2015

Executive Office of the Governor and Agencies Handbook 2015  click to open

The House and Senate Appropriations Committees passed their respective 2015-16 budgets on Thursday, March 26. The two proposed budgets contain an approximate $5 billion difference, as the Senate budget (SB 2500) includes $2.8 billion of federal funds for the expansion of health care coverage, and another $2.2 billion for continuation funding for the Low-Income Pool Program, a program scheduled to expire June 30. The House budget (HB 5001) does not include funding for health care coverage expansion or funding to extend the LIP Program. These differences continue to set the stage for a budget battle that some say may not even be resolved by the end of the regular session on May 1.   The Health Insurance Affordability Exchange (FHIX) bill (SB 7044) was passed unanimously by the full Senate Appropriations Committee on Wednesday, March 25, providing alternative affordable health care coverage to low-income, uninsured Floridians through private insurance. According to a recent poll conducted by Public Policy Polling, 58% of Florida voters support the expansion of health coverage for low income families, compared to 26 % opposed.

Early Learning Bills A bill to increase health and safety standards at early learning facilities by the House Education Committee, CS/HB 7017 is awaiting action by the full House. The companion bill by the Senate Education PreK-12 Committee, SB 7006 is still awaiting action by the Senate Appropriations Subcommittee on Health and Human Services.

Mental Health The Senate Appropriations Committee on Wednesday passedSB 7068 which would change the way mental-health and substance-abuse services are administered, coordinate them with primary health care and seek to increase Medicaid funding for them. “The bill will lead to more continuity and less fragmentation of services,” Senate Health and Human Services Appropriations Chairman Rene Garcia, R-Hialeah, said in a prepared statement. “People suffering from mental illness and substance abuse will receive more effective treatment, and the service delivery system will be more accountable to the taxpayers who fund these important efforts.”   Photo: SaintPetersBlog

Human Trafficking HB 465 by Rep. Ross Spano (R-Riverview), “Relating to Public Records/Human Trafficking Victims,” was unanimously passed the House Judiciary Committee on March 26, and now awaits full House action. The Senate companion, SB 1106 by Sen. Anitere Flores (R-Miami) passed unanimously in the Senate Committee on Criminal Justice on March 23.  The bill now awaits action in the Appropriations Subcommittee on Criminal and Civil Justice. Other bills related to human trafficking include: HB 467 by Rep. Ross Spano (R-Riverview), “Relating to Public Records/Human Trafficking Victims,” was passed by the House Judiciary Committee on March 26 and now awaits full House action. SB 1108 by Sen. Anitere Flores (R-Miami), “Relating to Public Records/Identity of a Victim/Human Trafficking Offenses,” was passed unanimously by the Senate Committee on Criminal Justice on March 31. SB 1110 by Sen. Anitere Flores (R-Miami), “Relating to Public Records/Residential Facilities Serving Victims of Sexual Exploitation and Human Trafficking passed the Senate Committee on Criminal Justice on March 23, and is scheduled to be heard in the Governmental Oversight and Accountability on March 31.

Capit0l Update Florida Developmental Disabilities Council, Inc. 124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981 Phone: (850) 488-4180 / (800) 580-7801 ~ Fax: (850) 922-6702 ~ TDD (850) 488-0956 / (888) 488-8633 http://www.fddc.org Vocational Rehabilitation Senator Don Gaetz has filed SB 802 which addresses the Florida Division of Vocational Rehabilitation (VR). This bill provides for the future repeal of the designation of the Division of Vocational Rehabilitation as the administrative unit for purposes of the Vocational Rehabilitation Act of 1973, subject to legislative review of a required report. The bill also requires the Division of Vocational Rehabilitation to initiate a performance improvement plan designed to achieve specified goals. The bill requires the division to develop and implement a pilot program to improve the state vocational rehabilitation program. If passed, the effective date would be July 1, 2015. The Council is monitoring this bill. The mission of Florida’s Vocational Rehabilitation program (VR) is to help people with disabilities find and maintain employment and enhance their independence. Their goal is to become the first place people with disabilities turn when seeking employment and a top resource for employers in need of qualified employees. The program is housed within the Department of Education. The Legislature directed the Office of Program, Policy Analysis and Government Accountability (OPPAGA) to compile vocational rehabilitation information, including specific metrics, from Florida and nine other of the most populous states. In a research memorandum dated January 5, 2015 for Vocational Rehabilitation, six performance measures were adopted at the federal level were used to compare the states chosen. For example, the Percentage of Employment Outcomes is the percentage of individuals exiting the program during the performance period who have achieved an employment outcome after receiving services. The federal percentage of employment outcomes performance level is 55.8%. The percentage of employment outcomes measure ranged from 62.4% in New York to 35.0% in Georgia; Florida ranked seventh with a performance of 44.0%. March 16, 2015 Volume 15, Issue 3 Florida did better with Competitive Employment Outcomes measure, which is the percentage of individuals who exit the VR program in employment in integrated settings with or without ongoing support services, self-employment, or Business Enterprise Program employment with hourly rate earnings equivalent to at least the federal or state minimum wage, whichever is higher. This measure is based on all individuals exiting the program who have achieved an employment outcome after receiving services. The federal competitive employment outcomes performance level is 72.6%. Competitive employment outcomes percentage ranged from 99.8% in Florida to 89.2% in California. The Change in Employment Outcomes measure is the difference between the number of individuals exiting the VR program who achieved an employment outcome during the current performance period and the number of individuals exiting the VR program who achieved an employment outcome during the previous performance period. The federal change in employment outcomes performance level is greater than or equal to the previous year’s performance. The change in employment outcomes ranged from +1,052 in California to -1,469 in Georgia; Florida ranked second with a performance of +736. The performance measures indicate that while there is room for improvement in some areas, Florida’s VR is also one of the leading states in other areas. We need to remember that Florida’s VR program is serving individuals with significant disabilities, and those with the most severe disabilities receive highest priority for services. The proposals of improving performance and introducing pilot programs are always welcome but the threat of repeal may create instability instead of improvements in the agency The Florida Developmental Disabilities Council has joined Florida ARF with the idea that a better solution to assist the program is to physically reassign it to the Department of Economic Opportunity (DEO). Reassignment makes sense considering recent federal changes to the federal Workforce Opportunity Act (WIOA) significantly change how states are to administer employment services and supports for job seekers with disabilities, and many of the changes fall under the purview of the DEO. Placement of VR within the DEO would ensure better coordination of employment initiatives for individuals with disabilities and would provide VR with direct access to DEO’s employment resources. Florida’s VR program needs more visibility and would benefit from being housed within Florida’s agency that is tasked with creating job opportunities for all Floridians – including those with disabilities. ******************************************************************************************** SB 146 – Relating to Autism by Ring, Cosponsor: Sachs Summary This bill requires that a physician refer a minor to an appropriate specialist for screening for autism spectrum disorder under certain circumstances and requires that certain insurers and health maintenance organizations provide direct patient access to an appropriate specialist for screening for evaluation or diagnosis of autism spectrum disorder. The bill also requires that certain insurance policies and health maintenance organization contracts provide a minimum number of visits per year for screening for or evaluation or diagnosis of autism spectrum disorder. Effective Date: July 1, 2015. The Council voted to support this bill. Actions 11/24/14 SENATE Filed 12/12/14 SENATE Referred to Health Policy; Banking and Insurance; Appropriations Subcommittee on General Government; Fiscal Policy Similar Bills HB 0023 – Relating to Autism by Cruz 12/19/14 HOUSE Now in Health Innovation Subcommittee _____________________________________________________________________________ SB 330 – Relating to Missing Persons with Special Needs by Dean CS Sponsors: Criminal Justice Summary This bill provides for immunity from civil liability for certain persons who comply with a request to release information concerning missing persons with special needs to appropriate agencies. The bill provides for a presumption that a person recording, reporting, transmitting, displaying, or releasing such information acted in good faith. The bill also required the Department of Law Enforcement, contingent on funding, to provide electronic monitoring devices to certain persons with autism spectrum disorder and other disabilities and required the Agency for Persons with Disabilities to make an annual report concerning such individuals to the department. However these provisions were amended out of the bill and another amendment is being crafted to make these electronic devices available by drawing down federal funding for this purpose. (The bill also had required the Department of Children and Families, contingent on funding, to provide electronic devices.) Effective Date: 7/1/2015 Actions 01/28/15 SENATE Referred to Criminal Justice; Judiciary; Children, Families, and Elder Affairs; Appropriations 03/02/15 SENATE Favorable with CS by Criminal Justice; 4 Yeas, 0 Nays 03/03/15 SENATE Committee Substitute Text (C1) Filed 03/16/15 SENATE Meeting Cancelled – Judiciary, 03/17/15, 11:00 am, 110 S Identical Bills HB 0069 – Relating to Missing Persons with Special Needs by Porter 02/05/15 HOUSE Now in Children, Families & Seniors Subcommittee ______________________________________________________________________________ SB 152 – Relating to Disability Awareness by Ring CS Sponsors: Education Pre-K – 12 Summary This bill requires rather than authorizes, each district school board to provide disability history and awareness instruction in all K-12 public schools beginning in 2016-2017. Presentations by individuals with a disability are to be included in the disability history and awareness instruction; the bill also requires each public school to establish a disability history and awareness advisory council; providing membership on the council; providing responsibilities of the council; providing meeting times for the council. The Council voted to support the parts of the bills that require rather than authorize, each district school board to provide disability history and awareness instruction in all K-12 public schools beginning in 2016-2017. And the Council voted to add the flexibility of being able to provide this instruction anytime during the school year instead of just the first two weeks of October. Actions 12/12/14 SENATE Referred to Education Pre-K – 12; Appropriations Subcommittee on Education; Fiscal Policy 02/18/15 SENATE Favorable with CS by Education Pre-K – 12; 10 Yeas, 0 Nays 02/20/15 SENATE Committee Substitute Text (C1) Filed 03/04/15 SENATE Favorable by Appropriations Subcommittee on Education; 7 Yeas, 0 Nays 03/05/15 SENATE Now in Fiscal Policy Similar Bills HB 0123 – Relating to Disability Awareness by Cortes (J) 01/08/15 HOUSE Now in K-12 Subcommittee ____________________________________________________________________________________ HB 71 – Relating to Service Animals by Smith (J) Cosponsor: Sprowls Summary This bill requires a public accommodation to permit use of a service animal by an individual with a disability under certain circumstances. The bill provides conditions for a public accommodation to exclude or remove a service animal. The bill revises penalties for certain persons or entities who interfere with use of a service animal in specified circumstances and the bill provides a penalty for knowing and willful misrepresentation with respect to use or training of a service animal. The Council voted to support this bill. Actions 12/19/14 HOUSE Referred to Government Operations Subcommittee; Judiciary Committee; State Affairs Committee 02/10/15 HOUSE Favorable by Government Operations Subcommittee; 10 Yeas, 0 Nays 03/11/15 HOUSE Favorable with CS by Judiciary Committee; 17 Yeas, 0 Nays 03/13/15 HOUSE Committee Substitute Text (C1) Filed Similar Bills SB 0414 – Relating to Service Animals by Altman 01/28/15 SENATE Referred to Commerce and Tourism; Community Affairs; Fiscal Policy _______________________________________________________________________________ SB 206 – Relating to Financial Literacy Program for Individuals with Developmental Disabilities by Hukill Cosponsors: Detert, Gaetz (D), Sachs, Soto, Galvano Summary This bill establishes the program within the Department of Financial Services. The bill requires the department to develop and implement the program in consultation with specified stakeholders; providing for the participation of banks, credit unions, savings associations, and savings banks. The bill requires the program to provide information and other offerings on specified issues to individuals with developmental disabilities and employers in this state. The bill requires the department to establish on its website a clearinghouse for information regarding the program and to publish a brochure describing the program. Effective Date: 10/1/2015. The Council voted to support this bill. Actions 01/08/15 SENATE Referred to Banking and Insurance; Appropriations Subcommittee on General Government; Fiscal Policy 01/21/15 SENATE Favorable by Banking and Insurance; 11 Yeas, 0 Nays 02/18/15 SENATE Favorable with CS by Appropriations Subcommittee on General Government; 7 Yeas, 0 Nays 02/20/15 SENATE Now in Fiscal Policy SB 256 – Relating to Identification Cards by Sobel Summary This bill requires the Department of Highway Safety and Motor Vehicles to issue an identification card(at the request of parent ,guardian or individual with a developmental exhibiting a special designation (a capital D) for a person who is diagnosed by a licensed physician as having a developmental disability. The bill requires payment of an additional fee of $10 and proof of diagnosis. It authorizes the issuance of a replacement identification card that includes the special designation without payment. Effective Date: 7/1/2015. After several lengthy discussions, the Council did not take action on this bill and will watch it. Actions 01/07/15 SENATE Filed 01/15/15 SENATE Referred to Transportation; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations Identical Bill HB 0519 – Relating to Identification Cards by Murphy 02/05/15 HOUSE Now in Highway & Waterway Safety Subcommittee SB 380 – Relating to Persons with Developmental Disabilities by Bradley Summary This bill requires the Agency for Persons with Disabilities to allow an applicant whose parent or guardian is a member of the United States Armed Forces, the Florida National Guard or the United States Reserve Forces to receive Medicaid home and community based waiver program services under certain conditions. Effective Date: 7/1/2015. The Council voted to support this bill. Actions 01/23/15 SENATE Referred to Military and Veterans Affairs, Space, and Domestic Security; Appropriations Subcommittee on Health and Human Services; Appropriations 02/17/15 SENATE Favorable by Military and Veterans Affairs, Space, and Domestic Security; 4 Yeas, 0 Nays 03/11/15 SENATE Favorable with CS by Appropriations Subcommittee on Health and Human Services; 7 Yeas, 0 Nays 03/13/15 SENATE Now in Appropriations Similar Bills HB 0177 – Relating to Persons with Developmental Disabilities by Hill 03/11/15 HOUSE Favorable with CS by Children, Families & Seniors Subcommittee; 13 Yeas, 0 Nays HB 437 – Relating to Guardians for Dependent Children who are Developmentally Disabled or Incapacitated by Adkins Cosponsors: Van Zant CS Sponsors: Children, Families & Seniors Subcommittee Summary This bill requires continued review of necessity of guardianships for young adults; requires updated case plan developed in face-to-face conference with child, if appropriate, and other specified persons. The bill provides requirements for DCF when court determines there is good faith basis to appoint guardian. The bill provides that probate court has jurisdiction over proceedings for appointment of guardian advocate if petitions are filed for certain minors subject to Ch. 39, F.S., proceedings when such minors have reached specified age; provides that such minor has same due process rights as certain adults and provides that if child is subject to proceedings under Ch. 39, F.S., parents may act as natural guardians unless court finds that it is not in child’s best interests or their parental rights have been terminated. Effective Date: July 1, 2015. The Council is supporting this bill. Actions 01/28/15 HOUSE Referred to Children, Families & Seniors Subcommittee; Civil Justice Subcommittee; Health Care Appropriations Subcommittee; Health & Human Services Committee 02/17/15 HOUSE Favorable with CS by Children, Families & Seniors Subcommittee; 11 Yeas, 0 Nays 02/24/15 HOUSE Committee Substitute Text (C1) Filed 03/04/15 HOUSE Favorable with CS by Civil Justice Subcommittee; 13 Yeas, 0 Nays 03/06/15 HOUSE Committee Substitute Text (C2) Filed 03/09/15 HOUSE Reference to Health Care Appropriations Subcommittee removed; remaining reference: Health & Human Services Committee HOUSE Now in Health & Human Services Committee Similar Bills SB 0496 – Relating to Guardians by Detert 03/12/15 HOUSE Now in Appropriations SB 642 – Relating to Individuals with Disabilities by Benacquisto, Banking and Insurance Cosponsors: Sobel CS Sponsors: Banking and Insurance Summary General Individuals with Disabilities; Creating the “Florida Achieving a Better Life Experience (ABLE) Act”; requiring the Florida Prepaid College Board to establish a direct-support organization known as “Florida ABLE, Inc.”; authorizing the organization to use certain services, property, and facilities of the Florida Prepaid College Board; providing that specified moneys, assets, and income of a qualified ABLE program, including the Florida ABLE program, are not subject to attachment, levy, garnishment, or certain legal process in favor of certain creditors or claimants, etc. Effective Date: Upon becoming a law Actions 02/06/15 SENATE Referred to Banking and Insurance; Appropriations Subcommittee on Education; Appropriations 02/17/15 SENATE Favorable with CS by Banking and Insurance; 11 Yeas, 0 Nays 02/18/15 SENATE Committee Substitute Text (C1) Filed 03/04/15 SENATE Favorable by Appropriations Subcommittee on Education; 7 Yeas, 0 Nays 03/05/15 SENATE Now in Appropriations Compare Bills HB 0937 – Relating to Trust Funds/Florida ABLE Trust Fund/State Board of Administration by Rodrigues (R) 03/12/15 HOUSE Now in Health & Human Services Committee HB 0939 – Relating to Pub. Rec./Florida Prepaid College Board/Florida ABLE, Inc./Florida ABLE Program by Rodrigues (R) 03/05/15 HOUSE Now in Government Operations Subcommittee Similar Bills HB 0935 – Relating to Individuals with Disabilities by Rodrigues (R) 03/12/15 HOUSE Now in Health & Human Services Committee Linked Bills SB 0646 – Relating to Public Records/Information Held by the Florida Prepaid College Board, Florida ABLE, Inc., and the Florida ABLE program by Benacquisto 03/04/15 SENATE Now in Appropriations SB 0644 – Relating to Florida ABLE Trust Fund/State Board of Administration by Benacquisto 03/04/15 SENATE Now in Appropriations ______________________________________________________________________________ SB 7030 – Relating to Postsecondary Education for Students with Disabilities by Higher Education Summary This bill creates the “Florida Postsecondary Comprehensive Transition Program Act”; establishing eligibility requirements for enrollment in the Florida Postsecondary Comprehensive Transition Program. The bill establishes the Florida Center for Students with Unique Abilities and establishes a Florida Postsecondary Comprehensive Transition Program Scholarship for certain qualified students. Effective Date: Upon becoming a law. The Council is supporting this bill. Actions 02/16/15 SENATE Submitted as Committee Bill by Higher Education; 9 Yeas, 0 Nays 02/17/15 SENATE Committee Bill Text Filed 03/04/15 SENATE Favorable by Appropriations Subcommittee on Education; 7 Yeas, 0 Nays 03/13/15 SENATE on Committee agenda – Appropriations, 03/18/15, 1:30 am, 412 K _____________________________________________________________________________ SB 848 – Relating to Employment of Individuals With Disabilities by Richter Summary This bill would legislate the “Employment First Act” and require specified state agencies and organizations from the Executive Order to develop and implement an interagency cooperative agreement. This bill also requires the interagency cooperative agreement to provide the roles, responsibilities, and objectives of state agencies and organizations. Effective Date: 7/1/2015. The Council wrote this bill. Actions 02/20/15 SENATE Referred to Governmental Oversight and Accountability; Commerce and Tourism; Appropriations 03/10/15 SENATE Favorable with CS by Governmental Oversight and Accountability; 4 Yeas, 0 Nays 03/12/15 SENATE Committee Substitute Text (C1) Filed SENATE Now in Commerce and Tourism Similar Bills HB 1083 – Relating to Employment Opportunities for Persons with Disabilities by Rooney 03/09/15 HOUSE Now in Government Operations Subcommittee _______________________________________________________________________________ SB 7022 – Relating to Individuals With Disabilities by Governmental Oversight and Accountability Cosponsors: Galvano Summary This is a proposed committee bill (PCB) for individuals with disabilities. The bill revises definitions and defines the term “individual who has a disability”. The bill revises the state’s equal employment opportunity policy to include individuals who have a disability and requires each executive agency to annually report to the Department of Management Services regarding the agency’s progress in increasing employment among certain underrepresented groups. The bill requires the department to develop and implement certain programs geared toward individuals who have a disability. Effective Date: 7/1/2015. The Council is supporting this bill. Actions 02/03/15 SENATE Submitted as Committee Bill by Governmental Oversight and Accountability; 5 Yeas, 0 Nays 03/04/15 SENATE Favorable with CS by Appropriations Subcommittee on General Government; 6 Yeas, 0 Nays 03/06/15 SENATE Now in Fiscal Policy _______________________________________________________________________________ SB 1008 – Relating to Seclusion and Restraint on Students with Disabilities in Public Schools by Flores Summary This bill requires that manual physical restraint be used only in an emergency when there is an imminent risk of serious injury or death to a student or others. The bill prohibits the use of manual physical restraint by school personnel who are not certified to use district-approved methods for applying restraint techniques. The bill also prohibits school personnel from placing a student in seclusion. The bill requires that parents be notified of a school district’s policies regarding the use of manual physical restraint. Effective Date: 7/1/2015. The Council is supporting this bill. Actions 02/18/15 SENATE Filed 02/27/15 SENATE Referred to Education Pre-K – 12; Appropriations Subcommittee on Education; Rules SB 802 – Relating to Vocational Rehabilitation by Gaetz (D) Summary This bill provides for the future repeal of the designation of the Division of Vocational Rehabilitation as the administrative unit for purposes of the Vocational Rehabilitation Act of 1973, subject to legislative review of a required report. The bill also requires the Division of Vocational Rehabilitation to initiate, by a specified date, a performance improvement plan designed to achieve specified goals. The bill requires the division to develop and implement a pilot program to improve the state vocational rehabilitation program, Effective Date: 7/1/2015. The Council is monitoring this bill Actions 02/13/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Appropriations 03/10/15 SENATE Favorable by Higher Education; 9 Yeas, 0 Nays SENATE Now in Appropriations Subcommittee on Education Identical Bills HB 1153 – Relating to Vocational Rehabilitation Services by Ingoglia 03/09/15 HOUSE Now in Higher Education & Workforce Subcommittee

					 
The House Rules, Calendar & Ethics Committee proposed its special amendment deadlines & procedures for this year's appropriations bills to be adopted on the floor March 17, 2015.


Friday, March 20, 2015 - 8 a.m.
The Appropriations Committee will make electronically available the proposed General Appropriations bill and related implementing and conforming bills to be considered at its meeting on Wednesday, March 25, 2015.

Monday, March 23, 2015 - 4 p.m.
All main amendments for the proposed General Appropriations bill and related implementing and conforming bills must be filed for the Appropriations Committee meeting on Wednesday, March 25,2015. Amendments must be filed with the Appropriations Committee.

Monday, March 23, 2015 - 8 p.m.
Packages of amendments will be made available.

Tuesday, March 24, 2015 - 12 p.m.
All amendments to the amendments and substitute amendments must be filed with the Appropriations Committee.

Wednesday, March 25, 2015 - TBD
The Appropriations Committee will meet.

Friday, March 27, 2015 - 8 a.m.
The General Appropriations bill, implementing bill, and conforming bills, as amended, will be filed, published, and made electronically available.

Monday, March 30, 2015 - 4 p.m.
All requests for main floor amendments for the General Appropriations bill must be submitted to the Appropriations Committee. All requests for main floor amendments for related implementing and conforming bills must be approved for filing.

Monday, March 30, 2015 - 8 p.m.
Packages of amendments will be made available.

Tuesday, March 31, 2015 - 12 p.m.
All requests for amendments to floor amendments and substitute amendments to floor amendments for the General Appropriations bill must be submitted to the Appropriations Committee. All requests for amendments to floor amendments and substitute amendments to floor amendments for related implementing and conforming bills must be approved for filing.

Wednesday, April 1, 2015 - TBD
Second reading

Thursday, April 2, 2015 - TBD
Third reading

Charging Youths as Adults in Criminal Proceedings HB 783 by Rep. Katie Edwards (R-Sunrise) that seeks to reduce the number of youth charged as adults in less serious criminal proceedings is awaiting action in the Justice Appropriations Subcommittee. The bill specifies offenses that allow state attorneys to file information for specified juvenile offenders. More specifically the bill: Prohibits filing information for juveniles with certain conditions; Specifies effects of direct file; Prohibits certain juvenile offenders from being transferred to adult court; Requires the Department of Juvenile Justice (DJJ) to collect specified data and make a report; Specifies minimum age for indictment of juveniles for certain offenses; Prohibits certain juvenile offenders from being transferred to adult court; deletes provis