Issue #6 February 17, 2012

Proposed Budgets Nearing Conference

On Wednesday, the Senate Budget Committee passed a proposed 2012-2013 state budget totaling $70.7 billion, about $1.5 billion larger than the $69.2 billion House version, which the full chamber has already passed.

The two chambers are about $200 million apart in terms of general revenue spent on health care, with major differences in how to fund substance abuse and mental health services: the House calls for an additional $32 million of services, while the Senate calls for a 40 percent cut, or about $90 million reduction.

Next stop for the Senate budget is on the Floor, where it is scheduled to be heard next Thursday.

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School Readiness Assaulted

Three weeks into session, the House released several bills that would – to varying degrees – damage Florida’s school readiness system; a system that the Auditor General’s Office testified earlier this session is a “model” for the rest of the country.

This week, three of those bills were passed out of their respective committees. A Senate bill – the best of the bunch, but still containing some problem provisions – also passed out of committee. Here are the bills in play at this time, which are summarized in the next article:

          • CS/SB 1794  (previously SB 7080) – Senate Budget Committee Conforming Bill; Passed by the Budget Committee on Wednesday.

          • SB 1758 – Senator Anatere Flores; Tabled by the Senate Pre - K Education Committee on Tuesday.

          • CS/HB 7119 – Business & Consumer Affairs Subcommittee and Representative Ahern; Passed by the Economic Affairs Committee on Thursday.  

          • CS/CS/HB 5103 – PreK-12 Appropriations Subcommittee, Coley; Passed the House last Thursday.

          • CS/HB 7085 – Fresen; Passed the Education Committee on Tuesday (addresses only VPK).

The United Way of Florida supports continued evaluation of, discussion about, and improvements to the state’s school readiness and VPK programs. However, these bills are unacceptable. The school readiness system has evolved over time and has worked well. The state invests hundreds of millions of dollars annually into the program. It is imprudent and unwise to fundamentally restructure the entire program during a rushed, four week period in the middle of session. If change is needed and is to be made without the potential for huge unforeseen consequences, it should be done in a more deliberative process after session.

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Overview of Early Education Bills

Below is a brief summary of the key issues addressed in the early education bills currently under discussion in the Legislature:

SB 1974 (previously SB 7080) was passed by the Budget Committee on Wednesday. Among others, the bill:

• requires the Office of Early Learning (OEL) to adopt a uniform chart of accounts for budgeting and financial reporting, which provides standard definitions for expenditures and reports for each of the following categories:

     • direct expenditures for services to children;

     • administrative costs;

     • non-direct expenditures; and

     • quality.

• removes Early Learning Coalition (coalition) authority to expend funds on “support services” beyond those listed in the bill:

     • child care resource and referral services;

     • warm-line services;

     • eligibility determinations;

     • child performance standards;

     • child screening and assessment;

     • developmentally appropriate curricula;

     • health and safety requirements;

     • statewide data system requirements; and

     • rating and improvement systems.

• requires prioritization of federal and state funds for direct services;

• requires pre- and post-assessment aligned with performance standards with the pre-assessment performed within 45 days after enrollment;

• requires adoption of a statewide, standardized contract that can not be added to and must be used by coalitions when contracting with school readiness providers;

• requires adoption of a statewide, standardized contract monitoring tool that must be used by each coalition when monitoring compliance of school readiness providers;

• specifies that OEL shall coordinate with other state agencies to perform data matches on families participating in the school readiness program in order to ensure proper eligibility for the school readiness program;

• requires 31 or fewer coalitions and that each coalition serve at least 1,700 children per month, and if a coalition serves fewer children then it must merge with another coalition to form a multi-county coalition;

• requires a parent co-payment of at least 10 percent of a family’s income. A coalition may grant a waiver on a case-by-case basis and in accordance with federal law;

• provides that after school service priority be given to a child who is younger than 13 years of age and who is a sibling of a child enrolled in the school readiness program and that other low income children will not be eligible unless at risk;

• provides that no more than 18 percent of a coalition’s funding may be used for administrative, nondirect and quality expenditures, and total administrative expenditures must not exceed 4 percent; and

• requires the OEL to adopt payment rates for school readiness providers based on the prevailing market rate schedule.

Read the bill.

SB 1758 was tabled by the Senate Prek-12 Education Committee on Tuesday.

Read the bill.

CS/HB 7119 was passed by the Economic Affairs Committee on Thursday. Among others, the bill:

• provides that curriculum by a sectarian provider may not be limited or excluded;

• requires the Office of Early Learning (OEL) to maintain a single statewide database;

• specifies that a standard, statewide provider agreement must be used between coalitions and providers and it cannot be deviated from;

• requires OEL to coordinate with the Department of Economic Opportunity to perform data matches on families in the school readiness program and receiving unemployment compensation;

• requires statewide pre- and post-assessment aligned with the child development standards be implemented and used by providers to inform classroom instruction (may not be used to evaluate providers);

• provides that OEL shall adopt a list of approved curricula and create a review process to determine if a provider’s curriculum meets child development standards;

• requires OEL to develop a coalition scorecard to measure coalition performance;

• provides that no more than 31 coalitions may be established, and each coalition must serve at least 1,700 children or merge with another coalition;

• provides that coalition boards be composed of at least 15 but not more than 30 members;

• authorizes OEL to contract with a “qualified entity” to administer the school readiness or VPK program if a coalition does not merge as required or follow the law;

• requires that coalitions use a standard monitoring tool to monitor providers to ensure they are licensed, ensure basic health and safety, enhance age appropriate progress of each child, implement an OEL approved curriculum, and ensure minimum standards of discipline;

• provides that after school service priority be given to a child who is younger than 13 years of age and who is a sibling of a child enrolled in the school readiness program and that other low income children will not be eligible unless at risk;

• provides that children will be disenrolled if their parents are unemployed for more than 30 days; • provides that no more than 18 percent of state and federal funds may be used by a coalition on administrative, “quality” and nondirect activities, and total administrative expenditures must not exceed 4 percent;

• limits “quality activities” to: resource and referral programs, grants to providers, training and technical assistance, pre- and post-assessments, and responding to warm-line requests;

• requires that a sliding fee scale for parent co-payment be implemented, which can be waived on a case-by-case basis for at-risk children;

• provides for investigations of and penalties against persons defrauding the system; and

• repeals the Child Care Executive Partnership and provides that OEL will run the Executive Partnership Program.

Read the bill.

CS/CS/HB 5103 was passed by the House last Thursday. Among others, the bill:

• allows expenditures for activities to improve the quality of child care, including warm-line services, parent training, developmental and health screenings for school readiness children, and implementing uniform pre/post assessments;

• limits Early Learning Coalition (coalition) expenditures to:

     • 4 percent for administration;

     • 8 percent for nondirect expenditures; and

     • 6 percent for quality activities.

• allows coalitions to expend any unused funds, within the expenditure limits from administrative activities and nondirect services, for quality activities;

• removes eligibility for after school services for children of working poor parents unless they are at risk. (At least 32,000 six, seven, and eight year olds will be dis-enrolled from after school services across the state. The projected $26.2 million “saved” will be used to increase the number of slots for 0-5 year olds.); and

• reduces the minimum number of allowable coalitions from 31 to 25 and the minimum number of children that a coalition must serve from 2,000 to 1,700, and removes the ability of a coalition to receive a waiver preventing it from having to merge with another coalition.

Read the bill.

CS/HB 7085 was passed by the Education Committee on Tuesday. The bill:

• requires OEL to adopt by rule a statewide VPK provider agreement, prohibits a coalition from omitting, supplementing, or amending provisions of the agreement, prohibits a coalition from inserting or including attachments, addenda, or exhibits to the agreement, and prohibits modifications to the agreement;

• repeals provisions in current law that provide an aspirational goal for the 2013-14 academic year that each VPK class have at least one prekindergarten instructor who holds a bachelor’s or higher degree in the field of early childhood education or child development; and

• requires that VPK providers amend their student enrollment counts by December 31 for the prior fiscal year.

Read the bill.

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Background Screening Bill Keeps Moving

In 2010, the Florida Legislature adopted sweeping changes to Florida’s background screening law, requiring thousands of prospective employees and volunteers to get state and federal background (Level 2) screenings before they can work or volunteer to work with vulnerable populations - children, the elderly, and the disabled. The new screening requirements have caused significant problems for many employers, employees, volunteers, and nonprofits that use volunteers.

On Thursday, CS/CS/HB 943 passed the House Health & Human Services Committee. Among others, the bill:

• exempts from Level 2 background screening:

     • volunteers serving the elderly on an intermittent basis for less than 20 hours per month, provided they are not listed on the Department of Law Enforcement Career Offender Search or the Dru Sjodin National Sex Offender Public Website;

     • physicians, nurses, and other professionals licensed by the Department of Health, who are screened as part of their licensure;

     • relatives;

     • law enforcement officers with active certifications; and

     • attorneys in good standing with the Florida Bar.

• provides that an employer may hire an employee to a position that requires background screening before the employee completes the screening process for training and orientation purposes. However, the employee may not have direct contact with vulnerable persons until the screening process is successfully completed;

• requires LiveScan vendors to meet certain standards; and

• restores an exemption from screening removed last year for mental health personnel in hospitals licensed pursuant to Chapter 395, F.S., who have 15 hours or less direct contact with patients per week and who are not listed on the Department of Law Enforcement Career Offender Search or the Dru Sjodin National Sex Offender Public Website. However, those working in facilities where the primary purpose is mental health treatment of minors must still be Level 2 screened.

The bill also creates a new, first-of-its-kind-in-the-country background screening Clearinghouse that must be up-and-running by September of next year. The secure, internet web-based system will allow the state agencies most involved with background screening to share screening results. The agencies are the Agency for Health Care Administration, Florida Department of Law Enforcement, Department of Elder Affairs, Department of Children and Families, Department of Juvenile Justice, Department of Health, and Agency for Persons with Disabilities.

As the Clearinghouse is built, employees and volunteers will only have to be screened once every five years, unless they leave employment or volunteer service for more than 90 days, in which case they will only have to pay for the federal screen, not the FDLE screen or LiveScan fee. Today, all three fees must be paid whenever a person enters a new job or volunteers in a position requiring screening.

Also, employers will have to register their employees with the Clearinghouse and update their employment status, so FDLE can immediately notify them if an employee has been arrested for a disqualifying crime.

Read the bill.

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KidCare Bill Needs Your Help

Last February, the Commonwealth Fund released its first State Scorecard on Child Health. According to the Scorecard, Vermont and Iowa lead the nation in providing health care to their children. Arkansas is 48th and Mississippi is 49th, no surprise. Guess who is 50th? In last place? … Florida.

This year, the Florida Legislature has an opportunity to not only help its legal immigrant children and move up in the rankings, but to do so in a way that actually saves money.

SB 1294, which was passed by the Senate Health Regulation Committee on Thursday, would provide health care coverage for an additional 20,550 children who are uninsured and using more expensive means of getting health care such as hospital emergency rooms.

It is estimated that the state’s cost to cover these children in the KidCare program will be approximately $23.5 million, which would draw down an additional $36.2 million in federal dollars.

But no money is actually needed to remove the barriers for these legal immigrants – or to cover children of state employees. Why? Because due to an increase in people living in poverty in Florida the FMAP (federal match for Medicaid) has increased by 1.8 percent for 2012. This means that approximately $45.6 million in general revenue that is currently spent on children who are in the Medicaid program will be replaced by federal dollars. While this more than covers the cost – and brings to Florida even more money to cover more children – an additional $12.8 million remains unspent in the KidCare program from 2011.

This no-cost investment in Florida’s children will yield enormous benefits, not only in child health and well bring, but in actual dollars coming to Florida to help these and others access much needed health care.

Please contact your legislators and urge them to pass SB 1294, and elevate Florida from last place in child health.

Read the bill.

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T.E.A.C.H. in Both Budgets

The Teacher Education and Compensation Helps (T.E.A.C.H.) program provides scholarships to child care practitioners/teachers to help them improve their educational status, so they are better prepared to address the developmental needs of children in their care.

T.E.A.C.H. is the only state-level quality initiative for Florida’s School Readiness programs. It first received state funding in 1998. The program improves quality of care by significantly reducing turnover and providing financial incentives to increase the education of teachers who earn on average only about $9 an hour.

This year, the Legislature appropriated $3 million to T.E.A.C.H. Both the Senate and House proposed budgets for 2012-2013 include full funding for the T.E.A.C.H. program at $3 million.

To find out more about T.E.A.C.H., visit the Children’s Forum website.

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Unhealthy SNAP Snacks Out

On Monday, the House Health Care Appropriations Subcommittee passed CS/HB 1401 which restricts the use of SNAP (food stamps) and TANF (Temporary Assistance for Needy Families) cash assistance benefits. A hotly contested provision in the bill that would have prohibited use of SNAP benefits for "unhealthy foods" was stripped from the bill. "Unhealthy foods" included such items as candy, cupcakes, doughnuts, popsicles, Jell-O, pudding, pretzels, popcorn, potato chips and other salty snacks.

The bill still prohibits TANF recipients from using their EBT cards at ATMs outside the state of Florida and at ATM machines at certain establishments, including strip clubs, liquor stores, bars and gambling establishments.

Read the bill.

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Will Massive Overhaul of Department of Health Pass?

House Bill: On Monday, the House Health & Human Services Quality Subcommittee passed CS/HB 1263. The 152-page bill would totally reorganize and decentralize the Department of Health (DOH) by giving county health departments block grants on a per capita basis and placing them under country government control. Counties would be required to fulfill some state mandates, but would also have more discretion over how to address health needs of their local communities.

The change would also effectively transfer 12,000 state employees to county government payrolls.

The measure would largely get the state out of the business of running county health departments, turning them over to county commissions to operate. State and federal dollars would be provided in block grants to county governments to provide health programs.

Among others, the bill also authorizes DOH to contract with a provider service network to administer Children’s Medical Services and amends CMS eligibility provisions to “refocus” the program on seriously ill children.

As with the early education bills discussed above, many advocates, counties, health care professionals, parents and others have grave concerns about the proposed changes, and believe they should be vetted more thoroughly before being adopted by the Legislature. The Senate does not appear ready to embrace the proposal at this time.

Read the bill.

Senate Bill: On Thursday, the Senate Health Regulation Committee passed CS/SB 1824. While the bill does not decentralize public health functions to the counties or go as far as the House bill in dismantling DOH, it does significantly scale back the Department.

The 105-page bill addresses many issues, ranging from closing the state’s only tuberculosis hospital to repealing the statewide septic-tank inspection program (as does the House bill). Arguably its biggest change would be to largely remove the Department from addressing prevention issues and instead focus it on “core issues”, such as pandemics, disease outbreaks, communicable diseases and environmental health. Because the bill more closely aligns with the Department reorganization plan developed to assist the Legislature with the reorganization, the Department prefers the Senate bill to the House bill.

Read the bill.

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*BILLS HEARD THIS WEEK*

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Sexual Exploitation

CS/HB 99 relates to children who are victims of sexual exploitation. The bill recognizes that sexual exploitation is a problem in Florida and nationwide and that many exploited children have a history of abuse and neglect and are often a hard population to serve.

The bill amends definitions relating to abuse and sexual exploitation of children and licensure of facilities. It requires that children who have been sexually exploited and taken into custody by the Department of Children and Families (DCF) be placed in shelters and facilities that offer treatment for sexual exploitation. It also requires DCF to develop guidelines for serving sexually exploited children and to report to the Legislature on criteria used for, and success of, placing children in treatment facilities and creates a program for creating safe houses for sexually exploited children.

Currently, a civil penalty of $500 must be assessed against a person who solicits, induces, entices, or procures another to commit prostitution, lewdness, or assignation. The bill increases the civil penalty to $5,000 and directs that $4,500 of the penalty be paid to DCF to fund services for sexually exploited children, and the remaining $500 be paid to the circuit court administrator. The effect of this change creates a proposed funding source for services for sexually exploited children.

Last Action: 02/16/12 HOUSE Favorable with CS by Health and Human Services Committee; Read the bill.

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Juvenile Expunction

CS/HB 497 authorizes a law enforcement agency or school district, in cooperation with the state attorney, to establish a pre-arrest or post-arrest diversion program. The statute is silent as to any program requirements, except that any program participant who is alleged to have committed a delinquent act may be required to surrender his or her driver’s license, or refrain from applying for a driver’s license, for no more than 90 days.

Currently, a juvenile with a felony arrest is not eligible for a juvenile diversion expunction. The bill requires FDLE to expunge the nonjudicial arrest record of a juvenile who successfully completes a pre-arrest or post-arrest diversion program for any felony offense, except for felonies specified by the bill.

Last Action: 02/14/12 HOUSE Favorable with CS by Justice Appropriations Subcommittee; Read the bill.

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Adult Day Care Centers

CS/HB 529 creates the “Specialized Alzheimer’s Services Adult Day Care Act” (Act). The Act imposes increased standards by creating a specialty license for adult day care centers (ADCCs) wishing to hold themselves out to the public as providing specialized care for individuals with Alzheimer’s disease or other dementia related disorders. Adult day care centers currently advertising as providing specialty care for Alzheimer’s disease or other dementia-related disorders will be required to obtain the specialty license or cease advertising as providing these specialty services. Under the Act, ADCCs wishing to obtain the specialty license will be required to meet certain standards of care and provide a program for dementia-specific, therapeutic activities.

Last Action: 02/16/12 HOUSE Favorable with CS by Health and Human Services Committee; Read the bill.

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Homelessness

CS/HB 531 creates and revises multiple sections of Florida Statutes relating to homelessness. Among others, the bill:

• authorizes collection of voluntary contributions in the amount of $1 to be added to motor vehicle registration and driver’s license fees, both initial and renewal fees, to aid the homeless;

• replaces the Emergency Financial Assistance Program for Families with a homeless prevention grant program administered by local homeless continuums of care to provide emergency financial assistance to families facing loss of their current home due to financial or other crises; and

• limits the amount a lead agency may spend on administrative costs under a Challenge Grant.

The Department of Children and Families estimates the $1 voluntary fee will generate approximately $20,000.

Last Action: 02/16/12 HOUSE Read Third Time; Amendment Adopted (354211); Passed: Read the bill.

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Child Protection

CS/CS/HB 803 makes substantial changes to various provisions in statutes relating to child abuse, the Florida Abuse Hotline, Child Protective Investigations, and the dependency process. Among others, the bill:

• amends the definition of “abandoned” and “harm” to provide more consideration to the affect on children of incarcerated parents;

• amends current law to give direction to the court to consider certain factors regarding terminating parental rights of an incarcerated parent;

• amends hotline procedures to specify that the hotline may accept a call from a parent or legal custodian seeking assistance for themselves when the call does not meet the statutory requirement of abuse, abandonment or neglect;

• permits the Department of Children and Families (DCF) to discontinue an investigation if they determine that a false report of abuse, abandonment or neglect has been filed;

• requires DCF to maintain one electronic child welfare case file for each child;

• requires Child Protective Investigators (CPI) to determine the need for immediate consultation with law enforcement, child protection teams, and others prior to commencement of an investigation;

• outlines the activities and training requirements for CPI’s; and

• amends the timeframe for parents to comply with a case plan from 9 months to 12 months, as it relates to grounds for termination of parental rights.

Last Action: 02/16/12 HOUSE Read Third Time; Passed; Read the bill.

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Affordable Housing

Florida law provides for creation of city, county and regional housing authorities. CS/HB 933 grants housing authorities the power to develop, acquire, lease, construct, rehabilitate, manage, or operate commercial projects that allow access to essential goods and services for persons of low-income residing in such residential projects. It also provides that any revenue received by a housing authority from commercial projects that provide access to essential goods and services necessary for daily living of persons residing in housing projects must be used exclusively to upgrade and improve living conditions in the housing project, or to preserve and rehabilitate public or affordable housing managed by the housing authority.

The bill authorizes the Florida Housing Finance Corporation (FHFC) to utilize up to 10 percent of its annual allocation of low-income housing tax credits, nontaxable revenue bonds, and State Apartment Incentive Loan (SAIL) Program funds for high priority affordable housing projects. Such projects include housing to support economic development and job creation initiatives, housing for veterans and their families, and housing for other special needs populations.

Last Action: 02/15/12 HOUSE Favorable with CS by Finance & Tax Committee; Read the bill.

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Reorganization of DCF

CS/HB 1229 reorganizes the Department of Children and Families (department). The 2007 Legislature directed the department to begin the process of reorganization subject to further legislative review and approval. This bill places in statute the reorganization plans of the department. Among others, the bill:

• replaces the title “Department of Children and Family Services” with the “Department of Children and Families”;

• integrates the substance abuse and mental health programs into the department by deleting statutory responsibilities of the directors for these programs and eliminating the director’s direct line authority over circuit program staff;

• changes the sub-state structure of the department by eliminating service districts and providing that services will be delivered through organizational units known as circuits, which must be aligned with judicial circuits;

• provides the department with discretion on the establishment of community alliances, partnerships and advisory groups; and

• deletes the requirement that the Executive Director of the state Office of Homelessness be appointed by the Governor.

Last Action: 02/16/12 HOUSE Favorable with CS by Health and Human Services Committee; Read the bill.

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Homeless Youth

Federal law defines a "homeless youth" as an individual who lacks a fixed, regular, and adequate nighttime residence. CS/HB 1351:

• defines "certified homeless youth" to mean a minor, homeless child or youth, as defined under federal law;

• provides that a certified homeless youth or a minor, who has had the disabilities of nonage removed in accordance with statute, must be issued a certified copy of his or her birth certificate upon request; and

• provides that an unaccompanied certified homeless youth, who is 16 years of age or older, may petition the circuit court to have the disabilities of nonage removed. Such youth will have court filing fees waived and the court must expedite the proceedings.

Last Action: 02/16/12 HOUSE Read Third Time; Passed; Read the bill.

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