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After months of heated debate and vocal opposition to SB
1216/HB 1227, Florida CSC reached an agreement this week with bill
sponsors Sen. Joe Negron (R-St. Lucie) and Rep. Debbie Mayfield
(R-Indian River) that will require the state's eight CSCs to go back to
the voters in their counties for reapproval at least once. The
agreement addresses the sponsors' concerns and also gives CSC
communities the ability to decide what's best for their children. Sen.
Negron attached the agreed-upon language to CS/CS/SB 2014,
the Early Learning bill by Sen. Stephen Wise (R-Duval). The bill passed
the full Senate Thursday on a 36-2 vote. No word on the House side.
The original
bill, SB1216 by Negron, was also amended per the agreement and passed
on second reading in the Senate Friday. Prior to the agreement, this
bill would have required five CSCs to go to the ballot this fall,
leaving little time to prepare and launch the necessary voter education
campaigns - a recipe for elimination. The bill also would have required
CSCs to automatically return to the ballot every six years, forcing
them to operate in a constant "campaign mode" and detracting
from their core mission.
Under the
agreement, the first referendums would be held in Martin, Okeechobee
and St. Lucie counties in 2014. Referendums in Broward, Hillsborough,
Palm Beach and Pinellas counties would occur in 2016, followed by
Miami-Dade County in 2020. Voters would have the option to reapprove
their CSC in perpetuity, or for a specific number of years with an
option to renew. If the ballot language is silent on the timeline for
reapproval, subsequent referendums would be held every 12 years.
It was clear Sen.
Negron was very passionate about this issue and felt strongly that CSCs
should be reapproved by the voters. However, there were a number of
components in his original bill and successive amendments that would
have threatened CSCs' ability to make the kind of long-term investments
in children the voters empowered them to do. It was also clear that
without resolution, this issue would resurface year after year,
possibly with even more dire consequences for Florida's children.
Despite concerns by the
Florida CSC Board, it was decided that it was time to move past this
legislative conflict and return the focus to children. All of the CSCs
appreciate the outpouring of support, and are grateful to the many
strong champions who stood by them throughout this process. Florida CSC
asks for their continued support when the time comes to vote
"yes" for their CSC.
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Budget Negotiations Move Quickly After Last Weekend's
Stall
Feeling the pressure of an election year, lawmakers are
working feverishly to pass a balanced budget by April 30, the end of
the 2010 Session. The pressure to "finish on time" is
tremendous considering that lawmakers have faced some of the toughest
and most controversial issues in years. Besides starting the Session
with a $3-billion revenue shortfall, budget talks between the House and
Senate stalled last weekend when the Senate had to pull most of the
pending federal Medicaid money it had budgeted. Ultimately, they agreed
to use only $115 million of the FMAP money ($50 million for health
care). Additionally, lawmakers have been consumed by the Seminole
gambling deal and Medicaid reform for Florida (see Medicaid story
below).
As for Florida CSC priorities, some of the funding for
Healthy Families may be in jeopardy. The House proposal contains $28
million, and the Senate only has $13.7 million. Originally, the Senate
was using FMAP money to fund Healthy Families. This issue will get
bumped to leadership over the weekend. As of April 23, Florida CSC
priorities that have fared well in budget negotiations include:
- School Readiness --
Maintains funding at current year level. However, $5.4 million of
recurring General Revenue was replaced with $2.7 million of
non-recurring General Revenue and $2.7 million of non-recurring
state trust fund.
- VPK -- House and Senate
agreed to fund VPK at $404.4 million, which includes $72.8 million
in stimulus funding and represents a .5 percent reduction from the
current year. As of Wednesday, the per child allocation will be
approximately $2562 for school year and $2179 for summer. It also
reduces VPK admin to 4.5 percent.
- KidCare - House and
Senate budget lines match up. Fully funds expected enrollment
growth.
- Healthy Start Coalitions
- $4 million in funding for coalitions has been restored; however
a $2 million cut in services has been proposed.
- Community Based Care - At
this time, it appears the House and Senate have agreed to a
potential increase of $25 million over last year's budget.
- Independent Living -
Language that cut the monthly stipend nearly in half has been
removed, with agency rulemaking to take place to determine terms
and amounts.
- JACs - $1 million cut has
been restored.
Both
sides are continuing to reconcile a $2.2 billion difference between the
$69.4 billion proposal in the Senate and the $67.2 billion proposal in
the House. By Wednesday afternoon, budget conferees provided their
recommendations with unresolved issues being bumped to the budget
chairs - Sen. JD Alexander and Rep. David Rivera, who continue to meet
this weekend. Any issues that remain unresolved will be bumped up later
this weekend to House Speaker Larry Cretul and Senate President Jeff
Atwater. Negotiations are scheduled to be completed by Monday, April 26
- at least 72 hours before it can be voted on by the full Legislature.
> See Senate Budget
Conference Information
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Medicaid Reform Fate Uncertain
An update from the United Way's Legislative Link newsletter reports that the House passed
its Medicaid bill on Monday and negotiations began in earnest. While
both bills are intended to reduce the cost of the $19 billion program
by moving Medicaid patients into managed care, they are fundamentally
different. The House bill would move the program's 2.7 million
Floridians into managed care plans over the next five years, starting
with Miami-Dade County in coming months, while the Senate plan would
expand the state's five-county Medicaid pilot program to 19 additional
counties, moving an additional 250,000 Medicaid recipients into managed
care. This issue, more than any other at this point, looks like it
could be the one that keeps legislators in Tallahassee past their
scheduled sine die, if they are indeed going to pass something. To view
a side-by-side comparison of the differences between the bills, visit
the Florida CHAIN.
Additionally, a
report from the Florida Center for Fiscal and Economic Policy was
released that urges lawmakers to wait on expansion until there is
assurance that Medicaid recipients (especially those new populations
slated to be put under the managed care umbrella) will have appropriate
access to needed services. Read the report.
Constitutional Amendment Asks Voters to Decide on
Mandatory Health Care Requirement
Under a proposed constitutional amendment that cleared its last
legislative hurdle Thursday, Florida voters will be asked in November
to vote on federal attempts to require Florida residents to carry
health insurance. Unfortunately, Florida's House and Senate approved
HJR 37, a joint resolution meant to nullify recent federal health care
reforms if approved by voters in November. As a proposed constitutional
amendment proposed by the Legislature, the measure does not need to be
approved by the governor or reviewed by the Florida Supreme Court.
If approved by 60 percent of voters, the amendment would insulate the
state from federal mandates only if federal courts rule in the state's
favor in a lawsuit filed in March by Florida and 12 other states
challenging the constitutionality of the federal law. Supporters of the
measure say that the Supremacy Clause of the United States
Constitution, which says that federal law takes precedence over
conflicting state laws, wouldn't be applicable if the new federal law
is found to be unconstitutional.
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CSC Amendment Placed on ELC Bill The Early Learning Bill (SB
2014 C2), by Sen. Stephen Wise (R-Duval) originally included
provisions related just to early learning, such as cleaning up obsolete
statutory references, clarifying state-level authority, increasing
collaboration across state agencies, and ensuring flexibility to meet
federal requirements. On Wednesday, Sen. Joe Negron attached the CSC
agreement language to the bill in an effort to get his legislation
passed this year. The bill passed the full Senate on a 36-2 vote. The
House companion, HB
1203 by Rep. Bryan Nelson
(R-Orange), has not moved since passing its third committee on Monday.
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Taxpayer Bill of Rights
(TABOR)
SJR
2420 by Sen. Mike Haridopolos (R-Brevard), also known as
TABOR,is still in Finance & Tax. The bill proposes an amendment to
the state constitution to limit tax revenues and, if passed by the
electorate, would require voter approval of new taxes and fees. The bill
no longer includes local governments under the spending cap, so it
would apply only to state revenues. The bill needs a three-fifths vote
from both the House and Senate to get on the ballot this fall.
Assessment Limits for Non-Homestead Property, Additional
Exemptions for New Homeowners
SJR
1254 by Mike Fasano (R-Pasco) hasn't moved. The resolution
proposes amendments to the State Constitution to reduce from 10 percent
to 5 percent the limitation on annual assessment increases applicable
to non-homestead real property, provide an additional homestead
exemption for new owners of homestead property and application and
limitations with respect thereto. Similar bill, HB 655 by Carl Domino (R- Palm Beach), is
still in Rules and Calendar Council.
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Legislature Approves Concurrent
Custody Bill
The House and Senate have both passed HB 25
by Rep. Rich Glorioso (R-Hillsborough), which provides a legal remedy
for extended family caregivers to obtain needed services for children
in their care.
Transition Services for Youth
SB 1356 by Sen. Stephen Wise
(R-Duval) is still on second reading in the Senate. The bill
permits the Department of Juvenile Justice (DJJ) to provide transition
to adulthood services to youth in DJJ's custody or supervision. It
requires that transition-to-adulthood services for a youth must be part
of an overall plan leading to the total independence of the child from
DJJ's supervision, and the bill specifies the requirements of the
overall plan.
Background Screenings
HB 7069 by the Criminal & Civil Justice Policy Council
along with Rep. Snyder (R-Martin) and Rep. Ari Porth (D- Broward) is
still in messages in the Senate. The bill prevents individuals from
working with children, disabled adults or adults over 65 until they
pass a background screening. It also prevents those classified as
sexual predators from ever being able to work with vulnerable
individuals.
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Juvenile
Justice Blueprint Bill
CS/SB 1072 by Sen. Stephen Wise (R-Duval) was read a second
time on the Senate floor and ordered Engrossed. A similar bill in the
House, HB 7181 by Rep. Kevin Ambler (R-Hillsborough), was
temporarily postponed on second reading in the House. The bills make
changes to the juvenile justice chapter, along with conforming changes
to 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. Some of the
provisions in the bill include: encouraging the diversion of youth nine
years old or younger who are found by a court to pose no danger to the
community and are unlikely to recidivate back into supervision;
expanding definitions of the "child in need of services" and "family
in need of services" to allow these youth to be served by the
CINS/FINS network; promoting the use of restorative justice practices
to support victims of juvenile delinquency; requiring a juvenile
probation officer during intake to recommend referring this type of
youth to an appropriate CINS/FINS shelter; and allowing for the
commitment of a youth who is pregnant, or mother with an infant, to a
mother-infant program.
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Booster Seat Bill
SB 316 by Sen. Thad Altman (R-Brevard) has
passed the Senate and is on its way to the House. As a show of
confidence, 67 House members have signed on as co-sponsors to the House
bill. It would require booster seats, in addition to seat belts,
for children aged 4 through 7 and less than 4'9" to protect the
child by properly using a crash tested, federally approved child
restraint device. It also provides certain exceptions, and redefines
the term "motor vehicle" to exclude certain vehicles from
such requirements.
CALL
TO ACTION:
Call House leadership, Speaker
Larry Cretul, Reps. Adam Hasner, Ellyn Bogdanoff and Bill Galvano and
urge them to waive the rules to either 1) take up the Senate bill or 2)
hear the House version on the floor and send it to the Senate. Also,
please help to ensure passage by asking as many Representatives as
possible to sign on as additional co-sponsors to the House bill (HB
387). Florida's children's lives depend on it.
Bill
to Create Collier County CSC Passes House, Sent to Senate
HB 511
by Rep. Matt Hudson (R-Collier) passed the House and in messages to the
Senate. The bill provides a
charter to create an independent special district to provide children's
services in Collier County. The Senate companion, SB 1162, was never
heard in committee.
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TAKE
NOTE
Early
Learning Listening Tours
Over the next two months,
the U.S. Departments of Education (ED) and Health and Human Services
(HHS) will hold a series of Listening and Learning About Early Learning
meetings with one stop in Orlando on May 4, which will focus on family
engagement. The meetings will focus on topics related to early learning
(birth through 3rd Grade): Understanding Preschool - Grade 3 Structures,
Workforce and Professional Development, Family Engagement, and Standards
and Assessments. The meetings will be led by Secretary Duncan's senior
advisor on early learning, Jacqueline Jones, and HHS's Deputy Assistant
Secretary and Inter-Departmental Liaison for Early Childhood Development
at the Administration for Children and Families, Joan Lombardi. The
meetings will help inform the work of ED and HHS around early learning. Learn more.
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Capitol
Connection is also available online at the FCSC web site.
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