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Week Seven April 18, 2008
State Legislators Dealing for Dollars
 

Legislators Thursday began negotiations to balance the state's anemic budget after the House and Senate announced appointments to joint budget conference committees. Budget chairs have reached early agreement on a few key elements of the final budget. Lawmakers agreed to a seven-day sales tax holiday for the coming year, but it will be for clothes only and not books. They also will suspend the hurricane sales tax break holiday for the coming year. The Senate agreed not to raise school property taxes next year. Additionally, the Senate has agreed to divert $270 million from the Department of Transportation (DOT) trust fund, and $330 million from a DOT fund generated by taxes on real estate transactions. Despite pleas from Gov. Crist, lawmakers have not agreed to tap into the Lawton Chiles Endowment to soften the blow of deep cuts to health care. The Senate wants to spend $159 million from the fund. Legislators also say they do not plan to increase the cigarette tax or add a penny sales tax.

 

Conference negotiations began with $7.1 billion in general revenue appropriated for Health and Human Services. In the House, that amount translated into $83 million less than originally proposed. In the Senate, it meant a little more. Conference committees are expected to meet through Tuesday, April 22, to iron out differences. At that time, any unresolved issues will be bumped to House and Senate leadership for final negotiation. The legislature is required to pass a balanced state budget before session's end on May 2. An extended session is highly unlikely.

 

TAKE ACTION: Contact legislators and members of the budget conference committees now and urge them to protect critical programs for children.

> House Conferees List - House Contacts

> Senate Conferees List - Senate Contacts

  • School Readiness - Thank members and ask them to continue to restore funding. A cut larger then $3.7 million will result in the forfeiture of federal funds. (TED/Econ. Expansion)
  • Healthy Start - Support the Senate's lower proposed cut. (Health & Human Services/Health Care)
  • Healthy Families - Restore funding to Healthy Families. (Health & Human Services/Health Care)
  • KidCare - Protect the additional KidCare slots in both the House and Senate. (Health & Human Services/Health Care)
  • VPK provider rates - Hold the House position of $2,677 per child (same as this year). (TED/Econ. Expansion)
  • Independent Living - Accept the Senate position (no cuts).
  • Juvenile Assessment Centers (JACs) - Support the Senate's position, which holds most JACs harmless. (Criminal & Civil Justice/Safety & Security)
A more complete list of cuts that need to be restored is found in the table below.

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)

Taxation and Budget Reform Commission to Meet Again

With the defeat of the Taxpayer Bill of Rights (TABOR) proposal (CP 45) in Monday's Taxation and Budget Reform Commission (TBRC) meeting, attention has shifted back to the TBRC's approved "tax swap" proposal (CP 02), which eliminates an estimated $9 billion in property taxes for schools, and requires the legislature to find other ways to replace the revenue by increasing the state sales tax and/or repealing many sales tax exemptions. Sen. Mike Haridopolos (R-Brevard) has criticized the constitutional amendment proposal, saying it would lead to the largest tax increase in state history.

 

This morning, Sen. Haridopolos held a three-hour public hearing on the proposal. School board members, the tourism industry, accountants, printers, manufacturers, the agricultural industry, and several major business groups testified in opposition to the proposal saying it would create uncertainty in the marketplace, and could lead to an even more complex and burdensome tax structure for Florida. Sen. Haridopolos emphasized that the proposal, if passed, would place Florida at a tremendous disadvantage.

 

The TBRC is scheduled to meet again April 24 and 25 in Tallahassee. While the TABOR proposal is not listed on the agenda for either day, mounting pressure to "do something" on property taxes, combined with waning support for CP 02, could tempt commissioners to take another look at passing some form of TABOR. The FCSC will continue to monitor this closely.

House Considering Hybrid of Senate Health Plan

 

Without debate, the Senate unanimously passed Gov. Crist's affordable health insurance plan this week. The measure (SB 2534), by Sen. Durell Peaden (R-Okaloosa), was referred to the House, which has been working on a different proposal -- HB 7081 by the Healthcare Council and Rep. Aaron Bean (R-Nassau). On Thursday, the House accepted the Senate plan, but with amendments. The House added language that would allow insurance companies to come up with other no-frills insurance programs that may not cover everything Crist's plan would, and wouldn't have as much state oversight. The House also is pushing for changes, including placing the state Office of Insurance Regulation in charge of regulating insurers participating, and letting families with a child in KidCare take that money and buy into private insurance plans offered through their employers. Generally, the bill would lift state mandates requiring insurers to offer a wide benefit package so they can offer stripped-down plans that could cost the insured as little as $150 a month. Under the plan, insurers would negotiate with the state and offer two types of plans: One with catastrophic coverage and one without. Insurers can cap services, limit coverage, require co-pays and offer prescription drug coverage.

CHILDREN'S HEALTH
 

KidCare

A number of proposed KidCare bills have stalled in their respective committees. With only two weeks left in the Legislative Session, the bills must continue to be heard quickly and moved to the floor in order for KidCare legislation to survive. Existing bills include:

  • SB 888 by Sen. Mandy Dawson (D-Broward).
  • HB 1275 by Rep. Loranne Ausley (D-Leon) and companion bill, SB 2472 by Sen. Nan Rich (D-Broward).
  • HB 1457 by Rep. Rene Garcia (R-Miami-Dade) and companion bill, SB 2032 by Sen. Mike Fasano (R-Pasco).
TAKE ACTION: Call legislators and urge them to pass a KidCare bill that removes enrollment and retention barriers, and creates a seamless system to make it easier for eligible children to remain in the program and help newly eligible children enroll.

 

Medicaid
HB 5085 by Rep. Ray Sansom (R-Okaloosa) and the Policy and Budget Council passed the House floor with a vote of 74-41 on Thursday last week. The bill passed on the Senate floor Wednesday with a vote of 26-14. Among several other provisions, the bill provides for the expansion of the Medicaid managed care pilot program in 2010 to Hardee, Highlands, Hillsborough, Manatee, Miami-Dade, Monroe, Pasco, Pinellas and Polk counties. The bill now heads to conference committee with members that have been appointed by the House and Senate.

 

Childcare

HB 1271 by Rep. Nick Thompson (R-Lee) was approved by the Policy & Budget Council and heard on the House floor. Referred to as the "Zahid Jones Give Grandparents and Relatives a Voice Act," the bill provides that relatives can request notification of all proceedings and hearings regarding a child's care. It gives access to DCF records and gives investigator's contact information to a child's treating physician within 24 hours of an investigator being assigned. It also establishes the first Sunday after Labor Day as "Grandparents and Family Caregivers Day" in Florida. Senate version, SB 2644, by Sen. Ronda Storms (R-Hillsborough) is in Judiciary.

 

Autism

SB 2654 by Sen. Steve Geller (D-Broward) is on Special Order Calendar. 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), remains in the Healthcare Council.

JUVENILE JUSTICE

 

Juvenile Justice

SB 700 by Sen. Victor Crist (R-Hillsborough) awaits review in Criminal & Civil Justice Appropriations. The bill includes substantive legislation advancing the recommendations of the Blueprint Commission. The House version, HB 7087 by Rep. Mitch Needleman (R-Brevard) was reported favorably by the Policy & Budget Council on Tuesday.

 

SB 792 relating to Juvenile Justice by Sen. Carey Baker (R-Lake) has been added on the Senate Judiciary Committee agenda for April 21. The House companion, HB 273 by Rep. Sandy Adams (R-Seminole) had its second reading on the House floor on Wednesday.

INDEPENDENT LIVING/FOSTER CARE 
 

Foster Care

SB 2762 by Sen. Paula Dockery (R-Polk) is now in Governmental Operations after being reported favorably as a committee substitute by the Judiciary Committee last week.

 

SB 2750 by Sen. Ronda Storms (R-Hillsborough) awaits review in Judiciary Committee. The bill provides conditions for court appointment of a surrogate parent for educational decision-making for a child who has 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 second time on the House floor.

 

Adoption

SB 1084 by Sen. Nan Rich (D-Broward) which revises various provisions of the Florida Adoption Act was passed by Criminal and Civil Justice Appropriations this week and was placed on the Senate Calendar for first reading. House version HB 663 by Rep. Dean Cannon (R-Orange) already passed the House floor on April 2.

OTHER ISSUES
 

Children's Zones

HB 3 by Rep. Dorothy Bendross-Mindingall (D-Miami-Dade) and the Healthcare Council passed the House unanimously on Wednesday and was sent to the Senate. Companion bill, SB 500 by Sen. Larcenia Bullard (D-Monroe), was pulled from committees of reference and is on the agenda for Health and Human Services Appropriations.

 
Property Tax

Following the defeat of the highly controversial Taxpayer Bill of Rights proposal in the Taxation and Budget Reform Commission meeting Monday, a flurry of property tax bills have been moving through the House this week.

 

HJR 949 by Carlos Lopez-Cantera (R-Miami-Dade) is a rendition of House Speaker Marco Rubio's property tax proposal asking voters to amend the state Constitution so that all real property (residential, commercial, rental) will not exceed 1.35 percent of the highest taxable value of a property. The bill passed the Policy & Budget Council this week and is on second reading on the House floor. A similar bill in the Senate, SJR 2190 by Sen. Mike Bennett (R-Manatee), was reported favorably in Community Affairs on April 9. It is now in Finance and Tax.

 

HJR 7125 is a proposed Constitutional amendment by the Policy & Budget Council, Government Efficiency & Accountability Council and Rep. Frank Attkisson (R-Osceola) that would give the legislature authority to place caps on revenues collected by the state, as well as counties, cities, school boards and special districts. The legislature also would have authority to determine how excess revenues may be used. The bill was approved by the Policy & Budget Council along party lines at the end of a marathon session that lasted from 9 a.m. to 4 p.m. Additionally, the bill revises the current limitation on revenues from a growth factor using personal income to a growth factor based on population and inflation, plus one percent. The base year is updated to FY 2007-08. There is no Senate companion.

FEDERAL NEWS

 

Congressional Action on Medicaid

House bill H.R. 5613, titled Protecting the Medicaid Safety Net Act of 2008, now has 164 co-sponsors. It went to the House Energy and Commerce committee this week following its approval by that committee's health subcommittee. Republican members of the subcommittee supported it after provisions were added regarding asset verification and additional funding for efforts against Medicaid fraud. Rep. Joe Barton (R-TX) said he thought the White House would not veto it after those measures were added. Rep. Dingell is the committee chairman, a sponsor, and likely to gavel the bill through the committee soon. Prospects for H.R. 5613 are quite good at this point. The bill seeks to preserve critical health care programs and services by extending a moratorium on several Medicaid regulations. The regulations are estimated to strip $20 billion over five years from the Medicaid program.

 

 

Federal bill S. 2819, cited as the Economic Recovery in Health Care Act of 2008, was introduced April 3. The Senate Finance Committee hasn't held any hearings on it yet, nor have there been any subcommittee hearings. There are just 12 cosponsors at this point.  Unlike the House bill, it contains $12 billion in additional assistance to states in 2008-2009, including $6 billion in Medicaid FMAP increases for 38 states. Those additional expenditures could be a problem because savings must be found in other programs to stay within the budget resolution. Sen. Charles Grassley (R-KS), the ranking Republican and former chairman of the committee, has expressed comments to the effect that he considers a moratorium to be passing the buck and seems at odds with chairman Max Baucus (D-MT) who favors the moratorium. The bill seeks to preserve access to Medicaid and the SCHIP in times of an economic downturn. The act extends moratoriums for seven controversial Centers for Medicare & Medicaid Services rules that would affect states' eligibility criteria for SCHIP.

 

In other federal news, Dennis Smith, director of CMS' Center for Medicaid and State Operations, resigned last week. Smith has been criticized for proposing Medicaid regulations that state governors and some lawmakers believe will reduce health care funding for low-income residents. He also received criticism regarding regulations that limit how states may expand coverage under SCHIP.

 
In Other News
 

Children's Board Celebrates 20th Anniversary

Last night, the Children's Board of Hillsborough County (CBHC) celebrated its 20th anniversary with a dinner and ceremony to recognize the leaders and youth who have contributed to CBHC's success. Board members and community leaders gathered to celebrate passage of the 1988 referendum that started it all. Congratulations to the CBHC and its community partners for working to improve the lives of children and families.

 

Hard times put kids at risk, as well as programs to serve them

Read the recent Miami Herald article, which provides a substantive report on the impacts of state budget cuts to several children's programs. Read article.

 

Advocates: Budget cuts would hit abused children, foster kids, adoptions

The Palm Beach Post reports on what child advocates are saying about budget cuts to key programs. Read article.

 

A Vision for the Reauthorization of Child Care

Leading advocacy organizations have recently come to agreement on "A Vision for the Reauthorization of Child Care." The vision offers a blueprint for the reauthorization of the Child Care and Development Block Grant and strengthening of the Dependent Care Tax Credit. It focuses on four key national agenda items:

  • Ensuring children and families have access to affordable, healthy, safe care
  • Improving quality to promote early learning
  • Improving and expanding care for infants and toddlers
  • Providing needed research and technical assistance

The Vision is supported by the National Association of Child Care Resource and Referral Agencies, the National Women's Law Center, the Center for Law and Social Policy, the National Association for the Education of Young Children, the National Association for Family Child Care, the Early Care and Education Consortium, the Children's Project, and the National Council of La Raza.

 

Early Bird Registration for Infant Mental Health Conference Extended

The North Florida Chapter of the Florida Infant Mental Health Association and the Florida Association for Infant Mental Health are hosting the 8th Annual Conference, titled "Building Our Future" May 15-16 in Jacksonville. Early Bird Registration has been extended to Friday, April 18. With a focus on infant-toddler development and mental health, the conference will feature the latest research and best practices to enhance social emotional development in infants, toddlers, and young children. For more information visit the Infant Mental Health web site.

 

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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 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