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Week Six April 14, 2008
Smaller State Budget Nears Completion
 

The Florida House and Senate have passed differing spending plans with the House at $65.1 billion and the Senate at $65.9 billion. Both plans are roughly $5 billion less than last year's budget. FCSC learned last week that cuts to the School Readiness program appear to have improved slightly. Total reduction amounts for School Readiness have been difficult to determine due to differing reduction strategies used by the House and Senate, including cuts in TANF, CCDF, HIPPY, ELIS and GR. Later this week, the House and Senate will go into budget conference committees with final proposed appropriations. Legislators must reconcile budget differences and agree on the state budget package before submitting a final budget to Gov. Crist. Below is how budget reductions are stacking up.

 

ISSUE

SENATE

HOUSE

COMMENT

School Readiness

-$14.5 M

-$11 M

 

Healthy Start

-$.7 M

-$5 M

Reduction in Family Health (DOH).

Healthy Families

-$3.8 M

-$3.9 M

12.5% reduction.

Early Steps

-$3.8 M

-$1 M

Reduced federal funding authority.

Children's Medical Services

-$7.8 M

-$11.7

17% reduction in GR in House; 11% reduction in GR in Senate.

Community Based Care

-$18.9 M

-$18.9 M

4.4% reduction.

CW Prepaid Mental Health Plan

-$4 M

-$4 M

 

Child Protection Investigation

-$7 M

-$7 M

Includes 5% reduction to Sheriff's ($2.4 M) and $4 M reduction (71 positions) in DCF.

Independent Living

-----

-$7 M

25% reduction in House.

Adoption Maintenance Subsidies

$16.6 M

$16.6 M

Program is funded at same amount as last year. However, it is running at a deficit. With current adoption goals, FCF predicts the program will run at a $16.6 M deficit by next year.

JACS

-$.34 M

-$7 M

House cuts $3.65 M from high-volume JACs in Palm Beach, Pinellas, Broward, Miami-Dade, Hillsborough, and Orange counties. Low-volume JACs are cut by $3.4 M.

CINS/FINS

-$1.8 M

-$1.8 M

 

Gender Specific

-$0.69 M

-$0.35 M

Reduction in PACE; GAP (4 additional locations)

 

Per student funding for VPK still remains the same as last year in the House at $2,677 per student. In the Senate, per student funding was reduced to 2,572 per student. 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 remains 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).
Third Time Not a Charm for TABOR

 

After months of deliberation, numerous drafts and two previously postponed votes, the Taxation and Budget Reform Commission (TBRC) voted down Constitutional Proposal 045 (CP 045) known as the "Taxpayer Bill of Rights" (TABOR). With 14 yeas and 9 nays, the measure failed to draw the two-thirds vote necessary to place the amendment on the November ballot. CP 045 had several iterations but, to the end, it was a revenue and expenditure cap on state and local governments, and independent special districts. Two additional amendments offered this morning to shelter children's services councils failed on a voice vote.

 

The primary concern among commissioners who did not support passage of TABOR was that the TBRC already passed CP 02 known as the "tax swap." CP 02, which goes to voters in November, completely eliminates the school property tax and replaces it with a one-cent sales tax. Commissioners argued that if TABOR was also in place, the $4 billion education hole in the state budget created by CP 02 would be nearly impossible to fix under TABOR's revenue cap.

 

Commissioners voting no on TABOR were: Martha Barnett, Sandy D'Alemberte, Les Miller, Jim Scott, John McKay, Roberto Martinez, Darryl Rouson, Jade Thomas Moore, and Carlos LaCasa. CSC amendment sponsor Martha Barnett, along with Commissioners Jim Scott and Sen. Gwen Margolis spoke eloquently in support of the CSC amendment. The final meeting of the TBRC is expected to be April 24 where it will review its final package of proposals.
CHILDREN'S HEALTH
 

KidCare

SB 888 by Sen. Mandy Dawson (D-Broward) was approved unanimously in Health Policy April 8. The bill redesignates the Division of Children's Medical Services Network within the DOH as the "Division of Children's Medical Services Network and Specialty Programs." Also, it creates the Division of Children's Health Insurance and the Office of Child Health Coordination within the DOH. It redesignates ch. 391, F.S., as the "Children's Health Act," and revises the components of the Children's Health program. The bill also requires the DOH to administer the Florida Kidcare program.

 

Medicaid
HB 5085 by Rep. Ray Sansom (R-Okaloosa) and the Policy and Budget Council passed the House floor late last week and was sent to the Senate. The Senate referred the bill to the Fiscal Policy & Calendar Committee. Among several other provisions, the bill provides for the expansion of the Medicaid managed care pilot program to Hardee, Highlands, Hillsborough, Manatee, Miami-Dade, Monroe, Pasco, Pinellas and Polk counties.

 

SB 1854 by Sen. Durell Peadon (R-Okaloosa) passed the Senate floor last week with an amendment that enables the Governor, the Senate President, and the 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 bill also discontinues optional Medicaid payments for certain persons age 65 or over or who are blind or disabled. It revises certain eligibility criteria for pregnant women and children younger than 21, and discontinues adult dental services and adult hearing services on a certain date.

 

Health Care
SB 2534 by Sen. Durell Peaden (R-Okaloosa) passed on the Senate floor April 10. The bill implements Gov. Crist's Cover Florida Health Care Act, which would allow state government to negotiate with health insurers to develop affordable coverage for Florida's 3.8 million uninsured individuals. Private health insurers have indicated that benefits packages could cost about $150 or less per month. Critics are questioning the level of coverage a $150 plan could offer, and fear Floridians could be underinsured and not realize it.

 

"Farmer's Marketplace" Health Care Plan

HB 7081 by the Healthcare Council and Rep. Aaron Bean (R-Nassau) passed through the Healthcare Council and the Policy & Budget Council last week. The bill would eliminate mandates and allow consumers to pick and choose the types of benefits they want -- a concept Rep. Bean calls the "farmer's marketplace." Specifically, the bill creates new programs for the purchase of health insurance coverage and other health services, and creates a healthcare marketplace referred to as "Florida Health Choices Program" and "Cover Florida Health Access Act." It also includes an employer-sponsored option for the Florida KidCare Program.

 

Childcare

A committee substitute of HB1271 sponsored by Rep. Nick Thompson (R-Lee) moved to the House floor from the Health Care Council. The bill provides for the Department of Children and Families to analyze certain unaccepted reports to the central abuse hotline; expands access to certain confidential reports of child abuse or neglect to include physicians, psychologists and mental health professionals; and provides conditions for a relative to be collateral contact in certain child protective investigations. A committee substitute of the Senate version, SB 2644, by Sen. Rhonda Storms (R-Hillsborough) was reported favorably by Children, Families, and Elder Affairs and is now in Judiciary Committee.

 

Autism

SB 2654 by Rep. Steven Geller (D-Broward) passed as a committee substitute through Health and Human Services Appropriations. The bill, titled "Window of Opportunity Act," requires health insurance plans to provide coverage for screening, diagnosis, intervention, and treatment of autism spectrum disorders in children. The House version, HB 1291 by Rep. Ari Porth (D-Broward), awaits review in the Healthcare Council.

CHILD SAFETY
 

Children's Zones

HB 3 by Rep. Dorothy Bendross-Mindingall (D-Miami-Dade) passed the Policy & Budget Council last week. SB 500 by Sen. Larcenia Bullard (D-Monroe) is awaiting a hearing in Children, Families and Elder Affairs. The bills allow counties and municipalities to designate certain areas as children's zones, and provide a process for nominating children's zones and organizing planning teams and strategic community plans. HB 3 establishes the Magic City Children's Zone and Jacksonville Children's Zone pilot projects. The sum of $3.6 million is in proviso language in the proposed House appropriations bill.

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) was approved unanimously 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. The House version, HB 7087 by Rep. Mitch Needleman (R-Brevard), was filed last week and referred to the Policy & Budget Council.

 

SB 832 by Sen. Paula Dockery (R-Polk) was temporarily postponed by the Criminal Justice Committee on March 18, but may be reconsidered at a later date. 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) was approved unanimously by the Senate Criminal Justice Committee on April 8. The House companion, HB 273 by Rep. Sandy Adams (R-Seminole), is on the House calendar still awaiting second reading. According to former Blueprint Commissioner Carlos Martinez via written correspondence to Committee Members, the bills would significantly increase costs to the counties and the state for the detention centers, run counter to any efforts to keep children from becoming repeat offenders and adult criminals, and will increase disproportionate minority contact with the courts.

Sen. Dave Aronberg (D-Palm Beach) offered an amendment that would minimize the impact on juveniles awaiting placement. However, the amendment was later withdrawn with direction from Sen. Paula Dockery (R-Polk) to continue to work on the bill in light of the concerns expressed and fact that counties are having a hard time meeting current fiscal obligations.

INDEPENDENT LIVING/FOSTER CARE 
 

Foster Care

SB 2762 by Sen. Paula Dockery (R-Polk) 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.

 

SB 2750 by Sen. Ronda Storms (R-Hillsborough) is now in Education Pre-K - 12 after receiving a favorable vote with 1 amendment by Children, Families, and Elder Affairs Committee. The bill provides conditions for court appointment of a surrogate parent for educational decision-making for a child who has or is suspected of having a disability and provides access to free public education for certain children in foster care. Companion bill, HB 769 by Rep. Kurt Kelly (R-Marion), was read for the first time on the House floor, and was referred to House Calendar for second reading.

 

Adoption

SB 1084 by Sen. Nan Rich (D-Broward) was passed as a committee substitute by the Judiciary Committee, and is now in Criminal and Civil Justice Appropriations. The bill revises various provisions of the Florida Adoption Act. House version HB 663 by Rep. Dean Cannon (R-Orange) has already passed the House floor.

FEDERAL NEWS

 
U.S.
Senate Subcommittee on Health Focuses on S-CHIP

Senate Democrats April 9 lambasted federal guidance limiting enrollment in the State Children's Health Insurance Program, saying the directive is illegal and will result in denial of health care coverage to millions of children. Democrats on the Senate Finance Health Subcommittee said the directive from the Centers for Medicare & Medicaid Services placed an unattainable mandate on states and was an attempt by the current administration to limit SCHIP coverage when faced with passage of legislation in 2007 expanding the program. Subcommittee Chairman John D. Rockfeller IV (D-W.Va.). Rockefeller said he believed CMS did not have the legal authority to issue the directive. More information is available at: http://finance.senate.gov/sitepages/hearing040908.htm.

 

U.S. House Energy & Commerce Committee Takes Up Medicaid

Members of the House Energy and Commerce Committee agreed to place a moratorium on seven HHS Medicaid regulations until April 1. The bill could be passed as a stand-alone measure, or could be attached to an emergency Iraq spending bill to expedite its enactment. More information is available at: http://energycommerce.house.gov/

U.S. Senators Seek to Preserve Health Care for Nation's Most Vulnerable

A bipartisan group of Senators has filed legislation aimed at reversing threats to health care access for America's seniors, pregnant women, individuals with disabilities and children. Sens. Jay Rockefeller (D-WV), Olympia Snowe (R-ME) and Edward Kennedy (D-MA) introduced the Economic Recovery in Health Care Act of 2008, legislation that would implement a one-year moratorium on proposed regulatory changes to Medicaid and CHIP, and provide states in need with federal relief.

Additionally, the Act offers temporary state fiscal relief by providing $12 billion in targeted state fiscal relief - with $6 billion in additional Medicaid assistance and $6 billion in general revenue-sharing grants to states. Each state must meet certain criteria in order to qualify for relief payments under the bill. The criteria would be based on the average of state ranks in unemployment, food stamp participation, and foreclosures. To view the bill, go to the Library of Congress web site at:
http://thomas.loc.gov/ and search for bill 2819.
 
In Other News
 

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. The bill is sitting on the Second Reading Calendar waiting to be heard.

 

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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