2003 End of Regular Session Report
of the
Florida Catholic Conference
May 2, 2003

The 2003 Florida Legislature concluded on May 2, 2003.  The summary below includes bills passed and sent to the Governor.  At the end of this report are important bills followed by the Conference that died.

PASSED BILLS - ORDERED ENROLLED -
SENT TO THE GOVERNOR FOR HIS SIGNATURE

LIFE AND DEATH

STEPHANIE SABOOR GRIEVING PARENTS' ACT – SB 2082 (Webster): Ensures that all parents of stillborn children are informed of their rights to access their children’s remains for ceremonies and / or burial. A number of Catholic hospitals have established these programs through which parents of stillborn children are helped through the grieving process.  The Conference supported this bill.

ANATOMICAL GIFT STATUTE RE-WORKED – (SB 530) (Smith):  The "Nick Oelrich Gift of Life Act" contains provisions to strengthen a donor’s autonomy and the weight of a desire to donate if expressed when renewing a driver's license.  The Conference sought to remove from the bill a provision that makes it impossible to revoke or amend a gift if the only persons who know of such a desire are family members. This could have a chilling effect on donations, if bona fide wishes of donors that are known only to family members are not honored. We offer two suggestions to readers: 1) express wishes in writing about organ donation in a living will; and 2) continue to speak with family members so they know one’s wishes and where to find written instructions about organ donation.

HEALTH PROXY STATUTE AMENDED – Amends the Florida statute that covers health proxies to include social workers and graduates of court-appointed guardianship programs as potential proxies when no one is available to serve in such capacity in the other classifications.  The Conference sought protections, which became part of the new law, including involvement of ethics committees in decisions to withdraw or withhold life-prolonging procedures, establishing requirements to document efforts to contact other potential surrogates, and making independent physicians available for consultation to proxies in the new classification.

SOCIAL CONCERNS

ADOPTION / CHILD WELFARE / FOSTER CARE

ADOPTION STATUTES – HB 835 (Mahon) & HB 1017 (House Procedures):  Amends portions of Chapter 63 applying to stepchild adoptions; revises definitions including unmarried biological father; revises the adoption disclosure form; creates Florida Putative Father Registry and requires search of registry prior to adoption under certain circumstances; changes date to contest judgment terminating parental rights from 2 years to 1 year.  HB 1017 provides that the 2003 Florida Statutes shall be in effect immediately upon enactment and repeals every statute enacted at or prior to the April 29-May 13, 2002 Special Session, but shall not affect any right accrued before such repeal or any civil remedy where a suit is pending. The Conference supported this bill.

FAMILY SUPPORT

MARRIAGE / FAMILY SUPPORT INITIATIVES – CS/SB 480 (Lynn):  Creates the commission on marriage and family support initiatives and provides for development of statewide plans for services and support to couples and parents as part of welfare reform purposes enacted in 1996; assumes duties of Commission on Responsible Fatherhood.

EMPLOYMENT

LIVING WAGE MANDATE – CS/SB 54 (Constantine):  Prohibits local governments from requiring employers to pay a minimum wage in excess of the federal minimum wage. Political subdivisions may pay wages higher than minimum wage. Federally recognized Indian tribal governments may pay more than federal minimum wage to persons employed in territory over which tribe has jurisdiction.

ENVIRONMENT

UTILITIES – CS/SB 140 (Argenziano):  Clarifies powers of municipalities and counties to own water utilities and wastewater utilities; authorizes Public Service Commission to review acquisitions.

EVERGLADES FOREVER ACT – CS/SB 626:  Renames The Everglades Swim Plan as The Long Term Plan which includes revisions; authorizes review by the Department Of Environmental Protection of certain projects and incremental phosphorus reduction measures; adopts phosphorus criterion that may include moderating provisions; provides schedule for enhancements to Everglades Construction Project. We opposed the extension of the deadline for compliance because of the environmental impact as well as the possible loss of federal funding.

EDUCATION

AUXILIARY SERVICES

SCHOOL BUS TRANSPORTATION – SB 614 (Miller):  Provides for nonpublic school students to be transported on public school buses and public school students to be transported on private school buses when there is mutual agreement between the local school board and applicable private school.

ACCOUNTABILITY

EDUCATION ACCOUNTABILITY – HB 915 (Pickens):  Although this legislation is applicable to public schools, it establishes a concordance study to determine comparative test scores of the SAT, PSAT, ACT, PLAN and college placement tests to be matched with the results of the Florida Comprehensive Assessment Test.

UNIVERSAL PRE-K

UNIVERSAL PRE-KINDERGARTEN PROGRAM – SB 1334 (Garcia):  Requires the State Board of Education to conduct a study to assess the criterion for early childhood programs to participate in universal Pre-K, which was adopted by voters last fall as a constitutional amendment.

POST SECONDARY

BRIGHT FUTURES SCHOLARSHIPS – SB 354 (Carlton):  Revises laws relating to the Bright Futures Scholarship Program that would include eligibility requirements to obtain a scholarship.

ACCESS TO POST SECONDARY EDUCATION – HB 1739 (General Education):  Requires the State Board of Education to adopt rules providing for test accommodations and modifications of procedures for students with disabilities.  [Signed by the Governor on 4/24/03; effective date 4/24/03, Chapter 8.]

ACTIVITIES

FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION – SB 2156 (Diaz de la Portilla):  Revises various provisions regarding Florida High School activities; deletes specified duty of association to conform; requires Department of Education to adopt safety standards for cheerleaders.   Language was deleted from this legislation that would have required that a study be initiated to assess a two-tier system that limited private schools to only compete at the playoff level with other private schools.

CHILD CARE

CHILD CARE – CS/SB 2446 (Wasserman Schultz):  Revises in-service training by increasing the course work "clock hour" requirements for child care personnel.

CERTIFICATION

NONPUBLIC SCHOOL TEACHER CERTIFICATION – CS/CS SB 958 (Senate Governmental Oversight & Productivity Committee:  Authorizes a district school board to reemploy certain retired instructional personnel following 1 month of retirement.  Revises the payroll contribution rates for the defined benefit plan of the Florida Retirement System for the 2003-2004 fiscal year.

HEALTH CARE

MEDICALLY NEEDY PROGRAM:   Both the House and the Senate moved to restore the Medically Needy Program in its current form through June and have expressed commitments to maintain the program in the coming fiscal year. We will monitor and advocate in this regard in the coming special session.

HEALTH FINANCE

HEALTH BUDGET ISSUES – SPECIAL SESSION TO COMPLETE:  Will be addressed when the Legislature returns for a special session May 12-27.  There were substantial improvements made over the course of the regular session, although the session ended with expected changes that would remove over $30M in payments to the health delivery system that serves all Floridians.

MEDICAL MALPRACTICE – SPECIAL SESSION ON HORIZON:  The regular session ended with the House and Senate arriving at diverse approaches to solving the medical malpractice crisis which is currently impeding patient access to care and threatening the long term stability of Florida’s health delivery system. The burden of caring for almost 3 million uninsured persons is also profoundly straining the health delivery system and places the health of our society at risk. A special session to address medical malpractice is being planned.

BILLS THAT DIED

LIFE AND DEATH

WOMEN’S HEALTH AND SAFETY ACT – SB 212 (Cowin) & CS/CS/HB 219 (Bean):  Revises rules for clinics performing abortions after the first trimester of pregnancy and requires abortion clinics to develop policies regarding treatment of patients, including postoperative procedures and obtaining informed consent. [SB 212 died in committee. CS/CS/HB 219 died on House Calendar.]

HUMAN CLONING PROHIBITION ACT – SB 1726 (Webster) & HB 285 (Kallinger):   Efforts to push the bill through the House and to the Senate ended when the House adopted an amendment undermining the bill's intent on the House floor. The Conference opposed the amendment, and House leadership allowed the bill to die after its adoption. The Senate companion measure passed its initial committee and was not taken up by the full Senate.

For a voting tally on the House amendment, see:
http://www.myfloridahouse.com/FloorVote.aspx?voteid=2685. ("N" indicates opposition to the amendment, "Y" indicates support and "-" indicates the member did not vote.) [SB 1726 died in committee.  HB 285 died on House Calendar.]

CENTER FOR BIOMEDICAL RESEARCH – SB 2142 (Webster)& HB 485 (Farkas):  An initiative that establishes the James and Esther King Center for Universal Research to Eradicate Disease (named for President King’s parents) passed unanimously through the Senate but failed to gain passage in the House. It is aimed at non-controversial research utilizing adult stem cells and would have expanded the long-term goals and funding for the Florida Biomedical Research Program. [SB 2142 died on Senate Calendar. HB 485 died on House Calendar.]

UNBORN QUICK CHILD – CS/HB 707 (Planas) & SB 2072 (Cowin):  Sets punishments for the death of an unborn quick child defined as an unborn child, who has developed to the point of maturity where the mother can feel his / her movements or can survive outside the womb. [CS/HB 707 passed the House and died in referred Senate committees.  SB 2072 died in Senate Judiciary Committee]

SOCIAL CONCERNS

MIGRANT FARMWORKERS / IMMIGRATION

RESIDENT STATUS FOR TUITION PURPOSES – CS/SB 1852 (Diaz de la Portilla) & HB 119 (Zapata):  Determines residence status based on three consecutive years of state residence prior to receiving high school diploma or GED, filing an affidavit stating intent to become a permanent resident at earliest opportunity. CS/SB 1852 includes foreign nationals serving as liaison officers and their family attending post-secondary institutions within 50 miles of military base where stationed. [CS/SB 1852 died in Messages to the House. HB 119 died in House Appropriations Committee]

WORKER SAFETY / AGRICULTURAL PESTICIDES – CS/SB 2558 (Hill) & HB 1253 (Peterman):   Requires agricultural employers to inform workers with safety sheet in their language about health risks and prevention of overexposure to pesticides; re-enacts Florida Agricultural Worker Safety Act which "sunsetted" in 1998.  [CS/SB 2558 died in Senate Health, Aging & Long Term Care Committee. HB 1253 died in House Agricultural Committee.]

FARM LABOR CONTRACTORS – SB 2426 (Dawson) & HB 1327 (Peterman):  Guarantees payment of at least minimum wage by persons utilizing farm labor contractors to hire farm workers; provides legal remedy for unpaid wages. [SB 2426 died in Senate Agriculture Committee. HB 1327 died in House Agriculture Committee.]

ENVIRONMENT

PHOSPHATE MINING – CS/HB 1363 (Paul):  Authorizes Department of Environmental Protection (DEP) to amend master reclamation plan; provides guidelines for reclamation of lands mined or disturbed by severance of phosphate rock; levies tax on all persons engaging in business of severing phosphate rock; provides civil remedies to DEP, if owner/operator fails to abate a release or threatened release of any hazardous substances, pollutant or contaminant or abate an imminent danger to environment or health. [CS/HB 1363 passed in House and died in referred Senate committees.]

CHILD SEXUAL ABUSE

REPORTS OF CHILD ABUSE – CS/SB 606 (Miller) & HB 629 (Gibson):  Requires any person, including persons employed or supervised by any religious institution (including synagogues, churches, and mosques) or a school or an auxiliary organization affiliated with a religious institution, who knows or has reasonable cause to suspect that a child is abused, to report this knowledge or suspicion to the Department of Children and Families (DCF). Would require those employed or supervised by religious institutions to provide their names to DCF staff upon making reports. [CS/SB 606 died in Messages to the House. HB 629 died in House The Future of Florida’s Families Committee.]

CHILD ABUSE / ABUSE OF VULNERABLE ADULTS – CS/SB 1834 (Bennett) & HB 1321 (Gannon):   Removes the statutory right of privileged communication between any member of the clergy and a person seeking spiritual counsel and advice in cases involving child abuse, abandonment or neglect.  This provision directly impacts the Sacrament of Reconciliation. Expands liability in cases of childhood sexual abuse to include any person or entity who owed a duty of care to the injured person. Provides a two-year window beginning January 1, 2004, in which any action that would be otherwise barred because the statute of limitations may be revived or commenced. [CS/SB 1834 died in Senate Judiciary Committee.  HB 1321 was voted unfavorably in House The Future of Florida’s Families Committee.]

CHILDREN’S WELFARE – SB 2356 (Villalobos) & HB 541 (Llorente):   Provides persons responsible for child’s welfare include employee of, or volunteer at, public or private school, religious organization, public or private day care center and more. Provides that in the case of known or suspected abuse of a child, a person who is required to report such abuse and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a felony of the third degree.  [SB 2356 died in Messages to the House. HB 541 died in House The Future of Florida’s Families Committee.]

EDUCATION

CLASS SIZE REDUCTION ACT – SB1436 (Carlton):  Contains provisions for scholarships and grants for class size to be alleviated within the public school system. In addition, language also includes state reciprocity for out-of-state teachers to obtain Florida certification and a "DROP" provision for retired teachers administrators and teachers to be rehired.

STUDENTS' RIGHTS RELATING TO SEXUAL ORIENTATION – SB 1498 (Margolis):  Includes language, which would have required private schools to adhere to the provisions relating to students' rights of sexual orientation.  [SB 1498 died in Senate Education Committee.]

PROCEDURAL SAFEGUARDS – HB 975 (Seiler):   Revises procedural safeguards for parents, on behalf of their disabled children, for a cause of action against school districts.  [HB 975 died in House Judiciary Committee.]

SCHOOL CHOICE

CORPORATE TAX SCHOLARSHIP PROGRAM – CS/SB 2062 (Lee) & CS/HB 805 (Baker):  CS/SB 2062 amends the Corporate Tax Scholarship Program by raising the program cap to $75 million and sets aside an allocation for children whose military families meet the poverty threshold of free and/or reduced lunch.  CS/HB 805 raises the program cap to $100 million and provides for children of military families, regardless of income, to be eligible for a tax scholarship. [CS/SB 2062 died in Messages to the House.  CS/HB 805 died in Senate Education Committee.]

HIGHER EDUCATION FINANCE POLICY – HB 1745 (House Education K-20):  Reduces funding for the Bright Futures Scholarship Program and permits state universities to raise tuition up to 12.5 percent annually.  [HB 1745 died in Senate Education Committee.]

SCHOOL CODE – CS/SB 1772 (Senate Education) & HB 319 (Mealor)::  Addresses several technical "glitches" to correct last year's omnibus school code legislation.  [CS/SB 1772 passed the Senate; passed the House with amendments and died in returning Messages to the Senate.  HB 319 died in returning Messages to the House.]

McKAY SCHOLARSHIP PROGRAM FOR STUDENTS WITH DISABILITIES – SB 2346 (Wasserman Schultz) & HB 469 (Henriquez):  Requires private schools participating in the McKay Scholarship Program for Students with Disabilities to employ or contract with teachers who are certified for each grade level, subject area and exceptionality in which the teacher provides instruction to the scholarship recipient.  SB 2346 was withdrawn from consideration on the condition that private school accountability issues would be addressed by a task force.  [SB 2346 died in Senate Education Committee.  HB 469 died in House Education Subcommittee on Education Innovation.]

CHILD CARE FACILITY LICENSE – CS/SB 194 (Lynn) & HB 521 (Detert):  Sets a precedent by requiring accreditation programs to ensure that childcare programs under F.S. 402.316 are meeting health and safety provisions.  In addition, requires the Department of Children and Family Services to establish a database of child care programs and their accrediting agencies. HB 521 died in committee. Language in CS/SB194 was deleted except for a reporting provision. [CS/SB 194 died in Messages to the House. HB 521 died in House The Future of Florida’s Families Committee.]

HEALTH ACCESS

FLORIDA KIDCARE PROGRAM – SB 466 (Wasserman Schultz) & HB 245 (Rich):  Allows uninsured parents, guardians or relative caregiver’s coverage under Florida Kidcare program; expands access to care.  [SB 466 died in Senate Health, Aging and Long Term Care Committee. HB 245 died in House Health Care Committee.]

STATE GROUP INSURANCE PROGRAMS – SB 426 (Clary) & HB 157 (Sansom):  Expands participation in state group health insurance program and prescription drug coverage program to include employees of all elected district school boards. [SB 426 died in Senate Appropriations Subcommittee on General Government. HB 157 died in House Local Government & Veterans’ Affairs Subcommittee on Local Affairs.]

UNINSURED TASK FORCE – CS/SB 2234 (Dawson) & HB 1479 (Antone):  Creates a group to study the concerns of hospitals treating the uninsured. [CS/SB 2234 died in Senate Banking & Insurance Committee.  HB 1479 died in House Health Care Committee.]

OPTIONAL MEDICAL ASSISTANCE – SB 1394 (Wasserman Schultz) & CS/HB 155 (Cusack):   Allows disabled persons who return to work to purchase Medicaid coverage when their incomes are 250% at poverty level.  [SB 1394 died in Senate Appropriations Subcommittee on Health and Human Services.  CS/HB 155 died in House Insurance Subcommittee on Health Access and Financing.]