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2010 LEGISLATIVE REPORT
BY:  Tony Kiwak,  Legislative Director for
the Florida Alliance for Retired Americans (FLARA)


HOW TO TRACK BILLS

First, consider a call to your local legislators. Their staffs have detailed information on many bills and can provide help in many cases.

To check on a bill yourself, go to the Florida Senate's Web site --
www.flsenate.gov

-- or the Florida House of Representatives:
www.myfloridahouse.com.

You can search for Senate and House bills with keywords and bill numbers on the left side of the page. Once you click on a bill, click on 'staff analysis' to find a fairly clear description of what the bill is intended to accomplish.

WARNING: Things can change quickly in Tallahassee. Only about one bill in four will become law, and many bills will be significantly altered over the next two months. Be sure and read the last action taken on a bill to find its present shape and condition when you are looking. Also, lawmakers routinely amend bills in the last days of the session. Often entire bills are amended onto another bill. The staff of a particular bill's sponsors can tell you what happened to it.
 External Links:
  • Online Sunshine
    The Florida Legislature's Web site and shows action on bills, bill language and biographical information about individual legislators.
  • The Florida Channel
    The Florida Channel's three streaming web video channels can be accessed at this site.

Legislative Report - June 7th, 2010


Changes to Workers Health Insurance

Changes to the recently passed health-care legislation will most dramatically affect Americans who don't have health insurance, most non-elderly Americans - about 160 million - are expected to keep getting coverage through their employers.

But workers could see some changes as a result of the new health care law. Beginning as soon as this fall, companies that offer health plans will have to allow employees to keep their children on their plans until the children are 26 years old.

Employers will also be prohibited from putting lifetime caps and some annual caps on benefits for their employees. Companies that begin offering new health plans will be subject to other new requirements, including a mandate starting in 2014 to provide an "essential benefits package" that is expected to be more comprehensive than a typical employer-provided plan. (Employers with existing health plans would be exempt from this new requirement.)

Most employers that now offer health plans would be able to change the kind of medical benefits they offer their employees, potentially increasing co-payments and deductibles or reducing what their plans cover. With inflation most likely the plans will continue to increase.

The nonpartisan Congressional Budget Office estimated that by 2016, an average individual policy provided by a large employer would cost about $7,300 per year (and slightly more for workers at small firms). An average family policy would cost about $20,300 per year (and slightly less for workers at small firms). As now, those premiums would probably be split between employers and employees.

In comparison, in 2009, the average employer-provided individual policy cost $4,824 per year, and the average family policy cost $13,375, according to an annual survey by the nonprofit Kaiser Family Foundation.

Also beginning next year, employees will be automatically enrolled in a new insurance program, known as the CLASS program, to cover long-term care, unless they choose to opt out. The program is funded by a payroll deduction.

Beginning in 2014, employees who participate in wellness programs or meet health standards could also get up to a 30% break in their premiums, if their employer chooses to offer this incentive.

States are slated to set up regulated insurance marketplaces, or exchanges, in 2014, whereby insurers will offer plans that will have to meet basic standards set by the government. These were primarily designed to help people who don't get benefits at work to shop for health plans.

But employers with fewer than 100 employees would be allowed to enter these exchanges, potentially giving their workers a wider choice of plans than many have now.

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FLORIDA BUDGET DETAILS

 Florida's $70.4 billion budget and implementing and conforming bills for the 2010-11 fiscal year beginning July 1 at a glance:

SPENDING BREAKDOWN

— Education: $22.5 billion.
— Health and human services: $28.5 billion.
— Transportation: $6.93 billion.
— Criminal justice and corrections: $4.65 billion
— General government: $4.9 billion.
— Natural resources and environment: $1.8 billion.
— Courts: $462 million.
— Reserves: $1.4 billion.


FEDERAL STIMULUS

$2.3 billion in stimulus dollars are included in the budget. If Congress approves a six-month extension of additional stimulus for Medicaid that money — $880 million — would be used to offset state dollars committed to the state-federal health care program for low-income and disabled people. Of that amount, $730 would go into reserves and the rest to spending projects in various parts of the budget including health care, college scholarships and transportation.

KINDERGARTEN-12TH GRADE EDUCATION

State and local funding in kindergarten through 12th grade will increase by $1.22 per student to $6,843.51. That's $283 below the peak funding level in 2007-08. State funding is up by $848.9 million over current year spending to offset a drop in local property taxes due to falling real estate values. The statewide average could increase slightly if the remaining 20 of the 67 school districts approve a small local option property tax increase.

HIGHER EDUCATION

Tuition is going up by 8 percent for community and state college and university students. That would raise university tuition to $4,945 a year, still well below the $6,585 national average. Individual universities, but not the colleges, can add another 7 percent for a 15 percent total. Universities also can raise fees by 15 percent. It's also going to be more difficult to obtain Bright Futures scholarships due to an increase in minimum test scores and the value of each award will drop by $1 per credit hour to $125 for the full scholarship and $94 for a partial scholarship. About 184,000 students currently receive Bright Futures aid.

HEALTH CARE

Health care funding is going up 9.35 percent due mainly to an expected increase of more than 300,000 people who will be eligible for Medicaid, bringing total enrollment to about three million. Medicaid reimbursement rates for hospitals (except for children's hospitals) and nursing homes will be cut by 7 percent. If Congress approves additional Medicaid funding for states the hospital rate reduction would fall to 5 percent.

LIBRARIES

The House had sought to eliminate state aid to public libraries but backed off during budget negotiations and agreed to provide $21.2 million, the minimum needed to draw down $9 million in federal matching funds.

TRANSPORTATION

The transportation trust fund, which pays for road building and other construction projects, would lose $160 million being diverted to other spending. Road builders say that will cost the state thousands of jobs, but House Republicans who sought an even larger cut say it would have only a minimal effect on projects. If the extra federal Medicaid money is approved the transportation trust fund would get back $40 million.

TRUST FUNDS

The $160 million taken out of the transportation trust fund is part of an overall $506.9 million 'raid' on trust funds that make up most of the budget. These funds are supported by specific funding sources and earmarked for specific purposes such as fuel taxes for transportation and utility taxes for education construction projects. The state's affordable housing trust fund was hardest hit, losing $174 million. Others included $26.6 million from an anti-fraud trust fund, $23.2 from a fund dedicated to cleaning up leaks from underground fuel storage tanks and $8 million from a fund to combat invasive plants.

STATE WORKERS

The House backed off its proposal for a 3 percent pay cut, but state employees will go a fifth straight year without an across-the-board raise while co-payments for their health care insurance will increase. About 27,000 mostly middle management employees but including lawmakers no longer will get free health insurance. The payments, though, still will be relatively modest: $100 a year for an individual and $360 for family coverage.

FISCALLY CONSTRAINED COUNTIES

Small rural counties will get $27.9 million in state money to offset losses in property taxes due to falling real estate values.

CORRECTIONS

Due to a leveling off of the prison population at 111,710 — about 17,000 below estimate — the Department of Corrections will get no funding increases for operations and construction and 447 vacant positions will be eliminated for an expected savings of $22.8 million. Some wings and dormitories at state prisons will be closed and up to 2,224 inmates transferred to the new privately operated Blackwater River Correctional Facility in Milton.

ENVIRONMENT

Funding for the popular Florida Forever land buying program that was suspended last year will be resumed at a reduced rate of $15 million. Everglades restoration would get $10 million but that figure could increase to $50 million if Congress approves the additional Medicaid money. Beach restoration would get $15.5 million.

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Florida Insurance Reform

During the past Florida Legislature an attempted incremental progress toward stabilizing the Florida property insurance market passed SB 2044, which should help in shoring up the solvency of small domestic insurance companies. A recent report from Florida “Tax Watch” an independent research group shows that Florida’s insurance market is broken and needs to be reformed.


This bill helps all Floridians, including small businesses, charitable organizations, automobile policyholders, renters and even homeowners who do not hold Citizens policies by reducing the potential financial crisis that the state will experience because of the under-funded insurance programs if a major hurricane hits Florida this year. With the hurricane season upon us, if a storm makes landfall in the state, Florida taxpayers could end up paying thousands of dollars in assessments each year for as long as 30 years. These taxes would financially put Floridians in a very tight spot. For that very reason, we need to persuade Gov. Crist to sign SB 2044 into law. This legislation is good for consumers and will hopefully prevent the state from calling on all of Florida's taxpayers to subsidize any shortfalls.

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           Florida Legislature Adjourns

 

Florida lawmakers ended a contentious 60-day session that was permeated with politics, from Gov. Charlie Crist's declaration of an independent Senate candidacy to highly partisan debates over issues like abortion and teacher tenure.

As they head to the fall elections, lawmakers used the last day of their annual session to pass a $70.4 billion budget, which avoids tax hikes but raises university tuition, in between debates on abortion, guns and redistricting.

The House had a four-hour highly emotional debate over a bill requiring women to pay for ultrasound exams before an abortion, sending the measure to the governor in a 76-44 vote.

The Republican-led Senate sent a constitutional amendment to the Nov. 2 ballot that would counter two citizen initiatives backed by Democrats that sought to set new standards in the drawing of congressional and legislative district lines.

The Senate voted for a measure that would allow gun owners to take their weapons to work as long they were left in their locked cars or trucks. But it died in the House.

With Gov. Charlie Crist embroiled in a difficult U.S. Senate campaign, two state Cabinet members running for governor and Senate President Jeff Atwater, R-North Palm Beach, seeking a Cabinet seat, it was no surprise that politics overshadowed the 2010 session.

Gov. Crist was at the center of the most dramatic moments, vetoing a bill backed by Republican leaders that would have ended tenure for public school teachers.

And on the day before the session ended, Gov. Crist drew the focus away from Tallahassee as he announced in his hometown of St. Petersburg that he was leaving the GOP to run as an independent candidate for the U.S. Senate.

And on the last day of the session, Gov. Crist was a no-show as lawmakers ended their session at 8:47 p.m., with the House adjourning first shortly before 7 p.m.

As Gov. Crist continues as the governor, who was criticized by Republican legislators for abandoning his party, now gets to exercise his veto power over the hundreds of bills passed by lawmakers - particularly the abortion bill and the budget.

The contentious nature of the session was underscored by what did not pass.

A major revamping of Medicaid, the state-federal health care program for the poor and disabled, collapsed when the House and Senate could not agree on the scope of a plan to move more recipients into managed-care programs.

Efforts to strengthen state ethics laws and apply stronger ethics standards to the PSC failed. A move to crack down on texting drivers died in the House.

Among the session's most significant achievements was legislation allowing the Seminole Tribe to operate casino-style card games and slot machines around the state in exchange for more than $1 billion over the next five years. The accord, years in the making, provided more than $400 million for the new state budget.

The $70.4 billion state budget represents the first increase in state spending - up from the current $66.5 billion budget - in four years.

The budget used $2.3 billion in federal stimulus funding, while anticipating an additional $1 billion in federal help for Medicaid.

University and community college students will face at least an 8 percent tuition increase, while state workers will go without a raise for the fifth year. But the budget avoided major layoffs for state workers and did not cut their benefits.

School spending was slightly increased to $1.22 per student, but could rise by as much as $116.35 if school districts fully enact local-option property taxes. House Democrats opposed the budget in the 77-43 vote, citing a $160 million cut in road building and the limited use of extra Medicaid funding from the federal government.

House Minority leader Franklin Sands, D-Weston, said the budget "makes college more expensive and state roads more crowded."

But most of the Senate Democrats voted for the bill, which passed in a 33-4 vote.

Republican lawmakers defended the measure as a fiscally responsible budget that did not raise taxes, prevented pay cuts or major layoffs for state workers and set aside $1.4 billion in reserves despite the limited funding the state faced this year.

House budget chairman David Rivera, R-Miami, said the spending plan maintained support for schools, health care and public safety despite facing a $3 billion deficit heading into the session.

"Our priority in this process was to create the conditions necessary for generating jobs and jump starting Florida's economy," Rivera said. "This is the right budget at the right time."

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Sales Tax Fairness

 

Florida’s legislature has an anti-business problem, in a state that has a 12.3 percent unemployment rate how can you explain a tax policy that gives a competitive advantage to out of state retailers over our own businesses that employ Floridians?

 

The state’s out of date sales tax collection fails to collect these taxes from many Internet retailers that sell goods to Florida residents, these Internet retailers have no actual presence or roots in the state.

 

Florida could join a multi-state group called the “Streamline Sales and Use Tax Agreement” to move towards changing that. Leaders of the 2010 Legislature, like many before them fail to do so, mainly to avoid any retaliation in an election year for raising taxes.

 

The collection of sales tax on goods sold to Floridians isn’t raising taxes, it’s about enforcing them fairly so all Floridians contribute to the states revenue. It’s about leveling the playing field for our states retailers who face unfair competition from these online retailers who don’t charge Florida customers state and local sales taxes.

 

As many businesses have closed due to poor sales, many would have survived if they did not suffer lost sales due to these Internet tax-free sales, as was mentioned this is not raising taxes, if anything it will help us from raising taxes. When counties collect local taxes which are above our 6 percent base sales tax, they use that money to support many special needs, without these taxes they may have to go to the state for these funds, which now in turn may have to be subsidized by the state which now may need to raise taxes, just one vicious circle.

 Implementing the collection of these taxes seems to be the major problem, until there is a change Florida businesses will have to live with this unfairness.

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2009 LEGISLATIVE REPORTS

Document
Legislative Report - March 2009
Document
Legislative Report - June 2009
Document
Legislative Report - September 2009
Document
Legislative Report - December 2009
 
 
 
 
Florida Alliance for Retired Americans, 12773 Forest Hill Blvd., Suite 211, Wellington, Florida
President, Tony Fransetta
Telephone: 561-792-8799; fax: 561-792-8797

Together we can make a difference