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2005 Legislative
Report (4)
April 29, 2005
Appearing below is a summary of the major bills
followed by the Conference that are still alive and likely to be acted on
before the end of the legislative session, May 6, 2005. 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
Florida Catholic Conference Position Legend:
Support (S), Oppose (O),
Monitor (M)
PARENTAL NOTICE OF ABORTION – SB 1908 (Dockery) & HB 1659 (Kottkamp):
Provides that actual notice shall be given by physician who
will perform termination of pregnancy procedure; specifies information
required to be included in notices; provides circumstances in which prior
notice is not required; provides that violation of notice requirements by
physicians shall be considered medical malpractice; requires Supreme Court
to ensure certain proceedings are conducted expeditiously & lawfully, etc..
[HB 1659 was passed in the House and is on third reading in the Senate; SB
1908 was substituted by HB 1659.] (S)
WOMAN’S HEALTH AND SAFETY ACT – SB 1862 (Dockery) & HB
1041 (Bean): Revises requirements for rules of AHCA re abortion clinics
performing abortions after first trimester of pregnancy; requires rules that
prescribe standards for physical facilities, supplies & equipment,
personnel, screening & evaluation, abortion procedure, recovery, follow-up
care, & incident reporting; provides that rules regulating abortion clinics
may not impose unconstitutional burden, etc. [SB 1862 is on the second
reading; HB 1041 was passed in the House and was referred to Health Care,
Judiciary, and Health and Human Services Appropriations in the Senate.]
(S)
UNBORN QUICK CHILD – SB 1526 (Baker) & HB 233 (Planas): Includes death
of said child under DUI manslaughter; provides that killing said child by
injury to mother which would be murder in any degree if it resulted in death
of mother is murder in same degree; provides that death of mother does not
bar prosecution under specified circumstances; provides that section does
not authorize prosecution of person in connection with termination of
pregnancy, etc. [HB 233 was passed in the House and the Senate. SB 1526 was
substituted by HB 233.] (M)
PREGNANCY
ENDED/ANOTHER’S NEGLIGENCE - HB 839 (Llorente) & SB 1974 (Posey):
Creates act re admissibility of evidence in action alleging that pregnancy
was wrongfully ended by another's negligence; provides for admissibility of
certain evidence in evaluation claim for damages for mental pain & suffering
of parents in action alleging that pregnancy was wrongfully ended by
negligence of another; provides intent. [HB 839 was found favorable
by the Justice Council and placed on the calendar; SB 1974 was found
favorable with the Judiciary and is now in Banking and Insurance.] (M)
DEATH PENALTY REFORM ACT
– HB 1005 (Kravitz) & SB 1972 (Crist): Prohibits certain public
defenders from representing certain persons sentenced to death; provides for
notification of Fla. Supreme Court & appointment by court of another public
defender; amends provision re capital postconviction public records
production; revises criteria for determining full pleading of capital
postconviction action, etc. [HB 1005 was found favorable by Justice Council
and was placed on the calendar; SB 1972 was found favorable by Criminal
Justice and is now in the Judiciary.] (M)
DEATH PENALTY – HB 1867
(Criminal Justice, Kravitz) & SB 2310 (Smith):
Repeals Rule 3.203, Florida Rules of Criminal
Procedure, re imposition of death penalty on persons declared mentally
retarded. [SB 2310 was found favorable by Criminal Justice and is now in the
Judiciary; HB 1867 passed in the House, was received by the Senate
referred to Criminal
Justice; Judiciary.] (M)
WITHHOLDING NUTRITION OR HYDRATION - HB 701 (Baxley) & SB 804 (Webster):
Creates "Starvation & Dehydration of Persons with Disabilities Prevention
Act"; declares that incompetent person is presumed to have directed health
care providers to provide necessary nutrition & hydration to sustain life;
prohibits court, proxy, or surrogate from withholding or withdrawing
nutrition or hydration except under specified circumstances, etc. Creates
765.601-.604; amends 765.106,.107,.204,.305,.401,.404. [HB 701 was passed by
the House and received by the Senate and referred to Judiciary. SB 804
failed in the Senate.] (S)
ADOPTION - HB 1299 (Mahon) & SB 2154
(Campbell): General Adoption;
revises legislative intent to allow legal custodians to participate in
certain private adoption plans; revises conditions under which adoption
entity is guardian of minor; authorizes court to retain jurisdiction of
minor until adoption is finalized within or outside of state; provides
conditions under which unmarried biological father shall lose parental
rights; revises requirements for withdrawing consent for adoption, etc.
Amends Ch. 63. [HB 1299 has been found favorable by Future of Florida's
Families, Civil Justice, Health & Families Council; has been read a second
time in the House and ordered engrossed. SB 2154 has been referred to
Children and Families and Judiciary.] (S)
Adoption - HB 1833 (Mahon, Civil Justice): Provides that
interest that entitles person to notice of adoption proceeding must be
direct, financial, & immediate; provides that showing of indirect,
inconsequential, or contingent interest is wholly inadequate; provides
construction & applicability. [HB 1833 was passed by the House, received by
the Senate, and referred to Children and Families; and Judiciary.] (M)
PREGNANT WOMEN/HIV
TESTING – SB 186 (Lynn): Requires all pregnant women to be tested for
HIV infection; provides that each woman be informed of HIV test results;
requires that information be provided to woman about medical & support
services if test results are positive; provides exemption from testing
requirements if pregnant woman objects. Amends 384.31. [SB 186 was found
favorable in Health Care and Judiciary, and Health and Human Services
Appropriations, passed in the Senate and is in messages to the House.]
(S)
FAMILY COURT EFFICIENCY
– HB 145 (Planas) & SB 348 (Lynn): Authorizes Supreme Court to create
system to identify cases re individuals & families within court system;
provides for limited admissibility of evidence in subsequent civil
proceedings; provides for court to determine matters re child support in any
proceeding under specified provisions; revises timeframe for completing
parenting course, etc. Creates 25.37; [HB 145 was found favorable by
Judiciary, Future of Florida’s Families, and Justice Appropriations, and is
now on the calendar. SB 348 was passed by the Senate, received by the house,
and is now on the calendar.] (S)
Relating to Children & Family
Services Dept. - SB 408:
Revises penalties imposed by DCFS against participant who is
receiving temporary cash assistance & who fails to comply with work
requirements; revises certain requirements for determining eligibility for
temporary cash assistance in order to conform to federal requirements;
repeals provision re disqualification from food stamp program for arrearage
in child support payments, etc [SB 408 passed in the Senate, was passed with
Amendments in the House, and is in messages.] (M)
Relating to Child
Support - HB 1283 (Galvano) & SB 1884 (Campbell): Provides civil
penalty & attorney's fees & costs for noncompliance with requirement to
enroll child in health care coverage; provides for enforcement by 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 DOH to amend child's birth
certificate when paternity is established by DOR, etc [HB 1283 has passed in
the House and the Senate. SB 1884 was substituted by HB 1283.] (M)
Relating to Jessica Lunsford Act
- HB 1877 (Criminal Justice, et al):
Creates Jessica Lunsford Act; provides for specified sentencing of persons
convicted of life felony offense in certain provision; provides for
electronic monitoring; prohibits harboring of sexual predator or sexual
offender; revises provisions re sexual offender registration; requires
search of sexual offender & sexual predator registry by entities providing
probation services, etc. [HB 1877 has passed in both chambers and has been
presented to the Governor.] (S)
ELECTIONS/FORMER FELONS' VOTE – SB 132 (Dawson) & HB 269 (Bendross-Mindingall):
Cites act as "Citizens' Empowerment Act"; provides for automatic restoration
of former felons' right to vote following completion & satisfaction of
sentence of incarceration & community supervision; provides conditions for
such automatic restoration; amends provisions to conform. Amends
97.041,.052,.053, 98.0977. [SB 132 was referred to Ethics and Elections;
Criminal Justice; Judiciary. HB 269 was referred to Ethics & Elections;
Criminal Justice; Judiciary; Transportation & Economic Development
Appropriations; State Administration Council, and is now in Ethics &
Elections.] (S)
ALFREDO BAHENA ACT – SB
472 (Alexander):
Repeals provision re
advisory committee for Legislative Commission on Migrant Labor. Repeals
450.211. [SB 472 was found favorable by Commerce and Consumer Services and
is now on the second reading.] (S)
FARM LABOR VEHICLES – HB
1059 (Gannon) & SB 1874 (Alexander, Hill): Revises terms "migrant farm
worker" & "migrant farm worker carrier"; requires certain seatbelts at each
passenger position in vehicle; requires certain operators to have
departmental authorization to operate vehicle; requires HSMV to create
vehicle authorization sticker denoting authorization of vehicle for use in
transportation of farm workers; requires display of sticker, etc. Amends
316.003,.620, 320.38, 322.031, 450.181,.33. [HB 1059 has been found
favorable with amendments by Agriculture and has been referred to
Transportation, and State Resources Council. SB 1874 has been found
favorable by Transportation, and Commerce and Consumer Services, and is in
General Government Appropriations.] (S)
CESAR CHAVEZ DAY – SB 1278 (Hill): A Florida Senate resolution
recognizing March 31, annually, as Cesar Chavez Day. [SB 1278 has been
adopted by the Senate.] (S)
TUITION/RESIDENT STATUS
– SB 226 (Wilson) & HB 119 (Zapata): Provides exemption from payment of
nonresident tuition at community colleges & state universities for certain
students meeting eligibility criteria; amends provision re general
requirements for eligibility for state financial aid to specify procedures
for determining resident status for purposes of receiving such awards.
Amends 1009.21,.40. [SB 226 was reported favorably by Education; and is now
in Education Appropriations. HB 119 has been found favorable by Colleges &
Universities and Education Appropriations, was combined with 167, 935, 1613,
1655, 1837 & 1853 to create HB 6005.] (S)
IMMIGRANT
CHILDREN/RESIDENCY STATUS – SB 498 (Margolis) & HB 809 (Roberson):
Directs CFS Dept. 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, etc. Creates 39.5075. [SB 498 was passed in the
Senate. HB 809 was found favorable by Future of Florida's Families;
Judiciary; Health Care Appropriations; Health & Families Council, and is now
on the calendar.] (S)
Agriculture - HB
1717 (Stansel): Clarifies value for purpose of assessment for ad valorem
taxes of certain property leased by DOACS; conforms provisions re regulatory
authority over possession, control, care, & maintenance of bison; prohibits
cultivation of nonnative plants for purposes of fuel production or purposes
other than agriculture in plantings greater than specified size, except
under special permit issued by DOACS, etc. [HB 1717 was found favorable with
a CS by Agriculture & Environment Appropriations, and State Resources
Council, was read twice, and ordered engrossed.] (M)
Excise Tax on Documents/Proceeds - HB 1889 (Fiscal Council) & SB 1110
(Atwater): 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 to be sufficient for certain purposes; provides
limitation, etc. [HB 1889 passed in the House and is on the calendar in the
Senate. SB 1110 has been read twice and is on the calendar.] (M)
Affordable Housing/Elderly
- SB 724 (Margolis): Increases cap on certain loan amounts available
to sponsors of housing for elderly [SB 724 was passed in both Chambers and
has been enrolled by the Senate] (M)
FlORIDA Faith-based Advisory Board
- HB 1373 (Cannon) & SB 2256 (Wise): Provides legislative findings &
intent; creates Florida Faith-based & Community-based Advisory Board within
Executive Office of Governor for certain purposes; provides for board
membership & terms of members; provides for successor appointments;
specifies required activities of board; specifies restricted activities;
requires report to Governor & Legislature; provides for future repeal &
abolition of board, etc. [HB 1373 was passed by the House and is in messages
to the Senate. SB 2256 was found favorable with a Committee Substitute by
Governmental Oversight and Productivity and is in Ways and Means.] (S)
CLASS SIZE AND SCHOOL CHOICE – SB 2480 (Lynn) & HB
6007(Education Council):
Proposed legislation in
these bills is associated with class size to be reconsidered by voters of
Florida. It also establishes
Reading Compact Scholarship Program to provide students with reading
deficiencies option to attend public or private school of choice; provides
eligibility requirements for receipt of Reading Compact Scholarship to
attend private school & restricts eligibility therefore; creates provision
re rights & obligations of private schools participating in state school
choice scholarship programs, etc. Although the Florida Catholic Conference
has expressed concerns about the Reading Compact Scholarship program it
neither supports nor opposes it at this time. Creates 1002.385,.421; amends
1002.20. [SB
2480 passed out of all referenced committees.
HB 6007 was read a
second time and temporarily postponed.] (M)
SCHOLARSHIP ACCOUNTABILITY PROGRAMS – SB 2 (King, Jr) & HB
1163 (Pickens): 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, etc.
These bills provide provisions for academic and scholarship accountability.
The Florida Catholic Conference supports the language for testing and
accreditation in the bills, however, neither supports nor opposes random
yearly onsite visits. Furthermore, the Florida Catholic Conference opposes
Level 2 National background screening and enrolling students on a
religiously neutral basis. [SB 2 was found favorable by all committees,
read a second time
and amendment was adopted. HB 1163 was found favorable by all
referenced committees, read a second time by the House and ordered engrossed.]
(M)
CHILDREN’S SUMMER NUTRITION / MS. WILLIE ANN GLENN ACT – HB 227
(Greenstein) & SB 752 (Wise): 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, etc. [HB
227 was found favorable by all referenced committees, read a third time by
the House and was passed unanimously.
SB 752 was found favorable by all referenced
committees, read a third time and was temporarily postponed.] (S)
DISCOUNTED
COMPUTERS/STUDENTS - HB 6005 (Education Council) & SB 1724 (Wilson):
Creates program
to offer discounted computers & Internet access to public school students in
grades 5 through 12; requires DOE to negotiate terms with computer
manufacturers & 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, etc. The Florida Catholic
Conference is advocating for Title I eligible students in nonpublic schools
to receive computer discounts. [HB 6005 was read a second time with
amendments being withdrawn and adopted. SB 1724 has been found
favorable by Education and is now in Education Appropriations.] (S)
SCHOOL STUDENTS/PSYCHOTROPIC MED – SB 1766 (Crist) & 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. Creates 1006.0625. The Florida Catholic
Conference is recommending that legislative language is not needed due to
the parallels between this current bill language and federal law; however,
having materials available for parents in the form of a hotline, website or
handbook would be very essential. [SB 1766 was found favorable by all
referenced committees and read a second time by the Senate. HB 209 was
found favorable by all referenced committees, amendments were adopted and
the bill was ordered engrossed.] (M)
REGIONAL
AUTISM CENTERS - HB 885 (Goldstein) & SB 1716 (Klein):
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.
Amends 1004.55. [HB 885 was found favorable by all referenced committees,
an amendment was adopted by the House, and the bill was ordered engrossed.
SB 1716 was found favorable by Education, Children and Families and is now
on second reading.] (S)
FLORIDA VIRTUAL SCHOOL – HB 533 (Troutman) & SB 2190 (Wise):
Provides for
application of provisions re Florida Virtual School to approved school
district franchises of school. Amends 11.45, 1000.04, 1001.42,
1002.20,.23,.37, 1003.02,.03,.52, 1007.27, 1011.61. [HB 533 was found
favorable by Choice & Innovation, Education Appropriations, Education
Council and placed on the calendar. SB 2190 was found favorable by
Education and is now in Education Appropriations.] (M)
STUDENT ATHLETES/DRUG TESTING – HB 257 (Llorente) & SB 2262 (Haridopolis):
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. Amends 1006.20. [HB 257
was found favorable by all committees, read a second and third time, passed
unanimously and is now in Senate messages. SB 2262 was found favorable
by Education and Health Care and is now in Judiciary.] (M)
FOR HIRE
BUS DRIVERS – HB 535 (Arza) SB 2478 (Lynn):
Provides requirements for
private school bus drivers, including specified qualifications, drug &
alcohol testing, background screening, & certain registration or licensure.
Amends 1002.42. [HB 535 was found favorable by Transportation, Education
Appropriations, State Infrastructure Council and is now on the calendar. SB
2478 was found favorable by Education and is now in Transportation.] (M)
CHILD PROTECTIVE INVESTIGATIONS – SB 758 (Wise) & HB 407 (Glorioso):
Provides staff of children's advocacy
center with access to records of child abuse & 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, etc. Amends 39.202,.301,.302. [SB
758 was found favorable by all committees, read a second and third time and
passed unanimously. HB 407 was found favorable by Future of Florida’s
Families, Health Care Appropriations, Health & Families Council and has been
placed on the calendar.] (S)
EARLY LEARNING – 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, etc. Amends Chs. 402, 411, 409.178. APPROPRIATION:
$150,000. [SB 1756 was found favorable by all committees and is now on
second reading.] (S)
Medicaid Reform - HB 6003 (Health
& Families Council, et al); 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 is considering pilot programs in Northwest
Florida and Brevard County, which would shift the remaining program
participants not already enrolled in managed care into such health plans in
an effort to curb program costs. [HB 6003 was read twice and ordered
engrossed; SB 838 was found favorable by Health Care and Ways and Means, and
is now on the second reading] (M)
Florida KidCare Program
– SB 1324 (Rich) & HB 569 (Garcia): Provides for year-round
enrollment in Florida’s KidCare programs, moving away from more limited,
periodic enrollment periods. Enrollment in the programs has dropped by
approximately 100,000 children since the current process was established.
[SB 1324 was substituted for HB 569; HB 569 was passed in the House and
Senate and has been sent to the Governor for his signature] (S)
hospices – sb 1622 (Atwater)
& HB 1633 (Jennings, Jr.): Provides for licensure of hospices
that meet specified conditions; requires report to Legislature by AHCA.
Removes requirement that hospice organizations entering Florida be
non-profits, and provides for a study of the impact of for-profit hospitals.
[SB 1622 is on the second reading; HB 1633 is now on the calendar] (O)
Health Insurance - SB
1660 (Fasano): Changes due date for report from AHCA re State Center for
Health Statistics; provides additional criterion for Insurance Regulation
Office to disapprove or withdraw approval of health flex plans; authorizes
insurers & HMOs to offer policies or contracts providing for high-deductible
plan meeting federal requirements & in conjunction with health savings
account, etc. [SB 1660 was placed on the calendar and is on the second
reading.] (M)
Health Insurance Study Group
- HB 1337 (Homan): Creates high deductible health insurance plan
study group and requires group to meet & submit recommendations to Governor
& Legislature. [HB 1337 was found favorable with a CS by Insurance, and is
now in Health Care Regulation] (S)
School Health Services Program
- SB 1248 (Wilson): This legislation would
establish school health clinics for public school students without parental
involvement to receive reproductive health services, including health
education, pelvic examinations, diagnosis and treatment of sexually
transmitted diseases, and contraceptive prescriptions. [SB 1248 was
found favorable by Health Care and is now in Education.] (O)
Medicaid Eligibility -
HB 543 (Brown):
Tightens asset transfer
limitations for determination of eligibility for nursing facility services
under Medicaid program; authorizes DCFS to adopt rules [HB 543 was found
favorable with a CS by Elder & Long-Term Care; Health Care Appropriations;
and Health & Families Council, and is now on the calendar]
(S)
CANCER RESEARCH AND
TREATMENT – HB 1233 (Hasner), HB 1235 (Hasner), SB 2378 (Fasano) & CS/SB
1872 (Saunders): The "Florida Cancer Research & Treatment Act" provides
for deposit of portion of said funds into Cancer Research & Treatment Trust
Fund for certain uses by Florida Cancer Council, etc. [HB 1233 and HB 1235
were approved by Health Care General and are now in Economic Development. SB
2378 was combined with SB 1872 to create CS/SB 1872 and was passed by the
Senate.] (M)
HOSPITALS/HURRICANE
DAMAGE – SB 662 (Clary) & HB 1125 (Bogdanoff): Creates commission to
study effect of 2004 hurricane season on certain hospitals. It provides for
membership, reimbursement, & duties of study commission to be staffed by
Community Affairs Dept. The commission will issue a report &
recommendations to Governor & Legislature. [SB 662 was passed in the Senate
and is in messages to the house. HB 1125 is on the calendar.] (M)
Indigent Care Surtax
– SB 470 (Argenziano) & HB 55 (Kendrick):
Authorizes small counties having specified population to levy an
indigent health care surtax subject to referendum approval. [SB 470 was
adopted by the Senate and HB 55 is on the calendar.] (S)
Florida Catholic Conference
201 W. Park
Avenue
* Tallahassee, FL * 32301-7715
Phone (850) 222-3803 * Fax (850) 681-9548
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