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Citing rules issue, Florida Senate declines to take up last-ditch attempt for school recess


Sorry, recess moms.

For the third time this session, Florida senators have declined to consider a parent-driven proposal to require elementary school recess statewide.

Although the measure passed the House last month by a near-unanimous vote, the bill by Sen. Alan Hays never got a hearing in a Senate committee because education policy committee Chairman Sen. John Legg refused to take it up.

When Hays tried to amend his proposal on to a bill last week in committee, the Umatilla Republican was convinced by his party leaders to withdraw the proposal.

And then again today, his last-ditch attempt was thwarted by the full Senate.

Hays attempted again to amend his proposal on to a wide-ranging education bill (HB 7029) by Sen. Don Gaetz, R-Niceville -- this time, using slightly different language. Hays' original bill called for 20 minutes of recess a day, but he tweaked it in the amendment to propose 15 minutes of recess in both the morning and the afternoon.

As Hays' amendment was called up on the floor, Legg immediately called a point of order. (The Trinity Republican has called the recess proposal "a local issue" that doesn't merit a statewide mandate.)

Senate rules prohibit members from considering amendments on the floor that are the substance of a bill stuck in committee, unless two-thirds of the chamber agrees for it to be heard.

When Legg said Hays' amendment was out of order, Hays responded: "Yes, sir. That's why I move we waive the rules!"

Rules Chairman David Simmons, R-Altamonte Springs, agreed with Legg, but because of Hays' request, the decision was left to the full Senate.

The procedural move forced a quorum call to get all available senators back in the chamber.

On a voice vote, Sen. Garrett Richter, R-Naples -- the president pro tempore, who was presiding at the time -- ruled the vote had failed, but some senators wanted a roll call so senators' individual votes could be recorded.

The final tally wasn't even close.

It failed 14-24.

See how each member voted here.