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February 21, 2011
Dear Fellow Patriot,
Here is this week's update on Tallahassee legislation from our Legislative Affairs Director, John Hallman. There are several bills that Campaign for Liberty is actively working on.
During our Tallahassee Update reports there have been questions asked about other issues members are interested in. John has tried to report on some of those issues, also.
We have a weekly Webinar/phone conference call to update everyone weekly on pending legislation and action items. The time of the weekly calls has been changed to Monday evenings at 8:00 PM. Calls will run about an hour with special guests and Q & A sessions.
If you would like to participate in the calls just register here and you will receive instructions on how to telephone in. You may also participate via computer.
If you can chip in for travel expenses, please contribute here. Thank you.
Florida Campaign for Liberty
Legislative Update
February 21, 2011
1. Sovereignty of the State
2. Intrastate Commerce Act
3. Health Care Freedom Act
4. Banning Red Light Camera's
5. Repeal REAL ID Act
6. Stop High Speed Rail Boondoggle
7. Repeal Septic Tank Regulation
8. Second Amendment Bills
9. Smart Cap
10. Teacher Merit Pay
11. Public Pension Reform
12. Medicaid Reform
1."Sovereignty of the State"
A joint resolution proposing the creation of Section 28 of Article I of the State Constitution, to assert the sovereignty of the state and refuse to comply with unconstitutional federal mandates.
We have great news; Representative Matt Caldwell has agreed to sponsor our "Sovereignty of the State" bill. Last week Senator Alan Hays agreed to be our Senate sponsor for this bill. We should have this finalized and out of bill drafting with a bill number in the next couple of weeks.
2."Intrastate Commerce Act"
A statute which provides that all goods grown, made or manufactured in Florida and sold within Florida shall not be subject to the authority of the Federal government
Senator Greg Evers is our Senate sponsor of the "Intrastate Commerce Act". We are working on a House sponsor as we speak and hope to accomplish this by next week.
If you have a good lead on a House sponsor, let us know!
3. Health Care Freedom Act (HJR1/SJR2)
Health Care Services: Proposes creation of S. 28, Art. I of State Constitution to prohibit laws or rules from compelling any person, employer, or health care provider to participate in any health care system, permit person or employer to purchase lawful health care services directly from health care provider, permit health care provider to accept direct payment from person or employer for lawful health care services, exempt persons, employers, & health care providers from penalties & fines for paying or accepting direct payment for lawful health care services, & permit purchase or sale of health insurance in private health care systems; specifies what amendment does not affect or prohibit.
SJR2 is in its last committee stop before going to the Senate Floor for final passage. SJR2 will be heard in the Senate Budget Committee Wednesday, February 23.
HJR1 is just starting to move through its committee stops in the House. It is in the Health & Human Services Quality Subcommittee. Representative Plakon is not expecting any opposition and expects it to cruise through three committee stops and go to the House floor for final passage.
Note: A statutory bill version of the Health Care Freedom Act is expected to come out in the next couple of weeks.
4. Banning Red Light Cameras
The Florida Campaign for Liberty is advocating legislation (HB4087/SB672) to stop the use red light cameras. Many studies show how unsafe intersections become after installation of red light cameras, with a dramatic increase in the number of crashes and serious injury. These studies also show cities have been found guilty of shortening the yellow light to increase violations in order to generate revenue. Outside the safety issues raised by installation of these cameras is the constitutionality of the systems. Our Constitution says citizens have a right to face their accuser, yet their accuser in this case is a machine. This argument was recently upheld by a Miami-Dade Circuit Court judge in a case involving the city of Aventura which has now stopped issuing citations.
HB4087 sponsored by Representative Richard Corcoran is waiting in the House Economic Affairs Committee to be placed the agenda to be heard.
SB672 sponsored by Senator Renee Garcia is waiting in the Transportation Committee to be placed on the agenda to be heard.
ACTION ITEM:
Call Senate Transportation Committee Chairman Senator Jack Latvala and ask him to place SB672 on the next Committee agenda.
Senator Jack Latvala (850) 487-5075 begin_of_the_skype_highlighting &
nbsp; (850) 487-5075 end_of_the_skype_highlighting
5. Repeal REAL ID Act
In 2008, the Florida Legislature enacted the REAL ID Act as 4 of 47 sections in a DMV bill. The law required citizens to produce an enormous amount of personal papers to either obtain or renew a Florida driver's license. This personal information are then seized by the state and scanned into an accessible database. The REAL ID law was forced on the states by the Congress in violation of the US Constitution's 10th Amendment and violates the Florida Constitution's 4th Amendment "Right to Privacy".
House Federal Affairs Sub Committee Chairman Scott Plakon has scheduled a hearing on Florida's REAL ID Act next Thursday (Feb. 24) 9:00 AM.
ACTION ITEM:
Call members of the House Federal Affairs subcommittee and tell them you want the REAL ID repealed this session.
FEDERAL AFFAIRS COMMITTEE MEMBERS
Representative Scott Plakon (R) Chair (850) 488-2231 begin_of_the_skype_highlighting &
nbsp; (850) 488-2231 end_of_the_skype_highlighting
Representative Peter Nehr (R) Vice Chair (850) 488-5580 begin_of_the_skype_highlighting &
nbsp; (850) 488-5580 end_of_the_skype_highlighting
Representative Daphne D. Campbell (D) (850) 488-4233 begin_of_the_skype_highlighting &
nbsp; (850) 488-4233 end_of_the_skype_highlighting
Representative Joseph Abruzzo (D) (850) 488-4791 begin_of_the_skype_highlighting &
nbsp; (850) 488-4791 end_of_the_skype_highlighting
Representative Michael Bilecca (R) (850) 488-6506 begin_of_the_skype_highlighting &
nbsp; (850) 488-6506 end_of_the_skype_highlighting
Representative Esteban L. Bovo, Jr. (R) (850) 487-2197 begin_of_the_skype_highlighting &
nbsp; (850) 487-2197 end_of_the_skype_highlighting
Representative Matthew H. Caldwell (R) (850) 488-1541 begin_of_the_skype_highlighting &
nbsp; (850) 488-1541 end_of_the_skype_highlighting
Representative Jose Felix Diaz (R) (850) 488-3616 begin_of_the_skype_highlighting &
nbsp; (850) 488-3616 end_of_the_skype_highlighting
Representative Luis R. Garcia, Jr. (D) (850) 488-9930 begin_of_the_skype_highlighting &
nbsp; (850) 488-9930 end_of_the_skype_highlighting
Representative Matt Hudson (R) (850) 488-1028 begin_of_the_skype_highlighting &
nbsp; (850) 488-1028 end_of_the_skype_highlighting
Representative George R. Moraitis, Jr. (R) (850) 488-0635 begin_of_the_skype_highlighting &
nbsp; (850) 488-0635 end_of_the_skype_highlighting
Representative Elizabeth W. Porter (R) 850) 488-9835
Representative Elaine J. Schwartz (D) (850) 488-0465 begin_of_the_skype_highlighting &
nbsp; (850) 488-0465 end_of_the_skype_highlighting
Representative Jimmie T. Smith (R) 850) 488-0805
Representative Geraldine F. Thompson (D) (850) 488-0760 begin_of_the_skype_highlighting &
nbsp; (850) 488-0760 end_of_the_skype_highlighting
6. High Speed Rail
Governor Scott announced he will reject Federal money for high speed rail. This is great news, but ultimately this issue will be decided by the Legislature. Highly paid lobbyist representing big "special interest" will continue to pressure legislators to vote for this boondoggle.
ACTION ITEM:
Call your district Senator and Representative and ask them to oppose High Speed Rail.
7. Repeal Septic Tank Regulation
SB168 by Senator Greg Evers
HB13 by Representative Marti Coley
Onsite Sewage Treatment and Disposal Systems: Revises legislative intent; eliminates provisions directing DOH to create & administer statewide septic tank evaluation program; eliminates procedures & criteria for evaluation program; terminates grant program for repair of onsite sewage treatment disposal systems identified pursuant to evaluation program, to conform; eliminates provisions authorizing DOH to collect evaluation report fee & provisions relating to disposition of fee proceeds & revenue-neutral fee schedule.
SB168 was heard in the Senate Health Regulation Committee on Tuesday, February 22. It passed.
Also, the Senate Environmental Preservation Committee heard testimony on septic tank regulations Monday, February 21.
HB13 is now in the House Agriculture and Natural Resources Committee.
8. Second Amendment Bills
OPEN CARRY: Sen. Greg Evers sponsored SB 234 that would allow concealed-weapons-licensed gun owners to openly carry their weapons. It's assigned to three committees. Representative Dorworth has a similar bill HB517 in the House.
SB234 was heard in the Senate Criminal Justice Committee, Tuesday, February 22 for debate but it was temporarily postponed.
HB517 is now in the House Criminal Justice Subcommittee.
STATE JURISDICTION: Sen. Joe Negron has filed SB 402, a bill that would limit gun regulation to the state and prohibits all local governments from passing or enforcing gun rules and regulations. It includes fines for violations. Rep. Matt Gaetz has a similar bill, HB 45, in the House.
CS/SB402 passed the Senate Criminal Justice Committee and is now in the Senate Community Affairs Committee.
CS/HB45 is in Community and Military Affairs Committee.
DOCTOR PROHIBITION:
Rep. Jason Brodeur filed HB 155 to prohibit physicians from asking patients about gun ownership. Senator Evers has an identical bill, SB 432, in the Senate.
SB432 was heard in the Senate Criminal Justice Committee Tuesday, February 22.
HB155 is now in the House Criminal Justice Committee.
9. Smart Cap
Beginning in fiscal year 2011-2012, Smart Cap amends Florida's constitution to limit revenues collected by state government to the amount collected the previous year, plus an annual adjustment based on a combination of population growth and the rate of inflation. Any funds in excess of the limits will be placed in the state's "rainy day fund" until that fund reaches 10 percent of the prior year's total budget - at that point, the Legislature must vote to either provide tax relief or reduce property taxes.
Senate Proposed Bill 7050 expected to pass all Committee stops.
House still considering Smart Cap Proposed Bill.
10. Teacher Merit Pay/SB736
This bill is moving quickly toward a floor vote, the Senate's bill calling for the development of a merit pay system for teachers based on student achievement. This bill would require the state Commissioner of Education and local school districts, with input from the state teachers union, superintendents and school boards, to come up with rules for evaluating future teachers, and tie their pay to those evaluations. Current teachers could remain in a compensation system based on tenure, under the proposal. SB736 was easily approved last Tuesday by a Senate Budget subcommittee, reports the News Service of Florida. The measure (SB 736), sponsored by Sen. Steven Wise,
The bill was approved Tuesday by the Senate Budget Subcommittee on Education Pre-K - 12 Appropriations on an 8-1 vote. The lone "no" vote was from Sen. Paula Dockery, R-Lakeland. Three Democrats, Sens. Gary Siplin, Jeremy Ring, and Bill Montford, voted with five Republicans for the measure, which next goes to the full Budget Committee.
CS/SB736 will be heard in its final committee (Budget Committee) stop next Wednesday, February 23. CS/SB736 is expected to pass the Budget Committee and then will be voted for final passage on the Senate floor when the regular session begins.
Note: The Florida House's Prek-20 Competitiveness Subcommittee filed its version of a teacher quality bill.
11. Public Pension Reform
SB1128 by Senator Jeremy Ring
SB1130 by Senator Jeremy Ring
These two new Senate bills would require state and local governments to close their traditional retirement plans to new hires, enroll all employees in 401(k)-style plans and limit retirement options.
One of the bills also requires state, school and county employees to pay into the Florida Retirement System for the first time since 1974. But rather than embrace the 5 percent contribution rate sought by Gov. Rick Scott in his budget proposal, the Senate is likely to settle on a lower number. The Senate does not eliminate the Deferred Retirement Option Program, the popular program that encourages older workers to retire by allowing them to draw a pension check before retirement age, which the governor recommended. It also rejected changing the rate at which benefits are credited based on years of service - the governor wanted to cap those at 1.6 percent for most members of the Florida Retirement system. And the Senate also doesn't eliminate the 3 percent cost-of-living adjustment for new hires, also recommended by Scott.
Note: These two bills will be heard in the Senate Governmental Oversight & Accountability Committee Thursday, February 24.
The House is still working on their version of this legislation.
12. Medicaid Reform
Our current Medicaid program serves almost three million Floridians and is estimated to cost $20.2 billion this year, approximately 30 percent of our state's budget. We are now spending more on Medicaid than our entire public education system. In addition, Obamacare will vastly expand eligibility by adding over 2 million new enrollees in Florida. Sustaining a program that has been over-expanded, combined with new and expensive mandates from Washington, is a serious challenge facing the Florida Legislature, which, unlike Congress, is required to pass a balanced budget.
State Sen. Joe Negron, R-Palm City, has begun to unveil his plans for overhauling the state's Medicaid system, which he began rolling out this past week. Some aspects of the plan will require federal approval, which is not guaranteed, although Negron said the state will give the federal government "100 reasons" not to be a "bully." Here are some highlights of what his bill will do that were revealed during Tuesday's briefing:
Pay doctors who see Medicaid patients what they would receive for treating Medicare patients. Low payments to doctors and other providers, such as hospitals, make it harder for patients relying on the system to get care.
Shift the bulk of Medicaid patients into HMOs and other managed-care plans, with exemptions for some groups of patients, such as the developmentally disabled.
Require the private managed-care plans to put a cap costs, and to spend 90 percent of their money on medical care.
Enact tort reform that would limit doctors' liability for damages by extending the state's "sovereign immunity" to doctors who treat Medicaid patients.
Consider limiting "optional" services, such as vision or dental care.
The shift to managed care will require a federal waiver, which would take time to negotiate if it is approved at all. If the waiver isn't approved, lawmakers suggested they might pull out of the federal program, which would cost the state more than half of its overall Medicaid budget. Senator Negron said his plan, if approved, is expected to save the state more than $1 billion in its first year, and $4.3 billion over three years.
Note: We are waiting on the House to roll out their version of Medicaid Reform.
On a Final Note
Please share this update with others. If you want a verbal update and want to ask questions, please join the Monday night Updates.
Thank you all for everything that you are doing to make our country a freer place to live.
In Liberty,
Mark Cross
Mark Cross
Executive Director
Florida Campaign for Liberty
407-908-2749 begin_of_the_skype_highlighting &
nbsp; 407-908-2749 &nb
sp;end_of_the_skype_highlighting
PS. After you have contacted your representative, please consider chipping in $10 to allow Florida Campaign for Liberty to continue to reach out to activists in order to stop the assault on our God given rights. Together we can make a difference and reverse the trend. Please chip in.
PPS. Every Monday evening at 8:00 PM. we will be bringing you a live Tallahassee Update with our Legislative Affairs Director and other special guests. You will learn about pending legislation and what we as activists must do to protect our rights from government encroachment. Please register for the webinar series, The Tallahassee Update.
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