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2010 Legislative Report
Florida Legislative Session
March 2 –
April 30, 2010
Final Post-Session: June
11, 2010
This report identifies
priority bills closely followed by the Florida Catholic Conference and is
updated daily with action taken by the legislature. In addition to the
priority bills listed here, the Conference monitors other bills of concern.
Further information on the Conference's public policy advocacy can be found
at www.flacathconf.org. For complete text of any bill listed on this report, please visit the
websites of
The Florida Senate or
The Florida House of Representatives.
For
definitions of legislative jargon, charts of how an idea becomes a law and other helpful information, click
here. |
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LIFE AND DEATH
SOCIAL CONCERNS
HEALTH
EDUCATION
OTHER
CLICK ON THE TOPICS ABOVE TO ACCESS YOUR AREAS OF INTEREST
Recent and scheduled activity -
red
Passage in senate or house - green
Failure in senate or house - blue
Action by governor - purple
LIFE AND DEATH
|
Issue |
Bill(s) and
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
|
ABORTION |
|
Parental Notice of Abortion |
SB 2446
Gardiner
CS/HB 1449
Stargel |
Revises notice requirements relating to the
termination of a pregnancy of a minor. Provides exceptions to the
notice requirements. Revises procedure for judicial waiver of
notice. Provides that in a hearing relating to waiving the
requirement for parental notice, the court consider certain
additional factors, including whether the minor's decision to
terminate her pregnancy was due to undue influence. Requires
mandatory reporting of child abuse. |
Support |
SB 2446 -
Died in Committee on
Health Regulation
HB 1449 -
Favorable with CS by Criminal & Civil Justice Policy Council (11-4);
Died Pending Review of
Council Substitute |
Health Care/ Abortion Ultrasound/
Funding of Abortion |
CS/CS/CS/HB
1143
Hudson |
Two vital pro-life amendments were added
to this health care bill. The first amendment required all women
contemplating an abortion to view an ultrasound of their unborn
child unless they sign a form to opt out or meet certain exemptions.
The second prohibited health insurance policies purchased with state
or federal funds from providing coverage for abortion. |
Support |
HB
1143 -
Favorable with CS by Health Care
Regulation Policy Committee (14-0); Favorable with CS by Health Care
Appropriations Committee (11-0); Favorable with CS by Health &
Family Services Policy Council (14-0);
House Adopted
Amendments and Passed
(113-0 ); Senate Adopted Amendments and Passed (23-16); House
Concurred with Amendments and Passed (75-44);
Vetoed by Governor |
|
UNBORN VICTIMS OF VIOLENCE |
|
Florida Unborn Victims of
Violence Act |
CS/SB 290
Fasano
HB 141
Poppell |
Defines the term "unborn child" for purposes of
vehicular homicide as a member of the species homo sapiens, at
any stage of development, who is carried in the womb.
Revises terminology to refer to "unborn child"
rather than "unborn
quick child" or
"viable fetus".
|
Support |
SB 290 -
Favorable by Criminal Justice (6-2);
Favorable with CS by Judiciary
(5-3);
Senate Adopted Amendment and Passed (25-11);
Died In Messages to House
HB 141 - Died in
Committee
on Public Safety & Domestic Security Policy |
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SOCIAL CONCERNS
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
|
AFFORDABLE HOUSING |
|
State Housing Trust Fund |
CS/CS/SB 262
Bennett
CS/CS/CS/HB 665
Aubuchon |
Provides housing finance authority
with additional purpose for which it may exercise its power to
borrow; removes limitation on amount of proceeds from excise taxes
on documents to be deposited in State Housing Trust Fund each fiscal
year; provides additional policy guidelines under state housing
strategy for development of programs for housing production or
rehabilitation; includes needs of persons with special needs in
strategy's periodic review and report; prohibits funds from State Housing Trust Fund
or Local Government Housing Trust Fund that are appropriated for
specified programs from being used for certain purposes. |
Support |
SB 262
-
Favorable with CS by Community Affairs (11-0);
Favorable with CS by Finance and Tax (5-0);
Senate
Laid on Table, Refer to HB
665
HB 665 -
Favorable with CS by Military &
Local Affairs Policy Committee (12-0);
Favorable
with CS by Full Appropriations Council on Education & Economic
Development (15-0);
Favorable with CS by Economic Development & Community Affairs
Policy Council (14-0);
House Adopted Amendment and Passed
(107-0);
Senate Adopted Amendment and
Passed (31-6);
House Refused to Concur with Amendment; Senate Refused to
Recede; Died in Returning Messages to House |
|
JUVENILE JUSTICE |
|
Parole for Adolescent Offenders |
CS/CS/SB 184
Joyner
CS/HB 23
Weinstein |
Provides that an adolescent offender
who was 15 years of age or younger when the offense was committed
and who is sentenced to life or more than 10 years in prison is
eligible for parole if the offender has been incarcerated for a
minimum period and meets other eligibility requirements to have
opportunity for review by Parole Commission.
Provides for retroactive application. |
Support |
SB 184 -
Favorable with CS by Criminal Justice (6-1);
Favorable with CS by
Criminal and Civil Justice Appropriations (3-1);
Died on Senate Calendar
HB 23 -
Favorable with CS by Public Safety & Domestic Security Policy
Committee (13-0);
Favorable by
Criminal & Civil Justice Appropriations Committee
(8-3);
Died in Criminal & Civil Justice
Policy Council |
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CRIMINAL JUSTICE |
|
Evidence of Crimes |
SB 2522
Joyner
HB 1323
Randolph |
Provides that governmental entities
are required to maintain physical evidence for potential DNA testing
only for serious crimes. Provides that only the portion of a piece
of evidence that is likely to contain biological evidence must be
retained and other portions of that piece of evidence may be
disposed of when the physical evidence is of such a size, bulk, or
physical character as to render retention impracticable |
Support |
SB 2522 -
Died in Committee on Criminal Justice
HB 1323 - Died in Committee on Public Safety & Domestic Security
Policy |
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HUMAN TRAFFICKING |
|
Human Trafficking |
CS/CS/SB 966
Joyner
CS/CS/HB 633
Burgin |
Revises the requirements for the license and the
identification card that are issued to massage therapists. Requires
criminal background checks for persons, firms, or corporations
applying for a massage establishment license. Requires any person,
firm, or corporation that operates a cosmetology salon or specialty
salon that offers massage services to obtain a massage establishment
license. |
Monitor |
SB 966 -
Favorable with CS by
Health Regulation (5-0);
Reference to Regulated Industries removed;
Favorable with
CS by Criminal Justice (7-0);
Died,
Pending Reference
Review under Rule 4.7(2)
HB 633 - Favorable with
CS by Insurance, Business & Financial Affairs Policy Committee
(13-0); Favorable with CS by
Full Appropriations Council on Education & Economic Development
(15-0); Reference to General Government Policy Council Removed;
House Passed (114-0);
Died in Messages to Senate |
|
Florida Safe Harbor Act |
SB 1700
Ring
CS/HB 535
Fresen |
Provides for
presumption that placement of child alleged to have been sexually
exploited in short-term safe house is necessary; provides
requirements for safe houses receiving such children; provides
requirements relating to appropriations for safe houses; provides
presumption against filing delinquency petition for certain
prostitution-related offenses in certain circumstances. |
Support |
SB 1700 -
Died in
Committee on Children, Families and Elder Affairs
HB 535 -
Favorable with CS by Health Care
Services Policy Committee (14-0);
Died in Committee on Public Safety & Domestic
Security Policy |
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IMMIGRATION |
|
Verification of Citizenship or Legal Presence |
SB 856
BakerCS/CS/HB 219
Adams |
Requires Department of Labor to verify citizenship or
legal presence in U.S. of certain prize winners; prohibits agencies
from entering into contract for contractual services with
contractors not registered and participating in federal work
authorization program by specified date; provides procedures and
requirements with respect to registration of contractors and
subcontractors; provides for enforcement; provides schedule for
phased compliance; requires adoption of rules. |
Monitor |
SB 856 - Died in Committee on Regulated
Industries
HB
219 - Favorable with CS by Governmental Affairs Policy
Committee (14-0); Favorable with CS by Economic Dev. & Community Affairs Policy
Council (14-0); House Adopted
Amendments
and Passed (112-0); Died in Messages to Senate |
|
CHILDREN |
|
Pregnant Children and Youth in
Out-of-Home Care |
SB 1860
Altman
CS/CS/HB 1383
Weinstein |
Requires courts to appoint pro bono attorney or
guardian ad litem for children or youth in out-of-home care who are
pregnant; establishes Specialty Guardian Ad Litem Pilot Program in
Fourth Judicial Circuit to serve specified children and youth who
are pregnant; requires children and families client and management
information system to include status and outcomes of pregnant
children and youth in licensed care; requires community-based
providers and subcontractors to report specified pregnancy and
outcome data; provides appropriations. |
Monitor |
SB 1860 - Died in Committee
on Children, Families, and
Elder Affairs
HB 1383 - Favorable with CS by Health Care Appropriations
Committee (10-4);
Favorable with CS by Criminal & Civil
Justice Policy Council (12-2); Died Pending
Review of Council Substitute |
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ENVIRONMENT |
|
Tax on Sales, Use, and Other
Transactions |
CS/SB 152
Lynn
HB 167
Rehwinkel Vasilinda |
Deletes exemption for sales of drinking water in
containers. |
Monitor |
SB 152 - Favorable with CS by Commerce (8-1);
Died in Committee on Environmental Preservation and
Conservation
HB 167 - Died in Finance & Tax Council |
|
Limestone Mining |
SB 1338
Dean
CS/CS/CS/HB 617
Bembry |
Eliminates criteria for determining the ratio of
mitigation-to-wetlands loss relating to limestone and sand mining.
Provides that financial responsibility for mitigation for wetlands
and other surface waters required by a permit for activities
associated with the extraction of limestone is subject to approval
by the Department of Environmental Protection as part of permit
application review. |
Monitor |
SB 1338
-
Died in
Committee on Environmental Preservation
and Conservation
HB 617 -
Favorable with CS by
Agriculture & Natural Resources Policy Committee (13-0);
Favorable with
CS by Natural Resources Appropriations Committee (12-0);
Favorable with CS by General
Government Policy Council (15-0); House Read Second Time; Amendment Adopted;
Died on House Calendar |
|
OTHER |
|
Florida
Marriage Handbook |
CS/SB 2438
Storms
HB 1413
Murzin |
Provides for the creation and revision
of the Florida Marriage Handbook. Creates the Marriage Education
Committee. Provides for membership on the committee. Specifies the
content for Parts A and B of the handbook. Requires the committee to
be reconstituted once every 10 years for the purpose of reviewing
and updating the content in the handbook. Requires the committee to
submit a report to the Legislature by a specified date. |
Support |
SB 2438 -
Favorable with CS by
Judiciary (9-0); Died in Committee on Health and Human Services
Appropriations
HB 1413 - Died
in
Committee on
Civil
Justice & Courts Policy |
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HEALTH
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
|
Reproductive Health Services/Rape Survivors |
|
Prevention First Act
|
SB 652
Rich
HB 517
Gibson |
Provides duties of licensed health care practitioners and
facilities relating to the treatment of rape survivors. Requires
the Agency for Health Care Administration to provide for
enforcement and impose penalties. Requires licensed pharmacies
to dispense certain forms of contraception without delay.
Specifies conditions under which a pharmacy may refuse to
provide a contraceptive |
Oppose |
SB 652 - Died in
Committee on
Health Regulation
HB 517 - Died in Committee on Health Care Regulation Policy |
|
Public School Education/Human Sexuality |
|
Florida Healthy Teens Act |
SB 1502
Deutch
HB 169
Fitzgerald |
Requires public schools that provide
certain information or programs to students concerning human
sexuality to provide information that meets specified criteria.
Provides an exemption for certain students. Provides a process
to review compliance with such requirements. Authorizes parents
and guardians to seek review of a school's compliance. |
Oppose |
SB 1502 -
Died in
Committee on Education Pre-K - 12
HB 169 - Died in
Committee on
Pre-K - 12 Policy |
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EDUCATION
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
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SCHOLARSHIPS/VOUCHERS/SCHOOL CHOICE |
|
Florida Tax Credit Scholarship Program |
CS/SB 2126
NegronCS/HB 1009
Weatherford
|
Incrementally increases
the value of the scholarship up to 80% of unweighted funding received by students attending public
schools. Allows new financial sources to fund the
scholarships, to include the existing corporate income
taxes, and proposing new credits for gas severance taxes,
alcoholic beverage excise taxes and direct pay sales and use
taxes. Schools serving 30 or more FTC students in grades
3-10 will be required to participate in certain
norm-referenced tests and report learning gains; any school
with at least $250,000 in scholarship funds the previous
year requires a financial report from a certified accountant
each year.
During the 2008-2009 school year, the program served
3,200
students attending Catholic elementary and secondary schools. A
March 2009 report by
the
State
determined that the program saves Florida nearly $40 million per
year.
|
Support |
SB 2126 -
Favorable
with CS by Finance and Tax (4-1);
reference
to
Education Pre-K-12 Appropriations removed;
Favorable by Policy & Steering Committee on Ways and Means (15-7);
Senate
Adopted Amendment s and
Passed (28-10);
House
Passed
(95-23);
Signed by Governor
HB 1009 - Favorable
by Finance & Tax Council
(12-2); References to PreK-12
Appropriations Committee; Full Appropriations Council on Education &
Economic Development Removed;
House Laid on Table;
Refer to SB 2126 |
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John M. McKay Scholarships for Students
with Disabilities Program |
CS/SB 2746
Gardiner
CS/HB 1505
Flores
|
Revises student
eligibility requirements for participation in scholarship
program; authorizes students who are eligible to enter
kindergarten to receive John M. McKay Scholarship; provides
eligibility requirements for student identified with
developmental delay; authorizes students who were enrolled and
reported by school district for funding during any prior year
FEFP surveys to receive scholarship; authorizes Commissioner of
Education to deny, suspend, or revoke private school's
participation in program for certain acts or omissions by owner
or operator; permits students to receive instruction and
services at site other than physical location of private school
under specified conditions.
|
Support |
SB 2746 -
Favorable with CS by Education Pre-K
- 12 (7-0);
References to Commerce and Education Pre-K - 12 Appropriations
Removed;
Favorable with CS by Policy and Steering Committee on Ways and Means
(21-0); Senate
Laid on Table, Refer to HB 1505
HB 1505 - Favorable with CS by PreK-12 Policy Committee
(12-0); Favorable by PreK-12
Appropriations Committee
(8-0);
Favorable by Education Policy Council
(16-0); House Passed
(115-0);
Senate
Adopted
Amendments and Passed (37-0);
House Concurred and Passed (118-0);
Signed by Governor |
|
Voluntary Prekindergarten Education
Program |
|
Teacher Certification |
SB 848
Rich
HB 383
Long |
Provides that prekindergarten instructors in
school-year prekindergarten programs delivered by private providers
and public schools must meet new professional credentialing
requirements beginning July 1, 2013. |
Monitor |
SB 848 - Died in
Committee on Education Pre-K - 12
HB 383 - Died in Committee on
Insurance, Business & Financial Affairs |
|
Early Learning |
CS/CS/CS/SB 2014
Wise
CS/CS/HB 1203
Nelson |
Clarifies the responsibilities
of the Agency for Workforce Innovation (AWI) in implementing a
comprehensive system of school readiness support services.
Requires early learning coalitions to implement direct
enhancement services and ensure access in the 67 counties of
Florida. Provides that child care facilities, large family child
care homes, or family day care homes may apply to the Department
of Children and Families (DCF) to receive a Gold Seal Quality
Care designation. Revises procedures for child care market rate
reimbursement.
The Voluntary Prekindergarten Education Program is administered
locally by school districts and “readiness” (early learning)
coalitions. While the Florida Department of Education (FDOE)
administers the accountability provisions of VPK, the AWI
handles the operational aspects. To participate in VPK,
non-public schools must be licensed by the DCF, accredited by
Gold Seal, or accredited by a member of the National Council for
Private School Accreditation (NCPSA) or another state approved
organization.
|
Support |
SB 2014 - Favorable
with CS by Commerce (10-); Favorable by Education Pre-K - 12
(8-0); Favorable with CS by Children, Families and Elder Affairs
(7-0); Favorable with CS by Transportation
and Economic Development Appropriations (5-0);
Reference to Policy & Steering
Committee on Ways and Means Removed;
Senate Adopted Amendments and
Passed (36-2);
House Passed
(113-0);
Signed Governor
HB 1203 - Favorable with CS by PreK-12 Policy Committee
(12-0);
Favorable with CS by Full
Appropriations Council on Education & Economic Development
(17-0); House Laid on Table, Refer to SB 2014 |
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OTHER |
Sales Tax Exemption/Books
/Clothing/School Supplies |
CS/SB 514
Fasano
CS/HB 483
Rivera |
Specifies a period during which the sale
of books, clothing, and school supplies is exempt from the tax on
sales, use, and other transactions. |
Support |
SB 514 -
Favorable with CS by Finance and
Tax (5-0);
Withdrawn from Policy & Steering
Committee on Ways and Means; Senate
Laid on Table, Refer to HB 483
HB 483 -
Favorable with CS by Finance & Tax
Council
(14-0);
Combined with HB 469;
House
Passed (115-0); Senate Passed
(37-1);
Signed by Governor |
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Student Voter Education |
SB 524
FasanoHB 407
Brisé |
Requires each district school board and county
supervisor of elections to jointly provide voter-education program
to high school students who are eligible to register or preregister
to vote; requires presentation to be made available to nonpublic
high schools upon request; provides guidelines for program content. |
Support |
SB 524 -
Died in Committee on Education
Pre-K - 12
HB 407 - Died in
Committee on
Governmental
Affairs Policy |
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Education of Children with Disabilities |
CS/CS/SB 2118
GardinerCS/CS/HB 1073
Llorente
|
Requires minimum training for child
care personnel to include identification and care of children
with developmental disabilities; provides requirements for use,
monitoring, and reduction of unnecessary seclusion and restraint
on students with disabilities in public schools; requires
regional autism centers to provide certain support for serving
children with developmental disabilities; requires DOE to
incorporate course curricula relating to developmental
disabilities into existing requirements for continuing education
or inservice training of instructional personnel. |
Monitor |
SB 2118 -
Favorable with CS by Education
Pre-K-12 (7-0);
Favorable with CS by Children,
Families, and Elder Affairs (5-0); Reference to Education Pre-K - 12
Appropriations Removed; Senate
Laid on
Table, Refer to HB 1073
HB 1073 - Favorable
with CS by PreK-12 Policy Committee (13-0);
Reference to Health & Family Services Policy Council removed;
Favorable with
CS by Full Appropriations Council on Education & Economic
Development (15-0); House Adopted
Amendment and Passed (114-0);
Senate Adopted Amendment and Passed
(38-0); House Concurred and Passed (115-0);
Signed by Governor |
OTHER
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
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MISCELLANEOUS |
|
Religious Freedom Act |
SJR 2550
Altman
CS/HJR 1399
Precourt |
Proposes amendment to
Art. I,
s. 3 of State
Constitution to provide that an individual may not be barred
from participating in any public program because of choosing to
use public benefits at a religious provider and to delete a
prohibition against using public revenues in aid of any church,
sect, or religious denomination or any sectarian
institution. |
Support |
SJR 2550 - Favorable by Education Pre-K-12
(6-2); Favorable by Judiciary
(6-3); Died in Committee on Rules
HJR 1399 -
Favorable with CS by Criminal & Civil
Justice Policy Council (10-4);
Died in Rules & Calendar Council |
|
Statute of Limitations Sexual Battery |
SB 870
Aronberg
HB 525
Dorworth |
Eliminates statutes of limitations for criminal or
civil actions relating to sexual battery of a child if the victim is
under 16 years of age at the time of the offense.
The Conference did not object to eliminating criminal or civil
statutes of limitations for actual perpetrators. Efforts by the
Conference to reasonably limit institutional liability were
unsuccessful.
|
Oppose |
SB 870 -
Favorable by Criminal Justice (7-0);
Favorable
by Judiciary (8-1);
Favorable by
Criminal and Civil Justice Appropriations (3-1);
Senate Laid on
Table; Refer to HB 525
HB 525 - Favorable by Public Safety & Domestic Security
Policy Committee (12-0); Favorable by
Criminal & Civil Justice Appropriations Committee (11-0);
Favorable by Criminal & Civil Justice Policy Council (15-0);
House
Passed (110-0);
Senate Passed (34-0);
Signed by Governor |
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CONTACTS
For
questions regarding bills listed on this report or other proposed
legislation, please contact the appropriate staff member listed below:
D.
Michael McCarron, Executive Director
- (850) 205-6819,
mccarron@flacathconf.org
Michael B. Sheedy, Associate Director for Health
- (850) 205-6824,
msheedy@flacathconf.org
Sheila
S. Hopkins, Associate Director for Social Concerns/Respect Life
- (850) 205-6826, shopkins@flacathconf.org
James
B. Herzog, Associate Director for Education
- (850) 224-7906,
jherzog@flacathconf.org
Michele M. Taylor, Associate Director for Communications
- (850) 205-6817,
mtaylor@flacathconf.org |
FLORIDA CATHOLIC CONFERENCE
201 W. Park Avenue
Tallahassee, FL 32301-7760
(850) 222-3830
www.flacathconf.org |
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