Florida Catholic Conference | Legislative Report

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

2010 Legislative Report
Florida Legislative Session
March 2 – April 30, 2010

March 12, 2010

This report identifies priority bills closely followed by the Florida Catholic Conference and is updated daily with activity taken by the legislature. In addition to the priority bills listed here, the Conference monitors other bills of concern. Further information on the Conference's public policy advocacy can be found at 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. For definitions of legislative jargon, charts of how an idea becomes a law and other helpful information, click here.

LIFE AND DEATH SOCIAL CONCERNS HEALTH EDUCATION OTHER

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Recent and scheduled activity - red
Passage in senate or house chamber - green
Failure in senate or house chamber - blue
Action taken by governor - purple

LIFE AND DEATH

Issue	Bill(s) and Sponsor(s)	Summary/Comments	Position	Bill Status
ABORTION
Parental Notice of Abortion	SB 2446 Gardiner HB 1449 Stargel	Revises notice requirements relating to the termination of a pregnancy of a minor. Provides exceptions to the notice requirements. Revises procedure for judicial waiver of notice. Provides that in a hearing relating to waiving the requirement for parental notice, the court consider certain additional factors, including whether the minor's decision to terminate her pregnancy was due to undue influence. Requires mandatory reporting of child abuse.	Support	SB 2446 - Referred to Health Regulation; Judiciary HB 1449 - Referred to Criminal & Civil Justice Policy Council; Policy Council
UNBORN VICTIMS OF VIOLENCE
Florida Unborn Victims of Violence Act	SB 290 Fasano HB 141 Poppell	Defines the term "unborn child" for purposes of vehicular homicide. Revises terminology to refer to "unborn child" rather than "viable fetus." Provides that certain offenses relating to the killing of an unborn child by injury to the mother do not require specified knowledge or intent.	Support	SB 290 - Temporarily postponed by Criminal Justice; also referred to Judiciary; Criminal and Civil Justice Appropriations HB 141 - Now in Public Safety & Domestic Security Policy Committee; also referred to Policy Council; Criminal & Civil Justice Policy Council

SOCIAL CONCERNS

Issue	Bill(s) Sponsor(s)	Summary/Comments	Position	Bill Status
AFFORDABLE HOUSING
State Housing Trust Fund	SB 262 Bennett HB 665 Aubuchon	Provides housing finance authority with additional purpose for which it may exercise its power to borrow; removes limitation on amount of proceeds from excise taxes on documents to be deposited in State Housing Trust Fund each fiscal year; provides additional policy guidelines under state housing strategy for development of programs for housing production or rehabilitation; includes needs of persons with special needs in strategy's periodic review and report; removes provision requiring Florida Housing Finance Corporation to transfer certain funds to General Revenue Fund; prohibits funds from State Housing Trust Fund or Local Government Housing Trust Fund that are appropriated for specified programs from being used for certain purposes.	Support	SB 262 - On Committee agenda - Community Affairs, 03/17/10, 3:15 pm; also referred to Transportation and Economic Development Appropriations; Rules HB 665 - Favorable with CS by Military & Local Affairs Policy Committee (12-0); Now in Full Appropriations Council on Education & Economic Development; also referred to Economic Development & Community Affairs Policy Council
JUVENILE JUSTICE
Parole for Adolescent Offenders	SB 184 Joyner HB 23 Weinstein	Provides that an adolescent offender who was 15 years of age or younger when the offense was committed and who is sentenced to life or more than 10 years in prison is eligible for parole if the offender has been incarcerated for a minimum period and has not previously been convicted or adjudicated delinquent of or had adjudication withheld for certain offenses. Provides for retroactive application.	Support	SB 184 - Favorable with CS by Criminal Justice (6-1); also referred to Criminal and Civil Justice Appropriations HB 23 - Favorable with CS by Public Safety & Domestic Security Policy Committee (13-0); Now in Criminal & Civil Justice Appropriations Committee; Criminal & Civil Justice Policy Council
CRIMINAL JUSTICE
Evidence of Crimes	SB 2522 Joyner HB 1323 Randolph	Provides that governmental entities are required to maintain physical evidence for potential DNA testing only for serious crimes. Provides that only the portion of a piece of evidence that is likely to contain biological evidence must be retained and other portions of that piece of evidence may be disposed of when the physical evidence is of such a size, bulk, or physical character as to render retention impracticable	Support	SB 2522 - Referred to Criminal Justice; Judiciary; Criminal and Civil Justice Appropriations HB 1323 - Referred to Public Safety & Domestic Security Policy Committee; Criminal & Civil Justice Appropriations Committee; Criminal & Civil Justice Policy Council
HUMAN TRAFFICKING
Human Trafficking	SB 966 Joyner HB 633 Burgin	Revises the requirements for the license and the identification card that are issued to massage therapists. Requires criminal background checks for persons, firms, or corporations applying for a massage establishment license. Requires any person, firm, or corporation that operates a cosmetology salon or specialty salon that offers massage services to obtain a massage establishment license.	Monitor	SB 966 - Referred to Health Regulation; Criminal Justice; Regulated Industries; Health and Human Services Appropriations HB 633 - Favorable with CS by Insurance, Business & Financial Affairs Policy Committee (13-0); also referred to Full Appropriations Council on Education & Economic Development; General Government Policy Council
Sexual Exploitation of Children	SB 1700 Ring HB 535 Fresen	Designates "Florida Safe Harbor Act"; provides for presumption that placement of child alleged to have been sexually exploited in short-term safe house is necessary; provides requirements for safe houses receiving such children; provides requirements relating to appropriations for safe houses; provides presumption against filing delinquency petition for certain prostitution-related offenses in certain circumstances.	Support	SB 1700 - Referred to Children, Families, and Elder Affairs; Criminal Justice; Health and Human Services Appropriations HB 535 - Now in Health Care Services Policy Committee; also referred to Public Safety & Domestic Security Policy Committee; Full Appropriations Council on Education & Economic Development; Health & Family Services Policy Council
IMMIGRATION
Verification of Citizenship or Legal Presence	SB 856 Baker HB 421 Adkins	Requires Lottery Department to verify citizenship or legal presence of certain prize winners; prohibits local ordinances relating to undocumented; requires public employer verification of work status of new hires; requires driver's license applicants to show proof of citizenship or lawful presence; requires verification of lawful presence of certain public benefit applicants; prohibits certain acts by persons providing immigration assistance services; prohibits transporting or harboring undocumented; prohibits attending public educational programs or institutions unless citizen or lawfully present; requires student seeking state financial aid to show citizenship or lawful presence.	Monitor	SB 856 - Referred to Regulated Industries; Community Affairs; Criminal Justice; Children, Families, and Elder Affairs; Education Pre-K - 12; Agriculture; Policy & Steering Committee on Ways and Means HB 421 - Now in Governmental Affairs Policy Committee; also referred to Full Appropriations Council on Education & Economic Development; Economic Development & Community Affairs Policy Council
ENVIRONMENT
Tax on Sales, Use, and Other Transactions	SB 152 Lynn HB 167 Rehwinkel Vasilinda	Deletes exemption for sales of drinking water in containers.	Support	SB 152 - Referred to Commerce; Finance and Tax; Policy & Steering Committee on Ways and Means HB 167 - Now in Finance & Tax Council; also referred to Full Appropriations Council on Education & Economic Development
Limestone Mining	SB 1338 Dean HB 617 Bembry	Eliminates criteria for determining the ratio of mitigation-to-wetlands loss relating to limestone and sand mining. Provides that financial responsibility for mitigation for wetlands and other surface waters required by a permit for activities associated with the extraction of limestone is subject to approval by the Department of Environmental Protection as part of permit application review.	Monitor	SB 1338 - Referred to Environmental Preservation and Conservation; Community Affairs; General Government Appropriations HB 617 - Favorable with CS by Agriculture & Natural Resources Policy Committee (13-0); Favorable with CS by Natural Resources Appropriations Committee (12-0); Favorable with CS by General Government Policy Council (15-0)
OTHER
Premarital Preparation	SB 2438 Storms HB 1413 Murzin	Provides for the creation and revision of the Florida Marriage Handbook. Creates the Marriage Education Committee. Provides for membership on the committee. Specifies the content for Parts A and B of the handbook. Requires the committee to be reconstituted once every 10 years for the purpose of reviewing and updating the content in the handbook. Requires the committee to submit a report to the Legislature by a specified date.	Support	SB 2438 - Referred to Judiciary; Governmental Oversight and Accountability; Health and Human Services Appropriations HB 1413 - Now in Civil Justice & Courts Policy Committee; also referred to Health Care Appropriations Committee; Criminal & Civil Justice Policy Council
Unemployment Compensation	SB 2294 Hill HB 741 Rader	Defines terms "alternative base period," "good cause," and "member of the individual's immediate family"; redefines term "base period"; revises requirements for eligibility to receive benefits.	Monitor	SB 2294 - Referred to Commerce; Finance and Tax; Transportation and Economic Development Appropriations; Policy & Steering Committee on Ways and Means HB 741 - Now in Economic Development Policy Committee; also referred to Transportation & Economic Development Appropriations Committee; Economic Development & Community Affairs Policy Council

HEALTH

Issue	Bill(s) Sponsor(s)	Summary/Comments	Position	Bill Status
Reproductive Health Services/Rape Survivors
Prevention First Act	SB 652 Rich HB 517 Gibson	Provides duties of licensed health care practitioners and facilities relating to the treatment of rape survivors. Requires the Agency for Health Care Administration to provide for enforcement and impose penalties. Requires licensed pharmacies to dispense certain forms of contraception without delay. Specifies conditions under which a pharmacy may refuse to provide a contraceptive	Oppose	SB 652 - Referred to Health Regulation; Judiciary; Health and Human Services Appropriations HB 517 - Now in Health Care Regulation Policy Committee; also referred to Health Care Appropriations Committee; Health & Family Services Policy Council
Public School Education/Human Sexuality
Florida Healthy Teens Act	SB 1502 Deutch HB 169 Fitzgerald	Requires public schools that provide certain information or programs to students concerning human sexuality to provide information that meets specified criteria. Provides an exemption for certain students. Provides a process to review compliance with such requirements. Authorizes parents and guardians to seek review of a school's compliance.	Oppose	SB 1502 - Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Health Regulation; Education Pre-K - 12 Appropriations HB 169 - Now in PreK-12 Policy Committee; also referred to Health Care Services Policy Committee; PreK-12 Appropriations Committee; Education Policy Council

EDUCATION

Issue	Bill(s) Sponsor(s)	Summary/Comments	Position	Bill Status
SCHOLARSHIPS/VOUCHERS/SCHOOL CHOICE
Florida Tax Credit Scholarship Program	SB 2126 Negron HB 1009 Weatherford	Incrementally increases over 4 years the value of the scholarship up to 80% of unweighted funding received by students attending public schools. Allows new financial sources to fund the scholarships, to include the existing corporate income taxes, and proposing new credits for gas severance taxes, alcoholic beverage excise taxes and direct pay sales and use taxes. Schools serving 30 or more FTC students in grades 3-10 will be required to participate in certain norm-referenced tests and report learning gains; any school with at least $250,000 in scholarship funds the previous year requires a financial report from a certified accountant each year for. During the 2008-2009 school year, the program served 2,700 students attending Catholic elementary and secondary schools. A March 2009 report by the State determined that the program saves Florida nearly $40 million per year.	Support	SB 2126 - On Committee agenda - Finance and Tax, 03/16/10, 9:00 am; also referred to Education Pre-K - 12 Appropriations; Policy & Steering Committee on Ways and Means HB 1009 - Now in Finance & Tax Council; also referred to PreK-12 Appropriations Committee; Full Appropriations Council on Education & Economic Development
John M. McKay Scholarships for Students with Disabilities Program	SB 2746 Gardiner HB 1505 Flores	Revises student eligibility requirements for participation in scholarship program; authorizes students who are eligible to enter kindergarten to receive John M. McKay Scholarship; provides eligibility requirements for student identified with developmental delay; authorizes students who were enrolled and reported by school district for funding during any prior year FEFP surveys to receive scholarship; authorizes Commissioner of Education to deny, suspend, or revoke private school's participation in program for certain acts or omissions by owner or operator; permits students to receive instruction and services at site other than physical location of private school under specified conditions.	Monitor	SB 2746 - Referred to Education Pre-K - 12; Commerce; Education Pre-K - 12 Appropriations HB 1505 - Now in PreK-12 Policy Committee; also referred to PreK-12 Appropriations Committee; Education Policy Council
Voluntary Prekindergarten Education Program
Teacher Certification	SB 848 Rich HB 383 Long	Provides that prekindergarten instructors in school-year prekindergarten programs delivered by private providers and public schools must meet new professional credentialing requirements beginning July 1, 2013.	Monitor	SB 848 - Referred to Education Pre-K - 12; Education Pre-K - 12 Appropriations; Policy & Steering Committee on Ways and Means HB 383 - Now in Insurance, Business & Financial Affairs Policy Committee; also referred to Policy Council; PreK-12 Appropriations Committee; General Government Policy Council
OTHER
Sales Tax Exemption/Books /Clothing/School Supplies	SB 160 Baker SB 514 Fasano HB 469 Flores	Specifies a period during which the sale of books, clothing, and school supplies is exempt from the tax on sales, use, and other transactions.	Support	SB 160 - Referred to Finance and Tax; Policy & Steering Committee on Ways and Means SB 514 - Referred to Finance and Tax; Policy & Steering Committee on Ways and Means HB 469 - Now in Finance & Tax Council; also referred to Economic Development & Community Affairs Policy Council
Student Voter Education	SB 524 Fasano HB 407 Brisé	Requires each district school board and county supervisor of elections to jointly provide voter-education program to high school students who are eligible to register or preregister to vote; requires presentation to be made available to nonpublic high schools upon request; provides guidelines for program content.	Support	SB 524 - Referred to Education Pre-K - 12; Ethics and Elections; Education Pre-K - 12 Appropriations HB 407 - Workshopped by Governmental Affairs Policy Committee; also referred to PreK-12 Policy Committee; PreK-12 Appropriations Committee; Economic Development & Community Affairs Policy Council

OTHER

Issue	Bill(s) Sponsor(s)	Summary/Comments	Position	Bill Status
MISCELLANEOUS
Religious Freedom Act	SJR 2550 Altman HJR 1399 Precourt	Proposes amendment to s. 3, Art. I of State Constitution to provide that an individual may not be barred from participating in any public program because of choosing to use public benefits at a religious provider and to delete a prohibition against using public revenues in aid of any church, sect, or religious denomination or any sectarian institution.	Support	SB 2550 - Referred to Education Pre-K - 12; Judiciary; Rules HB 1399 - Now in Criminal & Civil Justice Policy Council; also referred to Rules & Calendar Council
Statute of Limitations Sexual Battery	SB 870 Aronberg HB 525 Dorworth	Eliminates statutes of limitations for criminal or civil actions relating to sexual battery of a child if the victim is under 16 years of age at the time of the offense. The Conference has no objection to elimination of criminal or civil statutes of limitation limited to actual perpetrators; however, a severe disadvantage is created by requiring employers of public and private organizations to defend against complaints with no time limits that may have occurred decades ago.	Oppose	SB 870 - Favorable by Criminal Justice (7-0); now in Judiciary; also referred to Criminal and Civil Justice Appropriations HB 525 - Favorable by Public Safety & Domestic Security Policy Committee (12-0); Now in Criminal & Civil Justice Appropriations Committee; also referred to Criminal & Civil Justice Policy Council

CONTACTS

For questions regarding bills listed on this report or other proposed legislation, please contact the appropriate staff member listed below:

D. Michael McCarron, Executive Director - (850) 205-6819, mccarron@flacathconf.org
Michael B. Sheedy, Associate Director for Health - (850) 205-6824, msheedy@flacathconf.org
Sheila S. Hopkins, Associate Director for Social Concerns/Respect Life - (850) 205-6826, shopkins@flacathconf.org
James B. Herzog, Associate Director for Education - (850) 224-7906, jherzog@flacathconf.org
Michele M. Taylor, Associate Director for Communications - (850) 205-6817, mtaylor@flacathconf.org

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