Broad and Cassel is pleased to provide you with summaries of bills passed in the recent 2006 Florida Legislature. It has been my pleasure to represent many business clients before the Legislature over the past 24 years. As you know, government impacts all of us in many ways, and it is critical for you to understand the issues and changes which may affect your business.
In the recent session, over 2700 bills were filed. Nearly 400 bills passed both the House and Senate. In order to help you review summaries of legislation, we have divided them into general areas of interest.
The summaries were compiled by staff at the Legislature. Many of these bills have not yet been acted on by the Governor and are still subject to veto. It is important to read the actual language of any bill, not just a summary, before making any decision based on a new law.
Our Broad and Cassel attorneys will be glad to help you determine how any new law may affect your interests. Please let me know if I can be of help to you in providing more information regarding these changes in Florida law.
As Florida’s premier business law firm, Broad and Cassel hopes to help you make sense of public policy issues at every level. Please let us know if we can be of service to you.
Doug Mannheimer, Partner
850-681-6810
dmannheimer@broadandcassel.com
Summary Sections
Agriculture
Florida agriculture faced many challenges in 2005. This year’s bills covered everything from zoning to workers safety. For a summary of 2006 agriculture bills, visit the following summary:
Banking & Insurance
Perhaps one of the most significant bills to pass in this year’s session concerned property insurance. On the eve of adjournment, legislators passed the hurricane insurance package, which is one of the most significant property insurance bills since major legislation following Hurricane Andrew in the early 1990s. Other important banking and insurance bills addressed issues such as the Citizens deficit, home insurance premiums, the Florida Hurricane Catastrophe Fund and the extension of Florida’s no-fault auto insurance system (the no-fault bill was vetoed). For a summary of all 2006 banking and insurance-related bills, visit the following summary:
Budget
This year’s $71.3-billion spending plan includes a record 8.6 percent increase for public schools and over $300-million in tax breaks. The budget also addressed property tax relief for disabled veterans, repeals of taxes on intangible property, rental car tax, and an annual sales tax holiday marking the beginning of hurricane season and the school year. For a summary of all 2006 budget-related bills, visit the following summaries:
- General Government Appropriations
- Government Efficiency Appropriations
- Health & Human Services Appropriations
- Justice Appropriations
- Transportation & Economic Development Appropriations
- Ways and Means
Business Services & Regulations
As a way to promote growth in the state, a $200 million economic incentive plan was passed to entice companies to relocate or expand in Florida, as well as a $45 million “quick action closing fund” controlled by the Governor. The rising cost of public utilities was also an issue in the Legislature, and a bill was passed to partially repeal a 2003 phone rate law that allowed companies to raise rates up to 20 percent without seeking the state’s approval.
For a summary of all 2006 business services and regulations-related bills, visit the following summaries at:
Criminal Justice
The need for improving technology in the criminal justice field enabled new laws to pass through this session dealing with the conviction and exoneration of criminals. One topic in the area of technology was a bill regarding DNA evidence and testing. Legislation was also passed to make or increase punishment for crimes including trespassing on the grounds of domestic shelters, hit and run accidents and sexual predators who posses certain drugs. For a summary of all 2006 criminal law-related bills, visit the summaries at:
Education
The Governor recently signed the 2006-2007 Education Budget, allocating $23 billion for K-20 education, an increase of more than 14 percent compared to the current fiscal year. This year’s education reform addressed future coursework, including a fourth year of mathematics in high school and civics classes to be taught in all schools. A bill passed creating mandatory school wellness policies and nutritional guidelines that encourage physical fitness and healthy eating. For a summary of all 2006 education-related bills, visit the following summary:
Community & Environment
The preservation of Florida’s fragile ecosystem was a primary focus of a handful of bills passed during this year’s session. A total of $310 million will be spent to purchase and preserve the 74,000-acre Babcock Ranch in southwest Florida; $300 million will be dedicated to preserve the state’s conservation land program, Forever Florida; and $135 million will be used to buy Everglades restoration property. Both urban and rural issues were considered in an effort to preserve the balance of land in the state while encouraging growth. In the area of community affairs, the Legislature concentrated on affordable housing, building safety, eminent domain, and growth management plans. For a summary of all 2006 environment-related bills, visit the summaries at:
Governmental Oversight & Productivity
Topics tackled under governmental oversight and productivity included administrative and contractual procedures, investment management, and public records.For a summary of all 2006 governmental oversight and productivity-related bills, visit the following summary:
Judiciary
This year’s legislative session saw an increase in bills involving elections. A proposal to extend legislators’ term limits was removed, the disclosure of soft money contributions to fundraising committees was changed, and all stores that sell hunting, trapping, or fishing licenses must have voter registration forms available for customers. A memorial to the U.S. Congress on national catastrophe insurance was also passed this year. For a summary of all 2006 Judiciary-related bills, visit the summaries at:
Health Care
Health care was a key focus in this year’s legislative session, specifically focusing on Florida’s aging population, medical research, and programs involving Medicare and Medicaid. One such program included the establishment of a brain tumor research center at the Evelyn F. and William L. McKnight Brain Institute at the University of Florida. Disease research earmarked a total of $30-million a year for four years of research in Alzheimer’s, cancer and tobacco-related diseases. For a summary of all 2006 health care-related bills, visit the following summaries at:
Transportation
Pressure has been placed on the Legislature to take more action involving safety in the transportation sector. In an effort to curb underage drinking and driving, adults will now lose their driver’s license if they are caught providing alcohol to an underage drinker. In addition to that bill, another piece of legislation was passed requiring motorists involved in crashes to stop, provide information and render aid to the other party involved. Mandatory prison sentences will be enforced on those persons involved in a deadly hit-and-run accident. For a summary of all 2006 transportation-related bills, visit the following summary at:
Legislative Summary
It should be noted that at the time of publication of this report, some acts have not been presented to the Governor and the time allotted for the Governor to approve or veto an act has not expired. Therefore, some acts identified as “passed” by both chambers may not become law. To verify the status of acts passed by the Legislature, talk to a Broad and Cassel attorney, visit the Legislature’s website, or call the Division of Legislative Information at 1-800-342-1827. To look at the actual text of each bill from this year's session, please click here. However, it is important to find the engrossed and enrolled final version of the bill. To be sure, please contact Broad and Cassel.
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Helpful Links
Florida Chamber of Commerce
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Florida House of Representatives
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Broad And Cassel’s Marco Rubio
In November 2006, Broad and Cassel attorney Marco Rubio will be sworn in as Speaker
of the Florida House of Representatives, making him the first Cuban American in
state history to hold this influential post. Representative Rubio will serve a two-year term. During the recent session he sat on the House of Representatives' Select Committee on Medicaid Reform, the Select Committee
to Protect Private Property Rights, the Fiscal Council, and the Rules and Calendar
Council.
Rep. Rubio is Of Counsel in the firm's Miami office. He focuses his law practice
in the areas of land use, zoning, procurement, and administrative law.
In preparation for his term as Speaker, Rep. Rubio, along with two other future
Speakers of the House, Rep. Ray Sansom and Rep. Dean Cannon, are
developing a bold vision for the future of Florida. This vision will be outlined
in a book titled “100 Innovative Ideas for Florida’s Future.” These 100 Innovative
Ideas will come from the people of Florida, through Idearaisers or from ideas submitted
at www.100ideas.org. In turn, the Representatives have pledged to be held accountable
for the results and progress of the ideas in the book.
“A lot of people in Florida feel what happens in Tallahassee and what happens in
their lives are not connected,” Rep. Rubio recently told the south Florida Sun-Sentinel.
He pledges that the book will not be left on a shelf, that the ideas will be relevant
to Floridians during the next two decades.
Celebrating 60 Years
On January 1, 1946, the law firm of Broad and Cassel was founded in Miami by Shepard Broad and Alvin Cassel. Broad arrived from New York in 1940 and was captivated by the beauty and growth potential of south Florida. Cassel was the son of a pioneer Miami family that endured the ravages of mosquitoes and the 1926 hurricane to take part in the rebirth of south Florida after a catastrophic natural disaster. Established with a focus on real estate and banking clients, the small Miami Beach law firm steadfastly grew with the philosophy of hiring exceptional attorneys for superior client service.
As a leader in the market for 60 years, Broad and Cassel has played an integral role in shaping Florida’s landscape by combining the firm’s deep knowledge of the state’s economy, history, people, businesses, and leadership with superior legal support and solutions for clients.
Today, Broad and Cassel is a statewide, full-service law firm with nearly 180 attorneys and 200 staff in eight offices around Florida. We serve clients in all major industries with issues statewide. From routine matters to the most complex, Broad and Cassel stands committed to providing our clients with the best legal representation available in the State of Florida. Broad and Cassel offers each client a myriad of resources, industry knowledge and trial skills to work for the best result possible. Consequently, we have organized the firm into 26 practice groups, bringing together teams of lawyers and support staff focused on specific industries and areas of law.
Whatever changes the future brings in the Florida business community, Broad and Cassel will be ready. With the strength and flexibility of resources, we have a team of attorneys possessing the motivation, skills and intellect to learn and understand the needs of any sector of industry and to represent them at the highest level of professionalism.