Home » Legislature & Courts » Legislative Summary Archive
2003 Florida Legislative Summary
By Larry Spalding, ACLU of Florida Legislative Staff Counsel
2003 Florida Legislative Summary
By Larry Spalding, ACLU of Florida Legislative Staff Counsel
Political pundits in Tallahassee have labeled the 2003 Regular Session of the Florida Legislature the worst in modern history. It could be called the "do-little" Legislature, and state lawmakers have been uniformly criticized by the editorial boards around the state for their performance. The members were even unable to pass the one bill required by the state constitution -- the annual budget.
Nonetheless, the good news is that there was little damage done to civil liberties. Sometimes it is a positive thing when the Legislature becomes stalemated. Such was the case this year as the House of Representatives and the Senate staked out divergent positions on several controversial issues and neither chamber was prepared to compromise. Here is the American Civil Liberties Union's capsule assessment of the regular legislative session, which adjourned sine die on May 2.
The Good
Medically Needy: The Legislature reached a quick consensus and found funds to continue financing this special healthcare program, which is literally a lifeline for thousands of people. The 27,000 participants will continue to get their benefits until July 1, and probably beyond.
Teachers' Union: A mean-spirited bill that sought to undercut the statewide teachers union's political clout by preventing it from using dues money for political purposes died in committee. The bill applies only to the teachers union, but not to other unions, like police and firefighters.
The Bad
Phone rates are about to soar, you no longer can ask your local government to rein in a polluting farm, local governments cannot enact a 'living wage,' and if a dry-cleaning business has dumped chemicals into your drinking water, that is too bad.
Civil Rights: Florida Attorney General Charlie Crist commendably sought to strengthen the state's civil rights laws. Unfortunately, he underestimated the retail industry's clout, which helped kill a sensible bill to make state statutes consistent with federal law.
Anti-discrimination: The Legislature would not let a bill designed to protect gay students from being harassed in the public schools be heard.
Environment: The Florida Legislature approved a bad bill that threatens the $8.4 billion federal/state Everglades Restoration Project. The bill gives water managers at least another decade to reach stricter water-quality standards for the Everglades. Florida's sugar industry was the primary supporter of the bill which was ordered enrolled.
The 'Right to Farm' bill provides that local governments cannot pass any laws dealing with farmland as long as the farm is regulated by any state or federal agency. Since local regulations typically are tougher than state and federal rules, this effectively weakens citizen protections.
The effort to 'Free the Oklawaha' received another setback as the members enacted legislation to weaken, and perhaps halt, efforts to restore the river to its pre-Florida Barge Canal condition.
Telephone Charges: Supporters say the enrolled legislation will boost competition and any price hikes in local charges will be offset by drops in long-distance rates. Advocates for the poor and the elderly worry that monthly bills for basic phone service will rise by as much as $8.00 over four years and then jump another 20 percent each year after that.
The Unfinished
Budget: Governor Jeb Bush issued a call for a special session on the budget which will convene on May 12 and is set to adjourn on May 27. The House and Senate will try again to get beyond their differences and craft a budget that will most likely include more tax breaks, deep program cuts, and no significant new ways of raising additional revenue to provide state services.
Smoking: Florida House legislation would ban smoking in all bars. This restriction would exceed the requirement of a state constitutional amendment passed by voters in November that allows smoking in "stand-alone" bars not attached to restaurants. The Senate measure would allow smoking in all bars at which food sales amount to 12 percent or less of income, but impose much tougher fines for violators than the House. The two chambers could not reach a compromise to implement the amendment.
Class-Size: The Legislature adjourned before completing work on legislation to address the class-size amendment. Some of the more worrisome suggestions being put forward are to lower graduation standards, expand the state's voucher programs to permit more students to attend private or religious schools, and authorize a form of home-schooling, called Virtual Schools for which the student would also receive a voucher.
Medical Malpractice: There is no resolution in sight, even with medical malpractice insurance all but unaffordable and more and more physicians curtailing their practices, or going "bare." The issue will resurface again in another special session later this summer, but it doubtful that the members can reach a compromise on the crisis. The major sticking point is the $250,000 cap on "pain and suffering," which the House wants and the Senate does not.
Workers' Compensation: Businesses operating in the state will continue to pay among the nation's highest premiums, while Florida workers will keep collecting some of America's lowest benefits. Something is wrong somewhere, but the members cannot seem to find a solution.
In summary, the Florida Legislature did not accomplish much during the 2003 Regular Session. Consequently, to the consternation of both members and lobbyists, there will likely be several special session calls over the next few months. Some insiders predict that the Legislature will continue to meet throughout the summer to deal with their unfinished business.
ACLU ISSUES
Voting Rights
Not a single bill relating to voting rights passed during the regular session including a bill relating to retrofitting many of Florida's existing laws to meet the requirements of the federal Help America Vote Act of 2002. None of the several joint resolutions relating to constitutional amendments and the initiative process passed.
None of the bills and joint resolutions to restore a felony offender's right to vote and hold office upon his or her release from incarceration and post-conviction supervision even received the courtesy of a committee hearing by the Republican leadership. This was a major disappointment to the Florida Voting Rights Project and the Legislative Black Caucus, which worked hard to bring the issue before the members for a meaningful debate.
Capital Punishment
The only bill enrolled dealing with the death penalty created a public records exemption for information about the executioner. Unfortunately, legislation supported by the ACLU to provide that a sentence of death is not authorized punishment for a person who, at the time of the crime, was younger than 18 years of age died on the Senate calendar. Current law sets the age at 16.
There was much debate about a proposal from Governor Jeb Bush to eliminate the offices of the Capital Collateral Regional Counsel (CCRC) in favor of appointing only private attorneys to provide capital post-conviction representation for the men and women on Florida's death row. That issue remains unresolved because the members were unable to adopt a budget. At the time of adjournment sine die, the House position was to concur with the Governor and eliminate the CCRC funding. The Senate was prepared to continue to fund the three existing offices. The issue will be resolved in the Special Session, most likely in conference by the Judicial Appropriations Committees.
Church/State
The only bill being tracked by ACLU relating to church/state matters which was enrolled was the Stephanie Saboor Grieving Parents Rights Act. The bill provides that a healthcare facility must notify a mother of her right to burial or cremation of the fetus when it has custody of the fetus following spontaneous fetal demise.
A school prayer bill died on the House calendar. A bill to mandate the posting of 'In God We Trust' in all public schools died in committee. A bill dealing with faith-based counseling died in committee while another creating the Florida Faith-Based Initiative died on the House calendar. An effort to ban human cloning in Florida died on the House calendar.
None of the various bills that sought to balance the need to report child abuse and maintenance of the priest/penatent privilege was passed.
Finally, none of the numerous bills dealing with the expansion of school vouchers to address the class-size amendment passed. However, the expansion of school vouchers will be one of the critical issues debated in the special session on the budget either in the form of new bills or in proviso language in the budget.
Reproductive Rights
The only significant bill dealing with reproductive rights issues repealed the 'Scarlet Letter' notification provisions in the adoption law and replaced it was a paternity registry.
A bill to heighten regulatory requirements for abortion clinics died on the House calendar while a fetal homicide bill died in committee
The Equal Rights Amendment, which got a strong push by supporters during the regular session, died in committee.
Some of the major bills tracked by ACLU
HB 19 Gottlieb The Dignity for All Students Act - Relating to creating the Act; provides legislative findings re harassment, discrimination & violence in Florida schools; prohibits specified conduct & provides for punitive measures; provides definitions.
Companions: SB 1498
Bill History: 05-02-03 Died in committee
ACLU Supported.
HB 219 Bean Women's Health & Safety Act - Relating to creating the Act; specifies that rules re abortions must be in accordance with current statutes that stipulate prohibited acts re abortions & must not impose unconstitutional burden on woman's decision.
Companions: SB 212
Bill History: 05-02-03 Died on House Calendar
ACLU Opposed
HB 45 Jordan Constitutional Compliance Assistance - Relating to creating the program to enable students to receive scholarship to attend private schools; provides for award of scholarship if constitutional mandate for class size is not met.
Companions: HB 213 SB 1468 SB 2532
Bill History: 05-02-03 Died in committee
ACLU Opposed
HB 615 Joyner Resolution/Amendment/Equal Rights - A concurrent resolution ratifying the proposed amendment to the Constitution of the United States relating to equal rights for men and women.
Companions: SB 1166
Bill History: 05-02-03 Died in committee
ACLU Supported
HB 707 Planas Homicide/Unborn Quick Child - Relating to homicide of an unborn quick child; including 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."
Companions: SB 2072
Bill History: 05-02-03 Died in committee
ACLU Opposed
HB 243 Holloway School Prayer - Relating to authorizing individual district school boards by resolution to allow invocation or benediction at specified secondary school-related events.
Companions: SB 1916
Bill History: 05-02-03 Died on House Calendar
ACLU Opposed
HB 535 Hogan Display/Motto "IN GOD WE TRUST" - Relating to directing each district school superintendent to provide for display of the motto "IN GOD WE TRUST" in a prominent location in public schools.
Companions: HB 1887
Bill History: 05-02-03 Died in committee
ACLU Opposed
HB 1003 Roberson JR/Right to Vote & Hold Office - A joint resolution proposing an amendment to State Constitution to restore felony offender's right to vote and hold office upon his or her release from incarceration and post-conviction supervision.
Companions: HB 1413 SB 1264 SB 2288 SB 2292
Bill History: 05-02-03 Died in committee
ACLU Supported
SB 1070 Crist Death Sentence - Relating to providing that sentence of death is not authorized punishment for person who, at time of crime, was younger than 18 years of age; requiring court sentence person to life imprisonment without possibility of parole.
Companions: None
Bill History: 05-02-03 Died on Senate Calendar
ACLU Supported
SB 1250 Wise Obscenity/Public Libraries - Relating to requiring public libraries that provide on-line computer access to persons under 18 years of age install or make available software or other technology that prohibits access to obscene materials.
Companions: HB 49 HB 415 SB 1408 SB 1434
Bill History: 05-02-03 Died in committee
ACLU Opposed
SB 1760 Wise Student Financial Assistance - Relating to prohibiting state funds to provide financial assistance to certain post-secondary students who are citizens from specified countries; requires amount of funds for Florida Bright Futures Scholarship Program.
Companions: HB 31
Bill History: 05-02-03 S Died in committee
ACLU Opposed
SB 1214 Villalobos Florida Civil Rights Act - Relating to provides that the Attorney General may commence civil action against person or group engaging in discriminatory practices & obtain damages, attorney's fees & costs & other relief.
Companions: HB 215 HB 933 SB 138
Bill History: 05-02-03 Died in returning Messages to Senate
ACLU Supported
SB 54 Constantine Minimum Wage/Political Subdivision - Relating to prohibiting political subdivision from requiring employers to pay minimum wage, other than federal minimum wage.
Companions: HB 321
Bill History: 05-02-03 Ordered enrolled
ACLU Opposed
SB 2416 Sebesta Public Records/Motor Vehicles - Relating to exempting from public records law certain information to bring state into compliance with federal Driver's Privacy Protection Act.
Companions: None
Bill History: 05-02-03 Died on Senate Calendar
ACLU Supported
