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A week that was supposed to mark the conclusion of budget
reconciliations ended instead with no public budget debate, a lot of
posturing, and growing anxiety about the fate of the state budget. In
fact, conference committees didn't even meet. Most concerning was the
level of secrecy maintained by both House and Senate leadership on the
overall budget process, and whether they are close to striking a deal.
A number of legislators expressed frustration about being "kept in
the dark."
Rumors surfaced throughout week about offers being
exchanged between House and Senate negotiators. In order to get to a
negotiation process, both sides must agree first to a game plan. The
House proposes to spend about $550 million less than the Senate. House
leadership remains committed to cutting costs rather than adding new
revenue. As of Friday afternoon, no agreement has been made public
regarding the bottom line.
Below are a few of the offers speculated to have been
floated between House and Senate during the week:
- The
Senate increased spending on healthcare to bring its version of
that section of the budget more in line with the House.
- The
Senate offered to accept the House's $870 million in higher fees
on motorists, anglers, court filers and others, up from the
Senate's $600 million level. The House indicated it would consider
$900 million in tobacco taxes.
- The
Senate wants a $1 billion tobacco-tax increase. The House wants to
slash $300 million from the salaries of about 120,000 state
employees and divert nearly $1 billion in trust-fund money that
would pay for roads, affordable housing, and the SunRail commuter
project.
- The
Senate plan allows the Seminole Tribe to install full casinos with
blackjack, craps and roulette at its seven resorts, in exchange
for at least $400 million a year. The House wants to limit the
tribe to slots and order blackjack tables shut down, to raise
roughly $100 million a year.
- The
Senate is willing to raid about $445 million (up from $65 million)
in Trust Funds and boost its employee pay cut number from $3.6
million to $20 million. However, it won't move on two crucial
points: The transportation trust fund raids by the House ($420)
and higher education cuts ($460 million).
- The
House may back off some of its pay cut language, dropping from
$240 million to about $140 million because it won't cut
higher-education pay.
Going into the final week of session next week,
speculation is running high on whether legislators will be back after
May 1 for an extended, or special, session. One thing is certain. A
final budget bill must be printed and on legislators' desks by Tuesday,
April 28, if legislators plan to end session on time (May 1).
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Congress Takes Note of Florida "Shell Game"
According to a
Congressional staff report, Florida and seven
other states are improperly using Medicaid stimulus funds
that were supposed to create health-care jobs and help newly uninsured
people get health insurance coverage. The report raises a question of
whether Florida could be held accountable for paying back diverted
money. The staff report, "De-Targeting the Stimulus:
States Diverting Medicaid Funds Away from Helping Poor, Protecting
Health Care Jobs," says Florida's Legislature wants to
use almost $800 million of the Medicaid stimulus to offset
the deficit in other areas by transferring state money out of
the Medicaid budget as federal funds come in. Read more.
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Broward County Pulls Together in Budget Crisis
 Co-convened by the CSC of Broward County and other major
funders in the county, more than 200 providers and funders participated
in the Children's Budget Summit last Saturday. Using the 2006 Broward
County Children's Strategic Plan as an organizing mechanism, attendees
shared data, efficiency strategies and cost-saving ideas. Cindy
Arenberg Seltzer, President/CEO of CSC Broward, said, "This year's
event, held during much harsher economic times than last year's
gathering, will help our community evaluate the true scope of the
crisis and strategize more effective ways to manage
resources." She added that
the work ahead should include looking for opportunities that may not
have been available before, referring to the President's Economic
Recovery Plan.
Vivian Alarcon, CEO of the Florida CSC in Tallahassee, was
among the speakers. She gave an overview of the dire legislative budget
deliberations underway. "There is a huge disconnect between the
needs of children served by organizations represented at the summit and
the Legislature," said Alarcon. "The priorities on Capitol
Hill should generate outrage and a new activism to change this course
or the future will be even more grim for many young Floridians in the
years ahead."
Moving forward, consensus among participants was
that the Summit and working within the framework of the Children's
Strategic Plan provides the infrastructure needed to better confront
the crisis and tap into potential resources.
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CSC
Public Records Exemption Bills on the Move
Bills that would make CSCs permanently exempt from public
records requirements for personal identifying information concerning a
child are continuing to move. 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. HB 7021 by
Governmental Affairs Policy Committee was added to third reading in the
House Thursday. Identical Senate bill, SB 748 by the
Children, Families and Elder Affairs Committee is on second reading in
the Senate.
Another $6 Billion Hit: Property Tax Cap Bill Goes to
House Floor
HJR 385 by Rep.
Rivera (R-Miami-Dade) is on special order in the House. 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). There has
been no action on the Senate companion, SJR 738 by Mike
Bennett (R-Manatee). However, if the House bill passes, they can send
it to the Senate for consideration. The fiscal analysis estimates that
the initiative would reduce annual property tax revenues by at least $6
billion, assuming constant millage rates. In order for the bill to
pass, it would require a three-fifths vote on both sides.
TAKE ACTION: Contact Senate
President Jeff Atwater, as well as Senate members in your district, and
let them know that continued reductions to local revenues will result
in the loss of critical services to children and families in the
communities they represent. Property taxes are the primary revenue
source for children's services councils (CSCs). CSCs invest in services
that ensure Florida's children are healthy, ready to learn, and able to
succeed in today's world.
Bills to Reduce Property Taxes for First-Time Homebuyers
Stall
CS/HJR 97 by Rep.
Carl Domino (R-Palm Beach) and others is on second reading in the
House. The Senate companion, SB 532 by Sen.
Evelyn Lynn (R-Volusia), is in Education PreK-12 Appropriations. The
bills propose a constitutional amendment to give first-time homebuyers
an additional homestead exemption. The House gives an additional 50
percent of the just value up to $250,000. The amount would be reduced
by 20 percent each year. The Senate gives an additional 25 percent of
the just value up to $100,000, and it is phased out over five years.
Both bills also limit increases in property tax for rental property to 5
percent (current limit is 10 percent).
TABOR Bill Stuck in Committee
SJR 1906 by Sen.
Mike Haridopolos (R-Brevard) was not heard again in the final meeting
of the Governmental Oversight & Accountability Committee. The
controversial bill proposes a constitutional amendment that, if
approved by voters, would limit local government revenue increases to
inflation plus population growth. That limit could only be exceeded by
voter approval or a supermajority vote of local officials.
Presumption of Correctness Bill Has Negative Fiscal Impact
on Local Government
HB 521 by Rep.
Carlos Lopez-Cantera (R-Miami-Dade) and others was read a second time
and awaits a floor vote. The bill would shift the burden of proof from
a taxpayer to the property appraiser in a dispute over a property tax
assessment. The bill erodes local authority by requiring the property
appraiser to prove in every challenge that the assessment was derived
in compliance with state law, and professionally accepted appraisal
practices, including mass appraisal standards. Under this scenario,
assessment challenges could increase exponentially. Financial estimates
indicate the bill would have a negative fiscal impact on local
governments of $157 million in FY 2009-10, increasing to $693.5 million
in FY 2013-14, assuming current millage rates. If passed, the bill
would apply to assessments in 2009.
Debate Heats Up Over Gaming Compact
In the midst of
the budget meltdown this week, the House and Senate were at an impasse
on deciding the final terms of the Gaming Compact. The Senate's
proposal is broader and generates more revenue ($400 million). The
House does not like expanded gambling and has refused to back off its
position. In an attempt to get the deal moving, Gov. Charlie Crist
offered a new option on Wednesday that would guarantee the state a
two-year, $1.1 billion loan from the tribe in exchange for exclusive rights
to offer blackjack games in Florida. Republican legislators criticized
the proposal as a risky, shortsighted approach to fixing Florida's
finances. Under the new deal, the tribe would loan the state $600
million for the 2009-10 budget to help ease the state's $6.1 billion
budget crunch. In 2011, the tribe would loan the state $500 million.
However, in the third year, 2012, the state would get nothing from the
tribe -- at the same time federal stimulus money will dry up.
DJJ
Celebrates Youth Success Week at the CapitolFlorida Department of Juvenile Justice (DJJ)
Secretary Frank Peterman Jr. recognized "success stories"
this week of youth who have received services from the department and
its provider partners and chosen a new direction for their lives. Gov.
Charlie Crist was also on hand to recognize their accomplishments.
"Florida's children are one of our most important resources for
securing Florida's future," he said. "I commend Secretary
Peterman and the department for the substantial improvements that
Florida has achieved in helping at-risk young people in building a
brighter future for themselves."
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KidCare
Advocates Continue to Advance Bill
KidCare bill, SB 918 by Sen.
Nan Rich (D-Broward), was placed on the second reading calendar in the
Senate. 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 Gets Nod from House
House bill, HB 807 by Reps.
Clarke-Reid and Rogers, passed the House unanimously and was sent to
the Senate Thursday. 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. SB 338 by Sen.
Frederica Wilson (D-Miami-Dade) is now in Policy & Steering
Committee on Ways and Means.
Vaccination Bill
Threatens Children's Health
SB 242 by
Children, Families and Elder Affairs and Sen. Jeremy Ring (D-Broward)
was temporarily postponed by Policy & Steering Committee on Ways
and Means. The bill 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, parents already may opt out of the
schedule recommended by the Centers for Disease Control and Prevention.
The law of unintended consequences is in full play, and could have a
profound negative impact on public health. There was no action on the
House companion, HB 33 by
Healthcare Regulation Policy and Rep. Kevin Ambler (R-Hillsborough).
Booster Seat Bill on Special Order Calendar
SB 1404 by Sen. Thad Altman (R-Brevard) has been placed on
special order in the Senate. The bill requires booster
seats, in addition to seat belts, for children aged 4 through 7. The
House companion, HB 357 by Rep.
Richard Steinberg (D-Miami-Dade), has not been heard in committee.
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Bills
to Expand Detention Held Back
HB 173 by Rep.
Sandy Adams (R-Seminole) was temporarily postponed on the floor and
then added back to the second reading calendar. Advocates have
continued 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. The Senate companion, SB 654 by Sen.
Charlie Dean (R-Citrus), failed by a 4-3 vote in the Criminal Justice
Committee.
House DJJ Blueprint Commission Bill Sees Movement
HB 1211 by Rep. Luis Garcia (D-Miami-Dade) was read
the second time and moves to third reading. The bill seeks reform
recommendations made by the Blueprint Commission regarding the Florida
Department of Juvenile Justice, including diverting youth, protecting
victims of juvenile crime and addressing issues surrounding
over-representation of minority youth. SB 2128 by Sen. Victor Crist (R-Hillsborough)
remains in Criminal & Civil Justice Appropriations.
Senate Bill to Revise Zero Tolerance Moves to Floor
SB 1540 by Sen. Stephen Wise (R-Duval) has been
placed on special order calendar in the Senate for Monday, April 27.
The bill seeks to revise zero-tolerance policies and prohibit reporting
of petty acts of misconduct and misdemeanors to law enforcement. The
House companion, HB 997 by Rep.
Jennifer Carroll (R-Duval), remains in PreK-12 Appropriations
Committee.
Bill Seeks to Improve Services for Youth in Juvenile Justice
SB 2094 by Sen. Victor Crist (R-Hillsborough) made
it through the Criminal and Civil Justice Appropriations Committee
favorably and went to Policy & Steering Committee on Ways and
Means. 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) remains in the Criminal & Civil
Justice Appropriations Committee.
Bill Raises License Renewal Fee, Uses Funds for Prevention
After receiving approval
by the House and Senate, SB 1724 by
Criminal and Civil Justice Appropriations and Sen. Victor Crist
(R-Hillsborough) was assigned to conference committees this week. Any differences will be worked out
during budget negotiations. 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 $6.3
million.
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INDEPENDENT LIVING / FOSTER CARE
House
Concurrent Custody Bill on Special Order
HB 1519 by Rep.
Rich Glorioso was added to the special order calendar in the House. 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. Sen. Ronda Storms
(R-Hillsborough), sponsor of companion SB 1888 has
requested the bill be withdrawn from its final committee. The bills'
sponsors remain optimistic that concurrent custody will pass near the
end of the regular session.
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 and
went to Health and Human Services. The bill would provide foster
children with access to their own records. SB 1128 by Children, Families, and Elder
Affairs; Education Pre-K - 12, passed unanimously through its
final committee, and has been placed on the special order calendar for
Monday next week. 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.
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Salary
Caps: Docs and Public Health Units
CS/SB 1662
(pg. 2, line 34), a Senate Dept. of Health Conforming
Bill, repeals county health departments' (CHD) current exemption from
salary rate control (s. 216.262 (1), F.S.). If passed, the bill has the
effect of limiting the salaries of doctors and dentists working in CHDs
that care for the poor and uninsured. This 11th hour
amendment would cripple physician recruitment. According to Gary
Mahoney, Acting Secretary of Administration for the Department of
Health, the going rate for a dentist is about $105,000. The bill
restricts salary to $65,000 without special legislative approval. Sen. J.D. Alexander (R-Polk),
chairman of the Senate budget committee, defended the move saying it
was important that lawmakers keep tabs on spending. The Florida Association of Counties
is working on the issue during the Appropriations Conference.
"Double
Dipping" Bill Passes House
HB 479 by Rep. Rob Schenck (R-Hernando) and others was
adopted by the House Wednesday on a 110-6 vote. It is now in Senate
messages. Companion bill, SB 1182 by
Sen. Mike Fasano (R-Pasco) has been placed on the second reading
calendar in the Senate. Essentially, the bills are 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 (FRS) after 2010 to forgo
retirement benefits as long as they are re-employed by an FRS employer.
Specifically, the bill revises the
definition of "termination" by extending the prohibition on
retiree reemployment with an FRS employer from one calendar month to 12
calendar months. The bill also extends the period under which a retiree
reemployed by any FRS employer may not collect both a salary and
retirement benefits from months 2 through 12 after retirement to months
13 through 24. FRS retirees may continue to receive their pension and
salary if reemployed as instructional and specified support personnel
by an FRS employer; however, they must first meet the definition of
termination, which means they must separate from employment for a
12-month period before being reemployed as such personnel. The bill
also eliminates renewed membership in the FRS. Thus, precluding
retirees reemployed with an FRS employer from accruing a second
retirement benefit. The bill, however, grandfathers in those who are
renewed members at the time of the bill's effective date. The bill has
an effective date of July 1, 2009, with certain reemployment
restrictions beginning January 1, 2010.
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Congress Makes Health Care Top Priority
After a two-week spring break, lawmakers returning to Washington are
expected to "move into high gear" over the next two months to
create a health care reform plan that will "meet the president's
priority," but major disagreements between the two parties remain,
reports the Washington Times. Read the article.
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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
FCSC Board Meeting
May 5-6 - CSC of St. Lucie
County
Spence Announced as New NAPC President
Browning Spence, Deputy
Director of JWB-CSC of Pinellas County, was recently elected 2009-2010
President of the National Association of Planning Councils (NAPC). The
NAPC is a national non-profit organization that, "seeks to improve
the human condition through encouraging research-based community planning
and action." On behalf of the CSCs, Florida CSC congratulates
Browning on this prestigious honor.
Tallahassee Democrat: Fix KidCare Now
An April 20 editorial in
the Tallahassee Democrat urges
Florida lawmakers to repair the KidCare system so that thousands more of
the state's 800,000 uninsured children can gain health care coverage. Read the editorial.
The Last Lion: The Fall and Rise of Ted Kennedy
"The Last Lion" is a recently
published book that chronicles the many programs and institutions that
are now part of American life as a result of Ted Kennedy's ability to get
laws passed by Congress. Written by a team of reporters for the Boston Globe and edited by Peter
Canellos, the book mentions programs such as Health Care Maintenance
Organizations, the SCHIP program, and funding for the National Institute
of Health that are all, in large part, the work of Sen. Kennedy.
Interestingly, the book's title comes from a statement made by Arizona
Republican Sen. John McCain, who has described his colleague from the Bay
State as the "last lion" of the Senate, and the most effective
member of that body in getting proposals transformed into law. Learn more.
"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.
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Capitol
Connection is also available online at the FCSC web site.
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