Senator Fasano Files Amicus Brief on Behalf of Progress Energy Customers

By Greg Giordano
Senator Mike Fasano and a few other like-minded legislators have filed an amicus brief on behalf of Progress Energy customers. The amicus brief (friend of the court) was prompted, in part, by a recent announcement by the utility that it is seeking permission from the

Florida Public Service Commission to double its advance nuclear cost recovery fee.

In its statement Progress Energy detailed its collection of advance nuclear cost recovery dollars as well as its long-term plans regarding the future construction of the Levy County nuclear power plant. Progress Energy has asked for an overall advance nuclear cost recovery increase to $5.09 per 1,000 kilowatt-hour up from its current $2.86 per 1,000 kilowatt hour for the construction of a yet-to-be-built nuclear plant in Levy County and the repair of the long-broken Crystal River power plant.

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In Recognition of Older Americans Month

By Jim Crochet
State Long-Term Care Ombudsman

May is a time to honor elders in our communities as we recognize Older Americans Month. The Ombudsman Program is committed to serving Florida’s seniors. I am honored to share with you some accomplishments which took place under my leadership.

On May 2, 2011 I began as the State Long-Term Care Ombudsman. In the span of one year, this program underwent a major paradigm shift from a regulatory focus toward a collaborative resident-centered advocacy focus. Last May we had 242 volunteers. Currently, we have over 300. Following the creation of a recruitment manager position and the development of partnerships with several Florida universities for undergraduate and graduate students to participate as ombudsmen as part of their internships, I expect our volunteer numbers to continue to increase.

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State Ombudsman Recognizes Volunteers During National Volunteer Week

By Jim Crochet, State Ombudsman

To celebrate National Volunteer Week, I want to recognize the group of nearly 300 volunteer ombudsmen who give so much of their time and energy advocating for over 160,000 Floridians living in nursing homes, assisted living facilities and adult family-care homes.

Residents in long-term care facilities represent our friends and family members who often need an extra voice to ensure that their right to age with dignity, choice and autonomy is respected.

Volunteer ombudsmen of the Long-Term Care Ombudsman Program seek to protect the health, safety, welfare and rights of Florida’s most vulnerable population. During this week when we celebrate the work of all volunteers, the Ombudsman Program would like to specifically honor the accomplishments of our committed volunteers.

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For Chronic Pain Sufferers, Relief is Simpler Than You Think by Dr. George Arcos, D.O.

Guest Commentary by
Dr. George Arcos, D.O.
Pain Institution of North Florida
georgea@pinf.us

For Chronic Pain Sufferers, Relief is Simpler Than You Think

Spring is in full swing and Floridians are spending more time outdoors, but many times the increase in outdoor activity causes painful allergy symptoms and various aches and pains.

For many of our neighbors, pain isn’t something that comes and goes with the seasons. It’s a daily fact of life, one that makes each day a difficult ordeal to be endured, rather than enjoyed. The thing is, there are now enough options available that it doesn’t have to stay this way.

I started out in medicine as an anesthesiologist. From a role making sure patients didn’t feel any pain, I quickly became interested in why they felt pain. I soon moved into osteopathic medicine, where I could focus on preventive health care and a “whole person” approach to medicine. Osteopathic physicians are trained to address not just the specific source of a patient’s pain – a sinus infection, for example, or a broken bone – but also to recognize the ways that an illness or injury in one part of your body can affect and cause pain in another.

Chronic pain is our nation’s third most prevalent health problem, costing our society $75 billion a year in medical treatment and lost wages alone. Clearly, we all have a stake in this enormous problem.

In the past, chronic pain was the most under-treated health problem in our nation. This is because pain has always been regarded as a symptom of a disease or ailment rather than understood as a unique condition itself. Today it is widely accepted that chronic pain isn’t just discomfort that has lasted a long time, but instead is part of a more complex syndrome that can also lead to anxiety, depression, sleep disruption, low self-esteem and anger.

Medicine is changing so quickly these days that it can be hard for most people to keep up. For example, a herniated disc in your back used to mean invasive surgery and weeks or even months of recovery and therapy. But for some patients it can now mean an outpatient procedure and nothing more than a small bandage on their back. Other seemingly miraculous medical advances are happening all the time, so it’s no wonder most people are unfamiliar with options that don’t necessarily mean invasive surgery.

The good news in all of this is that patients have many different options to relive chronic pain, and doctors will often combine therapies to treat chronic pain. The goals of treatment are to improve function and reduce chronic pain. For some patients, exercise is recommended to control pain; however, exercise may cause some patients to initially feel more pain. So medication can be used to treat chronic pain, as well as such non-traditional approaches as acupuncture and injection therapy such as cortisone injections or electrical field therapies.

For some people who experience chronic pain, the regular family doctor may find the best solution. For others, it may be an osteopathic physician whose whole-body approach brings relief. The important thing to remember this spring and year-round, is that chronic pain is something you don’t have to suffer through in silence. There are plenty of options out there, and you should keep looking until you find the right one for you.

Dr. George J. Arcos, D.O., F.A.O.C.A., is a board certified osteopathic physician and founder of the Pain Institute of North Florida. The Institute offers a range of services to treat chronic pain and provide wellness to patients through a holistic approach. Learn more about the Pain Institute of North Florida at www.paininstituteofnorthflorida.com.

2012 Session in Review: Personal Injury Protection Reform

By Greg Giordano

The Florida Legislature did not pass as many bills this year as it has in the past, which may not necessarily be a bad thing. However, one of the issues that it did send to the governor was a rewrite of a law that impacts everyone who drives a car: Personal Injury Protection. This portion of a driver’s automobile insurance policy, commonly known as PIP, falls under Florida’s Vehicle No-Fault Law. Under current law it provides $10,000 in medical benefits for those injured in a car accident. Legislation that is now heading to the governor’s desk changes many aspects in which those benefits can be used.

PIP reform tends to be a controversial subject to tackle. In 2001 PIP was reformed in response to a grand jury report that stated that fraud was extensive. PIP was reformed again in 2003 with strengthened penalties for PIP fraud and increased regulation of clinics that provide medical care for PIP recipients. Included in that year’s reform package was a provision setting the expiration of the No-Fault Law on October 1, 2006. In 2006 the Florida Legislature passed a bill during its regular spring session to extend the No-Fault Law but it was vetoed by the governor. After No-Fault expired the Legislature met in special session in 2007 and reenacted No-Fault as of January 1, 2008.

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USF Polytechnic students reject separation plan

By Damon Dennis

In the fiasco surrounding the fate of University of South Florida Polytechnic, the students of this campus have neither been heard nor consulted on the issue. The fact that the students have been consistently ignored by all but a few legislators and administrators demonstrates that the move toward separation is not about the public interest.

Senator J.D. Alexander claims that among his reasons for pushing for an immediate separation of USF Polytechnic from USF is because of the current leadership here at Polytechnic. However, if there was one person that all of the students could agree had their best interests in mind it would be Regional Chancellor David Touchton. The students are proud to have him standing up for USF Polytechnic and are glad that Marshall Goodman was removed late last year.
While attending the Senate meeting on February 23 rd the students around me were visibly shaking with anger as Senator Alexander and Senator Evelyn Lynn showed absolutely zero respect for the students and people of the USF Polytechnic community. The busloads of students that attended the Senate Budget Committee meeting and the Senate vote on SB 1994 were not there simply over budget cuts. We were primarily there to defend USF Polytechnic against a cynical ploy by individually powerful politicians to implement their agenda at any cost.

During the hearing, Senator Jim Norman stated that USF President Judy Genshaft was cooperative. He further explained this by telling us that President Genshaft asked him to vote for a “compromise” bill reducing budget cuts in return for ceasing resistance to the separation plan. This unexpected statement left students feeling betrayed. We have yet to hear a straight answer explaining why President Genshaft supports this legislation. Senator Norman has been regarded as a hero of sorts for USF, but at USF Polytechnic his name leaves a bitter taste.

It should be clear to everyone by now that those excessive cuts were created only to pressure USF into doing what Senator Alexander demanded. Senator Alexander often compares this to a divorce. In a sense he is right, he gets the house and USF gets some of the money back. Sadly though, custody won’t be decided until after the bill is signed into law. More accurately, this is a hostage situation with USF’s budget as the hostage.

The question still remains as to why students were never brought into the discussion. Senators Alexander and Lynn have not even bothered to stop by our campus to explain to students how any of this is justified or in everyone’s best interests. The only thing that the students, staff, and faculty know about this is that it has the potential to turn our lives upside down.

We are told that it is possible for students to finish out their degrees here in Lakeland, but in a different location. However, no such location has been allocated or accounted for. It seems that if there is any displacement from this legislation then the students, staff, and faculty will become educational refugees with minimal thought for their wellbeing.

If the Legislature passes the separation plan, we hope Governor Scott vetoes it as soon as it hits his desk. Not only will it further burden the State University System financially, but signing this into law undermines the authority given to the Board of Governors by the Florida Constitution. A dangerous precedent like this could lead the state down a slippery slope that allows more legislation to cater to the individual whims and desires of Florida’s politicians.

Students are distraught over the fact that they are being rudely disregarded and forced to be collateral damage in this game of personal agendas. However, this will not stop us from doing everything we can to save our school, education, and future.

Damon Dennis is the president of Student Government at USF Polytechnic

Barring the Killer Receiving Benefits Doctrine Gets Even Harsher

By Greg Giordano

Legislation is currently working its way through the Florida Legislature that will limit what perpetrators of heinous crimes can receive from their victims. The legislation filed by Senator Mike Fasano and Representative Richard Steinberg is modeled after a bill that passed in New Jersey in 2009. The bill seeks to plug holes in Florida’s existing “barring the killer receiving benefits” doctrine in current state law. The bill does so by expanding the doctrine in many ways.

“Florida should not allow criminals to benefit from those they have harmed,” Senator Fasano states. “This legislation ensures that criminals cannot take advantage of our legal system to benefit themselves after a crime has been committed.” … Continue Reading

Give Seniors Vital Weapons in the Fight to Survive Pneumonia

By Bentley Lipscomb

Vaccinations are truly one of the health care industry’s greatest success stories. Immunizations are credited with preventing an estimated 14 million cases of disease and avoiding 33,000 deaths a year.

Access to vaccines, especially for at-risk populations, should be embraced as a national imperative. That’s why Florida’s senior population should pay close attention to two impending policy decisions that will decide if access to life-saving vaccinations is expanded or blocked.

Both decisions – one at the state level, one at the federal level – will impact access to vaccines that combat pneumonia.   Here in Florida, about three million cases of pneumonia are reported each year, with fully a third afflicting people over age 65. Yet, shockingly, Florida ranks near the very bottom when it comes to vaccinating seniors against pneumonia, with nearly 38% of those 65 and older remaining unvaccinated.

Florida can significantly improve that picture if the Florida Legislature adopts HB 509/SB 850, allowing pharmacists to administer vaccines for pneumonia and shingles.  Currently, pharmacists in 45 states are permitted to administer the pneumonia vaccine, but, in Florida, the only vaccine pharmacists can offer is the influenza vaccine.

In the five years since qualified Florida pharmacists have been authorized to administer influenza immunizations, the program has been an unqualified success. Influenza immunization rates are up, hospitalizations for flu are down and not a single adverse incident has been reported.

The availability of the pneumonia vaccine at pharmacies, which are located on nearly every major street corner, is a boon to access, since the average Floridian visits a pharmacy at least once a month. Given that vaccinations in pharmacies are available on demand and don’t require a scheduled appointment, Florida’s pneumonia vaccination rate is sure to rise if this legislation passes.

While the prospects for that legislation look promising, another pending policy decision that could turn the tide on pneumonia deaths among seniors appears to be in peril.

On Dec. 30, the U.S. Food and Drug Administration approved an important new cutting-edge biologic vaccine to prevent pneumonia, Prevnar 13, for people ages 50 and over under the agency’s accelerated approval pathway. This process allows earlier approval of treatments for serious and life-threatening illnesses.

The last step on the road to access is a recommendation from the Centers for Disease Control’s Advisory Committee on Immunization Practices (ACIP), which is normally a quick process.

Unfortunately, it seems it won’t be a quick or routine process in this case. While ACIP was originally slated to vote on a recommendation at its next meeting on Feb. 23 now it is scheduled only to discuss the issue. This creates a certain delay, since ACIP only meets three times a year. The rationale for the delay is unclear.

As Forbes recently reported, “Safety isn’t an issue; the clinical trials included 6,000 people ages 50 or older and the vaccine was found to be safe. Nor is efficacy an issue. The FDA declared:  ‘The studies showed that for the 12 common serotypes, Prevnar 13 induced antibody levels that were either comparable to or higher than the levels induced by Pneumovax 23 [an existing vaccine for this age group].’”

Without a recommendation from ACIP, the vaccine will not be available to a large number of Americans, since ACIP approval usually means that Medicare and Medicaid will pay for the vaccine, and private health insurance will follow suit.

Given that an estimated 300,000 adults 50 and over will be hospitalized with pneumonia this year, this delay is sure to be deadly.

Our lawmakers and policymakers need to embrace and expedite both of these policy positions, giving our seniors access to life-saving weapons in the fight against pneumonia.

Bentley Lipscomb is the former Secretary of the Florida Department of Elder Affairs and former state director of AARP Florida.

Rush Limbaugh is Wrong

By Florida State Representative Scott Plakon

As a longtime fan and admirer of Rush Limbaugh, I was disappointed to hear his comments regarding the work of the Congressional Redistricting Subcommittee on which I am honored to serve. His suggestions that we “rigged” the maps to force Allen West out of Congress are simply ludicrous. I was there…it didn’t happen…I know. It is especially surprising to see Mr. Limbaugh join with the chorus of left wing groups that are attacking our work.

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Specialized Care for Alzheimer’s Disease and Dementia-Related Disorders Bill Advances

By Greg Giordano

Senator Mike Fasano’s SB 694,which establishes standards of care for adult day care centers, passed the Senate Health Regulation Committee on January 25th. This is the second of three committee stops in the Senate. It has one more committee hearing remaining before it will be ready for a floor hearing. The House companion, sponsored by Representative Richard Corcoran, is moving forward in that chamber as well.

The legislation is a “truth in advertising” bill that will mandate any facility that markets itself as a daycare facility that offers specialized care to persons with Alzheimer’s disease and dementia-related disorders meets certain standards of staffing, staff training and other criteria for patient care. It does not mandate all daycare centers to seek this accreditation if they do not put themselves out as providers for this unique population.

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Senator Mike Fasano Files Legislation to Prohibit Cozy Employment and Investment Relationships with the State Board of Administration

By Greg Giordano

State Senator Mike Fasano has filed two bills that will prohibit cozy employment and investment relationships between the State Board of Administration and investment firms that do business with the State of Florida.  The State Board of Administration (SBA) is Florida’s agency which oversees investment of public dollars.  In recent months Senator Fasano has been working to secure information regarding a $125 million dollar investment made by the SBA with an investment firm whose CEO  had a prior business relationship with the director of the SBA.

“Red flags began to go up when roadblocks were thrown in front of my efforts to secure information that would help determine whether or not the SBA did its due diligence before investing $125 million dollars with a particular investment fund,” Senator Fasano states.

Senator Fasano was given an invoice of over $10,000 when he asked for copies of documents that detailed the investment between the State Board of Administration and Ramius/ Starboard, an investment fund.  Additionally, Senator Fasano was told that it could take several months to comply with his request.  Senator Fasano appealed to the Trustees of the State Board of Administration for intervention in this matter.  Florida’s Chief Financial Officer Jeff Atwater responded by directing Ash Williams, the executive director of the State Board of Administration, to release the requested documentation.  Over the past several weeks the information has been coming out in bits and pieces.

“The longer I looked into this matter the more concerned I became that the system we have in place could potentially allow for improper relationships to develop between Florida’s investment and trust agency and the organizations it does business with,” Senator Fasano remarks.

Senate Bill 1212 prohibits any employee of the State Board of Administration who is in a position to make investment-related decisions from being employed by any investment firm in a similar position for a period of 3 years after leaving the SBA.  Any employee who violates this law is subject to several penalties that are in current law.  Senate Bill 1214 prohibits an investment firm that does business with the SBA from hiring any employee of the SBA who was in a position to make invested-related decisions for a period of 3 years after leaving employment.  An investment firm who violates this law will lose half any profits it may make while in violation.

“The State Board of Administration should be above reproach,” Senator Fasano states.  “This arm of the state government is responsible for billions of dollars in public investments.  Floridians deserve the peace of mind that every investment made by the Board has been done with the needs of their state as a whole in mind.  This legislation will ensure that individuals responsible for investing, and companies that do business with Florida, will not be able to benefit from their respective positions or relationships.”

Senator Fasano’s two bills are available for consideration by the Florida Legislature when it convenes on January 10, 2012.

Florida League of Cities Stands Up for Home Rule

By Mayor Manny Maroño

A few weeks ago, the Orlando Sentinel ran a story about two Republican state legislators who got involved in a local Mayoral race in Altamonte Springs. In the article, one of the lawmakers, State Representative Matt Gaetz, said his opposition to Mayor Bates was in reaction to the “toxic…legislative agenda” of the Florida League of Cities (of which she is President.)

As a Republican Mayor and as the First Vice President of the Florida League of Cities (FLC), I would like an opportunity to set the record straight on behalf of the League.

First and foremost, the Florida League of Cities believes in a concept known as “home rule.” This concept has deep roots in conservative policymaking and it promotes local control of the policy decisions that impact local citizens.

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DCF Secretary Wilkins: Do the Right Thing to Protect Children, Prevent Harm and Save Potential Victims

By Department of Children and Families Secretary David Wilkins

Allegations of tragic sexual abuse of children have recently sparked
discussions and debates at all levels surrounding this destructive and
unfathomable crime. Without question, it is a difficult and uncomfortable
topic, but one that deserves our focused attention so we can all prevent
future harm and save potential victims.

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Senator Mike Fasano Aims to End NFL Blackouts!

By Greg Giordano

The National Football League has a long held rule that requires home games to be blacked out from broadcast to local markets if the stadium is not sold out 72 hours before the game’s kickoff.  As any diehard Buccaneers fans knows, during the past couple of seasons only away games have been available on television because Raymond James Stadium always seems to have unsold tickets on game day

State Senator Mike Fasano has filed Senate Bill 836 which should rectify this situation.  The bill is being sponsored in the Florida House of Representatives by Representative James Grant of Tampa.  The bill actually applies to all professional sports franchises in Florida that accept public dollars, but the NFL is the only league that has the blackout policy.  Originally enacted to supposedly boost the sale of tickets, the rule has in fact harmed both the team and the fans, especially during tough economic times.  When the cost of a pair of tickets to a Sunday game is out of reach for most Floridians, the blackout does nothing but alienate fans even more.  Senator Fasano’s legislation will fine a team if any game is blacked out during the season.

“Each professional sports team in Florida receives public funding,” Senator Fasano remarks.  “This legislation states that if a team accepts those dollars then they have the responsibility to make certain their home games are sold out before the 72-hour rule kicks in.  If not, then they will be fined $125,000 for each blacked out game.  The funds collected through these fines will be used to purchase game tickets for underprivileged children, military personnel, foster children and others.”

Senator Fasano hopes that the goodwill the team will earn by buying up unsold tickets and giving them away to the community will far outweigh the cost of a fine and the continued bitterness blackouts cause among its fan base.

“This legislation should be seen as an opportunity for teams to make sure their games are sold out, either by aggressively marketing the tickets, or by purchasing them  and giving them out to the community at large,” Senator Fasano comments.  “I believe that the faith fans once had in the Buccaneers, or any other team that blacks out its games, will be restored if a team is proactive.  If it takes a fine or two to get the teams to see the value of buying up their own tickets then so be it.  In the long run the fans will win, the teams will win, and so will the economy.  Successful teams sell more food in the stadium and more sports clothing and memorabilia elsewhere.”

The bill will be considered during the upcoming session of the Florida Legislature, which begins in January 2012.  If passed and signed into law the provisions will apply to the 2012 football season and beyond.

Senator Mike Fasano Announces that the Prescription Drug Database Goes ‘Live” Today

By Greg Giordano

State Senator Mike Fasano Announces that E-FORCSE (Electronic – Florida Online Reporting of Controlled Substances Evaluation), the prescription drug monitoring program, goes “live” today. All physicians in Florida will now have the ability to access the prescription drug history of patients in Florida. The monitoring program came about due to efforts of Senator Fasano and others over the pat ten years. Senator Fasano was the prime sponsor of various pieces of legislation during the past decade that led to the launching of the database. The database will assist physicians in identifying both doctor shoppers as well as patients who may not be using their medications properly.

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The 45 Day Roller Coast Ride for Citizens Policyholders Comes to an End

By Greg Giordano

When Citizens Property Insurance Corporation filed its application for a sinkhole premium increase 45 days ago, a collective shudder went through homeowners covered by Florida’s insurer of last resort.  After several years of adjusting to an annual increase in premiums for combined perils at a relatively affordable 10%, the huge rate hikes being sought where enough to drive people to action.  A small provision in the recently passed Senate Bill 408 opened the door for the rate increase because it lifted the portion of the cap that applied to solely to sinkhole coverage.  With a potential increase in some parts of the state topping 2,000%, the roller coaster pulled out of the station that day for a 45 day journey of ups, downs and rapid turns.

Under the leadership of State Senator Mike Fasano, Sean Shaw of Policyholders of Florida and Jay Neal of Florida Association for Insurance Reform a campaign to defeat the hikes was undertaken.  In the days that followed the filing, the roller-coaster swung through the front lines: sign-waving rallies held in several counties, a host of phone calls and e-mails made and sent to the Office of Insurance Regulation, and a public hearing held by the insurance commissioner which was attended by hundreds of protesting homeowners

On September 19th the roller coaster screeched to a halt as, late that evening, Florida’s insurance commissioner Kevin McCarty served up a stinging rebuke of Citizens’ application.  In his report the head of the Office of Insurance Regulation stated that “the requested sinkhole rate change…is not supported by credible evidence.”  Additionally, several instances were cited in which the provisions of Senate Bill 408 were not taken into consideration at the time the rate filing was made. As a midnight deadline loomed, the Office approved a statewide rate hike of just over 30% statewide, which is a far cry from the 447% originally proposed.

“I am cautiously optimistic now that the rates have been settled,” Senator Fasano states.  “It is important that we keep our eyes on the future.  Citizens will take a good, hard look at the reasons why the Office of Insurance Regulation did not approve the higher rates originally sought.  I have no doubt that the next time round they will be better prepared.  However, I intend to continue advocating for putting the cap back on so that Citizens, or any other insurance company for that matter, will not have the statutory authority to ask for future increases.”

The Office of Insurance Regulation ordered Citizens to conduct an independent study before submitting its next rate filing.  The study must specifically look at the provisions of the new law that were not taken into account.  With the 2012 legislative session starting in January, rather than its usual March start date, the time quickly draws near for potential fixes to the bill that caused this potential disaster from even being stated.  Senator Fasano, Sean Shaw and Jay Neal will all be working together to make sure that the this roller coaster train will never again leave the station.

The Voice of the People Was Heard at Citizens Sinkhole Public Hearing

By Greg Giordano

Florida’s Office of Insurance Regulation hosted a public hearing on September 13, 2011 at the Tampa Convention Center to consider an application by Citizens Property Insurance Corporation to raise sinkhole premiums by a statewide average of 429%. The amount of the increase varies by county with one county exceeding a 2,000% increase. The hearing, which included sworn testimony by Citizens executives, capped off an almost six-week roller-coaster ride of protests, organized opposition and members of the community uniting for one purpose: to stop the increase.

In the weeks leading up to the hearing, the genesis of the rate hike application can be found in the passage of Senate Bill 408, a widely criticized piece of legislation that was adamantly opposed to by State Senator Mike Fasano. The bill passed during the 2011 session of the Florida Legislature. The premium increase request was filed as a direct result of a provision in Senate Bill 408 which lifted the existing 10% yearly cap on Citizens premiums increases by excluding sinkhole coverage from that cap.

Senator Fasano, who voted against SB 408, asked the governor and the chief executive officer to voice their opposition to Citizens’ plan. Additionally, the senator requested Florida’s insurance commissioner Kevin McCarty to hold public hearings throughout the state. Senator Fasano wrote: “In light of these almost incomprehensible rate increases I respectfully expect that all Floridians be given the chance to have their voices heard on this issue before the Office of Insurance rules on the application.” Commissioner McCarty ultimately agreed and scheduled the September 13 public hearing in Tampa.

As a call for organized opposition arose, Sean Shaw, a former insurance consumer advocate for the state of Florida, joined the fight against the rate hike. Shaw is the founder and director of the advocacy group Policyholders of Florida. Additionally, Senator Fasano was contacted by Jay Neal, the executive director of Florida Association for Insurance Reform, who offered the services of his organization to fight the increase. The first event was a coordinated effort held on August 16. On that day sign-waving rallies and press events were held in Pasco, Hernando and Citrus Counties at which Citizens policyholders came out to demonstrate their opposition to the proposed hikes. Over 250 people attended the rally in Pasco County alone.

As the date of the public hearing drew closer, the outcry from the public grew louder. Policyholders of Florida and Senator Fasano worked together to plan bus rides for customers who could not otherwise travel to the hearing. On the day of the hearing approximately 150 people from Pasco and Hernando Counties joined in the three bus convoy to downtown Tampa. Many other policyholders drove themselves to the hearing from communities in and around the Tampa Bay area.

On the night before the hearing, no doubt expecting the public outcry that would ensue the following day, the Citizens Board of Directors held an emergency conference call in which it was decided the 429% rate hike would be scaled back to a statewide average of 50%. This did not assuage the concerns of Senator Fasano and others, however.
“This was a fight worth fighting, and a fight that won’t stop today,” said Sean Shaw, founder of the Policyholders of Florida, stated in a released statement following the board’s decision. “We will continue to organize for tomorrow’s rate hike hearing, despite the concessions from the insurer of last resort, because that’s the only way to hold rates in check”

“Even though Citizens has chosen to amend the application in the eleventh hour, the potential devastation on the lives of many is none-the-less standing just around the corner,” Senator Fasano testified at the hearing. “Foreclosure is a real possibility for many people who will be unable to afford the increases that are being sought.”

A large number of those customers had the opportunity to testify at the hearing. Some people spoke for themselves while others testified on behalf of a group of policyholders. In the end all who wished to speak were given the opportunity to do so.

“If dropping coverage is the only option that makes homeowners insurance affordable for some policyholders, they may be faced with an impossible situation,” Senator Fasano warned the members of the Office of Insurance Regulation. “Some lenders require sinkhole coverage if a property is encumbered by a mortgage.”

While not all homeowners may be required to have sinkhole coverage, many simply want to carry the added protections.

“Many homeowners want the peace of mind that comes with knowing that their home, for most their single largest investment, is fully covered if a sinkhole opens up and causes damage to that home,” Senator Fasano commented. “ Anything less than catastrophic groundcover collapse may leave a host of homeowners in deep trouble if they don’t have sinkhole coverage.”

The insurance commissioner has only a few days before he must decide whether or not to grant the requested increases. No matter what he decides, the opposition is not finished with their work. The aforementioned Florida Association for Insurance Reform is circulating a statewide petition asking the Florida legislature to, among other things, repeal the provision in Senate Bill 408 that lifted the cap on sinkhole premium increases. Additionally, Policyholders of Florida intends to hold legislators feet to the fire as the group advocates for consumer-friendly changes to Florida’s insurance laws.

Senator Fasano, in his closing remarks at the hearing, summed up what will happen in the near future if the rate increases are approved: “Every private insurance company that writes sinkhole coverage will soon be lining up, rate increase applications in hand, if you approve this request,” Senator Fasano stated. “If this trend continues sinkhole coverage will be but a part of Florida’s history.”

Senator Fasano fully intends to continue being a voice for the consumer as the prepares legislation for the 2012 session that will give policyholders greater protections than the law currently allows.

The Ongoing Story of Citizens, Sinkholes & Rate Increases

By Greg Giordano

On March 1, 2006 State Senator Mike Fasano called to order the first ever public hearing in Pasco County that brought officials from Citizens Property Insurance Corporation and their policyholders from the Tampa Bay area together.  They discussed, and sometimes engaged in angry retorts, about their rising premiums and the looming specter of sinkholes along Florida’s West coast.

“It is my hope that when we adjourn this afternoon we will all have a better understanding of both the insurance crisis that is plaguing our community as well as some of the plans to reign in the rapidly rising insurance premiums so many of us are being forced to pay.” Senator Fasano stated at that event.  “Through past and present legislation my colleagues and I are attempting to make the insurance market as consumer friendly as possible.”

The senator’s desire to convince his colleagues in Tallahassee of the brewing premium crisis culminated during a 2007 special session of the legislature. Senator Fasano championed a rate freeze which was imposed upon Citizens premiums. Additionally, the legislature created a pilot program which allowed policyholders to opt-out of full sinkhole coverage if they wished to do so.  Customers were given the chance to pay for full sinkhole coverage or choose the lower premium coverage known as catastrophic groundcover collapse.  In the several years since a majority of Citizens customers have opted for the less expensive coverage.  However, many lenders have required full coverage for people with mortgages or other liens on their property.

Once the freeze was lifted the legislature imposed a 10% cap on Citizens premiums, meaning that rates could not go up, for any reason, more than 10% per year.  The cap allowed Citizens to recoup monies lost during the “hurricane years” of the past decade, while keeping insurance somewhat affordable for policyholders.

Fast forward to August, 2011 and those very same policyholders are now faced with the possibility of sinkhole rate increases that could amount to 2000%  based on their  county of residence (429% statewide average).  The reason for this is the fact that the cap was partially wiped out in 2011 when the legislature passed, and the governor signed, Senate Bill 408.  Senator Fasano, who saw many aspects of the bill that were consumer unfriendly, strongly opposed the bill in committee and on the Senate floor.  Despite his objections the bill is now law.  The cap was removed for the sinkhole portion of Citizens’ coverage, although it remains in place for other portions of homeowners insurance policies.

Citizens’ Board of Governors approved on July 27, 2011, and sent to the Office of Insurance Regulation, an application that could make the huge rate increase possible.  The application awaiting consideration by the insurance commissioner has the potential to impact every homeowner or community association that is required to carry sinkhole coverage, or who simply want the peace of mind the coverage may bring.

Senator Fasano has called for the insurance commissioner to hold public hearings so that customers may voice their concerns with the proposed rate hike.  In addition he has asked the governor and chief financial officer to weigh in on the issue.  CFO Jeff Atwater has done so.  Additionally, Senator Fasano and the organization Policyholders of Florida are organizing rallies in Pasco, Hernando & Citrus Counties for August 16th.  It is hoped that advocates throughout the state will join the movement and make that date a day to remember.

‘If decision makers understand that these tough economic times already sap what people have in their bank accounts, then hopefully these outrageous rates will be denied,” Senator Fasano states.  “It is not the time to force people to come up with money they don’t have, or potentially lose their homes if their lender requires insurance they can’t afford.”

The next chapter will be written once the Office of Insurance Regulation decides whether to approve or deny the rate application.  Stay tuned at the story continues…

Florida’s Prescription Drug Monitoring Program Renamed

By Greg Giordano

The Florida Department of Health has announced the long-awaited Prescription Drug Monitoring Program, created by legislation sponsored by State Senator Mike Fasano in 2009, will be given a new name.  The database, which will track the dispensing of certain controlled substances, will be known as E-FORCSE (Electronic-Florida Online Reporting Controlled Substance Evaluation).  The statewide monitoring program is scheduled to “go-live” on October 1, 2011.

E-FORCSE is the product of Health Information Designs, a medical software company that contracted with the Department of Health to provide the program and training needed to make and keep it operational.  Once the database is up and running Florida law requires that information must be entered into the database no later than 7 days after medications are dispensed.  Under recent changes to law the vast majority of the requisite medications will be dispensed through licensed pharmacies.

“The ultimate goal of the program is to save lives by preventing doctor-shopping, diversion and misuse of potentially addictive drugs,” Senator Fasano states.  “Historically, seven people die each day due, at least in part, to the effects of controlled substances.  E-FORCSE will help health care professionals make sure legitimate patients get the medications they need while cracking down on those who break the law to secure drugs that they either sell or illegally abuse.”

The database was statutorily required to be up and running by December 1, 2010. However, a contract dispute lodged by a vendor that was not chosen prevented the state and the winning vendor from signing an agreement.  The bid protest was dropped this past spring and the chosen vendor was able to move forward.  Due to the contracting delay nearly 10 months worth of data have not been collected.  E-FORCSE has asked that all data from December 1, 2010 to the day the program becomes operational be submitted to the database no later than November 30, 2011.

“It has been a long time coming, ”Senator Fasano comments on the database’s impending start.  “The day the program becomes operational is the day that marks Florida’s step into a brand new future of both patient care and safety.”

Making Political Office the Exclusive Domain of the Wealthy

By Fred Markham

In the continuing saga of judicial erosion of public campaign finance laws, a Florida federal judge has eliminated the matching funds provision in the Florida Election Campaign Finance Act. The ruling follows and models the June 27 Supreme Court decision declaring the matching funds provision of Arizona’s Clean Elections law unconstitutional.

Florida’s law, dating from 1992, enabled the election of Democratic Governor Lawton Chiles and Republican State Treasurer Bob Milligan, both using only small donations to defeat well funded opponents. Though still in effect today, Florida’s law was soon made moot by the legislature through raising the expenditure limits to levels that ensured only candidates raising large private donations could compete. It has not been effective in removing big money influence from elections since at least 1996.

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