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2008
Legislature Adjourns with Bare-Bones
Budget
Florida
legislators concluded a somber 2008 Legislative Session
Friday with the ceremonial sine die and farewells to 35
of their colleagues who will not return next year due to
term limits. Lawmakers also approved a significantly
reduced state budget of $66.2 billion - more than $5
billion less than the budget they passed just a year
ago. The House approved the 2008-09 budget Thursday
night largely along party
lines, 75-44. In the Senate, the budget passed
32-8.
For most of
the 60-day session, the state's revenue shortfall loomed
over proceedings, bringing cuts to nearly every area of
the 2008-09 budget. Health and Human Services, which
comprises a large percentage of the state's general
revenue funds, endured some of the largest reductions.
Still, there were a few bright spots, including $13.6
million ($53 M with federal match) to expand KidCare
enrollment, full restoration of Healthy Start,
Children's Medical Services and Independent Living, as
well as passage of the Success in Early Learning Act.
Below is a list showing how some of the children's
programs fared for the coming year.
> DOWNLOAD a
complete copy of the 2008-09 final state budget - HB
5001.
> DOWNLOAD
the Healthcare Council/Health and Human Services final
appropriations.
|
ISSUE |
FY
08-09 (Conference Report - HB
5001) |
COMMENT |
|
VUPK
·HIPPY |
$356
M
(2,628
per student)
$1.4
M |
1.83%
Reduction |
|
School
Readiness |
$643.7
M |
Reduction
of $14.8 M (including federal
match) |
|
Florida
Healthy Kids |
$471.9
M |
Addition
of $53.1 M (including federal match)
Creates 38,000
additional slots |
|
KidCare
Outreach |
$0 |
Outreach
funds eliminated |
|
Healthy
Start |
$74.2
M |
No
reductions |
|
Healthy
Families |
$28
M |
$2.2
M reduction in services; $.3 M reduction in
administration |
|
Early
Steps |
$49.3
M |
No
reductions |
|
Children's
Medical Services Network (DOH +
AHCA) |
$271.1
M |
No
reductions |
|
Community
Based Care |
$697.2
M |
Reduction
of $10.9 M + $7.5 M Admin |
|
Child
Protection Investigation (DCF &
Sheriff) |
$80.1
M |
DCF
investigator positions restored ($4 M); reductions
to Sheriff's of $2.4 M |
|
CINS/FINS |
$30.7
M |
Reduction
of $1.9 M |
|
Gender
Specific-GAP
-
PACE
-
GAP |
$10.9
M
$0.2
M |
Reduction
of $0.2 M
Reduction
of $0.5 M |
|
Children's
Zone |
$3.6
M |
Addition
|
|
Note:
Independent Living and Juvenile Assessment Centers
were held harmless with no
reductions. | |
|
Legislature Passes Governor's Health Plan, Plus
Some
Despite a legislative session plagued by
budget woes, Gov. Charlie Crist managed to get his
health insurance plan (SB
2534) passed on the last
day of session. Crist's "Cover Florida" plan allows
insurers to bid to provide coverage for 3.8 million
adult Floridians without insurance. Insurers would
create a scaled-down plan that could cost as little as
$150 a month and still cover preventive care and basic
hospitalization. House leadership finally agreed to
Crist's plan with the provision that it contain a
House-backed idea to create a public-private corporation
to sell coverage through employers. The governor had
earlier rejected the House approach, criticizing its
$1.5 million cost and new bureaucracy as
unneeded.
Under
the "Cover Florida" plan, individuals who have been
without insurance for at least six months will be
eligible to participate. No mandates will require
individuals or employers to participate. Additionally,
policyholders would have the option to carry dependents
until age 30. The legislation also creates the Florida
Health Choices Corporation. The corporation will be
governed by a Board of Directors, composed of appointees
of the Governor, President of the Senate and Speaker of
the House. The board will also include ex-officio
members that represent related Florida state agencies.
The Office of Insurance Regulation (OIR) will review all
risk-based products offered by the corporation and offer
recommendations to the board regarding whether products
should be offered to the public through the marketplace.
OIR will also provide information to consumers about
each risk-based product offered in the
marketplace. |
|
CHILDREN'S
HEALTH
KidCare
The
legislature provided funding that will enable expansion
of KidCare enrollment for 38,000 additional
children. Legislation was also passed to remove the
10 percent full-pay cap in KidCare, providing insurance
opportunities for the more than 548,000 uninsured
children. Sadly, several bills targeting improvements in
KidCare enrollment and retention did not survive. The
streamlining language was even added to the House's
autism bill, which was dropped in the final hours of
session.
Autism
The
legislature passed SB
2654 by Sen. Steve
Geller (D-Broward), which requires health insurance plans to
cover the autism spectrum disorder and protects those
with autism from denial of insurance coverage.
The bill contains authority to seek a Medicaid waiver to
provide certain therapies for autism and other
disabilities for children
five and under, as well as provisions for
establishment of a compact with all insurers, HMOs and
self insurers to provide therapy services to patients
with autism spectrum disorders. Should the insurers
not agree and comply with the compact then an insurance
mandate will become effective. The bill also allows
$36,000 per year and a lifetime cap of $200,000 in
insurance coverage for habilitative therapies for
children identified as autistic by age eight.
Early
in the session, the House took a different approach by
offering disabilities coverage under KidCare. In
addition to autism, the House plan would have covered
cerebral
palsy, Prader-Willi Syndrome, Down Syndrome and spina
bifida. However, in a late
compromise Friday, House leadership agreed to the
Senate's autism bill with the addition of insurance
coverage for children with Down
Syndrome.
Medicaid
Reform Expansion
Expansion
of Medicaid reform is dead
for this year. Rep. Aaron Bean (R-Nassau) said
the decision to back off the expansion of the experiment
was made by House and Senate leadership in budget talks.
The House proposal would have
expanded Medicaid reform efforts into nine
additional counties in 2010, including Hardee, Highlands, Hillsborough,
Manatee, Miami-Dade, Monroe, Pasco, Pinellas and Polk
counties. Currently running pilot programs have
been criticized because many Medicaid recipients haven't
been able to easily access quality care under the new
system. In a report issued in March 2008, the Government
Accountability Office also questioned the "budget
neutrality" of the reform program. Furthermore,
utilization data to be analyzed by the University of
Florida is not due until later this year, making
expansion premature. A report by the Inspector General
for the agency that runs Medicaid also recommended last
year moving more slowly on revamping the system.
It
is important to note that legislation did pass this year
requiring all patients newly enrolled in Medicaid whose
parent does not choose a plan to be assigned mandatorily
to a Medicaid
HMO. |
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EARLY CHILDHOOD
EDUCATION & CARE
Early
Learning
After
passing the House, HB 879 by
Rep. Kurt Kelly (R-Marion) was heard by the full Senate
and passed unanimously Wednesday. By adopting the House version, a
harmful amendment that would have required English
language proficiency for pre-K students was not adopted.
Cited as the "Success in Early Learning Act," the bill
moves Child Care Resource and Referral and the Child
Care Executive Partnership to the Agency for Workforce
Innovation, and allows Early Learning Coalitions to
conduct business by phone. An amendment offered by the
CSC of Broward County was adopted as part of the final
bill. The amendment allows the CEO of a Children's
Services Council (CSC) to remain as a voting member of
an Early Learning Coalition (ELC) board even if the CSC
enters into a landlord-tenant arrangement with the
ELC. Under current law, the CSC CEO would be
rendered a non-voting member in landlord-tenant
arrangement. |
|
Juvenile
Justice
HB 7087
by Rep. Mitch Needleman (R-Brevard)
got caught up in last-minute negotiations between the
House and Senate. Known as the Blueprint Commission
bill, HB 7087 was taken up in the Senate last week and
amended to remove some of the important transformational
changes originally included, such as zero tolerance, and
sealing and expungement of records. The Senate retained
less controversial provisions such as disproportionate
minority contact and the increased role of boards and
councils. The House took up the amended bill on the last
day of session and amended the bill again to replace the
transformational language that was removed in the
Senate. The Senate did not take up the bill again before
they adjourned.
HB 273 by
Rep. Sandy Adams (R-Seminole) passed the House and was
sent to the Senate where it died in messages. The Senate
companion, SB 792 by
Sen. Carey Baker (R-Lake), remained in Criminal Justice
Appropriations, thus eliminating all chances of passage.
Child advocates and public defenders expressed concerns
throughout the session that the bill would extend the
detention time for youth awaiting adjudication, which
would have flown in the face of recommendations from the
Blueprint
Commission. |
|
INDEPENDENT
LIVING/FOSTER CARE
Child
Protection/Adoption Subsidies
HB 7077 by
the Healthcare Council and
Rep. Bill Galvano (R- Manatee) survived
amendments in both chambers and passed both houses on
the final day.
The bill was amended to give the Governor and the
Legislative Budget Commission authority to request trust
fund expenditures in FY 2008-09 for adoption assistance
and other child protection programs. Rep. Aaron Bean
(R-Nassau) filed the amendment in an attempt to soften
the blow of severe cuts to adoption subsidies totaling
$13.8 million. HB 7077 was the last bill passed by the
Senate before they adjourned. The bill has many good
provisions -- notice to kids, missing kids provisions --
but also includes changes to the definitions of
abandonment and harm, and revisions to statutes
governing termination of parental rights that concern
some advocates.
Adoption
HB 663 by
Rep. Dean Cannon (R-Orange)/Sen. Nan Rich (D-Broward)
will go to the Governor for signature. It is intended to
provide more stability to the adoption process. The
legislation revises certain provisions within the
Adoption Act, such as requiring a petition for adoption
to be accompanied by a statement signed by prospective
adoptive parents acknowledging receipt of all
information required to be disclosed. It also provides
for service of process by publication for termination of
parental rights under the Florida Adoption
Act.
Independent
Living Transition Services
HB 625
by Healthcare Council and Rep. Rich Glorioso
(R-Hillsborough) passed both chambers. The bill provides for family foster homes,
residential child-caring agencies, or other authorized
caregivers to be included in development of plans for
activities for certain children. It also removes
the disability of "non-age" and allows foster
youth, with a court order, to enter into utility
contracts when they rent an apartment before their
18th birthday. This bill also expands
normalcy programming and transition services to the
young adults in Florida's foster care system who live in
group homes.
Confidential
Records of Children
HB 1467 by
Government Efficiency & Accountability Council and
Rep. Will Weatherford (R-Pasco) died in Senate messages.
The bill addressed confidential records of children
under the supervision or in the custody of the
Department of Children and Families, and access to those
records. It would have required that the department
release information in a manner and setting that is
appropriate to the child's age and maturity and the
nature of the
information. |
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OTHER
ISSUES
Property
Tax
SB 1588 by
Sen. Mike Haridopolos (R-Brevard) and Finance & Tax
was approved by the House and Senate. The bill began as
a technical bill requested by the Department of Revenue
to clarify Amendment 1 implementation issues. Passed by
the Senate in mid-April, the bill was amended in the
House to change how millage rates of all local entities
will be calculated. This change went beyond technical
corrections for implementation of Amendment 1. Under the
amendment, the maximum millage rate that may be levied
will be the rolled back rate adjusted for "change" in
per capita personal income, instead of "growth." The
amendment also requires that the rolled back rate (used
for determining the millage rate that can be levied by a
majority vote) must be calculated as if the tax base had
not been reduced by Amendment 1. The millage rate that
may be levied by a 2/3 vote or unanimous vote of the
membership of the governing body is not changed. See the
full text of the amendment HERE.
Several
other House bills aimed at further reducing property
taxes passed the House, but were never taken up by the
full Senate, and ultimately failed. Property tax bills
that failed included:
- HJR
949 by Carlos Lopez-Cantera (R-Miami-Dade)
- Constitution amendment to limit all real property
(residential, commercial, rental) property tax to no
higher than 1.35 percent.
- HJR
7005 by Policy & Budget Council,
Government Efficiency & Accountability Council,
and Rep. Frank Attkisson (R-Osceola) - Removes the
property appraiser's presumption of correctness in any
challenge brought by a taxpayer.
- HJR
7125 by the Policy & Budget Council,
Government Efficiency & Accountability Council and
Rep. Frank Attkisson (R-Osceola) - Constitutional
amendment that provides a revenue limitation for
counties, municipalities, school districts, and
special districts.
- HB
51 by Rep. Seth McKeel (R-Polk) - Requires
tax collectors to accept payments of portions of
amounts billed in tax notices.
Children's
Zone
HB
3
by Rep. Dorothy Bendross-Mindingall (D-Miami-Dade)/ Sen.
Larcenia Bullard (D-Monroe) and the Healthcare Council
passed unanimously in both chambers. Once signed by the
Governor, the bill will provide $3.6 million in funding
for the creation of a pilot program in Miami-Dade's
Liberty City aimed at increasing graduation rates and
decreasing crime among inner city youths. The
effective date is July 1, 2008.
Booster
Seats
HB 619by
Rep. Dan Gelber (D-Miami-Dade) was placed on special
order in the last day of session and passed out of the
House unanimously. Sadly, it died in messages in the
Senate. The Senate bill remained on second reading after
it had been waived from two prior committees. In
addition, the booster seat language was amended onto a
number of transportation bills. However, these bills
also did not pass due to transportation issue
difficulties. The booster seat bill would have provided
for specified child-restraint requirements for children
ages 4 through 7.
Bullying
HB 669 by
Nick Thompson (R-Lee), Ellyn Bogdanoff (R-Broward) and
Gary Aubuchon (R-Lee) creates the "Jeffrey Johnston
Stand Up for All Students Act." The bill passed
unanimously in the House and Senate and will prohibit
bullying and harassment of any student or employee of a
public k-12 school starting in 2009. In addition,
each district must develop a policy to be reviewed and
approved by the Department o Education, and each and
every incident will have to be reported to the
Department and the appropriate law enforcement agency,
as well as the parents of both the bully and the
victim. |
Medicaid
Regulations
Over the
last year, the Administration has proposed a series of
regulations that would threaten access to health care
and other needed services for our most vulnerable
citizens, including children and youth in our nation's
foster care system, people with physical and
developmental disabilities, and those with mental
illness. The regulations would also shift significant
cost to states and localities in a time of serious
economic downturn. These regulations must be delayed and
reconsidered. The President has already threated to veto
the bill. Thanks to you, the House recently passed
legislation (HR
5613) with a veto-proof
majority to delay these regulations.
However,
opponents in the Senate are already trying to block
the progress.
TAKE ACTION: Please
call your U.S. Senators and ask them to oppose anything
that delays or modifies a moratorium on these hasty and
harmful regulations. U.S. Capitol Switchboard
1-800-828-0498. Tell them:
- We urge
you to support moratoria on all seven regulations
passed by the House of Representatives in order to
protect access to essential Medicaid services in your
state.
- We
understand that there may be a letter circulating to
express opposition to moratoria and ask that you
oppose anything that delays, modifies, or divides the
moratoria. We urge you NOT to sign this
letter.
- Please
protect our state's economy by protecting Medicaid
funding.
- Please put
a stop to the harmful Medicaid Regulations.
Starting
Early, Starting Right Act
Sen. Robert
Casey (D-Pa.) has introduced the Starting Early,
Starting Right Act. It amends the Child Care and
Development Block Grant (CCDBG) and recognizes that
affordable, high-quality child care helps children
develop the skills they need to be ready for
school. The bill also helps families get ahead by
giving parents the support and peace of mind they need
to be productive at work. A full analysis is available
on the National Women's Law Center web site.
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In Other News
Farewell to 2008
Legislators
The
2008 Legislative Session marked the final session for more
than 30 Florida lawmakers in the House and Senate.
See the
list.
Early Care and Education
Legislation Database Now Available
The National Conference of
State Legislatures (NCSL) has developed an Early Care and
Education Legislation Database, which tracks early care and
education legislation from the 2008 session. Issues include
child care and child care financing, early childhood services,
prekindergarten, professional development, home visiting,
infants and toddlers, and financing early education. The
database is updated biweekly and can be searched by state,
topic, status, primary sponsor, bill number or keyword. It is
available on the NCSL web site.
First Focus Releases
"Children's Budget 2008"
Over the past five years,
children have lost significant ground in the federal budget.
Though overall spending on children increased, in real terms,
by about 1.4 percent, total federal non-defense spending grew
at nearly 10 times that rate. As a result, the children's
share of the federal non-defense budget declined from 11
percent in 2004 to 10 percent in 2008. This drop continues a
45-year trend in which the children's share of the budget has
declined 23 percent since 1960. Download the report.
Report Says Public Programs
Could Help Uninsured Get Coverage
According to a study conducted
by the National Institute for Health Care Management
Foundation, one in four people without health insurance in
America are eligible for government-funded health coverage but
have failed to sign up for any government aid program. The
study says 12 million of the nation's 47 million uninsured
could sign up for Medicaid or the State Children's Health
Insurance Program, but fail to do so because they are unaware
of the programs or find it difficult to enroll. Learn more.
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Capitol
Connection is also available online at the FCSC
web
site.
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