On Tap in the Capitol - Monday, March 22, 2010

The News Service of Florida

TOPPING THE DAY

EFFORT TO BLOCK FEDERAL HEALTH MANDATE IN HOUSE COMMITTEE: The House Health Care Regulation Committee takes up the proposed resolution seeking to block any requirement that people buy health insurance. There’s considerable concern among opponents – and also among staff analysts – that the U.S. Constitution’s Supremacy Clause, which says that federal law trumps state law – might invalidate such an amendment. A similar resolution passed the Senate Judiciary Committee this past week. (1:45 p.m., 17 House Office Building, The Capitol.)

DEPT. OF HEALTH RE-ORG IN HOUSE COMMITTEE: The Department of Health would be re-organized and its mission scaled back under a proposed committee bill that may also be heard today in the House Health Care Regulation Committee. A proposed committee bill (PCB HCR 10-03) released late last week would reduce agency’s mission and eliminate 11 divisions unless they’re re-enacted specifically by lawmakers. The bill keeps a doctor as head of the agency, though, and stops short of trying to merge DOH with the Agency for Health Care Administration. Regulatory boards for health professions would also stay at Health under the bill, by Rep. Matt Hudson, R-Naples. (1:45 p.m., 17 House Office Building, The Capitol.)

MCCOLLUM TO DISCUSS PLANS TO SUE OVER HEALTH CARE BILL: With the passage Sunday of federal health care legislation and President Obama’s signature expected quickly, Attorney General Bill McCollum plans move forward with plans to sue to block it in Florida. He holds a news conference this morning in Orlando to discuss the lawsuit. (10:30 a.m., Attorney General’s Orlando Office, 135 W. Central Blvd., Suite 1150, Orlando.)

ALSO IN THE LEGISLATURE TODAY

CHILD WAIVER BILL IN HOUSE COUNCIL: The Criminal and Civil Justice Policy Council may take up HB 285 dealing with the ability of parents to waive their child's rights to sue for injuries or death in certain activities. It's a closely-watched bill for big business, including Disney, backers of tort reform, and trial lawyers. The bill, by Rep. Mike Horner, R-Kissimmee, seeks to nullify a 2008 Supreme Court opinion that held that pre-injury releases signed by parents to let children participate in commercial activities are unenforceable. Big business says it will make it hard for businesses that sell inherently risky activities, like Scuba shops, or rock climbing wall businesses to stay open. Trial lawyers counter that since the ruling, that hasn't happened. The proposal died on the House floor last session. (1 p.m., 404 House Office Building, The Capitol.)

SPEEDY TRIAL RULES BEFORE HOUSE CRIMINAL JUSTICE COUNCIL: The laws governing an accused person's right to a speedy trial would be changed by a bill (HB 1517) before the House Criminal and Civil Justice Policy Council on Monday. Currently, defendants facing criminal charges are guaranteed a trial in 175 days. The bipartisan bill would create a tiered system with different deadlines for different crimes, that could mean the state could take up to a year to bring a capital case to trial. (1 p.m., 404 House Office Building, The Capitol.)

HOUSE HEALTH AND FAMILY SERVICES POLICY COUNCIL: House Health and Family Services takes up a bill (HB 1561) today urging the attorney general to sue challenging the constitutionality of federal health care legislation, as well as bills related to teaching nursing homes (HB 491), and a couple of memorials to Congress. (1 p.m., 212 Knott Building, The Capitol.)

HOUSE ELDER AND FAMILY SERVICES: The committee takes up one bill, HB 1159, which revises the definitions of "benefits" and "income" for purposes of the Veterans' Guardianship Law. (Monday, 2 p.m., 24 House Office Building, The Capitol.)

SEXUAL EXPLOITATION BILL IN HOUSE COMMITTEE: The House Health Care Services Policy Committee takes up HB 535, which requires that certain sexually exploited children must be taken to short-term safe houses, and revises prostitution laws to decriminalize certain acts when they're committed by kids under 16, with the assumption that they're sexually exploited victims instead of criminals. The bill also prevents juvenile probation officers from filing delinquency petitions for child prostitutes. (3:30 p.m., 306 House Office Building, The Capitol.)

SCHOOL PRAYER IN CIVIL JUSTICE: The House Civil Justice and Courts Policy Committee could vote today on a measure (HB 31) that would prohibit school districts from forcing teachers to enter an agreement that says they cannot participate in prayers initiated by students. The Anti-Defamation League and American Civil Liberties Union are against the proposal. (3:15 p.m., 102 House Office Building, The Capitol.)

ALTERNATIVE FORECLOSURES IN CIVIL JUSTICE AND COURTS: The House Civil Justice and Courts Policy Committee also has available a bill (HB 1523) aimed at the foreclosure crisis, setting up an alternative process for bypassing the courts in foreclosures if the parties agree to it. Sponsored by Rep. Tom Grady, R-Naples, the bill has received mixed reviews but with courts backed up with foreclosure cases, Grady says the bill would speed up the ability of lenders to put the homes back on the market and for willing consumers to more quickly get on with their lives. The panel has had the bill for a while, but hasn't gotten to it. Also on the agenda in the council: HB 691 on underground utilities, HB 777 on supervised visitation, and HB 1411 on timeshares, among other bills awaiting the committee's approval. (3:15 p.m., 102 House Office Building, The Capitol.)

SEXTING BILL, CHILD ABDUCTION PREVENTION IN HOUSE COMMITTEE: A bill that would make "sexting" by minors a crime is in the House Public Safety and Domestic Security Policy Committee today. The measure (HB 1335), sponsored by Rep. Joseph Abruzzo, D-Wellington, makes it a crime for a minor to knowingly transmit nude photos of themselves, or to possess a photo of some other minor. The panel also takes up a bill (HB 787) that adds new risk factors for a judge to consider when deciding whether or not a child is at risk of parental abduction. The bill also outlines and makes additions to preventative measures that may be ordered if a judge finds credible evidence that a child is at risk of abduction. Three parents of children who have been abducted, including some taken to other countries, will testify. (3:15 p.m., 404 House Office Building, The Capitol.)

ALSO HAPPENING MONDAY

BOG TALKING UP LAWSUIT: The Florida Board of Governors is hearing an update from its legal counsel on Graham v. Pruitt, a lawsuit filed in 2007 by former Gov. Bob Graham and several other plaintiffs, including the board, against the Legislature over the right to raise tuition. Chancellor Frank Brogan has indicated he would like to end the suit as part of a thawing in the relationship between the state university system and the Legislature. The open meeting comes after a closed one involving several board members, Brogan and the board's attorney. (3 p.m., The Dial-in Number for the Meeting is 888-808-6959, and the Conference Code is 8502450.)

ACTIVIST'S WALK TO RAISE ABUSE AWARENESS: Lauren Book-Lim, an activist, victim of sexual abuse by a family employee, and the daughter of lobbyist Ron Book, holds a news conference to announce her plans for the "Walk in My Shoes" campaign, where she'll walk from Aventura to the Capitol in April. (10 a.m., Florida Press Center, 336 E. College, Tallahassee.)

This information originally published on March 22, 2010.

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