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2006 Legislative Report (3)
April 7, 2006

The 2006 Florida Legislature will be in regular session through May 5, 2006.  With four weeks remaining, this report contains a summary of the major bills the Conference is following.  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.


Life and Death        Social Concerns        Education        Health       

CLICK ON THE LINKS ABOVE TO ACCESS YOUR AREA(S) OF INTEREST


Life and Death

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; furthers developing legislation enacted in the last few years. [HB 439 was reported favorably with committee substitute by Health Care Regulation, Governmental Operations, Health Care Appropriations, and Health & Families Council; placed on House calendar. SB 746 was passed by the Senate with amendments.]

Death Penalty/Unanimity of Jury - HB 1627 (Kyle): Declares House of Representatives' view of what public policy of this state re unanimity of jury recommendations in death penalty cases should be. [HB 1627 was reported favorably by Criminal Justice; on agenda for Justice Council.]

Research

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.  Florida Catholic Conference supports this research. [HB 751 was referred to Colleges & Universities; Health Care General; Education Appropriations; Education Council.  SB 1352 was referred to Health Care; Education; Education Appropriations; Ways and Means.] 

Biomedical Research – HB 1027 (Hasner) & SB 1826  (Saunders): Revises method for appointing members to groups that direct state biomedical research funding and establishes William G. "Bill" Bankhead, Jr., and David Coley Cancer Research Program within DOH.  Along with the budget, this bill has been the vehicle proponents of embryonic stem cell experimentation have sought to use to push Florida into the field.  All attempts to amend both bills and the budget in this way have thus far failed.  [HB 1027 was reported favorably with committee substitute by Health Care General; Health Care Appropriations; Health & Families Council.  SB 1826 was reported favorably with committee substitute by Health Care; Education; Government Efficiency Appropriations; now in Health and Human Services Appropriations.]

SOCIAL CONCERNS

Adoption

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 and convincing evidence.  [HB 123 was referred to Future of Florida's Families; Civil Justice; Judiciary Appropriations; Health & Families Council. SB 172 was temporarily postponed by Children and Families; also referred to 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 – HB 61 (Quinones) & 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 and another law or rule does not require that evidence be retained; provides for retroactive application.  [HB 61 was reported favorably with committee substitute by State Administration Council; placed on House calendar. SB 186 was reported favorably by Criminal Justice and Judiciary; Now in 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, and removes inoperative provisions re term limits for members of Congress and 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 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 prescribed stickers on their vehicles; requires certain sign to be displayed in such vehicles.  [HB 255 was reported favorably with committee substitute by State Resources Council; placed on House calendar. SB 258 passed with amendments in the Senate; now in messages to House.]

Postsecondary Tuition/Resident – HB 119 (Zapata) & 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.  [HB 119 was reported favorably with committee substitute; now in Education Appropriations; also referred to Education Council.  SB 366 was reported favorably with committee substitute; also referred to Domestic Security.]

Affordable Housing 

Affordable Housing – HB 1363 (Davis) & SB 132 (Bennett): Provides for disposition of county property, municipal property, and state lands for said housing; authorizes independent special fire control dist. to provide housing or housing assistance for its employed personnel; creates Manny Diaz Affordable Housing Property Tax Relief Initiative; increases population criteria for State Apartment Incentive Loan Program; authorizes Fla. Housing Finance Corp. to adopt certain rules. [HB 1363 is now in Fiscal Council; bill will be discussed during the Office of the EDR's Revenue Impact Conference. SB 132 was reported favorably with CS by Community Affairs; Now in Governmental Oversight and Productivity.] 

Affordable Housing for 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, Elder & Long-Term Care; now in Transportation & Economic Development Appropriations; also referred to State Infrastructure Council.  SB 1032 passed the Senate and is now in Messages to House.]

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 – HB 1211 (Fields) & 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. [HB 1211 was reported favorably with committee substitute by Economic Development, Trade & Banking, and Transportation & Economic Development Appropriations; now in Commerce Council.  SB 786 was reported favorably with committee substitute by Commerce and Consumer Services, and Judiciary; now in Transportation and Economic Development Appropriations.]

Environment

FL Energy Commission - SB 888 (Constantine): General Energy; creates Fla. Energy Commission, which is located within Legislative Services Office for administrative purposes; creates "Fla. Renewable Energy Technologies & Energy Efficiency Act"; creates Solar Energy System Rebate Program; authorizes DOR to share certain information with DEP for specified purposes; authorizes PSC to adopt certain construction standards & make certain determinations. [SB 888 was withdrawn from Transportation and Economic Development Appropriations; also referred to Ways and Means; Was reported favorably with committee substitute by Environmental Preservation.] 

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 reported favorably with committee substitute by Government Efficiency Appropriations; Now in 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 reported favorably with committee substitute by Future of Florida's Families; now in Criminal Justice Appropriations. SB 250 was reported favorably by Criminal Justice; reported favorably with committee substitute by Judiciary and Justice Appropriations; Placed on Senate calendar, on second reading.]

Domestic Partner Benefits Prohibition - HB 581 (Cretul) & SB 1796 (Baker): Prohibits funding for benefits granted under program from being used to provide benefits for any individuals other than enrollees and spouses and dependent children of enrollees; prohibits community college and 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 was reported favorably by Governmental Operations and Fiscal Council; Now in State Administration Council.  SB 1796 was referred to Education; Banking and Insurance; Governmental Oversight and Productivity; Ways and Means.] 

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 and abolition of board.  [HB 599 was reported favorably by Future of Florida's Families and Transportation & Economic Development Appropriations; on agenda for Health & Families Council. SB 1232 was reported favorably with committee substitute by Governmental Oversight and Productivity, and Judiciary; also referred to Ways and Means.]

Title Loan Lenders – HB 1109 (Smith) & SB 1634 (Baker):  Includes title loan lenders within prohibition against counties and municipalities regulating certain entities subject to jurisdiction of Financial Regulation Office of Financial Services Commission; revises maximum interest rates chargeable on title loans; provides alternative requirements for title loans made to certain military personnel; prohibits said lenders from engaging in certain business activities.  [HB 1109 was reported favorably by Economic Development, Trade & Banking; Now in State Administration Appropriations.  SB 1634 was referred to Banking and Insurance; Community Affairs.]

EDUCATION


Student Instruction

Students/Computers & Internet Access – HB 765 (Jennings): Creates program to offer discounted computers and Internet access to public school students and students in home education programs in grades 5 through 12; requires DOE to negotiate terms with computer manufacturers, certain nonprofit corporations, and broadband Internet access providers; requires Digital Divide Council to implement pilot project to assist low-income students with purchasing said computers and Internet access services. The Florida Catholic Conference is working with the bill sponsor to include low-income nonpublic school children.  [HB 765 was reported favorably by Choice & Innovation; now in Education Appropriations; also referred to Education Council.]

Early Learning Advisory Council- HB 1233 (Ausley) & SB 2376 (Rich): Requires study to examine early learning quality incentives and rating systems; requires OPPAGA to study administration and regulation of child care services and, in cooperation with said council, to study effectiveness of Child Care Executive Partnership Act; requires recommendations to governor and legislature. [HB 1233 was reported favorably with committee substitute by PreK-12 and favorably by Finance & Tax; now in Education Appropriations; also referred to Education Council.  SB 2376 was referred to Education; Commerce and Consumer Services; Children and Families; Transportation and Economic Development Appropriations.]

Scholarships/Vouchers

Proposed Constitutional Amendment - HB 1573 (Rubio) & SB 2170 (Judiciary):  Constitutional amendment to provide that every child deserves equal opportunity to receive quality education regardless of his or her family's income, religion, or race and that funding for quality education through classroom instruction is paramount; and to require legislature to ensure that funding provided for public schools shall primarily be used for classroom instruction rather than administrative expenditures.  [HB 1573 was reported favorably with committee substitute by Choice & Innovation; now in Education Appropriations; also referred to Education Council.  SB 2170 was reported favorably with committee substitute by Education; now in Education Appropriations.]

Scholarship Accountability - HB 7041 (Baxley) & SB 256 (King, Jr.): This legislation requires private schools that participate in school choice programs to comply with various reporting provisions and compliance checks, including level 2 federal criminal background checks for teachers and teacher assistants who instruct scholarship students.  HB 7041 contains a provision for opportunity scholarships students who qualify for free and/or reduced lunch under the National School Lunch Act to be eligible for a corporate tax scholarship.  SB 256, which does not contain the opportunity scholarship language, requires the state to conduct random site visits at participating private schools to verify physical location at the schools.  It is expected that the House and Senate bills will be revised to conform with one another in the weeks ahead. [HB 7041 received favorable passage from the House and has been sent to the Senate for consideration.  SB 256 was reported favorably with committee substitute by Judiciary.]

School Health

Steroid Testing - SB 1928 (Peaden, Jr.): requires Fla. High School Athletic Association to facilitate 3-year drug testing program to randomly test for anabolic steroids in students in grades 9 through 12 who participate in interscholastic athletics in its member schools; provides that finding of drug test shall be separate from student's educational records; provides penalties for students selected for testing who fail to provide specimen, etc. [SB 1928 was referred to Education; Health Care; Judiciary; Education Appropriations; Ways and Means.]

Post Secondary

Independent Collegiate Assistance - SB 1016 (Wise) & HB 387 (Patterson): Provides legislative intent; creates Florida Independent Collegiate Assistance Grant Program to provide grants to certain students who attend nonpublic institutions of higher education and are enrolled in programs leading to specified occupations; requires DOE to administer program; provides requirements for criteria and priorities for funding.  [SB 1016 was reported favorably with committee substitute by Education; now in Education Appropriations.  HB 387 was reported favorably with CS by Community Colleges & Workforce; now in Education Appropriations; also referred to Education Council.]

Florida Prepaid College Program - SB 550 (Baker) & HB 263 (Mealor): Deletes restriction on types of postsecondary educational institutions in which qualified beneficiary may use his or her benefits under said program; expands Florida Prepaid Tuition Scholarship Program to provide scholarships to students with disabilities and students approved by Florida Prepaid College Board and said foundation board. [SB 550 was reported favorably with committee substitute by Education; now in Education Appropriations. HB 263 was reported favorably by Education Appropriations; now on agenda for Education Council.]

Financial Assistance for Students - SB 504 (Wise) & HB 1565 (Clarke): 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; also referred to Ways and Means.  HB 1565 was referred to Community Colleges & Workforce; Education Appropriations; Governmental Operations; Fiscal Council; State Administration Council; Education Council.]

Other

Student Athlete Recruiting - HB 7119 (Arza): Requires Florida High School Athletic Association to hold certain bylaws in abeyance; provides for creation of task force to review student athlete recruiting issues; provides for task force membership and duties; requires recommendations to governor and legislature; requires OPPAGA to conduct review of recruiting violations by Florida High School Athletic Association member schools. [HB 7119 was reported favorably with committee substitute by Education Appropriations; on agenda for  Education Council.]

Youth/Young Adults with Disabilities - SB 1278 (Wise): Creates Interagency Services Committee for Youth and Young Adults with Disabilities; provides that committee be staffed by member agencies of committee and provides for membership; provides duties and responsibilities for committee; requires committee to submit report to governor and legislature.  [SB 1278 was passed with amendments by Senate; in House messages.]

Swimming Instructors/Certification - HB 1319 (Goldstein) & SB 2426 (Argenziano): Requires additional certification of swimming instructors for people who have developmental disabilities; provides remedy for certification violations. [HB 1319 was reported favorably with committee substitute by Health Care Regulation and Business Regulation; also referred to Health Care Appropriations; Health & Families Council.  SB 2426 was referred to Health Care; Community Affairs.]

HEALTH

Access to Care

Florida KidCare Program – HB 241 (Vana) & SB 972 (Rich):  Allows additional otherwise ineligible families to participate in MediKids if willing to pay the full premium cost for their children ages 1-5.  [HB 241 was reported favorably with committee substitute by Health Care General and favorably by Health Care Appropriations; is now in Fiscal Council; also referred to Health & Families Council.  SB 972 was reported favorably by Health Care; now in Health and Human Services Appropriations; also referred to Ways and Means.] 

Florida Healthy Kids Corporation Act - HB 1365 (Davis (M)) & SB 2050 (Peaden, Jr.): Reinstates coverage for immigrant children; Removes limitation on eligibility for state-funded assistance in paying Florida Healthy Kids premiums; revises date by which corporation must provide certain notification of local match amount to be remitted for following year; revises basis for calculation of county's local match contribution; conforms cross-reference.  [HB 1365 was reported favorably with committee substitute by Future of Florida's Families; now in Health Care Appropriations; also referred to Health & Families Council.  SB 2050 was reported favorably with amendment by Banking and Insurance and favorably with committee substitute by Health Care; now in Health and Human Services Appropriations; also referred to Ways and Means.]

 Freedom to Serve

Prevention First Act – HB 1073 (Roberson) The Florida Catholic Conference has worked with the sponsor to improve this bill, which would direct the Department of Health to put family planning information on the web, school boards to develop family planning curricula and healthcare providers in treating sexual assault victims.  [HB 1073 will be workshopped (no votes to be taken) on April 10 in Health Care General; also referred to PreK-12; Health Care Appropriations; Education Appropriations; Health & Families Council.]

School Health Services Program - SB 1722 (Wilson): The Florida Catholic Conference has discussed with the bill’s sponsor concerns about this bill, which defines the term "school-based health center" for purposes of the School Health Services Act.  [SB 1722 was referred to Health Care; Education; Judiciary; Education Appropriations.]

Long Term Care

Hospices – HB 1417 (Sansom) & SB 1548 (Atwater):  Removes requirement that Florida hospices be non-profit organizations and requires hospice ads and materials to indicate the year they came to Florida.  In addition, new hospices must have plans to serve rural areas within their districts and use volunteers (as a show of community support).  Under current version OPPAGA will report by 2010 on for-profit hospice influence on end-of-life care and certificate-of-need moratorium will extend until 2012.  [HB 1417 was reported favorably with committee substitute by Elder & Long-Term Care; is now in Health Care Appropriations; also referred to Health & Families Council.  SB 1548 was reported favorably with committee substitute by Health Care; now in Health and Human Services Appropriations.]

 

 

 

 

 

Text Box: For more information on specific legislation in this report, please contact the appropriate associate as indicated below.

Larry D. Keough, Associate for Education - rights of Catholic school children, scholarships/voucher programs, teacher certification, testing, post-secondary scholarship programs, lkeough@flacathconf.org
Michael B. Sheedy, Associate for Health - health care accessibility issues, embryonic stem cell issues, cloning, euthanasia and end-of-life care, state health planning and regulation, and general health care, msheedy@flacathconf.org
Sheila S. Hopkins, Associate for Respect Life and Social Concerns - adoption, immigration, domestic violence, affordable housing, homeless, elderly, environment, disabled, farmworkers, abortion and death penalty, shopkins@flacathconf.org
D. Michael McCarron, Executive Director - church and state issues, tax exemption, miscellaneous, mccarron@flacathconf.org



 


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