Gelber's Latest Legislative Updates

The latest news and views from State Senator Dan Gelber on Florida's legislative session, coming from tonight's conference call.

The call started out discussing the potential budget deal. Others will probably touch on that a lot, so I'll focus on the other top issues that Gelber discussed.

Other than the budget, one of the top laws up for debate right now is the property insurance bill that would allow Citizens, the state-run insurer of more than one million Floridians to raise rates for policyholders. The Senate has proposed moderate increases, but Gelber said that it is likely the final bill will contain increases in the range of 10-15%. As usual, Governor Charlie Crist is coy about the bill and his support or opposition to it.

Much less important is what Gelber calls the "license plate wars." As most readers know, Florida has an endless variety of specialty license plates for automobiles, the proceeds of which go to designated organizations. Two plates have come up this session that have explicitly Christian messages -- one with a cross, the other with a massive picture of Jesus. Gelber points out -- as is consistent with my understanding of the First Amendment -- that these plates would violate the federal establishment clause. Gelber adds that they would likely violate the state version as well. Similar plates in other states have been ruled unconstitutional and the same thing would likely happen here. Gelber thinks these two plates will eventually be left out of the final Senate bill, but he says the hours wasted debating these bills are silly when Florida is facing such serious issues. There is also some serious question as to where the money from these plates goes and who is behind the push for them.

Gelber said the card check bill, designed to kill the power of the national Employee Free Choice Act, has passed the House and is headed to the Senate. Florida is already one of the worst states in the union in terms of how we treat unions/workers, and this bill would attempt to keep Florida that way, regardless of what Congress does. Such a thing would likely be unconstitutional under the supremacy clause, but why test it. The current proposal would make it a constitutional amendment that would have to go before the voters, 60% of whom would have to approve. Gelber thinks that the misleading wording of the proposal would likely get the 60%, since it makes voters think they are protecting the secret ballot in all elections. The secret ballot is already protected, of course -- including in union elections -- and the EFCA wouldn't change this at all, but that doesn't stop Republicans from lying about it.

Unemployment modernization is another hot topic in the legislature right now. Under the stimulus plan, Florida is eligible for $450 million to modernize the system for citizens applying for unemployment benefits. Almost every other state has already done this modernization. Florida hasn't and is still working with the system put in place (including the technology) from the 1940s. This old-fashioned setup lessens the ability of people to get into the system. Republicans have effectively rejected this money, despite the fact that Florida needs it probably more than any other state because of our antiquated system and our extremely high unemployment rate.

Gelber tried to get at least $150 million of the unemployment modernization money by limiting the scope, since he knew the overall money wasn't going to be approved, but his proposal was rejected on a voice vote, almost certainly along party lines. Governor Crist says he'd like to have the money, but Gelber says Crist isn't doing anything to get the money. Big business lobbyists oppose the bill, despite the fact that it would benefit them by covering their payments to the unemployment compensation trust fund for a year. Gelber has been pushing for this for years, but the Republicans are stopping it.

Now that the end of the legislative session is near, Gelber says the last-minute vote-trading will begin. Logrolling will begin and we're entering a dangerous time, when bad bills and amendments could sneak through. Gelber suggested two such issues could revolve around oil drilling and the voter suppression bill, both of which were thought to be dead at this point.

The voter bill was pulled out of its last senate committee, so it could, theoretically, be brought to the floor, rather than dying in committee. Most experts think this bill would be overturned as unconstitutional, but that's a bit much to leave up to chance. People concerned about the voting bill should contact the Senate president, who may drop the bill if he's pressured enough.

It's possible, Gelber thinks, that the proposal to allow offshore drilling within three miles of Florida's coast could be trade bait as well. This proposal came up late in the session with a huge financial push. We really should look into finding out who is behind the proposal, something sofar unknown. Who is behind the push and what is their real agenda?

Gelber noted that, in all likelihood, the governor wasn't going to get involved in any of the hard decisions the legislature has to make this session.

State Senator Alex Villalobos is looking, once again, to pass his bill making witnesses before the legislature testify under oath, making lying while under oath a second or third degree felony. Gelber supports the bill and thinks it will pass the Senate, but that, once again, the House will kill it.

Gelber also noted that the education waiver for stimulus funds was finally submitted and he thinks we're likely to get it, particularly with the close relationship between Crist and Barack Obama.

Interesting Contrast

From the Orlando Sentinel:

Rep. Dean Cannon, R-Winter Park, sent us this message this weekend: "As President (Jeff) Atwater and Speaker (Larry) Cretul indicated, talks aren't over. Folks are continuing to run numbers this weekend and I anticipate that they'll continue talking on Monday.

"Right now all the discussions are at the presiding officer level, and I know they are both doing their best to come to a resolution."

From the indictment of Ray Sansom:

"Further, Your Grand Jurors find that the appropriation process that gives unbridled discretion to the President of the Senate, Speaker of the House of Representatives and Appropriation Chairman needs to be changed. This State should be guided in openness and transparency. The procedure currently in place requires that our elected Legislators vote on a final budget that they have no knowledge about because it is finalized in a meeting between only two legislators. This process allows taxpayers money to be budgeted for special purposes by those few legislators who happen to be in a position of power."

...

"Further, far too much power is given to The Legislative Leadership on these budget issues which led to this appropriation that was voted on basically hidden in a huge budget. Regular members has no idea that they voted to build an aircraft hanger for a college that owned no aircraft and funded a building on land that the State does not own. Your Grand Jurors recommend to The Legislature that it clean up this process and that the State of Florida become an example to the Nation as a State that works for the people and not the special interest of those who have money to influence The Legislature."

Good to see that Cannon, Cretul and Atwater have learned from the mistakes Sansom made.

(h/t FDP)

Republicans In Trouble

The Miami Herald catches on to the fact that the Republicans in Tallahassee have no idea what they are doing and that it could hurt them electorally.

Republicans Crafted a A Bad Elections Bill That Would Stifle Voting

From the House Dems:

Florida House Democrats say:

· The Legislature should make it easier for citizens to vote instead of stifling citizen activism and participation in elections.
· Shame on Republican legislators for trying to suppress the vote with a self-serving rewrite of elections law that failed to stand up under scrutiny!
· Embarrassed by the exposure of their self-serving power grab, Republicans now must accept a severe neutering of House Bill 7149 (formerly known as PCB EDCA 09-08).

Read what news organizations have written about the Republican voter-suppression legislation:

· Orlando Sentinel, April 23, 2009
http://www.orlandosentinel.com/orl-editorial-voting-assault-042309,0,4626719.story
“The Republican majority has sucker-punched Floridians with a last-minute plan that would throw new obstacles in the path of citizens registering to vote, casting their ballots and amending the state constitution.”

· Ocala Star-Banner, April 22, 2009
http://www.ocala.com/article/20090422/OPINION/904221001/1008/OPINION?Title=-65279-65279-Embarrassed-on-elections-again
“The thinking behind this bill is inexplicable.”

· The New York Times, April 18, 2009
http://www.nytimes.com/2009/04/19/opinion/19sun2.html?_r=1&scp=1&sq=elections,%20florida&st=Search
“Florida legislators should not need a court to tell them not to interfere with the right to vote.”

· St. Petersburg Times, April 19, 2009
http://www.tampabay.com/opinion/editorials/article993149.ece
“Republican legislative leaders have lost all sense of shame with their 11th-hour bill to roll back voting rights in Florida.”

· The Miami Herald, April 21, 2009
http://www.miamiherald.com/opinion/editorials/story/1009469.html
“The sweeping rewrite of Florida's election laws by the Republican majority last week is a flagrant example of power politics at its worst. Here we have legislation authored in secrecy and haste, which has been bereft of meaningful public input or comment.”

· SUN Newspapers (Southwest Florida), April 24, 2009
http://www.sunnewspapers.net/articles/edStory.aspx?articleID=436162
“There is every reason to increase Florida’s efforts to extend the voting process and make it as accessible to as many people as possible.”

· The Gainesville Sun, April 23, 2009
http://www.gainesville.com/article/20090423/OPINION01/904231015/1076/OPINION?Title=Editorial-A-bad-election-bill
“This legislation is shadowy and shameful.”

· Daytona Beach News-Journal, April 22, 2009
http://www.newsjournalonline.com/NewsJournalOnline/Opinion/Editorials/opnOPN40042109.htm
“This legislation is especially puzzling because Florida, after a long history of troubled elections, had seemed to finally get it right. There were very few problems with the 2008 election -- and neither House nor Senate version of the legislation would solve 2008's biggest problem: Long lines at early-voting stations around the state, which forced many voters to wait for hours to cast their ballot.”

· (Sarasota) Herald Tribune, April 21, 2009
http://www.heraldtribune.com/article/20090421/OPINION/904211031/2198/OPINION?Title=Why-rush-to-change-election-laws-Legislature-should-shelve-a-troubling-costly-bill
“Why? How did such relatively low-priority legislation manage to squeeze itself into a session that is already hard-pressed for time to grapple with such essential issues as tax reform and renewable energy policy? What is driving the ill-advised election measure?”

Be Afraid, Be Very Afraid

(Again several sources on this one, including Bill Nelson's office and the House Dems).

Map of oil platforms off the rest of the Gulf Coast and a preview of what would come to Florida if the drilling bill passed. The bill would allow drilling inside the green line.

Dan Gelber on the Legislative Session

State Senator Dan Gelber says the 2009 legislative session is in absolute meltdown and it's unlikely that the Republicans in Tallahassee will be able to accomplish the only requirement of the annual session -- passing the budget.

After the downfall of corrupt Republican House leader Ray Sansom, Gelber said that the Republicans have no reliable leadership and that they don't really know what they are doing in terms of this year's session. At a time when Florida faces deep challenges, the majority party lacks the capacity to do much to meet those needs and it's likely the session will end next week with no budget deal in place.

Floridians are facing an economic crisis that is deeper than the national crisis -- and likely to last quite a bit longer -- and neither the Republicans in the legislature nor Governor Charlie Crist is providing us with the leadership we need to tackle the problems. Gelber said he remembers the big fight under Governor Jeb Bush was that Bush was too hands-on and it was difficult to keep him from doing damage. Under Crist, though, we have the opposite problem -- the governor doesn't want to come out and say what his plans are on any issue, leaving lawmakers without guidance as to how he'll react when legislation hits his desk. Gelber says Crist is like a movie critic -- he tells you how he feels about an issue without offering any solutions. The vacuum of leadership from the Republicans in Tallahassee means there is no good news from the session.

The primary purpose of the annual legislative session is to come up with the state's budget. Because of the national economic crisis and the more extreme state economic crisis, budget revenue has been in a freefall in recent months.

Gelber says that he's happy that the Senate budget plan has some significant increases in revenue. He's upset that the House isn't increasing revenue, but rather is relying on cuts that damage education, health care and other essential services. He hopes that the final budget deal doesn't strip out the revenue gains.

New revenue comes from several sources. The increase in the tobacco tax helps a lot, and is recurring, but diminishes over time. The stimulus money, while hugely important in the short term, only applies to a 25-month period and the revenue stream is gone. Without it, though, Gelber warns that the state could lose its bond rating and face even more serious cuts to basic services. In 2011, there will be a huge problem if more revenue isn't found, because the stimulus money will be gone. It could even lead to problems in 2010 if the economy doesn't rebound quick enough.

The real source for new revenue that should be pursued are the tax loopholes that have been widely discussed. Eliminating some of the more egregious loopholes could generate close to a billion in revenue each year.

Gelber had a lot to say about the importance of education and says that we need to be investing in the future, not cutting it. With the news yesterday that Jefferson County (immediately to the East of Tallahassee) has no money left in its education budget and will be taken over by the state, the issue is even more visible. The same crisis was almost faced by Dade schools. Dade avoided going under by cutting important programs and firing popular teachers in "nonessential" areas such as drama. Gelber stresses the importance of those other programs, saying they are essential to educating Florida's children. Florida is already a state that spends very little on education and in the last year or so, we've cut spending by about $500 per student. This is why the state is having trouble getting federal education stimulus funds and have had to ask for a waiver. Gelber thinks we'll get that waiver, though, which is good news since we're not sure what'll happen without it. He notes that, unlike himself, most of the legislature doesn't have children in public schools, so they don't see the direct effects their policies are having on our school system.

He also notes that while all of Florida's Republican representatives to Congress voted to reject stimulus funds, Republicans in the state legislature -- those who actually have to pass a budget and get things done -- are overwhelmingly for the stimulus plan and are asking for more. In Congress, he says, Republicans are a minority and have no responsibility and nothing to answer for. At the state level, they're actually in charge and have to show results, so they're doing the common sense thing and taking the money that Florida needs during this time of crisis.

Floridians can help spread the news on the budget cuts and other problems created by Republican policies by telling the personal stories of how government programs are affecting people's lives. Write letters to the editor, blog, tell your friends and neighbors how cuts hurt real people and maybe enough people will hear the story and can convince legislators to do the right thing.

Gelber condemned Dean Cannon's push for oil drilling and dismissed the recent talk of combining the drilling proposal with the "clean energy" bill being pushed for by Senator Jim King. Gelber doesn't think that compromise will go forward, although Gelber warns that every time he thinks something is too crazy for the Republicans to pursue, they do it anyway.

Luckily for Floridians, Gelber said he thinks the most extreme things floating around the legislature this year will die because of the dysfunction of the Republican leaders. It's unlikely that the elections bill, CSX bill, and offshore drilling proposals will make it to the governor's desk.

(Gelber recently reached out to bloggers by offering to do a series of conference calls with them to discuss the legislative session and provide us with the latest information on what's happening at the capitol. I, and several other bloggers, jumped at the opportunity. Our first conference call was last night.)

Pushback on Senator Wise's Efforts to Circumvent Florida's Legal Obligations

From the Florida Sunshine State TESOL Advocacy E-Group:

Senator Wise has introduced CS/SB1680 to legislate an ambitious pilot program for reading teachers who serve ESOL students. The proposal reflects a concrete action plan and seems to reflect an understanding that data should be gathered upon which to base decisions. However, this hastily crafted bill falls far short of what is needed and asks for what is currently impossible.

1) According the staff analysis, the DOE would have to find resources within its budget to meet the legislative requirements. In other words, it is an unfunded mandate. The implementation requires data and documentation efforts from participating school districts that would also be unfunded. The analysis states that these should not result in "very much" fiscal impact.

In a time of extraordinary budgetary squeeze, the proposal is amazing. It supposes the DOE has funding and resources available to complete the requirements and cannot even estimate what the costs would be. The school districts all across the state are scrambling to operate with less and less. To ask them to divert a single penny and add even a single burden to already extended resources reflect a disconnect with the current state of affairs.

2) As the bill reads, a rapid timeline applies. Beginning 2009, the DOE would have to identify, find funds for, and convene a team of experts, complete a review of existing professional development standards, design courses, produce training materials, train trainers, incorporate input from the field, identify participating districts, flag students, train teachers, and begin implementation in the 2009-2010 school year. That means training begins in August 2009. How will a quality program be the outcome with such an unfunded supersonic timeline? This plan, as written, establishes a recipe for failure.

3) The proposed pilot is incomplete as it fails to evaluate all paths leading to authorization for assignments in reading and ESOL. Its narrow focus leaves much important work undone. The level of complexity is not fully addressed for the benefit of teachers and students. Let us get it done right the first time. We seem to have a lot of time to do things incorrectly, and no time to get it right.

4) The proposed pilot includes an important evaluation component. That's a good thing. However, the proposed evaluation plan is incomplete and far too narrow to provide meaningful quantitative and qualitative data to make meaningful recommendations. This plan does not meet the basic standards for professional development evaluation making it a waste of time and a waste of scarce education funds.

The bill requires that the DOE analyze the data and then make a recommendation. To ensure impartiality and objectivity, no state agency should be in charge of evaluating this program. The evaluation of data should be conducted by a non-governmental, independent and professionally recognized evaluator. In light of the controversy that has swirled over the issue for the last three years, an independent evaluator is needed to achieve a sense of fair accountability.

4) And finally, this is the third bill Senator Wise has sponsored on this issue. The first was vetoed and the second died. This bill represents a view that does not match Florida's legal obligations and according to the Staff Analysis, is not consistent with the Department of Education interpretation of the same.

I will join efforts to oppose yet another ill-conceived plan that brings Florida's ELLs no closer to highly qualified reading teachers. I am confident our state leaders will take these views into consideration and make short shrift of this third and equally misguided effort. The majority of our legislators, like Florida's voters, want all our children to learn to read in English and teachers prepared to teach all our students to read in English. To date, two county commissions and several municipalities have passed ESOL resolutions regarding professional development representing some four million constituents reflecting this same expectation.

What's Going On: Legislative Round-up

Florida Netroots: Florida Budget Process a Petrie Dish for Corruption

Progress Florida (Doug Matthews): Florida Forever, Everglades Restoration Benefit from Closing Tax Loophole

Progress Florida (Ray Seaman): The People Be Damned: The Florida GOP Wants Their Majorities

Progressive Pensacola: Our Crazy Legislature, Week 7

Florida Netroots: Republicans: Changing the Voting Rules Again

Eye on Miami (Gimleteye): Miserable effort by Florida Republicans to wreck elections

What's Going On: Florida Republican Assault on Voters

Avery Voice: MORE REPUBLICAN VOTING REGISTRATION SHENANIGANS

Why Now?: Fixing Florida’s Election Law

Eye on Miami (Gimleteye): Dismal Miami Herald coverage continues to lag on Florida Senate election rigging

Eye on Miami (Gimleteye): Florida Legislature: a 72 page bill that reads like a hit list on voters

Generation Miami (Alex Barreras): Who is afraid of Florida voters?

Eye on Miami (Gimleteye): Eyeonmiami scoops the Herald on voting rights disaster unfolding in Florida legislature

Eye on Miami (Gimleteye): How Florida Republicans plan to own Florida

Broward's Blog: Senate elections bill would shake up parties and 2010 races

What's Going On: Legislative Round-up

madfloridian: Florida lawmakers will likely reject about $440 million in additional workers' compensation benefits

Re/Creating Tampa: More University Cuts in Florida

Dan Gelber: At least one bright spot

madfloridian: The CSX Sunrail deal still has the clause that would make Florida liable for CSX problems...

Eye on Miami (Genius of Despair): Rundown of Environmental Issues We Are Facing.

Florida Citizens for Science: Florida’s Greatest Menace VII: Causing the Nation to Fall!

Based on analysis by Herald-Tribune writer Jeremy Wallace, here's what you've got, not including the unimportant details of what specific gambling would be allowed:

*Rep. Bill Galvano's plan would generate $100 million a year, keep the gambling age at 21, would allow unlimited random state inspections of the casinos and would allow people injured at the casinos to sue the tribe.

*Gov. Charlie Crist's plan would generate $150 million a year, keep the gambling age at 21, would limit state inspections to four per year and would allow lawsuits against the tribes only after "other remedies are exhausted."

*The Senate plan would generate $400 million a year, would change the gambling age to 18, would allow unlimited state inspections of the casinos and would allow lawsuits against the tribe.

Clearly, Crist's plan is the worst. Generates little money and explicitly attempts to avoid accountability. The Senate plan appears to be the best. It raises the most money for education -- something we sorely need right now -- and allows for accountability. It does lower the gambling age to 18, but that doesn't really mean much. Anyone that thinks 18-year-olds don't already gamble doesn't understand 18-year-olds. And if they are old enough to be sent overseas to die in pointless wars of aggression by an illegitimate president, then they should be old enough to gamble if they so choose.

What's Going On

The latest news on Florida politics and politicians.

U.S. Rep. Suzanne Kosmas, D-New Smyrna Beach, vowed Friday that she would only submit earmark requests on behalf of "localities, non-profits, or government agencies."

Robert Wexler praises Crist on Chinese drywall issue

The space shuttle would continue flying until NASA builds its replacement vehicle or a U.S. company launches a private spacecraft capable of reaching the International Space Station, under a bill introduced by U.S. Rep. Bill Posey, R-Florida.

Legislation by Rep. Seth McKeel, R-Lakeland, requesting Congress withdraw a moratorium barring drilling for oil and gas in the eastern Gulf of Mexico is one step away from being voted on by the Florida House.

Sen. Charlie Dean says he should quit his post as Majority Whip if lawmakers move forward with a push to privatize a state-run mental hospital for the criminally insane in his district.

Miami Republican Rep. Juan Zapata just sent out an email to his colleagues all but daring House Speaker Larry Cretul to fire him as chair of the House Human Services Appropriations Committee.

The Florida House’s select tribal gaming committee advanced a no-frills Seminole compact Friday that would preclude the tribe from operating so-called banked table games at its seven casinos.

March 30-April 1 Mason Dixon poll for SayfieReview/PowerPlay (moe +/-4%) shows a dead heat between Bill McCollum and Alex Sink for governor: McCollum 36 percent, Sink 35 percent, undecided 29 percent.

Florida's heralded land-conservation program that has preserved millions of acres of green space during the past two decades is going away — at least for a year.

The SunRail commuter train proposed for Central Florida will not get any help from Sen. Gary Siplin, D- Orlando

U.S. Rep. Suzanne Kosmas, D-New Smyrna Beach, voted against a House budget bill today because the federal spending guidelines "does not give NASA the flexibility to fly the space shuttle past 2010."

In a letter to Gov. Charlie Crist, Mack says he will not run for Senate in 2010.

Senate Finance and Tax Committee Chairman Thad Altman said he thinks the temperature for a broad-based discussion of sales tax exemptions may not happen this session.

The Florida Senate voted Thursday to weaken the state's rigid growth laws that force developers to build roads around places where they choose to plant new shopping malls, factories or planned communities.

Florida senators signaled Wednesday that they want companies such as Expedia, Orbitz and Travelocity to pay higher taxes.

One of the bill’s co-authors said the intention is to prevent a repeat of what happened at American International Group, where AIG executives initially received about $165 million in bonuses after getting more than $180 billion in bailout funds. “[The measure] is based on two simple concepts. One, no one has the right to get rich off taxpayer money. And two, no one should get rich off abject failure,” said U.S. Rep. Alan Grayson, a freshman Democrat from Orlando.

U.S. Rep. Alan Grayson, D-Orlando, today urged President Obama to extend the space shuttle era, "preferably" until NASA is ready to fly a replacement vehicle that the agency hopes can one day return Americans to the moon.

Alcee Hastings commemorates legacy of AIDS activist Pedro Zamora

Sen. Don Gaetz has filled a bill with Sen. Mike Fasano that will stop public officials from collecting a paycheck and a pension, known as Double-dipping.

What's Going On: Legislative Roundup

Progressive Homeschoolers of Florida: Parental Rights Amendment back as HJ Resolution 42

Sunshine Statements: How To Pay For Hiking Tuition In Florida?

Re/Creating Tampa: Corporate Welfare

Pushing Rope: Everglades Update

Progressive Pensacola: Cigarette tax hike clears Senate committee

ReidBlog: The GOP's April Fool's Day budget

Pushing Rope: Florida Cigarette Tax Update

Progress Florida (Ray Seaman): Why Are Republicans Standing In The Way of the Healthy Teens Act?

Pushing Rope: Shiny Happy Governor

Fried Gator: Ellyn Bogdanoff: Cigarette Tax Damages Slurpee Economy