Friday, May 13, 2011

2011 Florida Legislature Review

We have learned in the 2011 Florida legislative session that Republicans being the supermajority in both houses doesn’t really amount to much in regards to “conservative” legislation, except in what relates to abortion issues. That’s why they were elected. At least they were true to their tea party constituency.

The biggest loser of the Republican fiasco was Gov. Rick Scott. He didn’t achieve many of his top priorities. The Legislature only passed $308 million in tax cuts - hardly the $1.7 billion he asked for at the beginning of the session.

Gov. Scott’s wrestling with public employee unions didn’t go anywhere. He did not even get a plan to ban automatic payroll deduction of union fees from public employees.

Issues like increasing health-care costs for state workers, a wage freeze and the 3-percent paycheck deduction for retirement were hardly winning issues for Gov. Scott. These issues have been on the legislative agenda for a while. Most public employees knew what was coming regardless of who was governor or what political party for that matter. This was simply economics.

It’s funny. The only job that legislators have in the 60-day legislative session is to pass a balanced budget. Yet, it was in the wee hours of the 60th day that legislators got down to a debate and actual confrontation between the House and Senate members in order to pass the $70 billion budget with no new taxes. It would have been much better for Florida voters to watch this confrontation throughout the 60 days instead of waiting till the last minute.

The Legislature actually passed several “liberal” issues like SB 1446/HB 449, allowing some ex-felons to apply for an occupational license and public employment before having their rights restored. SB 450/HB215 protects from civil litigation people who offer temporary housing, food, water or electricity to an emergency first-responder or immediate family member of an emergency first-responder.

The Legislature also dealt with several housekeeping issues. SB 1886/HB 1039 bans bath salts, HB 125/SB 344 bans abuse involving sexual contact with an animal. HB 61/SB 228 prohibits students from wearing saggy pants in school. SB 888/HB 75 decriminalizes sending sexually explicit text messages, photos or video via cell phone or other device by minors. SB 408/HB 803 allows insurance companies to offer comprehensive sinkhole coverage. SB 722/HB 4075 classifies as not dangerous dogs found as part of an animal-fighting ring. SB 476/HB 883 forbids local governments from treating “vacation rentals” differently than other homes. SB 818/HB 7095 limits ability of doctors to dispense prescription drugs. SB 330 makes it illegal for a candidate to falsely claim military service.

On the weird side, the Legislature tweaked Florida’s elections laws seemingly to favor the GOP constituency. (SB 2086/HB 1355). SB 155 limits instances when doctors can ask patients if they own firearms. SB 234 cancels the penalty for a concealed weapon permit holder if he/she shows a gun by “accident.” HB 45 prohibits local governments from legislating on firearms. SB 204/HB 30 outlaws synthetic marijuana.

On the Republican agenda, other than abortion, four main issues: teacher evaluations, tax cuts for businesses, local control of development and Medicaid reform.

SB 736/HB 7019 makes teachers’ evaluations based on student test scores. Administrators will be able to more easily fire teachers with weak evaluations. HB 7185 gives a tax break of $1,100 a year on average for 15,000 small businesses as the first step in an effort to cut the state’s annual $2 billion corporate tax. HB 7005 pays for a tax cut for businesses by cutting state benefits for unemployed Floridians. Instead of making the maximum $275 weekly benefit available for 26 weeks, the state would use a sliding scale based on the unemployment rate. Benefits would be available for no more than 23 week and no less than 12 weeks.

HB 7207 shifts review and regulation for development from the state to local governments with repeal of 1985 Growth Management Act. SB 1972/HB 7107, 7109 reforms Medicaid, placing the program’s 3 million recipients in managed care. HMOs and other large, managed-care networks will bid with the state on managing any of 11 regions in state. It also makes it more difficult for recipients to sue Medicaid doctors and hospitals. This law must get federal approval before implementation, which is probably unlikely under the current administration. Might have to wait until ObamaCare kicks in.

This session was surely a hands-on learning experience for Gov. Scott. I guess he’s realized government cannot be run like a business. The “let’s go to work” mantra didn’t amount to much. We’ll just have to wait and see if the tax cuts trickle down and create jobs.

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