MAF Political, Industry & Legislative News

Organizational Session turns into a Special Session

2010-11-19T14:15:00.000-08:00

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

2010-10-29T15:09:00.000-07:00

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?

2010-10-25T21:59:00.000-07:00

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

2010-10-14T19:01:00.000-07:00

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

2010-07-15T05:48:00.000-07:00

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

2010-07-12T18:44:00.000-07:00

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

2010-07-06T16:47:00.001-07:00

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

Pickup Truck Sales May Signal Recovery

2010-06-15T20:27:00.000-07:00

If you're looking for the recovery, maybe you should just follow that new pick up truck.

Pickups are a kind of rugged indicator of the nation's financial health. When times are good, contractors buy more of them to carry tools around for landscaping and lumber to build homes. Weekend haulers also gravitate to them even though cars get better mileage.

Lately sales have started shifting into a higher gear. Americans bought 151,000 pickups last month, 19 percent more than a year ago. Sales of full-size pickups, especially popular among contractors and builders, grew even fasterPickups are a kind of rugged indicator of the nation's financial health. When times are good, contractors buy more of them to carry tools around for landscaping and lumber to build homes.

http://www.floridatoday.com/article/20100615/BUSINESS/6150309/1003/Pickup-sales-can-signal-recovery

It's All About Charlie

2010-04-25T18:07:00.000-07:00

Charlie Crist was a lame duck. Boxed in. Irrelevant.

But now, with bold use of the veto pen and bold campaigning, Crist has estranged fellow Republicans and become a force to be feared in the Capitol.

His newfound aggressiveness -- rooted in his own political survival -- is leaving its mark on legislation that touches the lives of every Floridian: schoolchildren and teachers, homeowners, anyone who pays an electricity bill, and the growing ranks of Florida's poor.

Just a word of ``concern'' from Crist's lips is enough to put a major bill like the House's Medicaid reform effort in jeopardy. His overt threat to veto a property-insurance bill Wednesday resulted in the House shelving the bill. Some lawmakers fear he might even veto the entire $69-plus billion budget if it doesn't suit his tastes.

``Maybe they were surprised by the fact that I take the job of governor very, very seriously,'' Crist said. ``And when there's a time to exercise the authority and the trust people put in you, you need to do it. And I'm going to keep doing it.''

The legislative session ends next Friday and the atmosphere is hostile, a sharp contrast to last year. Heading into this session, Crist's agenda and budget were written off by legislators. The governor was expected to veer to the right.

Instead, Crist vetoed education legislation, which has heightened the likelihood that the Governor is positioning himself to leave the GOP primary, if not the party itself.

To starve Crist of headline-grabbing vetoes, Republican legislators are dialing back some of their more controversial measures and offering an olive branch or two.

Senator J.D. Alexander said he's prepared to come back and write another budget if the governor rejects it. If the governor vetoes the budget, that would prompt a special lawmaking session, raise Crist's profile and antagonize the Legislature all the more.

http://www.miamiherald.com/2010/04/21/1591611/crist-wields-new-power-in-final.html

Another Good Sign for the Economy?

2010-04-20T17:00:00.000-07:00

There is renewed hope that the worst of the housing market decline may be over as the rate of mortgage delinquency has declined forthe second straight month. The biggest drop came in the number of homes that are 30 days past due as the number decline to levels not seen since 2008.

Delinquency remains a major issue but at least there appears to be some progress and it certainly is not getting any worse The importance of this stability is hard to gauge as the nature of foreclosure has changed in the last several months.

The first round of foreclosures that triggered the recession came as the result of the collapse in speculative homes and the problems that cascaded as a result of too many people taking too many risks. The latest wave has been more traditional as these are the people who have been placed in jeopardy by the loss of their jobs.

Armada believes that the foreclosure peak has occurred and there is now a sense that conditions will steadily improvehrough the year.

There are also signs that consumer credit delinquencies are starting to reduce as well, which is great news. - From Armada Corporate Intelligence E News 4.20.10

Things Are getting a Little Testy in Tallahassee

2010-04-13T18:31:00.000-07:00

2010 seems to have turned Florida politics upside down during the Spring Legislative Session. Some of the political posturing was expected in a year where the Governor, all members of the Florida Cabinet and key races for the U. S. Senate are in play. But, lines are being drawn as the relationship between the Governor and the Republican led legislature is a bit strained to put it mildly. Republicans are now favoring the ultra-conservative former House Speaker Marco Rubio in the race for the U. S. Senate over Governor Crist.

The Governor has already vetoed a top Republican legislative priority which would have reenacted special leadership fund accounts. When you look at the mounting evidence of impropriety being uncovered in the ongoing investigation of Republican Party funds, Crist had plenty of ammunition to back this veto. Governor Crist has to deal with the anger of the Republican leadership.

Now, the Governor has received SB 6 which would do away with tenured teacher positions and put all newly hired teachers on annual contracts. The bill also bases teacher salaries on student performance, as measured in large part on testing. The Governor has hinted that he may change his position on this legislation. He has until Friday, April 16 to act.

Other issues that will frame the work for the remaining three weeks of Session will be proposals relating to Medicaid which would increase a current pilot program to encompass 19 additional counties including Miami-Dade. Whether the House and Senate will move to approve the gambling compact that has been agreed to by their leaders; and of course, budget conference committees that will most likely begin meeting the week of April 12th.

Some Construction Related Issues
LIFE OF THE MINE LEGISLATION: HB 617 by Bembry (D-Madison) and SB 1338 by Dean (R-Inverness). This bill which grants 30 year permits for limestone mining still sits on the House calendar, with the Senate Bill never being heard. Industry has been told that the language will be amended to another Senate Bill. An attempt this past week to put it on a permitting bill, sponsored by Senator Altman (R-Melbourne), failed, and the amendment was withdrawn.

PREEMPTION OF LOCAL CRANE REGULATION. HB 375 by Evers (R-Milton) and SB 1174 by Altman (R-Melbourne). Despite the fact that the House Bill hasn’t moved since February, the Senate has decided to start moving this bill. It was heard this past week in its first committee and will be heard in the Senate Community Affairs Committee this coming week. It still has a long way to go to see success this year. ABC has been leading the way on this issue for several years.

SALE OF TAX EXEMPT CONSTRUCTION MATERIALS. The best news this week comes in the form of a proposal drafted by House Finance & Tax Committee Staff at the request of their Chairman Ellyn Bogdanoff (R-Fort Lauderdale). The proposal goes further than we could have hoped, and if enacted, could resolve the difficulties suppliers and contractors have had with direct purchase system for many years. The BIG QUESTION is whether or not the Revenue Estimating Conference (REC) will attach a fiscal impact to the proposal.

CONSTRUCTION LIENS & BONDS: HB 693 by Plakon (R-Longwood) and SB 1048 by Baker (R-Eustis). CS/CS/SB 1048 by Senator Carey Baker will be heard in its last Senate Committee, General Government Appropriations, on Tuesday, April 13, 2010. Amendments will be offered that remove all responsibility for the Department of Business & Professional Regulation to publish lien law information and also to fix section 4 of the bill regarding a single claim of lien which had raised controversy. The good news is that the Senate Bill has been heard in all committees, is on the calendar and is available for an amendment on the floor.

The bad news is that a plan to merge Rep. Plakon and Sen. Baker’s bills with DBPR’s bills this year in order to have a House Bill in play was thwarted late Thursday night when the Department’s Secretary and bill sponsor refused to accept the amendment.

PROMPT PAY. HB 1157 by Eisnaugle (R- Orlando) and SB 1056 by Baker (R-Eustis).
These bills strengthen the payment and attorneys fee provisions contained in the Local Government Prompt Payment Act. This has been a session-long battle and negotiation between the construction industry and local governments. Most of the issues have now been resolved and incorporated into the bills.

What's Holding Up Job Growth?

2010-03-31T04:34:00.000-07:00

When workers become more efficient, it's normally a good thing. But lately, it has acted as a powerful brake on job creation. And the question of whether the recent surge in productivity has run its course is the key to whether job growth is finally poised to take off.

One of the great surprises of the economic downturn that began 27 months ago is this: Businesses are producing only 3 percent fewer goods and services than they were at the end of 2007, yet Americans are working nearly 10 percent fewer hours because of a mix of layoffs and cutbacks in the workweek.

http://www.washingtonpost.com/wp-dyn/content/article/2010/03/30/AR2010033004091.html?referrer=emailarticle

News From the 2010 Florida Legislature

2010-03-29T20:33:00.000-07:00

Below is information regarding bills that have an impact on the businesses of most MAF Members

The fourth week of the 2010 Legislative Session was a busy one, with most committees in the House and Senate putting on the full court press to hear as many bills as possible before the Easter-Passover holidays that will occur during the upcoming fifth week.

Last Friday, March 26, the Senate Judiciary Committee held a workshop and heard 23 bills including Senator Baker’s Construction Lien and Bond bill (CS/CS/SB 1048). Under the skillful leadership of Chairman Joe Negron (R-Palm City), the committee accomplished its lengthy agenda in less than the time allotted. Not so with the General Government Policy Committee chaired by Representative Schenck (R-Spring Hill), who for the second year in a row, refused to hear the companion bill (HB 693 by Representative Plakon).

During this final week of committee meetings in the House, Chairman Schenck scheduled two meetings and ultimately heard 19 member bills out of the 180 plus bills sitting in his committee. After much hammering and beating on Representative Schenck, industry representatives was simply told that he dislikes this bill that is very consumer, subcontractor, and supplier friendly.

Some items in Baker's bill may be added as amedments to other bills that are progressing.

Besides Lien and Bond legislation, there are other proposals to address lender responsibility when loans go into default and clarification of the direct purchase relationship between suppliers and tax exempt entities and will be working to find appropriate vehicles for these issues.

The Bigger Picture
Despite the grim budget realities legislators face this year, their work continues on the bigger statewide issues that affect us all. It was a tough week for the teacher’s unions who lost battles on merit pay, class size and school vouchers. Each of these measures moved a step or two closer to becoming reality.

CLASS SIZE – A proposed constitutional amendment (HJR 7039) to tweak the class size requirement in the constitution, freeze class size at its current level and allow some schools to go above the limit if the district-wide average is within current caps is now available for the House to take up on the floor. An identical measure (SJR 2) has already passed the Senate and is available for the House to take up.

MERIT PAY – This measure narrowly passed the Senate and would effectively end the long standing tradition of paying teachers based on years of service. Over the staunch opposition of Democrats and the state teachers’ union, the Senate approved SB 6, which would base teacher pay raises in part on the performance of their students, relying on standardized test results.

FLORIDA TAX CREDIT SCHOLARSHIP – SB 2126 and HB 1009 would expand the Florida Tax Credit Scholarship which gives businesses a tax credit in exchange for paying for a private tuition scholarship. The bill passed the full Senate this past week and is touted by Florida Tax Watch and others as increasing school choice and any costs of the tax credits being far offset by the reduction in public school students. The House Bill was heard this past week for the first time.

When the Legislature returns on Wednesday and Thursday of week five, the focus will be on THE BUDGET. With few exceptions, the House and Senate will meet in full Session to debate and pass their respective budgets and implementing bills.

The Senate budget is larger, totaling $68.6 billion. The House budget totals $67.2 billion. The difference is the Senate’s inclusion of $880 million in anticipated but not yet approved federal Medicaid funds and $435 million from the Seminole Gaming Compact which is yet uncertain. For construction, the House budget would deal another blow, sweeping $428 million from the State Transportation Trust Fund to shore up other areas of the budget. The Senate budget does not include monies from the Transportation Trust Fund, and so this will be up for negotiation. Members of The Construction Coalition testified this past week against this raid on transportation funding.

More Detail on Specific Bills -HB 693 by Plakon (R-Longwood) and SB 1048 by Baker (R-Eustis). As mentioned above, CS/CS/SB 1048 by Senator Carey Baker passed the Senate Judiciary Committee on Friday, March 26. The Committee adopted a “strike all” amendment that encompasses agreements we have made with the Clerks of Court, Florida Land Title Association and the industry. Work is being done by various parties including the House and Senate sponsors on a plan for passage of this legislation, despite the efforts of Committee Chair Robert Schenck to stop it in its tracks.

The bill, as amended, includes a two-page statement of owners rights and responsibilities, revises warnings on all notices that deliver a consistent message to owners, requires clerks to serve notices of contest by certified mail, requires full project information on demands, allows the use of global express guaranteed for oversees mailing and single claims of lien on multiple units and more.

State-Wide Crane Safety (HB 375/SB 1174): These bills adopt state-wide crane safety regulations and preempts local ordinances. Since the Federal Circuit Court of Appeal affirmed the permanent injunction against Miami-Dade’s Crane Ordinance, ABC is hopeful that a statewide regulation of building cranes in accordance with OSHA standards will be passed. The house bill has passed its first committee. The senate bill has not been heard.

NOTICE OF NONPAYMENT REVISIONS: HB 755 by Holder (R-Sarasota) and SB 878 by Thrasher (R-Jacksonville). These priority bills for the Florida AGC Council have not moved. Similar to our lien law bill, HB 755 was never heard in its first committee (also Schenck’s committee). Senator Thrasher has been true to his word and has not requested the Senate bill to be heard again. Unless it surfaces as an amendment, this proposal is dead for this Session.

COST & BENEFIT ANALYSIS LEGISLATION: HB 121 by Poppell and SB 1178 by Haridopolos. These bills did not move over the past week but are in a good position for passage if the House and Senate give them priority as session moves forward, especially since the Senate sponsor is the incoming Senate President. The bills are almost identical and give the Speaker and Senate President the ability to request special sessions of the revenue estimating conference on specific legislation where the benefit side of the proposal will be given more consideration in the final analysis.

LIFE OF THE MINE LEGISLATION: HB 617 by Bembry (D-Madison) and SB 1338 by Dean (R-Inverness). Although the House Bill sits on calendar, the Senate has yet to hear this legislation which would allow 30-year “Life of the Mine” permits for the limestone industry.

PROMPT PAY. HB 1157 by Eisnaugle (R- Orlando) and SB 1056 by Baker (R-Eustis).
These bills did not move this past week but are in reasonable shape for passage this year. The House Bill has one Council stop, and the Senate Bill has two committees to go. It appears that most of the objections raised by local governments at the hearings on March 17 have now been resolved, and we would expect to see the bills agendaed when we return from Easter break. These bills are priority for ABC, UUCF and have the full support of The Construction Coalition. They strengthen areas of the Local Government Prompt Payment Act which local governments continue to abuse, particularly who is responsible to accept payment requests and date stamp them received since the payment clock starts ticking from that receipt date.

OTHER INDUSTRY BILLS THAT HAVE BEEN HEARD

Immigration Reform-
One bill that did make it out of Representative Schenck’s committee during week four is one that wasn’t “being pushed” by the sponsor. CS/HB 219 by Representative Sandy Adams (R-Oviedo) is similar to bills which she has filed for numerous years now and requires any contractor working on state projects to comply with a Federal Work Authorization Program (E-verify) and to assure that all their subcontractors do the same. The bill also requires E-verify to be used before someone is allowed to collect lottery monies. The only possible similar bills in the Senate have received a large number of references, including one by Senator Baker that was referred to seven committees. You tell me – why was valuable committee time spent on this issue?

Building Codes-
SB 648 by Senator Mike Bennett (R-Bradenton) and CS/CS/HB 663 by Representative Aubuchon (R-Cape Coral) are the building code bills for Construction Coalition members this year. They contain language on product evaluation, elevators, home inspectors, alternative plan review and inspection, carbon monoxide detectors, rule adoption by the Florida Building Commission and a host of other code issues. CS/CS/HB 663 was heard in its last council this past week and now goes to the House Calendar. SB 648 was on the agenda for Senator Bennett’s own Community Affairs Committee, but they did not get to it. It has a total of five committee references, with three more to go, but we never underestimate Senator Bennett or the lobbyists working on these bills.

If you have specific questions regarding any of these issues, please let us know. If you would like copies of the most current draft of a bill or amendment, they are available at http://www.leg.state.fl.us/.

Business Credit Availability - Key to Economic Recovery

2010-03-16T16:06:00.000-07:00

The conversation within the business community has started to shift and the pressure on the economy has started to shift with it. The question now is what it will take to get the economy growing enough to provide those jobs and get the consumer back into a spending mood.

Analysis: The primary issue as far as business is concerned has become the availability of credit.

Large corporations have not had to contend with this issue to the same degree as the small business person has. The big companies have been able to access the corporate bond market and the equity markets to some extent. But for the vast majority of small and medium size companies, these avenues for financing are not open to them. They rely on banks and the financing options provided by those who purchase their goods and service. By most accounts this money has become much harder to get due to the fact that banks and other lenders have entered a new phase of activity.

Lending has dropped by 7.4% in the last year, the steepest decline in loan activity for business registered since 1942. The amount of money that has been taken off the table is over $700 billion. This is more than twice the amount that the stimulus package has managed to put into the economy thus far. Even if the complete package had been pushed into the economy it would have only matched what the banks have taken out of the economy due to the new trend towards caution.

The key issue in all this is that the engine of employment in the US is small business. The estimates vary from one study to the next but the consensus view is that businesses that employ less than 100 people provided 45% of the new jobs since 1992. These are the very companies that are struggling to get access to credit now. The implication for the 8.3 million people looking for work is pretty apparent. If these companies can’t get money to expand they can’t meet new market demand and they can’t hire anybody. There are many reasons for the dearth of credit and it is true that as the economy improves the atmosphere for lending will improve, but not in the short term.

The first rationale for bank caution is that many are still licking their wounds from the collapse. These are the banks that became too exposed to the building boom or who were lending in communities that were the hardest hit by the recession. They have far too much in the way of non-performing loans and have to take steps to get their affairs in order. They are now risk averse and they have regulators breathing down their necks.

A second rationale is that banks are facing much stricter regulations in the future although today they don’t have a clue what these will amount to. In this atmosphere the banks have to assume the worst and they look at every piece of legislation and every new regulation as another requirement. The mood in Congress is overtly hostile and the regulatory authorities are trying to make up for their errors in the past by becoming far tougher and more aggressive. Even healthy banks have adopted a much more cautious position as they do not know what will be coming down the pike in the weeks and months ahead.

The third rationale is part of the Catch-22 of bank activity. The banks have become cautious and risk averse and they do not want to add more exposure to their already weakened balance sheets. They have no desire to lend to companies whose survival is at all in question and this means they will be taking a very hard line position on a company’s prospects.

If the company needs money to expand and meet competitive and market pressures to grow and survive, the bank is worried. But given that the bank loan is what is needed to address these expansion issue the business is trapped. It needs the money to show progress but it has to show progress before it can get the money. The banks are not willing to get engaged with companies where there is any risk at all of default. That slams the door shut on millions of businesses.
– ARMADA Corporate Intelligence March 12, 2010

Florida Among States to Rush $1.5B Plan in Housing Funds

2010-03-15T17:14:00.000-07:00

Five states hardest hit by the foreclosure crisis have been given only weeks to plan how to spend $1.5 billion in federal funding announced by the Obama administration last month.Guidelines issued under the U.S. Treasury Department's Fund for Hardest Hit Housing Markets on March 5 gave housing finance agencies in California, Arizona, Florida, Nevada and Michigan just six weeks to come up with plans on how to spend their share of the money.

The rush could be problematic for the states, especially because Treasury is seeking "innovative" measures to help families facing foreclosure. But some experts have been urging the administration to try the approach, believing it will be helpful and that it can be done quickly.

The guidelines give wide leeway to the state Housing Finance Agencies charged with doling out the money to design programs tailored to their region's circumstance. The money can be spent, for example, to help families who can't pay their mortgages because of job losses, unable to refinance because plunging home values have left them "underwater," or to give relief from second mortgage payments.

Florida is getting the second-largest share at $418 million.

The Florida Housing Finance Corporation is just starting to review the Treasury requirements, but has put a team together and is reviewing programs other agencies are using. They're looking at plans that have helped in other states and will likely cherry-pick the best.

Some critics have called the $1.5 billion both too little and too much — too little, because the housing crisis has hit so many homeowners that $1.5 billion is tiny compared to the need, and too much because it targets homeowners who really can't afford to be in their home anyway.

http://www.sun-sentinel.com/business/realestate/az--hardest-hit-funding-20100314,0,3824196.story

2009 Legislative Session is Underway

2010-03-14T14:06:00.000-07:00

Even though the 2010 Florida Legislative Session got off to a quick start when the legislators passed a measure to delay an unemployment compensation tax increase that could have crippled an economy trying to rise out of recession, some industry lobbyists seem to think there hasn’t been much interest in passing much of anything during the second week of session. Due to budget constraints so much time will be spent in April working on the Budget. Thus, bills that aren’t heard and passed out of some of their committee references by the end of March will have little chance of passage.

Speaking of the Budget, House Speaker Cretul last week issued a budget allocation plan. The Speaker listed "no new or increased fees or taxes" as the first of several principles he used to divvy up overall spending into 10 different budget categories. The allocation plan also includes $9 billion in state money for education. It appears significant cuts will be needed.
The House is also planning to keep $1 billion in reserves, compared to the $250 million that the Governor has recommended.

The amount of money that state lawmakers will have for road-building and other transportation projects is sinking a new forecast shows. State economists with the Office of Economic and Demographic Research released new estimates this week that conclude there will be $75.5 million less in the coming fiscal year in the state transportation trust fund than what was projected back in November. Furthermore, those figures show that the state will have close to $500 million less over the next five years.

The news could have big implications for the state’s five-year work plan for road building, which was already projected to decline by $1.6 billion between 2010 and 2015. Members of the Florida Transportation Commission warned on Monday that the state’s road-building fund was skirting dangerously close to a situation where there may not be enough money on hand to meet the state’s obligations. Currently, Florida has an average cash balance of only 1.5 percent of the total amount of projects it has pledged to build.

Here are some specific bills that are important to masonry contractors and suppliers alike:
CONSTRUCTION LIENS & BONDS: HB 693 by Plakon (R-Longwood) and SB 1048 by Baker (R-Eustis); SB 510 by Wise (R-Jacksonville) is a similar bill but does not contain the current provisions advocated by the ICPC.

SB 1048 passed out of the Senate Regulated Industries Committee the first week of Session, unanimously. It is now a Committee Substitute Bill incorporating numerous technical revisions. It was hoped Representative Robert Schenck, Chairman of the House Governmental Affairs Policy Committee, would agenda HB 693 for a hearing during the second week. Unfortunately, that did not happen.

The nuts and bolts of this good piece of proposed legislation creates a “General Statement of Owners Rights and Responsibilities Under Florida’s Construction Lien Law,” requires an owner to sign a receipt that they have received the information, and require the receipt to be filed with the building official when the permit is applied for. In addition, the bill implements measures that ensure construction bonds are recorded and placed on file with building officials, updates mailing provisions to include global express delivery, , resolves issues of single liens on multiple lots and units in a condo or other development, eliminates the automatic expiration of notices of commencement, eliminates two improper payment traps for owners, makes warnings consistent throughout the statute, requires demands to include sufficient information to identify the project, gives permit officials the ability to reject incomplete and illegible documents, and raises the exemption from notice requirements for small one-day projects.

NOTICE OF NONPAYMENT REVISIONS: HB 755 by Holder (R-Sarasota) and SB 878 by Thrasher (R-Jacksonville). These bills are a priority for the Florida AGC Council and would require a Notice of Nonpayment to be a sworn document accompanied by all documents evidencing the amount claimed including the claimant’s contract. The NACM-ICPC, Florida Surety Association, and others participated a week ago with AGC in a conference call to air the various objections and concerns with the bill. Subsequently, compromise language has been offered to AGC.

LIFE OF THE MINE LEGISLATION: HB 617 by Bembry (D-Madison) and SB 1338 by Dean (R-Inverness). Representative Bembry’s bill received its second hearing this past week in the House Natural Resources Appropriations Committee. The bill was amended again to remove a section of the bill relating to wetlands mitigation. The bill grants “Life of the Mine” permits to the limestone industry, but does allow local governments to impose additional restrictions and conditions. The Senate bill has not yet been heard.

The information above is based on the legislature’s activities through Tuesday March 9th.

AND DON’T FORGET AMENDMENT 4 (Hometown Democracy)
The defeat of Amendment 4 this November is the key to insuring that growth in Florida does not come to a dramatic halt. Although not a legislative issue, this issue could have the single most negative impact on Florida’s construction industry –– more than any other measure in our history. We need to keep it in the forefront of our minds as the November elections draw closer. Educate your friends, neighbors and employees. Donate if you or your company can to the campaign to fight Amendment 4 being spearheaded by Floridians for Smarter Growth, a coalition of Florida businesses, the Chamber of Commerce and many others. Visit the website at http://Florida2010.org. When considering local candidates, find out if they support or oppose Amendment 4.

We should learn from the experiment of St. Pete Beach where a local version of Amendment 4 passed in 2006. Putting all growth decisions in the hands of the voters has cost that town dearly in jobs, higher tax rates and endless litigation. Although they have since revoked their local ordinance, they are still trying recover from its devastating impact.

If you have specific questions regarding any of these issues, please let us know. If you would like copies of the most current draft of a bill or amendment, they are available at www.leg.state.fl.us. Always make sure to download the latest version of the bill, as committee substitutes are created after most committee amendments are adopted.

Wade

Recommendations Could Save Florida Taxpayers $3.2 Billion

2010-03-07T17:11:00.000-08:00

A group of current and former government officials, business leaders and policy analysts recently made cost-savings recommendations to save Florida taxpayers up to $3.2 billion. That happens to be the amount House Speaker Larry Cretul, R-Ocala, cited as the upper end of a projected revenue shortfall this year, between expected state tax and fee collections and the cost of covering needed state services. But the task force assembled by Florida Tax Watch, an independent policy analysis organization that assesses state programs, was not related to the start of legislative budgeting in the new 2010 session.

A 31-member task force worked nine months to produce the 88 recommendations, which included collecting sales tax on Internet purchases, reducing employer contributions to the Florida Retirement System and increasing the "vesting" period for employees from six years to 10, implementing four-day work schedules in most agencies, reducing the retirement credits for managers and special-risk law enforcement employees, increases in employee parking fees and a moratorium on office-supply purchases.

The bigger recommendations were a $200 million plan to increase use of state term contracts for economies of scale, saving $50 million to $125 million by requiring competitive bidding on more goods and services, and $300 million saved by privatizing some non-instructional services in schools.

It was estimated that $80 million could be saved by eliminating "fourth quarter dumping," a reputed practice by agencies spending surplus money in May and June so they won't lose it in the new fiscal year.
http://www.tallahassee.com/article/20100304/CAPITOLNEWS/100304016/-1/NLETTER07?source=nletter-news

Wave of Stimulus Money to Reach Infrastructure Contractors in 2010

2010-02-25T06:12:00.000-08:00

While the article that folows says nothing that directly impacts the masonry industry, it does say quite a bit about getting the construction industry moving again. -wm

SEATTLE, WA - Onvia analysts say 2010 will be the year of maximum stimulus impact as funds that were obligated in 2009 will finally be awarded to contractors who will begin work in 2010. This, coupled with the investments covered by the pending Jobs for Main Street Act, will help fund projects from bridge construction to light rail, and Amtrak fleet modernization to fuel efficient vehicle purchases. Onvia is the leader in business-to-government solutions and the creator of Recovery.org, a private sector initiative to give businesses transparency into recovery project spending.

"Despite all of the talk about the stimulus working, our research shows most of the funds have not left Washington, although they will in 2010," said Mike Pickett, CEO of Onvia. "This year we are tracking 23,500 new projects in the pipeline, and there is $76 billion in stimulus funding that will reach contractors on these projects this year, creating 480,000 jobs in the construction industry. Indirect jobs lift the total to 900,000 in 2010."

http://www.forconstructionpros.com/online/Construction-News/Wave-of-Stimulus-Funding-to-Reach-Infrastructure-Contractors-in-2010/4FCP15149

Turns and Twists of the 2010 Election

2010-02-08T19:19:00.000-08:00

First, let’s look at some of the numbers. There are twenty Florida Senate seats up for a vote in 2010. Ten incumbents in those races (seven Republicans and three Democrats) are unopposed. Meanwhile, all seats on the House side of the isle will be voted on this year. Eighty-six incumbents are up for re-election. Presently, twenty-four Republicans and seventeen Democrats are unopposed. That could change on any given day, until the qualifying period ends.

Just when thought you knew who was running for what office, the candidates move the cheese on us. As we all well know, change is good, right? Well, I for one never did buy into that 100% of the time. This is especially true when I am trying to keep up with so many political races?”

Time, however, has cleared up some of the races for 2010. Note, I did say some.

It was just a few months ago that Governor Crist held a double digit lead in the US Senate race over former Speaker of the House, Marco Rubio. Can you believe how that race has changed right before our eyes? That Primary winner will probably go down to the wire. Don’t bury the Governor’s chances just yet. He has raised a lot of money. This is going to be one of the most expensive Primary races in Florida history.

Now get your scorecard out. Senator Carey Baker has dropped out of his Primary race against Congressman Adam Putnam for Agriculture Commissioner. Sen. Baker will now finish serving his term as State Senator for District 20. He is termed out in 2012. That sounds easy enough to follow, right? If only politics were that simple in 2010.

Baker’s decision to stay on as Senator has had a domino effect. Representative Alan Hays (District 25) who was running for Baker’s seat will now have to change his filing info with the state elections office and run for his House seat again. Then he can finally run for the District 20 Senate race in 2012. I know of at least one other candidate who has already switched from the Senate race that no longer exists and is now running for Hays' seat.

Now that you’re a bit dizzy let’s just put the cheese away for now.

The next big push for those currently serving legislators is fundraising. The next deadline candidates face regarding their campaign finances is March 31st. Since an elected candidate is forbidden to conduct fundraising efforts during the Florida Legislative session, which begins on March 2nd. The month of February is certainly a very busy for the incumbents.

Are we having fun, yet? Let's go back to Senator Baker for just a moment. He is sponsoring SB 1048 for the 2010 session. The House Companion Bill is HB 693 by Plakon. These bills are concerning F.S.S. 255 Construction Bonds and F.S.S.713 Construction Liens. Two years in the making, it is fair minded legislation to all parties. It has broad construction industry support. When prompted I certainly hope you will contact your personal Senator and House Rep during the 2010 session and ask that SB 1048 and HB 693 be passed in to law. If you have questions, contact me. If you would like to see a copy of these bills, go to http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&ElementID=JumpToBox&SubMenu=1&Year=2010&billnum=1048 and http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=43117&SessionId=64

Wade

State GOP Chairman Greer Resigns

2010-01-05T18:18:00.000-08:00

Florida Republican Party Chairman Jim Greer announced his resignation today, saying his critics would "burn down the house" if he didn't quit.

Former House Speaker John Thrasher, a state senator from Duval County, is expected to be elected chairman at a specially called meeting of the GOP State Committee in Orlando on Feb. 20.

He said complaints about his handling of party finances were "uninformed" and that anger over his open support for Gov. Charlie Crist in the U.S. Senate race had been misinterpreted, but that he had decided that continuing to fight for his job would split the party in a critical election year."

Greer hopes his departure will unite GOP activists and heal sharp divisions.
http://www.tallahassee.com/article/20100105/CAPITOLNEWS/1050307/-1/NLETTER07?source=nletter-news

2010 - A Really Big Year for Florida Politics

2010-01-03T19:56:00.000-08:00

Elections - For the first time ever, every member of the state's Cabinet will be up for grabs in the same election. Governor, attorney general, chief financial officer and agriculture commissioner will each be filled by new people.

A U.S. Senate seat heads up the fall ballot. All 120 state House seats are up for grabs, and more than half of the Senate.

Independent voters, about one in five in Florida, will be a focus in all the statewide races.

Amendments-There are four proposed amendments already on the November ballot.
Fair Districts Florida is trying to meet the Feb. 1 deadline to get 676,811 signatures.

Amendment 1, proposed by the Legislature, would repeal the state's public-finance system for elections.

Amendment 2, by the Legislature, would expand property-tax credits for deployed military personnel.

Amendment 3, by the Legislature, would cap annual assessment increases for non-homestead property at 5 percent and provide tax protection for first-time homestead buyers.

Amendment 4, proposed by Florida Hometown Democracy by initiative petition, would require local votes on significant changes to comprehensive development plans.

Budget-A fourth year of constrained state finances is just ahead of us. Lawmakers will struggle to find solutions to a projected $2.6 billion increase in health-care costs, even as projections for tax revenue improve.

Revisiting expanded gambling, as well as Gulf offshore drilling are debates that will figure in the final budget.

There will be more than $2.7 billion in federal stimulus money propping up the state's budget.

Census-The 2010 U.S. Census will define politics for the next decade.
Florida is likely to vault to become the third most populous state and gain a congressional seat. Population for the state is a factor in federal funding formulas, including for counties and cities.

After the count is in, state lawmakers get to work drawing the political lines for congressional districts and state House and Senate districts.

http://www.tallahassee.com/article/20091226/CAPITOLNEWS/912260316/-1/NLETTER07?source=nletter-news

2010 Florida Legislature to Address Corruption Reform

2010-01-02T07:59:00.000-08:00

After a rash of corruption charges against state and local officials and other political figures, a handful of lawmakers have filed a slate of bills aimed at cracking down on official misconduct.

Senate Ethics and Elections Committee Chairman John Thrasher, R-St. Augustine, is arguing for a move-carefully approach and not to overreact to sensational headlines.

In announcing the second of three petitions he filed with the court - the final one successful - Governor Crist has suspended 33 officials in the past three years because of corruption charges.

Sen. Dan Gelber, D-Miami Beach has filed a handful of measures he said will help crack down on corruption, including a law adding penalties for officials who commit crimes in their official capacity and a constitutional amendment that would increase transparency in the budget process, including requiring public notice when two or more lawmakers get together to discuss the budget.

Rep. Keith Fitzgerald, D-Sarasota, believes that flaws in the process not only allow lawmakers to do favors for special interests, but they encourage it. Fitzgerald has filed the House version of the budget transparency proposal.

The push for toughening ethics laws isn't confined to Democrats. Drawing from grand jury recommendations after a corruption probe in Palm Beach County, Rep. Carl Domino, R-Jupiter, has filed a measure including Gelber's "color of law" penalties for public officials and other proposals meant to strengthen standards for elected officials.

http://jacksonville.com/news/metro/2009-12-21/story/legislature_set_to_hit_the_session_running_on_corruption_reform

Haridopolos 2011-2012 Senate Presidency Official

2009-12-30T11:52:00.000-08:00

Senate Republicans have tapped Indialantic lawmaker Mike Haridopolos to succeed Sen. Jeff Atwater as the chamber's leader. Haridopolos, a conservative Republican, is slated to take over as Senate President in November 2010 following the general election.

Republican leaders made his designation official during a well-attended ceremony in the Senate chamber, where lobbyists looked on from the gallery above and elected officials including Gov. Charlie Crist watched from the Senate floor.

Haridopolos has served in the Legislature since 2000, when he was elected to the House of Representatives, and became a member of the Florida Senate in March 2003.

Haridopolos, 39, is working with fellow Central Florida Republican Rep. Dean Cannon on legislation that would open up waters off Florida to oil drilling.

He received his bachelor's degree from Stetson University in 1992 and earned a master's degree from the University of Arkansas. He teaches political science at the University of Florida. He is married to Dr. Stephanie Bressan of Ft. Lauderdale and has three children: Alexis, Hayden, Reagan.

Sen. Don Gaetz, R-Niceville, noted that Haridopolos - the son of an undercover FBI agent -- is the first Senate president who is a teacher, the husband of a doctor, and the father of a child not yet old enough for kindergarten. http://blogs.tampabay.com/buzz/2009/12/senate-rs-make-haridop-presidency-official.html

GOP Infighting Spoils Hope for Easy Primary

2009-12-01T20:30:00.000-08:00

Florida Republican leaders worked hard to thwart any costly and potentially divisive primaries in this busy election cycle. They failed badly.

State Sen. Paula Dockery was the latest to thumb her nose at the party establishment, formally announcing her campaign for governor recently, just a few months after a battalion of party leaders gathered alongside Attorney General Bill McCollum in Orlando to anoint him as their gubernatorial standard-bearer.

Look at almost every statewide race and you'll see contests for the Republican nomination.
• U.S. Senate: Former Florida House Speaker Marco Rubio is making life increasingly difficult for Crist, who had expected a cakewalk.

• Attorney general: Normally a sitting lieutenant governor would be the overwhelming favorite, but Lt. Gov. Jeff Kottkamp has drawn a challenge from former state Rep. Holly Benson. Tampa prosecutor Pam Bondi probably may jump in soon.

• Agriculture commissioner: U.S. Rep. Adam Putnam, R-Bartow, was going to walk into this seat, conventional wisdom had it. But state Sen. Carey Baker had other ideas.

• Governor: Dockery may be unknown to most of the state, but with a personal fortune at her disposal and a message that paints McCollum as a career politician, she has potential to be a serious threat.

The only statewide race shaping up as drama-free for the GOP is chief financial officer, where Senate President Jeff Atwater has no major primary challenger and Democrats don't even have a candidate.

http://www.tampabay.com/news/politics/stateroundup/tough-primary-races-points-to-a-divided-florida-gop/1050855

Fasano Says Goodbye to Pesions, Hello to Savings

2009-11-30T19:25:00.000-08:00

Fasano, Republican Senator form New Port Richey wants to get state government out of the pension business. He has re-filed his bill that would rename the Public Employee Optional Retirement Program the "Retirement Investment Program" for public workers. The name change signals a new pension philosophy — leaving the safe, relatively low-paying assurance of a "defined benefit" pension for the market-driven, possibly more profitable "defined contribution" retirement system.

Under Fasano's 91-page bill (SB 660), all new employees would have to join the defined contribution plan after Jan. 1, 2011. All current Florida Retirement System members, whether they work for the state or one of the hundreds of school boards and local governmental units whose pension funds are invested by the State Board of Administration (SBA), would still be guaranteed their regular pension benefits.

So why does Fasano, an investments executive by trade, want everybody to put everybody in the market? Two reasons — he figures the state, counties, school boards and other public employers will be able to reduce their contribution rates, eventually, and the SBA will have some cushion on its necessary investment earnings rates.

Fasano was the sponsor of this year's law, taking effect next year, forbidding more "double dippers" to retire and go back to work for the state while drawing pensions. His new bill, he said, will phase out the Deferred Retirement Option Plan, once every employee is in the investment system.

The Senator filed the bill last session but didn't move it. He said he wanted an actuarial study of what it would mean, which will be completed before the 2010 session in March.

http://www.tallahassee.com/article/20091116/COLUMNIST03/911160305/-1/NLETTER07?source=nletter-news

Special Session for High Speed & Commuter Rail?

2009-11-24T21:44:00.000-08:00

A special lawmaking session over high-speed and commuter rail inched closer Monday as legislative leaders and the governor said they were ready to tap surplus money discovered in the transportation budget rather than raise taxes on rental cars.

The surplus money -- about $76 million for the current and next budget years -- should be enough to help fill a hole in South Florida's Tri-Rail system.

Also Monday, opposition to Central Florida's SunRail project started to thaw in the Florida Senate, where the transit system could now be one vote shy of winning passage, according to a Herald/Times vote count.

Federal transportation officials have told Florida officials that the state needs to do a better job supporting Tri-Rail and SunRail to have a better chance at winning up to $2.5 billion in federal money for a high-speed rail project.

The federal government has been besieged with requests from various states for high-speed rail money. And U.S. Department of Transportation spokespeople said Florida's support for the commuter rail systems are just a "factor'' in awarding the grant, which is not "contingent'' on Tri-Rail and SunRail.

The House balked at a proposal to raise rental car surcharges by $2. Last week, state economists bailed the Legislature out of its financing problem by estimating that the state would take in more fuel tax money than had been anticipated: $19 million more this budget year and $57 million next year.

Behind the scenes, rail proponents almost have a guaranteed 20 votes in favor of SunRail in the Senate. That's up from 16 votes last spring. But it's one vote shy of securing passage in the 40-member chamber.

Many lawmakers are concerned with the longterm cost of SunRail -- up to $1.2 billion -- as well as the fact that the owner of the rail line, CSX, wanted the state to completely indemnify it in the case of an accident.

http://miamiherald.typepad.com/nakedpolitics/2009/11/sunrail-nears-2020-vote-in-senate-gas-taxes-save-rental-surcharge-.html

Existing Home Sales Rise to 2-Year High

2009-11-23T18:25:00.000-08:00

Existing-home sales in October rose to the highest level in more than two years, according to a report released Monday, driven by the popularity of a credit for first-time home buyers. The surge far outpaced expectations and nurtured hope that the stubbornly frail housing market might be on the upswing.

Sales of existing homes were up 10.1 percent in October to an annual rate of 6.1 million, the National Association of Realtors said in a report Monday. That was a level last seen in February 2007, before the collapse of the housing sector. Analysts surveyed by Bloomberg News had predicted a 2.3 percent increase.

The group attributed the gain to the popularity of a government-financed credit of up to $8,000 for first-time home buyers.

Inventories continued to shrink, the report said, and prices, while still lower, fell by the smallest amount in more than a year. Sales of lower-cost homes fueled the gains.
Total sales were up 23.5 percent from the October 2008 rate of 4.94 million. In addition, sales for the 12-month period from October 2008 to October 2009 reached 4.4 million, up slightly from the October 2007 to October 2008 levels.

http://www.nytimes.com/2009/11/24/business/economy/24econ.html?_r=1&8au&emc=au

St. Pete Beach Abandons Local Version of Hometown Democracy

2009-11-22T21:00:00.000-08:00

Since beginning a 3-year experiment with their own version of Hometown Democracy, St. Pete Beach residents have seen endless lawsuits, higher taxes and widespread economic turmoil. Recently, citizens of St. Pete Beach scaled back their local version of Amendment 4 so that only certain land use changes require a referendum. The voters chose to rein in their own local experiment by a decisive 60-40 margin.

"St. Pete Beach residents are tired of voting on everything, especially issues that don't even relate to development," said Ward Friszolowski, former Mayor of St. Pete Beach. "This amendment doesn't work. It has resulted in chaotic, confusing and expensive elections driven by sound bites rather than sound planning."

St. Pete Beach is proof positive that Amendment 4 is not designed to give the people a say on growth. It is designed to give anti-growth lawyers another legal avenue to stop commonsense progress, even when voters approve it. In St. Pete Beach, the taxpayers' legal bills continue to mount. Unfortunately, there is no end in sight.

Floridians for Smarter Growth leads opposition to Amendment 4. To date, more than 170 organizations throughout Florida have opposed Amendment 4. More join the fight every day.
http://www.fhba.com/index.cfm?referer=content.contentItem&ID=1998

Wade Mullins
Quality Precast Co.
wadem@qualityprecast.com

One National Perspective on Construction

2009-10-21T12:23:00.000-07:00

As the nation tentatively continues forward with recovery—whether it be a full turnaround or the first part of an unwanted "W" trend—the construction sector continues to try and rid itself of a laundry list of laments. Building permits ticked upward in August at a seasonally adjusted rate of 579,000, a 2.7% increase over July, but were still more than 32% below the same period in 2008. Housing starts also increased slightly in August over July by 1.5%, but completions were again down 5.5% and both figures were more than 25% below the numbers seen at this time last year.

From the federal government's perspective, the industry is heading in the right direction as housing permits are up 16% from a low in April, which is good news after a plummet of 78% between September 2005 and April 2009.

Unfortunately, many local governments are anticipating further declines in property values and commercial construction, further pilfering their already barren budgets.
Though construction is searching for solid footing in its effort to rebound, faced with the challenge that commercially available credit has been decimated in the sector as real estate loan delinquencies are at record highs, the overall trend for construction costs remains negative. Compared to the high costs of August 2008...

http://www.nacm.org/index.php?option=com_content&view=category&layout=blog&id=88&Itemid=200#6

Florida May Consider Pay-per-Mile Motorists' Tax

2009-10-21T12:22:00.000-07:00

Facing a likely future of dwindling gas-tax income, some Florida transportation officials are promoting a new way to raise money for highways and bridges: charging motorists by the mile.

Called the VMT, or vehicle miles traveled tax, the idea is that drivers would pay depending on how far they go, rather than how much gasoline they pump into their cars.

The mechanics and pricing of the proposal are varied, but one experiment in Oregon used a global positioning device in a fleet of cars to track their mileage. That number was read by a device at the gas pump, which taxed the user accordingly.

The test resulted in more revenue than simply taxing gasoline partly because high-mileage cars ended up paying as much as heavy, fuel-guzzlers. The VMT has gained traction as the price of gas has soared, discouraging driving and spurring people to buy more fuel-efficient cars. In Florida, that has meant a drop of almost $7 billion in the five-year work plan, from $43.5 billion to $36.2 billion.

Getting policymakers to enact the tax, however, might be a hard sell.

Right now, Florida, in combination with local government agencies, levies as much as 52 cents per gallon in gas taxes. The federal tax is 18.4 cents per gallon and has not been raised since 1993.

A bipartisan congressionally created panel called the National Surface Transportation Infrastructure Financing Commission recommended the VMT earlier this year. The chairman, Robert Atkinson, concluded it would raise extra money in a fair manner because it follows the "user pays" principle.

But the Obama administration has rejected the idea on a national level.

The VMT could work, but the technology may be years away. The short-term solution is to borrow money for roads and pay it off over time, speed up approvals for road work and enter into public-private partnerships.

The problem is that only 60 cents of every federal gas-tax dollar goes to highways and bridges according to a senior research fellow at the Heritage Foundation, a conservative think tank in Washington. The rest goes for a variety of uses, from mass-transit systems such as trains and buses to bike lanes.

http://www.floridatrend.com/article.asp?aID=51731

MAF Political E News for October 2009

2009-10-21T12:05:00.001-07:00

MAF Political E News for October 2009

The tone for the 2010 Session of the Florida Legislature is being set as you read this article. Organizational meetings for the House and Senate are taking place during the month of October. Bills for the Spring Session can now be filed. Committee Weeks have already been announced for January and February.

The average session will see over 2000 bills filed. We can see up to twenty percent of those pass and head to the governor. But, we know last year wasn’t very typical.

Just a few short weeks before the 2009 Session began, Speaker of the House Ray Sansom resigned amid serious allegations of improper conduct, and House Member, Larry Cretul was selected as the new Speaker. Then the Chief of Staff for the House resigned, which also contributed to delays in getting things accomplished in the House of Representatives. Considering all the time spent on trying to balance the budget with the help of the Federal Stimulus Package, it is amazing that 236 bills actually did pass during the 2009 Session and were sent to Governor Crist for his signature.Speaker Cretul has already notified various interested parties that he is looking to only pass about 200 bills in 2010. One would naturally expect the budget issue to be foremost topic that will dominate the time available during the sixty day session. The other emotional issue that readily comes to mind that you will hear a lot about is off shore drilling for oil.

Wade Mullins
wmullins@qualityprecast.com