News & Notes

Updated: Medicaid Billing

Lawsuit
Two new counties, Gadsden and Madison, joined FAC litigation on Medicaid billing bringing us to 49 counties joining with us to fight this unfunded mandate. The state has 40 days from the time of our filing last week to reply to our suit.

Implementation Update
Last Friday on the FAC Medicaid Update call AHCA announced that they will not certify any dollars to DOR on May 7th delaying the first certification until June 7th.

Annual Conf: Hotel Rooms Alert

FAC's room block at the World Center Marriott is currently SOLD OUT on Wednesday night, June 20. If you do not need to stay Wednesday night, you can still book a room. Call (800) 564-3181; FAC's special rate is $129 single/double plus applicable taxes. However, if you need Wednesday night, you will need to book elsewhere. FAC is working on an alternate block of rooms nearby and will share this information as soon as it is available. If you have hotel rooms at the Marriott you do not plan to use, please cancel them as soon as possible so the hotel can accommodate as many attendees as possible. CLICK HERE to register online. Read More

2012 FAC Golf Outing

Beat the Pros...we mean Joes!
Test your golf skills against our Pros, I mean, Joes! At this year’s Golf Outing, FAC’s very own Executive Director, Chris Holley, and our NEW Enterprise Director, Scott Shalley, will be hosting a special “Closest to the Pin” Challenge. Each team will get a chance to tee off against our Pros Joes to win a prize. Trust us, winning a prize has never been so easy! Register now for this exciting event! CLICK HERE

County Detention Cost Estimates

The Department of Juvenile Justice is expected to release its estimates for county detention costs for FY 2012-1213 this week.   FAC will  post this information to its website as soon as they become public.

NACo Steering Committee Nominations and Presidential Appointments Underway

If you want a voice in creating the national legislative policies of the National Association of Counties then consider filling out a NACo nomination form to be appointed to one of their eleven steering committees, (Agriculture and Rural Affairs; Community and Economic Development; Environment, Energy and Land Use; Finance and Intergovernmental Affairs; Health; Human Services and Education; Justice and Public Safety; Labor and Employment; Public Lands; Telecommunications and Technology; and Transportation). Read More

Get Your 2012 FAC County Directory today!

The FAC Directory is the most comprehensive reference source for each of Florida’s 67 counties. In addition to contact information for county constitutional officers, department heads, and board administration it also includes: photos of each county commissioner; county seats, populations and county area size; Florida cabinet and state agency heads; and much, much more! Order your 2012 FAC County Directory by visiting our FAC Portal today!!

Numeric Nutrient Update

Federal Rule Challenge: There have been two sets of appeals filed with regard to Judge Hinkle’s Order on the Merits regarding the consolidated challenge of EPAs Numeric Nutrient rule, styled Federal Wildlife Federation, Inc., et al. v. Lisa P. Jackson, etc., et al. in the United States District Court for the Northern District of Florida. As you may recall, the Order upheld the EPA Administrator’s determination that numeric nutrient criteria are “necessary” for Florida waters to meet the requirements of the Clean Water Act and the promulgated lake and spring criteria, but invalidated the EPA’s stream criteria, which many contended was the most onerous and costly for Florida’s counties. Read More

Vice President Biden Visits Everglades

Vice President Joe Biden toured the Florida Everglades by airboat this week and praised the environmental and economic benefits of restoration projects helped by federal stimulus money. Top officials in attendance included Senator Bill Nelson, Representative Alcee Hastings, former Senator and Florida Governor Bob Graham, Jo-Ellen Darcy, Assistant Secretary of the U.S. Army Corps of Engineers; Rachel Jacobson, Department of the Interior's Acting Assistant Secretary for Fish and Wildlife; and Shannon Estenoz, Director of Everglades Restoration Initiatives at the Department of Interior. Read More

Eric Eikenberg to Lead Everglades Foundation

Eric Eikenberg, the former chief of staff for Governor Charlie Crist and U.S. Rep. Clay Shaw, has recently signed on to become the chief executive officer of the Everglades Foundation succeeding Kirk Fordham.   Mr. Eikenberg has most recently been working as senior policy adviser for Holland & Knight.    "I am honored to join the Everglades Foundation as its next chief executive officer,” said Eikenberg. “The mission is simple:  Save the Everglades. It is the source of water for more than 7 million Floridians and a driver of our economy. What we do now, will determine whether our generation leaves future generations with a vibrant, healthy, River of Grass.”

July is Bladder Cancer Awareness Month

In February of this year, the Florida Legislature passed a joint resolution declaring July 2012 as Bladder Cancer Awareness Month in the State of Florida. Carla Dean, President of the Bladder Cancer Foundation of Florida, has asked that your county also consider proclaiming July as Bladder Cancer Awareness Month to help inform the public that this cancer often goes undiagnosed and is often one of the more expensive cancers to treat. They have provided copies of the resolutions passed in the House and Senate for you to use as a model if you would like to participate. Ms. Dean can be contacted via email to bladdercancerfoundationoffl@gmail.com or at (239) 434-2489. Read More

HB 13 - Relating to Sovereignty Submerged Lands

HB 13 was submitted to the Governor for his signature. He has until May 5th to act.

HB 13 includes the following main terms:

• Maximum initial term of a standard lease for a private residential, multifamily or multi-slip dock or pier is 10 years. Lease is renewable for successive terms of up to 10 years if lessee complies with all terms, laws and rules.

HB 503 - Environmental Permit Streamlining

HB 503 was submitted to the Governor and he has until May 5th to act.

HB 503:

• Prohibits a local government from conditioning the approval of a development permit on an applicant obtaining a permit or approval from any other state or federal agency.
• Provides conditions under which DEP is authorized to issue permits in advance of the issuance of incidental take authorizations under the Endangered Species Act.

State Budget - Environment

Bill Signed by Governor

Below are many bills of interest signed by the Governor this week.  They are SB 1986, HB 639, HB 1263, HB 1389, HB 885, HB 1323, HB 37, SB 186, SB 278, HB 479, SB 524, HB 801, HB 947, HB 1355, HB 1099, SB 1968, HB 5003, HB 5401 and HB 7049.

SB 1986 - Water Management Districts (Budget Conference Report)

SB 1986 - Signed by Governor

HB 639 - Reclaimed Water

HB 639 - Signed by Governor

• Defines “reclaimed water” and provides that it is not subject to regulation in consumptive use permitting or under shortage and emergency orders until it has been discharged
• Eligible for funding as an “alternative water supply”

HB 1263 - Department of Health (amended by HB 999 / SB 820 - Septic Tanks)

HB 1263 - Signed by Governor

• Deletes mandatory inspections and Department of Health rulemaking from SB 550 (2010). Provides for a septic tank evaluation program once every five years. Although program specifics are state-wide, counties are not required to participate (may opt-in) and can implement only in portions of the county. Those counties with first magnitude springs must opt-out by a 60% majority vote.
• Existing programs are grandfathered in, with the exception of required point of sale evaluations.

HB 1389 - Water Storage & Water Quality

HB 1389 - Signed by Governor

• Encourages public-private partnerships to accomplish water storage and water quality improvements on private agricultural lands. When an agreement is entered into between a District or DEP and landowner, a baseline condition will be established to determine the extent of wetlands. This baseline will be considered the extent of wetlands for regulation for the duration of the agreement and after its expiration.
• Chambers concurred on amendment which provides for a Study Committee on Investor-Owned Water and Wastewater Utility Systems. See SB 738.

HB 885 - Secondary Metals

HB 885 - Signed by Governor

• Defines "restricted regulated metals property" and provides that cash transactions are prohibited. Payment must be made by check issued to the seller and payable to seller's bank account, with identification provided.
• Restricted metals include manhole covers, electric light pole or other utility structures, guard rails, street signs, funeral markers, railroad equipment, copper or aluminum condensing coil from A/C units, beer kegs, catalytic converters, brass valves and fittings, shopping carts and storm grates.

HB 1323 – Metal Theft

HB 1323 - Signed by Governor

• A secondary metals recycler who knowingly and intentionally violates Florida Statutes related to recordkeeping, law enforcement hold notices, purchases from sellers transporting without vehicles, or payments over $1000 is guilty of a third degree felony (formerly a first degree misdemeanor).
• Any person who knowingly and intentionally removes copper or other nonferrous metals from an electrical substation without authorization of the utility commits a first degree felony.

HB 37- Knowingly and Willfully Giving False Information to a Law Enforcement Officer

HB 37 - Signed by Governor

This is the legislation that came out of the Casey Anthony trial.  It makes it a third degree felony to knowingly and willfully give false information to a law enforcement officer who is investigating a missing child 16 years of age or younger; it was previously only a misdemeanor.  It should have no fiscal impact on counties.

SB 186 – Misdemeanor Pretrial Substance Abuse Programs

SB 186 - Signed by Governor
It expands the population of persons eligible to participate in misdemeanor pretrial substance abuse programs and could reduce county costs through less jail commitments. 

SB 278 - Preventing Deaths from Drug-Related Overdoses

SB 278 - Signed by Governor
This bill creates the “911 Good Samaritan Act” providing that a person experiencing a drug-related overdose or a person acting in good faith to seek medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted or penalized for certain drug related crimes. It is not expected to have a fiscal impact on counties.

HB 479 – Animal Control

HB 470 - Signed by the Governor
Among other things, it allows animal control agencies and humane societies to obtain drugs for the immobilization of animals using the same permit for obtaining drugs for euthanasia.  For those animal shelters that had to previously contract with veterinarians to obtain these drugs, there should be a cost savings.

SB 524 – Restraint of Incarcerated Pregnant Women

SB 524 - Signed by Governor
It creates the “Healthy Pregnancies for Incarcerated Women Act” which prohibits use of certain restraints on pregnant women in their third trimester or during labor, delivery or postpartum recovery.  The fiscal impact to counties if any, should be minimal.

HB 801 – Emergency 911 Service

HB 801 - Signed by Governor

This bill provides an exception to the confidentiality rules related to 911 callers by allowing a dispatcher to disclose the location of a confirmed coronary emergency to any private person or entity that owns an automated external defibrillator (AED) and modifies membership of E911 Board to include two additional county coordinators who are recommended by FAC. It should have no fiscal impact on counties.

HB 947 – Possession of a Firearm or Destructive Device During Commission of an Offense

HB 947 - Signed by Governor
This bill was prompted by a series of tragic deaths of law enforcement officers at the hands of convicted felons.  It imposes a 10 year minimum mandatory sentence for the offense of possession of a firearm by a felon if the felon was previously convicted of a certain specified felony offense and was in actual possession of a firearm at the time.  The fiscal impact to counties is indeterminate at this time.

HB 1355 – Protection of Vulnerable Persons

HB 1355 - Signed by Governor
This bill came from the Penn State and Syracuse universities’ sexual abuse cover-ups. It establishes stricter criminal penalties for individuals who fail to report abuse of children. It also authorizes additional spending to support victims of sexual abuse and to increase the state's capacity to process additional reporting. The measure also would impose fines of $1 million on public or private colleges and universities if they fail to report child abuse. The law previously only required reporting if the suspected abuser was a parent, guardian or responsible for the child's welfare.

HB 1099 - Stalking

HB 1099 - Signed by Governor
This bill creates a statutory cause of action for an injunction for protection against stalking. It could lead to increased jail commitments but the number of days is indeterminate at this time.

SB 1968 – Crime Labs

SB 1968 - Signed by Governor
It places a mandatory $100.00 fee on any person who pleads to or is convicted of a criminal offense in which the services of a local county-operated crime lab was used in the investigation or prosecution of the violation.  All fees collected will be deposited in the FDLE Operating Trust Fund and used to reimburse local county-operated crime labs.  This bill should generate additional funds for counties to operate crime labs.

HB 5003 - Article V Funding

HB 5003 - Signed by Governor 
Among other things, this bill exempts counties from having to increase annual funding for court-related functions by 1.5% for a period of one year under section 29.008, Florida Statutes.  This good bill saves all counties much needed money.

HB 5401 – DJJ Shared County/State Responsibility for Detention Costs

HB 5401 - Signed by Governor

This bill redefines the term "detention" to include respite beds for juveniles charged with domestic violence and authorizes DJJ to contract for these less restrictive and less costly beds for those youth who are charged with such crimes and placed in secure detention but who do not meet the criteria for detention.  It is estimated to reduce the Shared County/Juvenile Detention Cost Trust Fund by $2,000,000.00 in the first year alone.

HB 7049 – Human Trafficking

HB 7049 - Signed by Governor
It increases penalties for human trafficking offenses, both for labor services and commercial sexual activity, with additional penalty enhancements when the victims are minors.  Also provides for criminal penalties for massage therapists who practice without proper

HB 177- Inmate Reentry - VETOED

HB 177 was vetoed by Governor Scott.

It directed DOC to create a reentry program for nonviolent offenders with mandatory substance abuse and rehabilitative programming, as well as, adult education in certain instances.  Successful completion of the program would have made a person eligible for a modification of sentence to be determined by the court. The Governor vetoed the bill because he believed justice was not served by reducing the sentence of a person convicted of a crime.

EDR Releases state budget forecast

On May 1, 2012 the Florida Legislature Office of Economic and Demographic Research (EDR) released its most recent forecast of the State’s economic condition.  In Summary,  EDR reports that the state’s economy is slowly recovering and that Florida growth rates are slowly returning to more typical levels. But, drags are more persistent than past events, and it will take several years to climb completely out of the hole left by the recession. To view the entire report, please click here.

Criminal Justice Seminar

FAC is pleased to announce that a Criminal Justice and Detention Facility Seminar will be offered by the Pauly Jail Building Company on May 22, 2012 at The Club Treasure Island in Treasure Island, Florida. This full day seminar begins at 8:30 in the morning and will conclude at 3:30 pm with a preview of full size detention products and meeting with company representatives. For more information, including hotel and registration, please see their website at:
http://www.paulyjail.com/seminars/index.html. Read More

Turfgrass Symposium

The University of Florida/IFAS and the Florida Turfgrass Industries are hosting three regional Turfgrass Symposia throughout the state of Florida. Managing landscape plants and turfgrass properly is a key to preventing pollution of urban water bodies. This symposium presents the latest research results from the University of Florida IFAS on topics such as irrigation and fertilizer management, and using reclaimed water in landscape irrigation. The information should be of interest to county staff members engaged in environmental management, especially with residential areas. Read More

Housing Summit on the Elderly

The Florida Department of Elder Affairs announces its 1st Annual Statewide Aging in Place Housing Summit.   The summit will focus on aging in place issues for the wave of new baby boomers – approximately 9.7 million seniors by 2030. Panelists will present information on national and state aging trends and discuss the benefits and opportunities that aging in place offers for job creation, economic growth and financial impact to Florida’s economy. For additional information and to register please access the following link.   http://elderaffairs.state.fl.us/cfal/docs/2012_Housing_Summit.pdf

Housing Summit on the Elderly

The Florida Department of Elder Affairs announces its 1st Annual Statewide Aging in Place Housing Summit.   The summit will focus on aging in place issues for the wave of new baby boomers – approximately 9.7 million seniors by 2030. Panelists will present information on national and state aging trends and discuss the benefits and opportunities that aging in place offers for job creation, economic growth and financial impact to Florida’s economy. For additional information and to register please access the following link.   http://elderaffairs.state.fl.us/cfal/docs/2012_Housing_Summit.pdf

Department of Economic Opportunity

With the creation of the new Department of Economic Opportunity in 2011, a number of existing agencies and state programs were folded into the department. To understand how the agency is organized and what its priorities, DEO will be hosting a webinar on May 9, 2012 from 2:00 – 4:00 pm. Meet top officials of this new agency and hear their presentations on a range of timely topics important for communities. Learn about agency priorities and plans for 2012 and beyond. Gain insights on results of the 2012 Legislative Session Read More

Brownfields Workshop – SAVE THE DATE

The Brownfield Communities Network, in association with the National Association of Local Government Environmental Professionals (NALGP), will be hosting a Florida Brownfields Redevelopment Workshop on June 4, 2012 in Alachua, Florida. The workshop will provide useful information to those just learning about brownfields as well as those who are experts in the field. It will also present an opportunity for Florida’s brownfield community to come together, share ideas and challenges, and learn from practitioners. There will also be a special focus on small sites and rural communities. Read More