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2008 Legislative Report
Post-Session - May
8, 2008
Florida Legislative Session
March 4 – May
2, 2008
This
report identifies priority bills followed by the Florida Catholic
Conference. Additional
information on the Conference's public policy advocacy can be found on
our website, www.flacathconf.org.
For complete text of any bill listed on this report, please visit the
websites of
The Florida Senate or
The Florida House of Representatives. |
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LIFE AND DEATH
SOCIAL CONCERNS
HEALTH
EDUCATION
CONTACTS
CLICK ON THE TOPICS ABOVE TO ACCESS YOUR AREA(S) OF INTEREST
Passed in senate and house chambers - green
Failed, died or laid on table in senate or house - blue
Action taken by governor - purple
LIFE AND DEATH
|
Issue |
Bill(s) and
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
|
ABORTION |
|
Ultrasound |
SB 2400 Webster
CS/HB 257 Traviesa
(similar bills) |
Requires ultrasound be performed in first trimester
and reviewed with
patient prior to an abortion; requires written certification when patient declines
viewing the ultrasound.
Click here to view how your senator voted
on SB 2400.
An Action Alert was issued on
this proposed legislation,
click here to view an update. |
Support |
SB 2400 -
Failed in Senate (20-20)
HB 257 -
Died on Senate calendar
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INFANT/UNBORN |
|
Offenses Against Unborn Children |
SB 2480 Posey
HB 513 Poppell
|
Designates "Florida Unborn Victims of Violence Act"; replaces the term "viable
fetus" with "unborn child...at
any stage of development". |
Support |
SB 2480 -
Died in Senate Committee on Criminal Justice
HB 513 -
Died in Senate messages
|
|
Infant Abandonment |
CS/SB 1704
Storms
HB 7007
Healthcare Council
(similar bills) |
Extends from 3 days to 7 days the time period after
birth that a mother may anonymously turn her baby over to a
hospital, fire station or emergency medical center; for infants born
in a hospital whose mother expresses intent to abandon, hospital or
registrar shall complete birth certificate without naming mother at
mother's request. |
Support |
SB 1704 -
Senate Laid on Table; Refer
to HB 7007
HB 7007 -
Passed House (116-0);
Passed Senate (40-0);
enrolled |
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BIOMEDICAL RESEARCH |
|
Biomedical Research Funding |
CS/SB 1864 Peaden, Jr. |
Eliminates funding for the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute.
The institute will proceed without state funds. |
Monitor |
Passed Senate (37-2); Passed House
(88-31); enrolled |
|
Biomedical Research Funding |
CS/SB 2618 Jones
CS/HB 7061
Healthcare Council |
Revises structure of entities engaged in state
funding of biomedical research (did not address stem cell research). |
Monitor |
SB 2618 -
Died in
Senate returning messages
HB 7061 - House Laid on Table, Refer
to SB 2618 |
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SOCIAL CONCERNS
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
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AFFORDABLE HOUSING |
|
Affordable Housing |
CS/CS/HB 699 Aubuchon |
Relates to Florida Housing Finance Corporation
operations and revisions to programs operated under their auspices |
Monitor |
Died on House calendar |
|
Affordable Housing |
CS/CS/SB 482
Garcia |
Defines definitions related to rehabilitation and
preservation; amends administration of certain funds in Housing Trust Fund and revises requirements for
distribution of funds. |
Support |
Died in Senate returning
messages |
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CRIMINAL JUSTICE |
|
Exploited Children |
CS/CS/CS/SB 1442
Dockery |
Permits use of a pseudonym to designate the victim of
a crime involving a victim of production, possession, or promotion
of child pornography; prohibits certain computer transmissions and
provides penalties and methods for prosecution and civil remedies
for exploited children. |
Support |
Senate Passed (39-0);
Passed House (115-0);
enrolled |
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Relief for Wrongful Imprisonment
|
CS/SB 12 Aronberg
HB 7037
Policy & Budget Council
|
Provides for relief of Alan Jerome
Crotzer for wrongful imprisonment and as a victim of
miscarriage of justice - $1.25 million in compensation and up to 120
hours of tuition and fee waivers. |
Support |
SB 12 -
Senate Laid on Table,
Refer to HB 7037
HB 7037 - Passed House (116-0);
Passed Senate (33-5);
Signed by the Governor |
|
Wrongful Incarceration Compensation |
CS/CS/CS/SB 756 Joyner
CS/CS/HB 1025 Bogdanoff |
Creates the "Victims of Wrongful Incarceration
Compensation Act"; defines eligibility and provides for
compensation of $50,000 per year for each year of wrongful
incarceration. |
Support |
SB 756 - Passed Senate (37-1);
Passed House (116-0);
enrolled
HB 1025 - House
Laid on Table, Refer to SB 756 |
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IMMIGRATION |
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Undocumented Immigrants |
CS/SB 1086 Bennett |
Requires that the court reclassify a felony or
misdemeanor offense to the next higher degree if the offense is the
second or subsequent offense committed by an illegal or undocumented
alien who has unlawfully reentered the United States after
deportation. Requires that the Department of Corrections compile,
monthly, a list of persons suspected to be illegal or undocumented
aliens who are serving a sentence in a correctional institution in
this state |
Monitor |
Died on Senate calendar |
|
Undocumented Immigrants |
HB 73 Brown HB 159 Adams
HB 571 Kravitz
HB 577 Williams
HB 821 Harrell
HB 1247 Gelber |
On April 8, these bills were workshopped by the House
State Affairs Committee. They contained provisions requiring
cooperation of law enforcement with U.S. immigration and customs
enforcement (ICE). |
Monitor |
Died in House State Affairs
Committee |
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Human Smuggling |
CS/SB 624 Dockery
SB 424 Haridopolos
HB 107 Snyder |
Prohibits transporting into the state an
individual who the person knows is illegally entering the United
States or has illegally entered or remained in the United States;
provides enhanced penalties for specified violations.
|
Monitor |
SB 624 - Died on House
Calendar
SB 424 - Died
in Senate Committee on
Criminal Justice
HB 107 - Died in House Policy &
Budget Council
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PERSONS WITH DISABILITIES (see
Education/Students with Disabilities) |
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Personal Care Attendant Program |
CS/CS/SB 370 Wise
CS/HB 731 Gardiner |
Requires the Florida Endowment Foundation for
Vocational Rehabilitation to enter into an agreement with the
Florida Association of Centers for Independent Living to administer
a program to provide personal care attendants to persons who have
severe and chronic disabilities; names the program the "James
Patrick Memorial Work Incentive Personal Attendant Services Program". |
Support |
SB 370 -
Passed
Senate (39-0);
Passed House (118-0); enrolled
HB 731
- House laid on
table, refer to SB 370 |
Developmentally Disabled/
Guardian Advocates |
CS/CS/SB 688
Crist
CS/HB 739
Ambler |
Authorizes a court to
appoint a guardian advocate for a person with developmental
disabilities based on incapacity; provides
for consideration of any advance directive or a designation of
durable power of attorney in guardian advocacy proceedings. |
Support |
SB 688 -
Senate Laid on
Table, Refer to HB 739
HB 739 -
Passed House (106-0);
Passed Senate (40-0); enrolled |
Transportation Disadvantaged/
Services |
CS/CS/SB 788
Fasano
CS/CS/HB 1175
Robaina |
Revises responsibilities for the Commission for
Transportation Disadvantaged and requires the
commission to incur expenses for the purchase of advertisements,
marketing services, and promotional items; revises and creates
duties and responsibilities for agencies that purchase
transportation services for the transportation disadvantaged. |
Support |
SB 788 - Senate
Laid on Table, Refer to HB
1175
HB 1175 -
Passed Senate
(36-0);
Passed House (118-0);
enrolled |
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Autism Spectrum Disorder |
CS/CS/CS/SB 2654
Geller
HB 1291 Porth |
Authorizes the Agency for Healthcare Administration
to seek federal approval of a state plan for services to children 5
years of age and under diagnosed with a developmental disability
under F.S. 393.063, Autism Spectrum Disorder or Down Syndrome. The "Window of Opportunity Act"
mandates the Office of Insurance Regulation to convene a work group
to negotiate a compact relating to insurance and access to services
for persons with developmental disabilities. The "Steven A. Geller
Autism Coverage Act" requires health insurers, on policies issued or
renewed after April 1, 2009, to provide screening and treatment for
Autism Spectrum Disorders with annual/lifetime benefit limits. |
Support |
SB 2654 - Passed Senate (40-0);
Passed
House (117-0); enrolled
HB 1291 - Died in
House Healthcare Council |
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ENVIRONMENT |
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Biomass Energy Production |
CS/SB 310 Constantine |
Establishes the Farm-to-Fuel Grants Program to
provide matching grants for bioenergy projects. |
Support |
Died in Senate Committee on Communications and Public Utilities
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Energy |
HB 7135
Environment & Natural Resources Council |
Omnibus bill to begin implementation of Governor
Crist's executive orders related to energy and global climate
change. Some of the provisions are:
- Encouraging development of low-carbon-emitting electric power plants
- Giving tax credits for businesses establishing a new solar power
panel manufacturing facility
- Adopting standards for building or renovating state-owned
buildings to meet environmental standards, using sustainable
materials
- Requiring new leasing agreements for state agency office space to
meet Energy Star building standards, if available
- Developing a "Florida Climate-Friendly Preferred Products List"
for state contracts
- Requiring state agencies to use hotel and conference facilities
with "Green Lodging" designation
- Requiring state agencies to use ethanol and biodiesel blended
fuels for agency vehicles to the extent practicable
- Allowing "hybrid vehicles" to use high-occupancy-vehicle lanes
- Prohibiting local governments from banning plastic bags while
Dept. of Environmental Protection analyzes need for new containers,
wrappers or plastic bags for consumers
- Creating Florida Energy and Climate Commission and establishing
duties
- Creating Florida Climate Protection Act to document greenhouse gas
emissions and pursue market-based emissions abatement programs |
Support |
Passed House (108-0);
Passed Senate (40-0); enrolled |
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OTHER |
|
Food Donation by Public Food Service Establishments |
CS/SB 276 Rich
CS/HB 99 Porth |
Cited as the "Jack Davis Florida
Restaurant Lending a Helping Hand Act"; amends provisions regarding
liability for canned or perishable food distributed free of charge
to include foods prepared at public food services
establishments licensed under F.S. Chapter 509. |
Support |
SB 276 -
Passed Senate
(36-0);
Passed House (116-0);
Signed by the
Governor
HB 99 -
House Laid on Table, Refer to SB
276 |
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Sex
Trafficking |
SB 2478 Lynn
CS/SB 1722 Joyner
HB 1151 Hukill
|
Increases penalties for procuring a
minor for prostitution; provides enhanced penalties for forcing,
compelling, or coercing another to become a prostitute; increases
penalties for selling or buying minors into sex trafficking or
prostitution; provides additional penalties for violation by a
business entity. |
Support |
SB 2478 - Senate laid on
Table, Refer to SB 1722
SB 1722 - Died in Senate Committee on Judiciary
HB 1151 - Died in Senate Messages |
|
Unemployment Compensation |
CS/SB 2706 Hill
HB 1057 Soto |
Redefines term "base period" for purposes of
determining eligibility for benefits; provides alternative base
period; provides applicability & calculation; prohibits certain
persons choosing to separate from employment from being disqualified
from regular unemployment compensation; prohibits certain unemployed
individuals from disqualification for eligibility for unemployment
compensation benefits based solely on individual's availability for
only part-time work. |
Support |
SB 2706 -
Died in Senate
Committee on Judiciary
HB 1057 - Died in House
Committee on Economic Development |
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HEALTH
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
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MEDICAID |
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Medicaid Managed Care Programs |
SB 1508 Saunders, B
HB 1411 Grimsley |
Directs that hospitals receive
appropriate reimbursement for care provided to Medicaid
beneficiaries in cases that are currently a source of dispute.
|
Support |
SB 1508 -
Died in Senate Committee on Health and Human Services Appropriations
HB 1411 - Died in House Healthcare Council |
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Cigarette User Fees |
CS/SB 2790 Deutch |
Increases state fees on packs of cigarettes to raise
funds for state health care programs and deter future smoking and
associated long-tem health risks. |
Monitor |
Died in Senate
Committee on Higher
Education |
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LONG-TERM CARE |
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Nursing Homes and Assisted Living Facilities |
CS/SB 1668 Jones |
Expands persons and entities who have a duty to
nursing home residents, thereby increasing the number of defendants
in lawsuits. |
Monitor |
Died in Senate
Committee on Children, Families, and Elder Affairs |
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Adult Protection and Care |
CS/CS/CS/SB 2216 Storms |
Increases background screening requirements and
increases fines used to regulate nursing homes and assisted living
facilities. |
Monitor |
Died in Senate returning
messages |
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KIDCARE |
|
Florida Kidcare Program |
SB 2032 Fasano
HB 1457 Garcia |
Streamlines and improves children's
subsidized health insurance; among components is a requirement to
assign children to plans in which other family members are enrolled. |
Support |
SB 2032 - Died
in Senate Committee on Health Policy
HB 1457 - Died in House Healthcare Council |
|
Florida Kidcare Program |
CS/SB 888 Dawson |
Viewed as vehicle to adopt technical
improvements to Kidcare; requires Department of Health to administer
the program. |
Monitor |
Died in Senate Committee on Children, Families, and Elder Affairs |
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ACCESS TO CARE |
|
Health Care for Uninsured |
CS/CS/SB 2534
Peaden, Jr. |
Establishes
Governor Crist's "Cover Florida"
program, which creates limited benefit, low-cost options for the
uninsured; creates the Florida Health Choices program, creating a
"marketplace" where new products are sold to pay for health care
with some regulatory oversight; expands Health Flex plans; removes
caps on enrollment of families in Kidcare whose incomes are too high
to qualify for subsidies and will pay full costs of the coverage
out-of-pocket. |
Monitor |
Passed Senate
(40-0); Passed House (118-1);
enrolled |
|
Certificates of Need |
CS/SB 2326 Peaden, Jr. |
Streamlines the
certificate-of-need process the state uses for establishing new
general hospitals, while preserving the key elements that ensure
a need for the new hospital exists.
|
Monitor |
Passed Senate
(39-0); Passed House
(118-0); enrolled |
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EMERGENCY CONTRACEPTION |
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Reproductive Health Services and Family Planning |
CS/SB 780 Rich
HB 385
Gibson, A |
Establishes a protocol for treatment of
victims of sexual assault; removes conscience protection for health
care providers concerned about administration of "contraceptives"
that harm the newly-conceived; makes contraception a special
category of pharmaceutical. |
Oppose |
SB 780
-
Died in Senate Committee on Judiciary
HB 385 -
Died in House Committee on Health Quality |
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ORGAN AND TISSUE DONATION |
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Organ and Tissue Donation |
CS/CS/SB 2630
Oelrich |
Gives greater
weight to an expressed and formal desire to donate organs and
tissue by a decedent; directs Agency for Healthcare
Administration and Dept. of Highway Safety and Motor Vehicles to
contract with a non-profit to operate the Joshua Abbott Organ
and Tissue Registry and to conduct a public educational program;
makes other technical changes to the organ donation process.
|
Monitor |
SB 2630 -
Passed House (114-0);
Passed Senate(36-0); enrolled |
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EDUCATION
|
Issue |
Bill(s)
Sponsor(s) |
Summary/Comments |
Position |
Bill Status |
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EARLY CHILDHOOD EDUCATION |
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Success in Early Learning Act |
CS/CS/CS/CS/SB 1670 Gaetz
HB 879 Kelly |
Revises
voluntary prekindergarten accreditation standards and background
screening requirements; allows for participation by private
providers of prekindergarten; provider must be accredited by an
accrediting association that is a member of the National Council
for Private School Accreditation, the Commission on
International and Trans-Regional Accreditation, or the Florida
Association of Academic Nonpublic Schools and have written
accreditation standards that meet or exceed the state's
licensing requirements and require at least one on-site visit to
the provider or school before accreditation is granted. |
Monitor |
SB 1670 -
Senate Laid on Table, Refer to HB 879
HB 879 -
Passed Senate (40-0);
Passed House (118-0); enrolled |
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HEALTH EDUCATION |
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Public
Schools/ Human Sexuality Education |
SB 848 Deutch
HB 449 Bendross-Mindingall |
Creates the
"Florida Healthy Teens Act"; requires that any public school
that receives state funding, directly or indirectly, and that
provides information or offers programs regarding family
planning, pregnancy, or sexually transmitted infections shall
provide comprehensive, medically accurate, and factual
information.
See Florida Catholic Conference position paper. |
Oppose |
SB 848 - Died
in Senate Committee on Children, Families, and Elder Affairs
HB 449 -
Died in House Schools & Learning Council |
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SCHOLARSHIPS/VOUCHERS |
|
Corporate Income Tax Credit Scholarship Program |
CS/CS/SB 1440 Gaetz
CS/CS/CS/HB 653 Traviesa
|
Revises the
purposes of the Corporate Income Tax Scholarship Program by
increasing the amount of the scholarship to $3,950 and increasing
the cap to $ 118 million for which corporations can contribute
annually. Allows for children whose families are within 200 percent
of the poverty level to be eligible for scholarships. Bill requires
a legislative study to identify strategies for private schools to
participate in the statewide assessment (F-CAT) for scholarship
students. |
Monitor |
SB 1440 - Senate
Laid on Table, Refer to HB 653
HB 653 -
Passed House (82-34);
Passed Senate (30-9); enrolled |
|
Corporate Income Tax Credit Scholarship Program |
HB 1325 Attkisson |
Creates
eligibility for foster care students by raising the cap in which
corporations can contribute to the Corporate Tax Credit Scholarship
Program by $30 million, allowing an increase from $3,750 to
approximately $5,400. The bill was significantly amended and
removes McKay Scholarship Program eligibility for students who can't
meet attendance requirements for regular and direct contact in a
traditional classroom. |
Monitor |
Died in House Schools &
Learning Council |
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STUDENTS WITH DISABILITIES (see
Social Concerns/Persons with Disabilities) |
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Window of Opportunity Act |
HB 7153
Healthcare Council |
Creates a
seamless system allowing for children as early as possible in their
young lives to be screened, evaluated and diagnosed, as well as to
obtain uninterrupted intervention services. Bill required insurance
companies to agree to a “Compact” in which all children with
developmental disabilities would receive coverage based on their
medical condition. The bill included an educational component in
which children could receive their educational related intervention
in a VPK and McKay Scholarship programming.
(See related legislation CS/CS/CS/SB 2654 under Social
Concerns/Persons with Disabilities.) |
Support |
Died in House |
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Students with Disabilities |
CS/HB 1313 Precourt |
Revises terminology
used to identify students with certain disabilities; authorizes
State Board of Education to adopt rules for eligibility of certain
children with disabilities for admission to special programs and
related services. |
Monitor |
Passed Senate (40-0); Passed House
(119-0); enrolled |
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EDUCATORS |
Educators Teaching English/
Inservice Requirements |
SB 286 Wise |
Requires that
educators of English for Speakers of Other Languages (ESOL) have
inservice requirements that will ensure a conducive learning
environment and the use of appropriate teaching strategies for
students with limited English; requires that primary English
instructors have 300 inservice hours or the equivalent, that
instructors in basic subject areas have 60 inservice hours or the
equivalent. |
Monitor |
Died in Senate returning messages |
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Disability
History and Awareness
Instruction |
CS/SB 856 Fasano |
Each district
school board may provide disability history and awareness
instruction in all K-12 public schools in the district during the
first 2 weeks in October each year. The district school board may
designate these 2 weeks as "Disability History and Awareness Weeks." |
Support |
Passed Senate (39-0);
Passed House (118-0); enrolled |
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OTHER |
|
Private School Students/ Interscholastic Activities |
CS/CS/SB 526 Wise
CS/HB 1481 Bean
|
Establishes a
two-year pilot program in three northeastern Florida counties that
provides that a private school student may participate in a public
school sport if the private school in which the student is enrolled
does not offer the interscholastic sport and the student’s private
school is not a member of the Florida High School Athletics
Association.
An Action Alert was issued on
this proposed legislation,
click here to view an update. |
Oppose |
SB 526 -
Passed House (75-41); Passed Senate (38-1);
enrolled
HB 1481 - Died on House Calendar |
|
Ethics in Education Act |
CS/CS/CS/SB 1712
Education
Pre-K-12 |
Specifies certain
additional offenses that constitute a breach of the public trust;
Requires the Department of Education to assist school districts,
charter schools, and private schools that indirectly receive public
funds in developing policies and procedures governing educator
ethics and employment. |
Monitor |
Passed House (118-0);
Passed Senate (40-0); enrolled |
|
School Safety
|
HB 669
Thompson, N
Bogdanoff Aubuchon |
Creates the
“Jeffrey Johnson Stand Up for All Students Act” by prohibiting
bullying and harassment of any student or employee of public K-12
educational institution. |
Monitor |
Passed House (112-0); Passed
Senate (40-0); enrolled |
Student
Financial Aid |
CS/SB 2210 Higher Education |
Amends provisions
relating to the William L. Boyd, IV, Florida Resident Access Grant
Program and the Access to Better Learning and Education Grant
Program; deletes provisions indicating that the programs are tuition
assistance programs rather than financial aid programs. |
Monitor |
Died in Senate Committee on
Commerce |
|
Academic Freedom Act |
CS/SB 2692 Storms
CS/HB 1483 Hays |
Allows every public
school teacher in the state's K-12 school system the right to
objectively present scientific information relevant to the full
range of scientific views regarding biological and chemical
evolution.
Evolution in its common understanding as a theory to explain the
biological changes in organisms is not contrary to the Catholic
understanding of creation, provided that any theory of evolution
does not deny that God brought all things into existence and that He
creates each individual soul. |
Monitor |
SB 2692 -
Died in House returning messages
HB 1483 -
House
Laid on Table, Refer to SB 2692 |
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CONTACTS
For
questions regarding bills listed on this report or other proposed
legislation, please contact the appropriate staff member listed below:
Larry D. Keough,
Associate Director for Education - rights of Catholic school
children in state and federal education programs, scholarships/vouchers,
teacher certification, testing, and school health services,
lkeough@flacathconf.org
Michael B. Sheedy, Associate Director for Health - health care
accessibility, Medicaid, Kidcare, emergency contraception, stem cell
research,
and
end-of-life care,
msheedy@flacathconf.org
Sheila S. Hopkins, Associate Director for Social
Concerns/Respect Life - children
and families, adoption, affordable housing,
criminal justice,
immigration,
farmworkers,
homeless, elderly, disabled,
environment, abortion, and death penalty,
shopkins@flacathconf.org
Michele M. Taylor, Associate for Communications
- FCC Advocacy Network, media relations, legislative reports and summaries,
and website,
mtaylor@flacathconf.org
D. Michael McCarron, Executive Director
- church and state issues, tax exemption, miscellaneous,
mccarron@flacathconf.org |
FLORIDA CATHOLIC CONFERENCE
201 W. Park Avenue
Tallahassee, FL 32301-7760
(850) 222-3830
www.flacathconf.org |
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