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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The 10 Year Legislative Reapportionment Process is Underway

By Greg Giordano

One of the consequences of the decennial United States Census is the reapportionment of both federal and state legislative seats.  Based on population shifts documented by the census, some states face the loss or gain of members on their respective congressional delegations starting in 2012.

In Florida the number of state legislative seats remain the same, only the boundaries of each district will change.  However, Florida gained two additional seats in the United States Congress.  Federal funding of many important programs are also impacted by the populations reported in each state.  In the Sunshine State the Florida Legislature is tasked with redrawing congressional seats and state legislative seats based on the population numbers reported to the federal government.
During the 2010 general election held last November 2,  Floridians adopted two amendments to the Florida Constitution pertaining to the reapportionment process.  Amendments 5 & 6 were proposed  with the single goal of ending gerrymandering in Florida. Once adopted the so-called “fair districts” amendments require the Legislature to draw legislative and congressional districts that do not favor one party or any incumbent lawmaker.  The amendment requires districts to be compact and contiguous and must not discriminate based on race or language.
On June 20th the Senate and House Reapportionment Committee public hearings kicked off in Tallahassee and then hit the road, conducting hearings in Pensacola, Ft. Walton Beach and Panama City. The Committee, formed to hear the thoughts and ideas regarding how legislative and congressional lines should be withdrawn, will meet over two dozen times throughout the state (remaining schedule is posted at the end of this article).

“The key to the success of the reapportionment process lies in the involvement of Floridians in all communities,” Senator Mike Fasano of New Port Richey states.  “I strongly encourage each person who has an interest in the effective operation of their state and federal governments to find a meeting and attend it.  Your thoughts and ideas may help the committee members tackle the challenges posed by this process.”

After the hearings are finished the committee members must then meet and hammer out the details and present to the their respective chambers the product of their work.

The Florida Legislature will convene in regular session on January 10, 2012 and will conclude on March 9, 2012.  Normally the 60 day regular session begins on the first Tuesday after the first Monday in March.  The purpose of the early start of session during Reapportionment is to ensure that the Legislature’s redistricting plan is passed in time to meet the Florida Supreme Court’s deadline of April 16, 2012 to approve the plan.  Once the state’s highest court signs off on the plan it must then be submitted to the United States Attorney General who has 60 days to review it.  Barring any objections the Reapportionment plan finalizes on June 15, 2012.

Following the finalization of the plan, those seeking elected office can choose the office they are seeking, file their intent to run and hopefully meet the qualifications for the seat.  Winning candidates who run on Election Day in 2012 will be the first officeholders to occupy the newly drawn seats in Tallahassee and Washington.  They, and those who may follow after them, will hold those seats until the process repeats itself in 2021.

Schedule of Upcoming Reapportionment Committee Public Hearings:
Monday, July 11, 2011
2:00 – 4:00 PM*
and 6:00 – 8:00 PM*
Florida State College at Jacksonville Downtown Campus
Jacksonville

Tuesday, July 12, 2011
8:00 – 11:00 AM*
Flagler College
St. Augustine

Tuesday, July 12, 2011
6:00 – 9:00 PM*
News Journal Center at Daytona State College
Daytona Beach

Wednesday, July 13, 2011
8:00 AM – Noon*
Colony Cottage Recreation Center
The Villages

Wednesday, July 13, 2011
6:00 – 9:00 PM*
Santa Fe College
Gainesville

Monday, July 25, 2011
2:00 – 5:00 PM*
Polk State College
Lakeland

Tuesday, July 26, 2011
8:00 – 11:00 AM*
Hardee County Civic Center
Wauchula

Tuesday, July 26, 2011
6:00 – 9:00 PM*
Wiregrass Ranch High School Gym
Wesley Chapel

Wednesday, July 27, 2011
2:00 – 4:00 PM*
and 6:00 – 8:00 PM*
Bob Carr Performing
Arts Center
Orlando

Thursday, July 28, 2011
10:00 AM – 1:00 PM*
Brevard County Government Center at Viera
Melbourne

Monday, August 15, 2011
6:00 – 9:00 PM*
Blake Library
Stuart

Tuesday, August 16, 2011
10:00 AM – 1:00 PM*
Florida Atlantic University
Boca Raton

Tuesday, August 16, 2011
6:00 – 9:00 PM*
Broward College
Davie

Wednesday, August 17, 2011
10:00 AM – 2:00 PM*
Miami Dade College
Miami

Wednesday, August 17, 2011
6:00 – 9:00 PM*
Florida International  University College of Law
South Miami

Thursday, August 18, 2011
4:00 – 7:00 PM*
Florida Keys Community College
Key West

Monday, August 29, 2011
4:00 – 8:00 PM*
Hillsborough County Commission
Tampa

Tuesday, August 30, 2011
8:00 – 11:00 AM*
EpiCenter at St. Pete College
Largo

Tuesday, August 30, 2011
6:00 – 9:00 PM*
New College
Sarasota

Wednesday, August 31, 2011
8:00 – 11:00 AM*
Naples Daily News Community Room
Naples

Wednesday, August 31, 2011
6:00 – 9:00 PM*
Veteran’s Park Gymnasium
Lehigh Acres

Thursday, September 1, 2011
8:00 – 11:00 AM*
Hendry County Health Department
Clewiston

Voter Suppression in Florida

By Robert P. Watson, Ph.D. and Yury Konnikov

America’s journey to voting rights for all was long and bloody. When the nation was founded, not everyone was able to vote on account of religious clauses and property requirements that limited full enfranchisement.

By the 1850s provisions requiring citizens to own property and pay taxes in order to vote were eliminated. Not long after the end of the Civil War black men won the right to vote with the 15th Amendment, while women would have to wait another half-century until the 19th Amendment in 1920 assured their right to vote.

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Federal Water Mandate Carries Crushing Costs for Floridians

By: Jose Gonzalez

There is no question that clean water is important to our lives and Florida’s quality of life. That is why, our businesses have strongly supported efforts to measure and protect water quality in Florida. Our state was the first in the nation to measure what’s known as Total Daily Managed Loads (TMDLs) and have invested millions of dollars over the past three decades in the program.

Unfortunately, the EPA is ignoring the good work done by Florida and has finalized numeric nutrient criteria rules that will render obsolete the programs that are currently working. And it is going to cost Florida billions of additional dollars to comply. The EPA claims the cost will be less but we all know the EPA has a checkered past when it comes to cost estimates. Earlier this year, the Wall Street Journal noted in an editorial about the EPA revising economic estimates related to new rules affecting boilers, “the EPA always rigs its estimates to minimize costs and embellish benefits.”

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Senator Fasano’s Proposed Amendment to Florida Constitution Heading to the 2012 Ballot

By Greg Giordano

Senator Fasano’s Senate Joint Resolution 658 (SJR 658/ HJR 381) was built from Amendment 3 which was placed on the November ballot by the Legislature in 2009.  This joint resolution clarifies 1st time homebuyers definition, protects public schools and fairly treats all property owners.

“The passage of this joint resolution is one of the few economic development measures passed by the legislature this year,” Senator Fasano states.  “If adopted it will help spur Florida’s sluggish housing market, help homeowners save on their property taxes and give new homebuyers an opportunity to perhaps purchase their own home.” … Continue Reading

Senator Fasano’s “Choose Life” License Plate Legislation Heads to the Governor

By Greg Giordano

State Senator Mike Fasano sponsored SB 196/ HB 501 during the recently ended annual session of the Florida Legislature.  The bill revises the distribution of funds collected from the sale of “Choose Life” license plates.  The “Choose Life” specialty plate became available in the year 2000 to help encourage women with unplanned pregnancies to consider adoption as a viable choice available to them.

Senator Fasano’s legislation allows the Department of Highway Safety & Motor Vehicles to distribute unused funds collected by the sale of “Choose Life” license plates to Choose Life, Inc.  Choose Life, Inc. was the driving force behind the creation of the specialty plate that was created by a law signed by then Florida Governor Jeb Bush in June, 1999.

“Since the “Choose Life” plate went on sale it has consistently been one of Florida’s top selling plates,” Senator Fasano states.  “Florida paved the way for other states to creates similar plates of their own.  Currently 24 states now offer “Choose Life” specialty plates.”

With the downturn in the economy, Choose Life, Inc. needed some flexibility regarding how it can distribute funds to agencies which serve women who have made adoption plans for their unborn children.  The bill allows for those funds to be used to provide for the material needs of pregnant women (i.e. housing, clothing, medical care, etc.).  A portion of those funds may also be used for adoption-related counseling, training or advertisement.

The legislation assures that monies raised in Florida stay in Florida and cannot be transferred to any other Choose Life entity in other states.  Additionally, the bill allows qualified agencies within a 100-mile radius of a county’s seat to apply for funds if no qualified agency resides within the county.  If no agency within that area qualifies, Choose Life, Inc. will hold those funds until a qualified agency applies.

“Over 388,000 plates have been sold or renewed since they became available to Florida drivers,” Senator Fasano states.  “The $20 annual specialty plate fee has raised $7.7 million for adoption services in the past ten years.”

The bill awaits the governor’s consideration before it becomes law.

Senator Fasano Testifies Before the Florida Public Service Commission Today on Behalf of the Customers of Aqua Utilities

By Greg Giordano

State Senator Mike Fasano traveled to Tallahassee on May 24 to join busloads of Aqua Utilities customers who are protesting rate increases sought by the utility.  In Pasco County the communities of Jasmine Lakes, Palm Terrace and Zephyr Shores are facing the potential of increases of up to 40% for water and wastewater services that are below standard.  Customers of Aqua Utilities from other counties impacted by the rate increase application have also traveled to the state capital to let their voices be heard.  In addition to Pasco County, the following counties are also facing the specter of large increases: Alachua, Brevard, DeSoto, Hardee, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Polk, Putnam, Seminole, Sumter, Volusia and Washington.

On September 1, 2010 Aqua Utilities filed for water and wastewater  rate increases for the various counties it serves.  The Commission approved interim (temporary) rate increases, which the customers have been paying since last fall,  until final action is taken on the application.

The following is the presentation Senator Fasano gave to the five members of the Florida Public Service Commission who will ultimately vote on its own staff’s recommendations to increase rates and by how much:

Senator Mike Fasano’s Presentation to the Public Service Commission Regarding Aqua Utilities
Mr. Chairman, Members of the Commission, thank you for this opportunity to address you this afternoon.  I am here to stand with the customers of Aqua Utilities to protest the rate increase application that has been filed by the utility.  Aqua is asking for rate increases that, if approved, would be extremely burdensome for a customer base that is largely made up of people on fixed incomes.  Additionally, the quality of service is substandard.  Paying increased rates for a service that, in some cases, does not even meet the standards set by Aqua itself, is absurd.  Also of great concern is the unusually high cost for Aqua to operate and maintain its facilities as compared to utilities of similar size.  These and other concerns found in the staff recommendation lead me to request that the Commission deny the rate increases that are being sought by the utility.

As you listen to the concerns that the customers of Aqua will share, please keep in mind the reality of their lives.  When they return to their homes tonight they will be the ones who will turn on the taps and receive an often substandard  product from Aqua.  They will be the ones who pick up the phone and call in complaints to an office that is not responsive to their needs.  They will be the ones who pay a water bill that reflects the overall poor service this company provides.  Should they absorb the cost of this rate case, the increased cost to pay employee and management salaries, as well as pad the profits of stockholders?  I think not and hopefully neither will you.

The Office of Public Counsel has determined that Aqua has failed to meet its own standards in
several categories.  Public Counsel has identified areas of on-going concern: poor customer service representatives, difficulty reaching Aqua regarding service problems, billing issues including large back billing problems and otherwise high billing, untimely boiled water notices, failure to timely respond to problems, and on-going secondary quality issues such as taste, order, and color.   Even though the Commission staff has minimized these issues in its recommendation, the overall quality of service has not improved significantly.  Until the time comes that the customers can feel a level of comfort in knowing that their concerns will be addressed to a certain level of satisfaction I strongly encourage you to make improving customer service and utility responsiveness a top priority as you follow the  development of Aqua Utilities.  Until that time comes I would suggest that you deny any rate increases the utility has asked for.

Operation & Maintenance is both a key component of what makes a utility successful, it is also a key cost driver as reflected in the staff’s recommendation.  The staff documents that the average Operation & Maintenance expenses for utilities in comparison to Aqua shows that Aqua’s costs are 60% higher than the average.  Additionally, the Office of Public Counsel has discovered that the staff recommendation is based on a mathematical error by PSC staff. It would be beneficial that the recommendation be based on accurate calculations.  I also think it is imperative that the question be asked: why does Aqua cost more to operate and maintain as compared to other utilities?  Is there a flawed business model in operation or just overall poor management?

An unfortunate outcome of the distressing economy we are living through is the impact rate increases will have on the customers of Aqua.  The utility has requested that the cost of granting raises to its employees and management be passed on to the customers.  In a time in which most state employees have not had a raise in five years, companies big and small are downsizing, government agencies are laying off workers, and Social Security payments don’t keep up with the true cost of living, it would be wrong to allow the cost of employee and management raises to be passed on to the customer.  It is not the time, in the midst of a prolonged economic downturn, to be granting raises to a utility that are underwritten by people who themselves are struggling financially.

The utility is asking for $778,269 to cover the cost of the rate case we are discussing today.  The Office of Public Counsel has recommended that the costs be cut in half to $348,634.  Given that the customers are currently paying $1,501,609 for the most recent Aqua Utilities rate case it is my opinion that the commission should grant Aqua absolutely nothing in rate case expense for the case at hand.  The customers did not ask for the rate increase.  The customers will not benefit from any rate that may ultimately be allowed.  I see no reason why they should pay for the legal costs associated with this case.  Aqua is owned by stockholders who should put up the money to bring forth this rate increase application. They are the ones who will benefit if a rate increase is granted.   Just because the utility asks for the money doesn’t mean they should get it.

Perhaps one of the most puzzling recommendations of all pertains to the proposed rates for  Wastewater Band Four (Zephyr Shores & Palm Terrace).  For example, the utility has requested for residential service for 5,000 gallons of water a bill in the amount of $85.52.  For some inexplicable reason the commission staff has recommended that the utility be granted a rate of $117.78.  Similar disparities exist for the average 3,000 gallons per month user as well as the 10,000 gallons per month user in this Band.  Is there any reason why the staff should recommend a rate about 30% higher than what the utility even requested?  Even if by some accounting rule they be entitled to that amount it is the responsibility of the utility to ask for that amount.  It is not the commission staff’s job to propose something more than what the utility even wants.

As I stand with these constituents, all of whom are customers of Aqua Utilities, I want you to know that I agree with the various issues of concern they are about to present to you.  They are the ones who purchase Aqua Utilities water and they are the ones who pay the Aqua Utilities bills.  For the most part these residents are on fixed incomes,.  Like all of us they are struggling through a down economy to make ends meet.  To impose upon them major rate increases, especially when they are receiving poor water and almost non-existent customer service, is unconscionable.  The rate recommendations you have been given by staff are, at least in one part,  flawed.  The only ones who will benefit from these rate increases, if granted, would be the owners of the utility.  The customers have neither asked for nor do they support the proposed increases.  On their behalf I respectfully request that you deny the application.

Again,  Mr. Chairman and Members of the Commission, thank you for this opportunity to speak to you today.

Depending on the length of the public testimony the Public Service Commission may vote to either accept its staff’s forty-nine point recommendation in total, accept portions of the recommendation and send the remaining back for further work or reject the recommendation in its entirety.  The Commission may also carry the case forward to another day before making its final decision.  If the commission ultimately approves rates that are lower than what the utility is seeking, and lower than what it has been collecting in the interim, Aqua customers would be entitled to a partial refund of those rates.

Senator Fasano’s “Walk In Their Shoes Act” Awaits the Governor’s Signature

By Greg Giordano

During the recently ended legislative session Senator Mike Fasano sponsored SB 488 (which passed as HB 251), known as the  “Walk in Their Shoes Act,” to help put more sexual offenders behind bars.  The legislation expands the admissibility of collateral crime or “similar fact” evidence in cases where a person is charged with child molestation or a sexual offense.  The bill is named in honor of Lauren Book-Lim’s program to help child victims of sexual abuse.

Additionally, the legislation requires licensed facilities providing emergency room services to gather forensic medical evidence from victims of sexual assault who have reported a sexual battery to a law enforcement agency or who have requested such evidence be gathered for purposes of filing a report in the future.

“In order to help more victims of sexual assault this bill adds crimes to the list of offenses for which an additional $151 dollar surcharge will be assessed against a convicted defendant,” Senator Fasano states.  “The additional fine will be deposited into the Rape Crisis Program Trust Fund.”

Senator Fasano’s bill also amends the statute of limitations for video voyeurism offenses to authorize commencement of prosecutions within one year from either the date the victim learns of the existence of the video recording or the date the recording is confiscated by law enforcement, whichever occurs first.

The bill changes existing law to require the court, upon a victim’s request, to order specified defendants to undergo hepatitis and HIV testing within 48 hours of the filing of an indictment or information or, if such time has passed, within 48 hours of a victim’s request.

“Existing law requires law enforcement to assist a victim who needs help obtaining medical assistance after an assault,” Senator Fasano states.  “This takes the law one step further and requires law enforcement to either provide transportation to an appropriate facility or to arrange transportation for the victim.”

The bill awaits the governor’s signature.  If signed into law the provisions will take effect on July 1, 2011.

Dr. René Rodriguez: Florida’s Health Care Future Not Looking So Bright

By René Rodriguez, M.D.

More than 17 percent of Florida’s population is 65 or older. And one in five residents — or 3.2 million citizens — is currently enrolled in Medicare. So for the Sunshine State, the future of Medicare is critically important.

That’s why so many Floridians are concerned with some of the changes that are coming as a result of president Obama’s healthcare reform act. One of the programs that is especially distressing is the Independent Payment Advisory Board (IPAB), which is slated to convene in 2012.

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