HB 1069 — Substance Abuse Services
Last action — Died in returning Messages
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
438 added · 417 removed438 line(s) added, 417 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069, Engrossed 1 2018 A bill to be entitled An act relating to substance abuse services;
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069, Engrossed 1 2018 specialists;
providing additional conditions for an exception to limitations on referrals by licensed service providers to their wholly owned subsidiaries;
Be It Enacted by the Legislature of the State of Florida:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069, Engrossed 1 2018 SectionBe 1.It Enacted by the Legislature of the State of Florida:
Section 1.
(30) "Peer specialist" means a person who has been in recovery from a substance use disorder or mental illness for at least 2 years who uses his or her personal experience to deliver services in behavioral health settings to support others in theirPage recovery,3 or a person who has experience as a family member or a caregiver of a17 personCODING: with a substance use disorder or mental illness.
The term does not include a person who is a Page 3 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 qualifiedtheir professionalrecovery, or otherwisea certifiedperson underwho chapterhas 394experience as a family member or 397.a caregiver of a person with a substance use disorder or mental illness.
The term does not include a person who is a qualified professional or otherwise certified under chapter 394 or 397.
Such screening shall also include background screening as provided in s.Page 4 of 17 CODING:
408.809.
3.
All peer specialists who have direct contact with individuals receiving services are subject to level 2 background Page 4 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed screening1 as2018 provideds. under chapter 435.
408.809.
3.
All peer specialists who have direct contact with individuals receiving services are subject to level 2 background screening as provided under chapter 435.
(h)(g) The department may not issue a regular license to any service provider that fails to provide proof that background screeningPage information5 hasof been17 submittedCODING: in accordance with chapter 435.
(4) EXEMPTIONS FROM DISQUALIFICATION.— Page 5 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed (a)1 The2018 departmentscreening mayinformation granthas tobeen anysubmitted servicein provideraccordance personnelwith anchapter exemption435. from disqualification as provided in s.
(4) EXEMPTIONS FROM DISQUALIFICATION.— (a) The department may grant to any service provider personnel an exemption from disqualification as provided in s.
Section 397.417, Florida Statutes, is created toPage read:6 of 17 CODING:
397.417 Behavioral health peer specialists.— (1) An individual is eligible for certification as a peer Page 6 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed specialist1 if2018 heto orread: she has been in recovery from a substance use disorder or mental illness for at least 2 years or if he or she has experience as a family member or caregiver of a person with a substance use disorder or mental illness.
397.417 Behavioral health peer specialists.— (1) An individual is eligible for certification as a peer specialist if he or she has been in recovery from a substance use disorder or mental illness for at least 2 years or if he or she has experience as a family member or caregiver of a person with a substance use disorder or mental illness.
397.487 Voluntary certification of recovery residences.— (1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long-lasting Page 7 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 397.487 Voluntary certification of recovery residences.— (1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long-lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment.
A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence's application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense Page 8 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s.
(b) Referrals by a recovery residence to a licensed service provider when a resident has experienced a recurrence of substance use and, in the best judgment of the recovery residence administrator, it appears that the resident may benefit from clinical treatment services the recovery residence Page 9 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 substance use and, in the best judgment of the recovery residence administrator, it appears that the resident may benefit from clinical treatment services the recovery residence or its owners, directors, operators, or employees do not benefit, directly or indirectly, from the referral.
(c) Referrals made before January 1, 2019 July 1, 2018, by a licensed service provider to that licensed service provider's wholly owned subsidiary.subsidiary, provided that applications and associated fees are submitted by July 1, 2018.
(6)(5) After June 30, 2019, a licensed service provider violatingPage this10 section shall be subject to an administrative fine of $1,00017 perCODING: occurrence.
Repeat violations of this section may subject a provider to license suspension or revocation pursuant to s.
397.415.
Page 10 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed (7)(6)1 Nothing2018 inviolating this section requiresshall abe licensedsubject service provider to referan aadministrative patientfine to or to accept a referral of a$1,000 patientper fromoccurrence. a recovery residence.
Repeat violations of this section may subject a provider to license suspension or revocation pursuant to s.
397.415.
Show all 77 changed lines (37 more)
(7)(6) Nothing in this section requires a licensed service provider to refer a patient to or to accept a referral of a patient from a recovery residence.
Paragraph (e) of subsection (5) of section 212.055,Page Florida11 Statutes,of is17 amendedCODING: to read:
212.055 Discretionary sales surtaxes;
legislative intent;
authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales Page 11 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed surtax1 shall2018 be212.055, published in the Florida StatutesStatutes, asis aamended subsectionto ofread: this section, irrespective of the duration of the levy.
212.055 Discretionary sales surtaxes;
legislative intent;
authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective of the duration of the levy.
(e) A governing board, agency, or authority shall be chartered by the county commission upon this act becoming law.
The governing board, agency, or authority shall adopt and implement a health care plan for indigent health care services.
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 The(e) A governing board, agency, or authority shall consistbe ofchartered noby morethe thancounty sevencommission andupon nothis feweract thanbecoming fivelaw. members appointed by the county commission.
The governing board, agency, or authority shall adopt and implement a health care plan for indigent health care services.
The governing board, agency, or authority shall consist of no more than seven and no fewer than five members appointed by the county commission.
1.Page 13 of 17 CODING:
The plan shall divide the county into a minimum of four and maximum of six service areas, with no more than one participant hospital per service area.
The county public general hospital shall be designated as the provider for one of the Page 13 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed service1 areas.2018 1.
The plan shall divide the county into a minimum of four and maximum of six service areas, with no more than one participant hospital per service area.
The county public general hospital shall be designated as the provider for one of the service areas.
for indigent health care services, service providers shall receive reimbursement at a Medicaid rate to be determined by the governing board, agency, or authority created pursuant to this paragraph for the initial emergency room visit, and a per-member per-month fee or capitation for those members enrolled in their service area, as compensation for the services rendered Page 14 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, Engrossed 1 2018 governing board, agency, or authority created pursuant to this paragraph for the initial emergency room visit, and a per-member per-month fee or capitation for those members enrolled in their service area, as compensation for the services rendered following the initial emergency visit.
The plan's benefits shall be made available to all countyPage residents15 currentlyof eligible17 toCODING: receive health care services as indigents or medically poor as defined in paragraph (4)(d).
4.
Eligible residents who participate in the health care Page 15 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed plan1 shall2018 receivecounty coverageresidents forcurrently aeligible period of 12 months or the period extending from the time of enrollment to thereceive endhealth ofcare theservices currentas fiscalindigents year,or permedically enrollmentpoor period,as whicheverdefined isin less.paragraph (4)(d).
4.
Eligible residents who participate in the health care plan shall receive coverage for a period of 12 months or the period extending from the time of enrollment to the end of the current fiscal year, per enrollment period, whichever is less.
397.311(34).Page 16 of 17 CODING:
Section 10.
Paragraphs (d) and (g) of subsection (1) of section 440.102, Florida Statutes, are amended to read:
440.102 Drug-free workplace program requirements.—The Page 16 of 17 CODING:
hb1069-03-c3hb1069-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 1069CS/CS/CS/HB, 2018Engrossed following1 provisions2018 apply397.311(34). to a drug-free workplace program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration:
Section 10.
Paragraphs (d) and (g) of subsection (1) of section 440.102, Florida Statutes, are amended to read:
440.102 Drug-free workplace program requirements.—The following provisions apply to a drug-free workplace program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration:
hb1069-03-c3hb1069-04-e1
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View plain text versions (5)
- H 1069 e1 View text pdf
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- H 1069 c2 View text pdf
- H 1069 c1 View text Current pdf
- Introduced H 1069 Filed pdf
Action History
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Died in returning Messages
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Indefinitely postponed and withdrawn from consideration
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In returning messages
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CS passed as amended; YEAS 36 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Amendment(s) adopted (161962, 732762) -SJ 917, 918
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Read 2nd time -SJ 916, 917
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Substituted for CS/CS/SB 1418 -SJ 916, 917
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Placed on Calendar, on 2nd reading
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Withdrawn from Children, Families, and Elder Affairs; Criminal Justice; Rules
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Received
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Referred to Children, Families, and Elder Affairs; Criminal Justice; Rules
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In Messages
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CS passed as amended; YEAS 115 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Amendment(s) adopted (852533)
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Read 2nd time
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Placed on Special Order Calendar, 02/28/18
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Placed on Calendar
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CS/CS/CS by Health and Human Services Committee read 1st time
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Pending review of CS -under Rule 7.18(c)
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CS/CS/CS by- Health and Human Services Committee; YEAS 17 NAYS 0
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On Committee agenda-- Health and Human Services Committee, 02/15/18, 8:30 am, Morris Hall
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Now in Health and Human Services Committee
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CS/CS by Health Care Appropriations Subcommittee read 1st time -HJ 529, 530
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Pending review of CS under Rule 7.18(c)
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CS/CS by Health Care Appropriations Subcommittee; YEAS 11 NAYS 0
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On Committee agenda-- Health Care Appropriations Subcommittee, 02/06/18, 9:30 am, Sumner Hall
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Now in Health Care Appropriations Subcommittee
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CS by Children, Families and Seniors Subcommittee read 1st time
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Pending review of CS under Rule 7.18(c)
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CS by Children, Families and Seniors Subcommittee; YEAS 11 NAYS 0
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On Committee agenda-- Children, Families and Seniors Subcommittee, 01/17/18, 8:30 am, 12 HOB
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Introduced
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Referred to Children, Families and Seniors Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee
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Filed
Sponsors
- Children · Primary
- Families and Seniors Subcommittee · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 158 not signed on
Sponsors (2)
- Children
- Families and Seniors Subcommittee
Co-sponsors (0)
None.
Not signed on (158)
158 members have not signed on to this bill.
Show all 158 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 28 | 0 | 0 | 2 |
| Democrat | 3 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Lee | — | Yea |
| Brandes | — | Yea |
| Braynon | — | Yea |
| Montford | — | Yea |
| Perry | — | Yea |
| Flores | — | Yea |
| Rader | — | Yea |
| Galvano | — | Yea |
| President Negron | — | Not Voting |
| Baxley | — | Yea |
| Simmons | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Simpson | — | Yea |
| Benacquisto | — | Yea |
| Grimsley | — | Yea |
| Stargel | — | Yea |
| Hukill | — | Yea |
| Steube | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Broxson | — | Yea |
| Farmer | — | Not Voting |
| Gainer | — | Yea |
| Hutson | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Taddeo | — | Yea |
| Thurston | — | Yea |
| Torres | — | Yea |
| Campbell, Daryl | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Young, RaShon | Democrat | Yea |
| Bradley, Jennifer | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 91 | 0 | 0 | 1 |
| Republican | 20 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 115 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Abruzzo | — | Yea |
| Gonzalez | — | Yea |
| Alexander | — | Yea |
| Grant, J. | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Sullivan | — | Yea |
| Caldwell | — | Yea |
| Slosberg | — | Yea |
| Clemons | — | Yea |
| Smith | — | Yea |
| Latvala | — | Yea |
| Cortes, B. | — | Yea |
| Lee | — | Yea |
| Cortes, J. | — | Yea |
| Diaz, M. | — | Yea |
| Moraitis | — | Yea |
| Watson, B. | — | Yea |
| Watson, C. | — | Yea |
| Nunez | — | Yea |
| Williams | — | Yea |
| Fitzenhagen | — | Yea |
| Altman | — | Not Voting |
| Fant | — | Yea |
| Ahern | — | Yea |
| Asencio | — | Yea |
| Ausley | — | Yea |
| Beshears | — | Yea |
| Bileca | — | Yea |
| Brown | — | Yea |
| Byrd | — | Yea |
| Corcoran | — | Yea |
| Cruz | — | Yea |
| Cummings | — | Yea |
| Diamond | — | Yea |
| Donalds | — | Yea |
| Drake | — | Yea |
| DuBose | — | Yea |
| Duran | — | Yea |
| Eagle | — | Yea |
| Edwards-Walpole | — | Yea |
| Fine | — | Yea |
| Fischer | — | Yea |
| Geller | — | Yea |
| Good | — | Yea |
| Goodson | — | Yea |
| Hager | — | Yea |
| Hardemon | — | Yea |
| Harrison | — | Yea |
| Henry | — | Yea |
| Ingoglia | — | Yea |
| Ingram | — | Yea |
| Jacobs | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Yea |
| Killebrew | — | Yea |
| Magar | — | Yea |
| Mariano | — | Yea |
| McGhee | — | Yea |
| Mercado | — | Yea |
| Metz | — | Yea |
| Moskowitz | — | Yea |
| Newton | — | Yea |
| Oliva | — | Yea |
| Olszewski | — | Yea |
| Payne | — | Yea |
| Pigman | — | Yea |
| Peters | — | Yea |
| Ponder | — | Yea |
| Porter | — | Yea |
| Pritchett | — | Yea |
| Raburn | — | Yea |
| Renner | — | Yea |
| Richardson | — | Yea |
| Rodrigues | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Russell | — | Yea |
| Santiago | — | Yea |
| Shaw | — | Yea |
| Silvers | — | Yea |
| Spano | — | Yea |
| Sprowls | — | Yea |
| Stafford | — | Yea |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Trujillo | — | Yea |
| White | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Yea |
| La Rosa | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Berman, Lori | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Not Voting |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Miller, Monique | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 3 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 3 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Grant, M. | — | Yea |
| Williams | — | Yea |
| Grant, J. | — | Yea |
| Brown | — | Yea |
| Cummings | — | Yea |
| DuBose | — | Not Voting |
| Hardemon | — | Yea |
| Magar | — | Yea |
| Pigman | — | Not Voting |
| Santiago | — | Not Voting |
| Silvers | — | Yea |
| Stevenson | — | Yea |
| White | — | Yea |
| Berman, Lori | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Brodeur, Jason | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 2 |
| Total | 11 | 0 | 0 | 3 |
| % of votes cast | 79% | 0% | 0% | 21% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Grant, J. | — | Not Voting |
| Duran | — | Yea |
| Magar | — | Yea |
| Mercado | — | Yea |
| Pigman | — | Yea |
| Richardson | — | Yea |
| Stevenson | — | Yea |
| White | — | Not Voting |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Not Voting |
| Burton, Colleen | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 3 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 3 |
| % of votes cast | 79% | 0% | 0% | 21% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Gonzalez | — | Yea |
| Slosberg | — | Not Voting |
| Grant, M. | — | Yea |
| Williams | — | Yea |
| McGhee | — | Yea |
| Peters | — | Yea |
| Roth | — | Not Voting |
| Russell | — | Yea |
| Santiago | — | Not Voting |
| Spano | — | Yea |
| Stevenson | — | Yea |
| Willhite | — | Yea |
| Harrell, Gayle | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1069?
- HB 1069 is sponsored by Children and Families and Seniors Subcommittee.
- What is the current status of HB 1069?
- This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 1069?
- Track HB 1069 free on One Click Politics — get push/email alerts when it moves.
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