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2005 Final Legislative Report
May 11, 2005
The Florida
Legislative Session concluded "sine die" on May 6, 2005. Appearing below is
a summary of major bills followed by the Conference that passed both
chambers and were sent to the governor for his signature, as well as some
important bills that died. The report is organized under the key themes of
Catholic Social Teaching.
For additional information and the complete text of any bill
listed on this report, please visit the websites of
The Florida Senate or
The Florida House of Representatives
CLICK ON THE LINKS ABOVE TO ACCESS
YOUR AREA(S) OF INTEREST
BILLS PASSED - ENROLLED - SENT TO
GOVERNOR
PARENTAL NOTICE OF ABORTION
– CS/CS/HB 1659 (Kottkamp):
Provides that actual or constructive notice shall be given by physician who will perform
termination of pregnancy procedure; specifies information required to be
included in notices; provides procedures for judicial waiver of notice;
requires Supreme Court to adopt rules in accordance with provisions of the
bill.
WOMAN’S HEALTH AND SAFETY ACT – HB 1041 (Bean): Revises requirements
for rules of Agency on Health Care Administration re abortion clinics performing abortions after first
trimester of pregnancy; requires rules that prescribe standards for physical
facilities, supplies and equipment, personnel, screening and evaluation,
recovery, follow-up care, and incident reporting; provides
that rules regulating abortion clinics may not impose unconstitutional
burden.
BILLS THAT DIED
ARTIFICIALLY PROVIDED SUSTENANCE - CS/SB 804
(Webster) & CS/CS/HB 701 (Baxter):
Bills took different approaches to establish a
presumption in favor of nutrition and hydration for specified persons in
persistent vegetative state - who have not expressed wishes via advance
directives. These would likely have had an impact on the Schiavo case. HB
701 passed the House; SB 804 failed 18-21 on the Senate floor.
HEALTH CARE ADVANCE DIRECTIVES - SB 2308
(Crist) & CS/HB 1345 (Homan):
Original bill established another category for which nutrition and hydration
and other life-prolonging procedures can be withheld or withdrawn. House
version was amended to strike those provisions but incorporated a
problematic policy in which a living will would always have more weight than
a surrogate’s input when there is a discrepancy between the two. The Senate
bill was not heard.
SOCIAL
CONCERNS
BILLS PASSED - ENROLLED - SENT TO GOVERNOR
FAMILY COURT EFFICIENCY
– CS/SB 348 (Lynn): Authorizes Supreme Court to create system to identify
cases re individuals and families within court system by a personal
identifier; provides for limited
admissibility of evidence in subsequent civil proceedings; provides for
court to determine matters re child support in any proceeding under Chapter
61; eliminates provisions regarding grandparents' visitation rights.
CHILD SUPPORT - CS/CS/HB 1283 (Galvano):
Provides civil penalty and attorney's fees & costs for noncompliance with
requirement to enroll child in health care coverage; provides for
enforcement by Department of Revenue (DOR); provides for repayment of
support delinquency through income deduction; provides for suspension of
driver's license to enforce compliance with order to appear for genetic
testing; requires Department of Health to amend child's birth certificate when paternity is
established by DOR.
IMMIGRANT
CHILDREN/RESIDENCY STATUS – SB 498 (Margolis):
Directs Children and Family Services
Department or
community-based care provider to determine whether dependent child is
citizen of U.S. & to report information to court; provides that services to
children alleged to have been abused, neglected, or abandoned be provided
without regard to citizenship of child except where alienage or immigration
status is explicitly set as statutory condition of coverage or eligibility.
CESAR CHAVEZ DAY – SB 1278 (Hill):
Resolution recognizing March 31,
annually, as Cesar Chavez Day.
AGRICULTURE -
CS/CS/HB 1717 (Stansel): Clarifies value for purpose of assessment for ad
valorem taxes of certain property leased by Department of Agriculture and
Consumer Services; names Part II of Chapter 450 as the "Alfredo Bahena Act";
repeals s. 450.211 relating to advisory committee for Legislative Commission
on Migrant Labor; reverses definition of material safety data sheet.
Excise Tax on
Documents/Proceeds - HB 1889 (Fiscal
Council): Revises monetary
criteria for distributing portions of tax to certain trust funds; revises
authorization for DOR to use certain amounts for certain purposes; requires
that proceeds of tax in excess of specified amounts be deposited into
General Revenue Fund; requires distributions to State Housing Trust Fund
(affordable housing) to
be sufficient for certain purposes; provides limitation.
LAKE OKEECHOBEE
PROTECTION PROGRAM - CS/CS/HB 155 (Machek):
provides legislative
findings re implementation and funding of Lake Okeechobee Watershed Phosphorus
Control Program & Lake Okeechobee Protection Program; revises definition;
provides that DOACS, DEP, & South Fla. Water Management District be jointly
responsible for implementing Lake Okeechobee Protection Plan; requires that
annual funding priorities be jointly established; provides criteria for
funding priorities. Signed by governor 5/10/05.
WATER SUPPLIES -
CS/CS/CS/SB 444 (Dockery): encourages cooperation in development of
water supplies; encourages municipalities, counties, & special districts to
create regional water supply authorities; requires water management
districts to detail specific allocations to be used for alternative water
supply development in their annual budget submission; establishes economic
incentives for alternative water supply development.
BILLS
THAT DIED
HIGHER EDUCATION FINANCE/IN-STATE TUITION -
CS/HB 119 (Zapata): Revises
provisions re determination of resident status for tuition purposes;
classifies as residents for tuition purposes certain employees of
international multilateral organizations; provides eligibility criteria for
certain students who are not permanent residents of U.S. for exemption from
payment of nonresident tuition.
FARM LABOR VEHICLES - CS/CS/SB 1874
(Alexander) & CS/HB 1059 (Gannon):
Requires owners and operators of farm labor vehicles to conform such vehicles
to certain standards; requires seat belts at each passenger position in
certain vehicles; requires certain operators to display certain sticker on
vehicle; provides presumption for injuries sustained by worker in vehicle;
requires display of sticker.
WRONGFUL CRIMINAL CONVICTIONS - SB 1004 (Siplin)
& CS/HB 1879 (Claims, Quinones):
Provides
for civil damages for certain wrongful criminal convictions; provides for
joint and several liability; provides for statute of limitations.
EDUCATION
BILLS PASSED - ENROLLED - SENT TO
GOVERNOR
BOOKS/CLOTHING/SCHOOL
SUPPLIES/TAX – CS/HB 101 (Sansom): Specifies period during which sale of books, clothing, &
school supplies are exempt from tax on sales, use, and other transactions;
provides definitions; provides exceptions; authorizes Department of Revenue to adopt rules.
APPROPRIATION: $206,000.
SCHOOL STUDENTS/PSYCHOTROPIC MED – CS/CS/CS/HB 209 (Barreiro):
Defines
term "psychotropic medication"; prohibits recipients of state funds used for
educational purposes from requiring student to be prescribed or administered
psychotropic medication as condition of receipt of educational services;
provides requirements for administration; provides restriction re diagnosis
of treatment of mental disorders.
CHILDREN’S SUMMER NUTRITION / MS. WILLIE ANN GLENN ACT – CS/CS/HB 227
(Greenstein): Requires each district school board to develop a plan to sponsor
summer nutrition program; provides criteria for operating program sites;
authorizes exemption from sponsoring said program & provides procedures
therefore; authorizes school boards to encourage not-for-profit entities to
sponsor said program under certain circumstances; authorizes superintendent
of schools to collaborate with specified agencies to implement said program.
CHILD
PROTECTIVE INVESTIGATIONS – CS/CS/SB 758 (Wise): Provides staff of children's advocacy center with access to records of
child abuse and neglect; prohibits use of information contained in reports of
child abuse, abandonment, or neglect in institutional investigations for
purposes that adversely affect interests of persons not identified as
responsible.
REGIONAL
AUTISM CENTERS - CS/HB 885 (Goldstein):
Creates additional regional autism center in state; reduces
number of counties within service areas of two existing regional autism
centers; provides for consistency in service delivery; requires each
constituency board to raise funds; provides prohibition.
VOLUNTARY
PRE-K PROGRAM – HB 1695 (Pre-K, Arza):
Creates exemption from public records requirements for
individual records of children enrolled in Voluntary Prekindergarten
Education Program; provides for retroactive application; provides for
exceptions to exemption; provides for future review & repeal; provides
statement of public necessity.
BILLS THAT DIED
SCHOLARSHIP ACCOUNTABILITY
PROGRAMS – CS/CS/CS/SB 2 (King, Jr):
Amends provision re John M. McKay Scholarships for Students with
Disabilities Program; extends term of scholarship; requires that private
school maintain physical location in this state; prohibits participating
private schools from sending or directing scholarship funds to parents of
scholarship student who receives instruction at home; requires DOE to
determine eligibility of private school to participate in program.
STUDENT ATHLETES/DRUG
TESTING – CS/HB 257 (Llorente):
Requires Fla. High School
Athletic Association to adopt bylaws re steroid use & adherence to coaches
code of ethics; requires development of such code; requires said association
to make recommendations for pilot drug testing program to test for
performance-enhancing drugs.
DISCOUNTED COMPUTERS/STUDENTS - CS/HB 1613 (Jennings, Jr):
Creates program to
offer discounted computers & Internet access to public school students in
grades 5 through 12; requires Department of Education to negotiate terms with computer
manufacturers and broadband Internet access providers; requires dept. to adopt
rules, including rules for provision of technical training to students;
requires Digital Divide Council to implement pilot project to assist
low-income students with purchasing computers.
EARLY LEARNING – CS/SB 1756 (Commerce and Consumer Services):
Requires early
learning coalitions to provide parents with profiles of school readiness
providers; authorizes said coalitions to establish school-age readiness
services under certain circumstances; revises requirements for
transportation services in school readiness programs; provides requirements
for school readiness quality initiatives; revises requirements for Child
Care Executive Partnership Program.
SCHOOL HEALTH SERVICES PROGRAM - SB 1248
(Wilson) & HB 1401 (Roberson): Defines term "school-based health center"
for purposes of School Health Services Act; provides that such center is
health care entity acting as instrumentality of state for purposes of
certain limitations on liability.
BILLS PASSED - ENROLLED - SENT TO GOVERNOR
Medicaid Reform -
CS/CS/SB 838 (Peaden,
Jr): Governor Bush has urged the
legislature to reform Florida’s est. $15 billion Medicaid Program, which
insures 2.3 million residents, including more than 1 million children, much
of the blind and disabled population, and providing 2/3 of nursing home care
in the state. The Legislature directs establishment of pilot programs
in Northeast Florida and Broward County, which would shift program
participants not already enrolled in managed care into such plans.
Legislative approval of the pilots is required.
Florida KidCare Program
– CS/CS/HB 569 (Garcia):
Shifts state policy away from up to two
monthly, periodic open enrollment programs back to year-round enrollment.
This should reverse the decline in program participation over the last year
and make health insurance more readily available for children from Florida’s
predominantly working poor families.
HOSPITAL/HURRICANE
DAMAGE - CS/CS/SB 662 (Clary):
Creates a commission to study the effect of
hurricanes on certain hospitals, and provides for a study of the impact of
increased for-profit hospice presence in Florida.
BILLS THAT DIED
STEM CELL RESEARCH - SB 2304 (Geller) & HB 1611 (Sands):
Creates stem cell research program;
requires program to conform to certain ethical standards; requires research
to be conducted in institutions within state. APPROPRIATION: $10,000,000.
HOSPICES - CS/CS/SB 1622 (Atwater) &
CS/CS/HB 1633
(Jennings, Jr.): Provides for
licensure of hospices that meet specified conditions; requires report to
Legislature by Agency for Health Care Administration.
MISCELLANEOUS
BILLS PASSED - ENROLLED - SENT TO
GOVERNOR
FREEDOM TO WORSHIP SAFELY ACT – CS/HB 319
(Ryan): Provides for upgrading of
degree of offense that involves use or threat of physical force or violence
against any individual if offense is committed at location where religious
institution is conducting or carrying on religious services or activities;
provides for gain-time eligibility and severity ranking of offenses; provides
for application of severity ranking chart of Criminal Punishment Code;
provides applicability.
ALIMONY - CS/SB 152 (Siplin):
Authorizes court to modify payment of
alimony if there is proof by preponderance of evidence that recipient former
spouse is in de facto marriage with person of opposite sex outside of legal
bond of matrimony; prescribes factors to be considered by court; provides
for application.
POPE JOHN PAUL II - SB
2736 (Fasano) & HB 9131 (Traviesa):
Resolution remembering Pope John
Paul II for his exemplary life of daily courage as a common man who adored
his God, who through and for Him dedicated his life and soul to love,
compassion, mercy, and service of others, and who in so doing changed the
world forever.
BILLS THAT DIED
SEXUAL
BATTERY ON A MINOR - CS/SB 188 (Campbell) & CS/HB 549 (Greenstein):
Provides
for time period for commencing civil action based upon act that constitutes
sexual battery upon minor to be tolled under certain circumstances; provides
that time period for commencing prosecution for sexual battery upon minor
does not run during certain specified time periods.
The Florida Catholic Conference
201 W. Park
Ave.
* Tallahassee, FL * 32301-7715
Phone (850) 222-3803 * Fax (850) 681-9548
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