From State Sen. Don Gaetz:
What happened during the Regular Session:
Overall, 1,755 bills were introduced in the Senate this year. Two hundred twenty passed. While it’s certainly not a tragedy that the Legislature passed fewer laws due to the truncated session, I do regret that the pre-emptory way in which things ended in April left some vital legislation abandoned on the beach. I sponsored or co-sponsored thirty-eight bills, some of which made it through the process and are on the Governor’s desk, but many of which died when the House adjourned early.
What follows is a partial listing of some of the bills, which I supported or joined in sponsoring, which passed the Senate and the House:
Fewer Tests, Better Tests
Senate Bill 616/House Bill 7069
As a parent and as a former superintendent of schools, I support high standards and valid, reliable assessment of performance. Measuring each student’s progress is how educators learn how to customize how they teach in order to meet individual student needs. Student performance, if accurately and fairly measured, is the best indicator of effective teaching. Parents and taxpayers have every right to know how their schools and their school districts are performing against high standards and compared to other schools, districts and states.
In very recent years, however, Florida has become over-obsessed with testing for its own sake. Too much testing with limited value undermines the education accountability reforms that raised our state from one of the worst to one of the best in student performance.
What I support and what SB 616/HB7069 achieves is fewer tests and better tests.
This bill reduces state testing requirements by deleting the 11th Grade English Language Arts assessment, removes requirements for local end of course assessments in subjects that are not assessed statewide, and eliminates the required administration of the Post Education Readiness Test (PERT) in high school.
Based on discussions I’ve had with Northwest Florida educators, I insisted on a provision that limits any and all state-required testing to no more than five percent of the hours students spend in school during the year.
The bill also requires the Department of Education to develop a uniform, two-year assessment calendar that is provided in advance to schools and parents and further requires that districts let parents know well in advance of the timing, purpose and nature of tests.
The bill reduces, from 50 percent to 33 percent, the portion of a teacher’s performance evaluations that are based on student performance and ensures that any teacher evaluation tied to student performance is based solely on students that the teacher has in her or his class or course.
After tracking the test administration problems which affected the 2015 Florida Standards Assessment (FSA), I included a provision establishing an independent, outside evaluation of the validity of the student performance data arising from this year’s tests. In other words, FSA results cannot be used to affect student promotion or retention, teacher evaluation or school grades unless those results have been verified as reliable by a nationally-reputed authority independent of the FSA testing vendor and not affiliated with the Department of Education.
The legislation also ensures that any costs districts have incurred as a result of delays or difficulties associated with testing are to be paid by the testing company and reimbursed to the districts. Districts that have experienced significant technical difficulties with this year’s testing can ask the State Board of Education to grant a waiver from FSA results.
As Education Appropriations Chairman in the Senate, I joined with sponsor Senator John Legg and Senator Bill Montford in developing this bi-partisan legislation. It passed both the Senate and House and was signed into law by the Governor.
(Unfortunately, the House’s early adjournment left on the table a provision authored by Representative Matt Gaetz– ensuring that students who miss 25 days or more of school would not have their performance counted in teachers’ evaluations. If they’re not in school, it’s unfair to hold their teachers responsible for students’ results.)
Improving Hazardous Walking Conditions
Senate Bill 154/House Bill 41
Named in memory of 12 year old Gabby Mair who was fatally struck by a car after getting off at her school bus stop, Gabby’s Law for Student Safety requires district school boards and government agencies including counties and cities to work together to determine, and if needed, correct hazardous walking conditions for students who walk to and from school.
Sponsored by Senator Alan Hays, I supported this legislation, which is now waiting to be signed by Governor Scott.
Relief for Military Members and Retirees
in Acquiring Florida Drivers’ Licenses
Senate Bill 240/House Bill 27
Under the Real ID Act passed by Congress in 2005, all US citizens are required to provide several forms of identification to acquire a state’s driver license including proof of a social security card. To military personnel and retirees, many of whom have top security clearances, this Act of Congress is offensive and unnecessary.
This state legislation allows the use of a military ID instead of a Social Security card in applying for or renewing a Florida Driver License. Because of federal mandates, all Florida residents must still provide proof of residence when acquiring a license.
This legislation originated in the House, sponsored by Representative Matt Gaetz. I joined Senator Jeff Brandes, an Iraqi war combat veteran, in sponsoring the Senate companion. If approved by the Governor, this bill will take effect on July 1, 2015.
Ensuring Ballot Access for Overseas Military
Senate Bill 184/House Bill 109
This legislation makes it easier for military service members overseas and Americans living abroad to vote and be sure that their votes are counted. The bill allows the use of a federal write-in absentee ballot for all federal, state and local elections.
Representative Matt Gaetz sponsored this bill in the House. I joined Senator Greg Evers in sponsoring it in the Senate. It awaits the Governor’s signature.
Protecting the Identity of Military Families
From Radical Islamists and Other Terrorists
Senate Bill 674/House Bill 185
Florida’s public records laws, intended to open government to all citizens, created an unintended consequence endangering families of our former and active military families. Radical Islamists have issued a call to acquire and publish the personal information of our military members and their families in order to target them here in the United States.
This legislation provides an exemption from public records disclosure for the identification and location of any military members and their families who served after September 11, 2001.
Representative Matt Gaetz is the sponsor of this legislation, which I supported. The bill is on the Governor’s desk.
Expanding Educational Opportunities for Veterans’ Families
Senate Bill 7028/House Bill 35
During the 2014 session, the Legislature passed the Florida GI Bill, a joint priority of mine and Speaker Will Weatherford. One of the provisions established the Congressman C.W. “Bill” Young Veteran Tuition Waiver Program, whereby honorably discharged veterans living in Florida would receive reduced tuition at state educational institutions.
This year, the Legislature expanded that program to allow a veteran’s spouse or the child of a service member who reside in Florida to receive reduced tuition benefits, as well.
I was privileged to receive the C.W. “Bill” Young Military Support Award from the Florida National Guard for the Florida GI Bill and related legislation.
This legislation awaits the Governor’s signature.
Promoting Adoption of Hard-to-place Children in Foster Care
Senate Bill 320/House Bill 7013
There are 852 adoptable children in state foster care today. These are children whose own parents have abandoned, mistreated or abused them to such an extreme that the courts have severed their parental rights. Seventy percent of these children have been waiting more than a year for someone to adopt them. Three fourths of them are “special needs” – meaning they are disabled, have serious medical conditions or are older.
This legislation provides one-time financial assistance to families willing to provide permanent, loving homes for these children. The bill also institutes an incentive program for community-based agencies to move more children from foster care to adoption. The bill strikes down a state policy that discriminates against home-schooling families. The House of Representatives added a provision that codifies a Court of Appeals ruling which declared unconstitutional a 1977 ban on same sex adoptions.
Further, this bill requires the Department of Children and Families to follow up on children adopted from the state’s foster care system to offer support and guidance to adoptive parents. The bill also requires private adoption agencies to follow U.S. State Department standards and the Hague Convention to guard against international adoptions being fronts for child trafficking.
This bill, which I sponsored, awaits approval by the Governor.
Recognizing Rights of Grandparents
Senate Bill 368/House Bill 149
The Florida Supreme Court has declared unconstitutional existing Florida Statute 752 which allowed grandparents and great-grandparents to petition the court for visiting rights with their minor grandchildren and great-grandchildren.
This legislation seeks to remedy the unconstitutional language and, insofar as possible, recognize visitation rights. I supported this bill sponsored by Senator Joe Abruzzo.
24 Hour Waiting Period for Abortions
Senate Bill 724/House Bill 633
There are waiting periods in law to get married or to get divorced, both of which are actions that can be reversed. This legislation provides for a 24 hour waiting period for an abortion, an action which, of course, cannot be reversed. It further requires that physicians performing abortions be physically present when a consent for abortion is obtained from a patient.
Representative Matt Gaetz co-sponsored the House bill. I joined Senator Anitere Flores in co-sponsoring the Senate bill. It awaits the Governor’s signature.
Consumer Protection for Seniors
Residing in Assisted Living Facilities
Senate Bill 382/House Bill 1001
For three years, Senator Eleanor Sobel has championed legislation to address serious mismanagement issues within some Assisted Living Facilities. Each year, a bill protecting seniors residing in ALF’s passed the Senate only to die in the House. This year, her bill passed both chambers.
This legislation strengthens consumer regulations governing ALF’s, increases fines for licensure violations, provides for regular inspections, institutes tight oversight of facilities with violations and establishes a website where the public can learn about ALF’s and their records of performance.
I was pleased to co-sponsor this bill with Senator Sobel. It is now on the Governor’s desk.
ABLE Act to Help Families with Disabilities
Senate Bill 642/House Bill 935
To ease the financial strain faced by individuals with disabilities, this legislation creates the Florida Achieving a Better Life Experience (ABLE) Act to authorize tax-free savings accounts to be made available to cover qualified expenses.
The ABLE Act will allow an individual with a disability that occurred before the age of 26 to save up to $100,000 for their future needs in a tax free account without jeopardizing state and federal benefits. These funds can then be used for expenses like education, housing, transportation, employment support or health and wellness, enabling the individual to have a higher level of economic independence.
I supported this legislation, sponsored by Senator Lizbeth Benacquisto, which is now in the Governor’s hands.
Patient Notification of Health Care Coverage
Senate Bill 768/House Bill 309
Once this bill is signed into law, hospitals will be required to notify patients when they are placed on “observation status” meaning they are considered an outpatient rather than an inpatient.
Previously, hospitals were not required to inform a patient when their status changed, which in many cases, caused higher costs not covered by insurance, increasing the patient’s liability. With this legislation, hospitals are mandated to give patients notice when their inpatient status changes and therefore when their insurance coverage may be different.
I sponsored this bill which has now gone to the Governor.
Providing Online Voter Registration
Senate Bill 228/House Bill 7143
This legislation allows Florida residents to join the residents of 20 other states who can register to vote online. This isn’t online voting, but it does allow online registration as an alternative to filling out a paper application. Broadly supported by the state’s elected supervisors of elections, the bill directs the Florida Department of State to develop and implement online voter registration by October 1, 2017.
This bill, approved by the Governor, was sponsored by Senator Jeff Clemens. I supported the legislation.
Ensuring 2nd Amendment Rights During Disasters
Senate Bill 290/House Bill 493
This legislation allows a person leaving their home under an evacuation order during a state of emergency to bring their firearms or weapons to a safe place outside the evacuation zone.
Representative Matt Gaetz joined in sponsoring this bill in the House. I supported this legislation sponsored by Senator Jeff Brandes. The Governor has the bill.
Local Government Pension Reform
Senate Bill 172/House Bill 341
The Collins Center at Florida State University reports that most local government pension plans are under-funded or even insolvent. This puts in jeopardy the retirement benefits promised to our first responders and others who have faithfully served our communities.
This legislation ensures that tax revenues are responsibly used to provide benefits through fiscally solvent plans reflecting employees’ service and their duties.
The bill motivates stakeholders to mutually consent to the use of premium tax revenues to fund the retirement plans of police and firefighters. The legislation contains a method for distributing premium tax revenue that is dependent on a pension plan’s funded status, triggered only when an agreement between the parties cannot be achieved through the collective bargaining process. In addition, the bill allows those communities which have already come to an agreement on the use of insurance premium tax revenue consistent with previous interpretations of the law to continue that arrangement.
The bill requires local governments to use accurate and consistent actuarial tables in calculating how much funding needs to be set aside for pensions.
This bill, which I co-sponsored with Senators Brandes and Jeremy Ring, has been sent to Governor Scott.
Bills That Didn’t Pass, but Should Have:
Listed below are some of the bills I sponsored, co-sponsored or supported which passed the Senate and were left at the doorstep of the House of Representatives when that chamber adjourned:
Personal Learning Scholarships for
“Uniquely Abled” Children
Senate Bill 602
This legislation was the lynchpin of President Andy Gardiner’s historic initiative on behalf of children with what he calls “unique abilities.” Under this bill, families with children three years of age and older who were diagnosed with autism spectrum disorder, muscular dystrophy, spina bifida, down syndrome, an intellectual disability, Prader-Willi syndrome, and Williams syndrome would be eligible for a $10,000 lifetime benefit. This benefit could be used for educational services and therapies designed to help the child develop, become more independent and more employable.
The legislation would have made Florida the nation’s leader in helping families get early intervention, effective treatment and customized education and training for children with developmental disabilities.
I sponsored this bill at President Gardiner’s request. It passed the Senate unanimously. The House passed a version of the bill, which included a provision that would have diverted millions of dollars away from disabled children’s benefits to a “scholarship funding organization” as a transaction or handling fee. The Senate stripped that special interest item out of the bill and sent it back to the House, where it died.
Protecting Environmental Resources
Senate Bill 918
As part of Senate President Andy Gardiner and House Speaker Steve Crisafulli’s WorkPlan 2015, this legislation established a statewide water and natural resources strategy. The bill implemented Amendment 1 from the 2014 general election ballot to conserve environmentally sensitive land and protect and improve our water resources.
This bill provided greater public access to state-owned lands, preserved the health of Florida’s springs, and increased transparency in allocating funding to water resource development projects. The bill would have created funding for many water conservation and water management projects in Northwest Florida.
This legislation, which I supported, passed the Senate, but died in the House.
Improving Dental Care in Rural and Underserved Areas
Senate Bill 606
This legislation established dental care access grants to rural communities and other parts of the state with severe shortages of dental care. The state would pay $3 for every $1 in local support to help new dentists get established in underserved areas. In return for assistance toward paying off their dental school loans and setting up dental clinics, these newly-graduated dentists would contract to providing years of service to communities and high-poverty populations that now have inadequate dental services.
This bill, which I sponsored, passed the Senate, but died in the House.
Mental Health and Substance Abuse
Senate Bill 7068
Every year, devastating reports fill the media with stories of school shootings and other tragedies due to mental health and substance abuse issues. Although government cannot stop tragedy, we can do a better job of providing treatment and services to those who struggle with mental illness or substance abuse.
This legislation reformed the delivery of mental health and substance abuse services and provided additional funding to community behavioral health clinics. The legislation set deadlines for state and local health agencies to develop a uniformed plan to better deliver care and make more efficient use of resources. The bill also redirected behavioral health managing entities and state agencies to work collaboratively with service providers in their regions to improve coordination of care.
This bill, which I supported, died in the House.
“Right Medicine, Right Time Act”
Senate Bill 784/Senate Bill 614
This legislation would have given physicians more control, and insurance companies less control over what medicines and treatments are appropriate for patient care. Currently, HMO’s and insurers can force patients to “fail first” using remedies approved by the insurance company before they are covered for drugs or treatments considered more medically effective by their physicians.
This bill would have required insurers to show that “fail first” strategies are clinically sufficient; if not, doctors could order what patients need to manage or cure their medical conditions.
Using the right medicine at the right time has been proven in other states to be clinically more effective and adds no cost to health care premiums. The bill was vehemently opposed by the insurance industry and strongly supported by the public.
This bill, which I sponsored, passed all Senate committees either as a “stand alone” bill or as part of Senator Denise Grimsley’s larger health care initiative and was awaiting action on the Senate floor when the House abruptly adjourned. The House had not considered the bill in any committee.
Local Government Accountability and Ethics
Senate Bill 1372
Negatively inspired by the Okaloosa TDC scandal, this bill aimed to clean-up good ol’ boy practices and wink-and-nudge government by establishing more open government and better fiscal behavior by school districts, charter schools, colleges and universities, public hospitals, regional transportation authorities, state boards and commissions, public/private partnerships like Enterprise Florida, water management districts, tourist development boards and county and city governments.
Among many other ethics provisions, this bill slammed shut a side door that had allowed local officials to set up artificial entities to indirectly do business with the government boards on which they serve. The bill required local governments to implement codes of ethics, act on findings of the Auditor General, strengthen public disclosure of budgetary matters and disclose who is lobbying public bodies for contracts or funding.
This bill, which I sponsored, passed the Senate and died in the House.
Corrections Reform
Senate Bill 7020
As a product of the Senate Criminal Justice Committee’s investigation of the state’s prison system, this legislation made significant changes to Florida’s corrections agencies and institutions
One of the many important features of the bill was creation of an independent oversight commission to investigate, review and remedy inmate safety concerns and deal with what sponsor Senator Greg Evers found to be pervasive, systemic corruption and cover-ups within the Florida Department of Corrections.
This legislation required inspector generals to have specialized training in sexual abuse investigation and strengthened the inmate grievance process. Among other requirements, the bill required each institution to create and maintain a system to track “use of force” incidents and required “use of force” reports written by employees to be under oath.
SB 7020 also increased penalties for employees who willfully abuse inmates by creating a new third degree felony for DOC employees who neglect an elderly or disabled inmate.
This bill, which I supported, passed the Senate, but died in the House.
Greyhound Racing Injuries
Senate Bill 2
This legislation would have required dog tracks to report injuries to racing dogs instead of covering up the often cruel treatment of these animals. The Senate honored my wife, Vicky, by naming the bill in her honor. Vicky is a life-long champion of animal welfare. (She’s supported, provided vet care, spayed or neutered or found homes for hundreds of dogs, cats and horses in Northwest Florida.)
The bill unanimously passed the Senate with all senators joining as co-sponsors. The bill died in the House without ever being considered in any House committee.