Session 2007
Sine Die (until Special Session)
Newspapers across the political spectrum of opinion weighed in mightily over the weekend with nearly unanimous agreement that legislative session was mostly one of missed opportunity. The St. Petersburg Times headline was “Too often, they fell short” and lamented “…the balance tilted toward special interests instead of everyday Floridians”. Across the Bay, The Tampa Tribune stated “lawmakers will be remembered as much for what they didn’t do.” More stinging in its frustration, the Palm Beach Post singled out the Senate leadership for not bringing the KidCare package forward while the Daytona Beach News Journal warned “Children with out net” and wagged its finger that KidCare faltered from unresolved bickering.
Adjourning at one of the earliest times in the past 20 years (you have to go back to 1979 when the Legislature adjourned at noon to beat it), 4:10 p.m. on Friday, May 4th, the Senate and the House dropped the handkerchief on Session 2007. But they’ll be back. A special session on property tax has been set to start on June 12 and news organizations and advocates alike are asking for KidCare to be placed on the agenda.
All in all, this was a Session of small victories and bigger disappointments for Florida’s children and families. Although the state of our children was covered extensively by the media, and the Governor and Chief Financial Officer were vocal in support of many important initiatives, the Legislature choose to put sales tax holidays, payments to HMOs, benefits to the film industry, and pet projects in front of the needs of children and families.
Children’s advocates, however, can take solace in some victories, knowing that each step forward builds capacity and opportunity for the future.
Here is your 2007 Session wrap up:
All Promises:
Children’s Cabinet
The most noteworthy victory of the session was championed by Senator Nan Rich (D-Weston) and Representative Loranne Ausley (D-Tallahassee) in creating the Florida Children & Youth Cabinet within the Office of the Governor. In a press release from her office on May 3rd, Senator Rich stated, “The Florida’s Children’s Cabinet is designed to promote interagency collaboration in order to better deliver services to children and families.”
State agencies and programs that touch the lives of children and youth will work in a coordinated and comprehensive fashion, with an emphasis on providing a continuum of services that benefit children from prenatal care through programs supporting successful entry into adulthood.
According to the Southwest News-Press article, “House approves creation of children’s cabinet”, Rep. Ausley stated, “The cabinet would force the heads of state agencies to work together on a host of challenges that prevent state services from reaching the children most in need.”
This legislation was based on the input of parents, providers, teachers, and advocates across the state who participated in the Children’s Summit held in October 2006.
Promise 1:
Healthy Start
Concern was raised among Healthy Start supporters early last week that the final budget may contain cuts for the program. The Healthy Start Coalition sent out notice requesting supporters to reach out to their legislators urging 3-million in recurring dollars to be allocated to the program, so that they can continue to provide the same level of service as last year while lessening the impact of some funding inequities across the state.
In the end, the State Budget Conference Chairs of the Health and Human Services/Healthcare Committee agreed upon increasing the Healthy Start Coalition appropriation by the requested $3-million in state revenue dollars. These funds will draw down additional federal dollars pushing the total closer to $5-million.
Each of the Healthy Start Agencies around the state appear to be beneficiaries of this increase. Legislators leading the charge for this victory include Senator Wise (R – Jacksonville), Senate President Pruitt (R- Port St. Lucie), Senator Aronberg (D – Greenacres), Representative Ausley (D – Tallahassee), and Representative Machek (D – Delray Beach)
KidCare
Attributed to a vast array of reasons in the media from bickering between Senators and Senate President Pruitt’s ultimate pronouncement that it wouldn’t be considered, the KidCare bill was never heard on the Senate floor. This means that none of the substantive changes needed to remove barriers, enroll more of Florida’s uninsured children, and bring the program back to its heyday as a national model will occur. The only hope for Florida’s 500,000+ uninsured children will be if legislative leadership schedules the issue to be heard during Special Session.
In vast difference to the Senate, the House of Representative passed KidCare legislation quickly and definitively. The bill, which was supported by most healthcare and child advocates, removed administrative barriers, expanded enrollment to include immigrant children and children of state employees, required that the benefits available to all KidCare components shall meet federal Medicaid Early and Periodic Screening Diagnosis and Treatment program standards, and eliminated Benchmark benefits. Unfortunately, none of these improvements will make it to the families that most need them.
Another important aspect of the debate during Session involved the allocation from the state. The Children’s Campaign distributed a press release with bold statements from Congresswoman Castor (Tampa Bay) and Chief Financial Officer Alex Sink supporting the positive legislative changes but stressing the importance of funding the program to reach Florida’s uninsured children. The current $18+ million allocated by the House and Senate will not reverse the disturbing trend of Florida returning unspent federal matching funds and could result in having future federal allocations cut. Legislative “spin” puts the total funding at $50-million but this includes the federal match. What was needed was $50-million in new state dollars that would have brought down more than a hundred million in new federal funds.
To read the full press release click here.
Promise 2:
ChildNET
Swift action by ChildNet’s board that resulted in the firing of the CEO kept their child welfare contract in place and its services to 3,500 foster children in Broward County. Department of Children and Families Secretary Butterworth appeared before the Senate Children, Families and Elder Affairs Committee and assured members that ChildNet was on the path to recovery. Interim President/CEO, Larry Rein, was also in attendance and apologized on behalf of ChildNet for the previous organizational abuse of public trust. He summarized the immediate action he has taken and said he would comply with DCF’s corrective actions.
Earlier this month, ChildNet, Inc., Broward County’s lead agency for community based care, was under investigation by state and federal authorities for financial impropriety, fraud, vehicle safety, computer security breaches, lack of internal controls and other serious charges.
Guardian ad Litem (GAL)
Guardian ad Litem did not receive an increase in funding over last year’s allocation although they continue to be required by law to cover all children involved in dependency court cases. Funding continues at a stagnant level despite the release of a report by the federal child advocacy group First Star which assigns Florida a failing grade due to lack of attorneys representing children in dependency cases.
In dependency court there is an attorney that represents the parents’ interest and an attorney from the Department of Children and Families that represents the best interest of the family and state. The child only gets an attorney to represent their best interests if they are appointed a Guardian ad Litem, then due to shortages they are usually represented by a lay-person supported by an attorney with excessive caseloads.
To read more click here for the Miami Herald article written by David Crary
Independent Living
Legislation sponsored by Rep. Glorioso (R – Plant City) and Sen. Rich (D – Broward) that would limit the liability of a caseworker who signs application for driver's license for minor who is in foster care; revise the eligibility criteria for independent living transition services & for Road-to-Independence Program; increase the age limit for eligibility for certain persons to qualify for medical assistance payments; and provide for removal of disabilities of certain minors for purposes of securing depository financial services is on its way to the Governor. This bill (HB1215) will give older foster children an easier time obtaining a driver’s license, an important step towards independence.
A moving article in the Daytona Beach News-Journal, written by Deborah Circelli tells the stories of three youth in foster care facing “aging out” and overcoming obstacles. To read the article click here.
The article also discusses independent living funding. An additional $18-million was requested this year to help the state serve the youth “aging out” of foster care. The services only received an additional $1-million. Quoted in the article about the funding issue, Department of Children and Families Secretary Bob Butterworth stated “There's no excuse for this in society, we spend money on so much other useless stuff. This is one where money can solve the problem.”
Promise 3:
Universal Pre-Kindergarten
Degreed teachers for pre-k did not pass this Session, but with support from Governor Crist, CFO Sink and other legislative leaders, and the visibility that publicity around the state has raised, this issue will certainly be addressed next Session along with other improvements to the pre-k program. These improvements would not be on the horizon without the amazing work of Generations United and their communications with Florida’s former governors, the op-ed by leading Floridian Martha Barnett, the press conference with Governor Crist and CFO Sink supported by Herrle Communications, the teacher capacity report issued by TaxWatch, and the interest from key leaders in Florida in support of pre-k this Session.
Children’s Campaign will work to ensure that degreed teachers will be at the forefront of the pre-k discussion throughout the summer and fall, including information pieces, direct mail, speaking engagements, community forums, and take actions. Stay tuned to participate in the movement to bring high quality pre-k to all of Florida’s four-year-olds.
The final student allocation in the Senate and the House is $2,611 which is .4% less than the Governor’s request of $2,622.46 per student. The total House and Senate appropriation is $15.5-million less Governor’s, and will provide for 142,677 four-year-olds to enroll in the program.
Promise 4:
After-school
On Tuesday, April 24th more than 300 afterschool advocates and 60 youth gathered in Washington, D.C. for the Afterschool for All Challenge. The purpose of the event was to inform federal lawmakers about the importance of quality after-school programs in children’s success, and ask them to make afterschool services a federal priority. The group also specifically supports increased funding for the 21st Century Community Learning Centers program, and advocates for all of Congress to join the Afterschool Caucus.
For more information click here.
To get involved click here.
In state news, legislation that included language for an afterschool study to be undertaken by the Office of Program Policy Analysis and Government Accountability (OPPAGA) died in committee or messages. However, all is not lost. Senator Fasano (R – New Port Richey) acting as chairman of the Transportation & Economic Development Appropriations Committee sent a letter to Senate President Pruitt requesting that OPPAGA study Florida’s afterschool program. President Pruitt needs to approve the letter and forward the request to OPPAGA.
Promise 5:
Eckerd Youth Alternatives Lay-offs
Thirty positions were cut from Eckerd Youth Alternatives (EYA), including the closure of its Tallahassee Office. EYA is a private non-profit organization which serves boys and girls ages 8-18 who are at risk or exhibit emotional and behavioral problems at home, at school and in the community.
According to Tom Denham, a spokesman for Eckerd Youth Alternatives, 18 actual staff were affected in the layoffs but none of the front line staff had been cut.
One of the top ranking officials laid off was John Wilson who happens to serve as the Florida Juvenile Justice Association’s (FJJA) Board Chair. Cathy Craig-Myers, Executive Director of FJJA reflected on the root cause of the EYA restructure saying, “With no resources available this year through the legislature, even highly respected and well-endowed organizations such as Eckerd have been forced to scale back operations in order to stay viable.”
It is yet another example of juvenile justice programs laboring under the burden of the huge budget gap in juvenile public safety. Ms. Craig-Myers continued, “We may soon see other organizations follow suit.”
When asked about the provider budget crisis and its role in the layoffs, Tom Denham stated “not getting any rate increases in several years certainly doesn’t help.”
Martin Lee Anderson
The full Senate heard and passed a bill (SB 2968) to award the estate of Martin Lee Anderson the $5-million requested by Governor Crist. With comparable House action, the compensation bill passed the legislature and was sent to the Governor for signature.
Martin Lee Anderson was the fourteen year-old boy whose death in January 2006 at the Bay County Boot Camp was exposed worldwide in a highly charged videotape of the incident. His death has already resulted in the closing of boot camps around the state.
The Senate Criminal Justice Committee, lead by Senator Crist (R-Tampa), was the final stop for the bill as it moved toward the Senate floor, and it was there that Senator Crist replaced the Special Master’s recommendation of $2.5-million with the $5-million requested by the Governor.
Sen. Hill (D-Jacksonville) the bill’s sponsor commended Sen. Crist and the committee for their actions, stating, “The state of Florida is trying to right a wrong.”
Girls Advocacy Project (GAP)
After a few nail biting weeks, when it appeared that Florida would loose a nationally recognized program serving girls, GAP expansion has received its 500,000 for next year in the legislative budget. Heroes for this program include Chief Walter McNeil, Secretary for the Department of Juvenile Justice, Representatives Sansom, (R-Panhandle), Dean (R – Inverness), and Hasner (R- Delray Beach), and the full range of members of the Criminal Justice/Safety and Security Conference Committee. Their efforts were supported in conference by Senators Carlton (R-Sarasota) and Crist (R-Tampa).
This victory for girls would not have happened without the tireless work of advocates from GAP, Junior Leagues of Florida, and Children’s Campaign staff, board members, and consultants.
Juvenile Justice Education Programs
Nick Millar, Associated Marine Institutes as well as other advocates, have been working closely with Senator Wise (R – Jacksonville), Representative Pickens (R – Palatka), Representative Traviesa (R - Tampa) and education staff to procure a $12.5-million stipend for education programs that serve youth in the juvenile justice system. Programs will receive an additional stipend per child as an incentive to reach out to children being served by DJJ.
This is a significant step forward for Florida’s troubled youth, and a great thank you goes out to legislative champions and advocates who promoted this important program.
Special Recognition – Budd Bell
Florida’s own powerhouse, 91 year old, lifetime advocate Bess (Budd) Bell is one of four finalists to receive a prestigious honor from the National Academy of Elder Law Attorney (NAELA) focusing on elder involvement in state or national issues.
Budd Bell has dedicated the past 66 years helping the elder population, people with disabilities, low-income families, mentally ill, and especially children. She was instrumental in the development and implementation of numerous landmark piece of legislation affecting the citizens of Florida. To learn more about the history of Florida’s social services you only have to google her name.
She has been called the “conscience of the state”, and has never failed to speak up for what she believes, a true advocate, Florida would not be what it is today without her influence.
For up-to-date information please contact Children’s Campaign, Inc.
Roy Miller- President
Amanda Ostrander - Deputy Communications Director
Promise 1 - Pre-natal, Infant, and Child Health Care -
http://www.iamforkids.org/info/promise1/current_legislation
Promise 2 - Safety, Permanence, and Services to Children in Out-of-Home Settings - http://www.iamforkids.org/info/promise2/current_legislation
Promise 3 - High Quality Pre-K, Child Care, and Early Learning Opportunities - http://www.iamforkids.org/info/promise3/current_legislation
Promise 4 - Safe and Enriching Before and After-School Experience - http://www.iamforkids.org/info/promise4/current_legislation
Promise 5 - Delinquency Prevention Programs and Services to Treat Children with Problems - http://www.iamforkids.org/info/promise5/current_legislation