BUDGET UPDATE
Normally, at this point in the legislative session, budget conference committees would be working on resolving differences between the House and Senate budget bills. However, negotiations have been at a stand-still for a few weeks due to a significant disagreement between the House and Senate on funding for the Low Income Pool (LIP), a program that provides funding to hospitals and health providers that provide care for uninsured and low-income Floridians and for an expansion of the Medicaid program. The Senate budget included $2.2 billion for a modified LIP program and set aside another $2.8 billion in federal Medicaid-expansion funding, but the House budget does not include this funding nor does it support the policies related to this funding. The disagreement about these issues has been escalating in recent weeks and today legislative leaders acknowledged they won’t be able to wrap up budget negotiations before the scheduled May 1 end of the 2015 session and that an extended session or special session is likely.
The inability of the legislature to resolve this major difference also means that the legislature has not begun to resolve the differences between the House and Senate education budget provisions. As we have reported previously, both the House and Senate education budgets increase overall FEFP funding by about $750 million — about a 4% increase over the current year – with the House budget providing about $20 million more than Senate in total FEFP funding. The main difference between the two education budgets is that the House focuses on increasing funding for specific programs while the Senate provides more funding flexibility (See our comparison of the House and Senate education budgets at https://fsba.org/wp-content/
TODAY’S HAPPENINGS
In the Senate Fiscal Policy Committee:
SB 908 – Traffic Safety by Altman — PASSED
Providing criminal penalties for certain noncriminal traffic infractions that cause serious bodily injury or death to a person; defining the term “serious bodily injury”; prohibiting passing and turning in front of a vulnerable user in an unsafe manner; providing penalties; prohibiting harassing, taunting, or throwing an object at a person riding a bicycle; providing mandatory revocation of license for a specified conviction, etc.
SB 1232 – Building Codes by Simpson – AMENDED AND PASSED WITH A COMMITTEE SUBSTITUTE (CS)
Revising the certification examination requirements for building code inspectors, plans examiners, and building code administrators; revising legislative intent with respect to the purpose of the Florida Homeowners’ Construction Recovery Fund; exempting certain low-voltage landscape lighting from licensed electrical contractor installation requirements; creating the Calder Sloan Swimming Pool Electrical-Safety Task Force within the Florida Building Commission, etc.
In the Senate Rules Committee:
SB 984 – Exemption/Legislative Lobbying Requirements by Braynon — PASSED
Revising the definition of the term “expenditure”; specifying that the term does not include use of a public facility or public property that is made available by a governmental entity to a legislator for a public purpose, to exempt such use from legislative lobbying requirements, etc.
SB 1372 – Government Accountability by D. Gaetz – TEMPORARILY POSTPONED; PLACED ON RULES COMMITTEE AGENDA FOR 4/20/15
Specifying that the Governor, the Commissioner of Education, or the designee of the Governor or of the Commissioner of Education may notify the Legislative Auditing Committee of an entity’s failure to comply with certain auditing and financial reporting requirements; revising reporting requirements applicable to the Florida Clerks of Court Operations Corporation; expanding the types of governmental entities that are subject to lobbyist registration requirements; revising the responsibilities of the governing board of a charter school to include the establishment and maintenance of internal controls, etc.
In the House SESSION:
HB 41 – Hazardous Walking Conditions by Metz – READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 4/16/15
Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection & identification of hazardous conditions; authorizes district school superintendents to initiate formal request for correction of hazardous conditions; requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition; provides requirements for governmental entities relating to transportation work programs; provides requirements relating to civil actions for damages; & provides for certain interlocal agreements.
HB 7015 – Agriculture and Consumer Services by Agriculture – READ 2ND TIME; PLACED ON 3RD READING FOR 4/16/15
Revises provisions relating to limited certification for urban landscape commercial fertilizer application; Florida Food Safety Act; power & duties of DACS relating to program services; designation of Pompano State Farmers Market; powers & duties of Division of Administration relating to information technology support; powers & duties of Division of Food Safety relating to food & feed sample analysis; powers & duties of Division of Marketing & Development relating to dealers in agricultural products; powers & duties of Division of Consumer Services relating to dealers in agricultural products; Florida Agriculture Center & Horse Park; Florida Agricultural Promotional Campaign; notice of infection of plants; school food & nutrition service programs; Florida Farm Fresh Schools Program; children’s summer nutrition program; commodity distribution services; bond & certificate of deposit prerequisite for agricultural products dealers; & security requirements for grain dealers; & directs Board of Trustees of Internal Improvement Trust Fund to sell specified land & provides for deposit & use of proceeds.
HB 747 – Bright Futures Scholarship Program by Rooney – READ 2ND TIME; PLACED ON 3RD READING FOR 4/16/15
Delays initial award & renewal period for certain students; revises eligibility requirements for home education students; requires student, as prerequisite for Florida Academic Scholars award, Florida Medallion Scholars award, & Florida Gold Seal Vocational Scholars award, to identify social or civic issue or professional area of interest & develop plan for personal involvement in addressing issue or learning about area; prohibits student from receiving remuneration or academic credit for volunteer service work except in certain circumstances.
HB 587 – Educational Professional Practices by Spano – READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 4/16/15
Authorizes certain employees or agents of DOE to have access to certain reports & records; requires DOE to provide liability insurance to certain persons; provides coverage & notification requirements; revises membership of Education Practices Commission; authorizes Commissioner of Education to appoint emeritus members to commission; authorizes commissioner to issue letter of guidance in response to complaint against teacher or administrator in certain circumstances.
HB 383 – Private Property Rights by Edwards – TEMPORARILY POSTPONED
Authorizes governmental entity to treat written claim as pending litigation for certain purposes; provides that certain settlement agreements reached between owner & governmental entity apply irrespective of when agreement was executed; authorizes property owner to bring action to recover damages caused by prohibited exaction; requires owner to provide written notice of such action to governmental entity; authorizes governmental entity to treat such claim as pending litigation for certain purposes; specifies burdens of proof; authorizes award of attorney fees & costs under certain circumstances; waives state’s sovereign immunity for certain causes of action; specifies that action concerning prohibited exaction is not to be construed in pari materia with certain other provisions of law.
In the Senate Judiciary Committee:
SJR 1142 – Ad Valorem Taxation by D. Gaetz — PASSED
Proposing amendments to the State Constitution to allow the Legislature by general law to prohibit increases in the assessed value of homestead and specified nonhomestead real property if the just value of the property declines; providing an effective date, etc.
SB 238 – Athletic Coaches by Ring – NOT CONSIDERED
Requiring an independent sanctioning authority to dismiss an athletic coach ejected from a game for the remainder of that sport season under certain circumstances; authorizing such athletic coach to resume working under certain circumstances, etc.
In the Senate Education PreK-12 Committee:
SB 180 – School Safety by Evers – TEMORARILY POSTPONED
Permitting a school superintendent, with approval of the school board, to authorize a school safety designee to carry a concealed weapon or firearm on school property; requiring school boards to formulate policies and procedures for managing active-shooter and hostage situations; permitting district school boards to commission one or more school safety officers on each school campus, etc. [NOTE: This is the second time that this bill was temporarily postponed in this committee. Ordinarily, this would indicate that the Senate will not allow this bill to move forward in the legislative process.]
SB 1480 – Student Extracurricular Activities by Stargel — PASSED
Revising the principles that guide policies governing student eligibility for extracurricular activities; requiring a district school board’s insurance for participants in extracurricular activities to cover certain students at the same rate as other district school students; designation of the Florida High School Athletic Association as the governing nonprofit organization of athletics in Florida public schools and instead requiring the commissioner to designate, by a certain date, a nonprofit association to be the governing body, etc. [NOTE: This bill would contains several very troubling provisions. It passed narrowly today on a 6-5 vote.]
COMING UP TOMORROW
[REMINDER: Most meetings are available via Florida Channel webcasts at http://thefloridachannel.org]
The Senate Appropriations Committee will meet (9:00 am – 4:00 pm) to consider the following items and others:
SB 154 – Hazardous Walking Conditions by Hays
Revising criteria that determine a hazardous walking condition for public school students; requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions; requiring state or local governmental entities with jurisdiction over a road with a hazardous walking condition to correct the condition within a reasonable period of time, etc.
SB 574 – Electronic Auction Services by Montford
Revising the powers and duties of the district school board to authorize the adoption of rules regarding procurement practices; authorizing a district school board’s use of electronic auction services in conjunction with bid pooling for school buses and related purchases, etc.
SB 622 – Higher Educational Facilities Financing by Montford
Expanding the definition of the term “project” as it relates to the Higher Educational Facilities Financing Act, etc.
SB 874 – Dual Enrollment Program by Stargel
Exempting dual enrollment students from paying certain fees, including technology fees; deleting the requirement that a home education secondary student be responsible for his or her own instructional materials in order to participate in the dual enrollment program; authorizing certain instructional materials to be made available free of charge to dual enrollment students in public high schools, home education programs, and private schools, etc.
SB 942 – Rapid Response Education & Training Program by D. Gaetz
Establishing the Rapid Response Education and Training Program within the Complete Florida Plus Program; requiring the Complete Florida Plus Program to work with Enterprise Florida, Inc., to offer certain education and training commitments to businesses, etc.
SB 972 – Value Adjustment Boards by Flores
Establishing deadlines for value adjustment boards to complete final tax roll certifications; revising the interest rate upon which unpaid and overpaid ad valorem taxes accrue; authorizing the district school board and district county commission to audit certain expenses of the value adjustment board; revising the entities that may represent a taxpayer before the value adjustment board, etc.
SB 7046 – Education by Education PreK-12
Requiring a state research university to enter into and maintain a formal agreement with a specified organization to offer college-sponsored merit scholarship awards as a condition of designation as a preeminent state research university; authorizing a low-performing elementary school to administer the required additional hours of instruction in a summer program; revising the types and amounts of bonuses that a teacher may receive in any given school year, etc.
SB 7082 – FRS / Death Benefits by Governmental Oversight
Authorizing payment of death benefits to the surviving spouse or surviving children of a Special Risk Class member killed in the line of duty under specified circumstances; requiring the State Board of Administration or the Division of Retirement to take certain action upon receipt of notification of disqualification from the Internal Revenue Service; providing for allocations for death benefits authorized by the act, etc.
The House will be in SESSION (10:30 am – completion of business) to consider the following items and others on 3rd Reading:
HB 41 – Hazardous Walking Conditions by Metz
Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection & identification of hazardous conditions; authorizes district school superintendents to initiate formal request for correction of hazardous conditions; requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition; provides requirements for governmental entities relating to transportation work programs; provides requirements relating to civil actions for damages; & provides for certain interlocal agreements.
HB 7015 – Agriculture and Consumer Services by Agriculture
Revises provisions relating to limited certification for urban landscape commercial fertilizer application; Florida Food Safety Act; power & duties of DACS relating to program services; designation of Pompano State Farmers Market; powers & duties of Division of Administration relating to information technology support; powers & duties of Division of Food Safety relating to food & feed sample analysis; powers & duties of Division of Marketing & Development relating to dealers in agricultural products; powers & duties of Division of Consumer Services relating to dealers in agricultural products; Florida Agriculture Center & Horse Park; Florida Agricultural Promotional Campaign; notice of infection of plants; school food & nutrition service programs; Florida Farm Fresh Schools Program; children’s summer nutrition program; commodity distribution services; bond & certificate of deposit prerequisite for agricultural products dealers; & security requirements for grain dealers; & directs Board of Trustees of Internal Improvement Trust Fund to sell specified land & provides for deposit & use of proceeds.
HB 747 – Bright Futures Scholarship Program by Rooney
Delays initial award & renewal period for certain students; revises eligibility requirements for home education students; requires student, as prerequisite for Florida Academic Scholars award, Florida Medallion Scholars award, & Florida Gold Seal Vocational Scholars award, to identify social or civic issue or professional area of interest & develop plan for personal involvement in addressing issue or learning about area; prohibits student from receiving remuneration or academic credit for volunteer service work except in certain circumstances.
HB 587 – Educational Professional Practices by Spano
Authorizes certain employees or agents of DOE to have access to certain reports & records; requires DOE to provide liability insurance to certain persons; provides coverage & notification requirements; revises membership of Education Practices Commission; authorizes Commissioner of Education to appoint emeritus members to commission; authorizes commissioner to issue letter of guidance in response to complaint against teacher or administrator in certain circumstances.
Ruth Haseman Melton
Director of Government Relations
Florida School Boards Association
Office: 850 / 414-2578
Cell: 850 / 509-6411
Email: melton@fsba.org
