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Legislative Session - Week 7 Report
 
April 18-22, 2005
 
 

LIFE AND DEATH

Parental Notice of Abortion

CS HB 1659 (Kottkamp), which provides that notice shall be given by physician who will perform termination of pregnancy procedure and  provides minimum age requirement for minors who petition for waiver of notice, was found favorable with committee substitute by the House Justice Council with an 8-2 vote on Monday.  Please thank legislators voting yea: Culp, Domino, Kravitz, Kyle, Llorente, Mahon, Quinones, and Simmons.  Joyner and Slosberg voted nay.  On 4/21, this bill was considered by the full House and passed today on a 92-21 vote.  Click here for House vote.  After the floor vote, Antone voted yea, and Bullard, Fields and Holloway changed their votes from nays to yeas.

 

The companion bill CS SB 1908 (Dockery), was considered by the full Senate on 4/21 and three amendments to the bill were adopted.  CS SB 1908 is scheduled for a debate and vote on April 27.

 

Note:  These Parental Notice of Abortion bills are not yet identical.  CS SB 1908 allows all young girls to petition a judge to waive the requirement for notifying a parent or guardian.  CS HB 1659 only allows girls aged 16 or 17 to petition a judge to wave the requirement.  Notification provisions also differ in that CS SB 1908 provides that the referring or performing physician must notify the parent or guardian 48 hours prior to the abortion or face discipline by the state medical board.  CS HB 1659 requires that notice must be accomplished by the performing physicians and failure to do so will constitute medical malpractice.

 

Women's Health and Safety Act

CS SB 1862 (Dockery), which revises requirements for rules of the agency for Health Care administration relating to abortion clinics performing abortions after its first trimester of pregnancy, passed out of the Senate Judiciary Committee Friday with a  6-2 vote.  Please thank legislators voting yea: Baker, Webster Clary, Villalobos, Campbell, and Posey.  Aronberg and Geller voted nay.

 

Pregnancy Wrongfully Ended by Negligence

CS SB 1974 (Posey) and CS HB 839 (Llorente) addresses concerns that current law inadequately addresses rights of parents related to deaths of unborn children due to negligent acts.  CS SB 1974 was amended in Senate Judiciary Committee on April 22 providing that if a pregnancy was wrongfully ended by negligence of a person or entity, claims for damages for mental pain and suffering of parents may consider the name and sex of the unborn, as well as other circumstances surrounding the loss of the pregnancy.  CS HB 1974 is now referred to the Senate Banking and Insurance Committee.  CS HB 839 has similar provisions and is now on the Calendar to be considered by the full House.

 

HEALTH

For-Profit Hospice Legislation

CS SB 1622 (Atwater) and CS HB 1633 (Jennings, Jr.) moved through committees this week.  In its current form, CS SB 1622 will allow expansion of for-profit hospices in communities larger than 750,000 and where for-profits currently operate with a "certificate of need" .  CS HB 1633 is similar but was amended to allow for-profit hospices to only enter those communities already served by for-profit hospices.  Both bills require a study of the impact that for-profit hospices have on the overall delivery of hospice care in their communities.  The FCC and Florida's Catholic health ministries are expressing concerns over further expansion of for-profit hospices, and prefer the House bill.   

 

Nursing Home Tort Reform

SB 2390 (Campbell) this bill was temporarily passed ending legislative activity on the topic for the session.   The FCC and Florida's Catholic health ministries support increased financial responsibilities for nursing homes and changes in nursing home tort law, but the combination of provisions in this bill made it impossible to support.

 

EDUCATION

Students/Psychotropic Medicines

HB 1766 (Crist), prohibits schools that receive state funds from requiring student to be prescribed or administered psychotropic medication as condition of receipt of educational services. The legislation received favorable passage by a vote of 7-1 Please thank legislators voting yea:from the Senate Education Committee. Referred to the Health Care Committee. The House counterpart, HB 209, has cleared all committees and is now on the Calendar to be considered by the full House.

 

Summer Nutrition Bill

HB 227 (Greenstein) and SB 752 (Wise) both require each district school board to develop plan to sponsor summer nutrition program and provides criteria for operating program sites.  HB 227 is now in the Education Council.  SB 752 passed out of the Education Appropriations Committee with one amendment and is now on second reading in the Senate.

 

Student Athletes/Drug Testing

HB 257 (Llorente) and SB 2262 (Haridopolis), requires Florida High School Athletic Association (FHSAA) to adopt bylaws regarding steroid use and adherence to coaches code of ethics. In addition, the bill specifies that the FHSAA is to make recommendations for a pilot drug testing program to test for performance-enhancing drugs.  HB 257 is now on the House Calendar.  SB 752 received favorable passage this week in the Senate Education Committee and also is now on the House Calendar.

 

SOCIAL CONCERNS
Affordable Housing 

SB 1110 (Atwater) was amended to put the cap on funding allocated to the housing trust fund at $243 million based on a percentage of nonrecurring revenue.  This amended cap increases the original proposed cap of 193 million.  The Sadowski Coalition is asking for a base funding level of $331 million with annual increases tied to population growth and the Housing Cost Index.  This manner of funding allocation is being reviewed further to determine long range results. 

 


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