Florida House passes parental notice bill

TALLAHASSEE (FBW) – As legislators begin the final two weeks of their annual session in Tallahassee, pro-family forces can point to some victories and to some continuing concerns regarding measures working through the Legislature.

The Florida House of Representatives overwhelmingly adopted – on a vote of 92-21 – HB 1659, which would require minors to notify their parents before they can have an abortion in the Sunshine State.

The bill, sponsored by Rep. Jeff Kottkamp, R-Cape Coral, would implement voters’ approval of Amendment 1 last fall permitting the Legislature to write a parental notice law.

On the Senate side, the companion bill, SB 1908, sponsored by Sen. Paula Dockery, R-Lakeland, is expected to be heard by the full Senate during the week of April 25.

Significant differences exist between the House and Senate versions, Florida Baptist Convention legislative consultant Bill Bunkley told Florida Baptist Witness April 23.

“We have quite a road ahead to try to decide what features of the House bill the Senate will be willing to accept” and vice versa, Bunkley said.

Some of the differences between the two versions center on the nature of a judicial waiver permitted under the law. As outlined by the St. Petersburg Times, those differences include:

— The House version limits the judicial waiver exemption to girls 16 or 17 years of age, unless they are victims of physical or sexual abuse by a family or household member, while the Senate would allow any girl to petition a judge for a notification waiver.

— The House bill requires filing of the waiver in a girl’s home county, while the Senate would permit filing anywhere in the state.

— The House measure allows the judge to have seven days to rule, while the Senate bill allows 48 hours.

About the differences, Bunkley told the Witness, “The House bill is a lot more conservative and tighter than the ... Senate bill.” He added, “We would like to see the Senate version tightened up.”

Differences between the legislative bodies are even greater in legislation under consideration to implement voters’ narrow approval of Amendment 4 last November permitting Broward and Miami-Dade counties to hold referendums allowing slot machines at pari-mutuel facilities. Both counties held referendums March 8, with Broward approving and Miami-Dade narrowly rejecting the measures.

Committee action on slot machines legislation was completed in the House last week, and HB 1901 may be considered by the full House during the week of April 25.

The Fiscal Committee adopted a substitute bill offered by Rep. Frank Attkinson, R-Kissimmee, which raised the tax rate for slot machines to 55 percent – up from a previous high of 45 percent. The bill also removed a provision permitting pari-mutuels to upgrade the permitted Class II bingo-style machines to Class III Las Vegas-style slots if Indian tribes are authorized to introduce Class III machines at its facilities. The Senate version of the bill, SB 1174, allows for Class III machines.

Anti-gambling lobbyists enjoyed a brief moment of victory April 22 when the Senate Judiciary Committee adopted an amendment by Chairman Sen. Daniel Webster, R-Winter Garden, which would have required pari-mutuel facilities to choose between pari-mutuel wagering and slot machines. Webster is a member of First Baptist Church of Central Florida.

The Webster amendment was later defeated when Sen. Bill Posey, R-Rockledge, moved to reconsider and switched his vote, changing the result from 5-3 to 4-4, thus killing the amendment.

Bunkley, who attended the committee meeting, told the Witness, “There was a gasp in the room,” after the amendment was approved. “For a while we were enjoying ourselves.”

In the end, the Senate bill left the Judiciary Committee largely unchanged, although the committee did approve an amendment by Sen. Posey which would not permit ATM machines at slots facilities.

The Senate measure permitting Class III machines limits the tax rate on slots to 30-35 percent and earmarks revenue for school construction and maintenance.

A Florida research organization released a report this month calling for larger licensing fees and a much higher tax rate – 74 percent – arguing that the Legislature will “leave $4.5 billion on the table by not setting a fair state gambling tax.”

Florida TaxWatch made its recommendations based on the manner other states have taxed the gambling industry following voters’ approval of various forms of gambling, including slot machines at pari-mutuel facilities – so-called “racinos.”

The group studied recent legislation in New York, Rhode Island, West Virginia, Delaware, New Mexico, Iowa and Louisiana, finding tax rates ranging from 36 to 80 percent. A greater tax rate at pari-mutuels with slot machines would permit legislators to provide relief to taxpayers, the tax watchdog group argues.

As in the case of the differences between the legislative bodies concerning parental notification, Bunkley believes the House version of the slots legislation is better.

Noting that negotiations between the House and Senate in the final weeks of the session will be difficult, Bunkley told the Witness, “Florida Baptists should encourage the House to stick to as close to their position as possible.”

Meanwhile, the Senate Judiciary Committee adopted April 22 the House version of the “Women’s Health and Safety Act,” a bill which would require abortion clinics to meet health and safety regulations required of other medical facilities. The full House overwhelmingly approved HB 1041 April 13.

Bunkley told the Witness the bill must clear the Senate Health Care Appropriations Committee before it can be considered on the floor.