Home » Legislature & Courts » Legislative Summary Archive
FLORIDA LEGISLATURE 2002
Regular Session in Review
New:
Capital Punishment
- Censorship
- Church/State
- Courts
- Crime & Punishment
- Elections
- Equal Protection and Due Process
- Gay and Lesbian Rights
- HIV/AIDS
- Privacy
- Public Records
- Reproductive Freedom
- School Code
- Terrorism
- Transportation
By Larry Helm Spalding
ACLU Legislative Staff Counsel
THE REGULAR SESSION
The American Civil Liberties Union Legislative Office tracked in excess of 100 bills during the 2002 Regular Session. The following is a summary of the bills we believe had the greatest impact or, at least, potential impact, on civil liberties in our state. For additional information on any of the bills including bill text, staff analysis, bill history and how individual members voted, access Online Sunshine, the official web site of the Florida Legislature
School Prayer. Would have authorized district school boards to adopt a resolution allowing the use of an invocation or benediction at specified secondary school-related events. HB 667 (Invocation/Benediction/Secondary Schools) passed the House 88-28. Sent in messages to the Senate. Died in committee along with its companion SB 572. ACLU Opposed.
School Prayer. Would have authorized district school boards to allow the delivery of an inspirational message at non-compulsory high school events. HB 1635 (Inspirational Messages/Noncompulsory HS Events) died in House committee along with its Senate companion SB 572. ACLU Opposed.
Declaration of Independence. Creates "Celebrate Freedom" week in September and requires students to recite a 55-word passage of the Declaration of Independence unless their parents object. HB 885 (Recitation of Declaration of Independence) passed the House 100-12 and the Senate 36-0. The companion SB 1776 was laid on the table. The bill has been enrolled. ACLU Opposed.
In God We Trust. Would have required schools to post "In God We Trust" in every classroom. HB 915 (Schools/In God We Trust Motto) passed the House 102-12. Sent in messages to the Senate. Died in committee along with its companion SB 926. ACLU Opposed.
School Vouchers. Would have expanded Florida's school voucher system to permit school districts to award 'opportunity scholarships' to any student to attend a public, private, religious or home school of his or her choice at taxpayer expense. HB 1587 (No Strings Attached) died on the House calendar. There was no Senate companion. ACLU Opposed.
Government-funded Religion. Would have established a Florida Faith-Based Initiative to be administered by the Florida Faith-Based Network, Inc. HB 1593 (Florida Faith-Based Initiative) died in committee. There was no Senate companion. ACLU Opposed.
Human Cloning Ban. Would have made it unlawful to perform or assist in performing human cloning. HB 805 (Human Cloning Prohibition & Responsibility Act) passed the House 70-42. Sent in messages to the Senate. Died in committee. The companion SB 1164 died on the Senate calendar. ACLU monitored the bills, but took no position.
Church Day-Care. Would have made religious day-care centers conform to state child-care regulations. HB 175 (Child Care Facility License) and SB 536, its Senate companion, both died in committee. ACLU Supported.
Abortion. Would have required abortion providers to file specified reports after each procedure, rather than monthly. HB 1223 (Termination of Pregnancies) passed the House 71-44. Sent in messages to the Senate. Died in committee. The Senate companion SB 1690 also died in committee. ACLU Opposed.
Abortion. Would have included the death of unborn quick child under DUI manslaughter making the killing of unborn quick child, rather than killing of a viable fetus, a vehicular homicide. HB 119 (Homicide/Unborn Quick Child) withdrawn from further consideration by the sponsor. The Senate companion SB 198 also withdrawn from further consideration by the sponsor. ACLU Opposed.
Abortion. Would have changed the definition of 'live birth' under the Florida Vital Statistics law as it applies in situations of natural or induced labor, cesarean section or induced abortion. SB 1924 (Infants Born Alive Protection Act) died in Senate committee. HB 1211, the House companion, was laid on the table. ACLU Opposed.
Emergency Contraception. Would have specified requirements for emergency treatment of rape survivors including counseling, oral and written information about emergency contraception and assistance in receiving such contraception. HB 125 (Emergency Treatment/Rape Survivors) died in House committee. The companion SB 2246 died on the Senate calendar. ACLU supported the bill with reservations related to the 'conscience clause' provisions.
Employment Discrimination. Would have provided that discrimination on basis of sex includes pregnancy, childbirth, or related conditions under employment policy of the state. HB 291 (Employment/Discrimination) died in committee while its companion SB 410 died on Senate calendar. ACLU Supported.
Contraceptive Equity. Would have required employers who offer employees comprehensive prescription plan when providing healthcare coverage to ensure that plan provides coverage for conceptive drugs and devices for both genders. HB 405 (Prescription Plans/Discrimination) died in committee. There was no Senate companion. ACLU supported the bill with reservations about language.
Discrimination. Would have authorized school authorities to prevent harassment, discrimination, and violence against certain students. HB 157 (Florida Dignity for All Students Act) and its Senate companion SB 294 both died in committee. ACLU Supported
Gay Adoption. Although there was considerable publicity and discussion surrounding the issue of Florida's gay adoption ban during the regular session, there were no bills introduced in 2002 to repeal the ban.
Ex-felon Voting. Proposed an amendment to the state constitution authorizing the legislature to provide the conditions under which a convicted felon's right to vote may be restored. HB 91 (JR/Voting By Convicted Felons) and its companion SB 1826 died in committee. ACLU Supported.
Ex-felon Voting. Would have provided that a convicted felon who is incarcerated, on probation, parole or community service may not vote. However, restoration of that right would have been provided one year after the completion of the sentence. HB 105 (Citizens' Empowerment Act) and its companion SB 1886 died in committee. ACLU Supported.
Ex-felon Voting. Would have required the Department of Corrections to notify offender, before the offender's discharge from supervision, of procedures for applying for restoration of civil rights. HB 1251 (Restoration of Civil Rights) and its companion SB 464 died in committee. ACLU supported with reservations about language.
Voter Registration. Revises multiple provisions of the Florida election law. SB 618 passed the Senate 36-0. Sent in messages to the House where it passed 118-0. HB 1409, the House companion, died on the House calendar. SB 618 has been enrolled. The Florida Equal Voting Rights Project, which is housed at the ACLU of Florida offices in Miami, tracked these bills closely and worked with members of the House and Senate to offer amendments relating to such items as the Voters Bill of Rights & Responsibilities, restoration of ex-felon voting rights, and the use of provisional ballots. Regrettably, the Legislature did not adopt most of the Project's recommendations.
Ballots. Would have allowed registered voters who show up at the wrong voting places to use a provisional ballot that would be counted if their registration were confirmed later. Currently, such ballots are given only to voters who go to the correct polling place but are not on the roll. HB 1235 (Provisional Ballots/ Elections) died in committee. The sponsor withdrew a similar bill, HB 103, from further consideration. The measure was also offered unsuccessfully as an amendment to SB 618. ACLU Supported.
Execution of Juveniles. Would have limited imposition of the death sentence to a person who was at least 18 years old at the time he or she committed a capital crime. SB 1212 (Death Sentence) passed the Senate 34-0. Sent in messages to the House. Died in committee. The House companion HB 1615 also died in committee. ACLU Supported.
Capital Collateral Representation.
Provides requirement of 10 hours continuing education each year concerning the defense of capital cases in order to remain certified as an attorney conducting capital post-conviction proceedings. SB 1568 (Capital Collateral Representation) passed the Senate 36-0. Sent in messages to the House where the bill passed 119-0. The House companion HB 1091 was laid on the table. The bill has been enrolled. ACLU Supported.
Public Libraries/Internet. Would have required public libraries that provide online computer access to persons under 18 years of age to install or make available software or other technology that prohibits access to obscene materials. HB 95 (Obscenity/Public Libraries) passed the House 102-6. Sent in messages to the Senate. Died in Senate committee as did its companions SB 392 and SB 404. ACLU Opposed.
EQUAL PROTECTION & DUE PROCESS
Equal Pay Commission. Would have required the Secretary of Labor & Employment Security to appoint an Equal Pay Commission to conduct a study evaluating the comparative salaries of male and female employees. HB 895 (Equal Pay Commission) and its Senate companion SB 310 died in committee. ACLU Supported.
English Only. Would have created Task Force on English as the official language of Florida. HB 1595 (Task Force/English/Official Language of Florida) died in committee. There was no Senate companion. ACLU Opposed.
Civil Rights. Would have authorized the Attorney General to commence a civil action under the Florida Civil Rights Act of 1992 to obtain damages or other relief for violation of civil rights. HB 1457 (Civil Rights) and its Senate companion SB 2236 died in committee. ACLU Supported.
Racial Profiling. Would have prescribed the investigation powers of the Office of the Attorney General when it receives a complaint that alleges racial profiling by a law enforcement officer or agency. SB 1962 (Racial Profiling/Law Enforcement Agencies) and a similar House bill HB 1291 both died in committee. ACLU Supported.
Habeas Corpus. Establishes that a person involuntarily committed to a secure facility as a sexual predator is limited in the right of habeas corpus in civil commitment proceedings and provides that there is no right to counsel. SB 2158 (Involuntarily Committed/Sexually Violent) passed the Senate 37-0. Sent in messages to the House where it passed 117-0. Comparable bills HB 655, HB 823, HB 1597, and SB 1215 all died in committee. SB 2158 has been enrolled. ACLU Opposed.
FCAT for Disabled Students. Would have required the state to make special accommodations for disabled students taking the FCAT. SB 1156 (Students with Disabilities/FACT) passed the Senate 37-0. Sent in messages to the House. Died in committee. ACLU Supported.
Identification Cards/Driver's Licenses. Revises application for identification cards and driver's licenses and authorizes recording of personal data on the cards and licenses as well as authorization for possible future inclusion on a national database. SB 520 (Identification Card/Driver's License) passed the Senate 36-1. Sent in messages to the House where it passed 112-1. The House companion HB 223 was laid on the table. SB 520 has been enrolled. ACLU Opposed.
Foreign Students. Would have prohibited funds from general revenue, the lottery, or financial aid revenues to be used to provide financial assistance to specified non-resident alien students from 'terrorist' nations. HB 665 (Financial Assistance/ Education/Nonresident Aliens) and its companion SB 958 died in committee. ACLU Opposed.
Non-citizen Marriage Licenses. Would have required a non-citizen of the United States who does not have a social security number or alien registration number to provide a valid passport and valid visa to a county court judge in order to obtain a marriage license. HB 873 (Non-Citizen/Marriage Licenses) died in committee, as did its Senate companion SB 696. ACLU Opposed.
Terrorism. Provides findings concerning initial responses to acts of terrorism and counter-terrorism efforts. The bill grants law enforcement a wide range of options, often unrestricted by Fourth Amendment and Due Process considerations, to deal with real or suspected terrorist activities. HB 727 (Domestic Security) passed the House 117-1. Sent in messages to the Senate where it passed 37-0. Its Senate companions SB 1184 and SB 1634 were laid on the table. HB 727 has been enrolled. ACLU Opposed.
Wiretapping. Expands state law-enforcement authority to wiretap phone conversations and Internet communications coextensive with comparable provisions in the USA PATRIOT Act. HB 1439 (Communications/Law Enforcement) passed the House 113-2. Sent in messages to the Senate where it passed 36-0. The sponsor withdrew SB 446, a similar bill, from further consideration. HB 775, another comparable bill, died in committee. SB 1774, the Senate companion, was laid on the table. HB 1439 has been enrolled. ACLU Opposed.
Inmates/HIV Testing. Revises provisions concerning testing of inmates for HIV before the inmate is released from supervision. HB 1289 (Inmates/HIV Test) passed the House 97-9. Sent in messages to the Senate where it passed 35-0. The sponsor withdrew an identical bill HB 763 from further consideration. The Senate companion SB 308 was laid on the table. HB 1289 has been enrolled. ACLU supported the bill although stating a preference that inmates be tested and treated upon arriving at a prison facility rather than upon release.
Medical Privacy. Provides for regulation of prescribing controlled substances including mandatory reports to the Office of the Attorney General. The reports would be maintained in a government database and shared with state and federal law enforcement. The information provided by a pharmacist to the Attorney General would not require the consent of either the prescribing physician or the patient. SB 636 (Prescribing Controlled Substances) passed the Senate 29-7. Sent in messages to the House where it died in committee. Comparable bills HB 699, HB 803, and SB 638 also died in committee. The House companion HB 701 died in committee. A linked bill SB 640 was enrolled however. ACLU Opposed.
Adult Video Games. Would have established a third-degree felony to sell or rent adult video game to person under 21. Provided definition of video game that depicts excessive violence, nudity, sexual conduct or criminal activity. SB 730 (Adult Video Games) died in committee. HB 663, the House companion, also died in committee. ACLU Opposed.
Public Health Emergency. Would have authorized state health officer to take specified actions to assure the availability of drugs and medical personnel in the event of a public health emergency. HB 507 (Public Health Emergency) and SB 1262 (State's Response to Bioterrorism) were two in a series of bills dealing with the threat of biological attacks in the state of Florida. HB 507 died in messages. SB 1262 has been enrolled. ACLU monitored these bills, but took no position. ACLU generally does not oppose the use of compulsory medical procedures in the time of a legitimate public health emergency. However, we expressed concern that none of the original bills provided for less intrusive means of medical treatment or 'opt-out' measures to accommodate individuals who cannot undergo such medical treatment due to their religious beliefs, e.g., quarantine rather than compelled vaccination. An amendment was approved to the enrolled bill, however, which did address this issue.
Nursing Homes/Electronic Monitoring.
Would have established a pilot project to demonstrate the use of electronic monitoring equipment in nursing homes. SB 1714 (Services for the Elderly) passed the Senate 37-0. Sent in messages to the House. Died in committee. There was no House companion. ACLU monitored the bill, but took no position.
The Legislature could have done much worse. That is little solace for a citizenry that deserves relief from the lawmakers' assault on Florida's constitutional guarantee of public access to any record of the official business of a public body or person acting on the public's behalf. Florida Legislature 2002 began with a record 153 proposed exemptions to the state's Sunshine Laws. Ultimately, 23 bills passed, creating 10 new exemptions, including those for public building blueprints, abandoned newborns and personal information collected by the Department of Insurance.
None of the worst restrictions on the public's right to know passed. The House defeated, but then resurrected, its bill to keep secret the records on who uses what from public utilities such as water and electricity. Had it become law, the exemption would have prevented the public from knowing the biggest water-wasters in their area. Senate legislation approved late in the session to shield reports about doctors' surgical errors is another of the restrictive bills that did not pass.
Among the September 11-driven bills, the blueprints of public buildings will be kept secret. A moratorium on putting certain public records on the Internet is a mixed bag. The few bills that have been enrolled include legislation to keep Social Security numbers off public records, and to restrict bank account numbers and other financial information.
Going to voters in November rather than to Governor Jeb Bush is one bright spot: a constitutional amendment that should make it harder to restrict the public's constitutional right of access by requiring that exemptions to the open records policy be passed by a two-thirds vote of each chamber. That bill also may be a sign that lawmakers, too, were waking up amid the increasing public awareness toward the end of the session that the Legislature risked burying Florida's century-old tradition of open government. ACLU opposed the majority of the public records exemption bills.
Prostitution/Substance Abuse. Requires persons convicted of prostitution to be screened for substance abuse, and requires an offender who tests positive for substance abuse to attend a treatment program. The bill also provides certain criminal sanctions for failure to complete the treatment program. SB 570 (Prostitution/Substance Abuse) passed the Senate 36-0. Sent in messages to the House where it passed 116-0. SB 376, a comparable bill, died in committee. HB 415, the House companion, was laid on the table. The bill has been enrolled. ACLU supported the treatment provisions of the bill, but expressed reservations about the criminal sanctions.
Sexual Offenses/Consent Defense. Prohibits defense based upon consent concerning sexual battery or certain lewd or lascivious offenses. HB 163 (Sexual Offenses/Consent Defense) passed the House 116-0. Sent in messages to the Senate where it passed 34-0. SB 2460, a comparable bill died in committee. SB 934, the Senate companion, was laid on the table. The bill has been enrolled. ACLU monitored the bill, but took no position.
Sexually Violent Offenders. Changes length of time for providing written notice to multidisciplinary team and state attorney of release of person from total confinement who has been convicted of a sexually violent offense. HB 949 (Sexually Violent Offenders) passed the House 116-0. Sent in messages to the Senate where it passed 31-0. SB 1824, the Senate companion, was laid on the table. The bill has been enrolled. ACLU monitored the bill, but took no position.
Search Warrants/Citrus canker. Provides grounds for issuance of search warrant to stop the spread of citrus canker. SB 1926 (Search Warrants/Citrus Canker) passed the Senate 22-13. Sent in messages to the House where it passed 89-26. HB 1539, the House companion, was laid on the table. The bill has been enrolled. ACLU monitored the bill, but took no position.
Parole Violations. Provides that law enforcement officer who has reasonable grounds to believe that an offender has committed a felony while offender is on release supervision or parole may arrest the offender without a warrant. HB 1447 (Parole Violations) passed the House 116-0. Sent in messages to the Senate where it passed 30-0. SB 2270, the Senate companion, was laid on the table. The bill has been enrolled. ACLU Opposed.
Three Strikes. After an appellate court declared unconstitutional the state's "three strikes" law that requires longer prison terms for repeat offenders, legislators re-enacted the law. HB 1397 (Three-Strike Violent Felony Offender Act) passed the House 102-11. Sent in messages to the Senate where it passed 35-2. SB 1970, the Senate companion, was laid on the table. The bill has been enrolled. ACLU Opposed.
Controlled Substances. Provides that prosecutors are no longer required to prove that a person found in possession of a controlled substance knew that it was an illegal drug to get a conviction. HB 1935 (Controlled Substances) passed the House 115-0. Sent in messages to the Senate where it passed 27-10. SB 2300, the Senate companion, was laid on the table. The bill has been enrolled. ACLU Opposed.
Access to Courts. Would have proposed amendment to the state constitution effecting the manner of selection and terms of office of Supreme Court justices and district court of appeal judges. HB 567 (JR/Court Justice Selection) withdrawn from further consideration by the sponsor. Its companion SB 162 died in committee. ACLU Opposed.
Legal Services. Creates the Florida Access to Civil Legal Assistance Act, which provides for the delivery of civil legal services assistance to poor or indigent persons through non-profit legal aid organizations. HB 491 (Florida Access to Civil Legal Assistance Act) passed in the House 114-1. Sent in messages to the Senate where it passed 36-0. The Senate companion SB 512 was laid on the table. The bill has been enrolled. ACLU Supported.
Jurors. Provides that jurors will be selected from electors, and not from the list of persons holding driver's licenses or Department of Highway Safety & Motor Vehicles identification cards. SB 434 (Jurors) passed the Senate 38-0. Sent in messages to the House where it passed 114-0. SB 466, a comparable bill died in committee. HB 1391 was laid on the table. The bill has been enrolled. ACLU Opposed.
Miccosukee Tribe. Would have allowed tribal council or the federal government to handle crimes involving Native Americans on reservation. SB 2248 (Indian Reservations/Criminal Offenses) died on the Senate calendar. Its House companion HB 1771 died on the House calendar. ACLU Supported.
Mandatory Seat Belts. Would have eliminated the requirement that the seat belt law be enforced as a secondary action when driver has been detained for another traffic violation. The bill also restricted the authority to search a vehicle based on a primary safety belt violation. SB 540 (Dori Slosberg Act of 2002) died in committee. Its House companion HB 75 was laid on the table. ACLU monitored the bill, but took no position. Some members of the legislative committee believed that ACLU should oppose the bill because it could become another pretext for racial profiling by law enforcement officers. Others argued that mandatory seat belt use is a valid public safety measure, and that law enforcement does not need a primary enforcement law to engage in racial profiling if that is their intent. The executive director took the former position, while legislative staff counsel took the latter.
Car phones. Bars local governments from restricting use of hand-held phones by motorists and orders the state to collect information on auto accidents caused by mobile telephones and other distractions. SB 358 (Distracted Drivers) passed the Senate 39-0. Sent in messages to the House where it passed 115-0. HB 233, the House companion, was laid on the table. SB 358 has been enrolled. ACLU monitored the bill, but took no position.
FIRST SPECIAL SESSION: THE SCHOOL CODE
The first special legislative session of 2002 was held April 2-5. Lawmakers returned to Tallahassee to rewrite the 1800-page school code because of changes to the state education system enacted by Florida Legislature 2001, which put all of education under the state Board of Education. Prior to last year's changes, K-12, community colleges and universities answered to separate bodies.
Going into conference negotiations, 42 differences separated the House and Senate proposals. In the end, Senate members agreed to the House position on most of the issues. Among them were provisions that:
- Created a research center for Alzheimer's disease at the University of South Florida, a priority for incoming House Speaker Johnnie Byrd.
- Required school board members to set their own salaries during a public meeting.
- Allowed school boards to hire principals without teacher certification or other educational background.
Lawmakers also agreed to remove a provision setting a maximum class size in public schools by 2010.
But it was new religious language in the school code that attracted the most attention.
ACLU BECOMES FOCAL POINT OF DISPUTE
The new language allowed, among other things, students to discuss their religious beliefs with other students, distribute religious literature and express religious beliefs in homework and artwork. It gave religious clubs the same access to schools as other clubs have. Christian conservatives fought for the religious provisions in the House version of the bill, which were subsequently accepted by the conference negotiators.
The language was present in the bill House and Senate negotiators agreed to on the final day of the legislative session on March 22, but that bill was not taken up on the Senate floor because Senate President John McKay did not want his chamber to vote on a 1,800-page proposal that few senators had read.
House members added the language to the bill in the closing days of the regular session and said it was based on provisions drafted and approved by the American Civil Liberties Union and the American Jewish Congress, two of the most vocal groups in opposition to religion in the schools.
In truth, neither the ACLU nor any other organization specifically drafted language for inclusion in the House bill. Rather the House leadership in the Education Committee excerpted some, but not all, of the provisions in the document "Religion in Schools: A Joint Statement of Current Law" which the ACLU has endorsed, along with 36 other organizations which are concerned about church/state issues. The full text of the Joint Statement can be read at the ACLU National web site.
Opponents in the Senate objected to the religious language being included in the bill because they feared it could pave the way for proselytizing and discrimination. They said the language was meant as a guideline for students, teachers and parents, not as the basis for a state statute.
There was one other controversial and rather bizarre provision that caused a rift among the members. Lawmakers voted to allow loaded guns on school campuses. The only caveat was that students would have to keep the guns locked in their cars. The National Rifle Association liked the idea because young hunters could hurry to shoot game after school without going through the bother of picking up their guns at their homes.
In the normal course of events, the school code bill should have been enrolled. Each house enacted its version. The competing bills were sent to a joint committee where the differences were resolved by conference negotiators. The committee bill was sent back to each house where the conferees argued for its passage on the floor. But, the bill was not enrolled.
The school code bill failed amongst charges of betrayal and deceit.
In the waning hours of the special session, the Senate leadership warned both the Speaker and Governor Jeb Bush that the inclusion of the religious language would kill the bill. The Senate President asked that the House leadership reconsider the religious provisions. Senate President John McKay said there were not 10 votes, out of 40, to pass the bill in the form the conferees had approved.
The House response was "take it or leave it." They passed the conference bill and immediately adjourned sine die. The Senate called the House's bluff. They declined to take a vote on the school code bill with the religious language included, and voted instead to adjourn sine die.
THE ACLU POSITION ON THE REWRITE OF THE SCHOOL CODE
Until the inclusion of the religious provisions in the 1800-page rewrite of the school code, the ACLU was prepared to take no position on the bill. However, when the House included the religious provisions in the bill and members of the House leadership stated that the language was drafted by the ACLU, much to the consternation of some of our members and supporters, the ACLU Legislative Office did begin to work with organizations and legislators who were concerned about the provisions.
In the House, where it was clear that the language was going to be included in their version of the bill, the ACLU took the position that it was inappropriate to include some, but not all, of the provisions in the Joint Statement. We were particularly concerned by the omission of the provision dealing with the obligation of school officials to intercede to stop student religious speech if it turns into religious harassment aimed at a student or small group of students.
In the Senate, the ACLU took the position that the House language purporting to guarantee religious freedom in schools did not need to be included in the school code at all. It was our view that the courts speak periodically to what the Constitution does and does not allow. To write evolving case law into a state statute would at best precipitate more litigation; at worst, it could be taken as an open invitation to students and evangelical groups to proselytize students on school campuses.
In summary, the ACLU believes that the Florida Senate was correct not to include the religious provisions in the school code. The authors of the Joint Statement span the ideological, religious and political spectrum. While they share a commitment both to the freedom of religious practice and to the separation of church and state, there was no intent for the Joint Statement to be codified into a state statute or school code. It was offered as a statement of consensus on current law to aid parents, educators and students. No more, no less.
