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.

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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.

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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.

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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.

Compulsive Gambling and Problem Gambling Awareness Week

By Executive Director Pat Fowler

Joe went from placing dollar bets on football games at his high school to racking up so many sports betting debts, he and his wife had to declare bankruptcy. What began as a fun childhood pastime escalated into a devastating addiction. Today, Joe lives in Orlando and is in recovery with support from his wife and two daughters.

The Florida Council on Compulsive Gambling (FCCG) is sharing the stories of compulsive gamblers like Joe as part of this year’s Problem Gambling Awareness Week (PGAW). During the week of March 6-12, the FCCG and its many supporters and partner agencies around the state are spreading the message of hope that help and treatment is available for those adversely affected.

The recovering compulsive gamblers working to help FCCG this week are in various stages of recovery, and each of them has a personal perspective on the pain inflicted upon themselves and their family as a result of compulsive gambling.

Every day we hear statistics about a variety of topics including dangerous activities, life style risk factors, and diseases of the world. Most of these statistics go in one ear and out the other. They are just numbers. But when a real story of hardship and devastation is tied to the numbers, it makes us think and consider the people behind the ratios and percentages.

Most of these featured gamblers called the Florida Council on Compulsive Gambling’s 24-hour HelpLine, 1-888-ADMIT-IT, seeking confidential guidance and resources on their road to recovery. Increasingly, those calls are coming from problem sports bettors who cannot just watch a basketball or football game for enjoyment. For them, compulsive betting on sports leads to escalating debt and deteriorating personal relationships. For some of them, their disease even leads to illegal acts to finance their gambling. It is fitting, then, that this year’s PGAW is focused on the impact that problem sports betting can have on both the gambler and their families.

With statistics documenting an increase in this type of betting in Florida, the Florida Council on Compulsive Gambling is planning a series of events during PGAW to spread awareness about problem sports betting and its effects.

Family conflict over gambling was prevalent in 89 percent of the households. More than half of the sports bettors were having difficulty at work due to their gambling. Half of the sports bettors had committed illegal acts such as fraud, larceny and embezzlement to finance their gambling. Suicidal thoughts or attempts were confirmed in 11 percent of those who called.

More than two dozen Florida municipalities across the state as well as elected officials, treatment support organizations, and gaming entities have joined with FCCG in this year’s theme of “Don’t Throw it Away: Blow the Whistle on Problem Gambling” to raise public awareness and highlight treatment options available to gamblers and their families. FCCG has also launched a Web site dedicated to PGAW, www.BlowTheWhistle2011.com.

The FCCG is urging Floridians to help raise awareness about the resources available through the confidential and multilingual HelpLine, 888-ADMIT-IT (236-4848). Together, all of us can ensure the people behind the statistics receive the help they need.

Pat Fowler

Executive Director, FCCG

Senator Fasano Files Legislation To Impound Assets of Pill Mill Operators

By Greg Giordano

State Senator Mike Fasano has filed Senate Bill 1238 which will apply the Florida Contraband Forfeiture Act to the assets of pill mill operators who are found guilty, plead no-contest or have adjudication withheld for knowingly operating an unregistered pain clinic.  Previous legislation filed by Senator Fasano requires pain clinic operators to register with the Florida Department of Health (Senate Bill 462, which was signed into law in 2009).

“If the rules and regulations that Florida has put into place have not scared off pill mill operators,  passage of this law will,” Senator Fasano states.  “Failure to register as a pain clinic will allow law enforcement to impound all assets of the pill mill.  Without the building, land and equipment needed to operate, the pill mill operators will shut down and leave the state.”

The legislation will allow for the seizure of all real and personal property that is acquired through the knowing operation or management of an unregistered pain clinic.  Although not exhaustive, the list of items that could potentially be seized includes real property, tracts of land, money, negotiable instruments, vessels, vehicles, equipment and aircraft.

The proceeds of the sale of the assets seized under this act will be deposited into the Crimes Compensation Trust Fund.  The purpose of the Trust Fund is to help compensate victims of crime who apply for relief through the fund.  The Trust Fund is funded through fees paid by those convicted of most crimes, including most traffic infractions, as well as any dedicated dollars such as Senator Fasano’s bill directs.

If passed, the legislation will go into effect on October 1, 2011.

Opinions on “The Rules of Civil Political Disagreement”

In a recent Facebook exchange, the Collins Center’s Tony Carvajal and I were bemoaning the lack of civility in modern political discourse. I suggested that what’s needed now is a Hoyle’s for Civility that outlines what’s fair and what scores below the belt.

I invite everyone who is tired of the current climate of rhetorical distortion and hate politics to weigh in and suggest what the Rules of Civil Political Disagreement should be. Here are a few opinions that were suggested:

Before inserting a knife into someone’s back, consider other methods of accomplishing same that would be less painful. -Jan Scheff

Do not use harmful images aimed at a candidate/political figure to imply the action in the image, ie. the crosshairs on a map of a candidate’s district recently used by a well-known politician that many construed as crosshairs of a gun sight. Not appropriate in any situation. -Arlette Braman

i’d expand No. 10 to include any references to not only Nazi’s, but Hitler, Eichmann, the Holocaust – none of it should ever be used. -sandra fish

Monitor your volume and tone. Screaming condescension isn’t necessary. Oh, and don’t jab the air with your index — or any other — finger. -Karen Thurston Chavez

Allowing others the space to have their say without being yelled over or yelled down. It seems that too many people jump in to shout down what others are saying before they’ve even finished having their say! (while at the same time people need to be succinct in their points and not use the floor to deliver a personal soliloquy!) -Priscilla Hudson

I have a great idea to eliminate negative campaigning. It’s a riot. Remember all of the “Truth” campaigns – This Group for Truth, That Group for Truth. And everybody had the Truth down pat, and it was THEIR candidate, no not him but HIM, who had a stranglehold on the rightness of all? Well, I was thinking, I would like to start a group called Mailboxes for Truth. And it works like this – If I receive ONE piece of negative campaign material, I write a note on it, slap a stamp on it, and send it back to the return address on the card. The note says – “Due to your negative campaign materials, you just lost my vote.” This accomplishes two things – makes me feel like I can influence the ridiculous campaigns local politicians seem intent on running, and it gives immediate feedback to a campaign that their method of promoting negative campaigning isn’t flying AND is actually costing them real, tangible votes.  -Patty McNally

My suggestion probably shouldn’t be included, for it almost goes without saying, “Make sure the people who speak for you follow the same rules.” Please no “attack dogs” or organizations (who appear to be independent, but are really formed to support the politician) break the Hoyle rules of politics either. -Ed Barber

From the perspective of having spent the last six years thinking about rules of the road in a civil civic discourse, this list is smart and complete. My only recommendation of an addition might be “No removing the context of a quote or a situation in order misrepresent someone.” What The Village Square calls the “war on context” does great damage to the intelligence and productivity of our civic conversation. -Liz Joyner

To view the original article and suggest your own ideas, click here: https://ronsachs.wufoo.com/forms/the-rules-of-civil-political-disagreement/

Let Florida Shape Its Own Water Policy, Not Feds

By: State Rep. Trudi K. Williams

As chair of the House Select Committee on Water Policy, I, along with other members of the committee, have been charged with looking at Florida’s water policy, including changes to federal policy that may significantly impact Florida’s ability to manage its own resources. An example of such federal policy is the numeric nutrient criteria mandate the Environmental Protection Agency (EPA) recently finalized for Florida.

As it stands, EPA singled out Florida as the only state in the nation subject to these federal standards – despite the fact that Florida has been a national leader in aggressively enforcing water quality standards to protect our streams, lakes, rivers and estuaries.

Our state has invested millions of dollars over the past three decades through an EPA-approved Total Maximum Daily Load (TMDL) program that has helped achieve substantial progress in reducing phosphorous levels in Florida waters. If any state should be hit with intrusive, invasive and indefensible water regulations, it shouldn’t be Florida.

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Senator Mike Fasano Files the Next Step Needed to Put Pill Mills Out of Business

By Greg Giordano

State Senator Mike Fasano has filed legislation that will take Florida to the next level in its efforts to put pill mills out of business.  Following successful legislation in 2009, which created the Prescription Drug Monitoring Program, and 2010’s pill mill regulation bill, Senator Fasano continues to fight the scourge of prescription drug abuse and diversion that is made possible by unscrupulous pill mill operators.

The success of the previous legislation is already evident.  The Department of Health has been working with over 200 pain clinics in the state to resolve issues of ownership and other registration-related matters.  Of those 16 either voluntarily withdrew their applications or had their license administratively revoked.  Additionally, the Florida Department of Health has inspected 81 pain clinics since the 2010 law went into effect on October 1, 2010.  Thus far, 15 physicians have been disciplined for violations at their pain clinics and 14 have received emergency suspensions (shut downs) of their license to operate.

Senator Fasano recognizes that pain management is a legitimate medical specialty.  However, pill mills continue to operate in the state, contributing to what the Florida Medical Examiner has reported as a daily death rate of 7 people with a causal relationship to prescription medication.  Senator Fasano’s legislation targets those who continue to skirt the law by creating enhanced penalties for pill mill operators who do not comply with standards of care and state law.

“It is imperative that the legislature continue to work to save lives by reducing the availability of prescription medication for abuse and diversion,” Senator Fasano states.  “This bill will give prosecutors more tools to hold those who break the law accountable for their actions.”

Senator Fasano’s bill also strengthens the Prescription Drug Monitoring Program (PDMP) by requiring it to conform with national standards for similar programs nationwide.  Additionally, the State Surgeon General is given the authority to look at the possibility of entering into agreements with other states to help limit the illegal transfer of drugs between states.

“I look forward to working with Attorney General Pam Bondi and my colleagues in the Florida Legislature to put Florida at the forefront in the battle to close down pill mills,” Senator Fasano states.  “It is my goal to stop Florida from being a destination state for prescription drugs.”

Cuts to Mental Health and Substance Abuse Funding Will Financially Burden and Endanger Florida’s Communities

by Bob Sharpe
Facing a projected $3.6 billion budget deficit, the State of Florida is again “stuck between a rock and a hard place.” An economic downturn plagued by high unemployment, a low tax base, revenue shortages and a large population with substantial needs for public services has forced Legislators to search for means to cut expenditures and “fill the gap.” … Continue Reading

Keys to the Cities

By Mayor Joy Cooper

Florida’s cities wholeheartedly share Governor Scott’s objective of creating jobs and fostering an economic climate in which Florida’s employers and families can thrive. Florida’s cities can play a key role in this important mission and cities stand ready to work shoulder to shoulder with the governor over the next four years.

As Governor Scott and the new Administration begin its work, city officials want to create a new partnership with state leaders.  This is why, as president of the Florida League of Cities, I created the Keys to the Cities Task Force.

In support of Governor Scott’s leadership, the Task Force created Keys to the Cities – a resource to provide additional insight on issues important to Florida’s cities, coming from the perspective of more than 400 communities in which the vast majority of Floridians live, work, learn, worship and play. The Keys to the Cities document we presented to Governor Scott also includes areas where we believe cities can work with the governor in a landmark partnership to enhance the high quality of life that the people of our state expect and deserve.

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Protecting Homeowners from Tax Increases When Property Values Fall

By Greg Giordano

Senator Mike Fasano has filed legislation that will help protect homeowners who experience tax increases even though the values of their home drop.  Senate Joint Resolution 210 will be considered by the Florida Legislature in the coming months.  The joint resolution, if passed, will put the issue before voters during the 2012 general election.

Due to the Save Our Homes amendment to the Florida Constitution, homesteaded property owners enjoy the protections of a 3% limit on the increase of property taxes when the assessed value of the property exceeds 3% each year.  However, due to a rule implemented by the Florida Cabinet during the administration of former governor Lawton Chiles, property owners are penalized when their property values.  The mechanism known as the “Recapture Rule” allows for tax increases to occur during times when property values plunge.   Originally intended to keep a consistent revenue stream for local governments that rely on property taxes to run their respective programs and services, the “Recapture Rule” actually acts as a punitive tax on homeowners.  When property values plummet it is usually due to a poor economy, much like what Floridians have experienced in recent years.  During such economic conditions most people are ill-equipped to pay for increases in taxes, especially when the value of their homesteaded property drops considerably.

Senator Fasano’s resolution will allow Floridians to decide whether or not the Florida Constitution should be amended to prevent a property tax increase if the value of the property is lower than it was the previous year.  Adoption of the proposed amendment has the potential of savings taxpayers enormous amounts of money in any year the value of their home declines.  With the Save Our Homes still in force, homeowners will be able to budget for a relatively stable and predictable tax bill each year.

With the session starting in March, Senator Fasano is hopeful that the Legislature will consider the resolution before the session comes to an end during the first week of May.  Because this is a joint resolution of the Florida Legislature the governor is not required to approve the measure.