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Senate honors Tuskegee airman on final day of session

Friday, May 3rd, 2013 by Dara Kam

Sen. Joseph Abruzzo, D-Wellington; Tuskegee Airman Cornelius Davis; Sen. Maria Sachs, D-Delray Beach

Tuskegee Airman Cornelius Davis, a 92-year-old Blountstown resident, posed for photos with Florida senators who honored him with a resolution on the final day of the 2013 legislative session.

Senate President Don Gaetz, R-Niceville, praised Davis, part of the group of the U.S. War Department’s experiment to prove blacks were able to serve as military pilots, for his heroism.

“You know the story. Mr. Davis and those with whom he fought broke the color barrier. They broke the records for skill and kills. And then they broke the teeth of the Nazi air fleet of the skies of Europe.
If you want to say that you’ve been in the presence of a hero, you were this morning,” Gaetz said before the chamber gave Davis a standing ovation.

Watered-down ban on texting and driving on its way to Gov. Scott

Thursday, May 2nd, 2013 by Dara Kam

It could soon be against the law to text and drive under a diluted ban on its way to Gov. Rick Scott.

Sen. Nancy Detert, R-Venice, asked her colleagues to support the House version of the bill (SB 52) despite a provision that prohibits a motorist’s cell phone records being used by prosecutors except in cases involving a crash resulting in death or personal injury. The Senate passed the measure with a 39-1 vote, with Sen. Joe Negron, R-Stuart, casting the only “no” vote.

For three years, the Florida House has refused to sign off on the texting and driving ban.
“For the first time ever they have a speaker over there that allowed them to speak on this bill. That was the good news. The bad news was I didn’t like what they said,” Detert said this afternoon.

Critics of the modified bill say it will make it harder for law enforcement to prove drivers were texting. The measure makes texting while driving a secondary offense, meaning drivers would have to be pulled over for something else in order to get a ticket for texting.

Drivers who do get ticketed for texting can voluntarily bring their own records to court to prove they weren’t breaking the law, Detert said.

“And frankly they probably won’t do that over a $30 ticket,” she said.

Sen. Maria Sachs, D-Delray Beach, asked if the amendment regarding the phone records “doesn’t take all the meat and potatoes” out of the bill, approved unanimously in its original version by the Senate earlier in the session.

But Detert said it was better to pass the ban instead of changing it and sending it back to the House where it could risk languishing before the session ends tomorrow.

“Basically this bill is still a good bill. It still will allow parents today to say to their kids don’t text while driving it’s against the law,” Detert said. “It really will save lives and it boils down to it’s either against the law or not.”

Senate signs off on Scott manufacturing tax break

Wednesday, May 1st, 2013 by Dara Kam

With less than 72 hours left in the session and two priorities of House Speaker Will Weatherford and Senate President Don Gaetz hanging in the balance, the Senate overwhelmingly approved a manufacturing equipment tax break, one of just two items on Gov. Rick Scott’s wishlist.

The modified tax break approved by a 37-3 vote late Wednesday would exempt manufacturers from paying sales tax on manufacturing equipment for three years. Scott’s original proposal would have cost the state about $100 million per year, but the plan approved by the Senate would shrink that to about $18 million, according to the amendment’s sponsor, Sen. Dorothy Hukill, R-Port Orange. Senate Democratic Leader Chris Smith of Fort Lauderdale and Democratic Sens. Jeff Clemens of Lake Worth and Arthenia Joyner of Tampa voted against it.

“(Scott’s) had modest requests this session. I think we need to get behind him,” Sen. Rob Bradley, R-Fleming Island, said before the vote.

Lawmakers moved closer to Scott’s other priority – a $2,500 across-the-board pay raise for teachers – yesterday.

Meanwhile, Scott has until midnight tonight to act on two of the GOP leaders top priorities: ethics and campaign finance measures.

Scott has repeatedly voiced concerns about the campaign finance changes, pushed by Weatherford, which would increase current $500 campaign contribution limits for statewide candidates like Scott, who is running for reelection, to $3,000 and to $1,000 for legislative and local candidates.

Son of man injured by Palm Beach County school bus calls on lawmakers to approve settlement

Wednesday, May 1st, 2013 by Dara Kam

David Abbott is making a last-ditch effort to get lawmakers to save his father’s life.

Abbott set up easels with photographs of his father, Carl Abbott, on the fourth floor of the Capitol rotunda Wednesday afternoon as the clock winds down until the legislative session ends on Friday.

Abbott says the clock is ticking on his father as well.

Carl Abbott desperately needs the $1.9 million the Palm Beach County School Board agreed to pay him when he was run over by a school bus in 2008, Abbott’s doctor said in a letter to House Speaker Will Weatherford, R-Wesley Chapel, and Senate President Don Gaetz. The money, that the Legislature has withheld for three years, would enable Abbott to get rigorous medical treatment to regain some semblance of a normal life. Without it, “his life expectancy will in all likelihood be reduced,” Dr. Pierre Deltor wrote.

The Senate is refusing to act on any claims until the system is reformed and an attempt by a House committee to revamp the system went nowhere this year.

“Reform is not my issue. Getting my dad the help he needs is the issue. It’s my only concern. Reform is going to take years. My dad doesn’t have the time to wait,” Abbott said Wednesday.

When asked about Abbott’s bill last week, Gaetz said he was unaware of the specifics of his case and called the 72-year-old North Palm Beach man’s condition a perfect example of why reforms are needed.

“That’s tragic. That makes it all the more important that we have a claims bill process that does not rely upon who the lobbyist is or what the emotion is and doesn’t make the Senate into a finder of fact,” Gaetz said.

Under the principle of “sovereign immunity” the state limits the amount people can collect from the government for wrongdoing. The only way around what is now a $200,000 cap is persuading the Legislature to lift it. Critics of the system, including Gaetz, say the system is flawed in part because powerful lobbyists have too much influence – and make too much money – in the process.

David Abbott said he was aware of Gaetz’s opposition to the claims bills process but traveled from Palm Beach County to Tallahassee anyway to make Gaetz and Weatherford aware of his father’s situation.

“The squeaky wheel gets the grease,” he said. “My dad’s a victim here. He was a victim when he was hit by the school bus. And now he’s a victim because he can’t get the help he needs.”

DNC Chair Wasserman Schultz: Scott, Weatherford legacy will be ‘sickness, illness and death’

Wednesday, May 1st, 2013 by Dara Kam

Sen. Maria Sachs, DNC Chairwoman Debbie Wasserman Schultz and Florida Senate Democratic Leader Chris SmithDemocratic National Committee Chairwoman Debbie Wasserman Schultz blasted Gov. Rick Scott for failing to use his clout to push the House to approve a Medicaid expansion that could cover 1 million uninsured Floridians.

The U.S. congresswoman from Weston also accused House Speaker Will Weatherford and the GOP-dominated House of “slavishness ideological dogma” behind their rejection of the Senate plan crafted by Sen. Joe Negron, R-Stuart.

“Sickness, illness and death…will be their legacy,” Wasserman Schultz told the Senate Democratic Caucus this morning.

Wasserman Schultz, a one-time Florida legislator who served in both the state House and Senate, also blamed Scott for “having a deathbed conversion” about the Medicaid expansion and failing to use his bully pulpit to push the House to pass it.

With three work days left until the legislative ends on Friday, Scott has focused primarily on his two priorities – $2,500 across-the-board pay raises for teachers and a manufacturing equipment tax break – and is scheduled to work from 8 a.m until 2:30 p.m. today, including photo opportunity for the last half hour of the day.

The final week is “the most frenzied, intense time of the entire legislative session,” Wasserman Schultz said.

“The governor and his staff should be in the trenches working the phones, working the halls, doing everything they can to pass their priorities,” she said. “It’s just demonstrative repeatedly of his utter lack of leadership.”

Scott, who is running for reelection, is “trying to have his cake and eat it, too” by publicly supporting the proposal to provide health insurance for the poor, which has broad support from voters, but doing nothing to force the House to act, Wasserman Schultz said.

“Leaders take the initiative. They don’t wait to be asked. We’ll need to elect somebody else.”

She sidestepped a question about whether former Gov. Charlie Crist, a Republican-turned-independent-turned-Democrat, would be a better replacement.

“I have no idea and I’m not here to talk about that,” she said.

Wasserman Schultz also praised Florida House Democrats for “rightfully” slowing down the session with a procedural maneuver forcing all legislation to be read in full in retaliation for the GOP’s refusal to support the Senate Medicaid plan.

Former U.S. Sen. Bob Graham, who also served as governor, also appeared at the Senate Dems meeting this morning.

He congratulated them for joining with several GOP lawmakers to defeat a controversial “parent trigger” bill and a pension overhaul for state workers.

Teachers may not have to wait until 2014 for raises

Tuesday, April 30th, 2013 by Dara Kam

Teachers may not have to wait to get performance-based raises included in the state budget, according to Senate President Don Gaetz.

Gov. Rick Scott had wanted $2,500 across-the-board pay raises for teachers. House and Senate budget leaders this weekend agreed to $480 million for raises but with some limitations. Teachers graded “effective” will be eligible for a $2,500 pay raise, beginning in June 2014. Those rated “highly effective” would be eligible for $3,500.

Gaetz, R-Niceville, said Senate budget conforming bills due out later this week will make it clear that pay raises can be based on a “formative” teacher assessment instead of one based on student performance that won’t go into effect until 2014 and that would have held up the raises.

“In my experience as a school superintendent, we were able to evaluate students and evaluate effective teaching based not just on summative assessments at the end of a school year but based on formative assessments as we go along,” Gaetz, a former Okaloosa County superintendent, told reporters late Tuesday afternoon.

“As far as I’m concerned, teachers who earn their increases in pay ought to be able to get them as soon as school districts develop a plan to do so, collectively bargain that plan with their unions, submit the plan to the commissioner of education and have it confirmed,” he said.

Gaetz blamed Scott for the delay.

“We simply followed the governor’s proposal as to the timing of the pay increase…But I’m sure that the governor didn’t mean to unnecessarily delay the pay increase,” he said. “My hope is we ought to go forward and give Florida teachers the pay increase that they deserve especially because we have a pay increase…which is based on performance.”

Senate tie vote kills parent trigger for the second year

Tuesday, April 30th, 2013 by Dara Kam

For the second year in a row, the Florida Senate killed a controversial “parent trigger” measure that would have given parents of students at failing schools a greater say in turning the schools around.

Six Republicans joined with the 14 Senate Democrats in the 20-20 tie vote after more than an hour of heated debate on the measure (HB 867).

Sen. Bill Montford, a Tallahassee Democrat and former school superintendent, said parents already have the ability to make their voices heard.

“The issue is how do we get parents interested in the options already available to them. This bill will not help that,” Montford said. “I hope a year form now…we’ll spend this much time and energy trying to find a way to get our parents meaningfully involved.”

The bill voted down on Tuesday was a watered-down version of a similar measure that died on a tie vote in the Senate last year.

The proposal would have allowed parents to sign a petition supporting specific turnaround options for schools that received an “F” grade two years in a row. But the Senate amended the bill yesterday afternoon, giving the school board the final say the turnaround options. A companion bill approved by the House, similar to last year’s plan, would have given the state Bpard of Education to choose the options, which include turning the school over to a private management company or for-profit charter school.

The state’s teachers unions and PTA groups opposed the bill.

“The second time around is just as sweet as the first,” said Andy Ford, president of the Florida Education Association.

Sen. Jeff Clemens, D-Lake Worth, said his city turned an “F” school into a “B” school while was Lake Worth mayor.

“Never once…did we think we should…hand it over to a corporation to run,” he said. The school’s grade improved not by “turning it over to some corporation,” Clemens said. “It was by getting involved.”

But Sen. David Simmons, who sponsored the amendment giving the school board the ultimate decision in what happens to the failing school, said Democrats were arguing against a bill that didn’t exist.

The bill was changed to “eviscerate the argument” that the measure “was a Trojan horse where the corporate organizations are going to take over.,” Simmons, R-Altamonte Springs, said. “That’s just simply not true.”

Sen. John Thrasher, R-St. Augustine, argued that the bill is about “one word – trust,” saying “we ought to trust the parents, the parents who are directly involved in these schools.”

But Sen. Nancy Detert, a Venice Republican, objected that Florida already has more choices to turn around the failing schools and the bill does not create any new ones.

“Not one parent ever called me to support this bill. And if it’s the “Parent Empowerment Act” then why is the PTA lobbying so heavily against this bill? I don’t know who these parents are…Why are we doing this?
I don’t know. Who benefits? I don’t know.”

GOP Sens. Miguel Diaz de la Portilla, R-Miami; Rene Garcia, R-Hialeah; Charlie Dean, R-Inverness; Greg Evers, R-Baker; and Jack Latvala, R-St. Petersburg, joined Detert in voting against the measure.

Visitors in the public gallery erupted in cheers after the tie vote, eliciting a stern rebuke from Senate President Don Gaetz, R-Niceville.

“If there are any more outbursts for or against any bill I will clear those galleries. You understand? Thank you,” Gaetz said.

Why the Senate president voted against the stadium deal

Monday, April 29th, 2013 by Dara Kam

As NFL Commissioner Roger Goodell and Miami Dolphins owner Stephen Ross peered down into the chamber from the public gallery late this afternoon, Senate President Don Gaetz pushed the red button rejecting a deal that could steer taxpayer money to refurbish the stadium.

Gaetz, a Niceville Republican, said he voted against the bill (SB 306) “because I have to go home to Northwest Florida.”

The deal signed off on by the Senate on Monday did not include a provision in an earlier version of the bill that would have eliminated a tax break for foreign banks in exchange for the professional sports franchises tax incentive.

That was “one of the better things about the arrangement,” Gaetz said.

Even that would not likely have coaxed a favorable vote, however, Gaetz told reporters.

While the bill is “a whole lot better” in other ways, Gaetz still doesn’t like the idea that there’s nothing in it that offsets the cost to the state for what could be millions of dollars – up to $13 million a year – in tax breaks.

The Department of Economic Opportunity would have to rank the teams and give the recommendations to the Legislature, who would have the ultimate say, meaning “they’re not being handed out on the basis of who had the best lobbyist,” Gaetz said.

But he said that without swapping the tax break on foreign banks there isn’t “a way to actually pay for the tax incentives. And I wish there would have been.”

NFL commish, Dolphins owner Stephen Ross watch as Senate approves stadium deal

Monday, April 29th, 2013 by Dara Kam

NFL Commissioner Roger Goodell and Miami Dolphins owner Stephen Ross

National Football League Commissioner Roger Goodell, Miami Dolphins owner Stephen Ross and team CEO Mike Dee looked on from the public gallery as the Florida Senate signed off on a plan to help the team get taxpayer money to renovate the stadium with just days left in the 2013 legislative session.

The power players worked the Capitol in behind-closed-doors meetings with House Speaker Will Weatherford, R-Wesley Chapel; Senate President Don Gaetz, R-Niceville; and Gov. Rick Scott before the Senate’s 35-4 vote, the last thing the Senate did before adjourning for the evening. Gaetz voted against the measure (SB 306).

Goodell said he came to Tallahassee to “demonstrate my support” for the deal, which would make the stadium eligible for tax breaks for the $350 million upgrade if Miami-Dade County voters approve. Early voting on the referendum began today.

“This is important for the NFL,” Goodell told reporters after the vote. “We all are working hard to get the stadiums improved. I think the deal that’s structured here is very intelligent and I wanted to demonstrate my support.”

The taxpayer-backed upgrades could boost Miami’s shot at hosting the Super Bowl, Goodell said.

“When you have a better facility, that’s an important element and going to improve your chances,” he said.

During debate on the measure, Sen. Rene Garcia, R-Hialeah, argued against the plan, saying it “allows millionaires and billionaires to tap into taxpayer dollars.”

Goodell said he disagrees.

“This bill is structured in such a way as to creative investment in communities and create additional revenue going forward. I think that’s a very positive thing. I think this is a very intelligently structured deal,” he said.

The stadium upgrade doesn’t guarantee a future Super Bowl because the site is selected by the 32 NFL team owners, Goodell said.

But, he said, the stadium is a major part of the application.

“That’s a big element. And this is going to clearly improve that application, which improves the chances dramatically,” Goodell said.

Under the proposal, professional sports franchises that meet certain criteria would be eligible for up to $13 million a year in tax breaks if they can demonstrate that they can generate at least that much in sales taxes and if local voters first approve. The state Department of Economic Opportunity would have to first sign off on the plan, which would then require legislative approval. Teams have to show that they will attract out-of-state tourists, and the plan would have to be reviewed every five years.

“If you don’t raise the money in the time period…you have to pay it back,” said Sen. Andy Gardiner, R-Orlando. “This is not giving anyone anything. This is telling someone you have to make money with this money and you have to give it back to the state of Florida. So I don’t see this as welfare to billionaires.”

The Dolphins stadium tax break is far from a done deal, however. The House has to also agree to the plan before the session ends on Friday, and Weatherford has expressed doubt about it. Scott has also said he wants strict safeguards included to protect taxpayers’ money.

Expedited death penalty process on its way to Gov. Scott

Monday, April 29th, 2013 by Dara Kam

Death Row inmates would get executed faster under a measure on its way to Gov. Rick Scott’s desk.

The Senate approved the bill (HB 7083) with a 28-10 vote this afternoon despite the objections of some Democrats who said the fast-tracked process is risky.

The “Timely Justice Act,” approved by the House last week, creates shorter time frames for death penalty appeals and take away the governor’s discretion about when to order an execution.

If Scott signs the bill or allows it to become law without his approval, 13 Death Row inmates would fit its criteria, meaning the governor who has signed nine death warrants in the 29 months since he took office would have to order 13 executions within six months.

Sen. Joe Negron, the bill’s sponsor, said the changes are necessary to bring justice to victims. The average length of time between arrest and execution in Florida is 20 years, and 10 Death Row inmates have been awaiting execution for more than three decades, Negron said before the vote.

The delay makes “a mockery of the court system,” Negron, R-Stuart, said. Court and jury decisions “at some point…needs to be carried out.”

But Sen. Maria Sachs, D-Delray Beach, argued that speeding up the process could result in the execution of innocent people.

Twenty-four Florida Death Row inmates have been exonerated, the most of any state in the nation.

“Once the execution is completed, it’s over. There’s no going back,” Sachs, a former prosecutor, argued. “I don’t see the reason for the swiftness especially with DNA evidence that can exonerate.”

Florida is the only state in the nation that allows a simple majority of the jury on capital cases. Critics of the bill had tried to change it to require a 10-2 majority of the jury as Alabama requires. All other states with the death penalty require unanimous jury decisions.

Sheriff Bradshaw gets $1 million for violence prevention unit

Monday, April 29th, 2013 by Dara Kam

House and Senate budget leaders have awarded Palm Beach County Sheriff Ric Bradshaw $1 million for a new violence prevention unit aimed at preventing tragedies like Sandy Hook from occurring on his turf.

It’s just one-third of what Bradshaw had sought from the Legislature, but it’s a ten-fold bump from what was originally in the budget before House and Senate budget leaders finalized the state’s $74 billion budget this weekend.

Bradshaw wants to use the money for a 15-person “prevention intervention” unit made up of five deputies, five mental health professionals, five caseworkers and a 24-hour hotline where citizens can report neighbors, friends or family members they fear may harm themselves or others.

Bradshaw told lawmakers last month he hopes the hotline and the unit can stop potentially dangerous people before they act out.

Bradshaw’s proposal is a first-of-its-kind in the nation, and he hopes it will become a model for the rest of the state like his gang prevention and pill mill units.

It’s part of the magical budget conference process where House and Senate budget negotiators hash out their differences that items can get increased. In Bradshaw’s case, both the House and Senate had included $100,000 in the criminal justice budget. But over the weekend, Senate budget chief Joe Negron, R-Stuart, added another $450,000 in the Senate’s “supplemental budget” list and his House counterpart Seth McKeel, R-Lakeland, added the same amount.

The proposal still needs the blessing of Gov. Rick Scott, who has a line-item veto authority.

Budget chiefs sign off on state worker pay raises

Saturday, April 27th, 2013 by Dara Kam

After six years without a raise, state workers will have a little more money in their pockets under salary increases signed off on by House and Senate leaders Saturday evening.

Under the plan, state employees who earn less than $40,000 will get a $1,400-a-year pay hike. Those earning more than $40,000 will see $1,000 increases. The average state worker salary in 2010 was about $48,000, but that includes highly paid employees such as university presidents and agency heads.

Senate budget chief Joe Negron, R-Stuart, said the $1,400 raises, about 3 percent, will go to the bulk of the state’s nearly 100,000 workers, who he said earn less than $40,000 a year.

The deal also includes one-time bonuses based on merit and performance of between $500 and $600 for about 35 percent of state workers, Negron said.

“Both sides wanted to recognize the fact that our coworkers in state government not only here in the Capitol but all throughout Florida work hard every day. We appreciate their contribution to state government to our fellow citizens,” Negron said at a Saturday evening meeting with his House counterpart Seth McKeel, R-Lakeland.

State workers last got a pay bump in 2007 with $1,000 bonuses. Their last salary increase was a 3 percent hike the previous year.

The latest deal inched lawmakers closer towards closing out negotiations over the $74 billion budget before the session ends on Friday. Gov. Rick Scott’s spending plan had included merit-based raises only. And lawmakers still haven’t conceded to his demand for $2,500 across-the-board hikes for teachers.

Negron also did a turn-around on what was considered to be a settled item regarding license tags. Last night, the House and Senate agreed to put out to bid a contract for the tags which have been manufactured by PRIDE, a private company that uses inmates, for the past three decades. The House had wanted Prison Rehabilitative Industries and Diversified Enterprises Inc. to keep the contract.

But Saturday morning, Negron said the Senate changed its mind thanks to intense lobbying by some of his colleagues.

“One of the benefits of the conference process is it enables all of us to take a final look at each of these issues and get input from members of the conference both from those who are able to be here in person and also those who are able to talk to us by phone,” Negron said.

He said “a number of senators” called to say that PRIDE has “a long and distinguished track record of working with inmates helping them to gain employment skills, life skills and other things they will need when they complete their sentence to become productive members of society who can get and keep jobs.”

Negron didn’t elaborate about the availability of post-incarceration license tag-producing jobs.

Negron and McKeel were expected to meet late Saturday evening to discuss water and beach renourishment projects.

Strippers, booze and slots soon to be off-limits for welfare recipients

Friday, April 26th, 2013 by Dara Kam

Florida welfare recipients won’t be allowed to use state-issued debit cards at strip joints, liquor stores or casinos under a bill on its way to Gov. Rick Scott, who is certain to approve the measure.

The Florida Senate unanimously approved the measure with no debate this morning.

House sponsor Jimmie Smith, R-Inverness, says the bill (HB 701) is needed to comply with a federal law banning the use of Temporary Assistance for Needy Families, or “TANF,” at liquor stores, gambling locales or places that specialize in adult entertainment, including porn shops. Smith said needs to act before Feb. 14 or risk losing out on 5 percent of the funds for the program.

The bill (HB 701) which bans the state’s poorest-of-the-poor from using the debit cards at liquor stores, adult entertainment establishments – including porn shops – and other gaming establishments.

“This is a victory for Florida taxpayers who can now know that their hard-earned tax dollars are truly being used to help needy families get back on their feet so they can become independent and self-sufficient,” Florida Department of Children and Families Secretary David Wilkins said in a statement.

The federal “Middle Class Tax Relief and Job Creation Act of 2012” requires states to maintain policies to prevent cash assistance “from being used in any electronic benefit transfer transaction in any liquor store; any casino, gambling casino, or gaming establishment; or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.”

TANF recipients receive debit cards, or “EBTs,” which they can use to get cash from ATMs or to make purchases. Unlike food stamps, there are no restrictions on what items can be bought with the cards.

A year before the federal law was passed, a Florida representative proposed similar restrictions in response to a television expose, later substantiated by state officials, that found that of 1.3 million transactions totaling nearly $202 million over a two-year period in Florida, about $93,000 was drawn at places with liquor licenses, strip clubs or gambling sites.

Crank it up! Florida Senate kills ban on loud car music

Friday, April 26th, 2013 by Dara Kam

Drivers can continue to crank up the volume as loud as they like after the Florida Senate killed an attempt to revive a ban on loud music on a tie vote.

Some lawmakers wanted to reinstate a 1990 law struck banning drivers from blasting radios, tape decks or other devices at a volume that can be heard 25 feet away or more. The Florida Supreme Court last year struck down the law, ruling that it is unconstitutional.

This year’s proposal tweaked a problem in the law that included an exemption in the noise ban for vehicles broadcasting commercial or political messages, such as ice cream trucks or campaign vehicles. The ban violates the First Amendment by restricting certain kinds of speech while not restricting others, the court found. The latest plan would have expanded the ban to all types of vehicles.

The 19-19 vote on the measure (SB 634) came after an at-times tongue-in-cheek debate on the merits of rocking out in your car.

Sen. Miguel Diaz de la Portilla, R-Miami, called the proposal a “crime prevention” measure because when loud music rattling car windows at times “makes you want to kill somebody.”

The measure would have made playing loud music a primary offense, which rankled Sen. Rene Garcia, R-Hialeah. Lawmakers just approved a measure that would make texting and driving a secondary offense, meaning drivers could only be penalized if they are pulled over for something else.

“That kills people. This doesn’t kill anyone,” Garcia objected.

Sen. Nancy Detert, R-Venice, sponsored the texting and driving ban and spoke against the noise prohibition.

“It’s life. I don’t intend to pass a law that says you can’t ruin your own hearing if you want to,” she said.

And Sen. Audrey Gibson, D-Jacksonville, said making the prohibition a primary offense could open the door for giving law enforcement an opportunity to harass youngsters.

“Twenty-five feet is such a short distance to end up pulling over one of our young people and then something else escalates,” Gibson said. “You all remember when you were growing up maybe when you got your first car and you turned that radio up a bit, turned it up a little bit more.”

But Sen. Wilton Simpson, said that the loud music can be a distraction that can keep drivers from hearing ambulance sirens.

“This is a serious bill with serious implications,” he said.

Wine kegs rolling to Gov. Scott

Thursday, April 25th, 2013 by Dara Kam

Photo: Christy Waldner/Micro Matic USA

Oenophiles may be able to get their favorite libation on tap if Gov. Rick Scott signs off on a measure unanimously approved by the Florida Senate today.

Florida and Utah are now the only two states to ban wine on tap. The Sunshine State ban is rooted in a Prohibition-era regulation capping the size of wine containers at 3 liters.

Proponents of the measure say it’s good for consumers, good for a Florida manufacturer that makes the keg taps and good for the environment because the reusable kegs hold the equivalent of 26 bottles of wine, glassware that would otherwise wind up in the dump.

The National Restaurant Association last year tapped the wine kegs as the hottest thing happening in the wine world.

The “kegerators” keep wine fresher than recorked bottles, according to the manufacturer of the kegs.

Scott will have seven days to act on the measure (HB 623) if he receives it before the session ends on May 3. The bill would go into effect on July 1 if Scott does not veto it.

Florida bans drones to keep cops from spying on citizens

Thursday, April 25th, 2013 by Dara Kam

Rep. Ritch Workman, Gov. Rick Scott, Sen. Joe Negron


Police, sheriffs and other law enforcement agencies won’t be able to use drones to spy on Floridians except in special emergencies under a new law that goes into effect on July 1.

Gov. Rick Scott signed into law the “Freedom from Unwarranted Surveillance Act” today as the bill’s sponsors – Sen. Joe Negron, R-Stuart, and Rep. Ritch Workman, R-Melbourne – looked on. The new law goes into effect on July 1.

Negron, the powerful Senate budget chief and a professed libertarian, said the prohibition is necessary to protect Floridians’ privacy.

“A lot of times legislators react to events rather than set ground rules before the events occur,” Negron told reporters. “There’s an industry that wants to sell hundreds of thousands of these drones all over the country. Before they’re up in the sky hovering around monitoring people in their cars and their backyards, I think it was a good idea to say here’s the rules we’re going to have in Florida on that. I think that we’re right on time to make sure that we protect people’s privacy.”

When asked if the law is necessary, Scott said: “The real need for this is the fact that we want our own privacy. We believe in the Fourth Amendment.”

The bill includes exceptions allowing the use if:
_ The secretary of the U.S. Dept. of Homeland Security decides a high risk of a terrorist attack exists;
_ Sheriffs, police or other law enforcement agencies first obtain a search warrant;
_ A law enforcement agency has reasonable suspicion that swift action is necessary to prevent imminent danger to life, such as to search for a missing child or stop the escape of a suspect.

The state’s sheriffs wanted to allow the drones to be used to monitor large-scale public events such as the Super Bowl. But Negron refused to budge on the issue.

“There’s exceptions. The House and Senate worked with law enforcement to make sure we can do the right thing in times of emergency, if there’s safety, things like that. But look, I believe in privacy,” Scott said.

Senate rolls back vehicle fees, nixes insurance industry tax break

Wednesday, April 24th, 2013 by Dara Kam

Florida vehicle registration renewal fees would be rolled back – a savings of about $12 for drivers – under a measure unanimously approved by the state Senate this morning.

The state would make up the lost money – between $220 million and $230 million – by doing away with a decades-old tax break to insurance companies. Insurers who pay a state tax on insurance premiums get a rebate worth 15 percent of the salary paid to their workers.

Senate budget chief Joe Negron, who hatched the plan, told the chamber that insurance companies have prospered in Florida since the 1987 tax break went into effect. Lawmakers hiked the vehicle fees in 2009 as part of a budget-cutting exercise prompted by a prolonged dip in the state’s revenue collections. But the state’s financial situation is more robust this year, and lawmakers for the first time in several years have more money to spend.

The proposal makes a number of reductions in fees or taxes on vehicles, including:
_ Cuts $5 tax on new vehicle registrations in half to $2.50;
_ Decreases from $1.50 to $.50 fee charged for reflective material on tags and stickers;
_ Cuts in half the $4 “surcharge” on licenses.

Negron’s proposal, which doesn’t have a House companion yet, reduces the fee increases by 55 percent and would result in about $250 million going from insurance companies “into the pockets of hardworking Floridians,” he said.

The tax break has saved insurance companies more than $3.4 billion since it went into effect, Negron argued.

“I want them to be prosperous so they can collect premiums and pay claims,” Negron, R-Stuart, said. “But in looking at this tax break, from 1989 through today that has been worth $3.34 billion that we have subsidized the labor costs of the insurance industry…But as we sit here in 2013, I personally believe…we should take this opportunity..to do something for the men and women we represent.”

Insurance and business lobbyists opposed the measure, suggesting that doing away with the tax break could chase companies away or keep others from relocating in the state.

But Sen. Jeremy Ring, a Margate Democrat, who described lobbyists’ rhetoric as “there’d be Armageddon if this passed,” said “it’s nice to finally call a bluff.”

But Sam Miller, executive director of the Florida Insurance Council, said the tax credit has helped produce jobs.

“It is not clear that repeal of the credit won’t endanger job creation. The state should move cautiously and be sure,” Miller said.

- The Associated Press contributed to this report.

Deal on campaign finance, ethics doubles contributions

Wednesday, April 24th, 2013 by Dara Kam

Florida House and Senate leaders have reached a deal on campaign finance and ethics reforms, Senate Ethics and Elections Committee Chairman Jack Latvala announced on the floor this morning.

The agreement doubles the current $500-per-election cycle campaign contribution limit for local and legislative candidates and hikes the limit to $3,000 for statewide candidates and Supreme Court justices up for merit retention.

The bill (HB 569) also does away with committees of continuous existence, or “CCEs,” and replaces them political committees that can accept unlimited contributions.

The ethics and campaign finance reforms are the top priorities of House Speaker Will Weatherford, R-Wesley Chapel, who wanted the campaign changes, and Senate President Don Gaetz, R-Niceville.

The Senate had balked at raising the contribution limits after Gov. Rick Scott, who spent more than $70 million of his own money financing his 2010 campaign for governor, indicated he did not support lifting the caps.

But Latvala, R-St. Petersburg, said Wednesday his chamber agreed to the changes to get the House to pass the ethics proposal.

The new campaign limits put back caps in place before lawmakers imposed the lower amounts at the urging of the late Gov. Lawton Chiles in 1992.

Latvala called the deal far better than the original House plan, which would have hiked the contribution limits to $10,000.

“You’re not going to be able to take money out of politics,” he said.

A U.S. Supreme Court decision allowing corporate money to flood campaigns with cash means that “we are heading in the direction of unlimited money in politics,” Latvala, a veteran campaign consultant, said. “So the best we’re going to be able to do in the long run is provide the transparency to go with that, to have good reporting.”

The measure would also require more reporting of campaign finances, including daily reporting in the final week leading up to an election “where a lot of the monkey shines go on,” Latvala said.

The proposal would also allow candidates to “rollover” $20,000 after a campaign ends and hold onto that amount for up to two years.

Palm Beach County Democratic Sens. Jeff Clemens of Lake Worth and Joseph Abruzzo of Wellington cast the only “no” votes in the 37-2 tally.

“I couldn’t see myself going back to Palm Beach County and telling people that I voted to double the campaign contribution limits. I think that puts more money in the system and that’s the opposite direction that people want us to move in,” Clemens said.

And, he said, the allowing candidates to carry over $20,000 “puts challengers at a tremendous disadvantage.”

Lawmakers are expected to take final votes on both measures today and send them to Scott, meaning he would have just seven days to act on the bills. Scott has 15 days to act on bills received after the legislative session ends.

Hammer: NRA will not ‘be reasonable’ about gun control

Tuesday, April 23rd, 2013 by Dara Kam

Florida NRA lobbyist Marion Hammer stood her ground at a Capital Tiger Bay club this afternoon, blasting President Obama’s background check proposal, sharing her childhood history and saying that the NRA will never “be reasonable” when it comes to compromising about gun rights.

Hammer, a former national president of the gun rights organization, surprised many at the luncheon this afternoon when she revealed that she is a lifelong Democrat. The Capitol city is dominated by Democrats.

Hammer has been the NRA’s Florida lobbyist for 39 years and became the first woman to head the organization largely because of her successes in the Sunshine State, where she pushed a number of first-in-the-nation gun bills, including the controversial “Stand Your Ground” law.

Hammer’s influence is considered responsible for Florida having some of the most lenient gun laws in the country.

Hammer said she was raised by her grandparents in South Carolina after her father was killed in Okinawa. She said her grandfather gave her a .22-gauge rifle at age six. She used her nickel-a-week allowance to buy three cents worth of shells and spent the remainder on penny candy, she said.

And she said she hoarded her ammunition because her grandfather sometimes didn’t have a nickel to spare.

And Hammer shared the roots of her hard-nosed approach on gun issues.

“My grandfather used to tell me there’s nothing in the middle of the road but a yellow streak and dead possums,” she said.

Hammer blasted lawmakers, including Obama, who demand gun regulation in the aftermath of shooting tragedies like Sandy Hook instead of blaming “poor parenting” or “misguided closure” of mental health facilities.

“When people get fat, do you blame forks and spoons?” she said.

Asked why the NRA rejects reasonable compromises like limiting the number of shells in magazines, Hammer elicited her homespun toughness.

“When we compromise, it’s only the first step and they always want more,” she said.

Hammer said the debate in the U.S. Senate regarding gun control was an example of “anti-gunners’” attempts to take guns away.

“When the NRA tries to be reasonable, we end up losing far more than anybody ever dreamed. We will be strong. We will be firm. And we will not be reasonable,” she said.

AG Bondi sues BP, Halliburton for $5.4 billion

Tuesday, April 23rd, 2013 by Dara Kam

Attorney General Pam Bondi has sued BP and Halliburton for more than $5.4 billion for lost revenue to the state caused by the 2010 Deepwater Horizon oil blast.

“We know BP has caused a tremendous amount of damage to our state,” Bondi told reporters at a press conference this afternoon. “Millions of barrels of oil were spilled into our Gulf for months and months during the height of tourism season in our state. There is no doubt in my mind that BP must be required to compensate our state for our losses.”

Bondi said she offered the oil giant a deal 90 days ago but received no response. She filed the lawsuit on Saturday, the three-year deadline for lawsuits for damages. The 86-day gusher clotted the Panhandle’s pristine beaches and emerald waters with oil at the onset of the region’s tourist season.

“We had hoped BP would do the right thing and work with us…yet that hasn’t happened,” Bondi said, adding that the state “did not even receive a response” from BP. “It’s astonishing to me considering the harm BP has caused our state and our people. Floridians deserve better and we are going to receive it from BP.”

Bondi said the bulk of the $5.4 billion she is seeking is based on anticipated future losses, mainly sales and use taxes, corporate taxes and documentary stamp taxes from a drop in real estate transactions.

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