Issue 8 April 23, 2010

Hectic Week

As the session wound down this week, the pace of activity at the Capitol broke the sound barrier. Not only did the House and Senate go full speed ahead on substantive legislation, but budget discussions – expedited this week to try to ensure legislators adjourn next Friday as scheduled, so they can hit the campaign trail – were ratcheted up to warp speed.

On Saturday, conference committees charged with reconciling the $2.2 billion difference between the $69.4 billion Senate and the $67.2 billion House proposed 2010-2011 state budgets were scheduled to meet. The meetings were cancelled, as legislative leaders couldn’t agree on how to proceed without the anticipated $1 billion in Medicaid money that Congress has failed to send to Florida and that the Senate had included in its budget.

By Monday morning, the Speaker and President had agreed on allocations to various budget areas (i.e. transportation, health and human services, education, etc.) and conferees began meeting. In the fastest resolution of conference issues in recent history, conferees were instructed to provide their recommendations 48 hours later, by Wednesday at 1:00pm. Issues remaining unresolved were bumped to the budget chairs for each house – Senator Alexander and Representative Rivera – and they began to resolve the differences. The issues they are unable to resolve will be bumped up to Speaker Cretul and President Atwater tomorrow and negotiations are scheduled to be completed by Monday, April 26. Florida's Constitution requires that the final version of the budget must be placed on the desk of every lawmaker 72 hours before it can be approved. That means it has to be done by April 27 in order for lawmakers to vote it out on the last scheduled day of session, next Friday.

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Gambling Revenue Shores Up Budget

Three Florida governors have negotiated a gambling deal with the Seminole Tribe of Florida. With the state economy and budget struggling to stay afloat, the 2010 Legislature has finally agreed to ratify the deal negotiated by Governor Crist. Last week the Senate gave its approval, and on Monday the House did the same and then sent the bill to the Governor.

The deal guarantees the state a minimum of $1 billion over five years, and at least $435 million next year. It authorizes blackjack and other card games at five Seminole casinos, including the Hollywood and Tampa Hard Rock facilities. The Tribe also gets a monopoly on Vegas-style slots everywhere but Broward and Miami-Dade Counties, where voters have already approved those games. Unlike past deals, the money coming to the state treasury under this one will not be earmarked for education, but will be able to be used by legislators in any way they would like.

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Medicaid Reform At Risk

As elder, disability, home-health care equipment, nursing home, and other advocates increased their calls this week for the recently-released House and Senate Medicaid overhauls to be killed, the practical realities of merging the widely disparate bills led to speculation by legislators and advocates alike as to whether a compromise can actually be reached with just seven days left in session. Following the Senate’s lead last week, the House passed its Medicaid bill on Monday and negotiations began in earnest.

While both bills are intended to reduce the cost of the $19 billion program by moving Medicaid patients into managed care, they are fundamentally different. The House bill would move the program’s 2.7 million Floridians into managed care plans over the next five years, starting with Miami-Dade County in coming months, while the Senate plan would expand the state’s five-county Medicaid pilot program to 19 additional counties, moving an additional 250,000 Medicaid recipients into managed care. This issue, more than any other at his point, looks like it could be the one that keeps legislators in Tallahassee past their scheduled sine die, if they are indeed gong to pass something. To view a side-by-side comparison of the differences between the bills, visit the Florida Chain. 

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Budget Differences Resolved – And Not

House and Senate negotiators came to consensus quickly this week on several United Way priorities. Among others:

• Healthy Start Coalitions are fully funded, although Healthy Start services are reduced by $2 million;
• VPK – Funded at $404.8 million, a .5% reduction from current year, with per child funding at $2,562 for school year and $2,179 for summer; and
• Part C/Early Steps program – Full funding less $300,000, thereby allowing the program to continue to serve the 41,000 children in its care.

Among those hardest hit by the budget, as this Legislative Link went to wire, are the developmentally disabled, with the following cuts still on the table:

• Eliminate behavior assistance services in standard & behaviorally focused group home;
• Reduce provider rates for most services between 2.5 and 5%;
• Reduce funding caps for Tiers 2, 3, & 4 by 2.5%; and
• Reduce ICF/DD rates by up to 7%.
 

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Booster Seat Bill Passes Senate

Car crashes are the leading cause of child death. Current Florida law requires children 3 years of age or younger to be secured within a baby seat when riding in a car. Unfortunately, children older than 3 who may be too big to fit in a car seat are often times secured in the car by a regular seatbelt. Because of their height and or weight, these children are subject to serious injury (primarily liver, spleen and spinal cord injury) and even death because the seatbelt does not fit appropriately. Booster seats have been shown to reduce serious injury by 59% for these children.

CS/CS/SB 316, which was passed by the Senate on Thursday, requires the operator of a motor vehicle who is transporting a child who is 7 years of age or younger and is less than 4'9" to protect the child by properly using a crash tested, federally approved child restraint device. The bill specifies the device must be appropriate for the height and weight of the child, and may include a vehicle manufacturer’s integrated child seat, a separate child’s safety seat, or a child booster seat. Under the provisions of the bill, motorists will no longer be permitted to transport children age 4-7 years old with only a safety belt used as protection. An infraction will be a moving violation punishable by a fine of $60.00 plus court costs and add-ons, and by assessment of three points against the driver’s license. The requirement to use a booster seat does not apply to a person who is transporting a child age 4-7 if the person is transporting the child gratuitously in response to a declared emergency or immediate emergency involving the child or transporting a child whose medical condition necessitates an exception. Lastly, the bill requires courts to dismiss a charge against the driver for a first violation upon proof of purchase of a federally approved child restraint device. Read the bill.

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CSC & School Readiness Bills Merged

Yesterday, the Senate passed CS/SB 2014, which originally dealt exclusively with Florida’s School Readiness programs. Among others, it requires the Agency for Workforce Innovation (AWI) to adopt support service strategies for implementing program requirements and requires Early Learning Coalitions (ELCs) to incorporate those standards into their School Readiness plans. The bill expands AWI’s rule making authority to administer the program and directs the Governor to designate AWI as the lead agency for administering the Federal Childcare and Development Fund - the primary funding source for the School Readiness program.

In a major victory for programs serving them, the bill was amended to require the State Board of Education to adopt criteria for granting good cause exemptions from meeting kindergarten readiness rates for providers serving at least twice the statewide percentage of children with disabilities or children identified as limited English proficient. Those providers will still be required to show that the children they serve demonstrate acceptable learning gains.

A compromise was reached on the contentious Children’s Services Council legislation (SB 1216) this week, and the compromise was incorporated into CS/CS/SB 2014. The compromise would require CSCs go back to referendum in the following time frames:

• By 2014 for Martin, St. Lucie, and Okeechobee Counties;
• By 2016 for Broward, Hillsborough, Palm Beach and Pinellas Counties; and  
• By 2020 for Miami/Dade County.

CSCs will be able to define terms of future reauthorization in the language of their respective referenda. The language can include reauthorization in perpetuity thus meaning that a CSC would not be required to constantly seek reauthorization over defined time frames. If a CSC does not define the terms for reauthorization in their initial referendum, then they will be required to conform to a statutory requirement of going back to the voters for approval every twelve years. Read the bill.

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BILLS HEARD THIS WEEK

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SCR 10 – Balanced Federal Budget

Senate Concurrent Resolution 10 was passed by the Senate on Tuesday and the House on Wednesday, both on party line votes. The resolution calls on Congress to convene a constitutional convention under Article 5 of the U.S. Constitution to propose a constitutional amendment that would require the federal government to achieve and maintain a balanced federal budget, and to control the ability of the federal government to require states to expend funds. Read the bill.

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HB 11 – Crimes Against Homeless Persons

The House passed HB 11 on Tuesday, amending the “hate crimes” statute to include offenses evidencing prejudice based on the homeless status of the victim. Currently under the statute, the penalty for any felony or misdemeanor offense is reclassified to include harsher penalties if the offense evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age of the victim. Read the bill .

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HJR 15 – Department of Elder Affairs

On Wednesday, the House passed House Joint Resolution 15, proposing an amendment the Florida Constitution to rename the Department of Elderly Affairs as the Department of Elder Affairs. If passed by the Senate by a 3/5 vote, it will be placed on the November, 2010 ballot. Read the bill.

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HJR 37 - Health Care Services

Yesterday, the House and the Senate passed HJR 37, which would put on the November ballot an amendment to the Florida Constitution that would: 

• prohibit persons and employers from being compelled to participate in a health care system;
• allow direct payment of health care services;
• prohibit penalizing persons, employers, and health care providers from utilizing a direct payment system; and
• allow for the purchase or sale of health insurance in the private market, subject to certain conditions.

If adopted by the voters at the 2010 general election, the resolution would take effect January 4, 2011.  Read the bill.

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HB 91 – Adult Protective Services

On Wednesday, the House passed Committee Substitute for HB 91. The Senate passed it on Thursday. Among others, the bill replaces the terms “disabled adults” and “elderly persons” with the term “vulnerable adult”. It requires that the central abuse hotline transfer to the appropriate county sheriff’s office reports of known or suspected abuse of a vulnerable adult involving a person other than a relative, caregiver, or household member. The bill also clarifies that the Department of Children and Families may file a petition to determine incapacity in adult protective proceedings, and has access to Department of Highway Safety and Motor Vehicles records for use in conducting protective investigations. Read the bill.

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SB 146 – Senior Services Special Districts

On Monday, the Senate Health and Human Service Appropriations Committee temporarily passed SB 146, which would authorize counties to create by ordinance an independent special district to provide senior services throughout the county. The special districts could also levy property taxes to fund those services if the majority of voters in the county approved doing so. The bill provides the membership of the governing council, powers and duties of the council, and reporting requirements. The bill appears to be effectively dead at this time. Read the bill.

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SB 434 – Suicide Prevention Education

CS/SB 434 was passed by the Senate PreK-Education Committee on Wednesday. The bill would require that, beginning with the 2010 – 2011 school year, each school district provide access to suicide prevention education for all instructional and administrative personnel using resources approved by the Statewide Office of Suicide Prevention. Read the bill.

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SB 580 – Alzheimer's Disease

In Florida, more than 435,000 elders currently suffer from Alzheimer’s disease. As baby boomers age, that number will swell considerably. Alzheimer’s is the 7th leading cause of death in the nation and the 5th leading cause of death for those over age 65. In 2005, Florida had the third highest number of deaths due to the disease in the country. CS/SB 580, which was passed by the Senate on Thursday, would establish a program to educate the public regarding screening for memory impairment, and would authorize the Department of Elder Affairs to support programs providing information and memory screening and memory screening services. Read the bill.

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HB 665 – Affordable Housing

The House Military and Local Affairs Committee unanimously passed HB 665 on Wednesday, which would repeal the $243 million cap that the 2006 Legislature put on state and local affordable housing trust funds. Legislators appear ready to pass the bill this year and target the trust funds to improvements on existing housing, resulting in the creation of nearly 15,000 Florida jobs and over $1.4 billion in economic activity. This will also draw down the inventory of over 300,000 empty houses that are on the market in Florida. Until the inventory is significantly reduced, experts predict that new construction will not rebound, and new construction has historically been one of the main drivers of Florida’s economy. As one of the 25 members of the Sadowski Coalition which has worked to remove the cap for years, the United Way of Florida supports this legislation. Read the bill.

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HB 923 – Homelessness

HB 923 was passed by the House on Wednesday. The bill creates and revises multiple sections of Florida law relating to homelessness. Among others, it:

• authorizes drivers to make $1.00 voluntary contributions to aid the homeless on their applications and renewal forms for motor vehicle registrations and driver’s licenses ;
• replaces the existing Emergency Financial Assistance For Housing Program with a Homeless Prevention Grant Program administered by local homeless continuums of care to provide emergency financial assistance to families facing the loss of their current home due to financial or other crisis;
• limits the amount a lead agency may spend on administrative costs under a Prevention Grant; and
• eliminates the Housing First Program.

Read the bill.

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HM 1349 – Community-Based Services for Individuals with Developmental Disabilities

House Memorial 1349 urges Congress to support the opportunity to provide increased access to community-based services for individuals with developmental disabilities. The memorial specifically encourages Congress to support the Achieving a Better Life Experience Act of 2009 and to support accounts created under the Act for individuals with developmental disabilities to assist them in paying for certain expenses including education, housing, transportation, employment support, medical care, and certain life necessities. The House passed the Memorial on Wednesday. Read the bill. 

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CS/HB 1603 – Florida State Employees’ Charitable Campaign

The House temporarily postponed consideration of CS/HB 1603 on Wednesday. The bill would delete the power of local steering committees to direct the distribution of undesignated funds and require undesignated funds to be shared proportionally by the participating charitable organizations based on the percentage of designations in each area. Read the bill.

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SB 2440 – Parental Authority/Inherent Risks

On Monday, the House and sent to the Governor CS/SB 2440. The bill expressly authorizes natural guardians, on behalf on any of their minor children, to execute pre-injury releases or waivers, waiving any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees or agents, for damages or injuries incurred due to the inherent risks involved in an activity. A claimant can rebut the presumption that the waiver or release is valid by showing by a preponderance of the evidence that the waiver or release does not comply with the statute. In order to rebut the presumption that the injury or damage to the minor child arose from an inherent risk, the claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity. If a claimant successfully rebuts one of the presumptions, liability and compensatory damages must be established by a preponderance of the evidence at trial. Read the bill.

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HB 7183 – Reorganization of Department of Health

On Wednesday, the House passed CS/HB 7183, substantially reorganizing the Department of Health. Among others, the bill reduces the priority focus areas of the Department from 13 to 8, related to: surveillance of communicable disease; accumulation of health statistics; implementation of interventions that prevent or limit the spread of disease; preparedness functions related to public health emergencies; regulation of environmental activities impacting the state; administration of health and related services to target populations; collection and management of vital statistics data; and regulation of health care practitioners. The bill requires DOH to submit a proposal to the Legislature by November 1, 2010, for a new department structure based upon these responsibilities. Additionally, the bill repeals legislative intent language related to DOH‘s public health mission and defines DOH‘s role in managing and coordinating emergency preparedness. Read the bill.

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