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2006 Legislative
Report (1)
February 1, 2006
  The
2006 Florida Legislature will be in regular session from March 7 – May 5,
2006. This report contains a summary of the major bills the Conference is
following. Subsequent Legislative Reports will contain new bills
filed and legislative action on these proposals.
Additional information on legislation and the Conference's public policy
advocacy may be accessed
from the
2006 Legislative Page.
For additional information and the complete bill 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
Certificate of
Birth/Stillbirth – HB 439 (Planas) & SB 746 (Wise): Makes “Certificates
of Birth Resulting in Stillbirth” available to parents whose children reach
20 weeks of gestation; further developing legislation enacted in the last
few years. [HB 139 was referred to Health Care Regulation; Governmental
Operations; Health Care Appropriations; Health & Families Council. SB 746
was referred to Health Care; Judiciary; Health and Human Services
Appropriations.]
Unanimous Jury Recommendation – SB 1130 (Villalobos):
Capital felonies sentencing; requires that advisory sentence of death be
made by unanimous recommendation of jury following defendant's conviction or
adjudication of guilt for capital felony or capital drug trafficking felony;
requires that court enter sentence notwithstanding unanimous recommendation
of jury. [SB 1130 was
referred to criminal justice; judiciary.]
Research
Biomedical Research – HB 233 (Sands) & SB 468 (Klein):
Requires use of state funds for biomedical research and establishing a new
structure for administration of funds for stem cell research. Florida
Catholic Conference supports most forms of stem cell research, but opposes
experiments for those that entail destruction of live human embryos. By
funding destructive embryo research, the people of Florida become complicit
in the activity, and the state diverts funds from the only currently
productive forms of stem cell research. The current bill contains a cloning
prohibition, which does not actually prohibit the process of creating a
cloned human embryo. Florida ought to fund adult and umbilical cord stem
cell research, as there is much agreement as to its efficacy and no ethical
objection in principle. [HB 233 was referred to Health Care Regulation;
Criminal Justice; Governmental Operations; Health Care Appropriations;
Health & Families Council. [SB 468 was referred to Health Care; Commerce
and Consumer Services; Criminal Justice; Governmental Oversight and
Productivity; Health and Human Services Appropriations; Justice
Appropriations.]
Stem Cell Research – SB 778 (Geller):
Florida Catholic Conference opposes this
bill in its current form, which provides $10M for experiments which entail
destruction of human subjects at the embryonic stage of development. [SB
778 was referred to Health Care; Governmental Oversight and Productivity;
Health and Human Services Appropriations; Ways and Means.]
Florida Gulf Coast University/Stem Cells -
HB 751 (Kreegel) & SB 1352 (Aronberg): Provides $32M to establish
Florida Gulf Coast University Institute for Stem Cell Biology. The bill
directs that only human adult stem cell, human umbilical cord stem cell and
animal stem cell research will be conducted at the institute. [HB 751 has
been filed. SB 1352 has been filed.]
Homosexual Adoption – HB 123 (McInvale) & SB
172 (Rich): Provides that person
who is homosexual is eligible to be adoptive parent under certain enumerated
circumstances; requires that eligibility criteria be met by clear &
convincing evidence. [HB 123 referred to Future of Florida's Families;
Civil Justice; Judiciary Appropriations; Health & Families Council. SB 172
was referred to Children and Families; Judiciary.]
Adoption – SB 408 (Campbell):
Requires adoption entity to diligently search
for person whose consent is required for adoption; provides that judgment of
adoption is voidable under certain circumstances if court finds that person
whose consent is required gave false information; provides grandparent's
right to notice; provides that court in this state retains jurisdiction
until adoption is finalized in this state or in another state. [SB 408 was
reported favorably with amendments by Children and Families; now in
Judiciary.]
Criminal
Justice
Postsentence DNA Testing – SB 186
(Villalobos): Revises circumstances
under which person who has been sentenced for committing felony may petition
court for postsentence testing of DNA evidence; abolishes certain time
limitations imposed upon such testing; authorizes governmental entity to
dispose of physical evidence if sentence imposed has expired & another law
or rule does not require that evidence be retained; provides for retroactive
application. [SB 186 was reported favorably by Criminal Justice; referred
to Judiciary; Justice Appropriations.]
Felon's Right To Vote/Restoration - SB 1082 (Dawson):
Constitutional amendment to authorize Legislature to provide conditions
under which convicted felon's right to register or vote may be restored by
statute, & removes inoperative provisions re term limits for members of
Congress & U.S. Senators, which provisions have been determined by U.S.
Supreme Court to violate U.S. Constitution. [SB 1082 was referred to Ethics
and Elections; Criminal Justice; Judiciary; Rules and Calendar.]
Farmworkers
Farm Labor Vehicles – HB 255 (Troutman) & SB
258 (Alexander): Farm Labor
Vehicles; repeals provision re transportation of migrant farm workers;
requires owners & 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 prescribed stickers
on their vehicles; requires certain sign to be displayed in such vehicles.
[HB 255 was reported favorably with committee substitute by Agriculture;
referred to Transportation; State Resources Council. SB 258 was reported
favorably by Transportation; Commerce and Consumer Services; Transportation
and Economic Development Appropriations.]
Postsecondary Tuition/Resident – SB 366
(Wilson): Provides exemption from
payment of nonresident tuition at community colleges and state universities
for certain students meeting eligibility criteria; amends provision re
general requirements for eligibility for state financial aid; specifies
procedures for determining resident status for purposes of receiving such
awards. [SB 366 was referred to Education; Domestic Security; Education
Appropriations.]
Affordable Housing
Affordable Housing – HB 401
(Coley) & SB 1048 (Sebesta): Revises definition of "farmworker" under
Fla. Housing Finance Corp. Act; increases population thresholds used in
determining distribution of program funds under State Apartment Incentive
Loan Program; revises income limitation applicable to buyers of certain
units under Fla. Homeownership Assistance Program; revises methods for
calculating sales price of certain housing. [HB 401 was referred to
Transportation & Economic Development Appropriations; Local Government
Council; State Infrastructure Council; Fiscal Council. SB 1048 was referred
to Community Affairs; Transportation and Economic Development
Appropriations.]
Affordable Housing – SB 132;
136 (Bennett): Affordable Housing; expresses legislative intent to
revise laws re affordable housing. [SB 132 & 136 were referred to Community
Affairs; Governmental Oversight and Productivity; Transportation and
Economic Development Appropriations; Ways and Means; Rules and Calendar.]
Affordable Housing
Elderly – HB 451 (Machek) & SB 1032
(Margolis): Decreases match for certain loan amounts required by
sponsors of housing for elderly. [HB 451 was reported favorably by Local
Government Council; referred to Elder & Long-Term Care; Transportation &
Economic Development Appropriations; State Infrastructure Council. SB 1032
was referred to Community Affairs; Transportation and Economic Development
Appropriations.]
Minimum Wage
Florida Minimum Wage Act – HB
7001 (Judiciary, Simmons): Provides periods of limitations on actions
for violations of Florida Minimum Wage Act; creates said act; requires
employers to pay certain employees minimum wage for all hours worked in
Fla.; requires minimum wage to be adjusted annually; requires Agency for
Workforce Innovation and Department of Revenue to annually publish amount of
adjusted minimum wage; authorizes Attorney General to bring civil action and
seek injunctive relief. [HB 7001 was referred to Justice Council.]
State Minimum Wage/Notification – SB 786
(Hill):
Provides definitions; requires employer to display posters at worksites to
provide employees notice about said wage; requires Agency for Workforce
Innovation to make available updated poster each year; provides for size and
contents of posters. [SB 786 was referred to Commerce and Consumer
Services; Judiciary; Transportation and Economic Development
Appropriations.]
Environment
Brownfields/Redevelopment – SB 1092
(Constantine): Increases amount and
percentage of credit which may be applied against intangible personal
property tax and corporate income tax for cost of voluntary cleanup of
contaminated site; increases amount that may be received by taxpayer as
incentive to complete cleanup in final year; increases total amount of
credits that may be granted in any year; requires Enterprise Florida, Inc.,
to aggressively market brownfields. [SB 1092 was referred to Environmental
Preservation; Commerce and Consumer Services; Government Efficiency
Appropriations; General Government Appropriations.]
Other
Human Trafficking – HB 469 (Gannon) &
SB 250 (Margolis): Redefines term "forced labor or services" to
include labor coerced from person when person's identification documents are
destroyed, concealed, or withheld by another; directs Fla. Court Educational
Council to establish standards for instructing circuit and county court
judges on matters re victims of said trafficking; redefines term
"racketeering activity" to include offense of human trafficking for purposes
of Fla. RICO Act. [HB 469 was referred to Criminal Justice; Future of
Florida’s Families; Criminal Justice Appropriations; Justice Council. SB
250 was reported favorably by Criminal Justice; referred to Judiciary;
Justice Appropriations.]
Domestic Partner Benefits Prohibition - HB 581
(Cretul): Prohibits funding for
benefits granted under program from being used to provide benefits for any
individuals other than enrollees & spouses & dependent children of
enrollees; prohibits community college & university boards of trustees from
establishing benefits programs that use state funding to provide benefits
for any individuals other than enrollees and spouses and dependent children
of enrollees. [HB 581 has been referred to Governmental Operations; Fiscal
Council; State Administration Council.]
Florida Faith-based Advisory Board - HB 599
(Cannon) & SB 1232 (Wise): Provides
legislative findings and intent; creates Fla. Faith-based and
Community-based Advisory Board within Executive Office of Governor for
certain purposes; provides for board membership and terms of members;
provides for successor appointments; specifies required activities of board;
specifies restricted activities; requires report to Governor and
Legislature; provides for future repeal & abolition of board. [HB 599 has
been filed. SB 1232 was referred to Governmental Oversight and
Productivity; Judiciary; Ways and Means; on Governmental Oversight and
Productivity Committee agenda.]
Child Care/Personnel Screening – SB 1258
(Hill): Provides that employment
screening for good moral character is valid for 1 year; requires child care
personnel to be rescreened using level 2 standards for screening; requires
said personnel to be rescreened if person has break in his or her employment
in child care industry for more than 90 days. [SB 1256 was
referred to Banking and
Insurance.]
Student Instruction
Schools/Abstinence-only Instruction – HB 625
(Gottlieb): Provides
parental right to know re abstinence-only instruction; requires certain
school principals to mail notice to parents re provision of abstinence-only
instruction & right to review abstinence-only curriculum; authorizes excuse
from such instruction under certain conditions; provides process for
parental comment on curriculum; provides for filing of complaints & appeals,
etc. [HB 625 was referred to PreK-12; Health Care General; Education
Appropriations; Education Council.]
Elementary Schools/Spanish Language – SB 522
(Miller, Jr.): Requires
implementation of districtwide programs of Spanish instruction for grades
K-2; provides requirements for programs; allows use of certain funding
sources. [SB 522 was referred to Education; Education Appropriations; Ways
and Means.]
Testing
Private Schools/FCAT/Diploma – SB 334 (Siplin):
Provides that earning passing scores on Fla. Comprehensive Assessment Test (FCAT)
or, in specified circumstances, on equivalent standardized test is
prerequisite to receiving high school diploma from private school in this
state. [SB 334 was referred to Education; Judiciary.]
Scholarships/Vouchers
McKay Scholarships/Disabilities - HB 75
(Bilirakis) &
SB 1152 (Haridopolos):
Revises definition of term "students with disabilities"; revises student
eligibility requirements for receipt of scholarship; revises provisions re
scholarship funding and payment; provides funding and payment requirements
for former Florida School for Deaf and Blind students & for students exiting
Juvenile Justice Dept. program. [HB 75 was referred to Choice & Innovation;
Education Appropriations; Education Council. SB 1152 was referred to
Education; Judiciary; Education Appropriations.]
Scholarship Programs
- SB 256 (King, Jr.): Amends
provisions re John M. McKay Scholarships for Students with Disabilities
Program; revises eligibility requirements of program; prohibits transfer of
funds to Fla. School for Deaf & Blind under certain circumstances;
authorizes certain scholarship students to participate in distance learning
or correspondence course or private tutoring program under certain
circumstances. [SB
256 was reported favorably with amendments by Education; now in Judiciary;
also referred to Government Efficiency Appropriations; Education
Appropriations; Ways and Means.]
School Health
Immunizations – HB 127 (Hays) &
SB 1160 (Haridopolos) -
Requires certain assisted living facilities to
offer immunizations against influenza viruses and pneumococcal bacteria to
residents age 65 or older; requires DOH or its designee to notify assisted
living facilities by specified date of facilities' responsibilities;
requires each district school board and governing authority of each private
school to provide information concerning meningococcal disease and its
vaccine to parents. [HB 127 was reported favorably with committee
substitute from the Elder & Long-Term Care Committee; referred to PreK-12;
Health Care Appropriations; Health & Families Council. SB 1160 has been
referred to Health Care; Education; Health and Human Services
Appropriations.]
Administration of Medication - HB 181 (Hays):
Authorizes certain staff members to administer prescription medications
under supervision of registered nurse to persons with developmental
disabilities at comprehensive transitional education program; directs Agency
for Persons with Disabilities to adopt rules to implement specified
provision. [HB 181 was referred to Health Care Regulation; Elder &
Long-Term Care; Health & Families Council.]
One School, One Nurse Act – SB 368 (Wilson):
Specifies that certain persons be
considered agents of state for purposes of sovereign immunity when rendering
school health services; creates specified provision re public-private
partnerships for provision of school nurse services; provides for scope of
services to be provided; provides legislative intent re funding of act,
etc. [SB 368 was referred to Health Care; Education; Judiciary; Health and
Human Services Appropriations.]
Post Secondary
Financial Assistance for Post Secondary – SB
504 (Wise): Creates Florida
Reimbursement Grant Program to Provide Postsecondary Psycho-Academic Testing
to Students with Disabilities; provides for rulemaking by State Board of
Education; requires student who applies for such grant to apply for Pell
Grant; requires that amount of such grants be specified in General
Appropriations Act; provides that act be implemented only to extent that it
is funded and authorized. [SB 504 was reported favorably with amendment by
Education; now in Education Appropriations.]
Florida Prepaid College Program - SB 550
(Baker): Provides for transfer of
benefits to private colleges or universities located and chartered in
Florida and accredited by the Southern Association of Colleges and Schools
or the Accrediting Council for Independent Colleges and Schools. [SB
550 was referred to Education; Education Appropriations.]
Other
School Year/Opening Date – HB 177 (Gelber) &
SB 306 (Margolis): Amends specified
provision re powers and duties of district school boards; provides
requirement re opening date of school year; includes opening date
requirement for participation in Fla. Education Finance Program; provides
applicability beginning with 2007-2008 school year unless decision is made
to apply beginning with 2006-2007 school year. [HB 177 was referred to
PreK-12; Education Appropriations; Education Council; favorable with CS by
PreK-12; now in Education Appropriations. SB 306 was referred to Education;
Education Appropriations.]
Schools/Release of Children – SB 418 (Hill):
Requires school boards to adopt policies re release of children; provides
definition; requires that copies of policies be provided to DOE; requires
nonpublic schools, private schools, and certain child care facilities to
adopt policies re release of children; requires that copies of such policies
be available on premises of schools or child care facilities; defines term
"picture identification". [SB 418 was reported favorably with amendment by
Children and Families; now in Education.]
HEALTH
Children’s Health Insurance
Florida KidCare Program – SB 972 (Rich): Expands eligibility for
MediKids program. [SB 972 was referred to Health Care; Health and Human
Services Appropriations; Ways and Means.]
Florida KidCare Program –
HB 241 (Vana): Allows otherwise ineligible families to apply to and
participate in Florida KidCare if willing to pay the full premium cost. [HB
241 was referred to Health Care General; Health Care Appropriations; Fiscal
Council; Health & Families Council.]
Universal Health Care for
Children – SB 310 (Siplin): Ensures that all children – regardless of
parents’ income – have access to high quality health care, especially those
with special health care needs. [SB 310 was referred to Health Care;
Banking and Insurance; Health and Human Services Appropriations; Ways and
Means.]
Public Medical Assistance
Trust Fund – HB 503 (Bean): Phases out the Public Medical Assistance
Trust Fund over two years. [HB 503 has been referred to Health Care
Appropriations; Fiscal Council.]
Acute
Care
Hospital Regulations - SB 672 (Bullard (L)): Requires hospitals to
provide information and emergency contraception when requested by sexual
assault survivors. Florida Catholic Conference supports protocols to
prevent conception in such circumstances. We also oppose any requirements
that individuals and institutions participate in treatments that harm those
already conceived. [SB 672 was referred to Health Care; Criminal Justice;
Health and Human Services Appropriations.]
Public Medical Assistance
Trust Fund – SB 652 (Fasano): Provides certain specified time periods
for imposing annual assessment on hospitals in amount equal to certain
percentage of annual net operating revenue for outpatient services; provides
certain specified time periods for imposing annual assessment on health care
entities equal to certain percentage of annual net operating revenue. [SB
652 was referred to Health Care; Government Efficiency Appropriations;
Health and Human Services Appropriations; Ways and Means.]
Long Term Care
Nursing Home Consumer Information – SB 1284 (Fasano):
Nursing Home Consumer Information; authorizes AHCA to provide electronic
access to inspection reports from nursing homes in lieu of sending copies of
reports; requires AHCA to provide certain information to consumers;
decreases number of months for which reported information must be provided
to consumers; requires AHCA to publish Nursing Home Guide Watch List in
Nursing Home Guide; requires that watch list include certain days when
facility had conditional license. [SB 1284 has been filed.]
Relating to Hospices – SB
1548 (Atwater): Removes requirement that Florida hospices be
non-profits. [SB 1548 has been filed.]
Sexual Battery
on a Minor – SB 650 (Campbell): 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. [SB 650 was referred to Criminal Justice;
Judiciary; Health Care.]
Florida Catholic Conference
201 W. Park
Avenue
* Tallahassee, FL * 32301-7715
Phone (850) 222-3803 * Fax (850) 681-9548
www.flacathconf.org |
