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Florida AFL-CIO
April 2, 1999

Legislative Update #3
updated information as provided by the Florida AFL-CIO


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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