2014 Florida Report and Voting Record on Legislative Issues
www.aarp.org/flvotingrecord2014
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AARP’S VISION A society in which all people live with dignity and purpose, and fulfill their goals and dreams.
AARP’S MISSION AARP enhances the quality of life for all as we age. We champion positive social change and deliver value through advocacy, information and service.
SPECIAL THANKS TO AARP FLORIDA’S ADVOCACY TEAM: Rotanya Bryan - Legislative Advocacy Intern Janay Todd - Senior Program Assistant Laura Cantwell - Associate State Director of Advocacy Jack McRay - Advocacy Manager
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Table of Contents I. Introduction .......................................................................................................................................................................p. 4 Legend.......................................................................................................................................................................p. 4 Communication to Legislators on Voting Record Report.................................................................................p. 5 Sample Email Notice...............................................................................................................................................p. 6 Bills Selected for Vote Recording by Date of Notice...........................................................................................p. 7 Florida Senators......................................................................................................................................................p. 10 Florida Representatives..........................................................................................................................................p. 11 II. Summaries of Bills Selected for Vote Recording .....................................................................................................p. 14 Budget......................................................................................................................................................................p. 14 Health and Supportive Services............................................................................................................................p. 15 Consumer Protections...........................................................................................................................................p. 17 III. Summaries of Other Bills of Interest That Were Not Selected for Vote Recording ........................................p. 20 Health and Supportive Services...........................................................................................................................p. 20 Consumer Protections..........................................................................................................................................p. 20 Livable Communities............................................................................................................................................p. 20 IV. Voting Record Tables ...................................................................................................................................................p. 21 Budget HB 5001 - General Appropriations Act...............................................................................................p. 21 HB 5003 - Implementing 2014-2015 General Appropriations Act..................................................p. 23 HB 5201 - Medicaid................................................................................................................................p. 25 Health and Supportive Services
SB 248 - Assisted Living Facilities........................................................................................................p. 27 HB 573 - Health of Residents................................................................................................................p. 28 HB 7105 - Health Care Services Rulemaking.....................................................................................p. 29
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SB 670 - Nursing Home Litigation.......................................................................................................p. 31
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Table of Contents
HB 569 - Nursing Home Litigation......................................................................................................p. 33 HB 287 - Certificates of Need................................................................................................................p. 34 SB 268 - Certificates of Need.................................................................................................................p. 36 HB 91 - State Ombudsman Program....................................................................................................p. 37 SB 508 - State Ombudsman Program...................................................................................................p. 38 HB 709 - Alzheimer’s Disease...............................................................................................................p. 39 SB 872 - Alzheimer’s Disease................................................................................................................p. 41 SB 824 - Hepatitis C Testing..................................................................................................................p. 42 HB 465 - Hepatitis C Testing.................................................................................................................p. 42 SB 316 - Certification of Assisted Living Facility Administrators....................................................p. 43 Consumer Protections SB 1154 - Nursing Home Guide Watch List........................................................................................p. 43 SB 1192 - Pallative Care.........................................................................................................................p. 43 HB 409 - Offenses Against Vulnerable Persons..................................................................................p. 44 SB 588 - Offenses Against Vulnerable Persons...................................................................................p. 46 HB 635 - Guardianship..........................................................................................................................p. 47 SB 634 - Guardianship............................................................................................................................p. 49 SB 242 - Security of a Protected Consumer’s Information................................................................p. 50 HB 151 - Security of a Protected Consumer’s Information...............................................................p. 52 HB 413 - Consumer Collection Practices............................................................................................p. 53 SB 1006 - Consumer Collection Practices...........................................................................................p. 55 SB 750 - Rights of Grandparents and Great-Grandparents...............................................................p. 56 HB 789 - Rights of Grandparents and Great-Grandparents..............................................................p. 56 SM 196 - Marketplace Fairness Act of 2013..........................................................................................p. 57 HB 1235 - Florida Homeowners’ Construction Recovery Fund.......................................................p. 57
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Section I. Introduction
Prior to the 2014 Legislative Regular Session, AARP Florida advised legislators that it would publish this final report on voting records for bills identified by AARP as having special significance for our members and Florida’s older residents. When a bill was selected for vote recording and was placed on an agenda to be heard, AARP Florida notified legislators by email (See p. 6 for an example). The email stated that AARP would track the bill and report the votes on that bill, or any successor bill through the entire legislative process. AARP also provided updates on the status of the bill to its volunteers and stakeholders through the AARP blog and AARP Twitter accounts. Section I provides the communication to legislators on vote recording and a complete list of all Florida legislators and their parties, districts, and county legislative delegations. Section II provides a summary of all the bills AARP Florida selected for the final voting record report. The summaries identify the pages where readers may review the voting records for each bill. Section III provides a summary of other bills of interest that were not selected for vote recording. The legend below,
provides instructions on how to navigate the voting record tables located in Section IV. Visit www.aarp.org/flvotingrecord2014 to view the electronic version of this 2014 report. This document is based on information as of Tuesday, July 1, 2014. Legend for use with Section IV:
Florida Legislators
Blue=Democrat Red=Republican
Votes
Y=Favor N=Oppose A=Absent FV=Floor Vote Amend.=Amendment 3rd FV=Vote on Third Reading 1st Engrossed=Additional Amendments
Final FV=Vote on Third Reading for Final Passage or Failure FV on Conf. Bill=Floor Vote on Conference Committee Report
Bills
CS=Committee Substitute Companion=Identical or Similar to the Bill Introduced in the Other Chamber
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Communication to Legislators on Voting Record Report
October 8, 2013
Dear Legislator: AARP strongly believes voters should be informed on issues affecting older Floridians. With this in mind, and in response to requests from our members and from Florida legislators sitting on both sides of the aisle, AARP will identify bills of particular interest to AARP’s members and tell them how legislators vote during each legislative step on those bills. AARP will provide legislators notice of the bills selected for this reporting. AARP plans to publish a final voting record report at the conclusion of the 2014 Legislative Session. Included is a link to the voting record report which was published at the conclusion of the 2013 Session: http://bit.ly/150PKxn. In order to increase understanding of the legislation and lawmakers’ views on bills, AARP will encourage its readers to contact state legislators directly to learn more. Please direct questions or requests for additional information concerning AARP’s voting records initiative to Charles Milsted (850-577-5190), or Laura Cantwell (850-570-2110). AARP’s members and state advocacy staff look forward to engaging legislators and legislative staff through completion of the 2014 Regular Session. AARP is a nonprofit, nonpartisan social welfare organization with a membership that helps people 50+ have independence, choice and control in ways that are beneficial and affordable to them and society as a whole. AARP does not endorse candidates for public office and it does not make contributions to either political campaigns or candidates. We produce AARP The Magazine , the definitive voice for 50+ Americans and the world’s largest-circulation magazine; AARP Bulletin , the go-to news source for AARP’s millions of members (nearly 3 million in Florida) and Americans 50+; AARP VIVA , the only bilingual U.S. publication dedicated exclusively to the 50+ Hispanic community; and our website, AARP.org.
Respectfully,
Jack L. McRay Advocacy Manager AARP Florida
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Sample Email Notice
Dear Legislator:
This is a notice that AARP will maintain a record of the members’ votes, at every stage of the legislative process, on the following bills:
HB 569 by Representative Gaetz, re: Nursing Home Litigation Reform
SB 670 by Senator Thrasher, re: Nursing Home Litigation
HB 573 by Representative Ahern, re: Assisted Living Facilities
SB 634 by Senator Brandes, re: Guardianship
AARP may publish voting records during the course of the Session and will publish a final report of voting records after the Session ends. Please direct questions or requests for additional information concerning AARP’s voting records project or AARP’s positions on these bills to AARP’s advocacy staff: Laura Cantwell (850-570- 2110) or Charles Milsted (850-577-5190).
Jack McRay Advocacy Manager
AARP Florida (850) 577-5187
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Bills Selected for Vote Recording by Date of Notice
October 7, 2013
PCB 7000 by Children, Families, and Elder Affairs; re: Assisted Living Facilities (SB 248)
January 8, 2014
SB 268 by Senator Grimsley, re: Certificates of Need
January 14, 2014
HB 287 by Representative Artiles, re: Certificates of Need
February 3, 2014
SB 196 by Senator Margolis, re: Marketplace Fairness Act of 2013
February 4, 2014
HB 151 by Representative Fitzenhagen, re: Security of Protected Consumer’s Information
HB 413 by Representative Santiago, re: Office of Financial Regulation (Consumer Collection Practices)
HB 91 by Representative Roberson, re: State Ombudsman Program
HB 409 by Representative Passidomo, re: Offenses Against Vulnerable Persons
February 10, 2014
HB 569 by Representative Gaetz, re: Nursing Home Litigation Reform
SB 670 by Senator Thrasher, re: Nursing Home Litigation
HB 573 by Representative Ahern, re: Assisted Living Facilities (Health of Residents)
SB 634 by Senator Brandes, re: Guardianship
February 17, 2014
SB 588 by Senator Richter, re: Offenses Against Vulnerable Persons
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February 18, 2014
HB 635 by Representative Passidomo, re: Guardianship
March 4, 2014
HB 709 by Representative Hudson, re: Alzheimer’s Disease
SB 872 by Senator Richter, re: Alzheimer’s Disease
March 11, 2014
HB 789 by Representative Rouson, re: Rights of Grandparents and Great-Grandparents
March 17, 2014
HB 465 by Representative Jones (M), re: Hepatitis C Testing
SB 750 by Senator Abruzzo, re: Rights of Grandparents and Great-Grandparents
March 19, 2014
SB 824 by Senator Joyner, re: Hepatitis C Testing
March 24, 2014
SB 316 by Senator Bean, re: Certification of Assisted Living Facility Administrators
SB 1006 by Senator Hays, re: Consumer Collection Practices
March 26, 2014
PCB APC 14-09 by House Appropriations Committee, re: General Appropriations Act (HB 5001)
PCB APC 14-10 by House Appropriations Committee, re: Implementing the 2014-2015 General Appropriations Act (HB 5003)
SPB 7090 by Senate Appropriations Committee, re: Appropriations (SB 2500)
SPB 7092 by Senate Appropriations Committee, re: Implementing the General Appropriations Act (SB 2502)
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SPB 7100 by Senate Appropriations Committee, re: Medicaid (SB 2512)
March 31, 2014
SB 784 by Senator Clemens, re: Online Voter Registration
April 7, 2014
HB 1235 by Representative Dudley, re: Florida Homeowners’ Construction Recovery Fund
SB 1192 by Senator Sobel, re: Palliative Care
April 8, 2014
SB 1154 by Senator Soto, re: Nursing Home Guide Watch List
SB 508 by Senator Detert, re: State Ombudsman Program
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Florida Senators Blue=Democrat Red=Republican
Name
District Local Delegations
Abruzzo, Joseph Altman, Thad
25 16
Palm Beach
Brevard, Indian River
Bean, Aaron
4
Duval, Nassau Charlotte, Lee
Benacquisto, Lizbeth
30
Bradley, Rob Brandes, Jeff
7
Alachua, Bradford, Clay Hillsborough, Pinellas Broward, Miami-Dade
22 36 39 27
Braynon, II, Oscar Bullard, Dwight
Collier, Hendry, Miami-Dade, Monroe
Clemens, Jeff
Palm Beach
Dean, Sr., Charles S.
5
Baker, Citrus, Columbia, Dixie, Gilchrist, Lafayette, Levy, Marion, Suwannee, Union
Detert, Nancy C.
28 40
Charlotte, Sarasota
Diaz de la Portilla, Miguel
Miami-Dade
Evers, Greg
2
Escambia, Okaloosa, Santa Rosa
Flores, Anitere Gaetz, Don Galvano, Bill Garcia, Rene Gardiner, Andy Gibson, Audrey Grimsley, Denise
37
Miami-Dade
1
Bay, Holmes, Jackson, Okaloosa, Walton, Washington
26 38 13
Charlotte, DeSoto, Glades, Hardee, Highlands, Hillsborough, Manatee
Miami-Dade
Brevard, Orange
9
Duval
21 11
Highlands, Martin, Okeechobee, Osceola, Polk, St. Lucie
Hays, Alan
Lake, Marion, Orange, Sumter
Hukill, Dorothy L. Joyner, Arthenia L.
8
Lake, Marion, Volusia
19 20 24 17 35
Hillsborough, Manatee, Pinellas
Latvala, Jack Lee, Tom Legg, John
Pinellas
Hillsborough
Hillsborough, Pasco
Margolis, Gwen
Miami-Dade
Calhoun, Franklin, Gadsden, Gulf, Hamilton, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla
Montford, Bill
3
Negron, Joe
32 23 29 34 10 18 31 33 14 15 12
Indian River, Martin, Palm Beach, St. Lucie
Richter, Garrett
Collier, Lee
Ring, Jeremy
Broward
Sachs, Maria Lorts Simmons, David Simpson, Wilton Smith, Christopher L.
Broward, Palm Beach
Seminole, Volusia
Hernando, Pasco, Sumter
Broward Broward
Sobel, Eleanor Soto, Darren Stargel, Kelli
Orange, Osceola, Polk Orange, Osceola, Polk
Thompson, Geraldine F.
Orange
Thrasher, John
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Flagler, Putnam, St. Johns, Volusia (1 of 1)
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Florida Representatives Blue=Democrat Red=Republican
Name
District
Local Delegations
Adkins, Janet H. Ahern, Larry Albritton, Ben Antone, Bruce Artiles, Frank Baxley, Dennis K.
11 66 56 46
Duval, Nassau
Pinellas
DeSoto, Hardee, Polk
Orange
118
Miami-Dade
23 90
Marion
Berman, Lori
Palm Beach
Beshears, Halsey Bileca, Michael
7
Calhoun, Franklin, Gulf, Jefferson, Lafayette, Liberty, Madison, Taylor, Wakulla, Leon
115
Miami-Dade
Boyd, Jim
71 45 28
Manatee, Sarasota
Bracy, Randolph Brodeur, Jason T. Broxson, Doug
Orange
Seminole
3
Okaloosa, Santa Rosa
Caldwell, Matthew H. Campbell, Daphne D. Castor Dentel, Karen Clarke-Reed, Gwyndolen Clelland, Michael Philip
79
Lee
108
Miami-Dade
30 92 29
Orange, Seminole
Broward Seminole
Coley, Marti Combee, Neil
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Bay, Holmes, Jackson, Walton, Washington
39 37 51 62 18 63 15
Osceola, Polk
Corcoran, Richard Crisafulli, Steve
Pasco
Brevard
Cruz, Janet
Hillsborough
Cummings, W. Travis
Clay
Danish, Mark Davis, Daniel Diaz, Jose Felix Diaz, Jr., Manny Dudley, Dwight
Hillsborough
Duval
116 103
Miami-Dade
Broward, Miami-Dade
68 77 98 44 78
Pinellas
Eagle, Dane
Lee
Edwards, Katie A. *Eisnaugle, Eric
Broward Orange
Fitzenhagen, Heather
Lee
Fresen, Erik
114
Miami-Dade
Fullwood, Reggie
13
Duval
Gaetz, Matt
4
Okaloosa
Gibbons, Joseph A. Gonzalez, Eduardo Goodson, Tom Grant, James W.
100 111
Broward, Miami-Dade
Miami-Dade
50 64
Brevard, Orange
Hillsborough, Pinellas
(1 of 3)
*Note: Rep. Stephen Precourt (District 44) resigned, effective 01/09/14; Rep. Eric Eisnaugle was elected 04/08/14.
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Florida Representatives Blue=Democrat Red=Republican
Name
District
Local Delegations
Hager, Bill
89 83
Palm Beach
Harrell, Gayle B. Hill, Walter Bryan
Martin, St.Lucie
2
Escambia, Santa Rosa
Holder, Doug
74 25 67 80 24
Sarasota Volusia Pinellas
Hood, Jr., Charles David
Hooper, Ed
Hudson, Matt Hutson, Travis Ingram, Clay Jones, Mia L. Jones, Shevrin D.
Collier, Hendry
Flagler, St. Johns, Volusia
1
Escambia
14
Duval
101
Broward
Kerner, Dave La Rosa, Mike Lee, Jr., Larry
87 42 84 82 54 16
Palm Beach Osceola, Polk
St. Lucie
Magar, MaryLynn Mayfield, Debbie McBurney, Charles McGhee, Kionne L.
Martin, Palm Beach Indian River, St. Lucie
Duval
117
Miami-Dade
McKeel, Seth Metz, Larry
40 32 93 97
Polk Lake
Moraitis, Jr., George R. Moskowitz, Jared Evan
Broward Broward
Murphy, Amanda Hickman 36
Pasco
Nelson, Bryan
31
Lake, Orange Miami-Dade Miami-Dade
Nuñez, Jeanette M.
119 110
Oliva, Jose R.
O’Toole, H. Marlene
33 86
Lake, Marion, Sumter
Pafford, Mark S.
Palm Beach
Passidomo, Kathleen C.
106
Collier
Patronis, Jimmy Perry, W. Keith
6
Bay
21 69 55 72 10 88
Alachua, Dixie, Gilchrist
Peters, Kathleen M.
Pinellas
Pigman, Cary
Glades, Highlands, Okeechobee, St. Lucie
Pilon, Ray
Sarasota
Porter, Elizabeth W.
Alachua, Baker, Columbia, Hamilton, Suwannee
Powell, Bobby
Palm Beach
Pritchett, Sharon
102
Broward, Miami-Dade
Raburn, Jake Rader, Kevin
57 81 43
Hillsborough Palm Beach
Rangel, Ricardo
Osceola
Raschein, Holly Merrill
120
Miami-Dade, Monroe
(2 of 3)
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Florida Representatives Blue=Democrat Red=Republican
Name
District
Local Delegations
Raulerson, Daniel D.
58 12 61
Hillsborough
Ray, Lake
Duval
Reed, Betty
Hillsborough
Rehwinkel Vasilinda, Michelle
9
Leon
Renuart, Ronald Richardson, David
17
St. Johns
113
Miami-Dade
Roberson, Kenneth L. Rodrigues, Ray Wesley Rodrìguez, José Javier Rogers, Hazelle P. Rooney, Jr., Patrick Rouson, Darryl Ervin Santiago, David Saunders, Joe Schenck, Robert C. Schwartz, Elaine J. Slosberg, Irving Smith, Jimmie T.
75 76
Charlotte
Lee
112
Miami-Dade
95 85 70 27 49 35 99 91 34 59
Broward
Palm Beach
Hillsborough, Manatee, Pinellas, Sarasota
Volusia Orange
Hernando Broward Palm Beach
Citrus, Hernando
Spano, Ross
Hillsborough Miami-Dade
Stafford, Cynthia A.
109 104
Stark, Richard
Broward
Steube, W. Gregory
73 47 22 26 94 53 48
Manatee, Sarasota
Stewart, Linda Stone, Charlie
Orange
Levy, Marion
Taylor, Dwayne L.
Volusia Broward Brevard Orange
Thurston, Jr., Perry E.
Tobia, John
Torres, Jr., Victor Manuel
Trujillo, Carlos
105
Broward, Collier, Miami-Dade Bradford, Clay, Putnam, Union
Van Zant, Charles E. Waldman, James W. Watson, Barbara Watson, Jr., Clovis Weatherford, Will Williams, Alan B.
19 96
Broward
107
Miami-Dade
20 38
Alachua, Marion
Pasco
8
Gadsden, Leon
Wood, John
41 52 60 65
Polk
Workman, Ritch Young, Dana D.
Brevard
Hillsborough
Zimmermann, Carl F.
Pinellas
(3 of 3)
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Section II. Summaries of Bills Selected for Vote Recording
Budget General Appropriations Act for Fiscal Year 2014-2015: HB 5001 General Appropriations Act 2014 by House Appropriations Committee; HB 5003 Implementing 2014-2015 General Appropriations Act by House Appropriations Committee; HB 5201 Medicaid by House Health Care Appropriations Subcommittee, PASSED. The bills are now Chapter No. 2014-51/ Chapter No. 2014-53/ Chapter No. 2014-57, Laws of Florida, effective July 1, 2014. The companion bills were SB 2500 Appropriations by Senate Appropriations Committee; SB 2502 Implementing the General Appropriations Act 2014 by Senate Appropriations Committee; and SB 2512 Medicaid by Senate Appropriations Committee. AARP monitored the budgetary process and participated when appropriate. The Florida Legislature passed a $77.1 billion budget for Florida’s Fiscal Year 2014- 2015. Some impacts from the appropriations act include: • Statewide Medicaid Managed Care Long Term Care (SMMC LTC): The budget allocates an increase in $12,576,966 to serve elders classified with a priority score of five or higher on the Statewide Medicaid Managed Care Long Term Care waitlist, which means they are the frailest potential recipients in most need of service. This will serve approximately 823 persons with home- and-community-based services. The State began to implement the SMMC LTC in August 2013 and completed its statewide rollout in March 2014. The program is designed to provide home-and-community-based services to indigent Medicaid recipients who require nursing facility level of care and who are 65 years of age or older or who are age 18 or older and disabled. • Statewide Medicaid Managed Care Long Term Care Program (SMMC LTC): Quality of Services and Cost Effectiveness Study/ Evaluation: The budget provides $200,000 in nonrecurring funds from the Medical Care Trust Fund to complete the federally required assessment of services, quality of services, and cost effectiveness of the SMMC LTC.
• Assistive Care Services (ACS): The budget appropriates a rate increase of $8,378,684 towards Assistive Care Services. ACS is a Medicaid-based, state administered program that provides care for eligible low- income residents enrolled in a qualified assisted living facility or adult family-care home. These services are for residents who demonstrate functional limitations. ACS include, but are not limited to, assistance with activities of daily living, medication administration, and health support. • Program for All-Inclusive Care for the Elderly (PACE): The budget provides an increase of $12,983,557 in funding to serve 600 additional individuals (slots) in the following counties: Palm Beach (200), Lee (30), Collier (10), Charlotte (10), Miami-Dade (125), Broward (125), and Pinellas (100). PACE provides HCBS for individuals who would otherwise qualify for Medicaid nursing home placement. • Alzheimer’s Disease Initiative (ADI): Alzheimer’s respite care services will receive an increase of $4,000,000 in General Revenue funding to serve 392 individuals, i.e. 41.2% of those waiting to receive services. Following the allocation of these funds, the Department of Elder Affairs (DOEA) may authorize a pilot project within Broward County to establish a 24-hour emergency Alzheimer’s respite care demonstration project. Also, $1,500,000 of funding for ADI will go towards the following projects: Alzheimer’s Memory Mobile, Alzheimer’s Project, Inc., Alzheimer’s Community Care Association, and Lucanus Development Center. The Governor vetoed funding to the Mt. Sinai Community Center Brain Bank. • Alzheimer’s Research: The budget allocates $3,000,000 to establish the new Ed and Ethel Moore Alzheimer’s research program to competitively award peer review grants to Alzheimer’s disease research projects (see “Alzheimer’s Disease” below for more details). • Adult Day Training Providers: The budget appropriates a rate increase of
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$1,300,000, i.e., a two percent across-the-board raise to all adult day training service providers in the Medicaid Home and Community Based Services Waiver program. Adult Day Training Providers offer service recipients up to six hours per day of training in the areas of self- help and adaptive social skills. These services are provided through congregate settings, off- site enclaves and mobile work crews. • Senior Hot Meals Programs: The budget appropriates an increase of $2,300,000 for senior meal programs. The meals go to low-income seniors at risk for malnutrition and isolation. The funds will also be used for senior nutritional education and counseling services. • Aging and Disability Resource Centers (ADRCs): The budget appropriates $1,300,000 in nonrecurring funds to the 11 ADRCs which assist older adults with information, program eligibility, and intake and assessment under the Statewide Medicaid Managed Care Long Term Care program. • Community Care for the Elderly (CCE): The budget provides the Community Care for the Elderly (CCE) program an additional $5,000,000 from the General Revenue Fund, of which $1 million is nonrecurring, to serve approximately 751 slots or 8.1% of those waiting to receive services. The CCE program is a non-Medicaid program that provides home-and-community-based services (HCBS) to seniors aged 60+ who may be at risk of nursing home placement. CCE provides services such as adult day care, case management, home delivered meals, and home nursing. • Personal Needs Allowance: For the first time in more than 25 years, the budget includes an increase in the personal needs allowance for nursing home residents, tripling the allocation from $35 to $105 per month. This money is used to pay for haircuts, toiletries, clothing, etc. • Public Guardianship: The budget includes an increase in $3,000,000 from General Revenue to operate the Public Guardianship program on a statewide basis and to allow resources to be allocated to local public guardianship offices. An additional
$750,000 of nonrecurring funds is provided to Lutheran Services Florida which will provide guardianship services to the indigent statewide. • Affordable Housing: The budget appropriates $167,700,000, including $57,700,000 to fund construction or rehabilitation of rental units for older adults, the homeless, and persons with developmental disabilities. The budget also includes $100,000,000 for the State Housing Initiatives Partnership (SHIP) program. SHIP must use a minimum of 20 percent to serve those with special needs. SHIP provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. SHIP may use funds for emergency repairs, new construction and rehabilitations. See Voting Record for HB 5001 p. 21; HB 5003 p. 23; HB 5201 p. 25 Health and Supportive Services Assisted Living Facilities (ALFs): In 2011, the Miami Herald published an exposé about abuses occurring in ALFs and about shortcomings in the state regulatory response to such cases. For successive years, the legislative Chambers have been unable to agree on a hybrid bill. CS/CS/SB 248, by Children, Families, and Elder Affairs, FAILED. The companion bill was CS/CS/CS/ HB 573 by Representative Ahern. AARP supported this legislation. • Substantive provisions of the bills were amended onto the engrossed amendment for CS/HB 7105, Health Care Services Rulemaking, by House Rulemaking, Oversight & Repeal Subcommittee and Representative Hutson. That legislation became a “runaway train” overloaded with other legislative proposals. The legislation passed the Senate, but the House refused to concur and the legislation died. • The legislation would have: established heightened consumer protections for those in ALFs; mandated additional training for ALF staff; stiffened fines for licensure violations; and required additional inspections for facilities cited for significant violations. See Voting Record for CS/CS/SB 248, p. 27; CS/CS/CS/HB 573 p. 28; CS/HB 7105 p. 29
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Nursing Home Litigation Reform: CS/CS/SB 670, by Senator Thrasher, PASSED. The legislation is now Chapter No. 2014-82, Laws of Florida, effective June 13, 2014. The companion bill was CS/CS/HB 569 by Representative Gaetz. AARP supported the legislation. • This legislation maintains a pathway for nursing home residents, or their representatives, to sue persons or entities who or which tortiously injure nursing home residents. The bill protects from suit truly passive investors in nursing homes, but it allows suit against them if they participate in the management or operation of the nursing homes. See Voting Record for CS/CS/SB 670, p. 31; CS/CS/HB 569, p. 33 Certificates of Need (CON): As a result of Medicaid reform, the moratorium in effect since 2001 on nursing home bed construction expired March 1, 2014. CS/CS/HB 287 by Representative Artiles, PASSED. The legislation is now Chapter No. 2014-110, Laws of Florida, effective July 1, 2014. The companion bill was CS/CS/SB 268, by Senator Grimsley. AARP supported the legislation. • This legislation keeps in place the CON process for nursing homes. The original language proposed an increase of authority for 5,000 nursing home beds between July 1, 2014 and June 30, 2019. AARP worked with the bill sponsors and the nursing home industry to negotiate a more prudent, lower number of authorized beds, i.e., 3,750 beds from July 1, 2014 through June 30, 2017. • Over 3 years, this negotiated number will save approximately $300,000,000 in nursing home fees plus construction costs for 1,250 nursing home beds. • During the three years for implementation of this bill, the state will have the opportunity to collect “actual data” from which to recommend any further increases/decreases in the number of nursing home beds required to meet the true demand. See Voting Record for CS/CS/HB 287 p. 34; CS/ CS/SB 268 p. 36 State Ombudsman Program: CS/HB 91, by Representative Roberson, FAILED. The companion bill was CS/SB 508 by Senator Detert. AARP supported the legislation. The
legislation would have: • Restructured the State Long-Term Care Ombudsman Program, regulated by the Department of Elder Affairs (DOEA). • Established state districts for the Ombudsman program, thereby eliminating a requirement for publicly noticed and regularly scheduled public hearings. However, AARP drove the effort to amend the bill to require quarterly public meetings by each state district. That amendment was adopted. See Voting Record for CS/HB 91 p. 37; CS/SB 508 p. 38 Alzheimer’s Disease: In 2012, the Legislature created the Purple Ribbon Task Force, under the Department of Elder Affairs. The Task Force developed a state plan to address the needs of individuals with Alzheimer’s disease and needs of their caregivers. CS/CS/HB 709, by Representative Hudson, PASSED. The legislation is now Chapter No. 2014-163, Laws of Florida, effective July 1, 2014. The companion bill was CS/CS/SB 872 by Senator Richter. AARP supported the legislation. The legislation: • Implements several of the Purple Ribbon Task Force’s recommendations, including statewide special needs registration for coordination of services to recipients in emergency shelters. • Creates the Ed and Ethel Moore Alzheimer’s Disease Research Program to fund research for the prevention and cure of Alzheimer’s disease (see “Budget” for more details). • Directs the Department of Elder Affairs to develop performance standards for memory disorder clinics and to condition contract funding on compliance with the standards. See Voting Record for CS/CS/HB 709 p. 39; CS/ CS/SB 872 p. 41 Hepatitis C Testing: The Centers for Disease Control and Prevention (CDC) estimate “baby boomers” (born during 1945-1965) comprise an estimated 27 percent of the population, but account for approximately 75 percent of all Hepatitis infections in the United States and 73 percent of Hepatitis-associated mortality. CS/SB 824, by Senator Joyner, FAILED. The companion bill was CS/HB 465 by Representative Jones (M). AARP supported the bill. • The legislation would have specified that a
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patient receiving primary care services from a “health care practitioner” would be “offered” a Hepatitis C screening test. • If there was a positive result, the bill would have required the health care practitioner to forward the results to the patient’s primary health care practitioner for patient counseling and follow-up care. See Voting Record for CS/SB 824 p. 42; CS/HB 465 p. 42 Certification of Assisted Living Facility Administrators: CS/CS/SB 316, by Senator Bean, FAILED. AARP opposed this bill. The companion bill, HB 579, by Representative Pilon, never had a committee hearing. • This legislation would have provided ALF administrator applicants an optional way to demonstrate compliance with state licensure requirements, i.e., through third-party credentialing agencies. • However, AARP contended that third-party credentialing with appeal rights to the Florida Department of Elder Affairs would have triggered an applicant’s right to a formal hearing under the state’s Administrative Procedures Act. That would have added unnecessary expense for the DOEA and for applicants. AARP contended that the standard state licensure process would have made more sense. See Voting Record for CS/CS/SB 316 p. 43 Nursing Home Guide Watch List: The Agency for Health Care Administration (AHCA) publishes a Florida Nursing Home Guide, which includes a Watch List that identifies nursing homes operating under bankruptcy protection or nursing homes operating under a conditional licensure status during the previous 30 months. Conditional status denotes that a facility failed to meet or to correct, upon follow-up, minimum standards at the time of an inspection. SB 1154, by Senator Soto, FAILED. AARP monitored this bill. The companion bill, HB 787, by Representative Saunders, never had a committee hearing. • This legislation would have required any nursing home placed on the Watch List to post a sign indicating that it is on the watch list and to give written notice of its placement on the Watch List to the primary familial contact for
each resident. See Voting Record for SB 1154 p. 43
Palliative Care: CS/SB 1192, by Senator Sobel, FAILED. AARP monitored this bill. The companion bill, HB 995, by Representative Clelland, never had a committee hearing. The legislation would have: • Established the Florida Palliative Care and Quality of Life Interdisciplinary Advisory Council and the Palliative Care Consumer and Professional Information and Education Program within the Department of Health (DOH). • Directed the DOH to include palliative care information and links on its website. • Directed specific health care practitioners and facilities to provide patients with information about palliative care as ordered by the patient’s health care practitioners. See Voting Record for CS/SB 1192 p. 43 CS/CS/HB 409, by Representative Passidomo, PASSED. The legislation is now Chapter No. 2012-200, Laws of Florida, effective October 1, 2014. The companion bill was CS/SB 588, by Senator Richter. AARP supported the legislation. The legislation: • Provides additional protections for elderly and disabled citizens who are vulnerable to exploitation, and increases the penalties for such exploitation. • Enhances penalties for stealing personal identification information of persons 60 years of age and older. • Clarifies that if a person obtains funds, assets or property of an elderly or disabled adult, it is not essential to prove “deception or intimidation” by that person in order for the actions to Consumer Protections Offenses Against Vulnerable Persons: constitute exploitation of a vulnerable person. • Establishes new violation threshold values for property involved in exploitation of elderly persons or disabled adults: First degree felony: $50,000 and upward (down from $100,000 and upward); second degree felony: $10,000 up to $50,000 (down from $20,000 to $100,000); and third degree felony: Less than $10,000 (down from $20,000 or less). See Voting Record for CS/CS/HB 409 p. 44; CS/ CS/SB 588 p. 46
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Guardianship: CS/HB 635, by Representative Passidomo, PASSED. The legislation is now Chapter No. 2014-124, Laws of Florida, effective July 1, 2014. The companion bill was, CS/CS/CS/SB 634, by Senator Brandes. AARP supported the legislation. The legislation: • Expands the authority of judges and Clerks of Court to oversee guardians and the assets held by guardians. • Redefines the term “audit” to include professional audit standards. • Requires nonprofessionals who seek appointment as a guardian to submit to a credit history and a Level 2 background screening. See Voting Record for CS/HB 635 p. 47; CS/CS/ CS/SB 634 p. 49 Security of a Protected Consumer’s Information: CS/CS/CS/SB 242, by Senator Detert, PASSED. The legislation is now Chapter No. 2014-66, Laws of Florida, effective on September 1, 2014. The companion bill was CS/CS/HB 151, by Representative Fitzenhagen. AARP monitored the legislation. The legislation: • Enables a guardian or advocate for a protected consumer to place a security freeze on the consumer’s record or consumer report. • Defines a protected consumer as someone under the age of 16 or someone represented by a guardian or advocate. • Extends protections to persons of any age who have a mental incapacity, to persons who have a court appointed advocate in certain criminal proceedings, and to certain other persons of any age who have a court-appointed guardian. • Provides that protected consumers, and their representatives, may seek civil relief to enforce their consumers’ rights. See Voting Record for CS/CS/CS/SB 242 p. 50; CS/CS/HB 151 p. 52 Consumer Collection Practices: CS/CS/HB 413, by Representative Santiago, PASSED. The legislation is now Chapter No. 2014-116, Laws of Florida, effective October 1, 2014. The companion bill was CS/SB 1006, by Senator Hays. AARP monitored this legislation. • The legislation revises and strengthens regulation of persons engaging in “consumer collection” practices. It enhances the Office of Financial Regulation’s registration, investigative, examination, and enforcement
authority over consumer collection agencies. It also enhances transparency provisions re: “controlling interests” for consumer collection agencies. See Voting Record for CS/CS/HB 413 p. 53; CS/ SB 1006 p. 55 Rights of Grandparents and Great-Grandparents: SB 750, by Senator Abruzzo, FAILED. The companion bill was, HB 789, by Representative Rouson. The legislation was amended onto CS/CS/ CS/HB 573, Health of Residents, by Representative Ahern. That legislation failed. AARP supported the legislation. The legislation would have: • Established procedures by which a grandparent of a minor child could have petitioned for visitation with the grandchild. • Added great-grandparents to statutes defining next of kin, and under some circumstances, would have required notices of legal proceedings to be sent to grandparents. See Voting Record for SB 750 p. 56; HB 789 p. 56 Marketplace Fairness Act of 2013: For several years, AARP has supported legislation authorizing collection of state sales taxes on remote (out-of-state) retail transactions. SM 196, by Senator Margolis, FAILED. AARP supported this bill. The companion bill, HM 1415, by Representative Rehwinkel Vasilinda, never had a committee hearing. • The memorial would have urged the U.S. House of Representatives to support passage of the Marketplace Fairness Act of 2013. See Voting Record for SM 196 p. 57 Online Voter Registration: SB 784, by Senator Clemens, FAILED. There is no voting record for this bill because at its only hearing, after the bill was taken up, the committee Temporarily Postponed (TPd) it. AARP supported this bill. The companion bill, HB 667, by Representative Williams, never had a committee hearing. The legislation would have: • Required the Department of State to develop an online voter registration system. • Enabled first-time voters to register online and enabled other voters to update their registrations.
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Florida Homeowners’ Construction Recovery Fund: The Florida Homeowners’ Construction Recovery Fund is a last resort fund to compensate victims of financial misconduct by contractors. Currently, compensation may only be pursued by homeowners who have suffered damages by Division I contractors, which include general contractors, building contractors, and residential contractors. CS/CS/HB 1235, by Representative Dudley, FAILED. AARP monitored the bill. AARP failed to notice the companion bill, CS/SB 1098, by Senator Dean, because it was heard in committee prior to the notice for CS/CS/HB 1235. The legislation would have: • Defined financial misconduct, abandonment of project, and fraudulent statements by contractors re: home construction projects. • Further defined fines, fees, claims and licensure revocation procedures, for violators of construction contracts. • Revised upward the statutory limits on recovery payments and added division II contractors (specialty contractors) to coverage under the fund. See Voting Record for CS/CS/HB 1235 p. 57
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Section III. Summaries of Other Bills of Interest That Were Not Selected for Vote Recording
Health and Supportive Services Department of Health:
prohibits discrimination based on race, creed, color, sex, physical disability, or national origin in the areas of education, employment, housing, and public accommodation. CS/SB 220, by Senator Thompson, FAILED. The companion bill was, CS/HB 105, by Representative Berman. AARP worked to obtain withdrawal of an unfriendly amendment to SB 220. The amendment would have drastically limited compensatory damages for all protected classes, including the elderly and disabled. • This legislation sought to amend FCRA by prohibiting discrimination against pregnant women. • Victims of employee discrimination in the workplace would have been forced to file a lawsuit within 90 days after the close of the 180-day investigation period. That would have negatively impacted the ability of potential plaintiffs to obtain appropriate legal counsel in a timely fashion. Livable Communities Supportive Housing for the Elderly: Supportive Housing for the Elderly is a federal program administered through the states. SM 576, by Senator Abruzzo, FAILED. The companion bill was, HM 925, by Representative Pafford. AARP supported this legislation. • This proposed memorial would have urged Congress to provide sufficient funding for the Supportive Housing for the Elderly Program. Gas Stations: CS/CS/HB 7005, by Transportation & Highway Safety Subcommittee and Representative Artiles, PASSED. The legislation is now Chapter No. 2014- 216, Laws of Florida, effective July 1, 2014. The bill contained language from CS/CS/CS/HB 185, by Representative Danish, and the companion bill, CS/ CS/SB 1184, by Senator Brandes. AARP monitored this legislation. • This legislation stipulates that a telephone number must be uniformly displayed on gas pumps so consumers, especially the disabled, may request fueling assistance. • This bill requires that, by July 1, 2016, the Department of Agriculture and Consumer Services confirm that the required decal is placed on each self-service pump.
CS/CS/CS/HB 819, by Representative Pigman, FAILED. The companion bill was, CS/CS/SB 1066, by Senator Grimsley. AARP monitored this legislation. • The legislation would have required that rates charged for the reproduction of electronic or printed medical records be the same. • The medical records language was removed from the House bill and was never added to Senate version. Consumer Protections Water and Wastewater Utility Systems: CS/HB 357 by Representative Santiago, FAILED. The companion bill was CS/CS/SB 1050 by Senator Hays. AARP monitored this legislation. The legislation would have: • Provided a way in rate cases to identify and potentially resolve issues related to secondary water standards (e.g., standards related to odor, taste, and corrosiveness). • Provided for recovery of prudently incurred costs (without hearing) to rectify deficiencies in secondary water standards. The PSC would have had the authority to review water utilities’ actions and to correct allowed cost recoveries. Medical Examiners: Nineteen (19) of 24 medical examiner districts charge fees to determine cause of death when a body is to be cremated, dissected, or buried at sea. The fees vary between districts and between counties. For example, ten counties charge no fee for cremation determinations while the other 57 counties charge up to $63. CS/HB 301, by Representative Spano, FAILED. The companion bill was, SB 548, by Senator Lee. AARP supported this legislation. The legislation would have: • Prohibited district medical examiners from charging a fee to determine the cause of death. • Narrowed the circumstances under which district medical examiners would have been required to determine cause of death. Florida Civil Rights: Currently, the Florida Civil Rights Act (FCRA)
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Section IV. Voting Record Tables
HB 5001: General Appropriations Act 2014 by House Appropriations Committee (Passed) 3rd FV=Vote on Third Reading FV on Conf. Bill=Floor Vote on Conference Committee Report
Adkins Ahern
Y Y Eisnaugle Y Y Fitzenhagen Y Y Fresen Y Y Fullwood Y Y Gaetz Y Y Gibbons N N Gonzalez Y Y Goodson
Y Murphy
Y Y Santiago Y Y Saunders Y Y Schenck Y Y Schwartz Y Y Slosberg N N Smith Y Y Spano Y Y Stafford Y Y Stark Y Y Steube Y Y Stewart Y Y Stone Y Y Taylor Y Y Thurston Y Y Tobia Y Y Torres Y Y Trujillo N N Van Zant Y Y Waldman Y Y Watson (B) Y Y Watson (C) Y Y Weatherford
Y Y N N Y Y N N Y N Y Y Y Y N N N Y Y Y Y Y Y Y Y Y N N Y N N N Y Y Y Y N N Y Y N N Y Y Y Y Y Y Y Y Y Y Y Y
Y Y Nelson Y Y Nuñez N N Oliva Y Y O’Toole Y Y Pafford Y Y Passidomo Y Y Patronis Y Y Perry Y Y Peters Y Y Pigman Y Y Pilon Y Y Porter Y Y Powell Y Y Pritchett Y Y Raburn Y Y Rader Y Y Rangel N Y Raschein Y Y Raulerson
Albritton Antone Artiles Baxley Berman Beshears
Bileca Boyd Bracy
Y Y Grant Y Y Hager Y Y Harrell
Brodeur Broxson Caldwell Campbell
Y Y Hill
Y Y Holder Y Y Hood Y Y Hooper N N Hudson Y Y Hutson Y Y Ingram Y Y Jones (M) Y Y Jones (S) Y Y Kerner Y Y La Rosa N N Lee Y Y Magar Y Y Mayfield Y Y McBurney Y Y McGhee Y Y McKeel
Castor Dentel Clarke-Reed
Clelland
Coley
Combee Corcoran Crisafulli
Y Y Ray Y Y Reed
Cruz
Y Y Rehwinkel Vasilinda Y Y Williams
Cummings
Y Y Renuart Y Y Richardson Y Y Roberson N Y Rodrigues (R) Y Y Rodrìguez (J)
Y Y Wood
Danish
Y Y Workman
Davis
Y Y Young
Diaz (J) Diaz (M)
Y Y Zimmermann
N N Y Y Y Y Y Y
Dudley
Y Y Metz
Y Y Rogers Y Y Rooney Y Y Rouson
Eagle
Y Y Moraitis Y Y Moskowitz
Edwards
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