Medical pot, drone and 5G wireless laws among 38 signed by Scott

Palm Beach Post (FL)

June 26--Florida Gov. Rick Scott signed 38 bills Friday from the 2017 regular legislative session and special session.

The highest-profile bill (SB 8A) provides rules for implementing the November constitutional amendment that broadened the legal use of medical marijuana in Florida, while others range in issues from setting guidelines for the use of aerial drones (HB 1027) to increasing the availability of 5G wireless technology throughout Florida by prohibiting local governments from regulating wireless service providers' placement of small wireless antennas in their jurisdiction (HB 687).

The constitutional amendment gave doctors the authority to prescribe marijuana for patients who suffer from debilitating conditions including cancer, glaucoma, HIV and post-traumatic stress disorder. But as is typical with amendments, a plan was needed to be put it in place. The bill takes care of issues such as how many companies will receive marijuana licenses and how many retail outlets they can operate.

The bill also bars people from smoking medical marijuana while allowing vaping and other methods of marijuana use.. Orlando lawyer John Morgan, who largely bankrolled the constitutional amendment, has indicated he will challenge that part of the bill.

Along with the implementation bill, Scott signed a public records bill related to medical marijuana (SB 6A) that creates a public records exemption for identifying information of patients, caregivers and physicians in the medical marijuana use registry.

The wireless bill limits the ability of local governments to regulate types of transmission and antenna equipment known as "small wireless facilities" in public rights of ways. The equipment is for emerging 5G technology, and eleven cities and six counties -- including Boynton Beach and Martin and St. Lucie counties -- had issued moratoriums on the placement of the equipment.

The bill, which becomes law July 1, provides that local governments cannot prohibit, regulate, or charge for the placement of the wireless facilities in public rights of way, except as specified in the bill. The bill drew objections from local governments, because it takes away their authority.

HB 1027 sets rules for umanned devices, including electrically powered personal delivery vehicles, which must weigh less than 80 pounds and have a maxium speed of 10 mph, and and unmanned aircrafts, such as drones.

Under the new law, local governments cannot enact laws relating to the manufacture, testing, licensing or operation of a drone including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications. However, local governments can enact or enforce local laws relating to nuisances, voyeurism, harassment, reckless endangerment, property damage, and other illegal acts involving drones.

The law also prohibits a person from knowingly or willfully operating a drove over critical infrastructure including power plants and transmission stations, chemical plants and communications facilities.

Scott also signed a bill (HB 695) that will affect the South Florida Regional Transportation Authority, the agency comprised of Miami-Dade, Broward and Palm Beach County officials who oversee TriRail.

The new law authorizes the authority to purchase railroad liability insurance of $295 million per occurrence and allows it to protect Florida East Coast Railway and All Aboard Florida against liability under certain circumstances.

More controversially, the law also puts a new limit on the authority, prohibiting it from entering into a contract that is funded even in part with state Department of Transportation money without DOT's prior review and written approval of the proposed expenditures. It also defines those DOT funds as state financial assistance and outlines rules for reimbursing the authority's invoices.

The other 33 bills signed by Scott are:

HB 307: Florida Life and Health Insurance Guaranty Association, which increases the maximum amount paid by the Florida Life and Health Insurance Guaranty Association for one person's health insurance from $300,000 to $500,000.

HB 359: Regulation of Insurance Companies, which revises Office of Insurance Regulation procedures for insurance companies.

HB 441: Court Records, which protects clerks of court from liability for releasing confidential information.

HB 543: Regulation of Health Care Practitioners, which makes changes to nursing education programs and the regulation of ARNPs, Pharmacists, Physical Therapist Assistants and Orthotists and Prosthetists.

HB 615: Professional Regulation, which creates the "Occupational Opportunity Act" which waives initial professional licensure fees for eligible members, including veterans, spouses, and surviving spouses of the Armed Forces.

HB 689: Division of Alcoholic Beverages and Tobacco, which amends areas of the Beverage Law to reduce burdensome regulations and fees for Florida businesses.

HB 727: Accessibility of Places of Public Accommodation, which provides additional methods to ensure Florida businesses fully comply with the Americans with Disability Act (ADA).

HB 749: Adoption Benefits, which expands qualifying employees for the state employee adoption benefit program to include employees from charter schools and The Florida Virtual School.

HB 775: Motor Vehicle Warranty Repairs and Recall Repairs, which requires a motor vehicle manufacturer to compensate a dealer for covered warranty or recall repairs on a used motor vehicle.

HB 813: Flood Insurance, which updates law allowing insurers to offer private market flood insurance.

HB 837: Insurer Insolvency, which revises the Department of Financial Services regulatory procedures and requirements relating to insurer insolvencies.

HB 863: Hospice Services, which revises the hospice Certificate of Need process for designated teaching nursing homes that provide hospice services.

HB 879: Unlawful Acquisition of Utility Services, which better-enables utility companies to recover utility theft losses.

HB 883: Memory Disorder Clinic, which establishes Florida Hospital in Orange County as a designated memory disorder clinic.

HB 911: Insurance Adjusters, which makes changes to the requirements and qualifications of insurance adjusters to improve the efficiency of licensure and enforcement.

HB 987: Public Accountancy, which makes changes to Public Accountancy law.

HB 1021: Construction, which amends the process to update the Florida Building Code, preempts certain local government construction fees and ordinances, and amends regulations relating to the construction industry.

HB 1121: Child Welfare, which makes changes to enhance the care of children in the child welfare system.

HB 1169: Transportation Facility Designations, which designates the "Officer Charles "Charlie K" Kondek Jr. Memorial Highway" in Pinellas County.

HB 1253: Rights and Responsibilities of Patients, which allows patients to be accompanied by any person of his or her choosing in a health care facility or provider's office.

HB 1269: Child Protection, which revises the provisions to strengthen to the Department of Health's Child Protection Teams.

HB 1307: Physician Assistant Workforce Surveys, which requires Physician Assistants to complete a workforce survey when renewing their license.

HB 1379: Department of Legal Affairs, which revises provisions relating to the Department of Legal Affairs, including a provision authorizing the Department to provide up to $50,000 in relief to the surviving family members of an emergency responder who is killed the line of duty.

HB 1385: Domestic Violence, which increases penalties for domestic violence offenses.

HB 5205: Department of Veterans' Affairs, which increases the personal needs allowance for nursing home residents and consolidates trust funds within the Department of Veteran Affairs.

HB 5401: Pesticide Registration, which repeals the pesticide supplemental biennial registration fee.

HB 5403: Trust Funds/Department of Environmental Protection, which eliminates an obsolete Trust Fund within Florida Department of Environmental Protection.

HB 6021: Home Health Agency Licensure, which allows a licensed home health agency to operate another agency within 10 miles of the existing agency.

HB 6027: Financial Reporting, which amends the financial reporting requirements for condominiums, cooperatives, and homeowners' associations.

HB 6037: Blind Services Direct-Support Organization, which saves the Division of Blind Services direct-support organization from repeal, ensuring continued support for people who are blind.

HB 7043: Vessels, which provides regulations for anchoring and mooring in Florida.

HB 7059: Juvenile Justice, which increases the supervision of juvenile offenders awaiting disposition or placement in a residential facility.

HB 7073: Ratification of a Department of Elder Affairs Rule and Department of Health Rule, which ratifies rules related to the Department of Elder Affairs professional guardianship program and the Board of Medicine's rule for office surgery.

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