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65 New State Laws Cover A Variety Of Issues

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65 New State Laws Cover A Variety Of Issues

TALLAHASSEE (CBS4) ― Wednesday, 65 new state laws will go into effect across Florida, including a $66.5 billion budget. The $1 rise in cigarette prices is one of the most disputed ones.

Some of the other new laws will establish an electronic tracking system to reduce the illicit sale and abuse of prescriptions drugs, require felony suspects to provide DNA samples even if not convicted, limit lawyer fees in workers' compensation cases and allow state universities to put up vault to hold the ashes of deceased alumni.

The columbarium law had been sought by the University of Florida, where officials get calls about once a month from Gator alumni who want to have their ashes spread on the school's football field called "The Swamp." Under existing law the schools would have to be licensed as a cemetery to build a columbarium. The university, though, cannot meet a requirement for cemeteries to have at least 30 acres.

Florida's previous cigarette tax was among the nation's lowest; now it's going up to $1.34 through what's called a "surcharge" in the Protecting Florida's Health Act. The law also increases a 25 percent tax on the wholesale price of other tobacco products to 60 percent. Cigars are exempt.

Consumers began paying higher federal tobacco taxes on April 1, when the price went up by 62 cents a pack, bringing the federal tax to $1.01. The federal tax increased from five to 40 cents on large cigars and a bit less for smaller ones.

Besides raising more than $900 million a year for health care, sponsors say they hope Florida's higher tobacco taxes will encourage smokers to kick their often fatal habit and discourage young people from taking it up.

The higher tax is one of several new revenue sources needed to pay for the $66.5 billion in spending during the budget year beginning Wednesday.

Others include $5.3 billion in federal stimulus money and about $1 billion in fee increases. A conforming law already has gone into effect to raise court filing fees, but a wide range of motor vehicle fees won't go on the books until Sept. 1.

Another new law being introduced seeks to keep drug dealers and addicts from across the county from flocking to Florida's storefront "pill mills," with the biggest concentration in Broward County. Florida is the most populous of 12 states without a prescription tracking system.

Gov. Charlie Crist signed the tracking bill without ceremony or comment after several GOP House leaders urged him to veto it. They argued the measure would violate patient privacy rights and may lead to criminals or terrorists hacking the system to get at sensitive information. Other critics said the law is too weak.

The new law drew praise from Kentucky Lt. Gov. Daniel Mongiardo, a physician and Democratic U.S. Senate candidate. Kentucky has had a tracking system for years but continues to be inundated with illegal prescription drugs from Florida that officials say have resulted in several deaths.

"This important legislation will transcend borders, saving lives of both Kentuckians and Floridians," Mongiardo said in a statement. "For too long, Florida has been without a prescription drug monitoring system that allows health officials to prevent the practice of 'doctor shopping.'"

It'll be several months, minimum, before the new system is in operation. The law gives officials until Dec. 1, 2010, to get it going.

Florida also will join 13 other states that collect DNA samples of felony suspects upon arrest. Samples previously were taken only after someone was convicted. The new law will be brought in by stages in over ten years, starting with murder and sex crime suspects, until all accused felons are included. The samples will be added to the state's DNA database.

Opponents argue that demanding DNA before conviction violates a suspect's rights and predict the law will be challenged.

A workers' compensation law reverses a Florida Supreme Court decision that removed the fee cap on lawyers who represent employees' with injury claims. The measure restores the limits that were part of a 2003 law credited with cutting premiums by more than 60 percent. Trial lawyers say the caps will make it difficult for injured workers to get legal representation and eventually lead to another challenge.

Public schools will be affected by a couple other new laws. One makes it more expensive to lose or damage textbooks. Current law requires students to pay 50 to 75 percent of replacement costs. The new law requires the student or their family to cover the entire cost.

Another makes zero-tolerance policies more tolerant. Children can no longer be arrested or expelled for insignificant misbehavior, including but not limited to petty theft, throwing erasers, bringing plastic butter knives to school or drawing pictures of guns. The law is expected to cut costs and prevent kids from having criminal records.

Another provision requires schools to review physical punishment policies at public meetings every three years.

"This legislation maintains Florida's strict school safety policies while reducing the unintended consequences that have led to the wrongful placement of students in the juvenile justice system," Crist said in signing the bill.

Other new laws tighten the leash on local governments and law enforcement agencies.

One prohibits "crash taxes": fees for causing wrecks. City and county officials, facing declining property tax revenues, have said they needed the extra cash for police, ambulance and other emergency response expenses. Hialeah Fire started charging motor vehicle accident fees in 2006.

Law enforcement agencies will be required to adopt policies protecting confidential informants under a law named for 23-year-old Rachel Hoffman, who was murdered in a drug sting while helping Tallahassee police.

Local governments also can no longer spend public money to sway voters on ballot issues.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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