United States: Florida Government And Politics Weekly Update (Week of January 24, 2011)

Politics

Newly-elected Congressman David Rivera continues to face ethics scrutiny for alleged violations of state and federal law. The Florida Department of Law Enforcement and Federal Elections Commission are reportedly conducting ongoing investigations into alleged violations of federal and state law, including a failure to disclose nearly $130,000 in loans from a company owned by Mr. Rivera's mother. Mr. Rivera's office responded to the controversy this week, denying that Mr. Rivera had committee any wrongdoing and noting that he had filed his congressional 2010 financial disclosures in January, nearly five months before the May 2011 deadline.

Two candidates for Florida Speaker of the House drop out, leaving Rep. Richard Corcoran as the likely speaker for the 2017 – 2018 biennium. The candidate pool for Speaker of the House in 2017 – 2018 narrowed by two on February 2, 2011, as Reps. Gaetz and Albritton withdrew from the race. Both lawmakers announced support for Rep. Richard Corcoran, who was the chief of staff to former House Speaker Marco Rubio. Mr. Corcoran is now the next likely Speaker of the House after Rep. Weatherford in 2013 – 2014 and Rep. Dorworth in 2015 –16.

State Budget

House and Senate leaders indicate that the budget deficit for the upcoming fiscal year is approaching $5 billion. The increase from the previous estimate of $3.6 billion is due in large part to an increase to the state's "rainy day" funds in order to preserve the state's credit rating. Budget reductions will be taken in every area of the budget and cost-saving reforms, such as statewide Medicaid managed care, will likely be a high priority. Senate Health and Human Services Appropriations Chair Sen. Joe Negron, in particular, indicated that he may look to funding for substance abuse and mental health for savings. Draft budget proposals will likely emerge from the Legislature during the third or fourth week of session, while Governor Scott's proposal will arrive February 7.

Around the State

Gov. Scott proposes restructuring the Department of Commerce. On Thursday, Gov. Scott unveiled a proposal to recreate the Department of Commerce. The department would coordinate the efforts of the Agency for Workforce Innovation, Enterprise Florida, and the Office of Trade, Tourism, and Development (OTTED), but would not otherwise merge these entities into a new department.

Orlando joins Orange County in imposing a moratorium on pain clinics. The Orlando city commission voted to impose a temporary moratorium on pain management clinics this week, prohibiting all new clinics from opening, as well as prohibiting the relocation or expansion of existing clinics. This is the first of two votes to enact the moratorium; the second vote is scheduled for February 7. If adopted in February, the city ordinance will last until January 2012. Last December, the Orange County Commission unanimously adopted a similar temporary moratorium on pain clinics within unincorporated Orange County through December 14, 2011. The county and city commissions' actions follow a concerted effort over the last several years by law enforcement and Florida lawmakers to crack down on illegitimate pain clinics that have made Florida the national epicenter of pain management prescription drug abuse.
 
Potential Lakeland high-speed rail stop criticized. As Florida's federally funded high-speed rail project moves forward, a potential site in Lakeland at the campus of the University of South Florida (USF) Polytechnic is facing criticism. Lakeland's Community Development Director Jim Studiale is arguing that the proposed USF site would threaten the Green Swamp Area of Critical State Concern. The Orlando Sentinel also has criticized the USF site, noting that the proposed site is near what one city planner calls a "vacant cow field," arguing instead that the rail stop should be located where potential riders already live, such as a site near U.S. Highway 98. Purportedly, the site is being supported by State Sen. J.D. Alexander, the Central Florida Development Council, and the Polk County Transportation Planning Council.

Legislature

On Wednesday morning, the House Insurance and Banking subcommittee held a hearing on automobile personal injury protection insurance, or PIP, fraud. Lawmakers heard testimony that Tampa and Orlando have now succeeded Miami-Dade as the leading cities of auto insurance fraud in Florida. Testimony also predicted that more than $1 billion in PIP fraud will occur in Florida in 2011. At the conclusion of the meeting, Rep. Bryan Nelson, the chair of the subcommittee, noted that the subcommittee would likely only consider minor changes during the upcoming legislative session.

Texas representative advocates prison reform before Senate Criminal Justice committees. Texas Rep. Jerry Madden advocated for prison reform before a joint meeting of the Senate Criminal Justice Committee and Criminal and Civil Justice Appropriations Subcommittee on Monday. Rep. Madden argued that the state should focus on providing services to prisoners who would not return if they receive appropriate services, thus saving the state money.

Senate Banking and Insurance committee begins work on property and casualty insurance reform bill. On Tuesday, the Senate Banking and Insurance committee began deliberations on a wide-ranging property and casualty insurance reform bill. SB 408, sponsored by Sen. Richter, Chair of the Banking and Insurance committee, increases the surplus requirements for insurers to $15 million, imposes a three-year claims filing deadline for new and reopened hurricane and windstorm claims, authorizes an insurer to pay a policyholder actual cash value until the policyholder enters into a contract for repairs, and provides numerous sinkhole insurance reforms. Twenty-seven amendments were filed for Tuesday's meeting, of which the committee took action on 14. The remaining amendments will be taken up at the next meeting of the committee, scheduled for February 7.

House and Senate committees gather input on teacher quality in preparation for reform legislation. House and Senate education committees this week gathered input from stakeholders regarding reforms to teacher contracts, pay, evaluations, and training. Rep. Bill Proctor and Sen. Stephen Wise will be shepherding the proposals in their respective chambers. Meanwhile, this week, Florida science scores on the National Assessment of Education Progress (NAEP) were announced. The NAEP is the most reliable benchmark of national student performance and is considered the "nation's report card." Florida's fourth grade students scored above the national average, while eighth grades scored below the national average.

Senate committee hears proposal for destination casinos. Representatives of Las Vegas Sands Corporation and Wynn Casinos advocated for the authority to establish "destination casinos" in Florida. Under a plan proposed by Sands, the state would authorize five exclusive casinos within a 75-mile radius, and prospective casino operators would pay a $50-million application fee. Reportedly, Sen. Jones and Rep. Bovo will sponsor the proposal in their respective chambers.

Medicaid providers given the opportunity to comment on Medicaid reform in the House. On Tuesday, the House Health and Human Services Committee heard from numerous stakeholders regarding reforming the state's Medicaid program. In particular, hospital and physician groups argued for broad consumer choice of health plans beyond HMOs, such as provider service networks, while other groups argued that the state should impose a medical-loss ratio for various services, such as mental health and children's services. Rep. Rob Schenck, Chair of the Committee, indicated that additional hearings will be held in the House Health and Human Services Access and Health and Human Services Quality subcommittees in the coming weeks. A draft proposal is likely to emerge from the committee by the end of February.

Senate panel continues immigration reform discussion. The Senate continued a discussion of immigration reform Monday, as part of a three-part series of meetings that began on January 10 and will conclude on February 7. At the meeting, Florida Department of Law Enforcement General Counsel Michael Ramage noted that a statute prohibiting the hiring of illegal immigrants has never been enforced during the 11 years the law has been in effect. The Florida Chamber of Commerce and the Federation for American Immigration Reform sparred over the fiscal impact of illegal immigration, with the federation arguing that illegal immigration costs taxpayers in Florida $5.2 billion, while the chamber argued that illegal immigrants produce more tax dollars than they use. Sen. Mike Bennett has filed SB 304, which, among other provisions, requires the Department of Corrections to identify inmates who are eligible for deportation. In the House, Judiciary Chairman William Snyder has filed HB 237, which has been labeled as "Arizona-style" immigration reform. Rep. Snyder has indicated that he will continue to refine his proposal while preserving authority for law enforcement to address illegal immigration.
 
Florida House joins fight against congressional redistricting amendment. The Florida House is seeking to join a lawsuit challenging the validity of Amendments 6, adopted by the voters in the 2010 general election, which requires the Legislature, in drawing congressional districts, to draw compact districts that are not drawn for the benefit of any political party. Amendment 5, a similar amendment governing legislative districts, and Amendment 6 were adopted by the voters during the 2010 general election. Meanwhile, this week, Gov. Scott withdrew a request to the federal Department of Justice to review Amendments 5 and 6; the department is required to approve any changes in Florida's election laws.

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