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 The Committee, formed to hear the thoughts and ideas regarding how legislative and congressional lines should be withdrawn, will meet over two dozen times throughout the state (remaining schedule is posted at the end of this article).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.

… Continue Reading

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.”

… Continue Reading

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.

… Continue Reading

Rep. Jeff Brandes: Striking a balance on fertilizer regulations

Pinellas County’s fertilizer rules have been met with mixed views, but the county is not the only one with its own regulations. While a uniform, statewide rule to the problem of impaired waterways is a reasonable approach, local control can also play a role in fertilizer regulation.

To address these issues, Florida House Bill 457, with an amendment I offered, is under consideration. The bill earned unanimous, bipartisan support in the House on April 15.

Under current law, every city and county in Florida with impaired waterways is required to either adopt the state’s model fertilizer ordinance or determine its own science-backed local rules. These rules, much like the model ordinance, instruct homeowners when and where fertilizer can be applied to their lawns and gardens. For example, the state model ordinance prohibits residents from applying fertilizer before a heavy rain and requires a 10-foot buffer zone between a fertilized area and any water bodies.

Many local rules follow these recommendations. However, some local regulations began to impede the ability of Florida commerce and distribution of a legal and Florida-licensed product. There were also concerns surrounding the way localities selected additional rules and the science supporting those claims. If one county chooses to ignore science and another chooses to follow it, the waters statewide are not equally protected.

To help solve this commerce-restricting and fact-checking conundrum, HB 457 was introduced to offer a statewide approach. It was met with resistance. Thanks to a recent compromise amendment, this bill now creates a more retail-friendly environment while maintaining local control. Additionally, a grandfather clause allows for the Pinellas County fertilizer rules, and other localities with pre-existing regulations, to remain exactly as they are.

In some cases, critics would argue a statewide solution isn’t the best approach and local control needs to play a role. But we’ve seen that regulatory methods have also wreaked havoc on Florida commerce and created tension between local governments. There must be a common ground, and I believe, with the help of many stakeholders, we’ve reached one.

It’s Time to Tackle City Pensions

By Mike Sittig

Imagine retiring at age 46 with a lump sum of $700,000 and an annual pension of $120,000.  How about retiring with $1 million plus a monthly pension plus health insurance for the rest of your life?

Now imagine having to be the one to pay for all of this.

Hard to fathom?

It’s reality for many city taxpayers, although most don’t know it.  Florida’s cities know it and have been trying to change it. But state law won’t let them.

Before 1999, cities were largely free to collectively bargain with their police and fire unions for pension benefits that were affordable to taxpayers and responsive to employee needs. This changed in 1999 when the Legislature passed a law mandating minimum city police and fire pension benefit levels and mandating the use of certain revenues to fund even higher levels of pension benefits.

Statewide, the cost of this mandate to city taxpayers is $400 million and growing.

To make matters worse, under state regulatory policies, cities can raise pension benefits, but cannot lower them – even if approved by the union – without jeopardizing the receipt of revenues used to pay for pension benefits. State law also provides that employee pension contributions cannot be increased – even if approved by the union – unless additional pension benefits are adopted at the same time.

The 1999 law and similar state pension mandates have massively increased cities’ funding liabilities and have created a structural deficit that worsens with every passing year.

Most city tax bases have shrunk in half, while police and fire pension costs have doubled and in some cases tripled. Many cities are paying amounts equal to 50, 60 and even 70 percent of a police officer or firefighter’s salary toward funding their pensions. By comparison, the State of Florida typically pays only 20 to 25 percent of a state police officer’s salary toward the Florida Retirement System.

It’s time to tackle this problem and cities are ready to take the political heat to right-size these supersized pension packages. For that to happen, however, the Legislature must first revisit the restrictions imposed in 1999.

Fortunately, the Legislature has started to do so with HB 7241 and SB 1128.  The House bill is especially noteworthy because it provides cities more flexibility to deal with their problems locally and negotiate pensions that taxpayers can afford.

The House bill allows cities to use growth in insurance premium tax revenues to pay down their unfunded pension liabilities. It allows cities to use these revenues to pay for existing benefits instead of just new or increased benefits. It would limit the use of overtime pay and unused leave time for purposes of calculating pension benefits.

HB 7241 is not an anti-union bill. It does not interfere with the rights of unions to collectively bargain with cities. In fact, it removes restrictions and requirements on the collective bargaining process that have caused pension costs to skyrocket.

HB 7241 bill is a long needed step along the road to reform. It does not take away anyone’s accrued benefits. It simply changes the game going forward so that city taxpayers don’t remain on the hook for a system that has spiraled out of control.

Police officers and firefighters deserve good benefits, but not benefits that will bankrupt us all. It’s time for the state to ease restrictions on city pensions and remove itself from the local collective bargaining process. Cities must have the freedom to ensure pension benefits remain within the realm of fiscal reality.

Mike Sittig is the Executive Director of the Florida League of Cities.

Recovery Path Treatment Program Address Problem Gambling

By Paul R. Ashe, Esq.

Problem gambling affects more than 1 million Floridians, directly and indirectly. This addiction, as devastating as alcoholism or drug abuse, negatively impacts the quality of life here in Florida through related crimes, financial distress, job losses and marital problems. The increasing number of annual calls to the Florida Council on Compulsive Gambling’s 24-Hour HelpLine indicates this problem is getting worse – not better.

… Continue Reading

UPside2Downs: Closing Tobacco Loophole Could Raise $90 Million for Disability Programs

As an organization whose mission is to aid and assist individuals with Down Syndrome while educating our wonderful city of Pensacola, we understand the vital need to fund the programs supporting children with Down Syndrome. With intervention and support we can work together to ensure every child with Down Syndrome may achieve their full potential as members of our community.

Budgets proposed by the Governor and legislature are threatening devastating cuts to programs that serve the most vulnerable citizens in our disability community. These cuts are occurring at the same time that a $90 million dollar tax loophole is being left open to benefit certain tobacco companies.

… Continue Reading

Sen. Marco Rubio and Rep. Tom Rooney on “Why We’re Fighting The EPA’s Job-Destroying Water Mandate”

Senator Marco Rubio and Representative Tom Rooney

Senator Fasano is Opposing Two Anti-Consumer Property Insurance Bills

By Greg Giordano

State Senator Mike Fasano is concerned with the progress two anti-consumer bills are making as they head through the Florida Senate.  Senate Bill 408 is a comprehensive property and casualty insurance package that removes some very good consumer protection provisions that are currently in law.  Senate Bill 1714 makes vast changes to the way Citizens Property Insurance Corporation operates, including allowing for a huge future increase in homeowners insurance premiums.

“I have been a vocal opponent of SB 408 from the moment it was filed,” Senator Fasano states.  “I attempted to improve this bad bill in committee but the insurance industry wields great power in Tallahassee.  Many of my colleagues voted to pass this bill out of committee and give it a swift passage to the Senate floor.”

The legislation drops the requirement that insurance companies must offer full sinkhole coverage if homeowners are willing to pay extra for it.  Without the requirement Senator Fasano fears that all insurers, including Citizens, will no longer offer this coverage.  The potential for homeowners and potential homeowners could be devastating.  Banks and other mortgage holders that require full coverage could force homeowners to pay exorbitant premiums from insurance companies of the lender’s choice if the general market no longer offers the coverage.

Under current law insurance companies must give homeowners 6 months notice if they intend to non-renew a policy.  This bill cuts that 6 month notice period to 45 days. The bill also strikes an existing requirement that insurers must take into consideration, when setting premiums, work done by proactive homeowners to mitigate their home against potential storm damage.

The other bad insurance bill wending its way through the legislative process is SB 1714.  This bill institutes a “step-down” process in which, over the next few years, the value of homes that Citizens can insure drops incrementally.  By January 1, 2016  Citizens will be prohibited from insuring dwellings with replacement costs in excess of $500,000 and condos with a combined replacement and contents replacement costs in excess of $500,000.  If the property values in Florida rebound this provision may leave countless homeowners unable to secure coverage.

“This bill’s intent is take out all of the consumer protections built into law.” Senator Fasano states.  “This bill dismantles everything that was done in past legislative sessions to protect policyholders, including a cap to so that homeowners covered by Citizens would not face exorbitant rate increases, nor would they be faced with losing coverage through no fault of their own.”

The bill states that upon the legislation becoming law (the day the governor signs it) Citizens will be prohibited from insuring any new noncommercial properties.  Effective January 1, 2012 policyholders will be required to sign an affidavit stating that if Citizens sustains a deficit for any reason, a surcharge of up to 45% of their premium may be charged in addition to any other fees that the legislature may levy.  Also, coverage for damages to driveways, sidewalks, patios and other structures not directly part of the main dwelling will be excluded from sinkhole coverage on that date.

A provision of the bill that will hurt policyholders almost immediately (effective July 1, 2011) is a potential increase in premiums of up to 25% per individual policy.  Current law caps annual increases to no more than 10%.  This huge leap will hurt homeowners especially hard because the bill will allow this increase to be repeated yearly for over three years.

“The only way to stop these bad bills is for members of the community to speak up and let their voices be heard,” Senator Fasano states.  “I encourage everyone who has Citizens or fears they may be put into Citizens to contact their Senate and House members and express their concerns with how this legislation will adversely impact them.”

Pro-Gerrymandering Legislators Seek Retaliation Against FL Supreme Court

By Yury Konnikov, President, Florida Initiative for Electoral Reform

The sudden charge by State House Speaker Dean Cannon and other legislators to drastically reform Florida’s Supreme Court is a poorly disguised attempt at retaliation towards the judicial branch. The Florida Supreme Court’s disqualification of Amendment 7 from the 2010 ballot made it a target for legislators who seek to protect gerrymandering and derail the Fair Districts amendments, approved by over 62% of voters. The specific aim of Amendment 7 was for it to be simultaneously approved along with Amendments 5 and 6, thereby essentially overriding them. Speaker Dean Cannon personally argued the case for the counter amendment during the court hearing. Ultimately, the court decided to uphold a lower court decision to strike Amendment 7 off the ballot for being misleading to voters. Not coincidentally, Speaker Cannon is now leading the effort to break up the court into two separate civil and criminal courts while also requiring justices to obtain 60% of the vote to win merit retention, as opposed to the current simple majority.

… Continue Reading

Florida Dept. of Education is Working for Smooth, Accurate and Timely Testing Process

By Dr. Eric J. Smith, Florida Commissioner of Education

I’m disappointed in the Orlando Sentinel’s recent article, “Test results will be late again, state tells schools,” which presents a host of misinformation about this year’s FCAT administration.

First and foremost, the article’s claim that assessment results are going to be late this year is premature. Students are currently in the testing process and we are months away from calculating the results. Based on this, a claim that nonexistent results are late is a gross misstatement of fact.

Putting aside the article’s sensationalized title, the chief concern raised in the piece deals with Florida’s administration of our first-ever end-of-course exam (EOC). The current delivery timeframe for the Algebra I EOC Assessment results is on or before June 7, 2011. The due date is specified in our contract, which was finalized in the summer of 2009, with our testing vendor, and is necessary due to the required processes when brand new assessments are introduced. Essentially, since we have no past Algebra I EOC results, we must perform something called post-equating to ensure the results that are reported are valid and accurate. Post-equating, by its nature, occurs after results come in, and is necessary to validate the results. Therefore, results for this exam are unable to be reported any sooner this year. The post-equating issue has been widely and openly discussed with school districts across the state for some time now, so that they may prepare for the timing of the results accordingly.

… Continue Reading

Senator Mike Fasano Expresses Great Concerns With Representative Schenck’s Proposed Pill Mill Legislation

By Greg Giordano

State Senator Mike Fasano has great concerns with Representative Rob Schenck’s proposal to repeal the Prescription Drug Monitoring Program, end state oversight of pain management clinics and prohibit doctors from dispensing medications from their offices. … Continue Reading

Washington Needs A Balanced Budget Amendment

By U.S. Senator Marco Rubio

In my two short months in office, it has become clear to me that the spending problem in Washington is far worse than many of us feared. For years, politicians have blindly poured more and more borrowed money into ineffective government programs, leaving us with trillion dollar deficits and a crippling debt burden that threatens prosperity and economic growth.

In the Florida House of Representatives, where a balanced budget is a requirement, we had to make the tough choices to cut spending where necessary because it was required by state law. By no means was this an easy process, but it was our duty as elected officials to be accountable to our constituents and to future generations of Floridians. In Washington, a balanced budget amendment is not just a fiscally-responsible proposal, it’s a necessary step to curb politicians’ decades-long penchant for overspending.

Several senators have proposed balanced budget amendments that ensure Congress will not spend a penny more than we take in, while setting a high hurdle for future tax hikes. I am a co-sponsor of two balanced budget amendments, since it is clear that these measures would go a long way to reversing the spending gusher we’ve seen from Washington in recent years.

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Senator Mike Fasano Files Major Ethics Reform Legislation

By Greg Giordano

State Senator Mike Fasano has filed Senate Bill 1484 which makes sweeping changes to Florida’s ethics laws. Following several high-profile public corruptions cases, former governor Charlie Crist requested a statewide grand jury to look at and make recommendations regarding how public corruption can be reduced. Senator Fasano, working with the Florida Commission on Ethics, created a bill that will put many of the grand jury’s recommendations into law.

“Public officials need to be held to a high standard,” Senator Fasano states. “If people are not able to hold themselves to that high standard then the legislature must enact laws to force them to do so. Misusing a position of public trust cannot be tolerated. This legislation will give the Florida Ethics Commission the ability to take greater action against those who may have broken their bond with the very people who entrusted them with their position.”

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PIP Fraud Reform Necessary

By Walter Dartland

Rep. Rene Garcia raises a valid question in asking if there’s enough data to justify concern about PIP fraud in the Sunshine State.
Yes, there is. PIP fraud is rampant in Florida, this crime is spreading, and greedy PIP cheaters cost honest drivers in higher auto premiums every year.
Every Floridian should be outraged.
Two-car families in Florida pay nearly $100 a year in higher auto premiums thanks to greedy staged-crash rings, says recent research by the Insurance Information Institute (III). Families could pay a “fraud tax” of nearly $170 by the end of this year.
Florida ranks No. 1 in America for questionable claims involving staged accidents, says the National Insurance Crime Bureau.
Questionable claims rose nearly 60 percent between 2008 and 2009. Tampa is the second-worst city in the nation, Miami 3nd and Orlando 4th.
Suspected PIP fraud accounts for fully 40 percent of case referrals to the Florida Division of Insurance Fraud.
We must ease the costly “fraud tax” on honest drivers. We also must get PIP cheaters off the streets, and behind bars. Consumers, insurers and government agencies have joined forces through the Sunshine Alliance to Erase Fraud to help enact needed reforms this year.
Most drivers and medical clinics in Florida are honest, and proposed legislation wouldn’t affect them. Proposed legislation only targets cheaters. Unless we crack down on this costly crime, auto premiums will keep increasing for all Floridians.