2004 Legislative Session

During the 2004 legislative session, FFCCA is actively engaged in the effort to pass reform legislation that will create a single, unified, more effective and accountable structure for the "death care" industry in Florida. To this end, we are working to pass CSHB 323 (Rep. Brown) and SB 528 (Sen. Pruitt). The 2004 Regular Session will convene on March 2, 2004 and end 60-days later on May 4, 2004.

Legislative Update

June 18 , 2004

Friends and Neighbors: The Governor signed SB 528, "The Sen. Howard Futch Memorial Act," into law!! We win!!! Whee!! Thank you, ALL of you, both industry and consumerr reps, for the support you gave our good cause. NOW...(you knew this was coming, didn't you?), we have to stay on top of the process by which the new regulatory structure will be put in place. Please stay alert. The effective date to implement "our" legislation is October 2005. There are lots and lots of critical dates between now and then, and we (FFCCA) will keep you informed. Let's all take a few deep breaths and yell: "Yeeeee-haw!! Bill Swain

May 2 , 2004

"Our" legislation has passed both House and Senate, and is on the way to the Governor. This is a signal victory!! Folks around the country have been watching to see if industry representatives, legislators, and consumers could work together to accomplish genuine reform. About a month ago, CFO Tom Gallagher called this legislation "historic," and I think that's not too strong. So, congratulations to all of you who've worked so hard to get us to this point. Good job!!

However, we still have one more "win" to accomplish: we must persuade Governor Bush to sign this historic legislation into law. We have NO idea that anyone is out there trying to persuade him to veto this legislation. But---nevertheless---we must to our very best to ensure that this historic legislation become the law of our state.

To this end, I am asking, once again, that you contact the governor's office. I'm asking you to do three things:

1. Telephone the Governor's office (850)488-4441 and express your enthusiasm for this historic reform legislation ("The Howard Futch Memorial Act," reference to funeral and cemetery services);
2. E-mail the Governor to the same effect. We're told that the Governor does read his e-mail, and he needs to hear from us;
3. Most important, please write a "real" letter...(smile)...on official stationery if you represent an organization, and SEND ME A COPY [FFCCA, 1006 Buena Drive, Tallahassee, FL 32304-1810]. We'll be putting together a packet of support letters that we'll provide to the governor's office when we talk to staff, and these support letters are crucial.

Believe me, I've been through this before, and the staff who are vetting "our" legislation DO pay attention to these letters. So..."just do it." Some of you will be hearing from me by telephone. Please don't be offended. I'm absolutely committed to seeing this through to a happy ending, and more than willing to be a "pest." Bill Swain, President, FFCCA

April 28, 2004

We are now definitely in a "winning position," so please help us WIN! SB 528 passed the Senate today by unanimous vote, with all 40 Senators signing on to co-sponsor the bill! The Senate bill goes to the House as a "message," awaiting action. The House bill, HB 323, is on "Special Order" calendar for tomorrow.

When the House bill comes up, they have the option of taking up and passing the Senate bill, which fulfills legislative requirements. The bill would then be sent to the Governor. SO...your task is to call you local representative AND the office of House Speaker Johnnie Byrd to express your support.

Please identify yourself: "I am a retired college professor (homemaker, funeral director, whatever), and I have been following the progress of this legislation. This reform will affect every household in Florida. PLEASE vote "YES!" on House bill 323 or Senate bill 528." Something like that. Then call two or three friends and/or neighbors and ask them to do the same thing.

This is truly 'historic' legislation, and folks around the country are watching with great interest. Let's demonstrate that consumer and industry representatives can work together to accomplish genuine reforms that are good for both.

April 23, 2004

Well, things did not go exactly as we planned today. Senator Pruitt decided to postpone the vote on his bill (SB 528) until Monday, so that senators could study the proposed "strike-all" amendment over the weekend. Honestly, I think this is a good idea even though the clock keeps ticking. Representative Brown's bill (HB 323) is "stuck" in House Appropriations Committee, but can be withdrawn after the committee meets on Monday morning.

We have a winning position, as I said in an earlier e-mail, but in chess, the hardest thing to do is win when you have a winning position. Here's the winning scenario:

Senator Pruitt's bill (SB 528) passes the Senate, is certified, and placed in "House Messages" awaiting action. Representative Brown's bill (HB 323) is withdrawn from House Appropriations Committee and placed on House calendar. At that point, the House can take up and pass the bill sent over from the Senate, and we win---the bill goes to the Governor.

The KEY idea is to keep pressure on House leadership (Speaker Byrd, Representative Bense, and your 'personal' representative). Today I received assurances that House leadership is committed to passing this historic reform legislations.

SO...hang in there! Please keep up the phone calls and e-mails, I can testify that they ARE having an effect. Thanks, Bill Swain

April 19 , 2004

Next week will be crucial to our success in passing HB 323 and SB 528. Both bills have important committee stops. HB 323 will be heard again by the House Insurance Committee on Monday afternoon. The committee meeting begins at 3:00 p.m.

The expectation is that a "strike-all" amendment will be offered that incorporates new statutory language negotiated by consumer and industry representatives, the Department of Financial Services, and the CFO. Likewise, SB 528 will be heard again by the Senate Banking and Insurance Committee. This meeting begins at 1:15 p.m. on TUESDAY afternoon. Again, it's possible that the same 'strike-all" amendment will be offered.

There is a lot of maneuvering to get the two bills in identical form, so that when passed they are ready to go to the Governor. The leadership in both chambers at this point seems committed to passing these two important reform bills. Once again, please take time to contact committee members and urge them to support these two bills.

We need to keep the pressure on as we enter the last two weeks of the session. We are VERY close to a "winning endgame." Thanks for all your support, Bill Swain, President, FFCCA

April 16 , 2004

Next week will be crucial for "our" legislation---HB 323 and SB 528. HB 323 will be heard in the House Appropriations Committee. If it is "favorably recommended," it will then be ready for the agenda of the House, to be passed.

We are confident that IF HB 323 comes to a vote in the House, it will pass overwhelmingly. We are also confident that SB 528 will pass by an overwhelming majority in the Senate. However, it may turn out that the House bill will pass first, and be sent to the Senate as a "message." Then the Senate will have the option of taking up and passing the House bill. This would be fine from our point of view.

Here's what you can do. Contact members of the House Appropriations Committee to let them know how important this legislation is to Florida's ordinary citizens. Also contact: Speaker of the House Johnnie Byrd, Senate President Jim King, Representative Allan Bense, and Senator Ken Pruitt. All of these will play a crucial role in getting this legislation passed. It's VERY good news that "our" bill is moving in the House. But we're still in a race against the clock, and everything must work smoothly if we are to pass HB 323 and SB 528. PLEASE take the time to get involved. Thanks, Bill Swain, President, FFCCA

March 30, 2004

By unanimous vote, CS/HB 323 was "favorably recommended" to the House by the Finance and Tax Committee at this morning's meeting. Another step on the way, and cause for rejoicing. There is one more committee of reference, House Appropriations, and so far CS/HB 323 hasn't appeared on their agenda. The legislators will be away from the capitol next week for the holidays, but the clock keeps ticking ("sixty consecutive days"). Stay tuned...and thanks SO much for your support! Bill Swain, President FFCCA

March 29, 2004

House Bill 323 is on the agenda of the House Finance and Tax Committee
for Tuesday March 30, 2004. Please check the FFCCA web site and IF it
happens that your "personal" representative is a member of this
committee, please telephone or e-mail her/him to request that they
support this important reform legislation.

March 17, 2004

SB 528 passed the Senate Regulated Industries Committee unanimously! It
now goes to the Senate Banking and Insurance Committee for its last
committee stop. HB 323 has not yet appeared on the agenda of the House
Insurance Committee, it's last committee stop, but will probably be up
next week.

March 12, 2004

Friends: Next week (March 15-19) is a critical moment in our efforts to pass important reform legislation governing the "death care" industry in Florida. HB 323 (Brown) will almost certainly be considered by the House Tax and Finance Committee, and it is likely that SB 528 (Pruitt) will also be considered by the Senate Committee on Regulated Industries. PLEASE take the time to visit the FFCCA web site (www.ffcca.org) and contact members of these important committees to request their support of this important reform legislation. This is especially important if a committee member happens to be your "personal" legislator. Also, please contact friends and neighbors to alert them to this opportunity to help in our good cause. FFCCA is hopeful that the 2004 session of the Florida Legislature will be remembered for the united efforts of consumers and the 'death care" industry. Please do what you can to help our good cause. Thanks, Bill Swain

March 5, 2004

HB 323, filed by Rep. Don Brown (Defuniak Springs), was "favorably recommended" by the House Insurance Committee (20-2), and now moves on to the House Finance and Taxes Committee, possibly as early as next week. This is an important first step! Please use the FFCCA web site to contact members of the House Finance and Taxes Committee, and urge them to support HB 323.

Senate Bill 528, filed by Sen. Ken Pruitt (Port St. Lucie), has been assigned to the Senate Committee on Regulated Industries. So far it has not appeared on the committee agenda---stay tuned!

February 27, 2004

Rep. Don Brown (Defuniak Springs) has filed House Bill 323. This bill has been assigned to TWO committees of reference in the House: the Insurance Committee, and the Finance and Tax Committee.

Sen. Ken Pruitt (Port St. Lucie) has filed Senate Bill 528. So far this bill has no committee assignments. Both these bills embody the FFCCA proposal to create a single, unified, and more effective regulatory structure for the "death care" industry, along with other important reforms that will benefit citizen/consumers.

FFCCA is currently visiting legislators in both chambers to request that they co-sponsor these two good bills. You can help by contacting YOUR senator and representative to request that they co-sponsor either HB 323 or SB 528.

If at any time our legislation becomes jeopardized by political adversaries, we will rally consumers and the Florida funeral industry to email the Senate President, Speaker of the House, and Governor in support for our legislation.