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Week Five

April 3, 2009

 

The House and Senate intensified their focus on the state budget this week. Neither budget contains dramatic, across-the-board reductions at this point. However, halfway through the legislative session a clearly defined budget package from either side has yet to emerge. One thing is clear. The House and Senate are taking widely different approaches to balancing the budget, which will leave much work to do if they are to find middle ground before the end of regular session. Early budget figures released by the House last week show Health and Human Service programs generally doing better than in the Senate.  Speculation is that the House plan uses most of the federal stimulus funding ($5 billion) in one year, as information available at this time is unclear on stimulus monies. Meanwhile, the Senate's budget raises more revenue and applies the federal windfall over two years, what some call a more responsible approach. Because the federal stimulus money is non-recurring dollars, budget analysts worry that using most of the federal funds in one year creates a "financial cliff" for the 2010-11 budget year.

 

The reality of the enormous revenue shortfall is sinking in and legislators are warming up to the idea of enacting the new revenues despite previous resistance. Monday, Senate Finance and Tax Committee Chair Sen. Thad Altman announced that he would back an expanded version of a cigarette fee hike that would raise taxes by $1 a pack and include all tobacco products. The House hinted that it too may be amenable to some kind of tobacco fee. Both the House and Senate also are including some variation of a Gaming Compact in their budgets with the Senate's being broader than that of the House. On education funding, the House plan brings good news for schools, thanks to stimulus money. House K-12 Education Appropriations Chairwoman Anitere Flores was able to add more than $800 million in stimulus money to the House schools budget, for an increase of about $30 per student for the coming year. State officials also received the official application Wednesday for a waiver that would allow the state to pull down more federal stimulus funds to help pay for schools.

 

With the proposals taking shape late in the process, and differences in how to fix the serious budget woes, veterans of the process are predicting an extended or special session.

 

PROPOSED CHANGES (+/-) TO BUDGET AS OF 4/2/09

ISSUE

SENATE

HOUSE

COMMENT

School Readiness

0

0

Maintained at FY 08-09 levels to qualify for stimulus funding

VPK (Non-admin.)

0

0

AWI admin cut 14 FTEs

Healthy Start

0

0

 

Healthy Families

0

0

 

Early Steps

$3 M

0

Senate uses federal funds

Children's Medical Services

0

0

Elected hospitals small reduction

Community Based Care (CBC)

- $9 M

0

 

CBC - 2008 session $9.8 M shortfall

 0

 $5 M

 

Child Protection Invesigation

 0

 0

 

Independent Living

0

0

 

Adoption Maintenance Subsidies

$17.1 M

0

 

JAC

-$2 M

-$3 M

 

CINS/FINS

 0

 0

 

 

 

 

Children's Week Highlights Importance of Investing in Kids

 

A record number of families, children, and advocates converged on the Capitol in Tallahassee this week to promote the health, safety and well being of Florida's children and families. In a year when Florida lawmakers must decide how to close a $6.5-billion funding gap, the human face that children bring to budget cuts couldn't be more timely. In addition to shining a spotlight on children's issues, participants also celebrated the successes of local programs in their communities that are making a difference in the lives of children and their families. On Tuesday, Lt. Governor Jeff Kottkamp launched the 14th Annual Children's Week during a ceremony at the Capitol. He was joined by Jim Kallinger, Florida's Chief Child Advocate, Sen. Nan Rich, Rep. Bill Galvano, United Methodist Church Bishop Tim Whitaker, and Ted Granger, President of The United Way of Florida.

 

Students Speak With One Voice at Town Hall Meeting

 

A student panel composed of middle, high school and college students met with members of the Children and Youth Cabinet Tuesday during the 2nd annual Kids Only Town Hall meeting. During a moderated question-and-answer session, the students revealed their concerns in a number of areas, including cuts to education and the effect on early learning, mentoring programs, screening and assessment, foster youth transitioning into adulthood, afterschool, and health care for kids. In response to the question about children without health care, cabinet member and former House representative Loranne Ausley pointed out that Florida has a program in place to help address the health care problem for many children - KidCare - but much remains to be done to address the alarming numbers of uninsured children in Florida.  She touted streamlining bill under consideration again this year which would make it easier for kids to get in, and stay in, the program. The dialogue between students and Cabinet members continued for more than an hour in the Tallahassee City Hall Chamber. In addition to meeting Lt. Governor Jeff Kottkamp and other members of the Cabinet, students also had the opportunity to meet Gov. Charlie Crist who offered a few remarks at the start of the meeting.

 

Students w Crist 

 

FCSC Board Member Receives 2009 Chiles Advocacy Award

 

Jim MillsFlorida's Chief Child Advocate Jim Kallinger presented FCSC Board Member Jim Mills with the 2009 Chiles Advocacy Award during the Children's Week Advocacy Dinner Monday night in Tallahassee. Kallinger, and as well as everyone in attendance, honored Mills for his 22-year history as Executive Director of JWB-CSC of Pinellas County where he worked to move from funding deficient-focused programming to an asset-based prevention and intervention strategy. Mills was also recognized for being part of the effort to pass enabling legislation that allows any county in Florida to establish, by referendum, a special taxing district for children. "Jim Mills is truly a pioneer in children's advocacy," said Jim Kallinger. "His life has been dedicated to the identification of innovative ways to help improve the quality of life for Florida's children and youth."

The Chiles Advocacy Award is named for the late Governor Lawton Chiles and his wife Rhea, who brought awareness to and elevated the critical importance of issues related to Florida's children, and helped craft state and national policies to benefit children and their families. The Chiles Advocacy Award is given annually to a Floridian who has demonstrated a commitment over many years to advocating for public policies that improve the lives of Florida's children. Past winners include: 1999 Rhea Chiles; 2000 Susan Muenchow; 2001 Linda Merrill; 2002 David Lawrence; 2003 BeBe Furnside; 2004 Budd Bell; 2005 Ed Feaver; 2006 Ann Levy; 2007 Karen Woodall; and 2008 Maryann Barry.

 

The entire FCSC family congratulates Jim on this well-deserved honor.

 

IN OTHER STATE NEWS

 

Property Tax Cap Bill Continues to Move

HJR 385 by Rep. Rivera (R-Miami-Dade) passed the Finance & Tax Council Wednesday. The bill 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). House staff projects a $6.3 billion reduction in local government revenues in the first year of implementation. No action was taken on the Senate companion bill (SJR 738), but it was discussed by the Revenue and Estimating Impact Conference.

 

TABOR Bill Unlikely

A measure calling for local governments to seek voter approval before raising taxes seems dead for  this session after the bill's Senate sponsor again postponed action on the controversial item. During the meeting of the Senate Government Oversight and Accountability Committee, chairman and bill sponsor Sen. Mike Haridopolos (R-Brevard) postponed action on SJR 1906, also known as the TABOR bill. It's the third time he has done so. The bill would limit revenue increases to inflation plus population growth unless voters approve it or a supermajority of local officials take a vote. Local government groups have criticized the plan saying it could paralyze local officials already strapped for cash.

 

Cigarette Taxes Get Support in Senate

Chairman of the Senate Finance and Tax Committee Sen. Thad Altman announced Monday he is backing an expanded version of a cigarette fee hike that would raise taxes by $1 a pack. During a news conference he said the Finance and Tax Committee's package would include SB 1840. The bill, sponsored by Sen. Ted Deutch (D-Palm Beach) also now will call for a $1 per ounce surcharge to other tobacco-based products, including cigars, chewing tobacco and snuff. Altman said the proposal was primarily to address a health care need, despite the fact that backers say it could generate $850 million for a state beleaguered by budget troubles.

Senate Looks to Revenue from Gaming Compact

A Senate proposal, SB 788 by Sen. Dennis Jones (R-Pinellas), that would generate at least $400 million a year in revenue for the state, plus a sliding percentage of winnings, has been placed on the agenda of the Policy & Steering Committee on Ways and Means. A House committee looking into the issue is not expected to go as far as the Senate bill. Rep. Ken Roberson said the House wants to renegotiate the compact to "get the best deal out of this." Earlier in the week, the legislature's economists issued a report on estimated revenues. View the report.

 

Worst to First Kicks off Campaign to put Florida Kids First

FCSC 2009 Policy PacketFCSC stood with dozens of children's advocates from around the state during Children's Week at the Florida Capitol, as Lawton "Bud" Chiles III announced a statewide campaign to push for better investments in children's health and education. The Worst to First campaign is organizing children's advocates through an online network at www.WorstToFirst.org, and Chiles announced he will lead a listening tour across Florida later this year to rally Floridians. "We have witnessed a tragic decline over the last decade in support for the well being of Florida's children. This is a moment where success can only come through shared commitment to investing in our communities, not just with money but with our time and energy," said Chiles, president of The Lawton Chiles Foundation.  "We have to change things.  We have to build a force of people that will not be quiet until this state is leading the way for our children again."

 

Florida consistently places at or near the bottom of independently compiled rankings of state performance on children's health and education. For example, Florida currently has the second highest percentage of uninsured children in the nation, and Florida ranks 45th in the nation in high school graduation rates. A 2008 study by The Commonwealth Fund ranked Florida 50th out of all states and the District of Columbia on an index of Child Health System Performance, ranking above only Oklahoma. The web site includes tools to organize advocates, support programs, and compile the latest research on children's health and education. Updates on the Worst to First Campaign will be included in future FCSC publications.

 

CHILDREN'S HEALTH

 

Florida KidCare Bill to be Heard in Senate Committee Monday
KidCare bill,
SB 918 by Sen. Nan Rich (D-Broward), is scheduled to be heard in the Senate Health Regulation Committee on Monday, April 6. Calls, e-mail messages and personal visits from advocates helped make this possible. SB 918 will remove barriers to KidCare and make it easier for families to enroll uninsured eligible children, and help eligible children currently enrolled not lose their coverage. Thousands of children needlessly lose coverage every month in the complex KidCare program. Passing this bill will better position Florida to qualify for federal bonus dollars under the Child Health Insurance Reauthorization Act (CHIP) recently passed by Congress. Future federal funding allocation to the states under the federal-state partnership will be based on the states implementing some key streamlining provisions that are included in SB 918.

TAKE ACTION: Please contact the Senate Health Regulation Committee Chair and members to reinforce how important the bill to streamline the Florida KidCare program is to the thousands of uninsured low-income children in Florida.

Senate Health Regulation Committee

Sen. Don Gaetz, Chair  850-488-5009  gaetz.don.web@flsenate.gov
Sen. Thad Altman         850-487-5053  altman.thad.web@flsenate.gov
Sen. Mikd Bennett        850-487-5078  bennett.mike.web@flsenate.gov
Sen. Andy Gardiner       850-487-5047  gardiner.andy.web@flsenate.gov
Sen. Dennis Jones        850-487-5065  jones.dennis.web@flsenate.gov
Sen. Eleanor Sobel        850-487-5097  sobel.eleanor.web@flsenate.gov
Sen. Dave Aronberg        850-487-5356  aronberg.dave.web@flsenate.gov
Sen. Al Lawson              850-487-5004  lawson.alfred.web@flsente.gov


~ Submitted by Linda Merrill, Florida Child Healthcare Coalition

 

Booster Seat Bill Up on Monday

SB 1404 by Sen. Thad Altman (R-Brevard) will be up in Senate Criminal Justice on Monday, April 6. The bill requires booster seats for children aged 4 through 7.

 

TAKE ACTION: Please contact Criminal Justice Chair Sen. Paula Dockery and committee members and let them know how important this bill is to ensure the safety of Florida's children.

 

EARLY CHILDHOOD EDUCATION AND CARE

 

ELC Consolidation Bill Heavily Debated

SB 2570 by Sen. Stephen Wise (R-Duval) passed the Senate Commerce Committee by a 6-4 vote on Wednesday. Two senators who voted yes voiced concerns about the proposal. The bill was heavily debated. Florida CSC, The Children's Trust, and the Children's Board of Hillsborough County all voiced strong opposition to the bill along with the Association of ELCs. In addition to eliminating 11 of the 31 coalitions, the bill reduces the number of members on the remaining governing boards, shifts authority from the local level to the Florida Agency for Workforce Innovation, potentially jeopardizes local quality rating systems, and increases the number of children that must be served by each ELC. The bill now goes to the Senate Education/Pre-K Committee. A similar House bill, HB 501 by Rep. Greg Evers (R-Santa Rosa), has yet to be heard, diminishing the likelihood of final passage.

 

JUVENILE JUSTICE

 

Dangerous Bill to Expand Detention Heads to House Floor

A bill that is less favorable for youth in the juvenile justice system has made it through its last stop at the Full Appropriations Council on General Government & Health Care. HB 173 by Rep. Sandy Adams (R-Seminole) 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.

 

DJJ Blueprint Commission

SB 2128 by Sen. Victor Crist (R-Hillsborough) was passed by Children, Families, and Elder Affairs. The bill seeks reform recommendations made by the Blueprint Commission regarding the Florida Department of Juvenile Justice. The House companion, HB 1211 by Rep. Luis Garcia (D-Miami-Dade), was also found favorable by Criminal & Civil Justice Policy Council. 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.

 

Juvenile Justice Policy Research Institute

SB 2218 by Sen. Stephen Wise's (R-Duval) passed favorably with 2 amendments by Children, Families, and Elder Affairs (483354, 967652). The bill would require 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.

 

Services for Youth in the Juvenile Justice

SB 2094 by Sen. Victor Crist (R-Hillsborough) passed Children, Families, and Elder Affairs. 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) passed the Criminal & Civil Justice Policy Council, and is now in Criminal & Civil Justice Appropriations.

 

INDEPENDENT LIVING / FOSTER CARE 

 

Concurrent Custody

HB 1519 by Rep. Rich Glorioso (R-Hillsborough) establishing concurrent custody for relative caregivers passed unanimously out of the House Criminal and Civil Justice Council and moves to Policy Council next. Senate companion, SB 1888 by Sen. Storms, will be heard in Judiciary on Monday, April 6, at 4 pm.

 

TAKE ACTION: Contact members of the Senate Judiciary Committee and urge them to support SB 1888.

 

Bills to Help Foster Youth Maintain Education

SB 1128 by Children, Families, and Elder Affairs; Education Pre-K - 12, passed out of the Senate Judiciary Committee. This bill addresses 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.

 

OTHER ISSUES

 

Bill Gives Grandparents and Other Relatives a Voice

HB 381 by Rep. Nick Thompson (R-Lee) passed through Full Appropriations Council on General Government & Health Care this week. The bill makes a number of changes to chapter 39, Florida Statutes, relating to grandparents and other relatives caring for children. This bill provides, in part, that: DCF's quality assurance program must analyze unaccepted reports to the abuse hotline by identified relatives as part of its review of screened out hotline calls; a relative may request to receive notification of all proceedings and hearings related to a child and the attorney for the department must provide such notification to a relative who requests it; authority to develop liaison functions under the relative caregiver program for relatives who care for children; physicians and mental health professionals engaged in the care or treatment of a child may have access to reports and records in cases of child abuse or neglect and specified medical records must be preserved in permanent form by the department; and a reporter of abuse, abandonment or neglect must be provided with the name and other contact information of the protective investigator. The bill has been cited as the "Zahid Jones, Jr. Give Grandparents and Other Relatives a Voice Act."

 

Bill Relating to Medicaid

HFPC 09-01, which was submitted as a committee bill by the Health and Families Services Policy Council passed favorably out of the Council on Thursday by a vote of 21-2.  The bill makes significant changes in the Medicaid Managed Care program administered by AHCA, and also establishes a pilot program for a "medical home" in two counties-Alachua and Hillsborough. 

 

 Autism Spectrum Disorder Screening for Minors

SB242 was favorable with 1 amendment (209710) by Health Regulation. SB242 requires that a physician refer a minor to an appropriate specialist for screening for autism spectrum disorder under certain circumstances. The terms "appropriate specialist" and "neuropsychologist" are also defined in the bill text.

 

Homelessness Bill

HB 597 by Rep. Betty Reed (D-Hillsborough) moved forward this week with a favorable approval by the Health and Family Services Policy Council. The bill now moves to its appropriations committees. The bill establishes a voluntary contribution to the homeless when renewing motor vehicle registration or driver license renewals. It also establishes a homeless prevention grant program and conforms the definition of homeless in general and homeless children to conform with the Federal definition. The bill also encourages the state to adopt the "Housing First" model in serving the homeless. The Senate companion bill, SB 1054 (Crist) also progressed this week with a favorable approval and committee substitute in the Senate Committee on Children and Families, and moves next to Community Affairs.

 

Governor Extends Autism Task Force

Gov. Charlie Crist signed Executive Order 09-82 on Thursday, which extends the Task Force on Autism Spectrum Disorders until January 5, 2011. Gov. Crist was joined at the signing by task force co-chair Dan Marino, Hall of Fame quarterback for the Miami Dolphins. Legislation approved during the 2008 Legislative Session increases health care coverage for services for autism. Beginning April 1, 2009, SB 2654 requires group health insurance policies to cover screening and therapies for autism. For children diagnosed before age 8 with autism spectrum disorders - specifically autistic disorder, Asperger's disorder, and pervasive developmental disorder not otherwise specified - coverage includes up to $36,000 a year for therapies, up to $200,000 in total lifetime benefits. Additionally, insurers cannot deny coverage due to diagnosis of a developmental disability, and coverage must continue until the child's 18th birthday or until no longer enrolled in high school.

 

Grant Opportunities Abound in Stimulus Package

The American Recovery & Reinvestment Act of 2009 provides nearly $100 billion in nationwide, competitive grant opportunities. Governments, 501(c)(3) organizations and collaborative partnerships are eligible for many of these funding opportunities, which flow from federal agencies, through the states or directly to the recipients. Interested parties should closely monitor www.recovery.gov and www.flarecovery.com for the latest grant information. The National Council of Non Profits provides important resources and information regarding the stimulus at www.councilofnonprofits.org.

 

U.S. Senators Call for Conference on Children and Youth

Sens. Mary Landrieu (D-LA) and Richard Burr (R-NC) are set to re-introduce legislation to hold a White House Conference on Children and Youth in 2010. They are circulating a "Dear Colleague" letter asking other senators to become original sponsors of this important initiative. A White House Conference is needed to focus community and national attention on the nation's most vulnerable children, and as a result, on the most critical issues facing children in the United States in the 21st century. Please contact Florida Sens. Nelson and Martinez and ask them to cosponsor the White House Conference on Children and Youth legislation.

 

TAKE NOTE

 

Ragbeer Honored for Advocacy Work

Diana Ragbeer, Director of Public Policy & Communications with The Children's Trust, was honored Thursday with the Nancy Hughes "Community Commitment" Award during a Miami-Dade Days luncheon in Tallahassee. Nancy Hughes was a longtime lobbyist from Miami-Dade County who passed away several years ago. The award is named for Nancy because of her caring and loving nature, her professionalism, her dedication and her hard work. It's given annually to someone who embodies those characteristics. The board felt that Diana "is the embodiment of Nancy Hughes' spirit." Diana's advocacy work in Tallahassee spans nearly 20 years. During that time, her wise counsel and expertise has been sought by many statewide and national organizations. Over the years, she has also successfully merged dozens of divergent agendas into one clear vision -- fighting for Florida's children and their families. At home, she nurtures tomorrow's leaders by engaging and inspiring youth to care about their community and state.

 

Policy Group Wants Your Input

The Florida Cabinet for Children and Youth has adopted recommendations to establish an outcomes accountability process, linking child well-being indicators to budgeting, action plans and performance measures. Baseline indicator data aligned with four key Cabinet strategic plan goal areas already have been established. Next, the Cabinet will select "headline" indicators on which to focus efforts for the next 3 to 5 years. The Policy Group for Florida's Families and Children is assisting the Cabinet in this effort, and would like to hear from a broad range of people on which indicators they believe would best demonstrate improvement in the well-being of Florida's children. Anyone interested can provide input through a short online survey. All responses are anonymous and information will be collected in the aggregate. The Policy Group asks that participants provide their affiliation when completing the survey. The survey will be available until April 17. The survey is also available directly through the Policy Group web site.

 

Florida's Children First Offers Seminars on Serving Foster Youth

On February 19, Florida's Children First (FCF) and the Broward Children's Services Council co-sponsored a seminar on Serving Foster Youth with Disabilities in our Community. The Broward CSC arranged for several community partners who work with children and youth with disabilities to present information on their programs. The community panel focused on early identification of young children with disabilities and school-to-work readiness programs to assist youth transitioning to adulthood. A second panel, arranged by FCF featured attorneys who discussed legal avenues for accessing developmental services from APD, guardianships and alternatives to guardianship. The program was well-received by advocates, community-based care providers, School Board and DCF employees in attendance. Florida's Children First is available to work with other CSCs to do similar seminars to address the needs of this important and often forgotten population of children. Visit the web site at: http://floridaschildrenfirst.org.

 

Campaign Recognizes Children's Outdoor Bill of Rights

Gov. Charlie Crist and his Cabinet signed a resolution on March 24 recognizing the Get Outdoors Florida!  Coalition and the Children's Outdoor Bill of Rights, which encourages children and families to get outdoors, be active and reconnect with nature. The Get Outdoors Florida! coalition unites public and private partners and includes federal, state and non-profit conservation organizations; health and education groups; and businesses. The coalition strives to create a vision of a healthy Florida community that is connected with nature, reflects social diversity and exhibits a conservation ethic, ensuring recreational opportunities and a sustainable future. The Florida Children's Outdoor Bill of Rights proclaims each Florida child has the right to enjoy nature-based activities, such as swimming in a healthy lake, climbing a tree, catching a fish, or camping out under the stars. For more information, visit the Get Outdoors Florida! Web site at: www.GetOutdoorsFlorida.com. 

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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.

 

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