LEGISLATURE

Business did well during session

The business lobby said the legislative session was surprisingly good despite huge budget cuts and the passage of a guns-at-work law backed by the National Rifle Association.

By MONICA HATCHER

mhatcher@MiamiHerald.com

TALLAHASSEE -- Despite agonizing budget cuts that dominated debate during this year's legislative session, the business community said it fared relatively well, defeating a corporate-tax hike proposal, several insurance mandates and an arbitration bill that would have opened the door to lawsuits.

Overall, consumers did pretty well, too, according to Brad Ashwell, consumer advocate for the Florida Public Interest Research Group.

GUN LAW

There was one major disappointment for the business lobby, however. After a three-year battle, the National Rifle Association was the ultimate victor in the passage of a controversial guns-at-work law allowing workers with concealed-weapons permits to keep their guns in their parked cars on work sites -- despite objections from their employers.

The Florida Chamber of Commerce and Florida Retail Federation have already filed a lawsuit challenging the law.

''By and large, the guns-at-work bill aside, and considering the circumstances of the budget and all the other things going on, I think we will say it was a successful session,'' said Adam Babington, a lobbyist with the Florida Chamber of Commerce.

HEALTH INSURANCE

Small business owners will benefit particularly from the passage of a health insurance bill, he said, that will provide access to affordable health plans for 3.8 million uninsured Floridians.

Under a provision in the bill aimed at businesses with fewer than 50 employees, owners would receive help in deciding on low-cost coverage plans from a private-public corporation, which will also negotiate lower rates and services from regulated insurers.

''Anything that helps deal with the uninsured without imposing additional mandates on small business and employers is a good thing,'' Babington said.

REGULATORY ADVOCATE

Small business owners also won a voice in state government with the passage of legislation creating an advocate and a council that will look at how state regulations affect them.

Some sole proprietors and small business owners have complained about regulations that require burdensome paperwork and technology to comply.

''Small businesses need all the help they can get, especially here in the Keys,'' said Jackie Harder, president of the Key Largo Chamber of Commerce. ``Sometimes the things that need to be done can be overwhelming.''

Jose Gonzalez, a lobbyist with Associated Industries of Florida, said his organization watched issues of perennial importance to business: affordable housing and property taxes.

AFFORDABLE HOUSING

Headway was made, at least, on the affordable housing front, Gonzalez said.

His organization was pleased with a $300 million allocation for affordable housing, an increase over last year. The measure included additional dollars for first-time home buyers.

PROPERTY TAXES

Considering the budget climate, it was not surprising that measures to alleviate property taxes failed. A bill that would have allowed valuations based on current use, rather than ''highest and best use'' passed the House, but stalled in the Senate.

The measure, however, will be on the November ballot courtesy of the Taxation and Budget Reform Commission, which can put tax issues directly to voters. At issue is whether commercial fishing facilities, boat ramps, marinas, and other water-dependent businesses should be assessed at their current value, rather than their potential value as condominiums.

STOLEN METALS

Businesses also received some protection from a thriving black market for stolen copper and other valuable metals used in everything from sprinkler heads to air conditioner components.

The legislation increases criminal penalties for metal theft and requires recyclers, who often receive the stolen metal, to pay more attention to who they're doing business with.

The Legislature also addressed other crimes against business, increasing penalties for mortgage fraud and possession of counterfeit goods.

With the real estate market in the doldrums and tax revenue to the state slowed considerably, lawmakers looked for inventive ways to invest in economic development without impacting the budget.

HIGH TECH

They passed a measure allowing state administrators to invest up to 1.5 percent of state retirement funds in high-tech, high-growth companies based in Florida. In the next year, the investment could reach almost $2 billion.

The business community praised the initiative, calling it economic ''rocket fuel'' and one of the largest economic incentive programs the state had ever enacted.

ENERGY

To further the goal of weaning the state off greenhouse-gas-producing fossil fuels, lawmakers passed an energy bill, emphasizing conservation, efficiency and renewable sources in everything from gasoline to the generation of electricity.

Incentives worth $70 million were set aside for the development of renewable fuels, efficiency technology and biofuels at public universities and in the private sector. The legislation also authorizes tax rebates for consumers and businesses that install solar technology.

''We know it's a tough budget year, but for these programs to be able to continue is a great thing,'' said Sarah Williams, a spokeswoman with the Department of Environmental Protection.

CHOPPING BLOCK

Some existing initiatives met the chopping block, however, including a program offering cash rebates to film and entertainment companies that bring their productions to Florida. It was cut to $5 million from $25 million in a major blow to Florida's growing film industry.

Among the consumer-oriented bills that passed are:

• A measure making comparison shopping for some health procedures easier by requiring the state to post the undiscounted prices hospitals charge for 150 different services and procedures.

• Legislation that would give students access to more affordable textbooks. Students would have to be notified sooner about required texts, giving them time to shop for used books.

• A measure to protect consumers from annuity fraud would strengthen penalties. The law prohibits agents from using fake designations to imply financial expertise.

• Insurance legislation focused on adding consumer protections and making the insurance companies more accountable.

PROPERTY INSURANCE

Rates for the state-run insurer, Citizens Property Insurance, will remain frozen for one more year. The amount of surcharges to cover future deficits for the insurer was reduced for all policyholders, but Citizens' own policyholders will still make up a bigger portion of the gap.

Homeowners can now sue insurers that don't pay undisputed claims in 90 days.

Fees charged by public adjusters will be limited; so will their ability to solicit new clients.

Regulators were dealt a tougher hand: Fines and penalties for insurers who violate the state's insurance code were doubled.

Insurers can no longer turn to arbitration to protest rejected rate filings and must give greater notice on policy cancellations.

Miami Herald business reporter Beatrice A. Garcia contributed to this report.