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From the staff of the Tampa Bay Times

Sen. Hays tries again for mandatory school recess, but he could face procedural hurdles



Sen. Alan Hays said last week he wasn't giving up on his legislative plan to require Florida public elementary schools to provide 20 minutes of recess a day.

And he's not.

But before the passionate coalition of self-proclaimed "recess moms" across Florida get too excited: It's likely that the Umatilla Republican's latest efforts could be unsuccessful once again.

Hays filed amendments today to two education bills that the Senate could take up as early as Friday.

SB 1166 is one of two wide-ranging education measures sponsored by Sen. Don Gaetz, R-Niceville. Hays last week tried to add his recess plan to it when Gaetz's bill was before the Senate Appropriations Committee; he ultimately withdrew that amendment after talking with Senate leaders that day.

He plans to make another go at it on Friday, though -- using slightly different language -- when SB 1166 comes up on the Senate's "special order" calendar.

Seemingly as a safeguard, Hays also filed the amendment to HB 7029, a broad and somewhat related education bill that passed the House last month. It's in the Senate's hands now and shares many of the same policies as SB 1166.

(If a Senate bill is significantly similar to a bill the House already passed, the Senate can opt to substitute its pending bill for the House's. That could be what Hays is anticipating for these bills.)

But herein lie the hurdles for Hays:

Senate rules prohibit members from considering amendments on the floor that are the substance of standalone bills stuck in committee. For instance, that rule was invoked earlier today to thwart Gaetz's attempt to tack his controversial open-carry proposal on to a different bill.

It's likely other senators could call such a point of order on Hays' recess amendments on Friday.

Rules Chairman Sen. David Simmons, R-Altamonte Springs, said this evening that he hadn't seen Hays' amendments yet, but if there's a conflict, "we'll certainly address that."

If there's no problem there, the other obstacle Hays faces is that Gaetz filed "delete-all" amendments to both SB 1166 (to add some additional provisions) and HB 7029 (to make it identical to SB 1166).

Such strike-all amendments, if approved, negate other proposed amendments that lawmakers may have sought on the original bill. Hays would need to seek to amend Gaetz's amendment -- welcome to legislative procedure -- in order for it to be considered. (As of 7 p.m. today, he hadn't done that.)

The House resoundingly supports mandatory recess, but it's been an uphill battle in the Senate.

The House passed the measure last month, 112-2 -- with only Republican Reps. Richard Corcoran, of Land O’Lakes, and Michael Bileca, of Miami, opposed.

But Hays' bill stalled in the Senate because Sen. John Legg, R-Trinity, refused to take it up in the education policy committee.

Legg calls it "a local issue," but passionate "recess moms" are imploring lawmakers to take act. They want a uniform requirement statewide, rather than individual school districts or principals deciding their own policies.

Parents in Miami-Dade County recently launched an online petition urging the school district to "restore recess in our schools." As of this afternoon, it had more than 5,200 signatures.

Much like Gaetz's other big education bill (SB 524), SB 1166 had several amendments filed to it as of this evening besides Gaetz's and Hays' proposed changes.

SB 524 was supposed to be heard Wednesday but has been postponed for the past two days because there's been no time for senators to consider the more than 50 amendments that have been filed to it and its House companion.

Gaetz said this evening that he hopes the Senate will have time to consider at least one of those two large education bills on Friday.

[Last modified: Thursday, March 3, 2016 9:09pm]


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