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Statement by CARE FL re: Temporary Postponement of High Speed Rail Safety Legislation

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Statement by CARE FL Chairman Brent Hanlon regarding House Transportation and Infrastructure Subcommittee Temporarily Postponing the High Speed Rail Safety Legislation

Earlier today, the Florida House of Representatives Transportation and Infrastructure Subcommittee temporarily postponed House Bill 269 by Representatives MaryLynn Magar and Erin Grall, which would establish the Florida High Speed Passenger Rail Safety Act.
“I want to once again thank Representatives MaryLynn Magar and Erin Grall for filing legislation this session to protect citizens from subsidizing high speed rail projects that pose risks to public safety.  We are disappointed that the subcommittee did not debate the bill today, but we respect the legislative process, and look forward to more dialogue about this important legislation in due course.
“All Aboard Florida (AAF) is taking a victory lap today in its public statements, but its latest actions are nothing more than a special interest group flexing its political muscle in a desperate attempt to protect its profits which are reliant on taxpayer subsidies.
“AAF continues to put the communities of South Florida on the hook for millions in upgrades to enhance safety measures and make a grab for taxpayer subsidies.
“We will continue to advocate for legislation that puts public safety first and we know that our elected leaders want the same. This is nothing more than an ill-conceived rail project by a private company that wants to shift costs to the taxpayers.”
CARE FL is a coalition created by a group of concerned community leaders, organizations and neighbors in South Florida and the Treasure Coast. Our group continues to grow. We share a common goal: Protecting the safety, welfare and way of life for the families, businesses and retirees who live in and around our communities. To learn more about CARE FL’s concerns, visit www.saveourfl.com and follow us on Twitter @CARE_FL or like us on Facebook.

Legislation to Cut Commercial Lease Sales Tax Passes First Senate Committee

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SB 378 eliminates narrow corporate subsidy, instead providing
dollar-for-dollar recurring tax relief for Florida businesses

The Senate Committee on Finance and Tax, chaired by Senator Kelli Stargel (R-Lakeland) today passed Senate Bill 378 by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe). The legislation repeals the insurance premium tax credit and replaces it with a dollar-for-dollar reduction in the sales tax on commercial leases.
“When originally put in place thirty years ago, this narrow corporate subsidy for insurance companies was well intentioned, but times have changed and we need to reprioritize,” said Senate President Joe Negron (R-Stuart). “By replacing this outdated subsidy that benefits only one industry with revenue-neutral, meaningful, and permanent tax relief, we are continuing our commitment to reducing the tax burden facing Florida businesses.”
“Cutting this business tax will help the small, local businesses in our communities who lease property,” continued President Negron. “Florida is the only state in the country to tax businesses in this way. Reducing this burdensome tax promotes the private sector job creation we need to maintain a strong economy. I am hopeful that it will become a component of our comprehensive tax relief package for this session.”
Since 1987, Florida has provided a tax credit that insurance companies can take against their premium tax liability of up to 15 percent of salaries paid to employees located or based within Florida. The same benefit is not provided for other industries.
Senate Bill 378 is intended to be revenue neutral and provide a permanent reduction to the sales tax charged on commercial leases. The legislation revises distributions to ensure that local governments are not impacted by the rate changes in the bill.
 

Senate Passes Legislation to Protect Right to Self-Defense

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The Florida Senate today passed Senate Bill 128, Self-defense Immunity, by Senator Rob Bradley (R-Fleming Island). The bill protects the right of self-defense for all Floridians by correcting a misinterpretation of the “Stand Your Ground” law in the 2015 Bretherick vs. State Florida Supreme Court decision.
“For the second year in a row, the Senate passed legislation to clarify this critical constitutional issue. Under our Constitution, Floridians accused of crimes, no matter how serious, are presumed innocent until proven guilty. This legislation affirms that constitutional right, clarifying that the state of Florida has the burden of proof at each stage of every proceeding to prove your guilt beyond and to the exclusion of every reasonable doubt,” said Senate President Joe Negron (R-Stuart).
Senate Bill 128 clarifies that the government, not the accused, has the burden of proof in a “Stand Your Ground” immunity hearing. In a 5-2 decision, the Florida Supreme Court ruled otherwise.
“A defendant always has the presumption of innocence and the state always has a burden of proof,” said Senator Bradley. “This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians. Fidelity to the Constitution is our most important responsibility as legislators, and I am pleased to see this legislation earn the support of my Senate colleagues today.”
SB 128 changes the burden of proof and who must bear it during pretrial hearings to evaluate a defendant’s claim of immunity based on a justifiable use of force. Current law provides a defendant a right of immunity from criminal prosecution and civil action if he or she is justified in using force. Although the procedures to claim immunity are not specified by statute, the Florida Supreme Court has determined that defendants must prove by a preponderance of the evidence the entitlement to the immunity at a pretrial hearing. The bill places the burden of proof on the state and requires the state to overcome the immunity claim by offering evidence meeting the standard of beyond a reasonable doubt.
Senator Bradley sponsored the same legislation, Senate Bill 344 (2016) last session, and it passed the Florida Senate. The bill died in committee in the Florida House.

Legislation to Keep BP Oil Funds in Northwest Florida Passes First Senate Committee

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The Senate Committee on Commerce and Tourism, chaired by Senator Bill Montford (D-Tallahassee), today passed Senate Bill 364, The Recovery Fund for the Deepwater Horizon Incident. The legislation, sponsored by Senator George Gainer (R-Panama City), Senator Doug Broxson (R-Pensacola), and Senator Montford, will ensure funds received in the settlement of the state’s economic damage claims caused by the 2010 Deepwater Horizon Oil Spill remain in Northwest Florida’s eight disproportionately affected counties.
“Our constituents are counting on us to ensure these critical settlement funds are distributed in a transparent manner,” said Senator Gainer. “This legislation requires all currently-held and future settlement payments to be transferred directly to Triumph Gulf Coast, Inc., where we have proper checks and balances in place to ensure accountability.”
Under current law, the eight disproportionately affected counties are to receive 75 percent of all economic damage settlement funds received by the state. Senate Bill 364 appropriates the initial settlement payment directly to Triumph Gulf Coast, Inc., and appropriates future settlement payments directly to Triumph Gulf Coast, Inc., no later than 30 days after they are received by the state.
“Triumph Gulf Coast provides Northwest Florida with a historic opportunity to create a comprehensive economic improvement plan and a pathway to complete recovery from the Deepwater Horizon Oil Spill. This legislation ensures we can begin that process in timely manner by transferring funds directly to Triumph Gulf Coast, Inc.,” said Senator Broxson.
The eight Florida counties disproportionately affected by the Deepwater Horizon Spill include: Bay County, Escambia County, Franklin County, Gulf County, Okaloosa County, Santa Rosa County, Walton County and Wakulla County.
“Families and businesses in our communities are still feeling the impacts of the Deepwater Horizon Oil Spill. This important legislation will make certain these critical settlement funds are allocated in a thoughtful and deliberative manner that will provide for ongoing and long-term economic recovery,” said Senator Montford. “Additionally, this legislation ensures that even our small disproportionately affected counties have representation on the Triumph Board.”
In 2013, under the leadership of former Senate President Don Gaetz (R-Niceville), the Florida Senate developed legislation (Senate Bill 1024), sponsored by current Senate President Joe Negron (R-Stuart), which created Triumph Gulf Coast, Inc. to ensure that economic damage settlement funds coming to the state would both benefit the eight disproportionately affected counties and be properly accounted for. Under this legislation, the Triumph Gulf Coast Board, chaired by former Florida House Speaker Allen Bense, is responsible for utilizing the settlement proceeds to promote job creation through lasting economic development.
Currently, the Speaker of the House of Representatives, the President of the Senate, the Governor, the Attorney General, and the Chief Financial Officer, each appoint one board member. Senate Bill 364 was amended today to expand the number of board members from five to seven. The President of the Senate and the Speaker of the House of Representatives will each appoint an additional private sector member from one of the four least populous disproportionately affected counties, so that two such counties are represented on the board.
Triumph Gulf Coast, Inc. is tasked to work with local governments to make awards to programs and projects that meet the priorities for economic recovery, diversification, and enhancement of the disproportionately affected counties. This includes economic development projects, grants to support programs of excellence that prepare students for future occupations, as well as infrastructure projects. The corporation is required to abide by the state’s public record laws and public meeting notice requirements.

Legislation to Reduce Criminalization of Adolescents Advances

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The Florida Senate Appropriations Subcommittee on Civil and Criminal Justice today passed Senate Bill 196, Juvenile Civil Citation and Similar Diversion Programs, sponsored by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe).
“In too many cases, we have become a society where law enforcement officers are brought in to referee the day-to-day challenges of raising children,” said Senate President Joe Negron (R-Stuart), who has made juvenile justice reform a top priority of his two-year term. “This legislation strikes an appropriate balance between public safety and decriminalizing the mistakes of adolescents.”
Senate Bill 196 requires a law enforcement officer to issue a civil citation or require the juvenile’s participation in a diversion program when the juvenile admits to committing certain first-time misdemeanor offenses including: possession of alcoholic beverages, criminal mischief, trespass, and disorderly conduct, among others.
“When young people commit serious crimes, there needs to be an appropriate legal penalty. However, there are many situations where youth are displaying lack of judgment and maturity, rather than serious criminal behavior,” said President Pro Tempore Flores. “This legislation ensures that we utilize other avenues that correct inappropriate behavior without stigmatizing our youth with a criminal record that could impact their future education and career opportunities.”
Under Senate Bill 196, a law enforcement officer must provide written documentation articulating why an arrest is warranted when he or she has the discretion to issue a civil citation, but instead chooses to arrest the juvenile.
The legislation also specifies that the option of the issuance of a civil citation or referral to a similar diversion program does not apply to a juvenile who is alleged to have committed, currently charged with, has plead guilty to, or has been convicted of a felony, or a misdemeanor offense arising out of an episode in which the juvenile is also alleged to have committed a felony.

Senator Bradley Introduces Legislation to Stabilize Workers' Compensation Rates

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Senator Rob Bradley (R-Fleming Island) today filed Senate Bill 1582, Workers’ Compensation Insurance. The legislation addresses a number of recent legal challenges and outlines reforms needed to bring stability to the workers’ compensation rates paid by Florida businesses.
“While I believe comprehensive legislation to overhaul the entire workers’ compensation system and reduce rates is our ultimate goal, the current cycle of enacting laws that impact businesses only to have those changes overturned by the courts creates instability for businesses that must be avoided,” said Senator Bradley. “My goal in filing this bill is to concentrate efforts on stabilizing rates and introducing more competition between insurers. The bill also incorporates recent court decisions to avoid costly and protracted litigation.”
The legislation filed today requires insurance carriers to authorize or decline requests for authorization from health care providers within three business days. The request is deemed authorized if the insurance carrier fails to respond. The bill also requires a claimant to state with specificity the amount of each requested benefit at issue in a petition, and requires judges of compensation claims to dismiss petitions that do not contain such specificity.
The bill amends statutes relating to temporary total disability benefits and temporary partial disability benefits from 104 weeks to 260 weeks, consistent with the Florida Supreme Court decision in Westphal v. City of St. Petersburg. In keeping with the Florida Supreme Court decision in Miles v. City of Clearwater, the bill deletes the prohibition against attorneys and others to receive a fee or other consideration unless approved by a Judge of Compensation Claims (JCC).
“Making meaningful comprehensive changes that can withstand judicial scrutiny should be the goal,” continued Senator Bradley. “This legislation incorporates significant provisions that will stabilize rates and bring Florida in line with 38 other states that encourage more competition among insurers and limit the amount of the insurer’s defense fees that can be passed on to businesses, while not subjecting businesses to a tug-of-war between the Legislature and the Judiciary.”
The legislation converts Florida to a loss cost state, similar to 38 other states that allow a rating or advisory organization to file the rates that are projected to cover losses. Under this system, insurers are required to file separately the remaining components of the rates needed to cover expenses and profit, known as loss costs multipliers, encouraging competition among insurers for the remaining components.
Attorney fees continue to be a major driver for rate increases and an effort to rein in those fees by the Legislature was overturned by the Florida Supreme Court in a 5-2 ruling last year. Therefore, the legislation retains the statutory fee schedule for setting claimant attorney’s fees but directs the JCC to consider factors in each case and allows the JCC to decrease or increase the attorney fee subject to a maximum hourly rate of $250. The legislation also provides that an insurer’s defense and cost containment expenses are excessive if they exceed 15 percent of the insurer’s incurred losses for the average of the three most recent calendar years. Each insurer must return amounts over 15 percent DCCE to employers via either a cash refund or credit toward the future purchase of insurance.

Senator Linda Stewart Files New Legislation Better Helping Disabled Floridians & Cracking Down on "Drive-By" Lawsuits

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State Senator Linda Stewart (D-Orlando) on Wednesday filed Senate Bill 1398 with Senator Dennis Baxley (R-Ocala) to create a voluntary program that promotes accessibility for the disabled, provides businesses with guidance on compliance with the Americans with Disabilities Act (ADA), and gives courts a tool to reject claims for attorneys’ fees and costs in “drive-by” lawsuits. The lawmakers will join State Rep. Tom Leek (R-Ormond Beach) to discuss the legislation on Friday, March 10, 2017 at 9:30 AM in the State Capitol’s House Media Room.
“We are taking key steps to ensure the Americans with Disabilities Act is used for the purpose for which it was intended—to protect our friends and neighbors with a disability, and not as a money-making scheme for unscrupulous attorneys,” said Sen. Stewart. “Florida’s small businesses will now have access to information and guidance that ensures they are taking proactive steps to accommodate anyone who wants to shop there.”
Drive-by lawsuits were recently the focus of CBS’s 60 Minutes, which highlighted the abuses of certain law firms that have sought out unsuspecting hotels, restaurants, and other local employers to file hundreds of frivolous lawsuits based on highly technical violations of the ADA. Violations can be as simple as misplaced signs or failing to include the words “Van Accessible” on parking signs. Senate Bill 1398 provides businesses with resources to increase accessibility for places of public accommodation and gives courts a tool to handle drive-by ADA lawsuits accordingly.
“This is good, common sense public policy that makes a real difference in our communities, and gives the ADA back to the people for whom it was written—Americans with disabilities,” said Rep. Leek, who filed House Bill 727 as a companion bill in the Florida House of Representatives.
“This bill is a big win for both the disability and business communities, and I am proud to stand behind it,” said Senator Baxley.

Senator Bradley Introduces Legislation to Increase Transparency in Education Funding

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Senator Rob Bradley unveiled legislation today to increase transparency in education spending by creating an easy-to-navigate tool that shows parents how much state, local and federal funding is provided for their child’s education.
“Florida invests nearly a third of the state’s total budget in education. Florida parents and taxpayers deserve access to easy-to-understand information about the average amount of funding dedicated to educating our students,” said Senator Bradley.
Senate Bill 1414 directs the Florida Department of Financial Services to create a parent-friendly online tool where users can view information about the average amount of local, state and federal financial resources generated to educate Florida’s students.
The tool would provide a per-student funding estimate based on responses to certain questions, including school district, grade level, whether the child qualifies for free or reduced-price meals, whether the child is identified as a student with disabilities, gifted, or an English language learner.
“This legislation brings Florida’s legacy of transparency and public accountability to our state’s school funding program,” continued Senator Bradley. “As a parent and a taxpayer, I believe we should ensure that all parents are able to access this important information.”
Florida invested a record $22.1 billion in education spending last fiscal year, including a record $7,178 per student. The 2017 Legislative Session convenes on March 7th in Tallahassee.

Sen. Darryl Rouson and Rep. Lori Berman file legislation to curb tobacco addiction among youth

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Senator Darryl Rouson (D-St. Petersburg) and Representative Lori Berman (D-Lantana) have introduced SB 1138 and HB 1093 in order to raise Florida’s tobacco sales age from 18 to 21.
The legislation promises to curb smoking rates, protect kids from a deadly addiction, and save lives and money. At current smoking rates, 270,000 Florida kids alive today will eventually die from tobacco-related illnesses. The bills would apply not only to cigarettes but also electronic dispensing devices, also known as e-cigarettes, as well as other tobacco products, such as chewing tobacco.
Tobacco use remains Florida’s leading cause of preventable death, killing roughly 32,300 Floridians annually. Each year, roughly 7,400 Florida kids under 18 become new daily smokers.
Raising the tobacco sales age to 21 would have the biggest effect on teens aged 15-17. The National Academy of Medicine predicts that increasing the national sale age to 21 would reduce smoking rates between this age group by 25 percent.
“This initiative is about addiction prevention,” said Senator Rouson. “By raising the smoking age to 21 we can prevent not only addiction, but also the dangerous and life-threatening side effects that come along with tobacco use.”
“I am hopeful that this bill will prevent our youth from taking up the tobacco habit,” said Representative Berman. “It is an addiction that causes serious health issues and costs our state a lot of money in the long run.”
Evidence suggests the adolescent brain is more susceptible to the addictive qualities of nicotine. Research by the U.S. Surgeon General indicates youth can become dependent on nicotine very rapidly and at lower levels of consumption than adults.
The tobacco industry targets young adults ages 18 to 21 because they know it is a critical time for solidifying nicotine addiction. The 18-21 age range is when most people transition from experimental tobacco use to regular, daily use. Big Tobacco spends an estimated $563.9 million annually in Florida to market their products.
“We know that smoking causes a wide range of health issues, including cancer,” said Matt Jordan, government relations director for ACS CAN in Florida. “If we can prevent life-long nicotine addiction by limiting young people’s access to cigarettes and other tobacco products, we can make a tremendous difference in improving overall public health in our state.”
If passed during the upcoming legislative session, Florida would be the third state to raise its tobacco sales age to 21. The policy also has been passed in at least 210 cities and counties nationwide.

Senator Tom Lee Files Legislation to Protect Florida's Seniors from Financial Fraud

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Senator Tom Lee (R-Thonotosassa) announced today the filing of the “Protecting Florida Seniors from Financial Fraud Act,” a piece of legislation devised to safeguard Floridians in Continuing Care Retirement Communities (CCRCs).
“Unfortunately, the conduct of a few bad actors, specifically the management of one CCRC in my community, has highlighted the need to increase oversight of these organizations,” Senator Lee said. “Current statute does not adequately protect residents and employees against facility insolvency, loss of provider assets, and loss of resident investments. It’s essential to address these issues to ensure CCRCs can fulfill their obligations to one of the most vulnerable segments of our population.”
There are 71 licensed CCRCs in Florida serving more than 31,000 residents. The Office of Insurance Regulation (Office) is responsible for regulating a CCRC’s financial solvency, residency contracts, and the disclosures made to prospective residents.
“So many seniors pour their life savings into the promise of one-stop care during their retirement years—care that CCRCs promise to them,” said CFO Jeff Atwater. “It’s shameful to see a few bad players misuse and abuse that money and promise, stealing their life savings and leaving them without a viable, long-term alternative. These common sense solutions will put added protections in place, and I support this consumer-centric legislation.”
The legislation, sponsored by Representative Cyndi Stevenson in the House, requires CCRCs to retain reserves to protect residents and their families, increases the Office’s authority to prohibit hazardous practices and transactions, streamlines the acquisition process to reduce the burdens on applicants, and creates an “impairment” framework to allow for earlier intervention to prevent harm to Florida consumers and their investments.
“Recent events have brought to light weaknesses in the CCRC industry and its regulation,” said Representative Stevenson. “I am introducing this legislation to strengthen the industry and protect residents. I’ve worked closely with the Office of Insurance Regulation, the CFO, and Senator Lee to craft a bill that balances the interests of residents and the needs of the industry, and that provides new authority to protect the substantial investments made and the long-term promises exchanged. The bill streamlines regulation while enhancing protections where they matter most.”
“The decision to join a CCRC represents a substantial investment of assets, time and trust for a resident and their family. I applaud Senator Lee and Representative Stevenson’s sponsorship of this important legislation to further strengthen protections for these residents by increasing financial safeguards and fixing provisions under current law that act as a deterrent to regulatory oversight for those with bad intentions,” said Insurance Commissioner David Altmaier.