The Florida Catholic Conference is the nonpartisan public policy voice of the Catholic Bishops of Florida.

 

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.

 


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
 

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

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
 


SOCIAL CONCERNS

Issue

Bill(s)
Sponsor(s)

Summary/Comments

Position

Bill Status

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
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

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

IMMIGRATION

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

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
 
PERSONS WITH DISABILITIES (see Education/Students with Disabilities)
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
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
ENVIRONMENT
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
 
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
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

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 i
n 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


HEALTH

Issue

Bill(s) 
Sponsor(s)

Summary/Comments

Position

Bill Status

MEDICAID

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

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

LONG-TERM CARE

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

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

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
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
EMERGENCY CONTRACEPTION

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 H
ealth Quality
ORGAN AND TISSUE DONATION

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


EDUCATION

Issue

Bill(s)
Sponsor(s)

Summary/Comments

Position

Bill Status

EARLY CHILDHOOD EDUCATION

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

HEALTH EDUCATION

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

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

STUDENTS WITH DISABILITIES (see Social Concerns/Persons with Disabilities)

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
 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

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

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

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


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


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