2001 SESSION LEGISLATIVE REPORT
of the

Florida Catholic Conference

Please "click on" the entries which appear below to access that area of the report:
Death Penalty
Criminal Justice
Child Welfare / Adoption
Education
Health Care / Insurance
Bills Related to "Option for the Poor and Vulnerable"
Elderly
Bill Related to "The Dignity of Work and the Rights of Workers"
Bill Related to "Solidarity"


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


This report contains a summary of action taken on the major bills the Conference followed during the 2001 Session. This information can also be obtained by contacting the Florida Catholic Conference or by viewing the 2001 Legislative Page which may be accessed at the following website address: http://www.flacathconf.org/Legislativeissues/Legispage.htm


Final Legislative Report                                                                                           June 25, 2001

2001 Session

LIFE AND DIGNITY OF THE HUMAN PERSON

The Catholic Church proclaims that human life is sacred and that the dignity of the human person is the foundation of a moral vision for society.  Our belief in the sanctity of human life and the inherent dignity of the human person is the foundation of all the principles of our social teaching.  In our society, human life is under direct attack from abortion and assisted suicide.  The value of human life is being threatened by increasing use of the death penalty.  We believe that every person is precious, that people are more important than things, and that the measure of every institution is whether it threatens or enhances the life and dignity of the human person.

DEATH PENALTY

EXCESSIVE PUNISHMENT - HJR 951 (House Crime Prevention Committee):  Provides for the electorate to vote on an amendment to Section 17, Article 1, of the State Constitution relating to Provides for the electorate to vote on an amendment to Section 17, Article 1, of the State Constitution relating to "excessive punishment" during the next general election. Adding the death penalty as an authorized punishment to capital crimes into the Florida Constitution in conformity with decisions of the United States Supreme Court, which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United State Constitution. Allows any method of execution allowed by the U.S. Constitution. [HJR 951 was substituted for SJR 124. HJR 951 passed the House by a vote of 96-22; passed the Senate by a vote of 27-7; was ordered enrolled by the House on 05/04/01, and was filed with the Secretary of State on 5/30/01.] This proposed amendment will be before voters in November 2002. Since it has the effect of elevating the death penalty to the Florida Constitution, the conference will work with other advocates in opposition to it.  The Conference opposed this bill during the Session.

DEATH PENALTY/MENTAL RETARDATION - CS/SB 238 (Mitchell):  Prohibits imposition of a sentence of death upon a mentally retarded defendant convicted of a capital murder. Requires that the court conduct a separate proceeding if a defendant notifies the court of his or her intent to raise mental retardation as a bar to the death sentence. Defines the term "mental retardation" as: 1)significantly sub-average general intellectual functioning; 2) existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18. Provides for the alternative sentence of life without parole. [CS/SB 238 passed the Senate by a vote of 32-0; passed the House by a vote of 110-1; was ordered enrolled by the Senate on 05/04/01, and was signed by the Governor on 6/13/01. (Chapter No. 2001-202)] (See FCC Press Release at http://www.flacathconf.org/Pressrel/Prsrel01/Fccapplaudsgovbush.htm)  The Conference spoke in favor of this bill.

DNA EVIDENCE - CS/SB 366 (Villalobos):   Provides for the examination of DNA evidence collected at the time a crime is investigated; provides a procedure under which a defendant who has been found guilty may petition the court to order examination of DNA evidence; provides guidelines for seeking post-sentencing DNA testing when a reasonable probability exists that the sentenced defendant would have been acquitted or would have received a lesser sentence if the DNA evidence had been admitted at trail; and provides guidelines for previously tested DNA.  [CS/SB 366 passed the Senate by a vote of 37-0; passed the House by a vote of 118-0; was ordered enrolled by the Senate on 05/02/01, and was signed by the Governor on 5/31/01 to be effective on 10/01/01 (Chapter No. 2001-97)].  The Conference supported this bill.

CRIMINAL JUSTICE

CRIMINAL JUSTICE/CAPITAL FELONY - SB 338 (Campbell):  Makes it a capital felony to commit the unlawful killing of a human being while perpetrating or attempting to perpetrate the act of resisting arrest with violence. [SB 338 passed the Senate by a vote of 38-0; passed the House by a vote of 120-0; was ordered enrolled by the House on 5/03/01; was signed by the Governor on 6/15/01 to be effective on 10/01/01. (Chapter No. 2001-236)] The Conference opposed this bill.

CRIMINAL REHABILITATION - CS/CS/SB 912 (Villalobos): 
Renames the area of program services within the Department of Corrections as "program, transition, and post-release services." Provides additional qualifications for members and revises the duties of the Statewide Drug Policy Advisory Council. Revises eligibility requirements for substance-abuse treatment provided by the Department of Corrections. Creates the Addiction-Recovery Supervision Program Act. Requires that the department contract with faith-based groups and private organizations to operate certain substance-abuse treatment and transition programs for inmates following release from incarceration. Revises various requirements for substance-abuse treatment provided for inmates. Requires that the department assign chaplains to certain community correctional centers. [CS/CS/SB 912 passed the Senate by a vote of 36-0; passed the House by a vote of 111-3; was ordered enrolled by the Senate on 5/04/01, and was signed by the Governor on 5/31/01 to be effective on 7/01/01. (Chapter No. 2001-110)] The Conference supported this bill.

CALL TO FAMILY, COMMUNITY AND PARTICIPATION

The person is not only sacred but also social. How we organize our society --- in economics and politics, in law and policy --- directly affects human dignity and the capacity of individuals to grow in community.  The family is the central social institution that must be supported and strengthened, not undermined.  We believe people have a right and a duty to participate in society, seeking together the common good and well-being of all, especially the poor and vulnerable.

CHILD WELFARE / ADOPTION

FLORIDA ADOPTION ACT REVISIONS - CS/HB 141 (Lynn):  Revises the Florida Adoption Act, streamlines the adoption process and sets forth explicit disclosure, consent, notice, service, and hearing requirements in adoption proceedings. Important provisions included:  consent to adoption may not be signed until 48 hours after the child is born or until the birth mother's release from the hospital, so that the birth mother has an opportunity to recover from the delivery of the baby before signing the consent for adoption; a birth parent of a child, who is not a newborn, may revoke a consent to adoption for any reason within three days of signing it; and, the adoption entity has been contacted by the birth mother regarding her desire to place a child for adoption.  Searching for the birth father to obtain consent for placement of adoption is necessary to ensure that he will not come forward later to contest the adoption.  [CS/HB 141 passed the House by a vote of 104-8; passed the Senate by a vote of 30-8; was sent to the Governor and became law without his signature to be effective on 10/01/01 (Chapter No. 2001-3)].  The Conference supported this bill.

ADOPTION - CS/ HB 415 (Lynn):
  Revises the Florida Adoption Act. Creates Paternity Registry.  [CS/HB 415 passed the House by a vote of 117-0; passed the Senate as amended by a vote of 34-2, and died in returning House Messages.]

FOSTER CARE & RELATED SERVICES - CS/SB 1214 (Peaden):
  Revises provisions re: foster care and related services; provides for court-ordered placement of certain children with history of multiple placements into residential group care.  [CS/CS/SB 1214 passed the Senate by a vote of 39-0; passed the House as amended by a vote of 117-0; the Senate concurred in House amendments by a vote of 40-0; was ordered enrolled by the Senate on 5/04/01, and was signed into law by the Governor on 5/29/01 to be effective on 7/01/01 (Chapter No.2001-68)].

RIGHTS AND RESPONSIBILITIES

The Catholic tradition teaches that human dignity can be protected and a healthy community can be achieved only if human rights are protected and responsibilities are met.  Therefore, every person has a fundamental right to life and a right to those things required for human decency.   Corresponding to these rights are duties and responsibilities -- to one another, to our families, and to the larger society.

EDUCATION

CORPORATE TAX SCHOLARSHIP - HB 21:  This program allows corporations to receive tax credits for contributions in the form of scholarships that are forwarded to lower-income families in amounts of up to $3,500 per student. The language excludes lower-income children who are already in nonpublic schools, but it is hoped that a glitch bill will be considered in the upcoming session to remedy the situation, allowing the scholarships to be awarded based on need and not on what school a child attends.  Throughout the session, the House maintained provisions for participation by low-income families in nonpublic schools, but the Senate never did offer this provision.  This legislation was among the last bills to be passed and ultimately did not contain the nonpublic school language.  [The Senate failed to put forth the original CS/HB 271 for a vote after it received favorable passage in the House on the last day of session.  The Senate amended its own corporate tax scholarship language onto HB 21, the House's high-priority intangible tax-cut legislation, and voted it favorably out of the Senate.  The Senate then adjourned, forcing the House to pass the Senate language in order to send HB 21 to the Governor's desk.   It was signed into law by the Governor on 6/13/01 to be effective on 7/01/01 (Chapter 2001-225)].

SCHOLARSHIP PROGRAM FOR STUDENTS WITH DISABILITIES - CS/SB 1180 (Pruitt):
  Amends last year's legislation that created the Scholarship Program for Students with Disabilities.  The new John M. McKay Scholarships for Students with Disabilities Program provides students with specified disabilities the options of selecting public schools other than those assigned or receiving scholarships for nonpublic schools.  It increases the amount of the scholarships by including reimbursement for additional academic-related services such as technology, instructional materials, and after-school programming and allows parents to supplement the scholarships to the participating nonpublic schools.  [CS/SB 1180 passed the Senate by a vote of 40-0, passed the House amended by a vote of 76-39; returned to the Senate and passed as amended by a vote of 33-4, and was signed into law by the Governor on 5/30/01 to be effective on 7/01/01 (Chapter 2001-82)].

GOVERNANCE REORGANIZATION ACT - SB 1162:
  Creates a new seamless system of education of K-20 (Kindergarten through Post-Secondary) students which encompasses students in public and nonpublic schools, home education programs, state universities, independent colleges and universities, and post-secondary proprietary schools.  It also creates a new Independent Section, which gives representatives of the section new-found stature and influence in the formulation of policies that impact their schools and education programs.   [SB 1162 passed the Senate as amended by a vote of 27-10, and passed the House as amended by a vote of 70-45 and was signed into law by the Governor on 6/6/01 to be effective on 7/01/01. (Chapter 2001-170)]

PARENTAL RIGHTS/ACCESS TO RECORDS - CS/HB 215 (Cusack):
Clarifies that rights of access to records and information pertaining to a minor child, including the right to in-person communication with medical, dental, and education providers, apply to either parent in the absence of a court order specifically revoking these rights.  [CS/HB 215 passed the House by a vote of 113-0; passed the Senate by a vote of 40-0, and was signed into law by the Governor on 4/16/01 to be effective on 7/01/01 (Chapter 2001-2)].

HEALTH CARE / INSURANCE

LIFE PROLONGING PROCEDURES - CS/CS/SB 2156 (Klein):  Amends Chapter 765, Life Prolonging Procedures Act, changing the definition of  "end-stage condition" to:  an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and for which, to a reasonable degree of medical probability, treatment of the condition would be ineffective.  [CS/CS/SB 2156 passed the Senate by a vote of 39-0; passed the House with amendments; passed the Senate as amended by a vote of 39-0; was ordered enrolled by the Senate on 5/04/01, and was signed by the Governor on 6/19/01 (Chapter No. 2001-250)].

OPTION FOR THE POOR AND VULNERABLE

A basic moral test is how our most vulnerable members are faring.  In a society marred by deepening divisions between rich and poor, our tradition recalls the story of the Last Judgment (Mt 25:31-46) and instructs us to put the needs of the poor and vulnerable first.

HOMELESSNESS - CS/CS/SB 446 (Constantine):  Creates the State Office of Homeless Affairs within the Department of Children and Family Services.  Authorizes the Secretary of Children and Family Services to appoint an executive director. New legislation provides for the State Office of Homeless Affairs within the Department of Children and Family Services to be established.  The Homeless Affairs Council will also be created to develop and coordinate policy and advise the State Office of Homeless Affairs.  Among the council's requirements will be:  provide information on funding sources for services for the homeless and provide technical assistance to obtain these funds; and, promote, collaborate and coordinate programs for the homeless with faith-based organizations.  [CS/CS/CS/SB 446 passed the Senate with amendments by a vote of 4-0; passed the House by a vote of 117-0; was ordered enrolled by the Senate on 5/04/01, and was signed into law by the Governor on 5/31/01, to be effective on 7/01/01 (Chapter No. 2001-98)].  The Conference supported this bill.

CLEARINGHOUSE ON DISABILITY INFORMATION - HB 1519 (Berfield):  Creates the Clearinghouse on Disability Information Office within the Department of Management Services to administer a statewide system of disability service and resource information.   [HB 1519 passed the House by a vote of 115-0; passed the Senate by a vote of 49-0 and was vetoed by the Governor on 6/07/01.]  The Conference supported this bill.

ELDERLY

NURSING HOME REFORM - CS/CS/CS/SB 1202 (Brown-Waite):  Omnibus legislation which includes $76 million in new funding to ensure increased quality of care in nursing homes.  Funding provides for increased staff-to-resident ratios, improved staff benefits, staff training, all aimed at minimizing staff turnover.  [CS/CS/CS/SB 1202 passed the Senate as amended by a vote of 33-5; passed the House with amendments 112-8; passed the Senate as amended by the House by a vote of 38-0; House concurred as amended by a vote of 109-8; was ordered enrolled by the Senate on 5/04/01, and was signed into law by the Governor on 5/15/01, to be effective on 5/15/01 (Chapter No. 2001-45)].  The Conference supported this bill.

THE DIGNITY OF WORK AND THE RIGHTS OF WORKERS

The economy must serve people, not the other way around.  Work is more than a way to make a living; it is a form of continuing participation in God's creation.  If the dignity of work is to be protected, then the basic rights of workers must be respected -- the right to productive work, to decent and fair wages, to organize and join unions, to private property, and to economic initiative.

ESTABLISHMENT OF IDAs FOR NEEDY FAMILIES - CS/SB 350 (Dawson):  Establishes individual development accounts for families of limited means.  The Department of Children and Family Services is required to amend the Temporary Assistance for Needy Families State Plan to provide for using funds for individual development accounts.   Certain organizations are specified to act as fiduciary organizations for certain purposes and provides penalties for withdrawal of monies for certain purposes.  [CS/SB 350 passed the Senate as amended by a vote of 32-0; passed the House by a vote of 104-1; was ordered enrolled by the Senate on 5/04/01, and was signed into law by the Governor on 5/31/01 to be effective on 10/01/01 (Chapter No. 2001-96)].   The Conference supported this bill.

SOLIDARITY

We are our brothers' and sisters' keepers, wherever they live.  We are one human family, whatever our national, racial,  ethnic, economic, and ideological differences.  Learning to practice the virtue of solidarity means learning that "loving our neighbor" has global dimensions in an interdependent world.

FARM LABOR - SB 1834 (Miller):
Prohibits farm labor contractors from charging certain fees to the laborers.  [SB 1834 passed the Senate Floor as amended by a vote of 40-0 and died in House Messages.]   The Conference supported this bill.

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