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Florida Catholic Conference and
Florida Conference of Catholic Bishops

Our offices are in downtown Tallahassee, just two blocks from the Capitol complex.

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Tallahassee, FL 32301-7715
phone: (850) 205-6820
fax: (850) 205-6849
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  • LEGISLATIVE REPORT

  • Regular Session of the Florida Legislature
    January 10 - March 9, 2012

  • Final - April 29, 2012

  • This report is updated daily with action taken by the legislature on previously identified bills and any additional bills of concern. In addition to the priority bills listed here, the Conference monitors others bills of interest.

LIFE AND DEATH

Issue Bill(s) and Sponsor(s) Summary Position Status
Abortion
Abortion Clinic Regulations SB 290
Flores

CS/HB 277
Burgin
Restricts the circumstances in which an abortion may be performed in the third trimester or after viability; requires written consent and information be provided and obtained 24 hours before abortion performed; provides that infant born alive after attempted abortion is entitled to same rights as other infants; prohibits unlawful advertisement on how to obtain abortion; requires clinic to be owned and operated by physician or corporation/ limited liability company of doctors with specified training. Support SB 290 - Favorable by Health Regulation (5-2); now in Criminal Justice; Budget; Failed on procedural vote to receive two-thirds required to be withdrawn from committee (23-16), died in committee
HB 277 - Favorable by Health & Human Services Access Subcommittee (10-5); Favorable with CS by Health & Human Services Committee (12-6); House passed (78-33); Senate received, died in committee
Prenatal Non-Discrimination SB 1702
Siplin

HB 1327
Plakon
"Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination and Equal Opportunity for Life Act"; requires a person performing a termination of pregnancy to first sign an affidavit stating that he or she is not performing the termination of pregnancy because of the child's sex or race and has no knowledge that the pregnancy is being terminated because of the child's sex or race. Support SB 1702 - Referred to Health Regulation; Judiciary; Budget; Died in committee
HB 1327 - Favorable by Health & Human Services Access Subcommittee (9-5); Favorable by Civil Justice Subcommittee (7-5); now in Health & Human Services Committee; Died in committee
Postfertilization Age of Unborn Child CS/HB 839
Davis
Requires physician performing or inducing abortion to first make determination of probable postfertilization age of unborn child; prohibits abortion if probable postfertilization age of unborn child is 20 or more weeks; provides exceptions.

Provisions of the bill were amended to HB 277.
Support HB 839 - Favorable by Health & Human Services Access Subcommittee (9-5); Favorable with CS by Civil Justice Subcommittee (8-5); now in Health & Human Services Committee; Died in committee
Offenses Against Unborn Children
Florida Unborn Victims of Violence Act SB 234
Fasano

CS/HB 137
Ahern
Amends provisions relating to vehicular homicide; defines the term "unborn child" for specified purposes; revises terminology to refer to "unborn child" rather than "viable fetus"; provides that certain offenses relating to the killing of an unborn child by injury to the mother do not require specified knowledge or intent or death of the mother. Support SB 234 - Temporarily postponed by Criminal Justice; also referred to Transportation; Budget; Died in committee
HB 137 - Favorable with CS by Criminal Justice Subcommittee (9-5); also referred to Judiciary; Died in committee
Death Penalty
Sentencing In Capital Felonies SB 772
Altman

HB 29
Julien
Requires that an advisory sentence of death be made by a unanimous recommendation of the jury after a defendant's conviction or adjudication of guilt for a capital felony or capital drug trafficking felony; requiring that the court enter a sentence notwithstanding the unanimous recommendation of the jury Support SB 772 - Referred to Criminal Justice; Judiciary; Budget; Died in committee
HB 29 - Referred to Criminal Justice Subcommittee; Judiciary; Died in committee
Other
Pregnancy Resource Centers SB 1326
Fasano
Commending the compassionate work of the volunteers and staff at Florida's pregnancy resource centers and recognizing January 2012 as "Pregnancy Resource Center Month" in Florida. Support SB 1326 - Adopted by Senate
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SOCIAL CONCERNS

Issue Bill(s) and Sponsor(s) Summary Position Status
Criminal Justice
Sentencing of Juvenile Offenders CS/SB 92
Joyner

HB 635
Stafford
Provides a juvenile offender who was 17 years of age or younger at the time of a nonhomicide offense and who is sentenced to 10 or more years may petition the sentencing court for a reduction or suspension of sentence at age 25 if he/she meets certain eligibility criteria. Support SB 92 - Favorable with CS by Criminal Justice (4-0); Temporarily Postponed by Budget Subcommittee on Criminal and Civil Justice Appropriations; also referred to Budget; Died in committee
HB 635 - Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary; Died in committee
Sentencing of Juvenile Offenders CS/SB 212
Oelrich

CS/HB 5
Weinstein
Provides that juvenile offender who was less than 18 years of age at time of commission of nonhomicide offense and who is sentenced to life imprisonment is eligible to apply for a re-sentencing hearing if offender has been incarcerated for 25 years; provides criteria to determine whether offender has demonstrated maturity and reform; if denied relief, offender may re-apply to court after 7 years.

A traveling amendment with CS/SB 212 allows qualified offenders incarcerated for 15 years to apply for re-sentencing hearing.
Support SB 212 - Favorable with CS by Criminal Justice (5-0); Favorable with 1 Amendment by Children, Families, and Elder Affairs (6-0); Withdrawn from Budget Subcommittee on Criminal and Civil Justice Appropriations; Budget; Died on Senate calendar
HB 5 - Favorable with CS by Criminal Justice Subcommittee (6-5); Favorable by Judiciary Committee (15-2); House passed (104-12); Senate received, died in committee
Inmate Reentry CS/CS/SB 448 Bogdanoff

CS/CS/CS/
HB 177
Porth
Directs Department of Corrections to develop and administer a reentry program for nonviolent offenders which is intended to divert nonviolent offenders from long periods of incarceration; directs the department to obtain approval from the sentencing court; requires the sentencing court to approve or disapprove the request within a specified period; directs the department to develop a system for tracking recidivism. Support SB 448 - Favorable with CS by Criminal Justice (4-0); Favorable with CS by Budget Subcommittee on Criminal and Civil Justice Appropriations (7-0); Withdrawn from Budget; Senate Laid on Table, Refer to HB 177
HB 177 - Favorable with CS by Criminal Justice Subcommittee (12-3); Favorable with CS by Rulemaking & Regulation Subcommittee (14-1); Favorable by Justice Appropriations Subcommittee (13-1); Favorable with CS by Judiciary Committee (15-3); House amended and passed (112-4); Senate passed (40-0); Vetoed by Governor
Restraint of Incarcerated Pregnant Women SB 524
Joyner

CS/CS/HB 367
Reed
Cites act as "Healthy Pregnancies for Incarcerated Women Act"; prohibits use of restraints on prisoner known to be pregnant during labor, delivery, and postpartum recovery unless corrections official makes determination that prisoner presents extraordinary circumstance requiring restraints; requires written findings as to extraordinary circumstance. Support SB 524 - Favorable by Criminal Justice (6-0); Senate passed (40-0); House amended and passed (114-1); Senate passed (40-0); Signed by Governor
HB 367 - Favorable with CS by Criminal Justice Subcommittee (13-0); Favorable by Rulemaking & Regulation Subcommittee (15-0); Favorable by Justice Appropriations Subcommittee (14-0); Favorable with CS by Judiciary Committee (14-0); House Laid on Table, Refer to SB 524
Human Trafficking
Office of Statewide Prosecution CS/SB 1880
Flores

HB 7049
Snyder
Providing additional jurisdiction for the Office of Statewide Prosecution relating to human trafficking; increasing the criminal penalty for a person who knowingly engages in human trafficking from second degree felony to first degree felony; increasing the criminal penalty for human smuggling from first degree misdemeanor to third degree felony; providing additional authorization for the interception of wire, oral, or electronic communications. Support SB 1880 - Favorable with CS by Criminal Justice (6-0); Favorable by Budget (19-0); Senate Laid on Table, Refer to HB 7049
HB 7049 - Favorable by Appropriations Committee (19-0); House passed (111-0); Senate passed (38-0); Signed by Governor
Massage Establishments SB 80
Joyner
Requires operators of massage establishments to maintain valid work authorization documents on the premises for each employee who is not a United States citizen; prohibits the use of a massage establishment license for the purpose of lewdness, assignation, or prostitution.

Language of this bill was amended to HB 7049 (Snyder).
Support SB 80 - Favorable by Health Regulation (5-0); Favorable by Criminal Justice (6-0); Favorable by Budget Subcommittee on Criminal and Civil Justice Appropriations (6-0); Favorable by Budget (21-0); Senate passed (39-0); Died in House messages
Sexual Exploitation CS/CS/CS/
SB 202
Flores

CS/CS/HB 99
Fresen
"Florida Safe Harbor Act"; authorizes delivery of children alleged to be dependent and sexually exploited to short-term safe houses; provides for a presumption that placement of a child alleged to have been sexually exploited in a short-term safe house is necessary; requires assessment of certain children for placement in a safe house; provides requirements for safe houses receiving such children; requires circuits of the Department of Children and Family Services to address child welfare service needs of sexually exploited children as a component of their master plans Support SB 202 - Favorable with CS by Children, Families, and Elder Affairs (6-0); Favorable with CS by Budget Subcommittee on Criminal and Civil Justice Appropriations (7-0); Favorable with CS by Budget (20-0); Senate Laid on Table, Refer to HB 99
HB 99 - Favorable with CS by Health & Human Services Access Subcommittee (15-0); Favorable by Civil Justice Subcommittee (14-0); Favorable with CS by Health and Human Services Committee (17-0); House amended and passed (116-0); Senate passed (39-0); Signed by Governor
Homelessness
Voluntary Contribution/
Prevention
SB 1130
Storms

CS/HB 531
Reed
Requiring the motor vehicle registration form and driver license application form to include an option to make a voluntary contribution to aid the homeless; establishing a homelessness prevention grant program; requiring lead agencies for local homeless assistance continuums of care to track, monitor, and report on assisted families for a specified period of time; limiting the percentage of funding that lead agencies may spend on administrative costs. Support SB 1130 - Favorable with 1 amendment by Children, Families, and Elder Affairs (6-0); Favorable with 1 amendment by Transportation (10-0); also referred to Budget Subcommittee on Health and Human Services Appropriations; Budget; Died in committee
HB 531 - Favorable with CS by Health & Human Services Access Subcommittee (14-0); Favorable by Health & Human Services Committee (16-0); House amended and passed (119-0); Senate received, died in committee
Homeless Youth CS/SB 1662
Latvala

CS/HB 1351
Glorioso
Provides that a minor who is certified homeless may obtain a certified copy of his or her birth certificate and other identification documents and shall have specified rights as long as they retain that status. Support SB 1662 - Favorable by Children, Families, and Elder Affairs (6-0); Favorable with CS by Judiciary (5-0); Laid on Table, Refer to HB 1351
HB 1351 - Favorable by Health & Human Services Access Subcommittee (15-0); Favorable with CS by Civil Justice Subcommittee (15-0); Favorable by Health & Human Services Committee (16-0); House passed (117-0); Senate passed (39-0); Signed by Governor
Children
Prescription Drug Abuse and Newborns CS/CS/SB 402
Negron

CS/CS/HB 227
Stargel
Creating the Statewide Task Force on Prescription Drug Abuse and Newborns; requiring that the Department of Legal Affairs provide the task force with necessary staff. Support SB 402 - Favorable with CS by Health Regulation (6-0); Favorable by Budget Subcommittee on Criminal & Civil Justice Appropriations (7-0); Favorable with CS by Budget (19-1); Senate Laid on Table, Refer to HB 227
HB 227 - Favorable with CS by Health & Human Services Quality Subcommittee (11-0); Favorable with CS by Justice Appropriations Subcommittee (12-0); Favorable by Health & Human Services Committee (13-0); House passed (117-0); Senate passed (39-0); Signed by Governor
Child Pornography SB 1618
Storms

HB 1385
Trujillo
Revises the definition of the term "child pornography" to include visual depictions in which it appears that a minor is engaging in sexual conduct; providing that proof of the identity of a minor is not required; defining the term "minor"; defining the terms "child pornography" and "minor"; including possession of child pornography within specified offenses; providing penalties. Support SB 1618 - Referred to Criminal Justice; Judiciary; Budget; Died in committee
HB 1385 - Favorable by Criminal Justice Subcommittee (15-0); Favorable by Justice Appropriations Subcommittee (14-0); also referred to Judiciary; Died in committee
Individuals with Disabilities
Service Animals CS/CS/SB 1382
Bennett

CS/CS/HB 1077
Kriseman
Revises designation and duties of service animal; provides individuals with a disability who are accompanied by a service animal certain rights with regard to public or housing accommodations; provides penalty. Support SB 1382 - Favorable with CS by Children, Families, and Elder Affairs (5-0); Favorable with CS by Budget (21-0); Senate amended and passed (39-0); Died in House messages
HB 1077- Favorable with CS by Health & Human Services Access Subcommittee (15-0); Favorable with CS by Civil Justice Subcommittee (13-0); Favorable by Health & Human Services Committee (16-0); Died on House Calendar
Immigration
Postsecondary Student Fees SB 106
Siplin

HB 81
Bullard, D.
Provides an exemption from payment of nonresident tuition at a state university or a Florida College System institution for an undocumented student who meets specified requirements; requiring that the Board of Governors of the State University System adopt regulations and the State Board of Education adopt rules. Support SB 106 - Unfavorable by Judiciary (3-4); Died in committee
HB 81 - Now in K-20 Innovation Subcommittee; also referred to Rulemaking & Regulation Subcommittee; Higher Education Appropriations Subcommittee; Education; Died in committee
Verification of Employment Eligibility SB 1638
Altman

HB 1315
Harrell
Requires every employer to use the Employment Authorization Program to verify the employment eligibility of each new employee on or after a specified date; provides that a business that does not use the E-Verify system shall lose its license to do business in this state until the business has registered with the E-Verify system; requires every public employer to register with and participate in the E-Verify system for specified purposes. Monitor SB 1638 - Referred to Judiciary; Budget; Died in committee
HB 1315 - Referred to Government Operations Subcommittee; Business & Consumer Affairs Subcommittee; Government Operations Appropriations Subcommittee; State Affairs; Died in committee
Other
Destination Casino Resorts CS/SB 710
Bogdanoff

HB 487
Fresen
Provides for applications for a destination resort license; specifies conditions for the conduct of limited gaming by a resort licensee; establishes the Department of Gaming Control Oppose SB 710 - Favorable with CS by Regulated Industries (7-3); also referred to Budget; Rules; Died in committee
HB 487 - Temporarily postponed by Business & Consumer Affairs Subcommittee; also referred to Finance & Tax Committee; Economic Affairs Committee; Died in committee
Wage Protection for Employees SB 862
Simmons

CS/HB 609
Goodson
Prohibits county, municipality, or political subdivision from adopting or maintaining in effect law, ordinance, or rule that creates requirements, regulations, or processes for purpose of addressing wage theft; preempts such activities to state; defines term "wage theft." Oppose SB 862 - Favorable by Community Affairs (8-0); Temporarily Postponed by Judiciary; also referred to Governmental Oversight and Accountability; Died in committee
HB 609 - Favorable by Civil Justice Subcommittee (12-2); Favorable by Community & Military Affairs Subcommittee (11-4); Favorable with CS by Judiciary Committee (12-6); House passed (77-38); Senate received, died in committee
Protection of Vulnerable Persons CS/CS/SB 1816
Benacquisto

CS/CS/CS/
HB 1355
Dorworth
Revises language concerning child abuse reporting. Monitor SB 1816 - Favorable with CS by Criminal Justice (6-0); Favorable with CS by Budget Subcommittee on Criminal and Civil Justice Appropriations (4-2); Withdrawn from Budget; Senate Amended; Laid on Table, Refer to HB 1355
HB 1355 - Favorable with CS by Judiciary Committee (18-0); Favorable with CS by Health & Human Services Committee (18-0); Favorable with CS by Appropriations Committee (24-0); House passed (114-0); Senate amended and passed (35-4); House passed (117-0); Signed by Governor
Criminal Background Screening CS/CS/SB 320
Storms

CS/CS/CS
HB 943
Holder
Revises exemptions from background screening requirements for certain personnel. Monitor SB 320 - Favorable with CS by Children, Families, and Elder Affairs (6-0); Favorable with CS by Budget Subcommittee on Health and Human Services Appropriations (7-0); Withdrawn from Budget; Senate Laid on Table, Refer to HB 0943
HB 943 - Favorable with CS by Health & Human Services Access Subcommittee (15-0); Favorable with CS by Criminal Justice Subcommittee (14-0); Favorable with CS by Health and Human Services Committee (18-0); House passed (114-0); Senate passed (39-0); Signed by Governor
Application of Foreign Law SB 1360
Hays

HB 1209
Holder
Prohibits courts from considering certain provisions of foreign laws; does not prohibit any religious organization from adjudicating, ecclesiastical matters, including, but not limited to, the election, appointment, calling, discipline, dismissal, removal, or excommunication of a member. Monitor SB 1360 - Favorable by Judiciary (6-0); Favorable by Budget Subcommittee on Criminal and Civil Justice Appropriations (5-2); Withdrawn from Budget; Died on Senate calendar
HB 1209 - Favorable by Civil Justice Subcommittee (13-0); Favorable by Judiciary Committee (14-1); House passed (92-24); Senate received, died in committee
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HEALTH

Issue Bill(s) and Sponsor(s) Summary Position Status
Access to Care
Florida KidCare Program CS/SB 510
Rich

HB 849
Schwartz
Removes the prohibition on children of state employees from participating in the KidCare program if they are otherwise eligible.

Provisions of the measure were included in HB 5301, a budget conforming bill that passed both chambers and was signed by the governor.
Support SB 510 - Favorable with CS by Health Regulation (7-0); Favorable by Budget Subcommittee on Health and Human Services Appropriations (7-0); Senate passed (37-0); Died in House messages
HB 849 - Referred to Health & Human Services Access Subcommittee; Health Care Appropriations Subcommittee; Health & Human Services; Died in committee
Florida KidCare Program CS/SB 1294
Garcia, R.
Allows lower-income, legal immigrant children to participate in the KidCare program. Support SB 1294 - Favorable with CS by Health Regulation (5-0); also referred to Budget Subcommittee on Health and Human Services Appropriations; Budget; Died in committee
Long Term Care
Nursing Homes and Related Health Care Facilities SB 482
Latvala

CS/HB 621
Frishe
Clarifyes the transfer and discharge of facility residents are governed by nursing home law; provides that a licensee must provide certain information relating to financial or ownership interests if requested by the Agency for Health Care Administration; revises provisions relating to respite care in a facility; deletes certain reporting requirements Support SB 482 - Favorable with 1 amendment by Health Regulation (7-0); also referred to Budget Subcommittee on Health and Human Services Appropriations; Budget; Died in committee
HB 621 - Favorable by Health and Human Services Quality Subcommittee (12-3); Favorable by Health Care Appropriations Subcommittee (13-1); Favorable with CS by Health and Human Services Committee (18-0); House passed (116-0); Senate received, died in committee
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EDUCATION

Issue Bill(s) and Sponsor(s) Summary Position Status
Scholarships/School Choice
Florida Tax Credit Scholarship Program CS/SB 962
Benacquisto

CS/CS/CS/
HB 859
Corcoran
Increases the tax credit cap from $175 million to $229 million; provides the Department of Education more authority to deal with schools that repeatedly violate regulations; allows scholarship schools to voluntarily administer the FCAT; eliminates the requirement that students in grades 2-5 have attended public school the prior year. Support SB 962 - Favorable with CS by Education Pre-K-12 (4-2); Favorable by Budget Subcommittee on Finance and Tax (5-0); Withdrawn from Budget; Senate Laid on Table, Refer to HB 859
HB 859 - Favorable with CS by Finance & Tax Committee (17-6); Favorable with CS by PreK-12 Appropriations Subcommittee (10-4); Favorable with CS by Education Committee (13-4); House passed (92-24); Senate passed (32-8); Signed by Governor
Athletics
Youth Athletes CS/CS/SB 256
Flores

CS/HB 291
Renuart
Requires independent sanctioning authority for youth athletic teams and FHSAA to adopt policies relating to nature and risk of concussion and head injury in youth athletes; requires informed consent for participation in practice or competition; requires removal from practice or competition under certain circumstances and written medical clearance to return. Monitor SB 256 - Favorable by Education Pre-K-12 (6-0); Favorable by Health Regulation (6-0); Favorable with CS by Budget Subcommittee on Education Pre-K-12 Appropriations (9-0); Favorable with CS by Budget (21-0); Senate Laid on Table, Refer to HB 291
HB 291 - Favorable by K-20 Innovation Subcommittee (11-1); Favorable with CS by Health and Human Services Access Subcommittee (13-1); Favorable by Education Committee (15-0); House passed (116-0); Senate passed (39-0); Signed by Governor
High School Athletics CS/SB 1704
Wise

CS/CS/CS/
HB 1403
Stargel
Revises regulations and requirements related to recruitment and eligiblity of student athletes Oppose SB 1704 - Favorable with CS by Education Pre-K-12 (4-1); Withdrawn from Budget Subcommittee on Education Pre-K-12 Appropriations; Budget; Senate Amended; Laid on Table, Refer to HB 1403
HB 1403 - Favorable with CS by K-20 Competitiveness Subcommittee (11-4); Favorable with CS by Rules & Calendar Committee (13-4); Favorable with CS by Education Committee (12-6); House amended and passed (78-34); Senate passed (21-18); Signed by Governor
Other
Student Safety CS/CS/SB 494
Negron

HB 273
Kiar
Requires emergency response agencies that are responsible for notifying school districts of emergenciesto to also notify private schools in school district under certain circumstances.

The Senate bill authorizes public and private schools to purchase from a wholesale distributor and maintain in a secure location a supply of epinephrine auto-injectors; requires adoption of a protocol developed by a licensed physician; provides immunity from liability for public and private school employees for any injury arising from use of auto-injector by trained personnel.
Support SB 494 - Favorable with CS by Education Pre-K-12 (6-0); Favorable with CS by Military Affairs, Space, and Domestic Security (5-0); Withdrawn from Budget Subcommittee on Education Pre-K-12 Appropriations; Budget; Died on Senate calendar
HB 273 - Favorable by K-20 Competitiveness Subcommittee (12-0); Favorable by Community & Military Affairs Subcommittee (13-0); Favorable by Education Committee (16-0); House passed (119-0); Senate received, died in committee
Seclusion and Restraint on Students with Disabilities SB 144
Flores

HB 1467
Gonzalez
In public schools, requires manual physical restraint be used only in an emergency when there is an imminent risk of serious injury or death to the student or others; provides restrictions on the use of manual physical restraint; prohibits school personnel from placing a student in seclusion. Monitor SB 144 - Favorable by Education Pre-K-12 (5-0); Temporarily Postponed by Children, Families, and Elder Affairs; also referred to Budget; Died in committee
HB 1467 - Referred to K-20 Innovation Subcommittee; PreK-12 Appropriations Subcommittee; Education; Died in committee
Catholic Schools Week SB 932
Altman

HB 9025
Kiar
Resolution recognizing January 29 through February 5, 2012 as "Catholic Schools Week" in the State of Florida. Support SB 932 - Adopted by Senate
HB 9025 - Adopted by House
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ADVOCACY AREAS

ACTIVITY

  • Recent and scheduled activity - red
  • Passage in senate or house - green
  • Failure in senate or house - blue
  • Action taken by governor - purple

RESOURCES

CONTACTS

  • For questions regarding bills on this report or other proposed legislation, please contact:

D. Michael McCarron
Executive Director
(850) 205-6819
mccarron@flacathconf.org

Michael B. Sheedy
Associate Director for Health
(850) 205-6824
msheedy@flacathconf.org

Sheila S. Hopkins
Associate Director for Social Concerns/
Respect Life
(850) 205-6826
shopkins@flacathconf.org

James B. Herzog
Associate Director for Education
(850) 205-6823
jherzog@flacathconf.org

Michele M. Taylor
Associate Director for Communications
(850) 205-6817
mtaylor@flacathconf.org