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The state legislature has gotten itself into a dilemma because of different rules in the House and Senate when it comes to the budget, which is the only bill the legislature must pass.  The House wants to outlaw lasts minute additions to the budget. Those projects often grease compromise, so now Senate Appropriations Chair Jack latvala (R-Clearwater) is proposing a joint rule which will allow budget additions under two conditions.

“Certain categories of projects not included in the original bills submitted to the conference committee may be included in a conference report, if number one, certain information is submitted at the time the project is proposed to the conference committee. And number two, very importantly, the conference committee provides time for public testimony, which would outline the projects” explained the senior Senator.

A House panel voted 10-5 today in the state capitol to abolish 28 state run incentive programs, including Enterprise Floria, the state’s business development arm. CEO Chris Hart says he’s tightened travel procedures and reduced salaries since taking over the troubled agency in January.

“We understand the taxpayers is ultimately funding economic development” says Hart. “Its a public good, just like transportation and education are public goods. And because of that, we recognize that taxpayers are out shareholders, and we’re always looking to bring the highest return to the shareholder we possible can.”

Keeping funding for Enterprise Florida is a top priority of the Governor.

Legislation filed today in the state Capitol would allow people to donate their electronic medical records after their death to research. All or just part of the records could be donated. Sen. Jeff Brandes says researchers crunching the data in the records could be lifesaving.

“Ultimately those medical records should be able to be donated to for longitudinal studies for research and science that’s currently not being done” says Brandes. “We think we’ll be the first state. we think we’ll save thousands of lives by making this available to for research”

the legislation allows records to be donated anonymously.

More than a hundred volunteers from across the state were in the Capitol today, asking lawmakers for more money to research Alzheimers and to find help for care givers. Pamala Gaylor came from Clearwater to share stories about her mothers five year battle with Alzheimers.

“It’s very hard when you have to quit your job to take care of your family member, because you don’t know how to do this, what the diseases bring to the fore. It was just very tough. You feel all alone, even though you have family support, because its a hard disease. It will take the person who is the care giver out, as well as the person who has the disease” says Gaylor.”

Last night, the state Capitol was lit with purple lights to honor those with the disease.

A House panel in the State Capitol voted ten-to-five to abolish twenty eight state programs that provide economic development incentives. As Mike Vasilinda tells us, the legislation sets up a three way show down between the House, The Governor and the Senate.

The list of agencies being abolished by the legislation is long. On Tuesday, the Governor said the drive, lead by House Speaker Richard Corcoran was political.

“what else could it be? asked Scott.

But the Speaker says it not about politics, but about what works and doesn’t

“There is a lot of emotional statements being made, but can we get a fact, a factual example of how picking winners and losers helps the little guy and little gal? And it doesn’t” says Corcoran.

Several lawmakers told us they are not hearing from constituents about the incentives package, But Rep, Kathleen Peters has been getting an earful.

“I’m getting inundated with emails, text messages and phone calls regarding any kind of elimination for Visit Florida.”

State economists told a Senate panel chaired by Senator Jeff Brandes (R-St.Petersburg), the state needs to focus on helping smaller businesses, not big corporations.

“We can do something better with those dollars and I think its really, really focusing where those investments  to be made in the future provide the best ROI for the state” says Brandes.

The Governor continues to say without incentives, jobs will be lost.

In a seven minute interview the Governor used the word jobs more than 30 times.

“This creates jobs. that wants that new job. Better Paying Job. For the best jobs. I want to get the best jobs. Some people are going to lose their job. If you don;t care about people’s jobs. I care about people’s jobs. Help a poor family get a job.What I care about is getting people jobs. We want the best jobs. This is about getting people jobs. Its about jobs, do we want more jobs or less jobs. It is about jobs.”

Scott clearly believes jobs are his legacy and incentives matter. The committee approved killing the incentives package by a 10-5 vote.

Florida has one of the broadest public records laws in the nation but advocates say it is under attack in the State Capitol. Agencies that unlawfully refuse to give up records must pay the requesters legal fees, but As Mike Vasilinda tells us, legislation that narrowly passed a committee today could make legal fees harder to recover.

The Senate Committee was told horror stories about local governments being shaken down by bad actors under the threat of a public records lawsuit. Buddy Jacobs represents the State Attorneys Association.

“I defend State Attorneys in ridiculous cases where people play gotta” Jacobs told lawmakers.

Both sides say the threatened lawsuits are a shakedown by just a handful of people that have cost governments tens of thousands. Barbara Peterson, First Amendment Foundation President described the scam this way.

“What they do is they make their request, a few days later they file their lawsuit. A few days after that they call the agency and say pay me to thousand five hundred dollars and I’ll drop the lawsuit.”

The one page legislation adds a five day notice before a lawsuit can be filed and it changes the word shall to may when it comes to awarding legal fees.

Rich Templin of the Sunshine Coalition calls the measure overkill.  “And I find that  troubling that we are willing to change the legal enforcement of a fundamental constitutional right because of a few jerks out there, who frankly, are abusing the public trust.”

The League of Cities agreed to less drastic changes last year. Lobbyist Casey Cook urged lawmakers to do something. “From my members perspective, they just want these abuses to stop” says Cook.

The bill narrowly passed 4-3

Peterson is hopeful that the close vote will open sponsors to a compromise.

“We can reach a compromise. We reached a compromise last year” she said afterwards.

But without a change in the bills language, most agree fewer lawyers would be willing to take some cases. That would give governments a free pass to keep some records secret.

The Bills sponsor says attorneys will still take good cases because the likelihood of winning is good. The 4-3 vote was along party lines with Democrats voting no and GOP lawmakers saying yes.

 

Governor Rick Scott told reporters today that reluctance on the State House to approve money for jobs incentives and tourism advertising and incentives will cost people jobs. Scott blames House Speaker Richard Corcoran for the lack of funding, saying Corcoran is using the incentives as a platform to run for Governor in 2018.

“How can anybody say we don’t want to help a poor family get a job. How can anybody say, Oh, this investment where we get a return, we don’t want to keep doing that. It has to be…the only thing this could be is politics. You would never think this way in business” Scott told reporters.

A House committee today took action to eliminate 23 different incentives. In a statement, House Speaker Richard Corcoran said: ” I think the Governor is a good man and a friend.  However, we were elected to do what is right and clean up government, put an end to the waste of taxpayer money, and end the culture of corruption. The Governor cannot be surprised that we will do the right thing regardless of the consequences. Whether it is EFI, VISIT Florida, or Obamacare expansion, we never question the Governor’s motives.”

 

About 30 cancer survivors rode bicycles from Tampa to the State Capitol to highlight the need for more cancer research. Moffit is seeking an extra 8 million dollars from lawmakers this year to build a new research building which the hospital says will advance cancer research. Exec VP Thomas Sellers touted the hospital’s accomplishments.

“We’re the number six cancer hospital in the country, we’re the number one cancer hospital in Florida and we’re number one in the southeast. (applause). What that means is that demand is outstripping our capacity” says Sellers.

Today was the 12th annual Moffit Day at the Capitol.

Florida’s Community Health centers have seen cuts in state funding, but now they are asking lawmakers for 18 million dollars to fund visits for 150 thousand poor people. Asked about how the end of Obama Care would impact those they see, Director Andrew Behrman says that’s the unknown factor.

“We are here to see all patients, regardless of the financial status of that patient. That is what we do. That is the mandate that we have. Certainly the impact of these things  may invoke something on the pay side. we don;t know. We don’t know what it means in terms of the service being requested” says Behrman.

One in three of the centers patients is uninsured, four in ten are medicaid enrolled, and 90 percent are below 200 percent of the federal poverty level.

Legislation filed today would require all future franchisee contracts to provide more protections for the Floridians who buy into fast food restaurants and other types of franchises. State Senator Jack Latvala got interested in the legislation after exploring opening a restaurant and found he could be forced out at the end of a few years, losing most of his investment.

Sot: Sen. Jack Latvala

R-Clearwater

“I think the contracts are one sided. They favor these big corporations at the expense of small business, hence the name Protect Florida’s Small Business act” says the sponsor.

But one Fast Signs franchisee says government doesn’t need to get involved.

“If there are abuses, it’s like anything else” says John Buck. “You deal with he abuses one on one head to head, whatever that takes. I don’t think you need government intervention.”

Under the legislation, contracts would have to be renewed if the franchisee was in substantial compliance with the contract. Now, The franchisor has the right to cancel at the end of the term.

A handful of students, state lawmakers, and advocates gathered at the state capitol today to protest the Presidents Supreme Court Nominee. they argue Judge Neil Gorsuch would be bad for gay rights, the LGBT community and for women.

“The right to safe and legal abortion has been the law of the land for 40 years and is part of the fabric of this country. Judge Gorsuch’s record shows that he could vote with the court to overturn Roe v. Wade. That simply is unacceptable and would take us back decades in the fight for women’s equality and for women to make their own health care decisions” says Missy Wesolowski from Planned Parenthood.

A Democratic lawmaker said not giving President Obama’s nominee a hearing last year means the GOP stole the nomination, arguing it sets a bad precedent for future nominees.

The most common ways for recommending amendments to the states constitution are by citizen initiative or by the state legislature. but once every 20 years, an appointed Constitution Revision Commission tackle what citizens or politicians can’t. As Mike Vasilinda tells us, the first three of 37 appointments were made today.

37 people selected by the states political and judicial leadership will shape recommendations to change the state’s basic document. Chief Justice Jorge Larbarga appointed his three members. They are a Jacksonville lawyer, a former state senator and civil rights activist from Tampa, and a Miami immigration lawyer who was close to Jeb Bush.

The Chief Justice said he asked nothing in return.

“I’m appointing them for their experience and their judgment based on that experience, and their appreciation of the three branches of government” Labarga told reporters.

The Chief Justice could have appointed himself but did not. He’s got just one thing on his wish list.

“If I had to ask for an ask, it would be the preservation of an independent judiciary to render decisions.”

This past November nearly half the state legislature was elected in a closed primary.  the 1998 revision commission sought to fix that, but a loophole has kept Democrats from voting for Republicans and vice versa. Political Scientist Carol Weissert says fixing the so called write in loophole would better reflect the states purple nature.

“In this day and time when we have so many NPA’s in the state, particularly the young people. is this something we want to do for the next 20 years?” asks Weissert.

The Commission makes its own rules, and it can do just about anything it wants, and the only check is that it has to be approved by voters.”

The commission has only met twice in the states history. In 1978 voters turned down 5 proposed amendments. In 1998, eight to ten ideas were approved.

Governor Rick Scott has 16 appointments to the revision commission, including naming its chair. The House Speaker and Senate President each have 9 appointments. Questions about judicial independence and an independent funding source for the courts are expected to produce heated debate when the commission meets.

Katherine Magbanua, the accused go between the hit man who allegedly shot an FSU law professor, and allegedly the ex-wife’s family who wanted him dead, asked for and got a 90 day delay in her trial that was set to start later this month. Magbanua is seen as the key to linking the ex-wife’s family to the case, but Lawyer Tara Kawass says she doesn’t know anything and is innocent.

“We are of the position and our client is of the position that what the state is seeking is information she does not have and which is not true” says Kawass. “And she is not going to put herself in a position of just saying what it is she thinks they want to hear in order to get something in return.”

Prosecutor Georgia Cappleman admits the case is complicated by Magbanua’s refusal to talk, but says it can be overcome.

“This is a challenging case and its complicated. It does throw a wrench in things that there are other suspects that are un-indicted, but I think we can proceed forward with this defendant with a jury that’s independent just to her” says Cappleman.

The judge set May first for lawyers to appear in court and set a trial date.

House Speaker Richard Corcoran will make 9 appointments to the Constitution revision Commission. the panel meets once every 20 years to suggest changes to the states basic document. Dozens of heavy hitters have applied, and the Speaker says he’s looking for people who won’t tamper, much.

“I’m looking for people who are constitutional conservatives, who recognize the role of a constitution, are willing to tamper with it only when necessary, And those people who have that conservative constitutional aspect. they’re going to be people who respect the separation of powers, respect the constitution, and respect its role” says the House Speaker.

The Senate President will also make 9 appointments. the Governor has 16, including the chair of the commission.

Legal aid services have never provided help to more than twenty percent of those in need, but since the recession, funding has dropped by 20 percent, Now as Mike Vasilinda tells us, solutions being discussed include a web portal and requiring third year law school students to do more.

Ten million Floridians qualify’s for free legal aid, but there ar only 408 legal aid lawyers statewide.  Donny MacKenzie, past President of the Florida Bar Foundation, says the math doesn’t work.

“That’s about one lawyer for eight thousand clients. You can’t do that” says MacKenzie.

For the last year a commission has been looking for solutions. It was created by Chief Justice Jeorge Labarga, who as a trial judge saw too many people who didn’t have a lawyer or a clue in his courtroom.

“It costs money in Florida to file for divorce. Its a big fee here” says the Chief Justice. “I think its over four hundred dollars, You and I can write a check for four hundred dollars, but a lot of people can’t, so they just stay married when they don’t want to be married.”

A study by the Florida Bar Foundation found that every dollar invested in legal aid provides seven dollars n benefits.

“When a victim of domestic violence gets the help she needs to move on, those around her get the benefit” adds MacKenzie.

A pilot program in Clay County, outside Jacksonville, asks questions and provides answers and help with needed forms online in two areas, Landlord tenant and divorce.

The pilot is being overseen by Jim Kowalski, CEO and President of Jacksonville Area Legal Aid.

“And so this is the digital doorway to the courthouse, tying together on line support have in place. tying together clinics and self help centers that the legal aids manage throughout the state” says Kowalski.

One idea gaining steam is to have third year law students do a lot less classroom work and a whole lot more legal aid.

The Bar and the Court are not asking for cash from the state yet. But for starters they are asking corporations and practicing lawyers to do more.

The Clay County study is also piloting what is being called “Low Bono”. It’s not free help, but lawyers charge just a dollar a minute. Florida is one of only three states that do not budget some dollars for legal aid.