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House, Senate Divided on Uber Regulations

April 23rd, 2015 by flanews

Drivers who work for ride sharing companies like Uber and Lyft would be required to carry a state backed insurance policy and adhere to stricter background checks if state lawmakers get their way. As Matt Galka tells us, the legislation is a part of a big fight between the upstart companies and traditional cab companies.

Innovation is squaring off with regulation at the Florida Capitol.  Lawmakers are trying to set the rules for ride sharing services like Uber and Lyft, which allow people to turn their vehicles into pop-up taxis for money.

While almost any car on the road could be used as a ride sharing vehicle, lawmakers say the problems they need to fix start with the insurance card in your wallet.

Senator David Simmons (R-Altamonte Springs) bill would require ride share drivers to carry minimum state regulated insurance policies regardless of whether they’re on the clock. Most policies don’t cover ride sharing.

“First things first and that’s taking care of citizens in the state of Florida who may be injured as a result of an injury in an automobile in which there was ride sharing for which there’s absolutely no insurance coverage,” said Sen. Simmons.

The House has a similar proposal. But an amendment passed Thursday that will put potential drivers through a tougher Level II background check

“Why would we not want to insure that every rider that gets in a rideshare company vehicle has some protection or at least the best protection that we can give them,” asked Rep. Kathleen Peters (R-St. Petersburg).

Taxi company lobbyist Ron Book says all of these decisions should be made city by city.

“They should be required to carry the same levels of insurance that taxi and limo companies are required to carry. We don’t believe there should be exceptions to a preemption,” he said.

The House’s version of the bill would preempt local regulations that have passed around Florida.

Uber is currently insured by an out of state company. The Senate’s bill would allow insurance claims to be paid out by the state if a driver’s insurance company went bankrupt. The House and Senate have 6 days to get their bills synched up if they hope to pass any regulation.

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24 Hour Wait for Abortions Passes House

April 22nd, 2015 by Mike Vasilinda

Women may soon have to wait at least 24 hours after consulting a doctor to have an abortion. The day long  wait was approved by the full house today after, as Mike Vasilinda tells us, impassioned debate and warnings of problems with the courts.

For more than an hour the debate raged. Making women wait a day was either “Disrespectful and offensive to women” said State Rep. Cynthia Stafford of Miami.

Or it’s fair. “No other elective, significant surgical procedure is ever done on the same day as the initial consultation” said Cary Pigman of Sebring. Pigman is a medical doctor.

The legislation makes an exception for women who have been raped, or are victims of domestic abuse or human trafficking…but they have to show documentation. That angered retired police officer Victor Torres. “Do you think she’s going to have documentation. She’s going to run to the police and report it because its a family member? No” said Torres.

Others, like Janet Cruz (D-Tampa) called the wait a de-facto ban, because it would make women drive as much as a two hundred miles round trip on two different days to get to a clinic. “Do you think a woman who has to work and pay the bills has the ability to take two days to travel 400 miles for a procedure?’

At 23, Sponsor Jennifer Sullivan is the youngest member of the House.

“It has been said on many occasions that I am anti woman, and that I don’t trust women. And so for one last final time, I’d like to say that is not a fact.”

Nat sot of passing  77yeas, 41 nays Mr Speaker

While the debate was mostly along party lines, four Republicans did vote no, and one Democrat did vote yes.

Heather Fitzenhagen of Ft. Myers was one of  four GOP members to vote no.

“I think its unwanted government intrusion” said Fitzenhagen.

Opponents warn the waiting period will run afoul of a strong constitutional right of privacy thats in Florida’s constitution.

Florida has one of the strongest rights to privacy written into the state constitution, and 63 percent of the voters in 2012 rejected attempts to weaken that right when it came to abortions.

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Uber Insurance

April 22nd, 2015 by Mike Vasilinda

Ride sharing services such as Uber or Lyft will face greater insurance requirements under legislation given tentative approval by the state Senate today. The legislation requires the same insurance that taxi cabs are required to have but only when the car and driver are actively working. It also makes it a misdemeanor for the driver to ferry people without insurance when he is off the clock. Senator David Simmons calls it must pass legislation,

“This is totally uncharted territory and what we;’re doing is writing the script right now. Ands what we are trying to do is make something that is fair an d reasonable and assures that the people of the state of Florida are protected, because right not, they’re not” says Simmons.”

Under current law, passengers in so called Transportation Networks like Uber are covered if they are hurt, but not drivers of other cars or pedestrians that might be hurt by the ride sharing drivers.

 

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April 22nd, 2015 by Mike Vasilinda

grant

For the last 8 weeks, residents in Tampa’s House District 64 have been without representation in the State Capitol. That changed today when Jamie Grant was sworn in  after winning a special election with more than 90 percent of the vote against a write in candidate. At the center of the special election was a court challenge over whether a write in candidate had to live in the district when qualifying. A court ruled they did not, putting last years election, which Grant also won, into doubt. Today the House repealed the residency requirement for write in candidates.

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High School Athletics Changing

April 22nd, 2015 by flanews

Major changes could be coming to high school sports, and as Matt Galka tells us, opponents are worried a free agency market has opened up for players.

The landscape of high school sports could change if House legislators get their way. A bill that could eventually eliminate the Florida High School Athletics Association passed overwhelmingly.

It would also allow kids to go to a school of their choice if their current school doesn’t offer a certain sports program.

Representative Kevin Rader (D-Boca Raton) voted no because he said it created free agency. He referenced Brandon, Florida’s 34 year high school wrestling winning streak that was achieved with homegrown talent.

“They were the best wrestling program in the state starting when they were young, and that’s what we should be doing with student athletes, not trying to get them to switch schools,” he said.

The bill’s sponsor downplayed the fears.

“This affects very, very few kids because we’re talking about small schools with no athletic programs that this would allow kids to participate at another school. Once they go to that other school, that’s their school of record,” said Rep. Manny Diaz (R-Hialeah).

The bill could also help families who have kids playing sporting events over multiple days. It gives fans the option to buy multi-day tickets instead of spending money each game.

“You could imagine a family of four or five going to watch a sibling could end up paying over 100 dollars just to watch a son or brother or sister play,” said Rep. Diaz.

The FHSAA responded to the bill in a statement saying it “trumps academics with athletics and tosses fair play to the side.”

The Senate is expected to take up their version of the bill later this week.

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Abortion Wait Debated by Full House

April 21st, 2015 by Mike Vasilinda

State House members today gave tentative approval to a measure that would require women to make two visits to a doctor and wait at least 24 hours in between before having an abortion. As Mike Vasilinda tells us,  efforts to require men to wait 24 hours for a vasectomy were ruled out of order.

Women seeking an abortion must already have an ultrasound and counseling on  the procedure. Now sponsor Jennifer Sullivan (R-Lake County) wants to add a second visit and 24 hours between the ultrasound and an abortion.

“A lot of women are pressured into having this procedure. Those women, especially that are my age that have their entire future ahead of them, perhaps their education, their career” says Florida’s youngest lawmaker (23).

The measure says the visits must be in person  despite a burgeoning telemedicne movement. Sullivan says personal visits are warranted. “I think that this procedure is very different than many others and that’s why I would take this stand that I have.”As initially written, even women who were raped, or victims of incest or human trafficking would have to wait. That changed. Rep. Rene Plasencia (R-Orlando) offered the amendment. “They must present a physician’s copy of a restraining order, a police report, a medical record or other court order or documentation” says Plasencia.

Democratic Leader Rep. Mark Pafford (D-West Palm Beach) argued the amendment didn’t go far enough. “Your amendment would not cover those women, 68 percent, who do not report, who do not have that documentation” says Pafford.

Plasencia responded: “You can;’t just walk in and say that you were raped or say that you were a victim of domestic violence. You have to have the documentation.”

Signify by saying yeah! Yeah!

Sponsors made it clear they were only offering the rape, incest, or human trafficking amendment to give the legislation a chance in the Senate,. For many, including Rep. Lori Berman (D-Boynton Beach) the concession wasn’t enough.

“We need to trust women and if they say they were a victim of it, we need to believe them” said Berman before voting no.

An amendment to require men to wait 24 hours before having a vasectomy was withdrawn, after it was ruled out of order.”

A final House vote could come on Wednesday.

Opponents pointed out that some women in rural counties could be faced to drive up to two hundred miles round trip for the consultation and then have to repeat the trip the next day.’

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Write-in Candidate Law Questioned

April 21st, 2015 by Mike Vasilinda


Taxpayers in one county ( Hillsborough) are spending an estimated quarter million dollars for a special election that will likely elect incumbent James Grant. The November election was spoiled over a residency dispute with a write in candidate.  At the state Capitol the House gave tentative approval to a measure saying write in candidates don’t have to live in the district until they are elected, but sponsor Joe Geller says he would like to see the entire write in process changed.

“Our whole system should be looked at. Frankly, I think NPA’s should be able to vote in any party primary. That was also part of my bill. And we need to stop this write in practice because that’s just not on the level. If somebody wants to run, they should qualify. In this state you don;t even need any money, you can do it by petition. But we should limit it to qualified candidates” says Geller.

No write in candidate has been elected since changes made to election law in 2001 allowed their presence to close what would otherwise be an open primary where all voters can cast ballots.

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Milk Comes from Cows (among other animals)

April 21st, 2015 by Mike Vasilinda

Kids across Florida got a reading lesson on the importance of Agriculture. The brainchild of Ag Commissioner Adam Putnam, volunteers read in classrooms and the state Capitol. Putnam says the idea is to connect the farm to the city, where most kids live.

“It’s in rural counties and urban alike, and creating the connect between dairy cattle and milk, or between citrus groves and orange juice and kind of establishing the point that is is an important part of Florida’s past, present, and future” says Putnam.

The reading touched briefly on the financial importance of Agriculture, which is second only to tourism in its impact on Florida’s economy.”

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LIP Service

April 21st, 2015 by flanews

A federal program called LIP – which supports hospitals treating low income patients is going away, and has caused a budget roadblock in the state. Medicaid expansion has come up as a potential fix to the problem, but as Matt Galka tells us, a secret meeting of House republicans indicates a standoff between the House and Senate will continue for the foreseeable future.

Member after member of the House Republican caucus filed into their closed door meeting Tuesday. Open government laws require lawmakers to hold open meetings…except when they’re not discussing pending legislation.

Rep. Steve Crisafulli/(R) House Speaker

“Our General Counsel went through our talking points. I was very scripted, and he said that everything we were doing in that meeting was perfectly in the confines of the law,” said Republican House Speaker Steve Crisafulli.

2015’s biggest issue – Medicaid expansion – was discussed. But since the House won’t take up the issue, they say they weren’t breaking any laws. And they repeated that they won’t take up the Senate’s plan which could help 800,000 Floridians – elongating a standoff.

“We had 8 hours of debate on this issue of their plan, we don’t even get hearings over there, we don’t get agenda’d over there, that’s the issue,” said Rep. Richard Corcoran, the House’s Speaker in Waiting.

At the same time House Republicans were holding their closed door meetings, State Senators had a public presentation on Medicaid.

Florida’s chief economist Amy Baker said losing federal LIP funding will have a substantial impact.

“Roughly the impact would be to lose about 20 thousand jobs over this five year period,” she said.

The Senate isn’t changing their tune on pushing Medicaid expansion as a fix.

“It’s important that everybody sees these numbers, and it’s important that everyone sees where we are, when we don’t finish with a budget, I think that everyone knows when they look at this, why,” said Senate President Andy Gardiner.

Without a budget, lawmakers will have to spend taxpayer money to go into overtime or call a special session.

Governor Rick Scott has stood against Medicaid expansion this year, but the Senate’s budget chairman said a recent face to face indicated the door was open to Florida possibly accepting federal money. The budget doesn’t need to be finalized until July 1st.

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Testing Troubles Surface Again…AIR to Face Penalties

April 20th, 2015 by Mike Vasilinda

For the second time in six  weeks, the first day of new standardized testing in Florida was problematic for some counties. As Mike Vasilinda tells us, state officials says an unauthorized change by the test vendor created login in problems.

From Tallahassee to Ft. Myers and Miami to Pensacola, Districts shut down math and reading testing. Leon Superintendent Jackie Pons says the disruptions can’t be tolerated.

“Our students are being used like Guinea pigs to go in and take a test, and they they are  held to the measure that you might not be able to go to the next grade on the basis of one test and they can’t even log in. This is madness. We got to end this.”

For the second time in six weeks, vendor American Institute for Research has made changes to the programming on the eve of testing…this time without permission.

ducation Commissioner Pam Steward was a no show at a a scheduled event.  In a statement she said “The company’s failure to follow protocol is absolutely unacceptable and the Department will hold AIR accountable for the disruption they have caused to our state’s students, teachers and school staff.”

State Senator Bill Montford wants to go a step further, throwing out test results for this year and perhaps next.

“And there once agains saying you can’t take it now. You’;ve got to come back in 30 minutes or you gotta come back tomorrow, that totally disrupts the process.”

Lawmakers passed and Rick Scott signed legislation last week  saying this years test won’t be counted unless it’s validity is proven by an outside party.  Florida Teachers Union Vice President JoAnn McCall sayS the latest problem is proof enough.

I believe were going to start asking our members to flood the Governor’s office with calls to suspend all testing for the remainder of the school year.”

Vendor American Institute for Research has a five year, 250 million dollar contract to administer the test.

In early March the state experience four days of testing delays when the Student Assessment test was rolled out. The vendor has yet to be fined.

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5 Years Later, Many BP Oil Spill Claims Unpaid

April 20th, 2015 by flanews

Today marks 5 years since BP’s Oil Rig Deepwater Horizon dumped millions of gallons of crude into the Gulf. As Matt Galka tells us, even though Florida didn’t get the worst of the catastrophe, the state is steel feeling the effects.

 

The BP Deepwater Horizon oil spill killed 11 workers and dumped more than 130 million gallons of crude into the Gulf 5 years ago. FloridaState professor Ian MacDonald was at the forefront of estimating the amount of oil being spilled into the ocean. He says restoration is a long way from completion.

“In many ways we are still playing a waiting game to see what’s happening and we are still working out with the government and academic scientists what the best strategy for restoration is,” said Dr. MacDonald.

BP has spent more than four billion dollars in Florida for claims and restoration. Eric Draper with Audubon Florida says that’s helped when it comes to animal life that was wiped out because of the spill.

“Our bird life is back in a significant way. One of the significant things that happened with the BP oil spill is that some of the penalty payments were used to establish bird colonies all over the gulf coast of Florida and birds are thriving in those colonies,” said Draper.

Legislators say they’re still hearing about the claims process from Floridians and business owners

“Now, I understand that there’s a lot of questions about fraud and that’s a serious issue. But we cannot forget and we can’t underscore the fact that those who have been damaged by BP have to be made whole,” said Sen. Bill Montford, who’s district includes two coastal counties.

Florida led all states with more than 94 thousand claims filed after the spill.  Around 62 thousand have been paid. If you were affected by the oil spill and have yet to make a claim, the deadline is June 8th.  Go to www.deepwaterhorizonsettlements.com to start the process.

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April 16th, 2015 by Mike Vasilinda

Hard ball politics over health care reform are on full display at the State Capitol this week, and as Mike Vasilinda tells us, Governor Rick Scott is now threatening legal action against the Obama Administration.

”We need you to flip one more time Rick!”

Rick Scott was once for expanded healthcare. Now he is against it. A hundred nurses took over the Capitol’s fourth floor rotunda to urge Scott to “flip again” State Senator  Oscar Braynon (D-Miami) told the nurses that people at the Capitol are talking theory when a health crisis is real.

“In theory, we may lose our public hospitals. In theory, people may not get health coverage. In theory people will actually die as a result of this.”

The Federal government has said it is pulling the plug on two billion in funding for hospitals who treat people who can’t pay. That’s unless the state adopts a Senate plan to expand care to the poor using federal money.

The standoff has the House and Governor on one side and the Senate on the other.

Despite the nurses upstairs, Governor Rick Scott,in a release, said he’s standing firm.

flip00000005Scott’s office calls the threat of losing money cohesion and says he will file suit against the Obama Administration. Scott was out of town, but Lt Governor Carlos Lopez-Cantera spoke for him. “Well, we need to explore every option to ensure that these funds are available for the most needly here in Florida.”

At a minimum, the standoff will trigger an expensive special or extended legislative session. House Democratic Leader Mark Pafford calls it unnecessary.

“I mean its wasted money. What have we done?  We can put together an 80 billion dollar budget in 60 says.”

And in the first sign of a thaw in the fight, House Speaker Steve Cristifuli says the House is reviewing its options.

“You know, finding other free market ways to approach that is what we are looking at” says Cristifulli.

A plan to cut taxes sought by the Governor is already an early casualty of the standoff. It’s on hold while lawmakers sort out how to get themselves out a dilemma of their own creation.

More than 800,00 people would be covered under an expanded Medicaid program. The Federal Government would pick up the tab for the first three years, and 90 percent in year four. Opponents say they don’t believe the Feds will follow through in later years.

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End of Life Marijuana

April 16th, 2015 by Mike Vasilinda

Debate over legislation allowing terminally ill people to use experimental drugs turned into a debate about medical marijuana at the state Capitol today. Rep. John Wood, of Winter Haven sited the constitution and says sick people who believe marijuana will help their condition should go ahead and break the law.

“The right to try represents a core value, protected in by our constitution. And if you are facing death and there is a substance you want to use for your personal health, that’s not set forth in this legislation, assert your constitutional right and use it.”

The remarks brought applause from fellow members. Wood and others voted to bring back legislation next year to widen the scope of medical marijuana in Florida.

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Online Voter Registration

April 16th, 2015 by flanews

Registering to vote by using a pen and paper in person could be a thing of the past under a proposed online voter registration bill. But as Matt Galka tells us, one of the Governor’s top officials, the Secretary of State, is adamantly opposed, much to the dismay of Senators.

Florida lawmakers say it’s about time the state joins 20 others in implementing online voter registration.  A computer based tool that could help boost ballot numbers.

“We can’t be stuck in the 1900’s anymore, we’ve found a secure way of doing this,” said bill sponsor Sen. Jeff Clemens (D-Lake Worth).

But Secretary of State and top election official Ken Detzner isn’t backing it, even though he originally did. Senators grilled him over his flip flop.

“Have you had any direction from the Governor’s office or anyone else that influenced you to change your position and say that we shouldn’t do this and shouldn’t pass this bill?” asked Sen. Don Gaetz (R-Niceville).

Detzner gave a wordy “no.”

“I’m concerned about having the date hanging over my head because it changes and enforces a realignment of the people and the resources the taxpayers resources,” he said.

The program would need to be in place by October of 2017. Clemens isn’t so sure the lack of support isn’t just a Republican roadblock.

“Truthfully, if you’re giving someone two and a half years and you can’t do it, than you probably need to find some new staff,” said Sen. Clemens.

The sponsor said he’s admittedly worried about a veto, but it might not even get that far after hitting a snag on the House floor. The bill was supposed to be taken up but was postponed after questions arose over funding.

The Senate says the program could cost anywhere between $250 grand up to nearly $2 million, based on other state’s implementation.

Florida’s House Speaker said his chamber could take up the Senate bill, but Florida Governor Rick Scott could veto the measure if it makes it to his desk.

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Same Sex Bathroom Bills fails to get key Committee Hearing

April 15th, 2015 by Mike Vasilinda

Same sex bathroom legislation that has been highly controversial a the state capitol failed to get a key committee hearing  this week effectively killing the bill. But as Mike Vasilinda tells us, transgender activists say it is too early to claim total victory. the legislation requires people to use restrooms matching the gender on their official ID’s.

The House Judiciary Committee held it’s final hearing this week. Not on the agenda; Same Sex Bathrooms. Chair Charles McBurney of Jacksonville chose not to force his members to vote on something so divisive.

“If its not going to be heard in the Senate, or its not going to go far in the Senate, regardless of its merits or lack thereof as the case may be, we don’t hear it” says the Jacksonville lawmaker.

At the bills last hearing, 50 people signed up to speak.

“What is going to happen to me when I walk into a male bathroom? Asked a man undergoing transformation to a woman.

Because the bill didn’t get heard, its fair to say its on life support, but nothings really dead here until lawmakers go home.

Sponsor Frank Artilles says he isn’t backing down.

Q: Dead?” we asked.

“Um, I don’t know. The legislative process doesn’t end until May second.”

Q: Would you attempt to amend it?’

“We’ll see. Everything on the table.”

Artilles options are limited. To revive the legislation he would have to attach the bill as an amendment to another bill dealing with the same chapter of law…There is only one likely target…legislation being voted upon next week protecting pregnant women from discrimination. We asked Sponsor Geraldine Thompson is she would accept such an amendment,

“I would not” she told us.

Carlos Smith of Equality Florida says he will be watching to make sure there are no shenanigans with the bill…while at the same time saying people made their voices heard.

“Citizens, everyday citizens are not going to be, they’re not going to tolerate this type of discrimination” says Smith.

And on the same day the committee didn’t hear the bill, lawmakers sent the Governor legislation ending the states ban on gay adoptions.

The legislation requiring people to use the bathroom of the gender on their official ID isn’t the only highly controversial bill on life support. Senators said this week they would likely not hear the bill allowing gays to be discriminated against by adoption agencies.

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