GENERAL APPROPRIATIONS
Increases in Education – The Legislature appropriated a 6.27% increase in overall education funding
this year, including a per student increase of $201.03 (4.07%). This includes a $9.3 million increase
over last year’s budget in need-based financial aid. This provides $45.4 million for 5,415 additional
university students and $10 million for expanding degree programs on university branch campuses;
$5 million to continue the development of new law schools for Florida Agricultural and Mechanical
University in Orlando and Florida International University in Miami; $4.1 million to continue the
development of the medical school at Florida State University and $11.9 million for Hi-Technology
Research/Economic Development programs in the state university system.
Community Colleges – A 4.63% increase was also provided to the Community College System,
including an increase of $23.9 million in General Revenue for the Community College Program
Fund and $11.1 million in savings from lower required contribution rates to the Florida Retirement
System.
Taking Care of our Seniors – The budget provides $60.4 million in state and federal funds to address
the critical need to improve quality of care in long term care facilities. These resources will allow
providers to recruit and retain qualified staff to enhance the level of staffing in Florida’s nursing
homes in order to improve the overall quality of care and to reduce adverse incidents related to
patient care. Additionally, $22.9 million will provide community support for elderly Floridians to
enable them to avoid costly nursing home stays.
Mental Health Services – The budget provides $39 million in additional resources to improve the
quality of mental health services statewide and to develop and improve system capacity.
Sufficient resources are provided to cover medications, housing needs, case management and therapies.
Tobacco Prevention – The Legislature was proud to continue the state’s model tobacco
prevention efforts, funding the program at $39.1 million.
Protecting our Children – The budget provides $97 million to protect Florida’s children
from abuse and neglect which includes significant resources to cover the cost of residential
care when family reunification is impossible or significantly delayed.
Help for the Homeless – The Legislature provided $5 million for homeless programs
throughout the state by increasing the rant program and providing resources so the programs
can be locally administered.
Transportation – Safe, affordable and efficient transportation is a top concern for
every Florida family. The Legislature provided $115.9 million to the Transportation
Outreach Program for high priority projects that preserve Florida’s transportation
infrastructure and enhance mobility across the state.
Preserving our Natural and Historical Resources – In the midst of one of Florida’s
worst droughts in history, access to clean water was a critical concern to the Legislature.
This year, we provided $88.6 million for surface water restoration, storm water mitigation,
and wastewater system projects to improve water quality in Florida, plus another $202.4
million for other water quality related programs. The Legislature also authorized $350
million to the Florida Forever program for acquisition of recreational and environmentally
sensitive lands throughout the state; made a $100 million investment in the restoration of
the Everglades and provided $72 million in grants for libraries and cultural and historical
preservation projects.
Investing in Florida’s Future – Florida is a fast growing and uniquely diverse
state. The Legislature recognizes the importance of preserving natural and historical
resources goes hand in hand with investing in the future. The Legislature appropriated
$140.4 million for business incentive programs and economic development projects
such as space industry investments and defense industry infrastructure enhancements.
Public Safety & Judiciary – To ensure Florida continues to experience significant
reductions in crime more than $20 million additional dollars have been provided to
hire more correctional officers and provide food, bedding, clothing, and medical care
to support the anticipated increase in the inmate population. These additional funds
will be used to support the costs associated with longer prison sentences for those
persons convicted of violent crimes.
Juvenile Justice – In light of recent school violence and cases such as that of
Nathaniel Brazill, this year, the Legislature focused on juvenile offenders, providing
an additional $28.8 million to fund the operational costs of 1,152 commitment
facility beds for violent and habitual juvenile offenders. These funds will also
provide specialty treatment and rehabilitative services for juveniles with serious
substance abuse and mental health problems. The Legislature also provided
$19.5 million in additional funding for juvenile delinquency prevention programs
and services. These funds will help schools, parents, and law enforcement
officers by enabling local communities to implement innovative programs in
juvenile crime prevention including truancy reduction programs, job training and
placement, family and child counseling, after school activities and support for
Florida’s Boys and Girls Clubs. These approaches to preventing juvenile
crime will encourage responsible behavior, build character, and help keep
our kids in school and out of trouble.
Family Legal Services – Funding was provided this year for 26 new circuit and
county judges as well as to significantly enhance Florida’s Family Court System.
More than $3 million additional dollars were provided to expand the Guardian Ad
Litem program and to enhance model dependency court operations to enable more
dependency cases to be processed in a shorter period of time. Overall, the Budget
provides nearly $12 million in additional funding for the State Court System to ensure
the citizens of Florida are served by an adequately funded judiciary system.
AGRICULTURAL AND CONSUMER SERVICES
Protecting Farms and Agricultural Research (HB 719, SB 1528) – Opponents
of agricultural biotechnology have recently resorted to the destruction of private
farmlands and field trials conducted by universities. This year, the Legislature has
made it possible for farmers to sue anyone who willfully destroys those products.
A grower may recover damages equal to double the amount of the value of the
product, as well as compensatory and punitive damages. A third degree felony
was also created for trespassing on agricultural sites that are legally posted and
identified as being used for research and testing purposes.
Consumer Protection (SB 784) – The Legislature revised several programs to
further safeguard consumers. The stricter requirements pertain to: health studios;
pawnbrokers; sellers of business opportunities; motor vehicle repair shops and
solicitation of funds by charitable organizations.
BANKING AND INSURANCE
Personal Injury Protection (SB 1092) – Under Florida’s Motor Vehicle No-Fault
Law, car owners are required to carry $10,000 in personal injury protection (PIP)
coverage. This coverage provides compensation for injuries to insured drivers and
passengers regardless f who is at fault in an accident. This year, the Legislature
addressed recommendations from a Grand Jury report that: regulate medical facilities;
address reimbursement procedures; provide additional time to review claims for fraud;
remove brokering incentives for MRIs and protect insurers and accident victims from
paying for services of providers or attorneys who solicit victims.
Crash Victim Solicitation (HB 1805, SB 1466) – This bill protects accident victims
from “runners” who pick up copies of crash reports and use them to solicit people
involved in accidents. In the hands of unscrupulous attorneys and medical providers
these reports provide a link to large numbers of potential clients in violation of the
prohibition of crash report use for commercial solicitation purposes. This bill includes
two recommendations from a Grand Jury report: protecting victims by prohibiting the
release of accident reports to anyone other than the victim, their insurance company,
or the media; and increasing the penalty for illegally accessing crash reports to a third
degree felony.
Payday Loans (SB 1526, 314) – This bill targets “payday loans” by regulating deferred
presentment transactions in which a person provides cash in exchange for another person’s
check and agrees to hold the check before depositing it. Provisions include: registration
requirements for deferred presentment providers; a $500 limit on the face amount of a
check taken for deferred presentment; a maximum fee of 10% of the amount paid to the
“drawer”; a prohibition against a deferred presentment agreement being for a term in
excess of 31 days or less than seven days; and a prohibition against “rollovers” which
extend a deferred presentment agreement.
COMMERCE AND ECONOMIC OPPORTUNITIES
Enterprise Zone Program (HB1225) – A recent report found the Enterprise Zone Program
has largely failed to encourage economic growth and investment in distressed areas. The
Legislature responded to recommendations to transform the jobs tax credit into a job creation
tool by making the tax credits against sales and corporate income taxes dependant on the
creation of new jobs. The bill also provides incentives to property owners to sell rental
property in distressed areas to low-income residents and helps to provide other affordable
housing options.
COMPREHENSIVE PLANNING, LOCAL & MILITARY AFFAIRS
Helping the Homeless – This bill incorporates recommendations from the Commission
on the Homeless by establishing a state office and council on homelessness to address
this statewide problem. The bill also amends school admissions requirements for homeless
children; increases funding for homeless programs; encourages partnerships and housing
program assistance to the homeless; requires work force boards to consider homeless
service providers and requires further study.
CRIMINAL JUSTICE
Regulating Controlled Substances – The Legislature reclassified hydrocodone as a
Schedule III controlled substance and specifically prohibited trafficking of this drug.
This bill also clarifies legislative intent regarding the weighing and mixing of
controlled substances.
Protection from Sexual Violence in Prisons – (SB 226) – This legislation requires
training for correctional officers to help them identify and prevent sexual assaults in
prisons. From now on, prison administrators will also be authorized to provide information
about sexual assaults to inmates within the first 48 hours of being incarcerated. Sexual
assault counseling will be provided to inmates who report being victimized and request it.
The bill makes it a third-degree felony for employees to engage in sexual misconduct
and creates a first-degree misdemeanor where an officer or employee of a county or
municipal detention facility receives remuneration from a prisoner, or gives a prisoner
a gift without authorization.
Sparing the Mentally Retarded from the Death Penalty (SB 238) – This year, the
Legislature barred the execution of the mentally retarded. From now on, upon motion
by the defendant, a determination will be made about whether a capital defendant
hould be sentenced to life imprisonment because the defendant suffers from
mental retardation.
DNA Evidence (SB 366) – From now on a person who has been tried and found
guilty of a criminal offense may petition the court to order DNA testing of physical
evidence that could prove their guilt or innocence or otherwise affect their sentencing.
Cruel and Unusual Punishment (HJR 951, SJR 124) – The Florida Supreme
Court recently struck down a constitutional amendment voted for in 1998 regarding
the death penalty in Florida on the basis that the ballot summary was inaccurate.
This year, the Legislature resolved that the death penalty is an authorized punishment
for capital crimes. It also changes the state prohibition against “cruel or unusual”
punishment to a prohibition against “cruel and unusual” punishment. This change
eliminates the present basis to conclude that the state standard must be different
from the federal standard. The resolution requires that the prohibition against cruel
or unusual punishment be construed in conformity with the Eighth Amendment to
the United States Constitution, which prohibits cruel and unusual punishment. The
resolution further requires that the Florida Supreme Court defer to the decisions of the
United States Supreme Court when interpreting the Eighth Amendment.
Online Consumer Protection (SB 208) – The Legislature codified recommendations
of the Information Service Technology Development Task Force regarding consumer
protection for businesses and protecting governmental entities from unfair or deceptive
acts or practices via the Internet.
Sentencing (SB 240) – This act affects prison inmates who are convicted of new
crimes while incarcerated, requiring inmates to serve the sentence for the newly
committed crime in a state correctional system or private prison, regardless of
whether the new crime is a felony or a misdemeanor.
Identify Theft (HB 1845, SB 524) – Florida recently passed a law creating criminal
penalties for identity theft. This bill revises existing statutory definitions to expand the
scope of protection from identity thieves by creating three distinct offenses: obtaining
or using personal identification information without authorization; harassment by use
of personal identification; and fraudulent use of personal identification information.
The bill also provides for increased penalties when an offender unlawfully uses public
records information to commit an identity theft crime. To assist victims in recovering
the losses they sustain from criminal use of their personal identification information,
the bill enhances the power of the sentencing court to order restitution from identity
thieves and to order the correction of records.
Communications Crimes (SB 1198) – This bill provides that the use of a two-way
communications device, including wireless communications, in the commission of a felony,
is a third degree felony.
Juvenile Justice (HB 267) – This comprehensive legislation amends significant
portions of the law that pertains to juveniles. Some key provisions include: stricter
standards for hiring Department of Juvenile Justice employees; allowing for certain
non-violent misdemeanors to be expunged from the arrest records of juveniles; providing
youth custody officers with special risk retirement benefits; and prohibiting certain
offenders from attending school or riding on a school bus with their victims.
Racial Profiling (SB 84) – This legislation will require the Criminal Justice
Standards and Training Commission to provide instruction relating to racial
profiling. All sheriffs will also incorporate anti-discriminatory policies including
definitions, traffic stop procedures, community education and policies for
handling public complaints.
Sentencing for Members of Street Gangs (HB 695, SB 122) – The bill amends
the law to repair a defect that caused the Florida Supreme Court to find enhanced
sentencing guidelines for members of street gangs unconstitutional. The Legislature
addressed the defect by providing that the penalty for an offense may be enhanced
upon a finding by the trial court that the defendant committed the offense for the
purpose of furthering, benefiting or promoting a criminal street gang.
Computer Crimes (SB 144) – This bill creates a new third degree felony for offenses
relating to the transmission of child pornography to minors from within or outside the
state. The bill also establishes Florida’s jurisdiction to prosecute anyone who transmits
unlawful images into or from the state of Florida; grants immunity from civil liability to
anyone who reports an incident of child pornography; and adds violations of the
Computer Pornography and Child Exploitation Prevention Act to the list of criminal
offenses into which the statewide grand jury may inquire.
Statue of Limitations for Sexual Offenses (SB 698) – This year, the Legislature
amended Florida statutes to require the statute of limitations on sexual offenses not
to start running until victims reach the age of 18 or until the violation is reported to
law enforcement.
Public Protection (SB 306) – This bill requires the Department of Corrections,
within 30 days of approving an inmate for community work release, to notify:
the state attorney, victims and parents or guardians in the case that the victim
is a minor. The bill also requires that domestic violence victims be informed
about the address confidentiality program and requires the court to inform the
victim of a sex offense of his or her right to have the courtroom cleared of certain
persons before testifying.
EDUCATION
* Education Reorganization (SB 1162) – This act requires the reorganization of
Florida’s education system. The Governor will appoint the seven members of the
new Florida Board of Education. Members must be residents of the state and will
be confirmed by the Senate. The act abolishes:
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Board of Regents
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State Board of Community Colleges
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Articulation Coordinating Committee
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Education Standards Commission
The Governor will also appoint 12 members to the board of trustees for each state university.
These boards will have the responsibilities formerly given to the Board of Regents.
The following boards are abolished and merged into new boards with amended responsibilities:
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State Board of Independent Colleges and Universities
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State Boards of Nonpublic Career Education
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Postsecondary Education Planning Commission
The Governor will also appoint the first chairperson of the Florida Board of Education.
The board will appoint
a secretary and the heads of the following divisions:
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Division of Colleges and Universities
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Division of Community Colleges
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Division of Public Schools
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Division of Independent Education
Other key changes include housing the Florida Virtual High School in the Commissioner
of Education’s office; amending the School Readiness Act; increasing community access
to baccalaureate-level education; requiring testing for recipients of the Bright Futures
Scholarship; and amending transfers and refunds to the Prepaid College Program.
The Learning Gateway (SB 1018) – This year, the Legislature implemented
recommendations of the Commission on the Study of Children with Developmental
Delays. This includes a pilot program to access the latest findings on learning disabilities
to develop a Learning Gateway to provide a point of access for concerned parents.
The Learning Gateway will educate parents, teachers and pediatricians about early
warning signs. University researchers, parents, practitioners and agency representatives
will form a steering committee to oversee the program and work in conjunction with the
Florida Pediatric Society, the Florida Partnership for School Readiness and the
Department of Education to establish screening guidelines.
Scholarships for Students with Disabilities (SB 1180) – This legislation allows
disabled students for whom an individual education plan has been written the option
of attending a different school if their parents are dissatisfied with their child’s progress
at the school they attend.
Student Assessment (HB 1633, SB 988) – Student assessment is a critical issue to
parents, teachers and the Legislature. This year, we established a framework for the
determination of school grades based on how well students are learning. From now
on, school grades will be based on schools’ annual learning gains. Beginning in the
2001-2002 school year, a school’s performance grade will be based on a combination
of student achievement scores, student learning gains as measured by the Florida
Comprehensive Assessment Test (FCAT) in grades 3 through 10, and improvement
of the lowest 25th percentile of students in the school in reading, math, or writing on
the FCAT.
Transition to Teaching Program (SB 1684) – Modeled after the successful Troops
to Teachers Program, this new legislation creates a program to recruit retiring or career-
changing professionals into teaching. Up to $5,000 will be provided from federal funds
to candidates who agree to become certified and teach in Florida schools.
Finding and keeping the Best Teachers (HB 1193, SB 1704) – The Legislature
has responded to Florida’s growing teacher shortage by adopting numerous measures
to find and keep the best teachers in Florida. To boost recruitment and retention of
teachers, the Department of Education will: develop a system for posting teaching
vacancies; establish an applicant database; identify best practices for retaining high-quality
teachers; develop a long range plan for teacher recruitment and coordinate with workforce
boards and seek waivers to access workforce funding. Another provision of the new act
allows alternate certifications for “adjunct educators” who have expertise in the area they
are hired to teach.
High School Grading Scale – (SB 636) – Florida high school students will like
this bill that changes the percentage grading scale to equate to letter grades and
grade points. Under the new law, the required range will be 90-100=A; 80-89=B;
70-79=C; 60-69=D; below 60=F.
NEED BASED SCHOLARSHIPS EXPANDED
Senator Les Miller was appointed Chairman of a Select Committee to study the
need for and make recommendations to the Legislature regarding expanding need
based scholarships. As a result of this committee effort, working with the Senate
Education Committee and many others, the Legislature was able to expand the
scope of need-based scholarships and increase the funding. Need based scholarships
now includes certain trade schools, part time students, as well as junior colleges and
four year institutions. This year the Legislature increased need based scholarships
funding to $20 million dollars. Interested people can contact high school counselors
or financial aid office at colleges for information.
ETHICS AND ELECTIONS
Real Election Reform (SB 1118) – Most years the Legislature has one bill we
have to pass – the budget. This year, we had two – the budget and real election
reform. The Legislature committed not to go home from this Session without ensuring
Florida voters that what happened in the last presidential election would never happen
again – not in 2002, not in 2004, not ever again. The elections legislation passed this
year is an historic and comprehensive reform package. Some of key provisions include:
banishing the hanging chad by eliminating punch cards; provisional ballots to protect
voters from being turned away at the polls; automatic machine and hand-recounts;
extended certification deadlines; a Voter’s Bill of Rights and Responsibilities; updating
absentee ballot procedures; comprehensive poll worker training and recruitment;
substantial funding for much-needed voter education and a “real time” voter registration
database and website.
FINANCE AND TAXATION
* Sales Tax Holiday (HB 251) – The Legislature passed the “Florida Residents’
Tax Relief Act” this year which will provide Florida families with another tax-free
holiday. For nine days, Floridians will pay no sales tax on everything from
back-to-school clothes to diaper bags.
HEALTH, AGING AND LONG-TERM CARE
Nursing Homes (SB 1202) – This comprehensive nursing home reform package
includes $76.6 million for quality of care issues and modifies regulatory provisions
and standards for long-term care facilities. This legislation makes changes to provisions
regarding civil actions to enforce residents’ rights and to seek damages in negligence
actions. The bill also increases qualifications for certified nursing assistants and requires
increased staffing levels.
Generic and Brand Name Drugs (HB 69, SB 342) – This legislation requires
removal of all therapeutically equivalent drugs from the Negative Drug Formulary.
Physicians may still prohibit generic substitution of these drugs by writing “medically
necessary” on the prescription.
The Mary Brogan Breast and Cervical Cancer Program (SB 1306) – The
Legislature this year authorized The Department of Health to establish the “Mary
Brogan Breast and Cervical Cancer Early Detection Program” to provide cancer
screening, case management and referrals for low-income women. This program
also expands Medicaid coverage to include uninsured women under age 65 who are
in need of treatment for breast or cervical cancer.
JUDICIARY
Character Evidence in Child Molestation Cases (SB 2012) – The Legislature
provided this year that evidence of previous crimes is admissible in child molestation
cases. The legislation also requires the state to provide notice to the defendant
of their intent to
offer this evidence.
Parental Rights to their Children’s Records (HB 215) – The Legislature
reinforced existing law giving both parents equal rights to access their children’s
medical or educational records, regardless of which parent has primary custody
but with exceptions in the case of court orders denying access in cases of
domestic violence.
Adoption (HB 141) – Far too many adoptive families are haunted by the fear
of becoming the next Baby Sam or Baby Emily case, causing many to avoid
adopting children in Florida. The Legislature this year passed a comprehensive
package to make adoptions safer in Florida. Some key provisions of the legislation
include: ensuring children are truly available for adoption; accelerating proceedings
to terminate parental rights pending adoption to promote adoptions and establishing
criminal penalties for anyone who provides false information in connection with
termination of parental rights and adoption proceedings.
Durable Powers of Attorney (SB 886) – The Legislature this year revised provisions
to durable powers of attorney to clarify when and how a third party may rely on their
authority and giving legal recognition to “springing” or contingent power of attorney when
someone is medically incapacitated.
Learner’s Permits Liability (SB 1274) – The Legislature relieved foster parents and
guardians who sign driver’s license applications for a foster child of liability for damages
they may cause in an accident.
Lawyers Assistance Programs (SB 788) – The Legislature voted to encourage greater
participation in lawyer’s assistance programs who assist lawyers and judges in treatment
and recovery for substance abuse, mental illness and other behavioral problems.
Filling Much Needed Judicial Positions (SB 1444) – Due to increased need, the Legislature
authorized 16 additional circuit court judges and 11 county court judge positions.
Drug Courts (HB 199) – The Legislature passed a bill this year requiring all judicial
circuits to establish model treatment-based drug court programs that will incorporate
principles of therapeutic jurisprudence.
Probate Code (HB 137) – To eliminate duplicative and even contradictory provisions
in the Probate Code, the Legislature deferred procedural matters already established
in court probate rules. It also increased monetary values of some estate administration
procedures, revised the Elective Share law and clarified creditors’ rights and claims.
Landlord and Tennant Relations (SB 838) – The Florida Residential Landlord and
Tenant Act was amended this year. One provision includes expanding from 15 to 30
days the time period within which a landlord must notify a tenant of any intent to
impose a claim on their security deposit.
TRANSPORTATION
Transportation (HB 1053) – Some key provisions of this year’s transportation legislation
include: requiring “motorized scooter” drivers to wear a helmet and not allowing scooters
to be driven on roadways or sidewalks; authority to issue citations for failure to obey
multi-party stop signs in private communities; revisions to the definition of “major parts”
regarding salvage and rebuilt motors; requirements for the DHSMV to screen reports of
convictions for traffic violations to identify drivers under 21 years old; requirements for
DHSMV to restrict driving privileges of 15-17 year olds who accumulate six or more
points against their license in one year; deleting limitations on the number of times a
person can attend traffic school in lieu of having points assessed against their license and
requirements for insurance companies to be notified when a vehicle is towed.
Deceptive Trade Practices (SB 1956) – One provision of the comprehensive motor
vehicle legislation this year is the Deceptive Trade Practices Act which prohibits
misrepresentations by car dealers regarding a vehicle’s condition, previous maintenance
or warranty coverage. The bill prohibits dealers from having customers sign incomplete
contracts, accepting deposits without a contract and increasing prices after accepting
a purchase order.
Minors Driving Under the Influence (HB 29, SB 430) – Current law requires suspension
of the driver’s license of a person under 21 years of age whose blood or breath alcohol
level is .02 percent or higher or who refuses to submit to a test of his or her blood or breath
alcohol. This year, the Legislature added a requirement that, for underage persons with a
blood or breath alcohol level of .05, the suspension will remain in effect until the person
completes a substance abuse course offered by a DUI program.
Reckless Driving (HB 175, SB 628) – Enhanced penalties for reckless driving resulting
in serious bodily injury were enacted this year. The new legislation also defines this
behavior as a third degree felony, punishable by up to 5 years imprisonment and a $5,000
fine, or both. The bill also enhances penalties for damaging the property of another or
injuring a person as a result of reckless driving and defines the offense as a first degree
misdemeanor, punishable by up to one year imprisonment and a $1,000 fine, or both.
Child Safety Seat Act (SB 1412) – The Child Safety Booster Seat Act requires children
eight years old or younger, who are less than four feet nine inches in height to travel in
a child restraint device. For children three years old or younger, the device must be a
separate carrier or integrated child seat. Law enforcement officers will issue warnings
for violations and provide educational literature until 2002. After the warning period
citations may be issued.
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