2000 LEGISLATIVE REPORT
of

The Florida Catholic Conference

POST-SESSION E-MAIL LEGISLATIVE REPORT
May 12, 2000

The 2000 Florida Legislature concluded on May 5. This Legislative Report includes bills reported on in previous reports this session that passed the House and Senate and have been sent to the Governor. Bills from earlier reports not included here, did not pass. More in-depth reports on certain issues are being prepared by staff. If you would like to receive these supplementary legislative reports, please contact: Lauran Stroffolino for respect life reports at Lstroff@flacathconf.org; Pat Chivers for reports on social concerns and the budget at pchivers@flacathconf.org; and, Larry Keough for education reports at lkeough@flacathconf.org. If you do not have e-mail, you may write directly to them or call the Conference at 850-222-3803.

 

For information about obtaining copies of bills, please call (850) 487-5285 for the Senate bill room, (850) 488-7475 for the House of Representatives bill room, and either (800) 342-1827 or (850) 488-4371 for general legislative information. You may also visit the Legislature’s website via the Internet, at http://www.leg.state.fl.us.

 LIFE AND DEATH

 

ABORTION/INFANTICIDE

PARTIAL-BIRTH ABORTION BAN — SB 160 (Cowin); Creates the "Partial-Birth Abortion Act." Prohibits the intentional killing of a partially born child. Excludes suction or sharp curettage abortion. Provides penalties. Provides exceptions to save the life of a mother whose life is endangered by any physical disorder, physical illness, or physical injury. SB 160 passed the House and the Senate and has been sent to the Governor.

SOCIAL CONCERNS

 

CHILD WELFARE/ADOPTION/FOSTER CARE

ABANDONED INFANTS AT HOSPITALS — HB 1901 (Murman); Relates to child protection; prescribes duties of hospitals and fire stations with respect to newborn infants that are abandoned; and provides duties of the state adoption information center with respect to maintaining a list of child-placing agencies with which abandoned newborns may be placed. HB 1901 passed the House and the Senate and has been sent to the Governor.

EXEMPTING INFORMATION IDENTIFYING PARENTS — SB 2082 (Grant); Provides an exemption that identifies parents who leave newborn infants at hospitals from public records requirements. SB 2082 passed the House and the Senate and has been sent to the Governor.

CHILDREN MENTAL HEALTH ADMISSION CENTERS — SB 682 (Forman); Revises provisions governing medical, psychiatric and psychological examination and treatment of children. Prescribes procedures for admission of children and adolescents to residential treatment centers for residential mental health treatment. Prohibits children and adolescents from admission to state mental health treatment facilities. Requires licensure of residential treatment centers for children and adolescents. SB 682 passed the House and the Senate and has been sent to the Governor.

FLORIDA KIDCARE ACT SB 212 (Health, Aging and Long-Term Care); Relates to health care assistance; requires the Social Services Estimating Conference to develop certain information relating to the Florida Kidcare program; revises eligibility requirements for the Medikids program; requires agencies that administer Kidcare to collect certain information; revises eligibility for certain children for services under Children's Medical Services network. The legislation clarified duties of the Social Services Estimating Conference; clarified applicability of laws relating to Medicaid; specified eligibility and terms of enrollment of children for the program, and discussed instances of special enrollment for children who have lost Medicaid eligibility; addressed benchmark benefits; and included issues of transportation safety. SB 212 passed the House and the Senate and has been sent to the Governor.

NEWBORN HEARING SCREENING HB 399 (Prieguez, Wasserman); Provides requirements for screening newborns for hearing impairment; provides for education of parents of newborns; provides for certain insurance and managed care coverage; provides for referral of ongoing services. HB 399 passed the House and the Senate and has been sent to the Governor.

EARLY INTERVENTION FOR VISUALLY IMPAIRED CHILDREN SB 924 (Webster); Provides for early intervention for certain children who are born visually impaired or blind; requires report. SB 924 passed the House and the Senate and has been sent to the Governor.

FOSTER CARE HB 679 (Turnbull); Authorizes the Children & Family Services Department to continue providing foster care services to certain individuals who are enrolled full-time in degree-granting programs in post-secondary educational institutions; specifies circumstances under which such services shall be terminated. HB 679 passed the House and the Senate and has been sent to the Governor.

WORKFORCE AND DEVELOPMENT/ HOUSING

WORKFORCE INNOVATION ACT OF 2000 — CS/SB 2050 (Fiscal Policy; King); Revises provisions implementing federal Workforce Investment Act of 1998 to conform to changes made by act; revises investment act principles and funding requirements; re-designates Workforce Development Building as "Workforce Florida, Inc."; requires reports and measures of outcomes; requires Workforce Florida, Inc. to develop strategic plan for workforce development. The legislation specifies work activity requirements and conditions for exemption; eligibility requirements; use of contracts; protection for participants and current employers; expenses and medical services; counseling and therapy services; penalties for nonparticipation and noncompliance in the work programs; and procedures for the Department of Children & Family Services. SB 2050 passed the House and the Senate and has been sent to the Governor.

FLORIDA TITLE LOAN ACT — HB 301 (Sublette); Creates the Florida Title Loan Act; Requires licensure by the Banking and Finance Department to act as title loan lender; requires bond, application and investigation fees and fingerprinting; provides for acquisition of interest in licensee under certain circumstances; specifies acts which are violations for which disciplinary actions may be taken; provides for title loan interest rates; provides for a title loan lenders lien; relates to title loan transactions by secondhand dealers. HB 301 passed the House and the Senate and has been sent to the Governor.

COMMISSION ON THE HOMELESS — SB 1220 (McKay); Creates the Commission on the Homeless within the Executive Office of the Governor; requires the commission to review the problems of the homeless and propose solutions for reducing homelessness; requires the commission to hold four public meetings throughout the state; requires that the commission make a written report to the Governor and the Legislature by January 01, 2001. SB 1220 was passed by the House and the Senate and has been sent to the Governor.

ELDERLY

PRESCRIPTION DRUG PROGRAM/MEDICARE — SB 940 (Lee); Creates the Prescription Drug Program for Seniors to provide drug coverage to Medicare participants; provides requirements; requires discount prescription pricing for Medicare beneficiaries not otherwise covered under the Program; requires the Elderly Affairs Department and the Agency for Health Care Administration to develop the Program; provides that the Program is not an entitlement. SB 940 passed the House and the Senate and has been sent to the Governor.

 

EDUCATION

SCHOOLS/INSTRUCTIONAL MATERIALS — CS/SB 850 (Cowin); This bill includes language that is a pivotal first step for Catholic school parents to derive some benefit from the tax dollars to pay for public education. The bill language indicates school districts may dispose of instructional materials when they become "unserviceable" or there is a surplus or no longer on state contract by giving these materials to any charitable organization, government agency, private school, or state. The term unserviceable does not mean the materials are in poor condition. The term is defined within the context of the bill language that the materials are no longer utilized by the school district. SB 850 passed the House and the Senate and has been sent to the Governor.

FLORIDA ON-LINE HIGH SCHOOL — CS/HB 2063 (Lynn); This legislation will allow for nonpublic school students to access the On-Line High School. A Board of Trustees, not the Florida Department of Education, will govern the On-Line High School and evaluate what fees, if any, nonpublic school students will have to pay to access the On-Line High School. HB 2063 passed the House and the Senate and has been sent to the Governor.

FLORIDA EDUCATION GOVERNANCE REORGANIZATION ACT — HB 2263 (Governmental Oversight & Productivity); This legislation abolishes the State Board of Regents and the State Board of Community Colleges, and restructures the Florida Department of Education through a seamless structure of education. The bill language calls for a nonpublic school executive director who will have a line of communication to the Commissioner of Education. The legislation provides for nonpublic schools and home-education programs to maintain their independence, autonomy and non-governmental status. HB 2263 passed the House and the Senate and has been sent to the Governor.

OPPORTUNITY SCHOLARSHIPS FOR SPECIAL NEEDS STUDENTS — CS/HB 701 (Sorensen); Amendatory language was inserted on this bill that expands the special needs pilot program within the Opportunity Scholarship Program to a statewide program. The bill language also alleviates paper work associated with individual educational placements for special needs students. In addition, the bill requires that a matrix of services must be completed at the time of the student’s initial placement into an exceptional student education program and be reviewed and completed at least every three years. HB 701 passed the House and the Senate and has been sent to the Governor.

STUDENTS AND EXTRACURRICULAR ACTIVITIES — SB 92 (Sullivan); Deletes intent language providing mechanism for all students to participate in interscholastic extracurricular activities; revises provisions regarding grade point average required for participation in interscholastic extracurricular student activities; requires contract to be executed upon student’s falling below certain cumulative grade point average, etc. SB 92 was signed by the Governor.

SCHOOLS/REPORTS/GRADING PRACTICES — SB 990 (Senate Education); Requires school boards to report on the academic achievement of high school students and to include in such reports the number and percentage of students who received each letter grade. Provides clarification regarding what information report cards must show. Requires academic achievement grades to be separated from grades for other factors. Key issues addressed by this legislation include the adoption of a grading system widely used in other states: Grade "A" equals 90 to 100 percent, has a grade point average value of 4, and is defined as "outstanding progress"; Grade "B" equals 80 to 89 percent, has a grade point average value of 3, and is defined as "above average progress"; Grade "C" equals 70 to 79 percent, has a grade point average value of 2, and is defined as "average progress"; Grade "D" equals 60 to 69 percent, has a grade point average value of 1, and is defined as "lowest acceptable progress"; Grade "F" equals zero to 59 percent, has a grade point average value of zero, and is defined as "failure"; and Grade "I" equals zero percent, has a grade point average value of zero, and is defined as "incomplete." Additionally, a school cannot use a student’s attendance record in whole or in part for exemption of any academic performance requirements. SB 990 passed the House and the Senate and has been sent to the Governor.

CATEGORY F SCHOOLS AND TEACHERS — HB 63 (Lynn); Requires each school district with school designated as performance grade category F to permit transfer of teachers with certain qualifications; provides bonuses for certain teachers; requires the Education Commissioner to adopt rules. HB 63 passed the House and the Senate and has been sent to the Governor.

HEALTH CARE

END-OF-LIFE CARE — CS/SB 1890 (Klein); Includes pain management and palliative care within those medical services for which a patient has a right to request or refuse as treatment. The legislation keeps in tact the requirement for two physicians to separately examine a patient in order to determine that he or she has a condition that is either terminal, end-stage or persistent vegetative state, before life prolonging procedures may be withheld or withdrawn. CS/SB 1890 passed both Houses and is sent to the Governor.

FLORIDA FUNERAL & CEMETERY SERVICES ACT — SB 156 (Klein); Revises terminology concerning cemeteries owned by religious institutions; authorizes Banking and Finance Department and Funeral and Cemetery Services Board to adopt rules to allow for electronic submission of applications, documents, and fees; and, increases annual license fees for certain cemeteries. SB 156 has passed both the House and Senate and has been sent to the Governor.

 

CRIMINAL JUSTICE

CRIMINAL DEFENSE OF INSANITY — SB 268 (Sebesta); Conforms Florida insanity defense to the Federal standard; provides that the defendant has the burden of proving the insanity defense by clear and convincing evidence. SB 268 passed both Houses and is sent to the Governor.

JUVENILE PROSECUTION — SB 1548 (Brown-Waite); Requires that a juvenile that is 16 or 17 years of age be tried as an adult if the juvenile is charged with a violent felony and was in possession of a firearm or destructive device. SB 1548 passed the House and the Senate and has been sent to the Governor.



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