Legislative Update
Sine Die
April 28 - May 2 2008
Last Days of Session Devolve Into Free-for-All
In the end, neither the Senate President nor the House Speaker was able to pass their top priorities.
It was reflective of the overall tone that stayed true to form all the way to sine die. Relationships devolved into another year of bickering between the Senate and the House over substantive bills that would have solved programmatic and operational problems interfering with the state’s ability to serve our children. As a result, little was done.
Sam Bell, a veteran legislator and children’s lobbyist, told the Daytona Beach News Journal, “It’s been one of the most unproductive and disappointing sessions.” Bell, in his characteristic wry manner, went on to say, “The good news is expectations were so low that I think we met them.”
Even the one ray of hope that emerged in the final minutes of session – the passage of legislation to help autistic children – was steeped in gamesmanship between the two chambers. The Senate passed its version for the final time then adjourned. The House had little choice but to go along.
The autism bill will direct private insurance companies to cover treatments for children up to $36,000 annually and a lifetime cap of $200,000. Children’s Campaign, Inc. salutes the children’s health advocates who stood their ground.
Another ray of hope was more about what didn’t pass than what did. The Detention Bill sailed through the House but was held up in Senate Criminal Justice Appropriations. The bill was opposed strenuously by Children’s Campaign, Inc. and the Florida Association of Counties. Its demise, though, was another symbol of the frustration with this year’s session. The war was fought over going in the exact wrong direction in spite of the Blueprint Commission Report which had charted a better path.
Then there’s the budget. As St. Petersburg Times Tallahassee bureau chief Steve Bousquet wrote in his Saturday column, “It’s a miserable budget, unless you’re in the business of building prisons or providing unemployment benefits.”
The rollbacks were called “precision cuts” by policy-makers. We know that to be simply a marketing term and we’re not buying the product. But we certainly will have to live with it.
Actually, children got the worst of both worlds: deep budget cuts were coupled with an inability to pass no-cost fixes to persistent problems. The few bills still in play in the final hours faced a game of tug-of-war. Unwilling to negotiate and compromise, both chambers called upon advocates to grab a rope while sponsors dug in their heels. Isn’t this the time when Senate and House leaders are supposed to get together to work it out?
It’s broken. We need to work together to fix it.
Children were caught in the gears of the legislative process, as it is referred to by the many Tallahassee insiders. Is it because our leaders do not agree or do not accept that children’s programs are a primary gear of Florida’s economy and its public safety? The multitude of cuts to children’s health, school readiness, education, child protection and juvenile justice would appear to leave little doubt.
Reason, foresight, sympathy: these are the characteristics we so desperately want to attribute to our leaders. In the final days, however, opportunity after opportunity to help our children was squandered. Forget out of the box thinking: this was in the box with the lid sealed.
As outlined in a piece in the Miami Herald, a Sun Sentinel article, and a story in the Tallahassee Democrat, the cuts in education, health care and juvenile justice will have dramatic short term and long term impacts.
Overall, this legislature provided children’s advocates with more defeats than victories. Children, however, do not stand alone. The same fate was extended to public and higher education, health care, the elderly, the environment, and just about everything else.
Roy Miller, President
Note: Mark Eichler contributed to this commentary
Next week we will provide a final wrap-up and a look to the future. The following overview summarizes recently completed legislative business in each Promise Area.
Promise 1: Health Care
Budget Recap
In a slash-and-burn budget environment, just keeping the status quo marks success. Herculean rescue efforts by advocates and insightful legislators saved Healthy Start and Children’s Medical Services. Many deserve thanks for this success. One vital program actually saw a slight expansion. KidCare, Florida’s S-CHIP program, will receive 34,000 new program slots.
Autism: a Late, Rare Victory
As mentioned in our opening above, and long feared to be a victim of politics, SB 2654 (Geller) will become law. In its original form, as passed by the Senate, the bill requires health insurance plans to cover autism spectrum disorder and protects those with Autism from the denial of insurance coverage. Speaker Rubio sought to remove insurance protections in favor of covering all autistic youth through KidCare. But Senator Geller refused to accept such a contrivance. In the end, Rubio conceded and the House passed the Senate bill late Friday.
All were pleased to see new slots added to the KidCare budget. But efforts to provide long-needed administrative fixes to the program, SB 2472 (Rich) and SB 2032 (Fasano), were never seriously debated.
Only at the last minute were these changes briefly considered during autism bill negotiations. Senator Dawson, Chair of the Senate Health Policy Committee, promoted her proposal (SB 888) to reorganize the KidCare program under the Department of Health. Lacking the necessary support, Dawson’s proposal died following committee passage.
Promise 2: Child Protection
Budget Recap
Advocates fought and overcame two proposed cuts in the children’s budget including 70 Child Abuse Investigator positions and Independent Living. Other programs in the promise area were not so fortunate. Healthy Families, a proven child abuse and neglect prevention program, received a $2.5-million cut. Guardian Ad Litem, the program that provides legal support to Florida’s most vulnerable children, received a $1.25-million cut. But the child protection programs hit hardest in this budget cycle involved Community Based Care and adoption subsidies to the tune of $30-million. Lawmakers did amend a last minute bill giving DCF authority to access unused trust funds to cover the shortfall in adoption subsidies. Concern exists, however, that the overall cuts were so deep that funds may not be available for the transfer.
Both Florida Children First and the Florida Coalition for Children issued press releases in the last week of session, attempting to rally some last minute reprieves. DCF Secretary Bob Butterworth was glum when speaking to the press, noting the cuts to sheriffs who handle child abuse investigations and wondering if they would continue to be involved. He portended crises in the effort to protect children in the days to come.
Bullying Bill to Become Law
Legislation to prevent in-school bullying, HB 669 (N. Thompson, Bogdanoff, Aubuchon), was passed unanimously by the House on April 18 and the Senate on April 25, clearing the bill for the Governor’s signature. Senator Baker also deserves recognition for introducing and successfully shepherding the Senate bill. The proposal defines "bullying" as systematically and chronically inflicting physical hurt or psychological distress on one or more students. A host of advocates joined through the Florida Safe Schools Coalition are celebrating the passage of this proposal. Equality Florida and the Florida PTA were prominent backers. Upon the Governor’s signature, Florida will become the 36th state to adopt anti-bullying laws.
Missing Children
The House and Senate have both passed HB 7077 (Galvano) unanimously, preparing the bill for the Governor. The proposal authorizes the Department of Children and Family Services to adopt rules assisting in the location and recovery of missing children who are involved with the DCF.
Promise 3: Early Care
Budget Recap
If children are our “greatest resource” then there is no better investment than early care. Yet support for Florida’s youngest learners was reduced substantially. The School Readiness budget will receive a cut of $11.6-million. The impact on early care programs is uncertain, as these funds also support after school programs. Administrators will have some discretion over their allocation.
The Voluntary Pre Kindergarten Program (VPK) did see a modest budget increase, approximately 3%. However, it appears that more program participants will result in a net $49 decrease in per-child spending. VPK will allocate $2,628 per child in FY 2009. However, this is not as severe as the $130 per student decrease per student in K-12.
Promise 4: After School
Budget Recap
As noted earlier, the School Readiness budget cut of $11.6-million will impact after school and early care programs. Shortfalls in this program budget tend to have a deeper impact on after school programs, as administrators seek to lessen the burden on the younger kids. Again, administrators will have some discretion over the allocation of these funds.
Children’s Zones
HB 3 (Bendross-Mindingall), legislation to bring Children’s Zones to Florida, has passed both chambers. Senator Bullard, sponsor of the companion bill, also deserves recognition for this success. Unfortunately, a last-minute change to the bill will result in the program only being extended to one site, in Miami. Four initial sites were originally envisioned for Children’s Zones, which is modeled on a New York program. The governor’s signature is expected despite his veto of a similar proposal last year.
Promise 5: Juvenile Justice
Budget Overview
Legislators will go home and trumpet that no cuts were made to the state’s criminal justice and corrections budget compared to last year. It’s a deceptive comment. Juvenile justice and other public safety programs were slashed to make way for new prisons and their hefty price tag of $400-million.
Following strong advocacy, Juvenile Assessment Centers, “JACs”, will now receive a modest cut of $390,000. Similarly, the PACE Center for Girls proposed cut of $800,000 was reduced to $200,000. Other juvenile justice programs were not so fortunate.
The total Department of Juvenile Justice budget is $643-million, down from over $690-million last year. CINS/FINS (Children in Need of Services / Families in Need of Services), a nationally known and respected leader in prevention and early intervention programs, will suffer deep cuts of 11.4% or $1.8-million. The Girls Advocacy Project (GAP), which identifies girls needing a helping hand rather than a jail cell, will be forced to close the Fort Myers center and serve in a limited capacity at the Miami-Dade detention center. Both the Orlando and Palm Beach GAP centers will remain open. Day Treatment services will see their budget cut but by $2.16-million. Residential services also saw cuts across the board. The $265-million residential services budget reflects cuts of $2.9-million from low risk, $5.6-million from moderate risk, and $15.1-million from secure/high risk beds.
Controversial Detention Bill Falls Short
As noted in our opening above, SB 792 and HB 273, counterproductive juvenile detention bills, will not become law. This legislation, which runs counter to Blueprint Commission recommendations, would result in a widening detention net especially impacting girls, longer detention times and the removal of key decisions from experienced juvenile justice personnel. An April 22 Palm Beach Post story highlighted concerns with the bill.
Blueprint Bill Booted
The Blueprint Commission Bill (HB 7087) will not become law this session. Many of the bill’s provisions enjoy broad support among legislators. A tug of war between House and Senate versions led to its demise.
Gang Violence
House and Senate passage of an anti-gang bill, HB 43 (Snyder), readies the proposal for the Governor. The measure subjects gang leaders to life imprisonment and criminalizes recruitment of members and other specific gang activities. It also provides police with new powers to prevent gangs from meeting at established “hangouts”. Governor Crist is expected to sign the bill into law. As pointed out in a Palm Beach Post article, the ACLU of Florida may take legal action based on its concerns with the proposal after its enactment.
To read bills for each of the Promise areas simply click on the Promise of interest:
1. Promise 1 - Pre-natal, Infant, and Child Health Care
2. Promise 2 - Safety, Permanence, and Services to Children in Out-of-Home Settings
3. Promise 3 - High Quality Pre-K, Child Care, and Early Learning Opportunities
4. Promise 4 - Safe and Enriching Before and After-School Experience
5. Promise 5 - Delinquency Prevention Programs and Services to Treat Children with Problem
Legislative Update was brought to you by:
Roy Miller, President
Mark Eichler, Contributing Writer
Christen Smiley, Communications Coordinator
Amanda Ostrander, Bill Tracking
We acknowledge the entire Legislative Team of Children’s Campaign, Inc. who work tirelessly during legislative session on behalf of Florida’s children.