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State lawmakers are back in Tallahassee working to fill gaps found by criminals trying to skirt the new pill mill law. The law keeps doctors from filling prescriptions in their offices and tracks the sale of powerful painkillers. As Whitney Ray tells us, now lawmakers want quicker emergency suspensions for doctors suspected of over prescribing.

A new law that keeps pain clinics from selling drugs and tracks how many pills are being sold has cut the amount of drugs being prescribed, but authorities say they need more tools.

Applications for new pharmacies are up 30 percent over last year, and may be one way bad doctors are trying to skirt the new law.

“We are seeing that many of them are filling out an application to become a pharmacy so we have to try to close that loophole,” said State Senate Mike Fasano.

There’s another problem. Even when the Department of Health knows a doctor is over prescribing, it takes a long time to suspend their license.

In some cases the Department of Health knows a clinic is breaking the law, but acting would blow the cover on a criminal investigation.

State Senator Ronda Storms will sponsor legislation speeding up the suspension process.

“As brazen as they are being we need to answer that audacity with strength and imposition of the full measure of the law,” said Storms.

And as the war rages on, the causalities continue to mount. Seven people a day in Florida overdose on prescription drugs and die and now dozens of babies are being born addicted to painkillers.

Florida’s Surgeon General thinks the surge in pharmacy applications can be handled administratively, but it may take legislation to help pill addicted babies and to stop doctors over prescribing sooner.

Florida Senate President Mike Haridopolos is speaking out about the prison privatization deal, ruled unconstitutional by a circuit judge last week.

The judge took issue with the deal, because it was passed using proviso language in the state budget and didn’t go through the normal legislative process. Haridopolos says even though the plans were put in the budget, there was plenty of opportunity for public input.

“Everyone knew what was in this bill. I don’t think anyone questioned what was in this bill. Anyone who implies we stuck this in, in the middle of the night is factually inaccurate,” said Haridopolos.

As of now the privatization plans for 18 South Florida prisons is off, but if the state decides to appeal the judge’s decision the plans will be allowed to move forward.

The 1st District Court of Appeal has cleared the way for the legislature to expand gambling without a referendum, but the case could be appealed to the state Supreme Court. Either way, Senate President Mike Haridopolos says legislative plans to bring Vegas-style casinos to Florida will move forward.

“I expect to have an up or down vote here and we have to see what the House chooses to do, but we are a gambling state,” said Haridopolos.

Bringing destination casinos to Florida is a legislative priority in the Senate. Last year plans fell apart mid-session.

On the campaign trail, then-candidate Rick Scott repeatedly made a pledge: he would create 7000,000 new jobs…on top of normal economic growth. He confirmed that number in this debate:

“So our plan is seven steps to 700,000 jobs. And that plan is on top of what normal growth would be.”

To be clear, let’s play that again so there is no misunderstanding.

“So our plan is seven steps to 700,000 jobs. And that plan is on top of what normal growth would be.”

But now Governor Scott is not only backing away from that statement, he’s saying it was never the plan.

Reporter: Your plan was to create 700,000 on top of normal growth.

“No, let’s remember the facts,” Scott answered.

But here in this email from Scott’s Communications director, post-election, the same pledge is made.

700,000 jobs “over and above any natural expansion in the economy.”

While the promise may have help Scott win the election, he’s now done the math, and fulfilling that pledge would be almost unattainable.

“We have 900,000 people out of work, so I can’t do a lot more than 700,000.”

And there is this new email from the communications director: “Jobs forecasts come and go. What will remain constant from Governor Scott is his commitment to create at least 700,000 new jobs in seven years.”

Scott is currently courting the Chicago Mercantile Exchange. The Exchange is moving two thousand jobs out of Chicago and has narrowed its choices to Texas and Florida.

The state barrowed 2.6 billion dollars to pay people out of work and now the bill has come due. The state has already repaid the feds a billion dollars, plus 56 million in interest. As Whitney Ray tells us, to get the rest of the money business taxes will go up and unemployment benefits will decrease.

As the economy continued its downward spiral in August of 2009, the state ran out of cash to keep up with unemployment claims. Uncle Sam opened his wallet and Florida grabbed 2.6 billion dollars to pay its unemployed. The loan was interest free until now.

The state paid off a billion of what it barrowed earlier this year and at the first of this month paid an additional 56 million dollars in interest.

A year from now another 63 million dollars in interest is due. The state plans to vanquish the debt sometime in 2013. But paying the bill won’t be easy. The Governor wants to do it without raising taxes.

“The biggest thing we can do is get people jobs, create an environment where people can get to work. I don’t want to do anything to raise the cost of doing business in the state,” said Governor Rick Scott.

But business taxes are already scheduled to more than double next year, going from an average of 72 dollars per employee to 155 dollars. Lawmakers are working to keep taxes low and keep benefits going to eligible jobseekers.

“Our goal is try create that good balance of an environment can flourish and employ our citizens. So we’ve done the best we can to create that framework,” said Representative Chris Dorworth.

Benefits are already being reduced and starting next year the number of weeks an unemployed Floridian can receive benefits will be reduced by at least three weeks.

Florida is not alone, 27 states collectively owe the federal government 38 billion dollars. One billon of that is interest. So far none have asked the feds to waive the interest charges.

It was a big day for Governor Rick Scott… He finally got the jobs Department he’s been planning since before he took office. Scott was surrounded by lawmakers and business leaders today as he unveiled the New Department of Economic Opportunity. The department combines several state labor and marking agencies, as well as public-private jobs firms. Scott says its just another puzzle piece in his plan to create 700-thouand jobs in seven years.

“This is going to be a big impact, but clearly the people who run our agencies now are clearly focused on getting people back to work, solving problems, getting permits done quickly, but this is going to help us a lot,” said Scott.

The department will work with the governor and legislature to create tax incentives for business and to find other ways to recruit businesses to move to Florida.

Republican presidential candidate Mitt Romney continued his Florida tour today stopping in Tallahassee to meet with state leaders and eat barbeque at a country buffet. Romney met with Governor Rick Scott and former Florida GOP Chairman John Thrasher. Romney told diners President Barack Obama is a nice guy, but his solutions aren’t working.

“He’s over his head when it came to getting this economy going. Almost everything he did had the exact opposite effect of what he hoped. His stimulus did not grow the economy,” said Romney.

Thrasher used the opportunity to endorse Romney; three other Republican state lawmakers also endorsed the former Massachusetts governor today. Scott still hasn’t pick a favorite although he talks highly and often of Texas Governor Rick Perry.

As many as one in five babies housed in neonatal intensive care units at one Florida hospital are there because their moms abused pain killers. The static is from St. Joseph’s Hospital in Tampa. Attorney General Pam Bondi suspects similar statistics around the state because of Florida’s status as pill mill capital of the country. Bondi wants to form a task force to help the babies and their mothers.

“If you are a pregnant mother out there this isn’t about taking your child away, this is about getting you help. We want you to feel comfortable that you can come forward, that you can go to you’re doctor, that you can be a success story,” said Bondi.

Babies born to women who abuse prescription drugs are more likely to be premature and have to be given methadone to break their addictions. They also suffer diarrhea and are at a greater risk of developing behavioral problems when they get older.

Indefensible was the word Attorney General Pam Bondi used today about a ten thousand dollar bill for a public records request made by a sitting member of the state Senate. The flap started after a newspaper was denied the records and State Senator Mike Fasano stepped in.

At the center of the dispute is a125 million dollar investment made by the state pension fund. The money went through an investment company . A company owned by a former client of the man now running the state’s investment operations.

State Senator Mike Fasano asked more than three dozen questions, seeking records of the transaction. What he got was an estimate: 10 thousand dollars to make the records public.

“I believe that not only I as a State Senator, but the people of the state of Florida should know how and why they decided to invest this $125 million dollars,” says Fasano.

The investments are overseen by the Governor and Cabinet. Attorney General Pam Bondi told SBA Executive Director Ash Williams “I’ve lost sleep over this bill. I think the amount of the bill is indefensible. The cost is very  troubling to me,” says Bondi.  “This estimate of 300 hours.”

CFO Jeff Atwater told investment manager Ash Williams to make the records available,If the Senator promises to keep them confidential, saying “This is about transparency”

Afterwards, Williams was guarding his words carefully, telling reporters “The size of the bill is simply a reflection of application of a normal process.”

But keeping the records confidential is not something the Senator is will ing to do. With both sides at a stalemate, Senator Fasano has sent a letter to the President of the Senate, saying subpoena the records.

No quick resolution is expected. The Senate President wants to talk with both sides before deciding whether to order the records be given over.  Another lawmakers, Rep. Paige Kreegel of Punta Gorda is also criticizing Williams and the State Board of Administration for being less than forthcoming with explanations in a failed 250 million dollar investment in a New York City apartment complex.

Lawmakers are asking the state Department of Elder Affairs to butt out of a program that advocates for residents in long term care facilities. The department was chastised by the feds for muzzling resident advocates. As Whitney Ray tells us, senators say volunteers were intimidated in an effort to keep them from reporting problems.

Lynn Dos Santos used to advocate for residents living in nursing homes and assisted living facilities but not any more. She was fired she says for doing her job.

“I was working very hard and fighting the Department of Elder Affairs to get the Ombudsman program to be independent,” said Dos Santos.

Dos Santos is one of two volunteers in the Ombudsman program let go earlier this year. The head of the program, Brian Lee was also fired.

“Ombudsman, they get into the muck and mire of neglect and abuse that affects residents and that’s not a pretty thing and the department doesn’t like that,” said Lee.

Tuesday the Senate Committee on Elder Affairs asked why. Lee was let go after trying to find out who owned the nursing homes he was in charge of policing. The Secretary of the Department of Elder Affairs says the volunteers were let go for violating the Sunshine law.

State Senator Rhonda Storms says the volunteers should have been given more information.

“That’s what the department should have done, instead what the department did was muzzled them,” said Storms.

The Administration on Aging issued this report saying the state was in violation of the Older American Act because it kept the Ombudsman from talking to journalists and lobbying the legislature.

Senators say a pattern of intimidation by the state and the industry has been set up to keep the volunteers from exposing problems in long term care facilities. They won’t be satisfied until the Ombudsman program is made independent.

Charles Corley, the Secretary of the Department of Elder Affairs says all the problems have been fixed, the ombudsman can talk to the media without his permission and will registered to lobby by weeks end. Still legislation may be forthcoming to make sure a clear line is drawn between the department and the advocates

Governor Rick Scott admits he doesn’t like the way the prison privatization plans were hatch, but remains mum on an appeal.

A judge ruled Friday the legislative plan to privatize 18 South Florida prison were unconstitutional because lawmakers put it in the budget instead of a stand alone bill. Scott says major pieces of legislation like privatization need to be given a proper vetting.

“I should have the power to veto things that are major policy changes. I got elected as governor to make decisions on behalf of all the citizens in the state and to watch how all the money is spent. I ran a whole campaign on accountability,” said Scott.

The ruling was in the circuit court, the state still has plenty of time to file an appeal.

October is dedicated to the rights of residents in nursing homes and assisted living facilities. Today the governor issued a proclamation highlighting patients’ rights. But lawmakers aren’t convinced the state is doing enough to protect those rights and as Whitney Ray tells us, they’re preparing to grill the agency heads in charge.

Governor Rick Scott issued this proclamation Monday, recognizing the rights of residents living in Florida nursing homes and assisted living facilities.

Long term care patients have the right to be treated with dignity and respect, choose their own doctors, exercise, and go outdoors. They also have the right to privacy and if they see something wrong the law allows them to blow the whistle and remain anonymous.

But a pattern of abuse and neglect in some long-term care facilities has state lawmakers asking questions about how well these rights are being protected. In September, the Senate Health Regulations Committee issued a report, chastising the state for being too lenient on facilities where abuse was discovered.

“These rotten apples, these bad actors need to be shut down as quickly as possible,” said State Senator Eleanor Sobel.

Lawmakers were awakened by a newspaper investigation that reported a dozen deaths in as many years at the hands of sloppy and sometimes abusive caregivers.

Earlier this year the man in charge of investigating those violations was forced out.

“There should be no interference for the ombudsman to be a watchdog,” said Lee.

The US Administration on Aging says Brian Lee should have been allowed to keep his job. In a 30 page report the administration highlights several areas where the state violated the Older Americans Act. Tuesday state senators will ask why Lee was let go and what is being done to fix the problems.

It may soon be a felony in Florida if a parent fails to report their child missing. The legislation was prompted by the case of two-year-old Caylee Anthony, who wasn’t reported missing for more than a month. As Mike Vasilinda tells us, the change has almost unanimous support from law enforcement.

Casey Anthony was sentenced to almost four years in jail for making four separate false statements to police. Since her acquittal on First Degree murder charges in the murder of her daughter, there has been an outcry for stronger penalties for failing to report a child missing.

A Manatee County Sheriff’s Major conceded that cases of failing to report are rare, as she testified before the Select Committee on Protecting Florida’s Children.

“This would be a great opportunity to pursue a felony version of this particular statue, where the child has suffered great harm because of the lack of reporting by the parent,” Maj. Connie Shingledecker said.

Others offered words of caution.

“Be very deliberative in reacting to one particular case,” Mike Rammage with the FDLE said.

In the end, deputies and prosecutors concluded that stronger penalties could be useful when police believe someone is lying.

“We generally would stop them right then and there on the spot and say, listen we want to make sure you understand that giving false information during this serious investigation could be a felony,” Maj. Shingledecker said.

If there was a consensus in the committee, it is that any new law shouldn’t have a timeline of 24 or 48 hours for reporting a child missing.

It also appears the felony charge might only apply in certain circumstances.

“Instances where there is ultimately great bodily harm or death to a child,” Sen. Joe Negron (R-Palm City) said.

Caylee Anthony was missing for 36 days before her grandmother reported her missing.

Nationally, only one-tenth of one percent of the children reported missing are found deceased.

Florida finally has a date for its presidential primary. The state will vote January 31st, five weeks before national party rules allow. As Whitney Ray tells us, voting early could cost the Florida GOP half its delegates, but supporters of the early date say it will make Florida matter.

Florida sent a message to these GOP candidates Friday; to be the Republican nominee, pay closer attention to Florida.

Friday the committee selected to pick a date for Florida’s presidential primary… broke Democrat and Republican Party rules… selecting January 31st for the primary. That’s five weeks early. Two Democrats on the committee objected.

“I want Florida to have a prominent place too, but I want us to be prominent and follow the rules and I want us to do what’s right, said Representative Cynthia Stafford.

Breaking the rules carries a penalty of half of both parties nominating delegations, but state Democrats objected to the early date. Their party is cutting them slack.

“We won’t lose any of our delegates for the Democrats. So that’s great. When we attend our convention we’ll have a full slate of delegates,” said Scott Arceneaux.

As of now Florida Republicans, may still be chastised by the national party. They don’t seem to care. Whle breaking the rules may mean fewer Republican delegates at the national convention, it may mean more money in the state’s economy as politicians pump more of their campaign cash into Florida.”

Former Republican Governor Bob Martinez says Florida is open for business for any GOP candidate serious about winning.

“For those candidates on the bubble, they’ve got to win Florida,” said Martinez.

With Florida’s date set, other states are expected to move their primaries forward. Party rules say only four states, Iowa, New Hampshire, Nevada and South Carolina can vote before March 6th. After today’s announcement, the voting schedule could look something like this with Iowa going first on January 16th, followed by New Hampshire on the 24th. Nevada and South Carolina could both vote on the 28th, followed by Florida going fifth on the 31st.

Proposed Primaries and Caucuses
Jan 16th Iowa
Jan 24th New Hampshire
Jan 28th Nevada and South Carolina
Jan 31st Florida

Plans to privatize 18 state prisons are on hold.

Friday a circuit judge ruled methods the state legislature used to pass the privatization plans are unconstitutional. The plans were put in to the state budget, so it wasn’t vetted through the normal committee process. The Police Benevolent Association sued the state legislature over the plans. PBA General Counsel Hal Johnson says the judge got it right.

“We were extremely pleased with the victory, but I think we are more pleased for the correctional officers down in South Florida and actually this is a victory for the citizens,” said Johnson.

The PBA fears, if lawmakers are allowed to make major changes to state government using spending bills, then it will be harder for the public to be involved in the process. The state is expected to file an appeal.