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Week Four

March 27, 2009

 

House and Senate appropriations committees were busy analyzing budget numbers this week in an attempt to piece together their proposed budgets for 2009-10. As reality sets in on the improbability of filling a $6.5-billion budget hole with cuts alone, some legislators appear to be warming up to the idea of new revenue sources. Among the budget-balancing options still afloat - in addition to more cuts -- are the use of federal stimulus dollars, gambling revenues ($500 million), cigarette taxes ($850 million), a variety of new fees, and closing tax loopholes. Both the House and Senate expect to plug about half of the 2009-10 budget hole with $3 billion in federal stimulus dollars. That still leaves more than a $3-billion gap.

 

In the Senate, Sen. JD Alexander (R-Polk), who chairs the Senate Ways and Means Committee, told lawmakers the committee will take up the budget on April 7. Alexander said lawmakers would have until 3 p.m. on March 30 to submit amendments to the bills (SPCB 7060, SPCB 7062, SPCB 7064, SPCB 7066, SPCB 7068 SPCB 7070) and until noon on March 31 to insert substitute amendments. The proposed committee bills for the budget will be SPCB 7072 for the budget and 7074 for the implementing bill for the spending. Rep. Bill Galvano (R-Manatee), who chairs the House Rules & Calendar Committee, told members that no later than 8 a.m. on Friday April 3, the two full appropriations councils will publish their general appropriations bills for the coming fiscal year, along with implementing and conforming bills. The bills will be in the appropriations councils on April 7. The amended bills will then be available by the morning of Thursday April 9.

 

Both Senate and House appropriations committees released initial drafts of funding allocations:

 

Senate

 

House

 

FCSC Compiles Stimulus Information for Florida

 

Members of the FCSC Policy Team, Amy Petrila (Children's Board) and Diana Ragbeer (The Children's Trust), have developed a spreadsheet on portions of the American Recovery and Reinvestment Act (ARRA) that impact key programs for children and families in Florida. The information also includes the funding expected to be available for the state, although many of the details are unclear at this time. FCSC is tracking the stimulus package closely and will update the report as federal agencies reveal amounts and requirements. At this writing, it appears that the hesitance to accept the funding expressed by some Florida legislative leaders is subsiding as the grim fiscal picture becomes clearer. Next week's Capitol Connection will contain more on how the federal stimulus funding is applied to balance the state budget as the legislative budget committees release details on their proposals. See the report.

 

IN OTHER STATE NEWS

 

Measures Limiting Property Taxes Continue Movement

Three measures to restrict local property tax revenues sailed through the House Economic Development & Community Affairs Policy Council on Tuesday. 

  • HJR 385 by Rep. Rivera (R-Miami-Dade) proposes a constitutional amendment to limit ad valorem taxes levied by all jurisdictions (schools, cities, counties and districts) to 1.35 percent of the taxable value (the equivalent of 13.5 mills). The council vote this week was 10-5 along party lines. House staff projects a $6.3 billion reduction in local government revenues in the first year of implementation.
  • CS/HJR 97 by Rep. Domino (R-Palm Beach), another proposed constitutional amendment, would give an additional homestead exemption to first-time homebuyers of 50 percent of the just value up to $250,000. That amount would be reduced 20% each year. The fiscal note projects a revenue loss to local government of $200 million by 2013-14.
  • CS/HB 521 by Rep. Lopez Cantera (R-Miami-Dade) eliminates property appraisers' presumption of correctness in legal challenges to property tax assessments. It shifts the burden of proof from the taxpayer to the appraiser in legal challenges. The fiscal analysis projects a $565 million reduction in revenues to local governments by 2012-13. The Senate version, SB 1006 by Sen. Mike Fasano (R-Pasco) was approved by the Senate Judiciary Committee this week. 

House Version of TABOR Passes First Committee

HB 1263 by Rep. Anitere Flores (R-Miami-Dade) passed the Military & Local Affairs Policy Committee this week by a vote of 8-6. The companion to Sen. Mike Haridopolos's bill (SJR 1906), the House version also seeks to impose revenue caps on local governments. SJR 1906 was temporarily postponed in committee this week.

 

Gaming Compact Getting Closer Look

The House and Senate are taking widely different approaches to the Seminole Gaming Compact. The compact in the Senate would go much farther than a slots-only proposal being floated in the House. The Senate version (SB 788), which passed through the Regulated Industries Committee midweek, provides $79.3 million for higher education. House members have been hesitant to include any potential money from the Gaming Compact in their budget projections.

 

Children's Week Could See Largest Turnout Ever

Hanging of the HandsPlans are in place for the 14th Annual Children's Week in Tallahassee. As many as 2,000 people are expected to travel to the Capitol next week for the event. Children's Week is an annual gathering of children, families, advocates and lawmakers to promote policies that advance the cause of children and families in Florida. A variety of activities are scheduled March 29 to April 3, including the annual "hanging of the hands," the Advocacy Dinner on Monday, and exhibits in the Capitol rotunda involving 80 non-profit organizations. Local events are taking place now through April in all 67 counties. See the Children's Week web site, www.childrensweek.org, for more details. Also view Children's Week television ads.

 

Stimulus Funds for Medicaid Hit Florida

Washington has sent Florida the first payment of the federal stimulus package, starting the drawdown of what is expected to be about $4.2 billion total for Medicaid over three years. The $363 million, which is for the quarter ending Dec. 31, represents an increase of the federal share of Medicaid from 55.4 percent to 67.64 percent. Another request for more than $412 million for the January to March quarter will be initiated later Tuesday, Gov. Charlie Crist's office announced.

 

CFO Sink, Financial Literacy Council Recognize Work of Prosperity Partnership

FFLC Award RecipientsOn Wed., Florida CFO Alex Sink and members of the  Financial Literacy Council presented an award to the Florida Prosperity Partnership (FPP), "In recognition of the outstanding commitment of the Florida Prosperity Initiatives to promote financial literacy in Florida." CFO Sink commended the group for their efforts to create a unified, coordinated, and collaborative statewide effort to educate, train, and put money directly back into the hands of Florida citizens. CFO Sink also announced that she would serve as Honorary Chair of the Group. The Florida Prosperity Partnership consists of almost 20 individual prosperity and asset-building campaigns across Florida. The FPP evolved from a number of parallel and earlier efforts to create a statewide coalition dedicated to building financial assets for low-to-moderate income residents. Among the list of FPP co-conveners is Broward CSC's own Director of Public Affairs & Organizational Development Sandra Bernard-Bastien. Congratulations to Sandra and FPP for this well-deserved honor.

 

OTHER ISSUES

 

CSC Public Records Exemption Passes Final Committee

SB 748 by the Children, Families and Elder Affairs Committee was passed unanimously by the Governmental Oversight and Accountability Committee on Thursday. The bill would make permanent a public records exemption (Section 125.901, F.S.) for children's services councils. The exemption protects a child's or family's personal identifying information held by a CSC or by a service provider or researcher under contract with a CSC. Under current law, the exemption is subject to review under the Open Government Sunset Review Act, and is scheduled to sunset on Oct. 9, 2009, unless it is reauthorized. The House version (HB 7021) was placed on the calendar for second reading.

 

Taxing Districts for Seniors

SB 666 by Sen. Nan Rich (D-Broward) and Sen. Michael Bennett (R-Manatee) passed out of the Children, Families, and Elder Affairs Committee on Wednesday. The bill, which is modeled after CSC legislation, authorizes a county to create an independent special district by ordinance to provide funding for services for seniors.

 

Amendment Filed for Term Limit Expansion

Voters could extend the terms of state lawmakers from eight to 12 years under an amendment tacked on to another proposed constitutional amendment (SJR 1550) that was approved by a Senate panel on Tuesday. During debate on a measure to provide property tax benefits to disabled WWII veterans, Sen. Mike Bennett, chairman of the Senate Community Affairs Council, introduced a provision to include the term-limit question as a separate ballot item to face voters who would have to approve both. Critics of Bennett's amendment said the proposals could be rolled together and force voters to choose between the two unrelated measures.

 

JUVENILE JUSTICE

 

DJJ Blueprint Commission

This was a good week for juvenile justice, with a number of bills advancing the work of the Blueprint Commission. The Senate Criminal Justice Committee unanimously passed SB 2128 by Sen. Victor Crist (R-Hillsborough) relating to reform recommendations made by the Blueprint Commission regarding the Florida Department of Juvenile Justice. Prior to passage, the bill was amended to align with the House version, HB 1211 by Rep. Luis Garcia (D-Miami-Dade). The legislation aims to begin reforms of Florida's juvenile justice system by diverting youth, protecting victims of juvenile crime and addressing issues surrounding over-representation of minority youth. The bill continues the implementation of the 2008 Blueprint Commission's recommendations.

 

Zero Tolerance Revisions Approved in Senate

The Senate Criminal Justice Committee on Wednesday approved Sen. Stephen Wise's (R-Duval) bill, CS/SB1540. The bill revises the requirements for zero-tolerance policies so that children would no longer be arrested for such minor violations as bringing plastic butter knives to school, drawing pictures of guns or throwing an eraser. A similar bill (HB 997) cleared the House Pre-K Policy Committee. Sen. Wise said his bill would save money and prevent children from having criminal records by requiring that schools handle such disciplinary matters administratively.

 

Lawmakers Approve Bill to Create Juvenile Justice Policy Research Institute

SB 2218 by Sen. Stephen Wise's (R-Duval) unanimously passed the Criminal Justice Committee. The bill would require the DJJ to establish the Juvenile Justice Policy Research Institute within the agency. Additionally, the bill provides that public defenders are available to juveniles at all stages of delinquency court proceedings, and provides for Medicaid eligibility for juveniles committed to certain residential juvenile programs. The House companion (HB 1135) has not been heard in committee yet.

 

Bill Would Enhance Services for Youth in the Juvenile Justice

SB 2094 by Sen. Victor Crist (R-Hillsborough) unanimously passed the Criminal Justice Committee. The bill would make changes to the juvenile justice chapter, along with conforming changes to a few other relevant statutes such as the "Children and Families in Need of Services" (CINS/FINS) statute and the "Comprehensive Child and Adolescent Mental Health Services Act" in an effort to enhance services for youth in the juvenile justice system. The House companion (HB 1475) is awaiting hearing in Criminal & Civil Justice Policy Council.

 

Bill to Expand Detention Passes Next Committee

Unfortunately, a bill that is less favorable for youth in the juvenile justice system passed the House Criminal & Civil Justice Appropriations Committee this week. HB 173 by Rep. Sandy Adams (R-Seminole) was approved and is on its way to the Full Appropriations Council on General Government & Health Care. Among other provisions, the bill authorizes a court to retain jurisdiction over a child and the child's parent or guardian until the costs, fees, and costs associated with court-appointed counsel are satisfied. The Senate companion bill, SB 654 by Sen. Charles Dean (R-Citrus), has been not been scheduled to date.

 

INDEPENDENT LIVING / FOSTER CARE 

 

Concurrent Custody Passes Second House Committee

CS 1 for HB 1519 by Rep. Rich Glorioso (R-Hillsborough) establishing Concurrent Custody for relative caregivers successfully moved through its second House committee this week. The bill now moves to the House Criminal and Civil Justice Policy Council for action. The Senate companion bill (SB 1888, Sen. Storms) has not yet been scheduled in the Senate Judiciary Committee, which is chaired by Sen. Lee Constantine (R-Seminole).

 

TAKE ACTION: Please contact Council Chair Rep. William Snyder (R-Palm Beach) and ask him to place the bill on the House Criminal and Civil Justice Policy Council agenda for next week.

 

Bills Advance to Help Foster Youth Access Their Records, Maintain Education

HB 1439 by Rep. Peter Nehr (R-Pinellas) and SB 126 by Sen. Paula Dockery (R-Polk), which provide foster children with access to their own records passed through committees in both the House and Senate this week and move to their respective Councils for deliberation. These bills are supported by youth and advocates as a means help to remove barriers for foster youth. Unfortunately, an amendment passed to take out the transparency piece. Related bills, HB 783 and SB 1128, will address problems faced by foster youth in continuing/ maintaining their education (such as enrollment when their placement changes) and provides supports for youth in school passed in both chambers.

 

Congress Passes Edward M. Kennedy Serve America Act

The U.S. Senate passed the Serve America Act yesterday, naming the law in honor of Sen. Ted Kennedy, a lifelong advocate for volunteerism and public service. The House passed an almost identical version earlier in the week and may take up and pass the Senate version as soon as Monday. The law expands Americorp and more than triples the number of service volunteers and creates new special areas like strengthening schools, improving health care, and boosting energy efficiency. The new program was crafted through a bipartisan effort that was fast-tracked by President Obama when he assumed office. For more information, visit NationalService.gov > Press Release.

 

TAKE NOTE

 

Lawton "Bud" Chiles Speaks Out on Cigarette Taxes

Son of former Florida Governor Lawton Chiles, Lawton "Bud" Chiles III is speaking out about cigarette taxes. His recent editorial, published in newspapers across the state, urges legislators to close the loop hole in the state's tobacco lawsuit settlement by placing a 40-cent per pack assessment on cigarettes sold by companies that were not included in the original settlement. Chiles says the additional revenue could be used to pay for Healthy Start. Chiles is also president of the Lawton Chiles Foundation. Read his editorial.

 

Former Foster Youth Advocates for Access to Records

At age 26, the world is a proverbial oyster for Mike Dunlavy. And he's set to conquer it, but not just for himself. Mike is a former foster youth, having spent 12 years in Florida's dependency system. He's working with Broward-based Florida's Children First to organize former foster care youth, helping them become effective advocates for those in the dependency system. So while this future law student could have been doing just about anything last week, he was in Tallahassee, speaking with lawmakers about legislation to provide foster youth with access to their records and the ability to pursue a meaningful, high-quality education. Thanks to Doug Lyons and the South Florida Sun-Sentinel, Mike is chronicling his advocacy efforts at Talk Back South Florida, the Sun-Sentinel Editorial Board Blog. Read his first installment and check back periodically for updates from an extraordinary young leader.

~ Submitted by CSC of Broward County

 

ChildrensBudget.org Web Site Examines Kids and 2009 Federal Budget

ChildrensBudget.org is an interactive web site that gives visitors tools to explore how the federal government invests taxpayer resources in children. A searchable database provides customizable information on the over 180 children's programs funded by the federal government, from child health and education to child welfare and juvenile justice. Go to www.childrensbudget.org.

 


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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 Policy & Communications with The Children's Trust, at diana@thechildrenstrust.org, Amy Petrila, Director of Public Policy & Advocacy at the Children's Board of Hillsborough County, at apetrila@childrensboard.org, or Vivian Alarcon, CEO, Florida Children's Services Council, at valarcon@floridacsc.org with questions regarding legislative issues in this newsletter.

 

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