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Senator Brandes files bill on health data donation

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Legislation will enable individuals to donate health records

Senator Jeff Brandes (R-St. Petersburg) today filed SB 804, electronic health records, establishing a mechanism to enable individuals to anonymously donate their health records for the purposes of educating or developing diagnoses, treatment choices, policies, health care system designs, and innovations to improve health outcomes and reduce health care costs.
“The healthcare industry has moved to electronic medical records and there is now an opportunity to use enhanced analytic tools to study those records,” stated Senator Brandes. “Donating our healthcare data enables large, sophisticated studies of a wide range of health records. This bill will leave a lasting impact for future generations, and Florida will lead the nation in healthcare innovation.”
Under the proposed bill, a person may donate all or part of their electronic health records or qualified electronic health records anonymously. An individual may do so either by signing an electric health records donor card, indicating the intent to donate health records on their driver license or identification card, expressing a wish to donate in a living will or advance directive, expressing a wish to donate in a will, or expressing a wish to donate in a document other than a will that meets certain criteria. The legislation will make a repository of anonymized health records available to researchers to contribute to further innovative advances in health treatments and medicines.

For more information on SB 804, please visit: http://www.flsenate.gov/Session/Bill/2017/0804.

 

Senator Powell Legislation Aimed at Reducing the Number of Children Prosecuted as Adults Poised for Next Hearing

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Legislation sponsored by state Senator Bobby Powell, (D-Riviera Beach), that would dramatically overhaul the way children are fast tracked into the adult prison system received its first green light on Monday, and is poised for its next committee stop.

SB 192 would bring greater transparency into the criminal justice system by requiring prosecutors to document their decisions to prosecute children as adults, a process known as “direct file.”  Direct filing children as adults has been an intense topic in the state of Florida as studies such as the 2015 Marshall Project have shown that Florida direct files more children than any other state. A study by the Centers for Disease Control and Prevention has also shown that children prosecuted as adults are 34 percent more likely to recidivate. 

“In the past, the direct filing of children as adults in the courts was the fallback position by officials who found it easier to dehumanize kids than work to solve the problems driving the behavior,” said Powell. “This bill reflects a new attitude that kids aren’t disposable, that warehousing them in adult prisons is not a solution, and that redemption and rebirth are possible.” 

The bill would create a uniform system throughout the state of Florida based on the child’s age at the time of the crime and on the type of offense committed.  Additionally, SB 192 lists criteria that must be used when state attorneys utilize their discretion to prosecute youth as adults, prevents youth who are prosecuted as adults from losing their future civil rights, and eliminates possession of drugs among other non-violent offenses as justification to direct file. 

Senator Powell’s measure, which passed on a 5 to 3 vote out of the Senate Criminal Justice Committee on Monday, now awaits a hearing before the Senate Appropriations Subcommittee on Criminal and Civil Justice, its second of three scheduled Senate committee stops. 

Sen. Lauren Book & Rep. Jared Moskowitz File Legislation to Aid Pregnant Women & Mothers with Infants

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Senator Lauren Book (D-Plantation) and Representative Jared Moskowitz (D-Coral Springs) have respectively filed SB 650 and HB 669 to aid pregnant women and mothers with infants while they are shopping. If enacted, this bill would require retailers and shopping centers with more than 100 parking spaces to reserve at least one parking space for expectant mothers and to maintain one clean and private breast feeding area that is not a restroom or changing area. 

“As a mother-to-be expecting twins, I’ve spent the last nine months watching moms attempt to balance it all while out in public with their babies,” stated Senator Lauren Book. “And I’ve seen that we’re just not doing enough to support women during this incredibly challenging time. A new mom simply shouldn’t have to sit on a toilet seat in a public restroom or out on a hot curb to feed their child. We need to provide more dignity, comfort and safety for both mothers and babies. This bill proposes a small change that would make a big difference.” 

“Being pregnant or having an infant shouldn’t act as a deterrent for a woman wishing to go about her daily routine,” stated Representative Jared Moskowitz. “The least we can do is make being a mother a little easier by ensuring that there’s always a place to park and to feed your child. It’s just commonsense that we would do all we can to help out Florida’s wonderful mothers.”

Senate Committee Passes Legislation to Require Unanimous Verdict in Death Penalty Cases

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The Florida Senate Committee on Criminal Justice, chaired by Senator Randolph Bracy (D-Ocoee), today passed Senate Bill 280, Sentencing for Capital Felonies, which revises sentencing requirements in capital felony cases to require a unanimous jury verdict, rather than a certain number of jurors, for a sentencing recommendation of death.
“The Senate has supported a unanimous verdict requirement in the past, and now the Supreme Court has made it clear that if we are going to follow the Constitution, we need to amend our death penalty statute to require a unanimous jury verdict in death penalty cases,” said Senate President Joe Negron (R-Stuart).
“It is important that we have an orderly system of justice in place for both families of victims and individuals charged with serious crimes,” said Chair Bracy, sponsor of Senate Bill 280. “This legislation removes ambiguity from our death penalty statute, which will help reduce delays in due process for all parties involved in death penalty cases.”
Senate Bill 280 is now available for a hearing in the Senate Committee on Rules. If passed by the Rules Committee, the bill would be available to be heard on the Senate floor early in the 2017 Legislative Session.

Bradley files legislation to repeal Certificate of Need Program

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State Senator Rob Bradley (R-Fleming Island) filed legislation today (SB 676) which would eliminate the Certificate of Need (CON) Program at the Agency for Health Care Administration.  Under existing law, health care providers must obtain a certificate of need prior to constructing new hospitals, nursing homes, hospices or intermediate care facilities in the state or to convert from one type of health care facility to another.  The CON program drives up health care costs by limiting health care choices for consumers.  In removing the program, Senate Bill 676 will shift the requirements from CON to licensure for new providers or facilities providing new services.
“By eliminating the state’s restrictive CON process we’ll increase competition and drive down the cost of health care for Floridians,” said Senator Bradley.  “For years, this cumbersome process has been used to block the expansion of facilities and restrict competition.  So, in addition to driving costs, we should also see a significant economic impact in terms of the creation of new jobs by removing this barrier.”
The Governor’s office is also backing Senator Bradley’s legislation.  Governor Rick Scott said, “I’ve traveled across our state and spoken with Floridians who have been charged unconscionable prices for procedures. This session, I want to fight to make the healthcare system fair for families and ensure health care works for patients and not for hospitals’ bottom lines. I look forward to working with Senator Bradley to champion this legislation as we continue to help bring greater access, quality, transparency and fairness to patients.”
The bill authorizes the Agency for Health Care Administration to develop licensure rules for new providers or facilities providing new services and sets guidelines for the licensure of hospitals and hospice facilities.

Florida Senator Dana Young files craft breweries legislation

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Senate Bill 554 Aims to Help Craft Breweries Grow & Enter
the Marketplace by Allowing Self-distribution

Florida Senator Dana Young (R-Tampa) today announced that she has filed Senate Bill 554, relating to “Craft Breweries.” This bill provides the smallest of craft brewers with the opportunity to grow their business by permitting self-distribution up until a 7,000 keg production limit is met. Once this limit is met, the craft brewer will need to contract with a distributor, which is the current practice today.
“I am proud to sponsor SB 554 and continue to be an advocate for our state’s craft brewers,” said Senator Young. “We want to see the craft beer industry continue their trend of record growth and this bill will help new brewers get their beer to market faster.” She continued, “I look forward to working with the bill’s co-sponsor, Senator Jack Latvala, my colleagues in the Senate, and members of the Florida House to provide a regulatory structure that encourages craft brewers to grow.”

Sen. Brandes and Rep. Fischer file pension reform legislation

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Bill will require pension plans to increase contributions and reduce unfunded liabilities

Senator Jeff Brandes (R-St. Petersburg) and Representative Jason Fischer (R-Jacksonville) jointly filed legislation today to change the methodology used by pension plans in determining appropriate levels of annual contributions. If adopted, many pension plans will be required to increase their annual monetary contributions. The proposed changes will increase the financial strength and solvency of the plans by reducing unfunded liabilities.
“Many pension plans in Florida are dangerously underfunded, bringing into question whether they will be available to our police, firefighters, first responders, and public employees who rely on them for retirement,” stated Senator Brandes. “This legislation will prevent pension plans from playing games with their funding formulas, and bring about fiscally prudent funding practices in these important programs.”
“We’ve made a promise to our teachers, first responders, and hardworking public servants that in exchange for their sacrifice we would help support them in retirement,” stated Representative Fischer. “For far too long faulty assumptions and pie in the sky numbers have put that promise at risk. This bill will put us on a path to fiscally responsibility by pegging the state retirement calculations to the real world.”
The legislation, Senate Bill 632 and House Bill 603, change the way pension plans determine their assumed return rates for investments made by plans. The legislation would implement recommendations from a 2014 report from the Society of Actuaries, urging the use of more reasonable rate-of-return assumptions by plans to avoid unfunded liabilities that accumulate over time. This legislation follows reforms by Senator Brandes in 2013 and 2015 that increased transparency in pension funding levels, and required more updated actuarial assumptions be used when projecting future plan costs due to plan participant mortality. Senator Brandes and Representative Fischer have also collaborated this year on pension reform legislation designed to prevent underfunded local plans from entering the Florida Retirement System.

For more information on SB 632 and HB 603 please visit http://www.flsenate.gov/Session/Bill/2017/0632.

 

Senator Dana Young files legislation to make clear fantasy sports are legal in Florida

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Bill Establishes Meaningful Regulations to Protect Consumers

State Senator Dana Young (R-Tampa) today announced that she has filed Senate Bill 592, which clarifies the law to make clear that fantasy sports are legal in the State of Florida, while also establishing commonsense regulations and consumer protection measures for the industry. Ten states have recently passed laws regulating fantasy sports and these regulations have proven to be successful. SB 592 is based on the best components of fantasy sports laws from across the county, with the appropriate Florida-specific adjustments to serve the Sunshine State.
“Today, more than 3 million Floridians participate in fantasy sports. This bill ensures the games they love will continue to be legal in the State of Florida, while adding several consumer protection measures,” said Senator Young.  “The relevant laws on the books were written a long, long time ago in a different era, and they need to be updated to reflect current technology and to ensure that our friends and neighbors who enjoy fantasy sports can do so without any legal ambiguity.”
Key consumer protection measures in the legislation include:

  • Instituting restrictions on who may compete in fantasy games, including barring the operator, employees of the operator, and family members of the operator from play, as well as preventing employees of the game operator from sharing confidential information that could affect fantasy game play;
  • Verifying fantasy contest participants are 18 years of age or older;
  • Restricting any individual who is a player, game official, or other participant in a real-world competition from participating in any related fantasy contest;
  • Disclosing the number of fantasy contests a single participant may enter and prevent contest participants from entering more than the allowable number of fantasy games;
  • Segregating contest participants’ funds from operational funds and maintaining a reserve to ensure fantasy players will have access to their funds at all times;
  • Requiring all fantasy sports companies offering fantasy games in the State of Florida to annually contract with a third party to perform an independent audit, consistent with the standards established by the American Institute of Certified Public Accountants, to ensure compliance with all of the requirements of the new law; and,
  • Clarification that NCAA sports will not be included in fantasy contests.

“On behalf of the millions of Floridians for whom fantasy sports is a fun and engaging pastime, I look forward to working with my colleagues during the 2017 Legislative Session to pass this needed law clarifying the legality of fantasy sports,” concluded Senator Young.
 

Terrorism Prevention Legislation Filed in House and Senate

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Bill will expand the definition of terrorism and provide new and
increased penalties for those involved in any aspect of terrorism.

Senator Aaron Bean (R-Jacksonville) and Representative Julio Gonzalez (R-Sarasota) have filed Senate Bill 476 and House Bill 457, Terrorism and Terrorist Activities, expanding the definition of the term “terrorism” and providing new and increased penalties for those involved in any aspect of terrorism.
“In the wake of the horrific terror attack in Orlando, the State of Florida must take a strong stance against terrorism,” said Senator Bean. “This bill will provide new and harsher punishments for those engaging in acts of terror and will allow law enforcement to combat this rising threat more effectively.”
The bill provides that violation of specified provisions with certain intent is a crime of terrorism. In addition, the bill provides penalties for any person who willfully becomes a member of a designated foreign terrorist organization and serves with the intent to pursue illegal acts.
“Combating those who threaten our democracy and our way of life is pivotal to maintaining a vibrant republic and to protecting our future. I am thrilled to join Senator Bean and Commissioner Swearingen in the fight against terrorism in our state,” stated Representative Gonzalez.
The bill also prohibits providing material support or resources to any designated foreign terrorist organizations and prohibits engaging in other illegal actions in connection with these organizations. Lastly, it will require the Florida Department of Law Enforcement to create specified guidelines pertaining to terrorism.
“We appreciate this legislation and its support of our mission to promote public safety and strengthen domestic security,” said FDLE Commissioner Swearingen. “By providing law enforcement with the tools to help prevent future attacks, we are poised to take a more proactive approach in fighting terrorism.”

Senate Regulated Industries Committee Passes Comprehensive Gaming Legislation

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Senator Bill Galvano (R-Bradenton) released the following statement regarding Senate Bill 8, Gaming, which today passed the Senate Committee on Regulated Industries.
“Gaming is a multi-billion-dollar industry. Just as we do with any other industry in our state, we want to make sure our laws provide an environment of certainty and reliability that allows private entities to make educated business decisions about the jobs families rely on. In turn, all Florida families can make informed decisions about the communities in which they live and work.
“These are real dollars that impact real people, families, and communities across our state. Today’s action is an important step towards finalizing a comprehensive, statewide approach that respects the interests of the Seminole Tribe of Florida, other business owners who operate gaming facilities, and the authority of local voters.
“I look forward to the work ahead and hope this legislation will provide a foundation for further discussions with Governor Scott, our colleagues in the Florida House, the Seminole Tribe, industry stakeholders, and constituents. My goal is to resolve this issue early in session to provide the certainty and finality all stakeholders are seeking.”