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Week Five April 8, 2008
State Budget Cuts Close to Final
 

With three weeks left until the end of the 2008 Legislative Session, the budget process continues to move rapidly. The proposed budget and implementing bills were heard in the Policy and Budget Council on Thursday, April 3. The bills will be heard on both the House and Senate floors Thursday, April 9.

 

DEPT.

PROGRAM

SENATE

HOUSE

AWI

School Readiness (subsidized child care)

-$17 M

-$12.4 M

DOH

Healthy Start

-$0.76 M

-$5 M

DOH

Children's Medical Services

-$7.5 M

-$11.7 M

DCF

Community Based Care

-$18.9 M

-$18.9 M

DCF

Healthy Families

-$3.8 M

-$3.9 M

DCF

Independent Living

--

-$7 M

DCF

Child Protection Investigation

-$7 M

-$7 M

DCF

CW Prepaid Mental Health Plan

-$4 M

-$4 M

DCF

Adoption Maintenance Subsidy (projected deficit)

-$6-7 M

-$6-7 M

DJJ

JACS

-$3.7 M

-$3.7 M

DJJ

CINS/FINS

-$1.8 M

-$1.8 M

DJJ

Gender Specific

-$0.69 M

-$0.35 M

 

On a bright note, per student funding for VPK is better this year with the House proposing $2,677 per student and the Senate proposing $2,572 per student, compared to $2,611 per student last year. Total funds allocated for VPK are $345.4 million in the Senate and $366 million in the House, down slightly from last year's $376 million. Proposed funding for KidCare slots is also promising with money budgeted for 38,417 additional slots. However, House and Senate appropriations bills freeze Florida Healthy Kids' (FHKs) capitation rates to its contracted plans at the June 30, 2008, level thereby reducing FHKs' allocation by $15.4 million (includes state and federal match). Coverage for the continuation of non-Title XXI children will be fully supported by local funds (no state funds or local match credits are provided for).

FCSC Organizes Media Event, Urges Lawmakers to Protect Kid's Programs
FCSC Press Conference

 

Concerned about multi-million cuts to critical children's programs and services, the Florida Children's Services Council (FCSC) organized a press event at the Capitol last Tuesday with support and participation from 18 other child advocacy organizations. Under the name, Coalition to Protect Florida's Children, advocacy groups stood together with legislators and state agency representatives to urge the Florida Legislature to protect children and families from becoming casualties in the battle of budget cuts. The event focused primarily on cuts to School Readiness, Foster Care, Healthy Families and Healthy Start.

 

Media event speakers included David Lawrence, board chair of The Children's Trust, Glen Casel, chairman of the Florida Coalition for Children, Dr. Judy Schaechter, professor at the University of Miami, Mailman Center for Child Development, pregnant mother Tomika Archie-Smith with the Capital Area Healthy Start Coalition, and former foster youth Michael Dunlavy with Florida Youth Shine in Jacksonville. FCSC distributed media kits, including an issue summary sheet.

 

FCSC thanks the speakers and coalition members for their involvement and support at last Tuesday's event. Special thanks also go to Jason Zaborske, Children's Week event organizer, for helping to secure a prime location for the event.

 

Members of the Coalition to Protect Florida's Children

The Association of Early Learning Coalitions

The Child Development Education Alliance

The Children's Forum

Children's Home Society of Florida

Early Childhood Association of Florida

Florida Afterschool Network

Florida Association of Healthy Start Coalitions

Florida Catholic Conference

Florida's Children First

Florida Child Health Care Coalition

Florida Coalition for Children

Florida Consortium of Advocates for Infants & Toddlers, Inc.

Florida PTA

Florida Pediatric Society

Florida Juvenile Justice Association

Lawyers for Children America

March of Dimes

United Way of Florida

TBRC Continues Historical Debate on TABOR 

The Taxation and Budget Reform Commission (TBRC) held a 10-hour meeting last Friday and, once again, tabled action on CP 045, the "Taxpayer Bill of Rights" (TABOR) proposal. The proposal by Commissioner Mike Hogan imposes revenue and expenditure caps on state and local governments, as well as all special districts. Another provision within the proposal that would have required voters to approve all new or increased taxes or fees was removed. Commissioner Martha Barnett filed an amendment to exempt dependent and independent Children's Services Councils (CSCs) from TABOR's revenue and expenditure caps. However, the amendment was one vote shy of the three-quarters necessary for late-filed amendments to move forward.

 

In other TBRC news, commissioners did not approve CP 051 by Commissioner Nancy Riley, which would have limited the duration of special taxing districts created after 2009 to 11 years. Another constitutional proposal to authorize state funding of private schools through vouchers failed by just one vote after lengthy and dramatic debate about the measure. Commissioners did approve a proposal giving voters the option to fund local community colleges with a sales tax. Also, members approved a proposal to require the assessment of land set aside for conservation based on that purpose rather than the potential for its development.

 

The TBRC is scheduled to meet again Monday, April 14. A new version of the TABOR proposal is on next week's agenda, along with several other proposals. Commissioner Barnett has filed another version of the CSC amendment, which will be considered at the April 14 meeting. See the web site for the April 14 TBRC agenda and materials. The FCSC extends a very big thank you to Commissioner Martha Barnett for her commitment to CSCs, and her strong advocacy for important principles throughout this arduous process.

EARLY CHILDHOOD EDUCATION & CARE

 

Early Learning

HB 879 by Rep. Kurt Kelly (R-Marion), which is the Success in Early Learning Act, passed favorably out of the House Economic Expansion and Infrastructure Council and is now in the House Policy and Budget Council. Companion bill SB 1670 by Sen. Don Gaetz (R-Walton) passed the Senate Commerce Committee on April 8 with an amendment. Sen. Evelyn Lynn (R-Volusia) offered a controversial amendment to the bill requiring proficiency in English as an additional criterion for Kindergarten Readiness screening. This would have jeopardized scores in South Florida communities, which impacts funding and the sustainability of providers. Consequently, a late filed amendment was approved to change English proficiency from a requirement to a component of the readiness rate in order to eliminate fiscal implication. The bill now goes to Judiciary.

CHILDREN'S HEALTH
 
Health Care/KidCare
SB 2534 by Sen. Durell Peaden (R-Okaloosa) implements Gov. Crist's Cover Florida Health Care Act, which includes removing full pay caps in both Medikids and Healthy Kids, modifies the health flex plan with an expiration date of July 1, 2014, and creates other health care options for the uninsured. However, the full-pay provision was removed from the bill in Health and Human Services Appropriations last week. FCSC staff offered a compromise amendment to limit the full-pay option to individuals under 250 percent FPL, and cap the full-pay amount at 25 percent to ensure adverse selection will not occur as an unintended consequence as parents with children with pre-existing conditions forgo private coverage, thus changing the actuarials and increasing the co-pays for existing enrollees.


Sen. Mandy Dawson (D-Broward) refiled her KidCare bill, SB 888, from last year. The bill will be heard April 8 in the Health Policy Committee.
 

Medicaid Reform
The Medicaid implementing bill that would expand reform to Miami-Dade County in 2009 was amended in the Policy and Budget Council last Thursday. Two approved amendments by Rep. Juan Zapata (R-Miami-Dade) delay the expansion of Medicaid Reform into South Florida, as well as Pasco, Pinellas, Hardee, Hillsborough, Highlands, Manatee and Polk counties until 2010. 

 

By delaying enrollment in the plan until Sept. 1, 2010, Zapata said the legislature will have "the next two legislative sessions" to examine the results of a University of Florida study and to "address the issues." Key House Republicans, however, contend it is inevitable that the state will expand the pilot program even though it has come under fire from health care advocates and been the subject of a critical inspector general's report. Rep. Aaron Bean, (R-Nassau), chairman of the House Healthcare Council, called the current Medicaid program "truly unsustainable'' due to its costs. "We believe the program is working,'' said Bean.

In addition to delaying the expansion into Miami-Dade County, Zapata's amendment deleted language that would have allowed statewide expansion effective 2011 and authorizes the Governor, Senate President and House Speaker to convene workgroups to propose alternatives for cost-effective health and long-term care reforms, including but not limited to reforms for Medicaid.
 

The Senate has not taken a position to support the expansion.

 

Autism

SB 2654 by Rep. Steven Geller (D-Broward), titled the Window of Opportunity Act, requires health insurance plans to provide coverage for screening, diagnosis, intervention, and treatment of autism spectrum disorders in children. The bill was reported favorably out of the Health Policy Committee after members enjoyed a special appearance by Gov. Charlie Crist who urged lawmakers to support the bill. It is filed as a committee substitute. The House version, HB 1291 by Rep. Ari Porth (D-Broward), was reported favorably by the Committee on Health Innovation, and is now in the Healthcare Council.

CHILD SAFETY
 

Booster Seats

SB 668 by Sen. Bill Posey (R-Orange) requiring a safety restraint for children 4-7 years old was reported favorably in the Transportation Committee last week, and is now in the Criminal Justice Committee. The companion bill, HB 619 by Rep. Dan Gelber (D-Miami-Dade), is still awaiting a hearing in the Economic Expansion and Infrastructure Council.

JUVENILE JUSTICE

 

Juvenile Justice

Substantive legislation advancing the recommendations of the Blueprint Commission continues to move through the process. SB 700 by Sen. Victor Crist (R-Hillsborough) is scheduled to be heard by the Judiciary Committee on April 8.  PCB SSC4 by the House Juvenile Justice Committee was submitted as a Council bill by the Safety and Security Council on April 1. SB 832 by Sen. Paula Dockery (R-Polk) was temporarily postponed by the Criminal Justice Committee on March 18, but is expected to be reconsidered. If passed, the bills would address important Blueprint Commission recommendations such as disproportionate minority contact, zero tolerance and the sealing and expungement of juvenile records.

SB 792 relating to Juvenile Justice by Sen. Carey Baker (R-Lake) is scheduled for its first committee stop in the Senate Criminal Justice Committee on April 8. The House companion HB 273 by Rep. Sandy Adams (R-Seminole) was placed on the House calendar on second reading on March 13. According to former Blueprint Commissioner Carlos Martinez, the bill would significantly increase costs to the counties and the state for the detention centers, runs counter to any efforts to keep children from becoming repeat offenders and adult criminals, and will increase disproportionate minority contact with the courts.

 

Gender specific programs such as GAP and PACE, CINS/FINS and low utilization JACS are still experiencing reductions. It is hoped that some of these shortfalls will be addressed by the legislative leadership in the coming days.

INDEPENDENT LIVING/FOSTER CARE 
 

Foster Care

SB 2762 by Sen. Paula Dockery (R-Polk) passed the Committee on Children, Families, and Elder Affairs as a committee substitute. It requires the case file of a child under the supervision, or in the custody, of DCF be maintained in a complete and accurate manner and allows youth access to their records at no cost. It also specifies who has access to the case file and records in the file. It authorizes the court to directly release the child's records to certain entities, provides that entities that have access to confidential information about a child may share it with other entities that provide services benefiting children, clarifies who has access to a child's records, and who may bring an action to require access to confidential records held by the department. The bill now heads to the Committee on Judiciary. A similar measure, HB 1467 by Rep. Will Weatherford (R-Pasco), passed the Committee on State Affairs. It now heads to the Government Efficiency and Accountability Council.

 

HB 769 by Rep. Kurt Kelly (R-Marion) passed the Healthcare Council. It appoints a surrogate parent for educational decision making for youth in foster care, provides educational records for decision making, and ensures immediate school enrollment for youth in foster care. It now heads to the House floor. An identical measure, SB 2750 by Sen. Ronda Storms (R-Hillsborough), is in the Committee on Children, Families, and Elder Affairs.

 

Adoption

HB 663 by Rep. Dean Cannon (R-Orange), which requires full disclosure to potential adoptive families among other issues, passed unanimously (115-0) on the House floor last week. SB 1084 by Sen. Nan Rich (D-Broward) is on the agenda for Senate Judiciary on April 8.

 

HB 7007 co-sponsored by Rep. Rene Garcia (R-Miami-Dade) and Healthcare Council passed unanimously (116-0) on the House floor. The bill provides presumption of consent to termination of parental rights in cases of surrendered infants, removes the requirement that a child-placing agency conduct a search to identify the parent of a surrendered infant, increases the age at which an infant is considered newborn for purposes of treatment after surrender, and provides for anonymity of an infant's parents. The Senate companion, SB 1704 by Sen. Ronda Storms (R-Hillsborough), passed favorably out of Health Policy and is now in Senate Judiciary.

 

Members of Florida Youth Shine, a statewide network of former foster care youth, and the Youth Advisory Committee of The Children's Trust of Miami-Dade County were in Tallahassee to participate in Children's Week activities. They advocated for the proposed legislation and emphasized the need to preserve funding for independent living, protective investigations and the Guardian Ad Litem Program.

OTHER ISSUES

 

Property Tax

HJR 7005 by Rep. Frank Attkisson (R-Osceola) and the Government Efficiency and Accountability Council proposes a constitutional amendment specifying that property appraiser's assessments shall enjoy no presumption of correctness, and requires that the property appraiser bear the burden of proving by a preponderance of the evidence that a challenged assessment does not exceed a property's just value. This resolution was reported favorably in the Policy and Budget Council on April 1, and was filed as a committee substitute April 2.  It is now on the calendar for second reading.

In Other News

Budget Cuts Adding Up

A closer look at how the state budget has changed since last year.

 

$72 Billion

Approved in May

--------------------------

-$1.2 Billion

Cut in October due to declining revenues

--------------------------

-$500 Million

Cut in March

--------------------------

-$5.2 Billion

-$4.4 Billion

Cuts from April proposals in House and Senate respectively

 

Students Meet with Children's Cabinet in Town Hall Meeting

A first-ever Kids Only Town Hall Meeting was held at the Capitol on Tuesday last week as part of the 2008 Children's Week. Thirteen students from around the state were selected to participate in a panel to ask questions directly to members of Florida's Children and Youth Cabinet. The student panelists presented well-articulated questions on issues facing young people and their families in Florida. The questions covered a variety of issues ranging from health care and the state's independent living program for foster children, to youth involvement in gangs and the importance of art education in schools. Cabinet members said they were impressed by the substance and depth of the questions. The Children's Cabinet is chaired by Lt. Governor Jeff Kottkamp. Cabinet members include the heads of several state agencies, various child advocates, and five ex-officio members (including CSC representatives). Some of the student panel members were from CSC counties, including the Hillsborough Youth Collaborative (Hi-C) and The Children's Trust Youth Advisory Committee (YAC).

 

Highlands Children's Services Finds New Home

After working out of a small office and storing documents in garages since its inception in 1994, the Children's Services Foundation of Highlands County will finally have an office of its own this summer. The foundation will be moving into a 1,500 sq. ft., wood-frame house located at 419 E. Center Ave. Kevin Roberts, chief executive officer of the Children's Services Foundation, explained that the foundation can have a greater impact by making the building the epicenter of many services instead of focusing on one effort. "Rather than servicing two or three families, we can have an impact on hundreds of families and thousands of children."

 

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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