November 7, 2009

End of session means mixed bag of wins, defeats

TALLAHASSEE | The Florida Legislature finished up business on time May 2, leaving a trail of disappointment, satisfaction and relief for Catholic Church lobbyists.

Beset by a flagging economy in an election year, lawmakers tried to assuage the pain of nearly $5 billion in budget cuts by dipping into trust funds and raising user fees on a variety of government services from driver’s licenses to court fees.

Respect Life

Ultrasounds: A bill that would have required abortion clinics to perform ultrasounds on first-trimester mothers failed in the Senate on a 20-20 vote. The bill would have also forced clinics to offer pregnant women the opportunity to view the ultrasounds of their unborn babies.

The focus of intense lobbying by both sides of the issue, the bill fell to defeat when seven Republican senators voted against it. Sen. Gary Siplin of Orlando was the only Democrat to cross the aisle and vote for the bill.

Opponents of the bill claimed that it created an impediment to a woman’s right to undergo an abortion. Supporters replied that the bill simply allowed a pregnant woman to make an informed decision before undergoing a medical procedure.

Crisis pregnancy centers: Budget cuts threatened a 2-year-old program that supplies $2 million a year to help fund counseling and other services at crisis pregnancy he original House budget included money for the program, the Senate eliminated the appropriation. Thanks to a grassroots lobbying effort by the Florida Catholic Conference Advocacy Network, the $2 million program is fully funded in the 2008-2009 budget.

Unborn victims: A bill criminalizing harm caused to an unborn child during an act of violence against the mother died in the Senate after being passed by the House. The bill would also have conformed state law to federal law by defining an unborn child as a “member of the species homo sapiens at any stage of development who is carried in the womb.” Current Florida law relies on the standard of viability outside the womb.

Safe Haven: Lawmakers enacted a bill that lengthens from three days to seven days the period of time after birth during which a mother can anonymously turn her baby over to a hospital, fire station or emergency medical center without the fear of punishment. The bill also specifies that a mother who wants to surrender her newborn after birth in a hospital can request that her name be left off the birth certificate. Gov. Charlie Crist had not signed the bill as of Florida Catholic press time May 5, but has expressed support for the measure.

Social Concerns

Wrongful incarceration: Lawmakers approved a bill that provides an automatic process for compensating wrongfully incarcerated prisoners. Currently, someone freed by proof of innocence has to ask the Legislature to pass a bill reimbursing him for the time spent in prison, an uncertain and highly politicized process. Now, the innocent ex-inmate can simply apply to the state for reimbursement once a court has absolved him of guilt. Freed prisoners will now be eligible to receive $50,000 a year for each year they were imprisoned and 120 credit hours, free of charge, at any Florida college or university.

To be eligible, the freed prisoner must not have been found guilty of a prior felony, a clause opposed by the Florida Catholic Conference. Gov. Crist had not signed the bill as of press time, but had given no sign of opposition.

“He’s already been punished for the earlier felony,” said Sheila Hopkins, the conference’s associate director for respect life/social concerns. “Why should the state be able to escape paying for its mistake just because the person it wrongfully sent to prison had been there before?”

Education

Tuition vouchers: Across town from the Legislature, the Taxation and Budget Reform Commission approved a proposed constitutional amendment that would clear the way for lawmakers to re-establish the Opportunity Scholarship program that was declared unconstitutional in 2006 by the Florida Supreme Court. Opportunity Scholarships allowed parents with children in failing public schools to transfer their children to private schools. The amendment also would also require county school districts to devote 65 percent of their money to the classroom. Barring a successful court challenge, the proposal will be on the state’s November ballot, and must get 60 percent of the vote to pass.

Health Care

Budget: Bolstered by money from the Lawton Chiles Endowment, lawmakers were able to avoid cuts in state health care programs for the poor, people with disabilities and the elderly. However, nursing homes and hospitals were hit with cuts in reimbursement rates for treating Medicaid patients.

Emergency contraceptives: A bill requiring emergency birth control for rape victims never made it out of committee. The Florida Catholic Conference opposed the bill because it forced Catholic facilities and providers to administer the contraceptive to pregnant victims, which could result in the death of the unborn baby.

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