Legislative Update

If you think your wallet is feeling empty this holiday season, you should see the state of Florida's budget. If that isn't depressing enough, campaign season has already begun for people seeking office in the Florida Legislature. Don't worry though, we can still look back at this year and laugh through the tears.

State Budget

Tallahassee Democrat - House, Senate face $2.4B budget shortage

Choice quotes from the article:

"The cupboard is not just bare," Rep. Dan Gelber, D-Miami Beach, said Wednesday. "The cupboard is gone."
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Sen. Burt Saunders, R-Naples, said he is telling constituents in Lee and Collier counties that "the odds are very, very slim that we'll have any money at all for local projects.

"It's pretty clear that we have extremely limited funds," said Saunders. "This is probably one of the worst budget years ever."
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"When the gavels go down, there are hundreds of millions of dollars to spend," [Senator Al]Lawson [D-Tallahassee] said. "I never get too excited about them telling me this, but what I'm concerned about is that they'll take care of the Republicans because there's an election year coming up."
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"If I can't ask for it with a straight face, I've got no business putting in for it," [Representative Dave] Murzin [R-Pensacola] said. "There will be community budget requests submitted with the understanding that there is no money to fund them, but politically it is better to at least ask for them."

Orlando Sentinel - The ins and outs from Tallahassee

More choice quotes:

"I've sent out two letters in the last few weeks to the organizations we've tried to help in the past," said Sen. Lee Constantine, R-Altamonte Springs. "I'm telling them, the money is not there. Unless you can convince a state agency to put your request in their budget, you're probably not going to get funded."
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Budget chiefs Sen. Lisa Carlton, R-Osprey, and Rep. Ray Sansom, R-Destin, are already playing the Grinch role. Setting a Jan. 4 deadline for accepting hometown requests, the pair recently sent a memo to lawmakers warning that lumps of coal were more likely this year than shiny new bikes.

Citing slumping tax receipts because of the stalled housing market, they wrote, "Given this reality, we advise that you not expect to receive any general revenue funding, either recurring or non-recurring, for community budget issue requests this coming session."

Legislative Races

Sun-Herald - State House District 72 race is heating up

It seems an aide for Representative Paige Kreegal's office was instructed to contact the employer of Keith Richter, a republican challenging Kreegal for office.

After university officials were tipped off that Richter's master’s degree was from an unaccredited diploma mill, he was demoted to teaching assistant. That tip came from Kreegel's office, specifically from his chief aide Barry Millman. Lehigh activist and Richter supporter Robert Anderson, president of the civic group Lehigh Acres Watchdog, was suspicious, and asked Kreegel's office for any e-mail communication with the university. Millman denied there was any. Twice.

“We have no records responsive to your request,” Millman responded, then “There is no further response forthcoming.”

Anderson wouldn't take no for an answer, however, and made the same request of House Speaker Marco Rubio. Rubio's office provided the e-mails, in which Millman questioned Richter's credentials. House counsel and investigators looked into the incident. A report issued in November says Millman points the finger at Kreegel.

“Millman stated he was told to do these things by Rep. Kreegel,” the report says.

House District 72 includes Desoto, most of Charlotte and part of Lee County. The republican primary for this seat is August 26, 2008.

The Democrat in the race is Judy Juliano - learn more about her via her website at: http://www.julianoforstaterep.org/

Tallahassee Democrat - Term limits could be a problem for Big Bend

House Districts 8, 9 and 10 are all up for grabs due to term limits.

Democrat Curtis Richardson who will be vacating district 8 has five Democrats vying for his spot: Anthony Viegbesie, Alan Williams, Sean Shaw and Hubert Brown and Rodney Moore.

Democrat Loranne Ausley will be vacating district 9 has three Democrats and one Republican vying for her spot: Fred Varn, Michelle Vasilinda, Willie George Johnson and republican challenger Peter Boulware.

Republican Will Kendrick (formerly a Democrat) will vacate district 10 with two Democrats and one Republican vying for his spot: Julie Conley, A.J. Smith and republican challenger Don Curtis.

Also, Senate District 3 will have a rematch between Republican Charlie Dean and his Democratic challenger Suzan Franks.

Just for fun

St. Petersburg Times - Luckily, no media frenzy erupted.

Columnist Howard Troxler has some fun with a round-up of (mostly fake) news from 2007 and here's a few quotes from his humorous reflections on what transpired this past year:

Jan. 29: Legislature votes to ask insurance companies "pretty please with sugar on top" to cut rates.
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Feb. 17:Rare fossils discovered by Pinellas student. School Board declares them to be 5,700 years old.
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March 21: Hillsborough Elections Supervisor Buddy Johnson announces new citizen-participation game, "Precinct Hide-and-Seek."
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May 4:Florida Legislature votes to hold 2012 presidential primary in 2008.

Don't forget, December 31st is the last day to register to vote in the January 29th primary.

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Legislative Update

The Florida Legislature may not be in session, but we've still got to keep an eye on the results of their handywork. Plus, we ought to be on the lookout for what they have in store for us next.

Property Tax

Herald-Tribune - 'Best' isn't good enough

The proposed property tax amendment might prove popular enough with voters in January to gain the 60 percent required for passage -- after all, the most significant monetary benefits would accrue to full-time resident homeowners, who are among the most frequent voters.

But the proposal and process that led to it fail the tests of good government and effective leadership. The amendment would not solve the most pressing problems related to property taxes,, yet it would compound other problems. Furthermore, it is designed to appeal to the self-interests of a specific group of taxpayers -- property owners with homestead exemptions -- at the cost of other taxpayers and with little consideration of the social and economic impacts statewide.

Tallahassee Democrat - This isn't reform

Right now, it's property taxes, but the bigger issue is that Florida is not a high-tax state. People move down here from high-tax states and, within a year or less, start complaining.

When he was governor, Bob Graham used to call Florida "a mistress state" that people visit for a good time, but they don't think of the old gal needing roads and prisons and schools and environmental protection - all the stuff they pay for back home.

We are a big, growing, diverse state with a strait-jacket revenue system based on a regressive, Swiss-cheese tax code. The sales tax, mainstay of our budget, is riddled with exemptions that were enacted not because they produce jobs or spur the economy, but because somebody hired the right lobbyists.

St. Petersburg Times - Tax reform failure

This is an amendment that takes what's wrong with the current property tax system and amplifies it. The unfair advantage long-time homeowners have over more recent home buyers would be extended. The shifting of the tax burden from homesteaded property to nonhomesteaded property would be exacerbated. And the cost for making matters worse would be indefensible.

Sun-Sentinel - Onus now on taxation commission to deliver real property tax reform

The onus now shifts to the state Taxation and Budget Reform Commission, which has a deliberative enough forum to address issues the lawmakers left undone — notably the glaring inequities in property taxes — and the teeth to either recommend substantial changes to the Legislature or ask the voters to amend the state constitution in other ways.

The question is, will they? The fact that the commission is considering school vouchers, coupled with the chairman's reluctance to tackle sales tax exemptions or other ideas to generate new revenue, is not reassuring. The commission must come up with more comprehensive ideas if Floridians are to expect a broader tax overhaul.

Budget

Tallahassee Democrat - Future budget outlook grim, economists say

If the the last round of budget cuts seemed painful, wait until next year, warns one of Florida's top economic forecasters.

"Clearly, no matter what, next year is worse than this in terms of the mismatch between expenditure needs and revenue," University of Florida economics researcher David Denslow said Thursday, following his testimony before the Taxation and Budget Reform Commission. The commission, which meets every 20 years, is considering tax issues to put on the November 2008 ballot.

Sun-Sentinel - Florida budget commission panel gets a shot at taxes too

The commission, which meets every 20 years, can put proposed constitutional amendments before voters. It has conducted hearings around the state and is ready to begin debating its ideas for how best to solve the problem of high property tax bills.

But the group was reminded by Jim Scott, a former Broward County commissioner and Republican state Senate president, that it is also responsible for reviewing budget issues. If the amendment proposed by the Legislature does pass, it has been estimated that the state's public school budget could lose more than $2.7 billion in revenue over the next five years.

Florida Taxation and Buget Reform Commission website has information on meetings and proposals.

Bloggers Weigh In

Mark Weaver - A progressive tax reform initiative

Benjamin Kirby - The mess the legislature left and call all new ideas on tax reform

Brian - Citizen involvement and tax policy

What's in store next session?

The legislature will be back in regular session beginning on March 4, 2008. So, assuming they don't schedule yet another special session, we have about 4 months before they start reeking havoc on us again.

Senate Bills for 2008 Regular Session

House Bills for 2008 Regular Session

State of Florida Three Year Revenue and Expenditure Outlook Fiscal Year 2008-09 - 2010-11. (PDF)

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Legislative Update

"As they say around the Legislature, if you can't drink their whiskey, screw their women, take their money, and vote against 'em anyway, you don't belong in office." - Molly Ivins

The Florida Legislature is still in session and will likely come back for yet another special session to deal with property taxes, never mind the fact that the costs of property insurance were people really need relief. Lets see what they're up to now:

Property Tax

Miami-Herald - Property Tax Reform and What it Means to You, News-Press - Two tales of Florida Tax Reform, Sun-Sentinel - Portability needs thorough review

St. Pete Times - Crist: Let's seize the moment with property tax deal

With the main players in general agreement over property taxes, a deal could be formalized in the next few days and lawmakers may begin deliberations by the weekend, Gov. Charlie Crist said Monday night.

"If you have consensus," he said, "why not seize the moment?"

Lawmakers will wrap up work on the budget Friday morning, and the hope is the special session could be simply extended rather than taking a break and reconvening later this month.

That would save travel expenses and build on the goodwill and momentum of an easier-than-expected budget-cutting session.

At the cost of $40,000 a day for the legislature to be in session, I hope they come up with a solution soon, but at the same time we shouldn't exchange thoughfulness for the sake of expediency.

Speaking of the Budget:

A couple weeks ago I wrote about the Council on Efficient Government, noting the irony of its name given that its designed to make outsourcing more efficient rather than government.

Anyway, during this "easier-than-expected budget-cutting session" the entity that that is in charge of making sure colossal outsourcing mistakes which have cost Florida taxpayers millions of dollars like the equally ironically titled "People First" personnel system and the "Aspire" accounting system is being subjected to cuts in the form of removing 5 positions.

As noted by Bill Cotterell of the Tallahassee Democrat:

Besides the human-relations and supplier-diversity offices, Rep. Loranne Ausley, D-Tallahassee, said she was especially worried about the proposed staff cuts of the new Council on Efficient Government. The council was created to prevent the kind of "outsourcing" fiascoes that have marked privatization of state personnel services, and problems with purchasing and accounting contracts.

No surprise there, the Republicans don't actually support fiscal responsibility or accountability, especially when it might impact the businesses that fill up their campaign coffers. It is about what it best for them, not Florida's taxpayers. We need more oversight on contracting and outsourcing, not less.

No really ...

Palm Beach Post - Pricey GOP consultant eludes state budget cuts

House Speaker Marco Rubio's House is paying former Jeb Bush budget chief Donna Arduin $10,000 a month, even though theres little evidence of any work being produced.

Most of Arduin's advice was provided verbally, [Rubio's spokeswoman, Jill] Chamberlin said. There is no log of those conversations, she said, but Arduin speaks with Rubio one-on-one as well as on conference calls and attends formal and informal meetings of legislators and staff.

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"She works every day," Rubio said Friday. "I talk to Donna all the time. And so does our staff and so do our members. She's been a valuable member of the team and a great adviser. I think one of the best decisions we made was to have her on board helping us."

Democrats wonder whether Arduin's value is to the state or just to Rubio and his particular ideology.

"Maybe she's worth $10,000 a month to him," said Rep. Susan Bucher, D-West Palm Beach. "But I really don't know that we're seeing a direct benefit. I've never had a conversation with her. I would be a member also. So if you're paying her contract with state dollars, it's questionable whether or not we all benefit."

While $10,000 is small change, it didn't stop Rubio's House from going after even smaller sums from the budget of the chief justice of the Florida Supreme Court, Nova Southeastern University, the Attorney General's Office and the Department of Corrections.

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Legislative Update

"Man is the only animal that laughs and has a state legislature." -- Samuel Butler

So what has our legislature has been up to:

PIP

Palm Beach Post - Florida Legislature passes PIP bill, Orlando Sentinel - PIP is back -- in 2008, Miami-Herald - No-fault insurance Q&A

The House Bill (13C) was passed by both chambers after a cap on lawyers' fees was removed and includes changes that legislators say are designed to reduce insurance fraud. Assuming Governor Crist signs the legislation, it'll take effect on January 1, 2008.


Budget

Sun-Sentinel - Senate OKs $1.1 billion in state budget cuts, News-Press - Budget talks winding up in state legislature, Sun-Herald - Budget trims looks easy for now, but 2008 could be rough

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Legislative Update

"No man's life, liberty or property is safe while the legislature is in session ..." -- Judge Gideon J. Tucker (1866)

Here's a roundup of what the legislature has been up to:

Property Tax

Sarasota Herald Tribune: Session Could Take a Detour

Three options facing the Legislature on property tax reform.

• Do nothing and hope an appeals court or the Florida Supreme Court reverses a Leon County judge's decision last month. The judge found that the Jan. 29 ballot language approved by the Republican-dominated Legislature in June unconstitutionally misled voters.


• Try to tweak the Jan. 29 ballot language to meet the judge's concerns. But a number of GOP lawmakers have reversed their support since June, making this a long shot.


• Move to a new plan. Options include doubling the homestead exemption, allowing homeowners to keep some accrued Save Our Homes tax savings if they move, reducing the tangible property tax for businesses or some combination of this or other ideas. But to get any plan on the Jan. 29 ballot, lawmakers need to act by Oct. 29 and pass any plan by a three-fourths margin. That gives Democrats – outnumbered nearly 2-1 in the Legislature – virtual veto power.

Budget Cuts

News-Press: Budget cut tussle begins: Dems say GOP plan won't fly

Senate Democratic Leader Steve Geller of Cooper City said most Senate Democrats will refuse to vote for the plan when it reaches the floor later this week.

Democrats want the cuts, which will largely fall on education and health care, to be at least partially offset with revenue increases, including an expansion of gambling and a rollback of tax breaks for special interests.

"For this special session, it's going to be a plan between the House Republicans and the Senate Republicans and it's not going to be one the Democrats can go along with," Geller said.

House Democratic Leader Dan Gelber of Miami Beach agreed.

"We've had the worst high school graduation rate for three consecutive years, and now we're going to take 300 million out of our public education base?" Gelber said. "It makes no sense."

St. Pete Times: Budget at hand, but minds on taxes

Democrats have threatened to vote no on budget cuts, complaining that Republicans won't debate alternatives, like ending old sales tax exemptions or more recent tax cuts passed during former Gov. Jeb Bush's tenure.

"Everything needs to be on the table," said Senate Minority Leader Steve Geller, D-Cooper City.

"That's not going to happen in this session," said Senate President Ken Pruitt, R-Port St.

Yeah, why discuss doing something like restoring the intangibles tax, which brought in $1.1 Billion in revenue to the state, when we could cut things like healthcare and education instead?

PIP

Tallahassee Democrat: PIP's return not if, but when

Heeding regulators who say they need time to handle changes to Florida's off-again, on-again mandatory medical coverage, negotiators said Wednesday they have agreed to a five-month delay in restarting Personal Injury Protection, as well as the state's no-fault law.

The restart date for PIP, under this proposal, would be February 15.

Government in the Sunshine?

Sun-Sentinel: Secrecy ushers in special session

Many lawmakers are openly critical of the unprecedented number of closed-door attempts at deal making that will ultimately determine what they vote on. Indeed, leaders didn't even announce the agenda for the session until Friday -- a task usually completed weeks in advance.
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House Democratic Leader Dan Gelber of Miami Beach was sharply critical of House Speaker Marco Rubio, R-West Miami, and Senate President Ken Pruitt, R-Port St. Lucie, who last week agreed to $790 million in budget cuts in a pact most lawmakers first learned about via e-mail.
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"I know it's easier to have a meeting when the public isn't there and when all the legislators who might disagree aren't there," Gelber said. "But, candidly, it's not better. It's not fair."

Learn more about Florida's Sunshine Law and Public Records Law. Are secret meetings part of the accountability that Marco Rubio keeps talking about?

I'm not a big sports fan, but

Florida Today: Legislators make way for football game

House and Senate members have a tight schedule to agree on $1 billion in budget cuts, made all the tighter because most of them will be booted out of town for the weekend. Tallahassee was long-ago booked for a Florida State University football game.

Hey, whatever its takes to get them out of town!

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Legisature in Session

"There is nothing that will upset a state economic condition like a legislature. It's better to have termites in your house than the legislature (in session)." Will Rogers - Radio broadcast, March 31, 1935

Our Florida Legislature will be in session for 10 days to tackle cutting the budget by $1 Billion and to address no-fault auto insurance - keep an eye on them.

Here's a sampling of the Republican proposals:

- cut $32 million from funds that help pay for health care for legal immigrants
- cut $54 million in hospital reimbursements for Medicaid patients
- cut $200 million in funds for public schools
- eliminate vacant positions, including 50 in the Florida Highway Patrol
- delay funding a $147.5 million teacher merit-pay program for a year
- increase tuition and fees for community colleges and universities

A few details about the cuts from the Proposed Special Appropriations Act:

$ amounts in Millions

Department of Education: $444.6
Healthcare Administration: $420.9
Persons with Disabilities: $11.5
Children & Familiy Services: $16.8
Elder Affairs: $17.3
Dept of Health: $2.9
Veterens Affairs: $.2
Department of Corrections: $68.8
Justice Administration: $12.7
Law Enforcement: $8
Legal Affais/Attorney General: $.5
Parole Admin: $.2
Agriculture and Community Services: $1.3
Community Affairs: $.4
Environmental Protection: $3.6
Workforce Innovation: $25.1
Business/Professional Regulation: $1
Fianancial Services: $7.6
Governor: $1.1
Highway Saftey/Motor Vehicles: $7.6
Legislative Branch: $8.7
Lottery: $1.2
Management Services: $3.4
Military Affairs: $1.3
Public Service Commission: $.1
Department of Revenue: $10.3
Department of State: $.5
State Courts: $7.7

For Further Research:

Senate Bills for 2007C Special Session

House Bills for 2007C Special Session

Appropriations Documents for Special Session 2007C

PIP Reform Proposal Documents

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Florida's Legislative Session Postponed

Legislative leaders announced that they are postponing the special session scheduled to begin September 18. A lack of consensus between the House, Senate and Governor on how to make the required budget cuts is to blame.

In the letter released by Senate President Ken Pruitt and House Speaker Marco Rubio, they indicate that no "agreement on a framework for action" has been reached, but state that they "remain confident that an agreement will be reached and that we will have a fall session."

See article in the St. Petersburg Times

Please sign Civic Concern's Petition pressuring the Legislature to act on PIP and Kidare: Sign Petition

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