLERS) Staff Augmentation, Equipment and Independent Verification and Validation Services – $1.6 million TF
  • Division of Retirement Information Technology Contract – $2.1 million TF
  • Fleet Management Information System – $.5 million TF • Seminole County Computer Aided Dispatch System – $2 million GR

Division of Administrative Hearings
Total Budget: $26.1 million TF; 241 positions
Agency for State Technology
Total: $67.8 million TF; 227 positions

  • Infrastructure Replacement and License Consolidation – $.3 million TF
  • Security Training – $.2 million TF

Public Service Commission
Total: $25 million TF; 273 positions

  • Replacement of Motor Vehicles – $.1 million TF

Department of Revenue
Total: $577.6 million [$212.7 million GR; $365 million TF]; 5,121 positions

  • Fiscally Constrained Counties – $26.2 million GR
  • Aerial Photography – $.2 million GR

Senate Passes Plan to Reduce Harmful Discharges from Lake Okeechobee

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Legislation Authorizes Major Expansion of Southern Storage

The Florida Senate today passed Senate Bill 10, Water Resources, by Senator Rob Bradley (R-Fleming Island). The legislation authorizes a significant increase in southern water storage to further the goal of reducing and eventually eliminating harmful discharges from Lake Okeechobee, a priority of Senate President Joe Negron (R-Stuart).
“For too long toxic blue-green algae has been harming the health of both our citizens and our economy. This legislation provides a clear plan to address this plague in a manner that benefits communities across South Florida,” said President Negron. “Senate Bill 10 will make an important difference to families, communities, and the economy east and west of the Lake, as well as southern communities that have waited too long for additional investments in meaningful economic development to expand workforce training and job opportunities.”
“Our goal was to explore all available options to deliver this much-needed and long-anticipated storage south of Lake Okeechobee,” said Senator Bradley. “These algal blooms have occurred before and will occur again unless high volume discharges from Lake Okeechobee are stopped and pollution in the Lake Okeechobee basin is abated. Algal blooms are not simply an unsightly nuisance for residents and tourists. They bring real health risks to humans and wildlife and result in severe economic damage to local businesses.”
Senate Bill 10 expressly prohibits the use of eminent domain, leveraging land already owned by the State of Florida and the South Florida Water Management District (SFWMD), land swaps, and purchases, to minimize impacts on agricultural workers while achieving 240,000 to 360,000 acre-feet of storage. The legislation also provides grants to establish training programs for agricultural workers.
“I promised my constituents that we would dramatically expand southern storage by leveraging existing water infrastructure, and utilizing a combination of state, local, and private land, in a manner that respects the interests of the agricultural community and private land owners. After twenty years of talking about southern storage, this legislation establishes a concrete plan to achieve this critical component of the Comprehensive Everglades Restoration Plan in a reasonable amount of time,” continued President Negron.
“Nearly half way through the original timeline of CERP, less than 20 percent of the estimated total cost has been funded. It is time to invest in additional projects needed to complete the plan and that is exactly what the voters have been trying to tell us in passing Amendment 1,” continued Senator Bradley. “This legislation demonstrations fidelity to the Constitution by using Amendment 1 funds, the very funds Florida voters dedicated to improving our environment, to address a critical and ongoing problem that impacts our residents, visitors, business, economy and quality of life.”

Senate Bill 10, Water Resources

  • Requires the SFWMD to develop a plan to provide a minimum of 240,000 acre-feet of storage through a deep storage reservoir and water quality treatment features, using the A-2 parcel, land swaps, and purchases. The district may consider alternate configurations using the A-1 parcel if a minimum of 360,000 acre-feet of additional storage can be achieved (60,000 acre-feet currently provided by A-1 FEB).
  • Requires the SFWMD to use DMSTA2 modeling to determine the amount of acreage needed in order to meet water quality standards.
    • Directs the SFWMD to negotiate modifications of lease terms on state and district owned lands to make land available for the reservoir project.
    • Directs SFWMD to negotiate for the acquisition of privately-owned property, if needed for the reservoir project, through purchase or land swap.
    • The bill terminates the current PRIDE work programs, on state owned land using inmate labor for agricultural work, in light of the high unemployment rate in the EAA for these types of jobs. This land would then be available to swap for any privately-owned land needed for the reservoir project, further minimizing any impact on agricultural workers in the EAA.
  • Establishes a number of timelines for achieving milestones for approval of the post?authorization change report and requires reporting to the Legislature.
  • Moves up the date for the EAA reservoir project planning study to commence if the post-authorization report is not submitted for Congressional approval, or Congressional approval is not obtained in accordance with the time frames in the bill.
  • Clarifies that ongoing Comprehensive Everglades Restoration Plan (CERP) projects will continue to receive funding.
  • Authorizes the district to begin planning and discussion with the owners of the C-51 Reservoir project to determine if the state should acquire or enter into a public private partnership for this water storage facility that will add approximately 60,000 acre-feet of storage south of the Lake.
  • Establishes the Everglades Restoration Agricultural Community Training Program in DEO for the purpose of stimulating and supporting training and employment programs, to match state and local training programs with identified job skills associated with non-agricultural employment opportunities in areas of high agricultural unemployment.  The bill expresses the Legislature’s intent to promote the implementation of the Airglades Airport in Hendry County and an inland port in Palm Beach County to create job opportunities in areas of high agricultural unemployment.
  • Establishes a revolving loan fund to provide funding assistance to local governments and water supply entities for the development and construction of water storage facilities.
  • Revises the uses of the Water Protection and Sustainability Program Trust Fund to include the water storage facility revolving loan program.
  • Provides funding for the reservoir projects, including an authorization to bond funds from the Land Acquisition Trust Fund (LATF). The total cost is approximately $1.5 billion, half of which could be paid by the federal government. The bill includes an appropriation of $64 million from the LATF for the 2017-18 Fiscal Year.
  • Allows for funds not spent on the reservoir projects to be used for other Everglades Restoration projects as provided in Legacy Florida.

Background:

Record rainfall this past year resulted in unseasonably high water levels in Lake Okeechobee, which threatened the integrity of the Herbert Hoover Dike. To maintain safe water levels, the Army Corps of Engineers authorized the release of billions of gallons of water from the Lake to the St. Lucie and Caloosahatchee Rivers. Such freshwater discharges cause significant environmental damage by lowering the salinity levels of the estuaries and introducing pollutants into coastal waters. Due to the discharges this summer, massive amounts of toxic algae that originated in Lake Okeechobee were sent to the estuaries and coastal waterways.
As a result of the high volume discharges, coastal communities experienced enormous harmful algal blooms with devastating impacts not only to the ecology of local waterways, but also to residents, fishermen, and local businesses. The extent and severity of the blooms resulted in Governor Scott declaring a state of emergency in four Florida counties.

Plan for Major Expansion of Southern Water Storage Heads to Senate Floor

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Legislation Would Protect Coastal Counties from Polluted Discharges

The Senate Committee on Appropriations, chaired by Senator Jack Latvala (R-Clearwater), today passed Senate Bill 10, Water Resources, by Senator Rob Bradley (R-Fleming Island). The legislation furthers the goal of reducing and eventually eliminating harmful discharges from Lake Okeechobee. The bill expressly prohibits the use of eminent domain, leveraging land already owned by the State of Florida and the South Florida Water Management District (SFWMD), land swaps, and purchases, to minimize impacts on agricultural workers while achieving 240,000 to 360,000 acre feet of storage. The amendment also provides grants to establish training programs for agricultural workers.
“I am very grateful for the input from my colleagues, constituents and fellow citizens across Florida as we work to advance this critical piece of legislation,” said Senate President Joe Negron (R-Stuart).  “After twenty years of talking about southern storage, the time to act is now. This legislation will make an important difference to families, communities, and the economy east and west of the Lake, as well as southern communities who have waited too long for investments in meaningful economic development to expand workforce training and job opportunities.”
“Our goal was to explore all available options to deliver this much-needed and long-anticipated storage south of Lake Okeechobee,” said Senator Bradley. “The legislation now advancing to the Senate floor provides a solution to the plague of harmful, polluted discharges and toxic blue-green algae that respects the interests of the agricultural community and the rights of private land owners, while achieving our goal to dramatically increase southern storage.”
Senate Bill 10, Water Resources

  • Requires the SFWMD to develop a plan to provide a minimum of 240,000 acre-feet of storage through a deep storage reservoir and water quality treatment features, using the A-2 parcel, land swaps, and purchases. The district may consider alternate configurations using the A-1 parcel if a minimum of 360,000 acre-feet of additional storage can be achieved (60,000 acre-feet currently provided by A-1 FEB).
  • Requires the SFWMD to use DMSTA2 modeling to determine the amount of acreage needed in order to meet water quality standards.
    • Directs the SFWMD to negotiate modifications of lease terms on state and district owned lands to make land available for the reservoir project.
    • Directs SFWMD to negotiate for the acquisition of privately owned property if needed for the reservoir project through purchase or land swap.
    • The bill terminates the current PRIDE work programs on state owned land using inmate labor for agricultural work in light of the high unemployment rate in the EAA for these types of jobs. This land would then be available to swap for any privately owned land needed for the reservoir project further minimizing any impact on agricultural workers in the EAA.
  • Establishes a number of timelines for achieving milestones for approval of the post?authorization change report and requires reporting to the Legislature.
  • Moves up the date for the EAA reservoir project planning study to commence if Congressional approval of the post-authorization change report has not occurred.
  • Clarifies that ongoing Comprehensive Everglades Restoration Plan (CERP) projects will continue to receive funding.
  • Authorizes the district to begin planning and discussion with the owners of the C-51 Reservoir project to determine if the state should acquire or enter into a public private partnership for this water storage facility that will add approximately 60,000 acre-feet of storage south of the Lake.
  • Establishes the Everglades Restoration Agricultural Community Training Program in DEO for the purpose of stimulating and supporting training and employment programs, to match state and local training programs with identified job skills associated with non-agricultural employment opportunities in areas of high agricultural unemployment.  The bill expresses the Legislature’s intent to promote the implementation of the Airglades Airport in Hendry County and an inland port in Palm Beach County to create job opportunities in areas of high agricultural unemployment.
  • Establishes a revolving loan fund to provide funding assistance to local governments and water supply entities for the development and construction of water storage facilities.
  • Revises the uses of the Water Protection and Sustainability Program Trust Fund to include the water storage facility revolving loan program.
  • Provides funding for the reservoir projects, including an authorization to bond funds from the Land Acquisition Trust Fund (LATF). The total cost is reduced from $2.4 billion to approximately $1.5 billion, half of which could be paid by the federal government. The amendment includes an appropriation of $64 million from the LATF for the 2017-18 Fiscal Year.
  • Allows for funds not spent on the reservoir projects to be used for other Everglades Restoration projects as provided in Legacy Florida.

Background:
Record rainfall this past year resulted in unseasonably high water levels in Lake Okeechobee, which threatened the integrity of the Herbert Hoover Dike. To maintain safe water levels, the Army Corps of Engineers authorized the release of billions of gallons of water from the Lake to the St. Lucie and Caloosahatchee Rivers. Such freshwater discharges cause significant environmental damage by lowering the salinity levels of the estuaries and introducing pollutants into coastal waters. Due to the discharges this summer, massive amounts of toxic algae that originated in Lake Okeechobee were sent to the estuaries and coastal waterways.
As a result of the high volume discharges, coastal communities experienced enormous harmful algal blooms with devastating impacts not only to the ecology of local waterways, but also to residents, fishermen, and local businesses. The extent and severity of the blooms resulted in Governor Scott declaring a state of emergency in four Florida counties.
 
 

President Negron Discusses Plan for Major Water Storage Expansion

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Senator Rob Bradley (R-Fleming Island) today filed an amendment to Senate Bill 10, Water Resources, which furthers the goal of reducing and eventually eliminating harmful discharges from Lake Okeechobee. The legislation continues to prohibit the use of eminent domain, leveraging land already owned by the State of Florida and the South Florida Water Management District (SFWMD), land swaps, and purchases, to minimize impacts on agricultural workers while achieving 240,000 to 360,000 acre feet of storage. The amendment also provides grants to establish training programs for agricultural workers.
“I promised my constituents that we would dramatically expand southern storage by leveraging existing water infrastructure, and utilizing a combination of state, local, and private land, in a manner that respects the interests of the agricultural community and private land owners,” said Senate President Joe Negron (R-Stuart). “This legislation will ensure we achieve that goal and provide measureable results in a reasonable amount of time.”
“We have incorporated the feedback gained from months of conversations with the agricultural community, scientists, business owners, community advocates, and others to develop a meaningful solution to address the plague of harmful, polluted discharges, while at the same time taking steps to improve the economic circumstances of our fellow citizens who live in communities south of the Lake,” said Senator Bradley.
“The status quo is not acceptable for anyone. The harmful discharges from Lake Okeechobee are causing horrible impacts to the health of both our citizens and our economy East and West of the Lake. Meanwhile, communities like Pahokee, Belle Glade, and South Bay are facing extremely high levels of unemployment, while a great many families are living in poverty,” continued President Negron. “Strategic southern storage addresses the environmental and economic challenges facing communities, families, and businesses on all sides of the Lake.”
The Strike-All Amendment to SB 10/PCS 601444 does the following:

  • Revises the Everglades Agricultural Area (EAA) Reservoir Project to require the SFWMD to develop a plan to provide a minimum of 240,000 acre-feet of storage through a deep storage reservoir and water quality treatment features, using the A-2 parcel, land swaps, and purchases. The district may consider alternate configurations using the A-1 parcel if a minimum of 360,000 acre-feet of additional storage can be achieved (60,000 acre-feet currently provided by A-1 FEB).
  • Requires the SFWMD to use DMSTA2 modeling to determine the amount of acreage needed in order to meet water quality standards.
    • Directs the SFWMD to negotiate modifications of lease terms on state and district owned lands to make land available for the reservoir project.
    • Directs SFWMD to negotiate for the acquisition of privately owned property if needed for the reservoir project through purchase or land swap.
    • The bill terminates the current PRIDE work programs on state owned land using inmate labor for agricultural work in light of the high unemployment rate in the EAA for these types of jobs. This land would then be available to swap for any privately owned land needed for the reservoir project further minimizing any impact on agricultural workers in the EAA.
  • Establishes a number of timelines for achieving milestones for approval of the post?authorization change report and requires reporting to the Legislature.
  • Moves up the date for the EAA reservoir project planning study to commence if Congressional approval of the post-authorization change report has not occurred.
  • Clarifies that ongoing Comprehensive Everglades Restoration Plan (CERP) projects will continue to receive funding.
  • Authorizes the district to begin planning and discussion with the owners of the C-51 Reservoir project to determine if the state should acquire or enter into a public private partnership for this water storage facility that will add approximately 60,000 acre?feet of storage south of the Lake.
  • Establishes the Everglades Restoration Agricultural Community Training Program in DEO for the purpose of stimulating and supporting training and employment programs, to match state and local training programs with identified job skills associated with non-agricultural employment opportunities in areas of high agricultural unemployment.  The bill expresses the Legislature’s intent to promote the implementation of the Airglades Airport in Hendry County and an inland port in Palm Beach County to create job opportunities in areas of high agricultural unemployment.
  • Establishes a revolving loan fund to provide funding assistance to local governments and water supply entities for the development and construction of water storage facilities.
  • Revises the uses of the Water Protection and Sustainability Program Trust Fund to include the water storage facility revolving loan program.
  • Provides funding for the reservoir projects, including an authorization to bond funds from the Land Acquisition Trust Fund (LATF). The total cost is reduced from $2.4 billion to approximately $1.5 billion, half of which could be paid by the federal government. The amendment includes an appropriation of $64 million from the LATF for the 2017-18 Fiscal Year.
  • Allows for funds not spent on the reservoir projects to be used for other Everglades Restoration projects as provided in Legacy Florida.

Background:
Record rainfall this past year resulted in unseasonably high water levels in Lake Okeechobee, which threatened the integrity of the Herbert Hoover Dike. To maintain safe water levels, the Army Corps of Engineers authorized the release of billions of gallons of water from the Lake to the St. Lucie and Caloosahatchee Rivers. Such freshwater discharges cause significant environmental damage by lowering the salinity levels of the estuaries and introducing pollutants into coastal waters. Due to the discharges this summer, massive amounts of toxic algae that originated in Lake Okeechobee were sent to the estuaries and coastal waterways.
As a result of the high volume discharges, coastal communities experienced enormous harmful algal blooms with devastating impacts not only to the ecology of local waterways, but also to residents, fishermen, and local businesses. The extent and severity of the blooms resulted in Governor Scott declaring a state of emergency in four Florida counties.
The amendment will be considered at 2 p.m. on Wednesday, April 5, when Senate Bill 10 is heard in the Senate Committee on Appropriations.

Banking and Insurance Committee Passes Bill to Stabilize Workers' Compensation Rates

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The Committee on Banking and Insurance, chaired by Senator Anitere Flores (R-Miami, Monroe), today passed Senate Bill 1582, Workers’ Compensation Insurance, by Senator Rob Bradley (R-Fleming Island). The legislation addresses recent legal challenges and outlines several reforms needed to bring stability to the workers’ compensation rates paid by Florida businesses.
“For too long, laws concerning workers’ compensation have been caught in a tug-of-war between the Legislature and the Judiciary,” said Senate President Joe Negron (R-Stuart). “This cycle of protracted litigation creates an environment of instability for businesses and uncertainty for workers. Senator Bradley’s legislation is an important step towards a more stable rating system that provides fairness to both businesses and injured workers.
“Significant increases in the cost of workers’ compensation insurance make it difficult for businesses to develop long-term financial plans, which can lead to delays to the job creation and capital investment that fuels Florida’s economy,” said Senator Bradley. “This legislation concentrates efforts on stabilizing rates and improving competition between insurers, which is important for Florida businesses and the workers they employ.”
SB 1582 requires insurance carriers to authorize or decline requests for authorization from health care providers within three business days.  The request is deemed authorized if the insurance carrier fails to respond. The bill also requires a claimant to state with specificity the amount of each requested benefit at issue in a petition, and requires judges of compensation claims to dismiss petitions that do not contain such specificity.
The bill amends statutes relating to temporary total disability benefits and temporary partial disability benefits from 104 weeks to 260 weeks, consistent with the Florida Supreme Court decision in Westphal v. City of St. Petersburg. In keeping with the First District Court decision in Miles v. City of Clearwater, the bill deletes the prohibition against attorneys and others to receive a fee or other consideration unless approved by a Judge of Compensation Claims (JCC).
The legislation converts Florida to a loss cost state, similar to 38 other states that allow a rating or advisory organization to file the rates that are projected to cover losses. Under this system, insurers are required to file separately the remaining components of the rates needed to cover expenses and profit, known as loss costs multipliers, encouraging competition among insurers for the remaining components.
Attorney fees continue to be a major driver for rate increases. An effort to rein in those fees by the Legislature was overturned by the Florida Supreme Court in Castellanos v. Next Door Company, a 5-2 ruling last year.  Therefore, the legislation retains the statutory fee schedule for setting claimant attorney’s fees but directs the JCC to consider factors in each case and allows the JCC to decrease or increase the attorney fee subject to a maximum hourly rate of $250.  The legislation also provides that an insurer’s defense and cost containment expenses are excessive if they exceed 15 percent of the insurer’s incurred losses for the average of the three most recent calendar years. Each insurer must return amounts over 15 percent DCCE to employers via either a cash refund or credit toward the future purchase of insurance.