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Week Three March 21, 2008
2008-09 Budget Cut Talks Heat Up
 

With state revenues down more than $3 billion from 2007-08, House and Senate appropriations committees heard dire predictions during their meetings this week about the impacts on important programs and services. The budget crisis will likely make it necessary for lawmakers to look to trust funds to fund essential services. Appropriations chairs will receive their allocations by this Monday and are expected to have committee recommendations by Tuesday. The budget will be compiled by week's end, so staff is bracing for a grueling week of painful budget work.

 

This week, state agency heads presented their recommendations for how a 10 percent reduction might be applied to 2008-09 agency budgets. The reductions come on the heels of cuts taken last year in special session, and a second round of cuts signed into law last week by Gov. Crist. At this point, everything is fair game, including state dollars used for federal match.

 

Health and Human Services

Some predict that Health and Human Services will have to be reduced by as much as $700 million to meet targets. These cuts are unprecedented in the state's history and will require many difficult choices for lawmakers.  One lobbyist described it as, "worse than bleak."

 

Agency for Health Care Administration

The Medicaid budget will take large reductions based on the results of the Medicaid Impact Conference. These reductions are in the area of reimbursement rates, services, and reductions in services as a result of changes in eligibility criteria. Everything is on the table, including elimination of a planned rate increase, optional services and optional eligibility groups. Lawmakers will decide which areas to reduce next week.

 

Department of Children and Families

DCF experienced a $50 million cut in 2007-08, accomplished mostly through reductions in administrative costs. With the current recommendations, administration has been cut another 15 percent over last year's budget. For the 2008-09 budget, reductions in contracted services including community based care, mental health and substance abuse, and a reduction in forensic hospital beds are unavoidable. Community based care (child welfare) may be reduced up to $18 million. Special projects including family safety, substance abuse and mental health services, programs for the homeless and services for families at risk are also to be reduced ($2.5 million). Title IV-E Waiver GR funding is also in jeopardy.

 

Criminal Justice

Criminal and Civil Justice Appropriations Chair Victor Crist (R-Hillsborough) said his goals are to roll out a preliminary budget next Tuesday. He emphasized that if agencies do not conduct their 10 percent budget reduction exercise, the committee will do it for them. Department of Juvenile Justice Secretary Frank Peterman offered a 10 percent reduction that totals an additional $49.2 million. The agency's budget was $709 million last year, but is now $690 million after the special session and 07-08 reductions. Percent reductions (of the 10 percent exercise) by program area based on a pie chart presentation are:

  • 60 percent residential
  • 25 percent probation
  • 8 percent detention
  • 6 percent prevention (tried to hold harmless)
  • 1 percent executive and support

Department of Health

General Revenue reductions in DOH include Children's Medical Services ($7.5 million), Projects and Contracts ($12 million, including Family Health services such as Pregnancy Support, Healthy Start Coalitions and funding for the Ounce of Prevention for Healthy Families among many others).  A 10 percent reduction in general revenue for County Health Departments would amount to a $21 million cut in 2009.

 

Agency for Persons with Disabilities

The agency presented reductions ($946,570), which include administrative reductions, as well as reductions in provider rates and savings as a result of moving transition waiver support coordination to state operations from contracted services.

Governor's Health Care Plan Advances
 

SB 2534, backed by Gov. Crist, passed the Senate Banking and Insurance Committee on Tuesday. Co-sponsored by Sens. Durell Peaden (R-Okaloosa) and Don Gaetz (R-Okaloosa), the bill, titled, "Cover Florida Health Access Program Act," would create a system allowing people to buy health care coverage from two types of scaled-back plans. The coverage would be available to people ages 19 to 64 who are uninsured. The plans would keep a handful of mandates, including preventive care such as mammograms and prostate screenings. One plan would provide catastrophic coverage including hospital stays, but the other would not. Crist's proposal also would allow more families to insure children through the state's KidCare program by increasing the number of other families who could buy into the program without receiving state subsidies. The measure has one more committee stop in the Senate before it goes to the floor. On the House side, legislators are considering a more far-reaching plan championed by Rep. Aaron Bean, R-Nassau) that would eliminate mandates and allow consumers to pick and choose the types of benefits they want -- a concept he calls the "farmer's marketplace."

EARLY CHILDHOOD EDUCATION & CARE

 

Early Learning

HB 879 by Rep. Kurt Kelly (R-Marion) related to early learning was reported favorably by the Committee on Economic Development. The bill is now in the Economic Expansion & Infrastructure Council. The companion bill, SB 1670 by Sen. Don Gaetz (R-Walton), passed the Education Pre-K - 12 Committee unanimously.

 

VPK Pilot

HB 1021 by Rep. Loranne Ausley (D-Leon) passed out of Schools & Learning Council and is now in Policy & Budget. The bill would establish a pilot program in the Big Bend area focused on enhancing the quality of the Voluntary Pre-K Education Program. The bill specifies counties and provides requirements for individual participants.

JUVENILE JUSTICE

 

Juvenile Justice

A committee substitute for HB 273, co-sponsored by Denise Grimsley (R-Highlands) and Trudi Williams (R-Lee), passed the Policy & Budget Council this week. The bill would permit the expanded use of detention by the court and the Department of Juvenile Justice for certain conduct on the part of youth alleged to have committed or found to have committed a delinquent act. It also attempts to do so by providing a revenue source for counties to fund juvenile crime prevention and other needs related to juvenile crime. The bill also authorizes the court to retain jurisdiction for the purpose of holding a child responsible for payment of all fees and costs beyond the age of 18, and for attending required court hearings. The bill authorizes the court to retain jurisdiction for the purpose of holding parents responsible for payment of fees and costs. It also authorizes a contempt order against a parent who knowingly and willfully fails to bring their child to the adjudicatory hearing or prevents the child from appearing.

 

Blueprint Commission Recommendations Become a Bill

The House Committee on Juvenile Justice unveiled a proposed committee bill (PCB SSC 08-04) to address the issues discussed in their workshop the previous week, including: zero tolerance, disproportionate minority contact, the roles of local councils and boards, and the expungement and sealing of juvenile records. See committee materials.

 

Zero Tolerance

HB 829 by Rep. J.C. Planas (R-Miami-Dade) was workshopped in the Committee on K-12. The bill would revise the statute that defines zero tolerance and clarifies legislative intent that it applies only to criminal offenses involving the use of weapons and use or possession of drugs.

OTHER ISSUES

 

TBRC Places Property Tax Measure on the Ballot

The full Taxation and Budget Reform Commission met Monday and approved constitutional amendment CS/CP 02 that repeals the portion of property taxes used to pay for schools. By a 21-4 vote, the amendment will go to the November 2008 ballot. Committee Substitute for CP 02 will create a $9.3 billion hole for education, and require the legislature to replace lost property taxes through other means such as: raising revenues by repealing sales tax exemptions (max $2.1 billion); increasing the sales tax rate up to one penny (adds $3.9 billion); imposing taxes on products or services that are not currently taxed; reducing state spending; and/or using revenues from economic growth attributable to lower property taxes.

 

Other proposals on Monday's agenda that passed the full commission include a statutory recommendation (SR 13) for property valuation that amends current law to revise factors a property appraiser must consider in deriving just valuation of real and tangible property. It will go to the state legislature. The proposal was amended to include language similar to HB 1283 by Rep. Dean Cannon (R-Orange). Commissioner Barney Barnett agreed to postpone his proposal (CP 42) if SR 13 continues to move forward in the legislature.

 

Additional proposals that were temporarily postponed include Commissioner Carlos Lacasa's "super exemption" proposal (CP 21) for homestead and non-homestead properties, and Commissioner Patricia Levesque's CP 50. Commissioners expressed their intentions to combine elements from these proposals into CS/CP 02 during the style and drafting process. A separate proposal (CP 06/08/34) regarding taxation and valuation of working waterfronts was also postponed.

 

TBRC Considers TABOR Proposal Next Week, Possible Special District Carve Out

The Taxpayer Bill of Rights (TABOR) proposal (CP 45) is on the Taxation and Budget Reform Commission agenda for their March 26 meeting in Tallahassee. The constitutional amendment would limit all spending increases by the state and other local governments to the rate of inflation adjusted by population or student enrollment changes. Property tax revenue increases are generally limited to the rate of inflation plus changes in property values due to changes, additions, reductions, or improvements. Caps could be overridden by a super majority vote of the governing body. All new taxes or fees would have to be approved by vote of the electors. A majority of the voters of a unit of government would be able to approve the suspension of a spending limit or ad valorem revenue limit for up to four years.

 

A strike-all amendment was filed late Friday containing significant revisions. An opportunity to get a "carve out" for special districts is also likely. FCSC will continue to monitor this issue closely.

 

Partial Payment of Property Taxes

HB 51 by Rep. Seth McKeel (R-Polk) would require tax collectors to accept payments of portions of amounts billed in property tax notices. The bill passed through the Committee on State Affairs and is now in the Government Efficiency & Accountability Council. Identical bill, SB 1004 by Sen. Mike Fasano (R-Pasco), has been referred to Community Affairs; Finance and Tax; and General Government Appropriations.

 

Mental Health Parity

HB 19 by Rep. Ed Homan (R-Hillsborough) was reported favorably with 1 amendment by the Committee on Health Innovation. The companion bill, SB 164, by Sen. Victor Crist (R-Hillsborough) passed Health Policy unanimously. It is now in General Government Appropriations. The bills would require coverage for all mental health disorders, and require that mental health benefits not be more restrictive than those that are applicable to other diseases, illnesses and medical conditions. 

 

Termination of Parental Rights/Adoption

SB 1704 co-sponsored by Sen. Ronda Storms (R-Hillsborough) and Sen. Durell Peaden (R-Okaloosa) related to termination of parental rights passed unanimously through the Children, Families, and Elder Affairs Committee. It now goes to Health Policy. SB 1084 by Sen. Nan Rich (D-Broward) related to adoption, also moved favorably through the same committee. It now goes to Judiciary.

In Other News

FCSC Leaders Focus on Children's Issues During Capitol Hill Day

With a backdrop of perilous funding cuts for critical education and human service programs, Children's Services Council (CSC) board chairs and executive directors held a series of meetings on Capitol Hill this week to strategize about how to protect Florida's children. 

 

On Tuesday, CSC leadership participated in a two-hour executive roundtable with DCF Secretary Bob Butterworth, DCF Deputy Secretary George Sheldon, Commissioner of Education Eric Smith, Chancellor of K-12 Frances Haithcock, AWI Director Monesia Brown and Jim Kallinger, the Governor's Chief Child Advocate.  The state budget was central to the meeting, but the conversation also turned to a heightened need for collaboration, new approaches, and a renewed focus on outcomes in light of tough economic times. The use of technology, unique identifiers for tracking children across programs, sharing data, and the potential of the Children's Cabinet were among ideas that emanated from discussions.

 

Following the roundtable discussion, CSC leaders met with Lieutenant Governor Jeff Kottkamp, chair of the Governor's Children and Youth Cabinet. He also expressed concern for the budget situation and touted the Governor's approach to utilize a combination of trust funds, reserves, and economic stimulus to protect some of the most important services. 

 

On Wednesday, Mike Cusick, President of the Florida Coalition for Children, met with the Florida Children's Services Council board and shared information about proposed funding cuts to Community Based Care (CBC), and discussed more long-term strategies for dealing with an underfunded child welfare system.

 
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Capitol Connection is also available online at the FCSC web site.

 

This issue of Capitol Connection is brought to you by The Firm, composed of CSC legislative liaisons around the state. Please contact Firm Chair Diana Ragbeer, Director of Public Affairs and Communications with The Children's Trust, at diana@thechildrenstrust.org or Vivian Alarcon, CEO, Florida Children's Services Council, at valarcon@floridacsc.org with questions regarding legislative issues in this newsletter.

Florida Children's Services Council | 216 South Monroe | Tallahassee | FL | 32301