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Education Lawsuit Day 1

March 14th, 2016 by Mike Vasilinda

Has Florida’s legislature lived up to the constitutional requirement to fund a high quality free system of public education? That’s the question that will play out over the next five weeks in a Tallahassee courtroom. A suit brought by a public advocacy group says Florida per pupil spending ranks among the lowest in the nation. Lead attorney Neil Chonin told the judge Florida schools are not living up to the constitutional requirement to  be high quality.

“The reforms put in place by them were put in place in 1998. we’re in 2015. And thirty eight percent of African American students in the state of Florida did not pass reading.”

But Attorneys from the State Attorney General’s office pointed out on opening day that school funding was strong, even during the great recession,

“The state of Florida has not only established  a high quality system of public schools and allows students to obtain a high quality education, but that the state has become a leader among states successfully implementing  education reform, that over time has lead to substantial improvements in student performance.”

Former LT. Governor and Education Commission Frank Brogan, who is now the Chancellor of the Pennsylvania College system is one of the experts expected to testify.

Education Spending 00000004

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Lawmakers Pass Record Budget, Head for Home

March 11th, 2016 by Mike Vasilinda

Florida lawmakers are on the verge of ending their annual legislative session on time and fulfilling their one constitutional duty…passing a state budget. As Mike Vasilinda tells us, schools got most of the extra money this year.

The 82 point three billion dollar budget is a record. It spends about four thousand one hundred and fifteen dollars for every man woman and child in the state. Senate Budget Chairman Tom Lee told the Senate they should be proud of the budget.

“And we’re are still enjoying growth in our state. None-the-less, we wanted to make sure we lived within our means, took the long term view” says Lee.

Schools take up the bulk of the new spending. 35 thousand addition students are expected  to hit school next year, but lawmakers were still able to increase per student spending by one percent or 71 dollars a student. Sen. Don Gaetz said lawmakers  heard the Governor when it came to tuition hikes.

“And this budget agreement includes no tuition increases for students  at tech centers, colleges, or universities” says Gaetz.

The state is also putting up the cash to avoid a tax hike by local school boards. The owner of a hundred thousand dollar house should save about 290 dollars. A backlog o more than 10 thousand rape kits will start to go down, but Sen. Joe Negron says a total clearing of the backlog will not come quickly.

“the goal is to is it to take no longer than three years to test all of the sexual assault kits that are in the backlog” says Negron.

While the budget funds increases in almost every category, the stateis pulling down the welcome mat for new businesses.

Reluctant House Republicans killed the economic funding. Sen. Jack Latvala called it the biggest disappointment of the session.

“There was no sense of compromise. There was no offer of money in the middle from the House”

The money was one of Governor Rick Scott’s top priorities. He’s said to be sharpening his veto pen with an eye on projects sought by the House Republicans who blocked the development cash.

Last year, Governor Rick Scott vetoed 461 million dollars in member projects. It was seen at the time as a re-election booster, but the year before, he vetoed just 68 million.

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Uber Stalled, but Not Stopped

March 10th, 2016 by flanews

Will the state step in and regulate transportation network companies like Uber and Lyft? They’ve been trying to do it for a few years, and as Matt Galka tells us, 2016 looks like a long shot as the end of legislative session gets closer.

The attempt to pass statewide regulations on ride sharing companies like Uber and Lyft has had more stops than starts.

The Florida House already passed an Uber-supported bill that requires minimum insurance requirements, some background checks, and pre-empts local government regulation. Senator Jeff Brandes backs that one.

“Having a vote on it today will show us, in red and green, who’s supportive of free market principals and who has some problems with it,” said Sen. Brandes (R-St. Petersburg).

That bill stalled in the Senate. Partly thanks to the chamber’s President and taxi cab companies. But Uber tried to get the Senate President to shift gears. The company dropped off more than 30 thousand petitions supporting Uber at his office Thursday.

“We’re asking for the Senate not to fear the debate on ride sharing today, it’s time for the voices of the people of Florida to be heard,” said Colin Tooze with Uber.

Cab companies are still pushing the Senate’s version of the bill.

“They got to operate on a level playing field, they have to operate on the same rules we operate by, that’s what’s fair,” said taxi lobbyist Ron Book.

The sponsor says he’s still trying to make something happen.

“I really believe that if this matter is left only to insurance, we’re going to have made a significant step forward,” said Sen. David Simmons (R-Altamonte Springs).

Lawmakers have to step on the gas if they want to get any legislation passed before session ends Friday.Lawmakers could vote on the issue tomorrow, the last day of legislative session. If nothing gets passed – local government rules will continue to determine how ride sharing companies operate throughout the state.

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Rick Scott’s Style Let Him Down

March 10th, 2016 by Mike Vasilinda

Governor’s Rick Scott’s hands off style of dealing with lawmakers isn’t paying him dividends in the legislature’s final hours. As Mike Vasilinda tells us, The Governor’s calls for tax cuts and economic development have fallen on mostly deaf ears and he’s losing one of his top appointees.

Governor Rick Scott wanted two things from lawmakers; Tax cuts.

“one billion dollars.”

and money for ecumenic development.

“250 million dollars”

But int he end, Scott is getting just 40% off his tax cuts and none of his economic development money. Some blame Scott’s hands off style. He rarely meets with lawmakers. His schedule shows he was only in the Capitol for 21 of the 58 session days so far, and he only met with 11 lawmakers one on one. Until just over a week ago, he insisted things would work out fine

“It’s no question. Nobody doesn’t know what we are working on” Scott told reporters.

Senate budget Chairman Tom Lee says Scott’s style, while different than most previous top executives, was not the root of all his troubles.

“I think he grabbed onto an issue that there was group of Republicans in the legislature had a real problem with and it was just taught negotiate anything on his behalf” Lee told us.

Some  lawmakers with pointed remarks didn’t want to go on the record because Scott is still got his veto pen handy. But what they all said, almost in unison, is that the Governor isn’t hands on.

Surgeon general John Armstrong is the first Gubernatorial appointed to fail to win Senate confirmation in over two decades.”

“It was a terrible lack of transparency in that department, and you know, we’re dealing with public health.”

Rick Scott may still have the last laugh. He’s the guy with the veto pen when the budget hits his desk.

Last year, the Governor vetoed 461 million from the state budget, and it was a year in which he got mostly what he wanted.

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Insurance Death Benefits Locator Bill on way to Governor

March 10th, 2016 by Mike Vasilinda

Lawmakers sent an overwhelming signal to life insurance companies in Flordia today: Pay you claims. More than 111 billion in death benefits has gone unpaid over the last 25 years because no claim was filed. Sen. Lizbeth Benaquisto says the companies didn’t do enough to find beneficiaries.

“And if the beneficiary didn’t know they were named in that policy,  and didn’t make a claim for those monies, the insurance company kept the money. 8 billion dollars nationwide” says Sponsor Benaquisto.

Now the companies will have to go back 25 years and try and find beneficiaries. going forward, they must search death records at least once each year and they will have 120 days to find a beneficiary.

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Insurance Companies to Pay 111 Million to Beneficiaries or the State

March 9th, 2016 by Mike Vasilinda

More than one hundred million dollars in unclaimed life insurance benefits could soon be on their way to more than 30 thousand Floridians. Until now, some companies have never tried to find a beneficiary, but as Mike Vasilinda tells us, state lawmakers are about to make they go back 25 years and start paying out all that cash.

How can you claim something…like a life insurance benefit, when you don’t know it’s yours? That’s the dilemma for thousands of Floridians whose loved one sought to protect them after they were gone. When someone dies, Instead of notifying beneficiaries, companies writing half the life policies in Florida have been keeping the cash. Rep. Mike Miller says here’s why:

“If these companies were to invest that 111 million dollars for twenty years at only 3.25 annual return, they would earn a hundred million dollars in interest” says the Orlando Republican.

Lawmakers have had enough. Rep. Doug Broxson (R-Pensacola) says the companies had every chance to find the beneficiaries.

“We have instructed the companies now that they have to go back 25 years and find those folks who should have been paid, and have not been paid” says Broxson.

16 companies could owe at total of 111 million dollars. Average claims are expected to be  just under thirty four hundred dollars. To the companies credit, the law has never required them to try and find a beneficiary…but, says incoming Senate President Joe Negron:

“The insurance companies are apparently able to use the death  register when they want to stop paying annuities, but don’t want to do it when it comes to finding beneficiaries to live insurance policies” says Negron.

In the future, the companies will be required to turn the money over to the state so it can look for the owner.

Companies first would have to try and find a beneficiary. if they can’t, The money would go into the States unclaimed property vault. Sponsor Sen. Lizbeth Benaquisto (R-Ft. Myers) says their cash will be safe.

“And that money is there in perpetuity, so no matter when that person finds out that these benefits are due to them, that money is there for them” says the sponsor of the legislation.

Governor Rick Scott is expected to sign the legislation when it hits his desk

Each year the state returns millions to people left in safe deposit boxes or bank accounts and even utility deposits. If you think you are owed money, contact Chief Financial Officer Jeff Atwater at the State Capitol.

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Schools Get Minor Bump in Budget

March 9th, 2016 by flanews

The highest education funding in Florida history sounds good, but as Matt Galka tells us, not everyone is singing the praises of the state’s education budget.

$20 billion of the state’s $82 billion dollar spending plan goes towards education. That includes a $458 million dollar bump in public school funding. It’s only one percent, but Senator Bill Montford wanted more.

“I’m concerned that we only got really a 1 percent increase, but we also got some other funding in there like technology, significant increase in technology which is what school superintendents wanted as well. I wouldn’t say it’s an exceptionally good budget year for public education, it could have been worse, but we’ll just have to deal with it when it comes,” said Sen. Montford.

The Governor wanted more, too.  He suggested using property taxes to pay for more school spending. Lawmakers disagreed.

“Property tax payers shouldn’t be counted on that much for public education, the state has an obligation,” said Montford.

Like everything in the budget, the Governor could weild his veto pen.

Representative Clay Ingram, who serves on the House education committee, hopes that isn’t the case – even if the budget isn’t as much as Rick Scott wanted.

“Hopefully because the legislature came to an agreement and it’s a win for everyone it gets singed into law,” said Ingram.

Charter schools also scored a victory in the spending plan. They’ll get 75 million for construction costs – the same amount public schools will get.Per pupil spending will eclipse the old high water mark from the 2007 – 2008 budget year. But the state’s largest teacher’s union – the Florida Education Association – says with inflation – the dollars don’t go as far for students as they did nearly a decade ago.

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Alimony Reform Goes to Governor

March 8th, 2016 by Mike Vasilinda

Controversial legislation that either turns alimony upside down or provides certainty to divorcing parents is on it’s way to the Govenor for his signature. As Mike Vasilinda tells us, opponents will now pressure Governor Rick Scott to veto the legislation.

Permanent alimony goes away, replaced by a formula based on the years married and spouses income under the legislation on it’s way to the Governor. Opponents piled on, trying to raise doubts.

“The language is ambiguous” said Rep. Lori Berman.

“ we retroactively tampered with as far as the alimony concern” exclaimed Rep. Joe Geller.

Democrats tried to add a provision that the bill was not retroactive, but Republicans blocked it.

The legislation does allow the payor of alimony to seek a change if the receiver’s income increases by ten percent or more. Rep. Cynthia Stafford says it will hit women harder since they are the recipient 97 percent of the time.

“If there is an increase in the payor’s income, things will not change. But increases in the recipients income is a grounds for reduction. This is one-sided and unfair” says Stafford.

Also controversial is a premise that kids should spend equal time with each parent. The legislation is personal for Rep. Rich Workman. He started the reform effort four years ago after he divorced.

“There is no perfect language when dealing with child custody. There isn’t.trust me, I’ve had enough of  a fight over this the last couple of years” Workman told House members.

The legislation moves to a very uncertain future with Governor Rick Scott. He vetoed a bill in 2013 that specifically said it was retroactive. But there are enough questions about this bill to at least cause Scott some concerns.

While this legislation does not specifically mention retroactivity, changes in income allow parties to go back to court to change existing agreements.

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Democrats Fail to Amend Abortion Bill

March 8th, 2016 by flanews

A last attempt to potentially stop new abortion legislation in the state came up short Tuesday. As Matt Galka tells us, the Governor will most likely soon be signing the bill that hits clinics with tougher regulations.

Senate Democrats tried to tack on last minute amendments to an abortion bill Tuesday in an attempt to derail the legislation. All of them failed.

 

The bill puts new restrictions on abortion clinics around the state and increases inspection requirements. It already cleared the Florida House – so amendments would have potentially kept it from reaching the Governor’s desk.

Senators on both sides got heated when the conversation turned towards rape and incest victims.

Senator Jeff Clemens (D-Lake Worth) called out colleagues who wouldn’t support an amendment for funding to go towards victims.

“I would just ask that you support this good amendment, it’s the right thing to do for women who have already been through difficult times,” he said.

His comment caught the wrath of Republican Senator Anitere Flores (R-Miami).

“When members on the other side say that the result of this vote is that myself and others are not in favor of victims of human trafficking it is appalling, disingenuous,” she said.

Planned Parenthood says they’re being targeted by the legislation. It takes away funding for clinics performing abortions. But the sponsor says not all of the facilities are effected.

“There are many Planned Parenthood organizations in Florida, from my understanding the impact of this bill might effect six of them,” said Sen. Kelli Stargel (R-Lakeland).

The choice for the six clinics if the bill passes – stop getting money, or stop performing the procedure.

Part of the bill requires physicians performing abortions have admitting privileges at local hospitals. A similar requirement in Texas forced nearly half of their clinics to shut down and is currently being reviewed by the U.S. Supreme Court. The Senate votes on the bill Wednesday.

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Alimony Bill: More Questions than Answers

March 4th, 2016 by Mike Vasilinda

Sweeping changes to the state’s alimony law could be coming soon after the State Senate gave tentative approval  to legislation ending permanent awards. As Mike Vasilinda tells us, major concerns remain over a 50/50 child sharing arrangement in the bill.

Attempts to change alimony are generating more questions than answers at the State Capitol. At the center of the debate is whether kids should spend equal time with divorcing parents. Sen. Greg Evers wondered how the legislation would effect kids.

“If I’m getting a divorce, then the parenting plan will be 50/50 up front. is that correct?” asked Evers.

Sponsor Keli Stargel (R-Lakeland) responded:

“That just means that when you walk in the door, before all the attorneys are involved, before you stated your case, there is a premise that you are going to have equal share time with your child.”

Under the legislation, a ten percent change in income will allow one side or the other to go back into court. Stargel says that’s already happening.

“There have been people who have been taken back to court for what one deemed substantial when it was eight percent, or seven percent, or whatever. We’re putting a threshold at ten.”

No one asked tougher questions than Senator Greg Evers.

“You know, I’m just wondering down the road what this is going to do to children” Evers told us.

Governor Rick Scott vetoed an alimony reform bill in 2013 because it was retroactive. Big questions remain about what this bill will allow.

The League of Women Voters has launched an email campaign calling for a study. Barbara DeVane, representing the National Organization for Women,  is calling for another veto.

“Ninety -seven percent of the people paying alimony are men. They will flood the courts with what they call modification” said DeVane.

When asked, Governor Rick Scott has said only that he will review what lawmakers send him.

While Governor Scott isn’t tipping his hand on the legislation, he has said his decisions are formed on his life’s experiences; He will celebrate his 44th wedding anniversary next month.

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Local School Taxes Not Increasing

March 4th, 2016 by Mike Vasilinda

Property owners in Florida pay just under five dollars in school taxes for every thousand dollar valuation of their property. The number could go down by thirty or forty cents next year after a furor over proposed corporate tax breaks. Lawmakers responded by cutting corporate breaks in half and now shifting higher school funding costs to local property owners. Sen. Tom Lee is the Senate Budget Chairman.

“There’s people alleging the state hasn’t done it’s fair share in education,. This was an opportunity for us to step up and buy out some of that local contribution, so we drove about 290 million dollars of our tax cut package through the FEFP to reduce taxes at the local level” says Lee.

The FEFp is the states school funding formula. Without the change, property owners would have seen their tax bill for school rise because their homes are increasing in value in an improving economy.

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Open Carry Crusade

March 4th, 2016 by Mike Vasilinda

 

Legislation to allow firearms to be openly carried in Florida has been bottled up in a hostile State Senate Committee, but it’s sponsor, Sen. Don Gaetz of Niceville is offering open carry to another bill dealing with slungshots, which are a heavy ball at the end of a lanyard. Gaetz says he is offering the amendment to have a discussion.

“All we have wanted throughout this legislative session was the opportunity to have the debate. We don’t fear the debate. We want to have the debate. We want to present the evidence and have an opportunity in the court of public opinion an din the legislature to make our case” says Gaetz.

Open Carry has already cleared the state House, but it an another bill dealing with concealed carry on college campuses has been bottled up in the Senate Judiciary Committee.

open carry00000005

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Back to School Sales Tax Holiday Shrinking

March 4th, 2016 by Mike Vasilinda

Florida’s sometimes annual back to school sales tax holiday is shrinking this year. From ten days down to three, and from items under a hundred dollars to just sixty dollars. Computers were included last year. this year they are not. Negotiator Representative Matt Gaetz says the reduction is necessary to shift some of the money to property tax breaks.

“So, the lions share of the legislatures tax cut package this year will to property taxes, and because we are such a commitment to cut property taxes, we’re going to move to a three day tax holiday.”

Q: So really its a trade off, I get it one way or the other?”

“correct”

Overall, this years tax break package will total more than 4 hundred million dollars.

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Forfeiture Legislation Moves Forward in Senate

March 3rd, 2016 by Mike Vasilinda

State lawmakers today gave tentative approval to legislation reigning in law enforcement when it comes to seizing property. each year, tens of millions of dollars in cash, cars, and other property are seized in what police describe as “suspicious” circumstances. The legislation would require police arrest you before they can take your property. Sponsor Jeff Brandes of St. Petersburg says his bill also requires a conviction before police can keep what they seized.

“As I talk to people around the state, they are shocked to learn currently you don’t have too be arrested to have your property seized from you. they are amazed we have gone this long in Florida’s history with that on the books. This fixes that provision, This highlights that property rights exist, and that the legislature is willing to step up and protect them.”

In the case of a car, the legislation also requires police to keep the item in good condition or be responsible for damages if it is returned to you.

forfiture00000005

 

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Abortion Restrictions Pass House

March 3rd, 2016 by flanews

A bill that hits abortion clinics with new rules and would defund Planned Parenthood cleared the Florida House Thursday. As Matt Galka tells us, opponents are worried women’s health will suffer because of it.

The Florida House argued about abortion for more than an hour and a half Thursday. Representative Colleen Burton’s (R-Lakeland) bill makes sweeping changes to abortion clinic regulations in the state.

“I ask you to support this good bill, the work of many people who care about women in Florida. Who care the health of Floridians, who believe in life,” she said on the House floor.

Changes include how clinics are licensed and inspected. The bill also defunds clinics that perform abortions. Opponents argued the the bill is an attack on Planned Parenthood.

Missy Wesolowski with Planned Parenthood is worried it could force clinics to close.

“These funds are not about abortion. It’s about preventive healthcare services. STDs testing and treatment and cancer screenings,” she said.

Another section of the bill puts into writing that fetal organ sales and donations are prohibited. It still needs to be approved by the Senate.

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