Organizational Session turns into a Special Session

While the new Senate President and Speaker of the House were in Tallahassee this week organizing for the Spring Session, they held a one day Special Session to overrode the vetoes of seven bills vetoed by Governor Crist and took action on three other issues.

Overrides require at least two-thirds support in each chamber. Here are the issues and how the House and Senate voted.

Veto overrides
Home-sale info (HB 545): Requires sellers of homes in coastal areas to disclose the home's windstorm mitigation rating to potential buyers. Critics said the information could scare off potential home buyers in an already foundering real estate market. House: 120-0. Senate: 39-0.
Yard waste (HB 569): Allows local governments to combine yard waste with household waste in landfills to save money. Opponents of the override wanted the compostable material in separate landfills because it's better for the environment. House: 114-5. Senate: 39-0.

Ag tax exemption (HB 981): Allows farmers putting farmland up for sale to keep agricultural tax exemptions, even if the appraised value increases because the land has been put on the market. The measure undoes a court ruling that would have required farmers to pay more in taxes if their property became worth more when it went up for sale as a higher and better land-use designation. House: 120-0. Senate: 35-2.

Passive cleanup (HB 1385): Allows state environmental officials to use passive techniques to clean sites contaminated by petroleum. Crist wrote in his veto letter that it would take money away from cleaning up the most dangerous sites and lower standards for the sites, usually former gas stations. House 118-1. Senate: 39-0.

State land database (SB 1516): Requires the state Department of Environmental Protection to create a database of all state-owned lands and buildings. Crist vetoed it in part because the Department of Management Services had already been assigned the task and he didn't want DEP to take it over. But Senate budget chief J.D. Alexander has been displeased with DMS's inability to get the job done. House: 116-1. Senate: 38-1.

Government limits (HB 1565): Limits state agencies' ability to make rules by requiring the legislature to ratify rules that cost more than $1 million to enforce over five years. Opponents, including Crist, said it was a legislative encroachment on the governor's powers. House: 99-21. Senate: 32-7.

Roadwork notification (SB 1842): Requires state transportation officials to notify local officials before beginning road projects, thus giving business more notice. Transportation officials objected because it will slow their projects. House: 117-0. Senate: 39-0

Shands budget line item: Provides $9.7 million to the Shands Healthcare System, which would allow the hospital to get $30 million in Medicaid money. Without the override, Shands would be forced to shut down several units serving Medicaid and charity patients. House: 120-0. Senate: 39-0.

Other issues
Septic tanks (SB 2a): Postpones the effective date of a law requiring septic tanks to be inspected every five years from Jan. 1 to July 1, allowing lawmakers to reconsider the law next spring. Septic tank owners say the inspections will cost too much, but environmentalists say septic tanks are among the leading causes of dirty Florida rivers and lakes. House: 112-7. Senate: 38-1.
Air conditioning and solar rebates (HB 15a): Appropriates $30.4 million in federal stimulus money to provide rebates for solar power and energy-efficient air conditioners. House: 118-0. Senate: 36-2.

Medicaid: Passed a 'memorial' to tell Congress that Florida lawmakers want to make major changes in Medicaid. Passed both chamber on a voice vote.

A Few Last Words About Amendment 4

Feel free to share the info below with anyone you know who may not be familiar with the Vote No on Amendment 4 Campaign. These statements that follow are not me putting a political spin on things, but simply stated facts.

1. It is a fact that Florida newspapers on a broad scale do not as a norm come out in their editorial pages with the same message. However, the following newspapers have all advocated that the people of Florida should Vote NO on 4: Florida Times-Union, Ocala Star Banner, Gainesville Sun, Orlando Sentinel, Treasure Coast Palm, Tampa Tribune, Palm Beach Post, Miami Herald, Bradenton Herald, St. Pete Times, Sarasota Herald Tribune, and the Northwest Florida Daily News. These are the newspapers I know who have taken a stand on this issue. As far as I know, no major newspaper who has come out in favor of Amendment 4.

2. It is a fact that this is what voters will see on their ballot:

NO. 4
CONSTITUTIONAL AMENDMENT
ARTICLE II, SECTION 7
Referenda Required For Adoption And
Amendment Of Local Government
Comprehensive Land Use Plans
Establishes that before a local government may
adopt a new comprehensive land use plan, or
amend a comprehensive land use plan, the
proposed plan or amendment shall be subject to
vote of the electors of the local government by
referendum, following preparation by the local
planning agency, consideration by the governing
body and notice. Provides definitions.
The amendment's impact on local government
expenditures cannot be estimated precisely. Local
governments will incur additional costs due to the
requirement to conduct referenda in order to
adopt comprehensive plans or amendments
thereto. The amount of such costs depends upon
the frequency, timing and method of the
referenda, and includes the costs of ballot
preparation, election administration, and
associated expenses. The impact on state
government expenditures will be insignificant.

Please note that I have taken the liberty to put in Bold Face Print the latter few sentences of this amendment. There is a cost to each county who hold elections associated with this amendment, but no fiscal impact on state government. Will there be special elections. The Vote for 4 Group says no, while the Vote No Group says yes. Florida TaxWatch, a non profit non partisan group, issues a four page report on Amendment 4. You can download and/or read the full report at http://www.floridataxwatch.org/resources/pdf/10052010FiscalImpactAmendment4.pdf .

According to their findings Florida cities and counties make approximately 8,000 land use changes annually. Furthermore, they estimate each local community would have up to two special elections a year to decide on land use plans. Using data from 2005, they went on to say, “While it is difficult to precisely estimate the fiscal impact, by examining the costs of elections in Florida you can quickly see that the impact would be substantial. The FIEC analysis states that the minimum cost per special election for an average-sized county ranges from $143,300 to $287,700; for an average-sized city from $10,500 to $22,000. The FIEC estimates the cost for just one extra election for each voter in the state would range from $10 million and $20 million.”

Also, please read their findings regarding two small Florida communities, St. Pete. Beach and Yankeetown. The experience in those communities suggests that there will be additional legal expenses for each local government to bear.

Taxpayers are already paying local government and professional staff members to do this. Which will cost your local community less is a logical way of looking at this, isn’t it?


3. I have lived in Florida 38 years and have followed Florida state politics closely for the past fifteen years. No other single issue has seen the business community so united, as Amendment 4 from my recollection. According to the Vote No on 4 Group website, the following groups have made it publicly known they would like to see Amendment 4 defeated:

Florida Independent Concrete & Associated Products Association
Alarm Association of Florida
Florida Chamber of Commerce
Florida Association of Realtors
Florida Farm Bureau Federation
American Institute of Architects - Florida
American Society of Civil Engineers - Florida
American Specialty Contractors of Florida
American Subcontractors of Florida
Asphalt Contractors Association of Florida
Associated Builders and Contractors
Associated General Contractors of Greater Florida
Association of Florida Community Developers
Building Owners and Managers Association of Florida
Coalition of Business Associations
First Coast Manufacturers Association
Florida AFL-CIO
Florida Air Conditioning Contractors Association
Florida Apartment Association
Florida Association of Counties
Florida Association of District School Superintendents
Florida Association of Electrical Contractors
Florida Association of Plumbing & Heating Contractors
Florida Association of School Boards
Florida Attractions Association
Florida Automobile Dealers Association
Florida Bankers Association
Florida Bar: Real Property, Probate and Trust Law Section
Florida Building & Construction Trades Council
Florida Building Materials Association
Florida Carpenters Regional Council
Florida Chapter of the American Planning Association
Florida Chapter of the American Society of Landscape Architects
Florida Citrus Mutual
Florida Coalition for Property Rights
Florida Concrete & Products Association
Florida Economic Development Council
Florida Engineering Society
Florida Fire Sprinkler Association
Florida Forestry Association
Florida Fruit and Vegetable Association
Florida's Great Northwest
Florida Health Care Association
Florida Home Builders Association
Florida Institute of Consulting Engineers
Florida Institute of CPAs
Florida Land Council
Florida Land Title Association
Florida League of Cities
Florida Limerock & Aggregate Institute
Florida Manufactured Housing Association
Florida Mineral and Chemistry Council
Florida Nursery Growers & Landscape Association
Florida Propane Gas Association
Florida Refrigeration & Air Conditioning Contractors Association (RACCA)
Florida Retail Federation
Florida Roof Deck Association
Florida Roofing, Sheet Metal & Air Conditioning Contractors Association
Florida School Boards Association
Florida Solar Energy Industry Association
Florida State Council of Machinists & Aerospace Workers
Florida Surety Association
Florida Surveying and Mapping Society
Florida Swimming Pool Association
Florida Transportation Builders Association
Florida Turfgrass Association
Florida United Business Association
Florida Wall and Ceiling Contractors Association
Floridians for Better Transportation
Greater Fort Lauderdale/Broward Economic Development Alliance Board
Independent Electrical Contractors Association
International Council of Shopping Centers
International Hurricane Protection Association
Manufacturers Association of Florida
National Association of Credit Management (NACM) - ICPC
National Association of Industrial and Office Properties (NAIOP) of Florida
National Federation of Independent Businesses (NFIB)
North Florida Transportation Planning Organization
Pinellas Suncoast Transit Authority
President's Council Commercial Real Estate Forum
Realtors Commercial Alliance
Underground Utility Contractors of Florida
United Pool & Spa Association

Folks, these are all facts. Please look them over and call me, if you have any questions. I certainly don’t know all of the answers, but I will to the best of my ability to get you an answer.
Here are a few questions you need to ask yourself regarding amendment 4.
1. Do I really want to vote on everything?
2. Am I qualified to vote on everything?3. Will I take the time to vote in elections that will decide where the next Walmart, Hospital, School, or McDonalds gets built?
4. Do I have enough technical knowledge to decide whether the additional traffic, water and sewer demands for an old abandoned restaurant that a developer wants to erect a new four story condo on the same parcel of land that is located on the other side of the county in which I live?
5. If I choose to not participate in these type elections, who should I trust to decide these matters, someone else who like me is unqualified, or a professional planning staff who is overseen by my elected officials?
6. How much will this cost my community?
7. When was the last time I went down to a city or county commission meeting where a developer has challenged a staff recommendation to deny a land use change?
8. What makes me think I will put any more effort into voting on each land use change that surfaces in my community?

My personal feeling about this amendment is it puts the economic recovery to our state at great risk.

I implore you to Vote No on 4.

Thank you.

Wade Mullins
Quality Precast Company
wadem@qualityprecast.com

Want To Vote All The Incumbents Out This Year?

Over the past eighteen months or so, you and I have received numerous e mails urging us to vote out all the incumbents in the upcoming election. I have reached the conclusion that it just isn’t that easy. Let me explain.

First of all, most of all of that anger across America that is aimed at incumbents was caused by Congress. The legislators in Tallahassee have had nothing to do with the Health Care Bill, the Stimulus Plan, the Automobile manufacturer’s bailout, nor the bailout of the financial institutions.

Secondly, US Senator Bill Nelsen from Florida is not up for a vote this year, and the incumbent of seat being pursued by Rubio, Crist, and Meek is not seeking re-election. No incumbent to vote out there.

That leaves your local Congressman or woman to vote out. I certainly hope the folks in Orlando do vote out Alan Grayson. There, that’s one out, if you live in his district. Personally, I want my House member, Gus Bilirakis, to go back to Washington. He usually votes the way I think. I’m certainly not going to vote him out.

Then who do I vote out, probably not my local county commissioners? None of them have voted to fund any new sports stadiums or raised my property taxes in this economy. Getting worried we might not have anyone to vote out? Don’t worry I have our answer.

We can vote out, actually vote to not retain some or all of the judges. If I lived in Tallahassee, I would definitely be voting to not retain any of those District One Appellate Court Judges who did any lobbying or arm twisting to get that Taj Mahal Courthouse built.

But what about me, I want to vote somebody out. We can vote to not retain some of the Supreme Court Justices, and not just because they are an incumbent, but because I can give you a reason they deserve to be sent home.

There are four Supreme Court Justices on your ballot this fall. If you are or were formerly related to the construction industry, pay close attention. Nearly two years ago The Florida Supreme Court agreed to hear Trytek versus Gayle case. There were five Justices who made a bad ruling that taken changed the way sub contractors, general contactors, material suppliers, and even homeowners approach going to court, even when they are 100% correct, and would have no problem winning their construction lien case.

I was mad and now I had someone to vote out. I was all set to Vote No on Retaining those five Justices. The only problem was only one Justice of the five was up for a vote this fall, and he is a good decent man. I actually met Charles Canady nearly twenty years ago at a Homebuilders meeting when he was running for a State House Seat. He is a conservative thinking religious man. I just couldn’t vote no on Canady, even though I was mad enough over the Trytek vs. Gayle decision to do just that.

I finally was able to vote to not retain two of the Justices who have come under attack from some conservatives, and vote out one incumbent Hillsborough County School Board member.

You see I have proven you can find someone to vote out. It just isn’t as easy as the e mails make it appear to be.

Wade Mullins
Quality Precast Co.

Work Comp Rate Hearing

Workers’ Compensation Rate Hearing
On October 5, 2010, the Office of Insurance Regulation (OIR) held a public hearing to discuss the workers’ compensation rate increase of 8.3 percent being proposed by the National Council on Compensation Insurance (NCCI). The NCCI argued that the reforms to the workers ‘compensation laws enacted since 2003 are beginning to level out and have resulted in a new baseline upon which the new rates are built.

The request by NCCI for a rate increase is the first since legislative passage of SB 50A in 2003 which overhauled the workers compensation system. Since the 2003 reforms, workers’ compensation rates have fallen by 62 percent.

During the public hearing, one suggestion was to have carriers file rates individually instead of across the board with NCCI. The proponent pointed out that Florida’s injured workers were not satisfied with their medical treatments. Average increase applies to all insurers—flip side is that insurers may not all need an increase, some may need a decrease. Individual filings based on individual experiences would reflect different increases.

Proponent believes NCCI does not include anything in their filing that shows these rates are not unfairly discriminatory, excessive, or inadequate. OIR expressed concerns about workload if carriers filed individually with a current staff of 7 actuaries. Currently, NCCI filing represents 250 insurance companies.

Just before adjournment of the meeting, two members of the Florida Roofing, Sheet Metal & Air Conditioning Contractors association testified expressing concerns about destabilization of rates and the impact on their roofing businesses. OIR will review the comments and information presented at the public hearing and grant a determination based on the actuarial information as to the appropriate rate adjustment. - Source FBMA

California Town Rejects A Ballot Item Similar to Amendment 4

California voters in Mission Viejo last week rejected a "Vote on Everything" measure that would have required referenda on "major developments," reports the Orange County Business Journal. A more extreme version of that measure is slated to appear on Florida ballots this November as Amendment 4.

"Even California voters aren't willing to deepen their recession by passing this type of amendment," said Ryan Houck, the executive director of Orlando-based Citizens for Lower Taxes and a Stronger Economy. "If this amendment is too extreme for California, it's the last thing we need in Florida."

Unlike the California measure, which would have limited public votes to major developments, Florida's Amendment 4 would trigger a referendum for any change to a local government's comprehensive plan. While reviewing the ballot title and summary for Amendment 4, the Florida Supreme Court issued an opinion (Pages 19-20) indicating that Amendment 4-style ballots would include everything from "traffic circulation" and "drainage" issues to "intergovernmental coordination" and "solid waste" management. Outlining the scope of Amendment 4, the court cited Florida statute: "A capital improvement element; a future land-use plan element; a traffic circulation element, a sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element; a conservation element; a recreation and open space element; a housing element; a coastal management element; an intergovernmental coordination element; a transportation element; an airport master plan; a public buildings and related facilities element; a recommended community design element; a general area redevelopment element; a safety element; a historical and scenic preservation element; an economic element ..."

Citizens for Lower Taxes and a Stronger Economy (the "VOTE NO on 4" campaign) is an umbrella organization that leads opposition to Amendment 4. The campaign's statewide Board of Directors includes former National League of Cities President, Clarence Anthony, Florida Chamber of Commerce President, Mark Wilson, and Florida AFL-CIO Executive Committee member, Frank Ortis. To date, more than 280 organizations throughout Florida have opposed Amendment 4; more join the fight every day.

About That Special Legislative Session

When the Legislature adjourned at the end of April, there was already talk of a special session and there was no shortage of reasons.

By then, the Deepwater Horizon oil rig in the Gulf of Mexico had already blown. Now the repercussions have reached Tallahassee.

The Governor last week called for a special session to obtain a proposal to make a ban on drilling for oil in state waters part of the state Constitution. A constitutional amendment had to be approved soon to get on the November ballot, so he has called the session for a narrow purpose.

But some lawmakers, other politicians and the renewable-energy industry have different ideas. They want the session to include debates on alternative sources of electricity and proposals to strengthen the ability of the attorney general to prosecute environmental crimes. Others are still pushing for tax relief or other aid along the Gulf.

"The special session should also tackle the urgent needs for our business owners and state, including much-needed small business relief, a more streamlined claims process, and the creation of an environmental endowment for additional research," CFO Alex Sink said.

Any proposals beyond the governor's call require a two-thirds majority in both the House and Senate to even be introduced.

http://jacksonville.com/news/metro/2010-07-09/story/special-session-drilling-could-tackle-other-issues

Summer Politics in Florida

It’s been just over two months, since the 2010 Spring Legislative Session adjourned. The animosity that existed between Governor Crist, our Legislative Leaders, and the Republican Party during session seem to escalate to another level the day Governor declared himself an Independent Candidate for the U.S. Senate that is up for grabs this fall.

Here are some of the things that have transpired that I am aware of, and they are not necessarily in the correct chronological order in which they have occurred. Governor Crist vetoed a bill that was passed early during session that overhauled the system of how teachers are paid in Florida. The Republican Majority Leadership had made this fiscally sound legislation a priority. Obviously, the Governor now has the backing of the Teacher’s Union for his upcoming Senate bid.

The Legislators did some things with the Budget that didn’t make the Governor happy. They voted to raid $160M from the Transportation Trust Fund to help balance the budget. They also stipulated that should the Governor veto raiding of those funds that the $160M would have to be taken from the Education portion of the budget to balance the numbers. Crist vetoed both portions of that bill. The courts may have to decide, if the Governor can veto both portions of the bill. Rumor also has it the Speaker and Senate President may call for a special session of their own to overturn the Governor’s veto. They are probably counting votes as you read this. It takes a 2/3 majority to overturn a veto. They would not call the legislators back without the votes already counted.

The Republican controlled Senate denied several gubernatorial appointments to various statewide boards near the end of the sixty day session. That of course had to be quite embarrassing to Governor Crist, since some of those appointees were already serving.

There were nearly 300 bills that passed during the 2010 Session. These are normally sent over to the Governor’s Office in multiples of a dozen or so at a time for his signature. He has 15 days to sign a bill, veto it, or allow it to become law without doing anything once bills are received by his office. That way he is not rushed and can take the time to consider each bill. 2010 is certainly not a normal year. The House and Senate Leader Leaders sent most of the 2010 bills that passed over in two large batches just to frustrate the governor. Adults are quite capable of behaving like children when it comes to politics, wouldn’t you agree?

Of course the Governor has been toying with the idea of bring back the legislators to discuss drilling for oil in the Gulf. That would be a sure fire way to get the environmentalists to vote for Independent Candidate Crist for U.S. Senate. Even the staunchest proponent of drilling, incoming Speaker of the House Dean Cannon who was looking at drilling as a source of extra revenues to balance next year’s budget, doesn’t want to touch this hot potato at this time.

But, last week I heard some disturbing news regarding Amendment 4. A recent poll shows that 61% of those polled favor its passage. We simply must do a better job of educating everyone about this proposal, which will devastate the recovery of Florida’s construction industry in the future. If you haven’t spoken to your employees, customers, friends and family members about Amendment 4, I strongly encourage you to visit http://www.florida2010.org. There is a lot of info there that you can share with others. What else can we expect from Florida Politics this summer? I would say expect the unexpected, as we get closer to the Primary Election. It has been anything, but boring that’s for sure.

Wade Mullins
Quality Precast Co.
wadem@qualityprecast.com