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Week Six

April 9, 2009

 

Legislators had much to accomplish in very little time this week due to an abbreviated schedule in observance of the Passover and Easter holidays. House and Senate members convened Monday and Tuesday with two things in mind -- finalizing their budget proposals, and getting priority bills moving to keep them alive for the final weeks of session. Appropriations panels in both chambers approved differing versions of the state budget - unanimously in the Senate, but along party lines in the House. Each includes federal stimulus funds, as well as millions in new or increased user fees. The Senate budget also builds in new revenue sources including higher tobacco taxes, and the state's share of expanded Seminole Indian and other gambling.

 

Reductions in the House's $65-billion budget include: Children's Medical Services by 1.6%, Guardian ad Litem by $7.6 million, or 23%, resulting in 5,700 children being dropped, and $2.8 million for supervisory and executive positions in the Department of Juvenile Justice. Department of Corrections funding of prison beds will be increased while drug treatment in corrections will be decreased. The House seeks to restore $14.2 million to adoption subsidies and partially restore community-based foster care services with $5.6 million.

 

The Senate's $65.6-billion budget spreads out stimulus funding over two years instead of one, with the result being harder immediately on health and human services than the House plan. Reductions are found in Community Based Care ($9 million) and Juvenile Assessment Centers ($2 million). Additions are made in Early Steps ($3 million) and Adoption Maintenance Subsidies ($17.1 million). Neither House nor Senate versions appear to cut Healthy Start, Independent Living, or Pre-K (except for administrative positions). Floor votes are expected in both chambers during the week of April 13. Joint conference committees then will try to reconcile differences before the 60-day legislative session ends May 1.

 

See the text of the House and Senate appropriations and implementing bills:

 

House

HB 5103 (implementing bill)

HB 5101 (appropriations act)

HB 5003 (implementing bill)

HB 5001 (appropriations act) 

 

Senate

SPB 7072 (appropriations act)

SPB 7074 (implementing bill)

S 2600 (appropriations act)
S 2602 (implementing bill)

 

TAKE ACTION

: With only a few weeks left in Session, now is the time to contact Senate President Jeff Atwater and House Speaker Larry Cretul and urge them to restore funding to these critical programs that serve Florida's most vulnerable children:

  • Kinship Care - The Florida Kinship Center will close its doors on June 30, 2009, if $400,000 in funding from DCF's Special Projects is not reinstated. In 2008, the Florida Kinship Center saved the state $20 million by keeping children in homes with their families rather than in the more costly foster care system.
  • Community Based Care - The Senate proposes a $9 million cut this year on top of $9.8 million not restored from last year's cut, which results in a total reduction of $18.8 million for the foster care system. The House restores $5 million of the $9.8 cut last year, but does not provide any additional funding for 2009-2010.
  • Guardian ad Litem - Proposed cuts of 23% would result in a potential loss of more than one-third of the staff needed to recruit, screen, train, coach and mentor the volunteer child advocates who represent the best interests of abused, abandoned and neglected children caught in the state's dependency system.

 

Youth Show Support During Secretary Sheldon's Confirmation Hearing

 

Sec. George SheldonVeteran administrator George Sheldon was confirmed Monday to head the Department of Children and Families after a brief hearing before the Senate Children, Family and Elder Affairs Committee. Governor Crist appointed him to the position after DCF Secretary Bob Butterworth stepped down last year. During the hearing, a youth group from Florida Youth Shine planned to stand and waive in support of Sec. Sheldon's confirmation. Committee Chair Sen. Ronda Storms requested the group come up and speak to the committee. Afterward, there was not a dry eye in the room. Sec. Sheldon has a long history of government service including an eight-year stint as a state representative beginning in 1974. More recently, Sheldon served under Butterworth as deputy secretary. Sheldon also worked in the Attorney General's office. Sheldon credited improvements made to the department by his predecessor and the thousands of DCF employees across the state.

 

Former Justice O'Connor in Town on Tuesday

 

FCSC 2009 Policy PacketRetired U.S. Supreme Court Justice Sandra Day O'Connor addressed the Florida Legislature Tuesday during a joint session. She talked about the importance of civics education and teaching social studies in American schools. O'Connor, who was the first woman appointed to the United States Supreme Court in 1981, retired in 2006. Since her retirement, she has focused on pushing civics education, saying she became increasingly aware of the lack of knowledge many people had about government, particularly the courts. Together with Georgetown University and Arizona State University, O'Connor has launched www.ourcourts.org, a site designed to promote interactive civics curriculum to students and teachers.

 

IN OTHER STATE NEWS

 

Bill Passes to Reduce Property Tax for First-Time Homebuyers

CS/HJR 97 by Military and Local Affairs Policy Committee, Rep. Carl Domino (R-Palm Beach) and others passed the Finance and Tax Council on Tuesday. A proposed constitutional amendment, the bill would give an additional homestead exemption to first-time homebuyers of 50 percent of the just value up to $250,000. The tax-savings amount would be reduced by 20% each year. The fiscal note projects a revenue loss to local government of $200 million by 2013-14.

 

Property Tax Cap Bill Ready for House Floor

HJR 385 by Rep. Rivera (R-Miami-Dade) passed its final committee last week and now goes to the House floor. 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. The Senate companion joint resolution, however, SJR 738, has passed out of only one Senate committee, and has three more committee references before it can go to the Senate floor. SJR 738 has not been scheduled to be heard in its next committee. Chances of these joint resolutions passing this session do not appear likely.

 

TABOR Bill Postponed Again, Likely Dead

SJR 1906 by Sen. Mike Haridopolos (R-Brevard) that calls for local governments to seek voter approval before raising taxes was postponed again on Monday. The controversial bill, vocally opposed by local governments, 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 voiced concerns saying such a plan would paralyze their ability to properly fund the kinds of services their citizens expect.

 

Tobacco Tax Moves in Senate

SB 1840 by Sen. Ted Deutch (D-Palm Beach) passed the Policy and Steering Committee on Ways and Means Tuesday by a vote of 16-1. The expanded bill would raise taxes by $1 a pack on cigarettes, as well as other tobacco products including cigars, chewing tobacco and snuff. Sen. Rudy Garcia said that he will introduce an amendment when the Senate's budget comes to the floor next week to try to remove hand-rolled cigars from the proposed tobacco tax increase. He said the increase on cigars would mean 10,000 cigar rollers would lose their jobs in Florida.

 

"Double Dipping" Bill Clears Senate Panel
SB 1182 by Sen. Mike Fasano (R-Pasco) which would prohibit a retired state employee from getting retirement benefits and a salary at the same time was approved unanimously Tuesday by the Senate Ethics and Elections Committee. The bill is aimed at "double dipping," where employees leave to take retirement benefits, and then get re-hired. The bill, approved as a committee substitute, would require any person who retires under the Florida Retirement System after 2010 to forgo retirement benefits as long as they are re-employed by the state.

FEA Says Floridians Support Tax for Schools
The Florida Education Association released polling it took that suggests a majority of Floridians would support a penny sales tax to fund education. The poll, conducted by Hamilton Campaigns March 11-17, found that 72 percent of Floridians would strongly favor or somewhat favor a tax increase to help fund schools. The poll surveyed 800 people. "These polling results confirm that Floridians want to make our schools a priority," said FEA President Andy Ford in a press release. "It is more important than ever that our state's political leadership make the investment in Florida's future - its children." The House and Senate have pending legislation that would consider a penny tax increase. The Senate version would attach the penny tax increase to an amendment tweaking the class size provision in the Constitution. However, House members remain largely anti-tax, so passage is unlikely.

~ Courtesy of Florida News Service

 

CHILDREN'S HEALTH

 

Florida KidCare Bill Passes Senate Committee
KidCare bill,
SB 918 by Sen. Nan Rich (D-Broward), was approved by the Senate Health Regulation Committee Monday. 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 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.

 

Booster Seat Bill Passes with Amendment

SB 1404 by Sen. Thad Altman (R-Brevard) was passed unanimously by the Criminal Justice Committee on Monday. The bill requires booster seats for children aged 4 through 7. An amendment was added to exempt usage of a booster seat for a child being transported in the bed of pick-up truck or riding on a parade float.

 

JUVENILE JUSTICE

 

Bill to Expand Detention on House Floor

A bill that is less favorable for youth in the juvenile justice system is scheduled for its second reading on the House floor. 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 Bill Awaits Hearing

SB 2128 by Sen. Victor Crist (R-Hillsborough) was placed on the agenda of its last committee this week. If it passes, it will go to the Senate floor. 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) remains in Criminal and Civil Justice Appropriations. 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.

 

Zero Tolerance Revisions Get Support in Senate Committee

SB 1540 by Sen. Stephen Wise (R-Duval) revises zero-tolerance policies and prohibits reporting of petty acts of misconduct and misdemeanors to law enforcement. The bill, passed unanimously out of the Senate Education Pre-K-12 Committee, now moves to Judiciary. Related bill, HB 997 by Rep. Jennifer Carroll, is currently in the Public Safety and Domestic Security Policy Committee.

 

Bill Seeks to Improve Services for Youth in Juvenile Justice

SB 2094 by Sen. Victor Crist (R-Hillsborough) was added to the Criminal and Civil Justice Appropriations agenda. 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 waiting to be scheduled for the Full Appropriations Council on General Government & Health Care.

 

Bill Raises License Renewal Fee, Uses Funds for Prevention

SB 1724 by Criminal and Civil Justice Appropriations and Sen. Victor Crist (R-Hillsborough) passed the Policy & Steering Committee on Ways and Means Tuesday. The bill would raise the surcharge on license tax from $1 to $1.50 when an owner renews his/her registration for a motor vehicle, moped or motorized bicycle. The money generated would go to the Grants and Donations Trust Fund within DJJ to be used for prevention programs. The fee increase is estimated to generate an additional $8.4 million in revenues annually. For Fiscal Year 2009-2010, the surcharge is estimated to generate approximately $6.3 million.

 

INDEPENDENT LIVING / FOSTER CARE 

 

Concurrent Custody Continues Movement

A strike-all amendment offered by Sen. Mike Fasano and containing all agreed-upon revised language for SB 1888 (Storms) passed unanimously out of Senate Judiciary Committee as a committee bill on Monday. The main change is that relatives must obtain written consent from one of the parents in order to pursue a petition for concurrent custody. The bill now goes to Senate Criminal and Civil Justice Appropriations Committee. The companion House bill, HB 1519 by Rep. Rich Glorioso, is scheduled to be heard in its final committee.

 

TAKE ACTION: Contact Criminal and Civil Justice Appropriations Committee Chair Sen. Victor Crist and ask him to schedule the Committee Substitute for SB 1888 next week. Please also contact members of the House Policy Council and urge them to pass HB 1519 next week.

 

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

SB 126 by Sen. Paula Dockery (R-Polk) passed the Judiciary Committee on Monday. The bill would provide foster children with access to their own records. It still has two committees of reference before it can go to the floor. SB 1128 by Children, Families, and Elder Affairs; Education Pre-K - 12, was scheduled for the Policy & Steering Committee on Ways and Means. This bill addresses problems faced by foster youth in continuing/ maintaining their education when their placement changes. It also provides other supports for foster youth in schools.

 

OTHER ISSUES

 

"Transparency Florida" Act Requires Local Governments to Post Financial Data Online

SB 1796 by JD Alexander (R-Polk) and HB 971 by Rep. Dorothy Hukill (R-Volusia) would require local governments to submit to the state extensive information on annual revenues, expenditures, salaries, contracts and bonded indebtedness for inclusion on a public access website. SB 1796 was passed unanimously by the Governmental Oversight & Accountability Committee, which is its last committee prior to reaching the Senate floor (an additional Senate committee of reference was removed last week to accelerate the bill's movement to the Senate floor). HB 971 has already passed out of one committee. An additional House committee/council of reference was also removed for HB 971, meaning that it has only one committee stop before it reaches the House floor.

TAKE NOTE

 

The Children's Cabinet 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.

 

Report Ranks Florida Pre-K Low on Money Spent, Quality

Florida's voluntary prekindergarten program remains among the poorest nationally when rated on money spent and quality, according to a national report card released Wednesday. However, the state rates second for access in the annual Preschool Yearbook issued by the National Institute for Early Education Research. With respect to spending, Florida ranked 34th out of 38 states that fund pre-k programs, spending about $2,500 per child last year. Only Arizona, Colorado, South Carolina and Maine spent less. The state average was more than $4,000. The "2008 State Preschool Yearbook" is sixth in a series of annual reports profiling state-funded prekindergarten programs in the United States. The latest Yearbook presents data on state-funded prekindergarten during the 2007-2008 school year. Download a copy of the report.

 

 

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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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