CC Banner

Week Seven

April 17, 2009

 

With two weeks left in the Regular Session, legislators will not have much time to work through budget differences. However, both sides appear extremely motivated to end session on time - May 1. On Thursday, the Senate passed its budget bill (SB 2600) and immediately sent it to the House. Friday, the House took up the Senate bill, attached amendments and passed it with a vote of 74-45, along party lines. This move sets the stage for conference committees to begin Monday next week. Senate President Jeff Atwater and House Speaker Larry Cretul announced that they plan to have the final budget printed on April 26. Conference committees will begin meeting Monday, April 20. Any issues left unresolved will be "bumped" to budget chairs by noon, Thursday, April 23. Remaining unresolved issues will be "bumped" to leadership by 6:00pm on Friday, April 24.

Earlier in the week, the House and Senate released their 2009-10 budgets with the House proposal at $65.1 billion and the Senate at $65.6 billion. The main differences between the two plans occur in general revenue funding and use of trust funds. The House budget sweeps more than $900 million from trust funds and uses $800 million in increased fees. The Senate plan does not sweep trust funds. It does, however, rely on increased fees ($500 million), as well as revenues from tobacco ($1 billion) and the gaming compact ($500 million). Both plans use $3.5 billion in federal stimulus funding.
 
Despite the fact that the Senate budget raises approximately $1 billion in tobacco revenues, their funding for health and human services is nearly $250 million less than the House proposal. This is a serious concern. Last week, the Senate's top health care budget writer, Sen. Durell Peaden, learned that the additional money raised from the tobacco tax would not help him balance the health care budget. He was informed that roughly the same amount in general revenue was cut from health and human services for other areas. Peaden said he had been led to believe that, if the Senate pursued a higher cigarette tax, it could mean nearly $1 billion more for health care. The move also angered Sen. Nan Rich who said there will be no additional money from the tobacco surcharge in the health care budget.
 
The budget still does not address significant reductions in Community Based Care, Guardian ad Litem and Juvenile Assessment Centers.

House and Senate Budget Conferees
> House Conferees List
> Senate Conferees List

 

Stimulus Funds Flow to Florida

 

The Joint Legislative Budget Commission met on Wednesday to consider budget amendments that would inject nearly $4 billion in stimulus funds from the American Recovery and Reinvestment Act into Florida's economy. The panel gave state agencies the authority to spend federal funds in many areas including youth employment, school services to homeless and disabled youth, adoption subsidies, housing weatherization and transportation projects. In addition, $1.8 billion in increased Medicaid funding for five state agencies was approved. Other funds, such as $2.2 billion for education have not yet begun to flow, as Florida awaits instruction from Federal officials regarding a waiver of rules requiring school spending to remain at 2006 levels. Some stimulus funds, such as $20 increases in food stamp weekly amounts, have already begun to flow. Additional funds ($80 million total - $30 million for this year) were also approved for AWI for the school readiness program to maintain and increase the availability of child care to low income children. Funds will also be held for statewide early learning activities and quality initiatives. FCSC and the Early Learning Coalitions are working closely with AWI to determine the best options for maximizing federal school readiness dollars in serving Florida's children and their families.

 

IN OTHER STATE NEWS

 

CSC Public Records Exemption Bills Expected to Pass

Bills that would make CSCs permanently exempt from public records requirements for personal identifying information are poised for passage in the House and Senate. The exemption protects a child's or family's personal identifying information held by a CSC or by a service provider or researcher under contract with a CSC. Under current law, the exemption is subject to review under the Open Government Sunset Review Act, and is scheduled to sunset on Oct. 9, 2009, unless it is reauthorized. SB 748 by the Children, Families and Elder Affairs Committee is still in the Rules Committee waiting to be scheduled for its first floor hearing. The House version (HB 7021) is on the calendar for second reading.

 

Bills Pass 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 unanimously through the Full Appropriations Council on Education & Economic Development. 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 percent each year. Projected revenue loss to local government is about $200 million by 2013-14. The Senate companion, SB 532 by Sen. Evelyn Lynn (R-Volusia), also passed unanimously through the Finance and Tax Committee this week. The Senate version provides an additional exemption of 25 percent of the just value up to $100,000, and is phased out over five years. The bill also limits increases in property tax for rental property to 5 percent (current limit is 10%). Gov. Charlie Crist attended this week's Finance and Tax committee to urge legislators to support the bill. He did the same in the House a few weeks earlier.

 

TABOR Bill Stalls for Fifth Time

SJR 1906 by Sen. Mike Haridopolos (R-Brevard) was on the agenda this week, but not voted on for the fifth time in Governmental Oversight and Accountability. 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.

 

Property Tax Cap Bills See No Movement

There was no movement this week on HJR 385 by Rep. Rivera (R-Miami-Dade) or its Senate companion (SJR 738). The bills propose 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).

 

Senate, House Support Different Versions of Gaming Compact

The Senate passed its Seminole Gaming bill (SB 836) Thursday on a 27-11 vote. The Senate plan allows the Seminoles to install full casinos with blackjack, craps and roulette at its seven resorts. In exchange, the tribe would pay the state at least $400 million a year -- enough to pay for 27,000 teachers, said bill sponsor Sen. Dennis Jones (R-Orange). Meanwhile, the House is maintaining a "no expansion" position, which will generate less revenue for the state, roughly $100,000. As both sides move into conference next week, the final terms of the Gaming Compact will become clearer.

 

Senate Approves Tobacco Tax

The Senate passed its proposed tobacco tax, SB 1840 by Sen. Ted Deutch (D-Palm Beach), without an exemption for hand-rolled cigars, and with a prohibition on Floridians buying cheaper, non-taxed cigarettes from Indian reservations. Sens. Victor Crist and Arthenia Joyner withdrew an amendment that would have exempted hand-rolled cigars from the tax after being assured the senators who negotiate with the House over the budget would seek to get an exemption in conference negotiations. The Senate bill has been placed on the House calendar.

 

CHILDREN'S HEALTH

 

KidCare Passes 2nd Senate Committee, Stalled on House Side
KidCare bill,
SB 918 by Sen. Nan Rich (D-Broward), passed its second committee of reference, the Banking and Insurance Committee, on Tuesday by unanimous vote. 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. The House bill, HB 1329 by Rep. Jimmy Patronis (R-Bay), has yet to be heard.

TAKE ACTION: Contact House Speaker Larry Cretul and let him know how important improved access to children's health insurance is. Urge him to ensure HB 1329 is heard right away.
  

KidCare Outreach

SB 338 by Sen. Frederica Wilson (D-Miami-Dade) was passed by the Health Regulation Committee. The bill would require OPPAGA to perform a study of the outreach efforts of the KidCare program, and submit a report to the Legislature by a specified date. The bill is now on the agenda for Health and Human Services Appropriations. The House bill, HB 807 by Reps. Clarke-Reid and Rogers, is on the calendar on second reading.

 

Vaccination Bill Threatens Children's Health

SB 242 by Children, Families and Elder Affairs and Sen. Jeremy Ring (D-Broward) may be coming out of committee soon and could cripple regulations supporting timely and effective childhood immunizations. It revises requirements for the administration of certain vaccines required for school entry. It also allows a parent, legal guardian, or authorized person to choose an alternative immunization schedule under certain conditions. While these provisions may seem reasonable, the law of unintended consequences is in full play and could have a profound negative impact on children's health. The companion in the House is HB 33 by Healthcare Regulation Policy and Rep. Kevin Ambler (R-Hillsborough).

 

It is not infrequent that a child is brought to a pediatrician by a grandmother, nanny, older adult, sibling or stepfather. While a doctor may have known the family for years, without legal authorization, vaccines will not be given, putting the child at risk, as well as those in contact with the child. Even more concerning, the bill has no exemption for disease outbreaks declared by the Department of Health (DOH). Even if a disease is rampant in a community, and if DOH deems a rapid response is necessary, preventive programs would be severely restricted. The current vaccine schedule developed by the Center for Disease Control is determined by science, expert consensus and public health realities. 

 

TAKE ACTION: Contact members of the Policy & Steering Committee on Ways and Means and urge them to take a closer look at the science and the public health implications passing this bill may cause.


Booster Seat Bill On Agenda for Monday

SB 1404 by Sen. Thad Altman (R-Brevard) is on the Transportation and Economic Development Appropriations Committee agenda to be heard Monday next week. The bill requires booster seats for children aged 4 through 7. Unfortunately, the House bill, HB 357 by Rep. Steinberg, still has yet to be heard.

 

JUVENILE JUSTICE

 

House Bill to Expand Detention Postponed

The Senate companion to Rep. Sandy Adams' detention bill, SB 654 by Sen. Charlie Dean (R-Citrus), was temporarily postponed in the Senate Criminal Justice Committee (its first committee hearing) after Sens. Wilson, Siplin and King expressed concerns and asked what the Department of Juvenile Justice's (DJJ) position was on the bill. In the absence of DJJ Secretary Frank Peterman, committee members were told that the Department had no position on substantive legislation. The bill will likely be reconsidered on April 20. Advocates and organizations representing youth, including Public Defenders, the Children's Campaign, Southern Poverty Law Center and NAACP continue to express concerns with the bill's increased detention time and over-reaching impact on some pre-adjudicated youth. Law enforcement and many judges would like to give judges final authority for the placement of youth and support the legislation. House companion, HB 173, is on second reading on the House floor.

 

DJJ Blueprint Commission Bill Awaits Hearing

SB 2128 by Sen. Victor Crist (R-Hillsborough) remains in the Criminal & Civil Justice Appropriations Committee. 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 passed earlier this week by the Criminal & Civil Justice Appropriations Committee. It is now in Full Appropriations Council on General Government & Health Care. 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 Need Hearings

Bills revising zero tolerance policies in the Senate, SB 1540 by Sen. Stephen Wise (R-Duval), and in the House, HB 997 by Rep. Jennifer Carroll (R-Duval), are in the PreK-12 Appropriations committee in each chamber. The bills seek to revise zero-tolerance policies and prohibit reporting of petty acts of misconduct and misdemeanors to law enforcement.

 

TAKE ACTION: Please contact the members of these committees and urge their positive support.

 

Bill Seeks to Improve Services for Youth in Juvenile Justice

SB 2094 by Sen. Victor Crist (R-Hillsborough) remains on the Criminal and Civil Justice Appropriations agenda for early next week. 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 awaiting a hearing in the Criminal & Civil Justice Appropriations Committee.

 

Bill Raises License Renewal Fee, Uses Funds for Prevention

SB 1724 by Criminal and Civil Justice Appropriations and Sen. Victor Crist (R-Hillsborough) had its third reading and is in House Messages. The bill would raise the surcharge on license tax 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 $7.7 million.

 

INDEPENDENT LIVING / FOSTER CARE 

 

Concurrent Custody Bill Moves in House

HB 1519 by Rep. Rich Glorioso unanimously passed the Policy Council Tuesday, its final committee of reference. The bill authorizes a court to order concurrent (as well as temporary) custody of a minor child to a family member who has physical custody of the child. The bill provides petition requirements for requesting concurrent custody and provides that if one of the minor child's parents objects to the petition, the petitioner may convert the petition to one for temporary custody. The bill also provides that the court must terminate an order for concurrent custody if one of the minor child's parents objects to the order. The companion bill, SB 1888 by Sen. Ronda Storms (R-Hillsborough) remains in Criminal and Civil Justice Appropriations.

 

OTHER ISSUES

 

Bill Calls for White House Conference on Children & Youth

Sen. Stephen Wise (R-Duval) filed SB 2784 this week, which calls on the United States Congress to authorize, and President Barak Obama to convene, a White House Conference on Children and Youth in 2010. The White House Conference on Children and Youth is dedicated to critical child welfare issues, including child abuse and neglect, keeping families together, health and mental care, tribal children's issues and homelessness.

 

"Double Dipping" Bill Awaits Next Hearing
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, is on the Governmental Oversight and Accountability Committee agenda Tuesday next week. The bill is aimed at "double dipping," where employees leave to take retirement benefits, and then get re-hired. The bill 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.

 

Senate Committee Approves Autism Spectrum Disorder Screening for Minors

SB 242 by Sens. Jeremy Ring (D-Broward) and Mike Fasano (R-Pasco) passed the Children, Families, & Elder Affairs Committee this week. SB 242 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.

 

Bill Facilitates Electronic Exchange of Health Records

SB162 by Sen. Jeremy Ring (D-Broward) was passed by the Judiciary Committee. It is now on the Health and Human Services Appropriations Committee agenda.  The bill expands access to a patient's health records in order to facilitate the exchange of data between certain health care facility personnel. It also requires the AHCA to operate an electronic health record technology loan fund, subject to a specific appropriation.

 

U.S. Lawmakers Introduce Juvenile Justice Reauthorization Bill

Senior members of the Senate Judiciary Committee reintroduced legislation to reauthorize expiring programs in the Juvenile Justice and Delinquency Prevention Act (JJDPA). Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), Ranking Member Arlen Specter (R-Pa.), Committee members Herb Kohl (D-Wis.) and Richard Durbin (D-Ill.) introduced the Juvenile Justice and Delinquency Prevention Reauthorization Act to authorize key programs designed to protect children. The Juvenile Justice and Delinquency Prevention Reauthorization Act will increase federal funding of prevention, intervention and treatment programs designed to reduce the incidence of juvenile crime. The reauthorization legislation aims to balance providing federal support and guidance to state programs, and respecting the individual criminal justice policies of states. Learn more.

 

TAKE NOTE

 

Children & Youth Cabinet Meeting

May 5 - United Way of Miami Dade

The Ansin Building-Ryder Room

3250 SW Third Avenue

Miami, FL 33129-2712

 

Children's Trust Reauthorization: The Video

In addition to the printed version of a well-organized and comprehensive case study of The Children's Trust reauthorization campaign, now there is an 8-minute video about the campaign available online. See the video.

Broward CSC and KidVision VPK Bring Innovation to the Classroom

The CSC of Broward has partnered with WPBT2, a south Florida public media outlet, to use the power of the internet to foster innovation in the classroom. The initiative was created to support the professional development of Voluntary Prekindergarten (VPK) teachers, and has already seen tremendous success. More than 1,000 registered users are taking advantage of the free online professional development program. Learn more. Also, visit the KidVision VPK web site.

 

"After the School Bell Rings" Short Video Online

BrightHouse Networks has produced an abbreviated version of the afterschool video, titled "After the School Bell Rings." The video can be viewed online at the FAN web site at www.myfan.org. Go to the "Advocacy" section and select "Media" from the dropdown menu.

 

FAN to Offer In-Service Training for Afterschool Providers

The Florida Afterschool Network is excited to announce a partnership among the Agency for Workforce Innovation, the Children's Forum, the Children's Services Councils, and the Early Learning Coalitions to deliver a series of in-service training opportunities for afterschool providers and practitioners. The statewide in-service training opportunities are based on the FAN "Florida Standards for Quality Afterschool Programs." For the training dates and locations, please visit the Calendar section of the FAN web site at www.myfan.org.

 


 -------------------------

 

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