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Archive |
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Florida
AFL-CIO
April 2, 1999
Legislative Update #3
updated information as provided by the Florida AFL-CIO
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Legislative
Session at Midway Point -- Overview
With the 1999 Session at its halfway mark, the business dominated
Legislature has put its agenda on full display. Thus far the 1999 Florida
Legislature has made it more difficult for working people to sue big business; given
$40 million dollars to the billion-dollar nursing home industry - no strings attached, and
decided to allow telephone companies to increase rates for many residential consumers.
This week alone the House began debate on their version of the
$48.4 billion state budget and two of Governor Bush's high profile campaign promises -
private school vouchers and the 10-20-LIFE sentencing plan. Not to be outdone, the
Senate has passed a $48.8 billion budget that commits more money to tax breaks than to
education and is scheduled to consider a bill that would give tax breaks to rich people
who buy skyboxes at sports stadiums.
With the session only half done, it's fully clear that the
anti-worker legislature is taking its extreme agenda out on working families. After
only four weeks, they have declared war on public education, worked to reward the rich and
ignored working families. Here is this ULL week in review . . .
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Educational
Accountability (School Vouchers)
CS/HB 751 by Diaz de la Portilla; SB 1756 by Cowin
Republicans in the house rallied behind Governor Bush's
private school voucher plan, under the guise of so-called "Opportunity
Scholarships." As expected, the bill passed the house largely along party
lines. 65 Republicans and 6 democrats supported the plan; 42 Democrats
and 7 Republicans opposed it. The Governor's voucher plan faces an uncertain
future in the Senate. Senate President Toni Jennings has raised questions about the
wisdom of publicly - funded private school vouchers. However it is unclear if she
will be able to keep the bill from passing. The bill has not yet been considered in
the Senate. The Senate Education Committee has temporarily deferred its version both
times it has been on their agenda. If the bill receives favorable consideration in
that committee, it will go to the Senate Fiscal Policy Committee before being taken up by
the full Senate. The United Labor Lobby (ULL) is working hard to make sure this very
dangerous bill does not become law. Florida's working families can not afford to
have millions of dollars stolen from our already under funded public school system and
given to private schools.
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Journeymen
Licensure
HB 955 by Lacasa; SB 2556 by King
The House Bill was taken up and passed by the
Committee on Business Regulation and Consumer Affairs with Rep. Jeff Miller casting the
only dissenting vote.
The bill language changed drastically by virtue of an amendment
by the sponsor, Rep. Lacasa. The ULL has worked closely with Rep. Lacasa to get
these improvements. The bill now provides that 'proper onsite supervision' must take
place on all electrical construction jobs. The supervision required must be either
the qualifying agent, a master electrician or a journeyman electrician on all jobs
in Florida. The bill also provides for "reasonable' absence.
The bill provides that local code enforcement officers may detect
violations and file complaints directly to the Department of Business and Professional
Regulation for adjudication. The bill further provides for state certification of
journeyman electricians bases on experience and competency requirements previously passed
in the reciprocity law. Journeymen may be disciplined for misconduct, negligence or
fraud under the provisions of the bill.
An amendment to include journeymen in the plumbing, mechanical
and HVAC trades under the same "on-site" provisions was sponsored by Rep.
Greenstein, but unfortunately was killed on a voice vote.
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Uniform
Construction Contractor Licensing
HB 2015 by Business Regulation & Consumer Affairs; SB 2268 by Clary
Identical House and Senate versions of this bill both passed
their respective chambers after major revisions.
The uniform licensing provisions (single tier) were removed from
both bills and replaced by a study on the fiscal impact on local Governments of
instituting a single tier regulatory system for all contractors in Florida. The
study will include a survey of expenses and incomes of local licensing boards with
emphasis on, and definite inclusion of, the 10 most active county boards. The study
must be finished by December 1, 1999, ready for the 2000 legislative session.
The bill also requires that the Construction industry Licensing
Board and the Electrical Contractors Licensing Boards establish: uniformity between
job scopes of local and state specialty contractors; a mechanism by which registered
contractors could be grandfathered in for certification as state contractors; and
that any construction contractor who pays an occupational license tax in one Florida
county will not be required to pay the same tax in another county.
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Unemployment Compensation Rates
HB 1951 by Finance and Taxation; SB 108 by McKay
This legislation providing a 5% increase in
unemployment benefits throughout the calendar year 2000 and extending a temporary
reduction in unemployment compensation tax rates for certain employers for the same
period, has passed the House and Senate and it awaiting the Governor's signature.
Under the bill, the maximum cap on benefits will be raised to $288 for the first eight
weeks of unemployment. The bill also extends the Training Investment program to the
year 2002. This program provides extended benefits to certain dislocated workers.
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Florida
Workforce Investment Act
CS/SB 252 by Kirkpatrick; HB 987
These bills largely contain language that are
designed to bring Florida's workforce investment efforts in line with federal
requirements. However a provision that would effectively eliminate organized labor
and community representation on regional and statewide Workforce Development boards has
been added to the bill. This provision is a blatant attempt to squash the voice of
working people on Workforce Development issues. The bill also allows additional
privatization and jeopardizes the jobs of about 1000 state workers. Both bills have
passed out of committee and are now ready for be taken up the respective chambers.
SB 252 is scheduled to be heard on April 7.
The ULL is gravely concerned about he impact of these measures
and will work to stop this fast moving legislation.
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Nursing Home
Staffing
CS/SB 834, 1140, 1612 by Fiscal Policy Committee;
The Senate Fiscal Policy Committee combined SB
834 with two other nursing home bills creating a nursing home reform package that has been
sent to the Senate Floor for consideration by the full Senate. The Senate Fiscal
Policy Committee approved the nursing home reform package but took out the controversial
$40 million for nursing homes to hire more staff but it does not require the
money to be used for that purpose.. Because of the difference, the two chambers may
be to meet in conference to discuss the package.
The improved Senate package cracks down on the industry, ensuring
Medicaid patients are not kicked out and that nursing homes hire qualified workers.
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Worker's
Compensation
HB 1767 by H. Ins.; SB 2552 by King; SB 1166 by Latvala;
The ULL business interests and claimants' attorneys have been
meeting in an attempt to resolve a wide range of issues in the workers compensation bills.
Some provisions in the bill would further diminish the rights and benefits of
injured workers and we are trying to eliminate the language surrounding these issues.
We are particularly concerned with attempts to erode benefits provided under
current case law. Those hardest hit under the proposals would be older workers.
Provisions contained in the legislation would eliminate workers' comp cost of
living adjustments at the age of 62 and use Social Security retirement pensions and other
employer-funded benefits to reduce employer liabilities.
The ULL will continue to fight to protect the rights of injured
workers.
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Local
Contacts/Public Construction
HB 867 by Brummer; SB 1906 by Sebesta;
These bills were amended to change the threshold for electrical
work to $50,000 for local governments to competitively bid public work projects. The
current level is $200,000. Original language capped the threshold amount at
$100,000, but included all construction projects not only electrical ones. Both
bills have three committee references and have been passed out of one.
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Employee
Testimony/Judicial Proceedings
HB 915 by Cantens: SB 212 by Diaz Balart;
These good bills will strengthen the whistleblower
protections for employees who testify before any judicial proceeding, whether voluntarily
or by supeona. It expands current law to prohibit threats of dismissal; allows
the court to declare the employer in contempt of court and to award compensatory damages
to the employee-witness. HB915 has passed the House Judiciary Committee and is now
in Crime and Punishment. The Senate passed SB 212 on the Floor on March 30 with a
unanimous vote.
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Florida Labor
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Florida's Legislature
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My Vote Counts?
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Palm Beach-Treasure Coast
AFL-CIO
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