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Senate sends measure giving governor control over JNCs back to the House

Wednesday, March 7th, 2012 by Dara Kam

The Senate grudgingly approved a measure giving future governors the ability to wipe out a majority of members on panels who help select judges, including Supreme Court judges, and sent it to the House for approval.

The proposal (HB 971) is a compromise with Gov. Rick Scott, who wanted to be able to wipe clean the entire judicial nominating commissions, nine-member panels made up of five gubernatorial appointees and four selected by the Florida Bar.

The House version of the measure would allow Scott to remove effectively fire JNC members picked by his successor Charlie Crist. But the Senate rejected that plan, allowing only members appointed after Scott took office to be affected.

Two Republicans joined Democrats in voting against the bill, which passed 24-14.

Democratic lawyers complained that the measure would politicize the panels, urging their colleagues excogitate the issue before voting.

“This bill gives too much power to a governor who said he wanted people who thought like him to sit on the judiciary of the state of Florida. And that is exactly what we should not allow,” said Sen. Arthenia Joyner, D-Tampa, a former JNC member.

Giving one governor the ability to control a majority of the panels could erode diversity on the bench, Joyner, who is black, warned.

But bill sponsor Sen. David Simmons, R-Altamonte Springs, called the bill a “middle-of-the-road” solution that keeps both the JNCs from “gaming the system” by sending the governor unqualified applicants. And it prevents the governor from doing the same, Simmons said, by giving him control of only five of the nine members.

“They would only have to have one other person, one of those five, to go along with them in their decision-making,” Simmons, a lawyer, said.

The bill would give judges the ability to work as part-time judges immediately after retiring without losing their retirement benefits.

Compromise gives governors ability to fire majority of JNCs but saves Crist picks

Wednesday, March 7th, 2012 by Dara Kam

Governors could fire most of the panelists who help pick judges — a watered-down version of a Gov. Rick Scott priority — under a bill up for a vote as early as Wednesday in the Florida Senate.

The new language is a compromise between Scott and Sen. David Simmons, R-Altamonte Springs, the bill’s sponsor, who said the system is fine as it is but agreed to make a concession to Scott.

Scott wanted to be able to fire all nine members of the state’s Judicial Nominating Commissions, but lawmakers balked, calling it a power grab by the governor that could tip the courts and overly-politicize judicial selection.

The panels send the governor a list of three candidates to replace retiring or resigning judges. Governors appoint five of the nine members of the JNCs; the Florida Bar appoints the other four.

Under the original version of the measure (SB 1570), Scott would have been able to fire all of Gov. Charlie Crist’s appointees to the panels. Current law only allows the JNC members to be removed from their staggered, four-year terms if they have done something wrong.

The compromise would only apply to JNC members appointed after Jan. 4, 2011, the day Scott took office, meaning Crist’s picks are safe until their terms run out.

But the new proposal gives Scott the ability to keep the panels from essentially forcing him to go with their selection by including two unqualified candidates on the list, Simmons, a lawyer, said.

Jeb Bush foundation using ‘parent trigger’ to trigger donations

Tuesday, March 6th, 2012 by Dara Kam

The controversial “Parent Empowerment” proposal isn’t just causing a bipartisan kerfuffle in the Senate where critics say the measure is a cash cow for for-profit charter schools and private management companies.

But the “parent trigger” measure could also make hay for Gov. Jeb Bush’s non-profit Foundation for Florida’s Future. Bush is backing the bill, pushed by Los Angeles-based Parent Revolution and education reformer Michelle Rhee and fiercely opposed by a teachers’ unions and a Florida coalition of parent-led groups, including the PTA.

Patricia Levesque, executive director of Bush’s Foundation, sent out a blast e-mail asking supporters to contact their senators to urge them to vote for the bill. But that wasn’t all.

“Additionally, won’t you help us in our efforts to fight those opposed to parents’ rights? Please consider making a one-time contribution of $500 or $1,000 or a monthly contribution of $50 or $100 to the Foundation for Florida’s Future. With your support, we can ensure that parents have representation and more options as it relates to their child’s education,” Levesque wrote.

Levesque sent out the missive in response to a blast message from left-leaning Progess Florida condemning the bill.

According to the exchange, the forces lining up on either side of the issue range from Koch brothers to the League of Women Voters.

“Anti-public school extremists in the Florida Senate are trying to pull a fast one, and we need your help right now,” the Progress Florida e-mail began. “So, if not parent groups, who is really behind this latest attack on public schools? According to Parents Across America “model legislation based on the Parent Trigger has been written and promoted by ALEC, the shadowy organization backed by the Koch brothers that has a radical right-wing agenda.” And who profits? Not parents and students. No, the ones who profit are unaccountable corporate charter school operators who aren’t held to the same standards as public schools and don’t necessarily have the best interests of students, parents or teachers at heart.

That prompted the e-mail from Levesque:

“Yesterday, the Foundation for Florida’s Future tweeted “Conspiracy theories and outright lies—who knew #edreform would be so exciting?” This was in response to emails, like the one below, that are being sent in opposition to the Parent Empowerment Act. You will not find the vitriol in the below email surprising. Despite incredible successes over the past 10 years, those who seek to protect the status quo are as passionate as ever. This includes the League of Women Voters, AFL-CIO, Florida Education Association and local affiliates such as Fund Education Now and Save our Schools.”

The Senate is set to take up the measure on Thursday and an ugly committee meeting – along with the above exchange – set the stage for what will likely be a heated debate before a vote on Friday.

Session likely to end on a sour note – again

Tuesday, March 6th, 2012 by Dara Kam

A testy Senate Special Order Committee meeting over a controversial “parent trigger” measure late Tuesday night set the stage for what will likely be an ugly end to the legislative session for the second year in a row.

But in a departure from the more typical animosity between the House and Senate, Senators can expect intra-cameral hard feelings before Friday’s sine die.

Intense bipartisan wrangling over the parent trigger measure peaked Tuesday night when Sen. Evelyn Lynn, R-Ormond Beach, and Senate Democratic Leader Nan Rich tried to remove the proposal (SB 1718) from a list of more than 50 measures being sent to the floor on special order on Thursday.

But committee chairman John Thrasher, R-St. Augustine, backed up by Senate Majority Leader Andy Gardiner and Senate President-designate Don Gaetz, refused to grant the pair the option of voting solely against the “Parent Empowerment” measure, which they both oppose.

Near the end of the meeting, Lynn repeatedly tried to ask Thrasher to allow her to vote no on the bill. An increasingly angry Thrasher finally cut Lynn off and, speaking over her, ordered the vote on the entire package, which passed by an unusual 4-3 vote, setting the “special order” calendar for Thursday. Lynn, Rich and Sen. Chris Smith, D-Fort Lauderdale, rejected the entire list rather than sign off on the parent trigger bill.

Lynn called the block vote a “political maneuver” that was “inappropriate and incorrect.”

But Gardiner, R-Orlando, chimed in, reminding Lynn that it was a procedural maneuver on the part of a bipartisan coalition led by Rich and Sen. Jack Latvala, R-St. Petersburg, that kept the measure from being withdrawn from a committee and sent to the Senate floor and instead required a special – and very rare – Saturday morning budget meeting to move the bill along. (Thrasher and Gardiner are an odd coalition, considering they are locked in a fight over the 2014-2016 Senate presidency.)

Gaetz, R-Niceville, agreed, accusing the bipartisan group of an “effort to stymie the process so the bill could not get to the floor.”

(more…)

House ‘opts in’ to Citizens surplus lines, killing bill

Tuesday, March 6th, 2012 by Dara Kam

The House sponsor of a bill aimed at reducing the number of homeowners covered by Citizens Property Insurance opted to kill the measure (HB 245) rather than allow the state-run insurers’ customers to “opt in” to switching to unregulated “surplus lines” carriers.

Consumer advocates cheered the apparent death Tuesday of what they called the backdoor deregulation of Florida’s property insurance market.

A bipartisan House coalition voted 63-52 in support of the Senate’s language requiring that Citizens insurance customers have a chance to sign off first before being moved to the “surplus lines” companies with unregulated rates.

The House refusal to strip the Senate’s “opt in” provision inserted a day earlier proved to be a deal-breaker for the bill’s sponsor, who said this year’s effort appears finished. Industry lobbyists preferred a system where customers of the state’s insurer of last resort would be automatically switched unless they took steps to “opt out.”

“We’re finished with it for this year,” sponsor Rep. Jim Boyd, R-Bradenton, said Tuesday.

- Palm Beach Post staff writer Charles Elmore contributed to this story.

Senate Easter basket special? Pink bunnies!

Tuesday, March 6th, 2012 by Dara Kam

UPDATE: Easter baskets could get even more festive if Gov. Rick Scott signs off on a bill heading his way that will allow farm animals, including bunnies, ducklings and chicks, to be dyed – that’s colored, not killed. The House passed the measure 109-5.

Nearly 50 years ago, Florida outlawed dyed bunnies, chickens and ducks.

But just in time for Easter, kids may find pink or green bunnies tucked in with other mellifluous treats in their holiday baskets after the Florida Senate tacked on an amendment to an agriculture bill (HB 1197) dealing with honeybees and other critters.

Animal- loving Senate Democratic Leader Nan Rich tried to get the amendment stripped off, saying the statute banning animal dying comes under the “animal cruelty” section of the Florida Statutes.

Dyed bunnies, ducks and baby chicks “look really cute at a couple of months of age” Rich, D-Weston, argued. “But when they get older and nobody wants them, then they get loose or taken to our shelters.”

But Sen. Ellyn Bogdanoff, the amendment sponsor, said dog groomers want the ban on dying lifted so they can colorize pets for competitions and parades. She said dying dogs isn’t cruel and rejected Rich’s argument that pets don’t get asked if they want their fur dyed.

“We neuter dogs without their permission. I’ve never asked my poodle if he wanted a hair cut,” Bogdanoff, R-Fort Lauderdale, said. “Animal cruelty is wrong…but dying a dog’s hair or horse’s tail I don’t think is cruel.”

But Rich didn’t back down.

“This is not about grooming poodles,” she said. “This…is a way of ensuring that we don’t have a lot of little adorable ducks, rabbits and chickens that are given away at Easter time and look so cute and then two or three months later nobody wants them.”

Rich’s attempt failed, and the amended ag bill now goes back to the House.

How to complete budget talks? Just add pork

Monday, March 5th, 2012 by John Kennedy

A final state budget deal Monday cut $24.8 million from Florida Atlantic University as House and Senate negotiators capped days of talks with last-minute additions that tucked dozens of hometown projects into a $70 billion spending plan.

The agreement sets the stage for budgets to be placed on the desks of lawmakers today. A constitutionally required 72-hour waiting period means final votes are likely Friday, the two-month session’s last scheduled day.

FAU’s reduction trims about 10 percent of the school’s budget and is part of a $300 million cut leveled across Florida’s 11 public universities.

Officials said FAU can use $16 million in reserves to help ease the lost dollars. Still, it marks the fifth straight year of declining state aid for universities – a trend that has heightened the push for tuition increases.

The higher education cuts come even as the budget deal anticipates a 12th state university – with the Legislature approving separating the University of South Florida from its polytechnic campus in Lakeland.

Senate budget chief J.D. Alexander, R-Lake Wales, spearheaded the break with USF, as the term-limited lawmaker will leave office in November with a new school created in his home Polk County.

But Alexander wasn’t the only leading lawmaker to land a favored project Monday as millions of dollars was steered to community centers, social service programs, local road projects and even $5 million for a Sarasota rowing center, already vetoed once by Gov. Rick Scott.

Alexander’s House counterpart, Rep. Denise Grimsley, R-Sebring, steered $520,203 to an international baccalaureate program at her hometown high school.

When asked about what critics call political pork, Alexander said lawmakers had a right to fight for hometown spending.

“It’s a fair amount, all and all,” Alexander said of the projects. “We haven’t done a lot of that in a number of years…but at the end of the day, each of us is elected to represent our districts and their unique needs.”

Scott, though,  last year vetoed a record $615 million in spending by lawmakers. Mindful of that, Alexander added a caution to the items lawmakers managed to include Monday.

“Of course, most all that will be subject to discussion with the governor,” he added.

Anti-Sharia law measure headed to Senate floor

Monday, March 5th, 2012 by Dara Kam

A measure that aims at banning the use in Florida of Sharia, a code of law based on the Koran and the teachings of Mohammed, is on its way to the Senate floor after a procedural maneuver removing it from its last committee of reference.

Critics, including the Anti-Defamation League, say the measure, already approved by the Florida House, would also keep Jewish couples from using Jewish Bet Din tribunals to get a divorce, something their faith requires for remarriage.

A Senate Criminal Justice Committee last week signed off on the measure (SB 1360) with less than three minutes of debate. The Senate committee vote coincided with the fourth Muslim Annual Capitol Day on Tuesday.

Ahmed Bedier, the rally’s organizer, blasted lawmakers for reviving the measure, first offered last year.

“We’re not the people who are un-American,” Bedier said last week. “They are, for violating the Constitution and introducing legislation that limits religious freedom.”

The Anti-Defamation League asked lawmakers to reject the proposal, saying it is unnecessary because both the state and U.S. constitutions already prohibit the use of foreign or religious law in the courts. And the ADL contends it is based on legislation proposed by anti-Islamic leaders outside Florida.

The Senate could vote on the measure as early as Wednesday.

- The News Service of Florida contributed to this report.

Special session on PIP?

Monday, March 5th, 2012 by Dara Kam

Gov. Rick Scott, insurers, chiropractors, masseuses, acupuncturists and consumer advocates are just some of the “special interests” trying to have a say in a personal injury protection overhaul.

And with the House and Senate still far apart in their proposed solutions and just four days left until the legislative session wraps up, Senate President Mike Haridopolos would not rule out the possibility of a special session on the issue.

The Florida House passed a bill to loosen the grip of massage therapists, chiropractors and acupuncturists last week, keeping alive one of Scott’s top legislative priorities. The Senate version, among other differences, puts fewer time restrictions on treatment but also largely shuts the door on massage therapy and acupuncture.

Stuart Republican Sen. Joe Negron, leading the charge on PIP reform in his chamber, called the differences reconcilable.

But Haridopolos said he’s not sure he’s got the votes to get the proposal out of his chamber at all.

“All I can do right now is try to figure out how it can pass in the Senate. I know the House has been on a little bit different glide path,” Haridopolos, R-Merritt Island, said, calling Negron’s bill “outstanding.”

“Overall, the fraud component has been handled in a thoughtful manner,” Haridopolos said. “I do support where he stands on massage and acupuncture but I’ve got to get it off this floor.”

Haridopolos said he’d be willing to come back in a special session on the matter, especially because he’s expecting lawmakers will have to come back to Tallahassee anyway to redraw legislative maps. The Senate President is expecting the Supreme Court to reject at least in part the new legislative districts. House Speaker Dean Cannon, R-Winter Park, said he does not want to hold a special session on PIP.

“I’m willing to come back. I think it’s an important issue. It’s not just the justice issue of eradicating fraud. It’s also a financial issue to a lot of families because they’re paying too much for auto insurance. So if we needed to have a special session, you won’t see me object at all,” Haridopolos said.

Anti-abortion measure likely off the table this session

Monday, March 5th, 2012 by Dara Kam

Senate Republican leaders are predicting an anti-abortion measure will not get a floor vote after a bipartisan coalition blocked its withdrawal from a committee Monday afternoon.

The Florida House had already signed off on the measure (HB 277) and added controversial “fetal pain” language requiring abortion providers to inform patients that fetuses can feel pain after 20 weeks, something critics call “junk science” because it is under dispute.

With four days left until the session ends, Senate Rules Chairman John Thrasher called the bill dead after the 23-16 vote to remove it from the Senate Budget committee, which required a two-thirds majority, or 26 votes, to pass. It is unlikely the procedure will be invoked again, Thrasher said.

“I don’t think so. That’s was a pretty definitive vote,” Thrasher, R-St. Augustine, said.

Lawmakers last year approved five anti-abortion measures, and moderates are not prepared to go to the board again, Rich said. The proposal would impose tough regulations on abortion clinics, impose a 24-hour waiting period before a woman can get the procedure in a state that abortion providers say already has the most restrictive laws on the books.

“We’re tired of focusing on right-wing social issues like abortion. We did more than enough last year to curtail women’s reproductive rights,” Rich, D-Weston, said.

The bill’s sponsor Anitere Flores, R-Miami, said she was disappointed that the chamber won’t debate the issue on the floor.

But Rich said it might be better for Republicans to avoid drawing attention to abortion, tied up in a national firestorm over Planned Parenthood, contraception and government funding.

“If the Republicans thought about it, they would realize that not having this raw debate on the floor actually will help them,” Rich said. “Because any time we’re going to have this type of discussion now, in light of what’s happening with contraceptives and Rush Limbaugh and all that’s going on in this country, the polls are beginning to show that’s hurting the people who are trying to reduce women’s reproductive rights.”

Parents, Democrats bash ‘parent trigger’ proposal

Monday, March 5th, 2012 by Dara Kam

A coalition of parent-led groups, including the Florida PTA, and Democrats bashed a fast-tracked “parent trigger” proposal that would let parents at failing schools determine their fate.

The bill “has everything with laying the groundwork for the hostile, corporate takeover of public schools throughout Florida, a direct attack on public education,” Senate Democratic Leader Nan Rich of Weston said at a press conference this morning.

Before the event began, Los Angeles-based Parent Revolution lobbyists handed out press releases asserting that national Democrats support the controversial measure. The California group called opponents “defenders of the status quo” and accused the Florida Education Association of invoking “new boogeymen” in “an attempt to confuse parents and political observers.” The “parent trigger” is now in place in first-in-the-nation California, Texas and Mississippi.

In those states, Democrats including Los Angeles Mayor Antonio Villaraigosa, have favored the plan. The at-time unctuous, election-year parent trigger debate is pitting teachers’ unions and parent groups against charter schools and for-profit management companies throughout the nation.

At least 20 states, including Florida, are now considering “Parent Empowerment” legislation. The business-backed, conservative American Legislative Exchange Council has crafted model bills similar to the one (SB 1718, HB 1191) now on its way to the Senate floor in Florida; the House approved an identical measure last week along partisan lines. The Florida proposal is being pushed by former Gov. Jeb Bush and his education foundation, Senate President Mike Haridopolos, R-Merritt Island, and other GOP leaders.

(more…)

Sunday night budget writers slice hospital, nursing home cash

Sunday, March 4th, 2012 by John Kennedy

Hospitals and nursing homes are targeted to lose about $350 million in funding as House and Senate negotiators worked Sunday night toward completing a $70 billion state budget.

The 5.6 percent Medicaid rate cut for hospitals and 1.25 percent reduction for nursing homes frees cash which helps bolster a $1 billion increase in dollars for public schools that budget-writers have already agreed will be a central part of spending this election year.

Senate budget chief J.D. Alexander, R-Lake Wales, said it’s still possible more dollars could flow to hospitals and nursing homes before a looming deadline for completing budget work.

The Legislature is scheduled to end the 2012 session Friday. But a constitutionally required 72-hour waiting period means lawmakers are looking to finish work Monday night.

Gov. Rick Scott had proposed far deeper reductions in hospital payments in his bid to pump more money toward schools, a year after he signed into law a $1.3 billion cut to classrooms. But Alexander said that on top of reductions last year, the proposed 5.6 percent cut still hurts.

“It’s still probably tough,” Alexander said. “We are struggling to find that right mix now.”

‘Parent trigger’ bill triggers passion, procedural maneuvering

Saturday, March 3rd, 2012 by Dara Kam

A controversial “parent trigger” bill backed by powerful GOP leaders and education reform icon Jeb Bush is headed to the Senate floor for a vote in the final week of the legislative session over the objections of the measure’s critics over the way it is being handled.

The Senate Budget Committee signed off on the bill (SB 1718), already passed by the Florida House, largely along partisan lines with a single Republican – Sen. Evelyn Lynn of Ormond Beach – joining Democrats in opposition.

Lynn and Democrats on the committee complained that GOP leaders were railroading the bill after Democrats and a cadre of Republicans led by Jack Latvala blocked the it from being yanked from the committee and sped to the Senate floor. Read about the Latvala-Thrasher leadership struggle – leaving its imprint on the final days of the legislative session – here, here and here.

Senate Rules Chairman John Thrasher, R-St.Augustine, set two hours for the rare Saturday morning meeting to hear the bill. No one objected then, but that was before another measure was added to the agenda, eating up nearly 45 minutes this morning.

After Thrasher ordered a 9:59 “time certain” vote on the bill, the grumbling began.

Sen. Gwen Margolis, a former Senate president, asked that the time be extended to hear from audience members. The “Parent Empowerment” legislation is being pushed in 20 states by the Los Angeles-based “Parent Revolution” organization but is opposed in Florida by a coalition of parent-led groups including the PTA.

Thrasher said that was impossible because Senate rules prevented the meeting from being extended except on the Senate floor.

The irascible Lynn piped up, reminding Thrasher, a former House speaker close to Bush, of a questionable 4-3 committee vote she intended to challenge because she believed the vote came after another “time certain” vote by the Senate Education Committee this week. She did not fight the vote, and Thrasher ruled that it was legit.

This morning’s vote came after heated debate and after less than five minutes of public testimony during which a parent from Gainesville voiced her opposition.

After the votes were cast and he adjourned the meeting, Senate budget chief JD Alexander, R-Lake Wales, allowed members of the audience to continue the dialogue.

Shirley Ford, a Los Angeles parent and one of the founders of Parent Revolution who still works for the group, told the panel why Florida needs the process, approved in California by voters two years ago.

Lynn didn’t buy it. She pointed out that Florida has a variety of measures to help turn around failing schools, including vouchers that allow students to attend any school their parents choose. And, she said, Florida just last year launched a sweeping education reform that among other things did away with teacher tenure. It’s too early to know what the impact of those changes will have on low-performing schools, she argued.

In addition, the state Board of Education this week approved a new school grading system that will nearly triple the number of failing schools.

“For somebody from California to come here and tell us what we should be doing is a laugh and a half,” Lynn said after the meeting.

Senate Democratic Leader Nan Rich and her caucus will hold a press conference Monday morning before the floor session begins to voice their objections to the proposal, also opposed by the state teachers’ union.

Tri-Rail changes coming down the track

Friday, March 2nd, 2012 by John Kennedy

South Florida’s Tri-Rail board would be reshuffled, the rail line could expand to Monroe County, and its administration could be privatized, under a provision ready for a House vote next week.

An amendment tacked on Friday to a sweeping transportation bill (HB 1399) would turn the nine-member South Florida Regional Transportation Authority to a 10-member panel, with Gov. Rick Scott authorized to appoint four members. The bill earlier created an 11-member panel, with Scott naming five.

The agreement also addresses the Governor’s desire to privatize Tri-Rail. The authority’s executive director, Joseph Giulietti said that in order for privatization to go through, two-thirds of the board has to vote for it.

“We are encouraged to be moving in a direction that we can work together,” he added.

 

 

State worker drug testing bill headed to Senate floor

Friday, March 2nd, 2012 by Dara Kam

Hours after the House signed off on a measure that would require state workers to submit to drug tests, the Senate Budget Committee sent an identical measure to the floor for a full vote.

With Scott’s legislative affairs director Jon Costello in the room, the Senate Budget Committee approved the measure with a 12-6 vote this afternoon.
Sen. Joe Negron, a Stuart lawyer, cast the sole Republican “no” vote on the measure.

The measure is indicative of “more and more intrusive activities of our government,” Negron said after the meeting.

“It’s gotten out of hand. The government is just getting more and more into our personal business,” he said.

The proposal (SB 1358) would allow agency heads to fire state workers who fail their first drug test and does away with a requirement that workers who have drug problems receive employee assistance.

Democrats in both chambers have objected that the bill does not include lawmakers in the drug screening. Senate President Mike Haridopolos, R-Merritt Island, and House Speaker Dean Cannon, R-Winter Park, already have the authority to order members of their chambers to submit to the drug tests, but neither leader has done so.

Sen. Alan Hays, R-Umatilla, said he sponsored the bill at Scott’s request to rectify the problem created by the lawsuit.

“Unfortunately in today’s society, this is a bill that I feel is very wise public policy,” he said.

But Ron Bilbao of the Florida ACLU said the bill remains unconstitutional, noting that Miami U.S. District judge Ursula Ungaro, who heard the case against Scott last week, expressed serious doubts about the governor’s order and “had trouble understanding the circumstances under which the order would be valid.”

House approves tuition hikes for UF and FSU

Friday, March 2nd, 2012 by Dara Kam

The Florida House signed off on a plan to allow Florida State University and the University of Florida to set higher tuition than the state’s nine other public universities in a move to boost the two institutions’ national prominence.

The passage of the bill (HB 7129) is the latest effort in a decades-long attempt to create a tiered university system, something GOP leaders say is necessary for Florida’s higher ed system to compete with other states’ universities.

The bill allows research universities that meet certain standards – right now, UF and FSU – to charge higher tuition and fees than the other universities and also authorizes those universities to establish required courses for certain students.

Critics of the plan, which the House passed 85-28, say the hikes impose too much of a financial burden on already cash-strapped poor students.

California has seven Association of American Universities “pre-eminent” research universities, while Florida has just one, the bill sponsor Bill Proctor, R-St. Augustine, said.

“That’s shameful,” Proctor, the chancellor of the private Flagler College and a former member of the state Board of Education. Proctor said his plan will help Florida compete for businesses who want to relocate to regions with premiere research universities.

“Nothing is as important to economic recovery to this state as what you do to the state universities,” Proctor said.

Tuition at UF, FSU and three other universities has climbed 60 percent over the past four years, and 45 percent at five other schools, including Florida Atlantic University. Universities can seek as much as a 15 percent tuition hike each year but require approval for the increases from the universities’ Board of Governors, which has not rejected any university’s tuition request.

Rep. Dwight Bullard, a teacher, called the measure irresponsible.

“If we’re supposed to be up here looking out for the best interests of our constituents, we can’t go about doing tuition increases that large,” Bullard, D-Miami, said.

Senate budget committee to meet Saturday morning for ‘parent trigger’ bill

Friday, March 2nd, 2012 by Dara Kam

Unable to withdraw a controversial ‘parent trigger’ bill approved by the Florida House yesterday, Senate GOP leaders instead scheduled an early-morning meeting Saturday to hear the measure, supported by former Gov. Jeb Bush and Senate President Mike Haridopolos.

The “Parent Empowerment” (SB 1718, HB 1191) would allow parents to determine the fate of troubled schools and convert them into charter schools or turn them over to private management companies. Parents could even reject school boards’ recommendations for low-performing turnarounds.

A coalition of parent groups, including the Florida PTA, oppose the measure, saying it makes parents at low-performing schools vulnerable to lobbying by for-profit charter schools and management companies.

The bill, sponsored by Sen. Lizbeth Benacquisto, R-Fort Myers, was involved in a dispute in a Senate committee earlier this week. Critics of the proposal said a 4-3 vote on the bill came after the “time certain” ordered by Senate Education Appropriations Committee Chairman David Simmons, R-Altamonte Springs.

But Senate Rules Chairman John Thrasher, a St. Augustine Republican close to Bush, approved the vote and tried to withdraw the bill from the budget committee, which was supposed to hold its final meeting this afternoon.

Removing the bill from a committee and sending it to the floor requires a two-thirds majority vote. Senate Democratic Leader Nan Rich objected, D-Weston, objected and asked for a vote. Democrats joined with a group of Republicans led by Sen. Jack Latvala, R-St. Petersburg, to kill the withdrawal with a 20-19 vote.

That prompted Thrasher to announce an unusual, 8 a.m. Saturday morning Budget Committee meeting to take up the bill.

“I think it’s important to a lot of members that we have a hearing on it,” Thrasher, R-St. Augustine, said after the session ended shortly after noon.

Latvala said he had concerns about the measure’s fiscal impact because, with new grading formula approved by the state Board of Education this week, many more schools may be deemed failing and be eligible for the parent takeovers and become targets of the for-profit charter school industry.

“It’s going to be like union-organizing with petition cards, going to parents and getting them to sign,” the perspicacious Latvala said. “I know how the political process works and they can go out and get signatures. Then they can just add to their empires. I think it needs to be carefully looked at…It’s within our rights to require it to go through all the committees that it’s assigned to.”

But Thrasher – Latvala’s nemesis in a Senate leadership struggle – defended the measure.

“Look, parents want their kids to have a good education. And some people have a different view of where that should take place or how it should take place. And I don’t fault them for that. Any more than I fault folks who believe passionately in the public school system,” he said.

House passes random drug tests for state workers

Friday, March 2nd, 2012 by Dara Kam

State workers would have to agree to and submit to random, suspicionless drug tests under a measure approved along party lines by the GOP-dominated Florida House.

The bill, a priority of Gov. Rick Scott’s, would allow state agencies to order the tests of up to 10 percent of workers four times a year. Agency heads would have to use the money already in their budgets to cover the costs of the tests for the state’s 114,000 workforce.

Rep. Mark Pafford, D-West Palm Beach, tried to amend the bill to require that the governor, members of the Florida Cabinet and the 160 members of the state House and Senate also be required to submit to the urine tests. The bill’s sponsor Jimmie Smith, R-Inverness, dismissed the amendment, set aside over Pafford’s objection, as “political theater.”

But, calling the House an “elitist body,” Pafford chided his colleagues, saying “Shame on you,” for being unwilling to go on the board with a vote on his amendment.

Drug testing government workers is a violation of the constitution’s guarantee of unreasonable search and seizure by the government, Democratic lawmakers argued.

Last week, a federal judge heard oral arguments in a lawsuit over a challenge to a drug-testing policy imposed on state workers by Scott last year. After the ACLU and the state workers union sued the state, Scott in June quietly reversed his order for all but corrections officers pending the outcome of the case.

Scott last year also pushed the legislature to pass a law requiring that food stamp and emergency cash assistance applicants pass drug tests before receiving benefits. In October, a federal judge temporarily put that requirement on hold, ruling the drug screens were unconstitutional.

Rep. Perry Thurston, a lawyer, argued that Smith’s measure goes after the wrong population.

“You pick on people who you can bully around. Tell the lawyers of the Florida Bar as a condition of practicing law you’ve got to submit to suspicionless drug testing. That’s where you change society,” Thurston, D-Plantation, said.

Other Democrats called the proposal (HB 1205) a solution in search of a problem. Only two of 500 Department of Transportion – .004 percent – tested positive for drugs in recent screenings, Rep. Rick Kriseman, D-St. Petersburg, said.

But a fired-up Smith insisted his proposal (HB 1205) is necessary to combat drug abuse and said it would make Florida a model for the nation.

“People are dying. And then you make an assumption because these are state workers this doesn’t affect their lives,” Smith said. “The state of Florida by taking this vote becomes a laboratory that…eventually leads the way of the entire nation. You will be having the courage, making the difference, for this entire country.”

Smith made his final pitch before the 79-37 vote: “The word is on the street. People are starting to realize it. Drugs are bad.”

A Senate companion bill is scheduled for a vote in the budget committee this afternoon.

Black Dems trying to change Sunday pre-election voting restriction

Friday, March 2nd, 2012 by Dara Kam

Sen. Chris Smith will try to change Florida’s election law to re-open early voting on the Sunday before Election Day, one of the controversial provisions included in the state’s disputed election law passed last year.

Smith and other black lawmakers interrupts a “souls to the polls” movement instituted a decade ago when Florida began early voting. As many of 30 percent of black voters in some communities cast their ballots after attending church on Sunday, Smith, R-Fort Lauderdale, said.

“Last year’s law forbid us from doing that,” Smith told reporters, including a CNN crew, Friday morning. He said he plans to introduce an amendment that would allow but not require elections supervisors to hold the Sunday voting again on the floor this morning but has not heard from Senate GOP leaders whether they will sign off on the change to the elections bill (SB 1596).

The sweeping election reform passed last year – now being challenged in court – was aimed at reducing election fraud, Republican lawmakers insist.

But Smith said that does not explain the ban on Sunday voting.

“If fraud is going to happen, it is not suddenly going to happen on that Sunday,” he said.

Sen. Arthenia Joyner, a lawyer and civil rights activist, said she believes the law was intentionally designed to make it harder for blacks to vote in the general election this year to keep President Obama from being reelected after minority voters and college students helped sweep Obama into the White House four years ago. Florida is one of more than a dozen states that passed restrictive elections laws last year.

“It’s my feeling it was done deliberately, a premeditated design, to suppress the vote of African Americans in this country because it’s playing out all over the nation in every state. It was intentional,” Joyner, D-Tampa, said.

A Tallahassee federal judge this week held a hearing in a lawsuit filed against the state by voting rights groups challenging the state’s new laws regarding third-party voter registration. The new law caused the League of Women Voters to stop registering voters for the first time in decades.

$1 billion boost for schools settled; university spending is not

Thursday, March 1st, 2012 by John Kennedy

Florida school funding is set — with per-pupil cash expected to rise 2.34 percent next year — but higher education dollars remain up-in-the-air as House and Senate budget negotiators worked Thursday night on dozens of details separating the two sides.

The agreed-on school cash represents a $1 billion increase — complying with Gov. Rick Scott’s demand for a big boost to partially offset last year’s $1.3 billion reduction. That brought classroom spending to its lowest level in six years.

“We’ve done well. Schools are well served,” said Senate Pre-K-12 budget chief David Simmons, R-Altamonte Springs.

The increase settled by Simmons and his House counterpart, Rep. Marti Coley, R-Marianna, amounts to a $145.48 per-pupil hike, bringing average spending to $6,370 for each of Florida’s 2.7 million school kids. The funding level is closer to  the $141 level where the House started out, than the Senate’s more robust plan for increasing school cash by $1.3 billion, or  $192-per-student.

The fate of university dollars, though, remains unsettled.

The House and Senate have agreed to cut universities by $300 million, but how to apply the cuts has stumped negotiators. The final deal-cutting, involving scores of issues, was turned over Thursday night to Senate budget chief J.D. Alexander, R-Lake Wales, and House Appropriations Chair Denise Grimsley, R-Sebring, to settle.

Florida Atlantic University is among several schools warily watching how the final deal is structured. Many also have questioned Senate budget chief J.D. Alexander’scharacterization that Florida’s 11 public universities have more than $800 million in reserves.

FAU President M.J. Saunders described the Senate’s initial plan to cut $400 million as “disastrous.” It would have sliced $47 million from the Boca Raton-based university, costing it about one-third of its operating budget.

Under the smaller reduction, FAU is looking at losing between $23.1 million and $27.2 million, officials said. But the school’s cushion for softening this cut isn’t as large as lawmakers claimed. FAU’s purported $66 million reserve is actually closer to $16 million, when a range of spending commitments and already planned reductions are deducted, official said.

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