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Legislators and advocates handed Florida's children a
tremendous victory Friday with passage -- by unanimous vote in the
Senate and House -- of KidCare legislation that will give thousands
more children access to the health care they need. The bill, which now
goes to the Governor, will streamline the KidCare program and make it
easier for families to enroll uninsured, eligible children. It will
also help eligible children currently enrolled not lose their health
insurance coverage. Provisions of the bill include:
- Reducing
the disenrollment penalty for non-payment of premiums from 60 to
30 days.
- Reducing
the waiting period for voluntary cancellation of insurance
coverage from 6 months to 60 days.
- Providing
good cause exceptions to the waiting period for subsidized
coverage for cancellation of other coverage.
- Allowing
electronic verification of income.
- Adding
the DCF Secretary or his/her designee to the FHKC Board of
Directors.
- Provides
coverage infants (0-1 year) in full pay.
- Allows a
uniform application (a requirement of CHIPRA).
Sen. Nan Rich (D-Broward) was instrumental in getting SB 918 passed
this year. For the past three
years, a core group of lawmakers and advocates have fought to improve
access to KidCare for Florida's low-income children. During the past
two years, the group managed to pass KidCare in the House, only to meet
opposition in the Senate. In a strange twist this year, the Senate
passed the bill unanimously, only to see it struggle in the House.
However, the persistent and unwavering efforts of advocates such as
Diana Ragbeer, with The Children's Trust, Amy Petrila, with the
Children's Board of Hillsborough County, Sam Bell, FCSC policy advisor,
and countless other advocates, paid off Friday with the 116-0 vote in
the House.
Upon witnessing passage of
the KidCare bill, Vivian Alarcon, CEO of the Florida Children's
Services Council, said, "It is hard to describe the incredible
tenacity, long hours, and frustration that was endured to get this bill
passed. There is no plaque big enough for Senator Rich."
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Session Goes Into Overtime, Budget Committees Seek Common
Ground
The final days of the
Regular 2009 Legislative Session became "do or (sine) die"
last week for a number of priority bills. Once the decision was made to
extend the Legislative Session through May 8 to finalize the state's
$65-billion budget, legislators and advocates shifted into high gear to
pass a flurry of bills before the Friday deadline. A bill to further
reduce property taxes for first-time homebuyers managed to survive.
Fortunately, the property tax cap and TABOR bills did not survive. Many
of the proposals for new revenue stalled this year; however, a $1 tax on
cigarettes was the one new tax that legislators were able to agree on.
Last Tuesday, members of the House and Senate budget
conference committees also began meeting in earnest to hash out as many
budget issues as they could by Friday. At that point, all unresolved
budget issues were "bumped up" to the budget conference
chairs. On Sunday, remaining issues were "bumped up" to House
Speaker Cretul and Senate President Atwater for reconciliation. A final
budget is expected to be on legislators' desks tomorrow so that they
will have 72 hours to review it prior to a final vote on Friday.
The gaming compact issue remains unresolved. Earlier
last week, the Senate President and House Speaker agreed that any money
from a gambling deal would go into savings, indicating that lawmakers
may be prepared to finish the legislative session without an agreement
on gambling expansion in Florida.
Later this week, FCSC will provide a special
report on the state budget with early analysis on how well Florida's
children fared for 2009-2010.
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CSC
Public Records Exemption Bill Headed to Governor's Office
A bill that would make CSCs permanently exempt from public
records requirements for personal identifying information concerning a
child is on its way to the Governor's office. The House and Senate both
passed HB 7021 by
Governmental Affairs Policy Committee this week. 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. Special thanks go to CSC staff Diana
Ragbeer of The Children's Trust, and Tom Sheehan of CSC of Palm Beach
County, who assisted in briefing legislative staff.
Local Government Gag Law Passes
SB 216 by Sen.
Charlie Justice (D-Pinellas) rapidly passed through the House and
Senate within 48 hours this week after lingering for months with little
movement. Local government advocates, including FCSC, worked furiously
to block the bill or amend it in various ways to no avail. The bill prohibits local
jurisdictions or local government associations from expending public
funds to take a position on issues before the voters. Vendors are also prohibited from
providing goods or services for these activities. The next stop is the Governor's desk.
Bill Passes to Reduce Property Taxes for First-Time
Homebuyers
SB 532 by Sen.
Evelyn Lynn (R-Volusia) passed the Senate by a vote of 26-11 and was
later approved by the House. The bill now goes to the Governor. The
bill proposes a constitutional amendment to give first-time homebuyers
an additional homestead exemption. The Senate bill gives an additional
25 percent of the just value up to $100,000, and it is phased out over
five years. The bill also limits increases in property tax for rental
property to 5 percent (current limit is 10 percent).
Presumption of Correctness Bill Costs Local Government
Millions
HB 521 by Rep.
Carlos Lopez-Cantera (R-Miami-Dade) passed the House and Senate and is
on its way to the Governor. The bill shifts 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. The bill applies to
assessments in 2009.
$6 Billion Property Tax Cap Bill Dies in Senate
HJR 385 by Rep.
Rivera (R-Miami-Dade) passed the House Monday with a 79-37 split vote,
but never made it out of the Senate, and did not pass. The bill
proposed 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). 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.
TABOR Bill Dead, Likely to Resurface in 2010
SJR 1906 by Sen.
Mike Haridopolos (R-Brevard) has not been heard for several weeks,
which means the bill is, for all intents and purposes, dead this year.
The bill proposed 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.
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KidCare
Outreach Bill Goes to the Governor
KidCare Outreach bill, HB 807 by Reps.
Clarke-Reid and Rogers, passed the House and Senate unanimously last
week. The bill requires OPPAGA to perform a study of the outreach
efforts of the KidCare program, and submit a report to the Legislature
by a specified date. Thanks go to Sen. Frederica Wilson (D-Miami-Dade)
for sponsoring the Senate companion, SB 338, and shepherding its movement through the legislative
process.
Vaccination Bill
Threatens Children's Health
SB 242 by
Children, Families and Elder Affairs and Sen. Jeremy Ring (D-Broward),
and its House companion, HB 33 by Healthcare
Regulation Policy and Rep. Kevin Ambler (R-Hillsborough), did not pass
this year. The bills threatened to cripple regulations supporting
timely and effective childhood immunizations. They would have revised
requirements for the administration of certain vaccines required for
school entry. They also allowed 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 would have
been in full play, and could have had a profound negative impact on
public health.
Booster Seat Bill Stalls
SB 1404 by Sen.
Thad Altman (R-Brevard) passed the Senate Monday and was sent to the
House. The House never took up the bill so it is unfortunately dead for
the year. The bill would have helped to close the current gap in
children's safety by requiring the use of a booster seat for children aged
4 through 7. These children traveling in motor vehicles are often too
small to fit securely in standard-size safety belt without a booster
seat. The House companion, HB 357 by Rep.
Richard Steinberg (D-Miami-Dade), was never heard in committee.
Bill Creates Study of Prepaid Plans for Children with
Developmental Disabilities
HB 745 by Health
Care Services Policy Committee and Rep. Clay Ford (R-Escambia) passed
the House Monday by unanimous vote, but was not taken up in the Senate
and died. The bill would have established a study group to determine
the feasibility of creating a prepaid service plan for children with
disabilities modeled after the Florida prepaid college plan. The
prepaid service plan would allow funds to be paid into a fund on behalf
of a child and would be used for vouchers for services to help the
child transition into the workforce.
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Bills
to Expand Detention Fail to Pass
HB 173 by Rep.
Sandy Adams (R-Seminole) did not pass this year. Throughout the
legislative session, advocates expressed concerns with the bill's
increased detention time and over-reaching impact on some
pre-adjudicated youth. The Senate companion, SB 654 by Sen.
Charlie Dean (R-Citrus), failed in the Criminal Justice Committee and
never went further.
House DJJ Blueprint Commission Bill
HB 1211 by Rep. Luis Garcia (D-Miami-Dade) passed
the House Monday, but was not taken up in the Senate and did not pass.
The bill sought 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) died
in Criminal & Civil Justice Appropriations.
Bill Passes to Revise Zero Tolerance Policies
SB 1540 by Sen. Stephen Wise (R-Duval) passed the
Senate and the House unanimously, and now goes to the Governor. The
bill seeks to revise zero-tolerance policies and prohibit reporting of
petty acts of misconduct and misdemeanors to law enforcement.
Bills Stall to Improve Services for Youth in Juvenile
Justice
SB 2094 by Sen. Victor Crist (R-Hillsborough), and
its House companion (HB 1475), did not pass. The bills 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.
Bill Raises License Renewal Fee, Uses Funds for Prevention
SB 1724 by
Criminal and Civil Justice Appropriations and Sen. Victor Crist
(R-Hillsborough) has been assigned to budget conference committees. 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 Passes House, Dies
in Senate
HB 1519 by Rep.
Rich Glorioso passed the House unanimously on Monday (118-0), but was
never taken up the Senate. Efforts are still underway to include this
issue in the budget conference process. The bill seeks to authorize 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.
Bills Pass to Help Foster
Youth Access Their Records, Maintain Education
SB 126 by Sen.
Paula Dockery (R-Polk) passed the Senate and House unanimously, and is
on its way to the Governor. The bill provides foster children with
access to their own records. Additionally, SB 1128 by Children, Families, and Elder
Affairs; Education Pre-K - 12, passed the Senate and House and
is on its way to the Governor. 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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"Double Dipping" Bill
HB 479 by Rep. Rob Schenck (R-Hernando) and others
passed the House and Senate last week. It is now on the way to the
Governor. Essentially, the bill is aimed at
"double dipping," where employees leave to take retirement
benefits, and then get re-hired. The bill requires 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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TAKE
NOTE
May 5 Children's Cabinet Meeting Postponed
Due to the extension of the
Legislative Session through May 8, the Children and Youth Cabinet meeting
scheduled for May 5 will be postponed until June 16 (the next scheduled
meeting). The June meeting will still take place in Miami at the United
Way.
FCSC Board Meeting
May 5-6 - CSC of St. Lucie
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Capitol
Connection is also available online at the FCSC web site.
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