Gulf1-E-Gaetz

2009 Legislative Session Report

This year’s legislative session was dominated by the same issue that our families and businesses are facing every day – the deteriorating economy.
 
Unemployment and home foreclosures are at a historic high.  One out of ten Floridians are on food stamps.  Hundreds of thousands of families have lost their health insurance and the Medicaid rolls have swelled.  Because economic activity has gone into reverse, state revenues have dropped by over $12 billion in 24 months. 
 
Other large states – most recently California – have responded to similar conditions by continuing to spend money they don’t have, piling up enormous debts, and then, imploding in fiscal crisis and suddenly slashing essential services to the bone.
 
While the economic news is generally bad, the good news is that the State of Florida hasn’t followed the spend-and-bust policy.  Though the issues were tough and the choices were hard, the Florida Legislature fulfilled its constitutional responsibility, cut non-essential spending, and balanced the budget.  Though I did not agree with every decision made by the 2009 Legislature, the House and Senate did pass key bills which, in my view, will help make our state a better place to live, work, and raise families.
 
 
CONSTITUTIONAL AMENDMENTS
 
I joined in proposing three amendments to the State Constitution.  These amendments were adopted by the Legislature and now must be approved by 60 percent of voters at the November 2010, general election.
 
Repeal of “Welfare for Politicians” Campaign Financing
 
 
HJR 81/SB 566 (Senators Haridopolos, Gaetz, Oelrich and Dean; Representative Hays)
 
This proposed amendment to the Constitution would repeal an existing constitutional provision which requires the Legislature to provide a level of public tax dollars to support the state-wide campaigns of candidates for Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture.  If passed, this amendment would save taxpayers over $10 million a year. 
 
 
Limit on Tax Increases for Non-Homestead Property;
Tax Incentive for First-time Homebuyers
 
 
CS/SJR 532 (Senators Lynn, Gaetz and Altman)
 
This joint resolution proposes an amendment to the Constitution to provide with the exception of school district levies, the annual maximum assessment change on non-homestead residential real property is reduced from 10 percent to 5 percent of the assessment for the previous year.
 
The joint resolution further proposes to direct the Legislature to establish a tax incentive for first-time homebuyers.  Persons who have not owned a principal residence during the preceding eight years would receive an exemption equal to 25 percent of the just value of their new home (limited to $100,000). 
 
The exemption is reduced each subsequent year by an amount equal to 20 percent of the initial exemption as the owner’s Save Our Homes exemption provides an increasing benefit.    This “first time homebuyers’ incentive” exemption applies to all levies, including school district taxes.
 
 
Homestead Tax Credit for Deployed Military
 
CS/HJR 833/SJR 1302 (Senators Gardiner, Gaetz, Deutch, and Baker; Rep. Horner et al)
 
This joint resolution proposes a constitutional amendment that would allow active duty uniformed military to be exempt from property taxes, including school taxes, during those days in a year in which they are deployed outside the United States.
 
 
STATUATORY CHANGES
 
 Each year some 3,000 bills are introduced in the Florida Legislature.  This year,  203 “general bills” were passed.  I sponsored or co-sponsored twenty substantive bills – along with numerous amendments – which my colleagues in the House and Senate voted to adopt.  Here are summaries of several key bills.  To learn about every bill I sponsored and co-sponsored, go to www.flsenate.gov  and click on my web page.
 
 
“Protection of Florida Military Bases and Missions”
 
HB 7123/SB 2322 (Senators Gaetz, Peaden and Haridopolos; Representative Murzin)
 
This legislation makes protection of Florida’s military bases and missions a top priority of the state.  Northwest Florida’s economy is underpinned by our military bases and related industries.  There are 21 bases scattered throughout Florida with a positive economic impact exceeding $60 billion.  The military presence is the third largest driver of the state’s economy.  The new administration in Washington is considering downsizing the military, which would affect the missions and bases in our area and other communities in Florida. 
 
This legislation establishes the Florida Council on Military Base and Mission Support, comprised of nine unpaid members – three each appointed by the Governor, Senate President and Speaker of the House.  The Council’s mission is to use the full authority and necessary resources of the state government to preserve and strengthen the military presence, coordinate base support activities of communities that host military missions, and advocate for our bases and their economic and national security benefits at the federal level.
 
 
“The Deputy Anthony Forgione Act ”
 
 SB 456/HB 535 (Senator Gaetz; Representative Drake)
 
           Named for the Okaloosa County sheriff’s deputy killed while trying to recover a mental patient who had escaped from a hospital, this bill requires law enforcement and health care facilities to develop and follow clear procedures for transporting, receiving, securing and treating Baker Act patients.
 
 
“Stopping Medicaid Fraud and Abuse”
 
SB 1986 (Senators Gaetz and Peaden; Representative Homan)
 
Federal and state investigators estimate that taxpayers lose hundreds of millions of dollars in Miami/Dade County alone due to abuse of publicly funded health care programs. As Chairman of the Senate Health Regulation Committee, I worked closely with the Attorney General and health officials to develop the one of the nation’s toughest laws against Medicaid fraud. 
 
This legislation gives law enforcement and state regulators new and effective tools to identify, investigate, put out of business, prosecute and recover funds from those who are ripping off Medicaid.  The bill targets kickbacks, unnecessary care and equipment, overpayments, unqualified and questionable providers and gross over-utilization of services.  The bill also rewards whistleblowers and allows the state to recover funds improperly paid.  Special anti-fraud initiatives are established in Miami/Dade.
 
In addition, this landmark legislation requires the state to design more effective methods for Medicaid patients to receive care through “medical homes” – collaborations between medical schools and federally qualified community health centers.  
 
 
“ Local Authority for State University Governance”
 
SB 234/HB 489 (Senator Gaetz; Representative Coley)
 
Passing unanimously in both houses of the Legislature, this bill ensures that university boards of trustees have the authority to select, terminate, establish contracts and performance expectations for university presidents.  The bill was strongly supported by citizens who serve as trustees of our state universities in order to promote more local control of university governance.
 
 
“Stopping Taxpayer-funded political advertising”
 SB 216/HB 591 (Senators Justice and Gaetz; Representative Long)
 
 Local governments in Florida, including in our own area, have used taxpayer dollars to purchase political advertising in an attempt to convince voters to approve tax increases or charter amendments.  This bill allows individual officeholders to advocate any position but forbids taxing authorities from using public money to buy advertising to influence votes.
 
 
“ Charter School Reform and Accountability”
 
SB 278/HB 1005 (Senator Gaetz; Representative Nelson)
 
Charter schools have provided choice, competition and innovation in public education.  But, as the charter movement became an industry, unscrupulous operators in some schools have diverted money meant for instruction to personal use, exorbitant salaries, hiring unqualified relatives, and other improper business practices.  Half of the state’s charter schools aren’t graded by the Department of Education, leaving parents and communities without knowledge of the academic performance of the institutions.
 
This bill establishes standards of conduct for charter operators, requires monthly financial statements open to the public, provides technical help for groups organizing charter schools and allows the Commissioner of Education to intervene when charters are at financial risk.  The legislation also prohibits nepotism in employment and promotion, prohibits less-than-arms-length financial transactions among charter board members and administrators, and ensures that parents will receive timely and reliable information about their children’s progress.
 
 
 “ Low Income Pool/Unreimbursed Health Care”
  
SB 556/HB 285 (Senators Gaetz, Haridopolos and others; Representative Patronis)
 
Previously, a small group of lobbyists and self-interested parties were authorized by law to design the system by which over a billion dollars are distributed to Florida hospitals for the care of uninsured patients.  This bill removes contract lobbyists from the Low Income Pool Council, adds members who represent the public and medical profession, and establishes the Secretary of the Agency for Health Care Administration or her designee as the head of the council.  The impact of this legislation is to open the process to public scrutiny, ensure that distribution of these funds is not under the control of lobbyists and ultimately promotes a fairer method of providing care to Floridians without health insurance.
 
 
“ Access to Dental Care”
 
SB 702/HB 185 (Senator Gaetz; Representative Hudson)
 
This bill guarantees competition and choice in certain dental managed care plans and provides regulatory flexibility to retired dentists, military dentists and other practitioners who provide services without compensation to patients who cannot afford care.  The bill was strongly supported by the Florida Dental Association.
 
 
"Economic Development Projects and Expedited Permitting"
 
SB 852/ HB 73 (Senators Fasano and Gaetz, Representative Schenck)
 
          Under this bill, the Department of Environmental Protection (DEP) and water management districts are required to expedite permits within 45 days instead of the protracted management time periods which now can stretch for a year or more.  Expedited permits are for businesses identified by a local government as a target industry that will create jobs and promote economic activity. A mandatory pre-application process is also enacted to reduce permitting conflicts.
 
 
"Presumption of Correctness and Tax Assessment Challenges"
 
SB 1006/ HB 521 (Senators Fasano and Gaetz; Representative Lopez-Cantera)
 
          Under previous law, a citizen in a dispute with a county property appraiser was presumed to be wrong and the property appraiser presumed to be correct.  This unequal playing field has frustrated property owners attempting to appeal improper or inaccurate assessments before Value Adjustment Boards.  This legislation allows the taxpayer to overcome the "presumption of correctness" and, by a majority of evidence, prove that an assessment is wrong or unjust.
 
 
"Fast Track Economic Stimulus for Small Business"
 
SB 1502/ HB 485 (Senators Fasano and Gaetz; Representative Weatherford)
 
          This bill creates a state tax credit for qualified investments in Florida low-income communities.  The legislation makes Florida eligible to participate in the federal New Markets Development Program in which private investment dollars create targeted jobs that pay wages of at least 115 percent of the federal poverty level.  In return for the private investments, the federal government and state provide tax credits.
 
 
"Florida Homebuyer Opportunity Program"
 
Amendment by Senators Fasano and Gaetz to General Appropriation Bill
 
           This program provides first-time homebuyers with an $8,000 down payment assistance.  Under this home ownership incentive program, the state advances the money and, once the buyer purchases their first home, the federal government repays the loan.  The Fasano/ Gaetz amendment appropriated $30 million for this revolving loan fund, thereby helping 12,000 Florida families pay all or part of their down payment on their first homes.
 
 
“Double, Triple and Quadruple Dipping by Public Employees”
 
SB 1182/HB 479 (Senators Fasano, Gaetz and others; Representative Schenck)
 
 Unintended loopholes in the state retirement system have allowed highly paid public officials and administrative employees to abuse the Deferred Retirement Option Program (DROP).  These officials have agreed on a mandatory retirement date, accepted a large lump sum retirement payment, begun to receive taxpayer funded pensions and then, 30 days later, arrange to be rehired at the same job for the same or more pay, keep their DROP bonuses and re-accrue a second pension on the same job. I wish the final product in this bill could have been stronger, but the Legislature did agree to prohibit many of these abuses for individuals who have not yet retired.  The bill does not repeal DROP, but will save community colleges, universities, local governments and the state millions of dollars in “loophole payments.”
 
 
“Community Renewal Act”
 
SB 360 (Senators Bennett, Gaetz and others)
 
This legislation is a work product of the Senate Select Committee on the Economy, which I chair.  It repeals transportation concurrency requirements in communities with a population density of 1,000 or more per square mile and a total population of 5,000 or more.  These requirements, imposed during Florida’s boom years, are now stopping economic activity our state needs in order to retain and add jobs. 
 
The bill also promotes affordable housing, allows reduction or elimination of impact fees by local governments, and encourages in-town development as opposed to rural sprawl.  One result of the bill in our area is to allow Sacred Heart Hospital in Pensacola to proceed with a regional children’s hospital, providing advanced care to very ill children and creating 2,000 new well-paying jobs for Northwest Florida.
 
 
 
“Consumer Options in Telecommunications”
 
SB 2626/HB 1465 (Senators Haridopolos and Gaetz; Representative Weatherford)
 
This bill increases the income limit for Lifeline, which is a free phone service for low income citizens – thereby allowing 50,000 more elderly Floridians to obtain phone services.  The bill reduces the cap under which phone companies need Public Service Commission approval to raise or reduce rates.  With this legislation, phone companies can increase rates by no more than 10 percent without PSC approval.   In the past, the cap was 20 percent. 
 
 
“Consumer Choice in Payment of Health Benefits”
 
SB 1122/HB 855 (Senator Gaetz and others; Representative Llorente)
 
Previously, a Preferred Provider Organization (PPO) could refuse to honor a patient’s decision to assign payment for health services to his physician or other practitioner.  This practice led to doctors not getting paid and patients being forced to deal directly with insurance companies to justify and get reimbursed for health services.  The bill allows a patient to decide for himself whether to assign payment to the doctor or hospital providing the care, whether or not the provider is a member of the PPO network.  The bill does not increase or decrease the amount of money paid by an insurer to a provider.
 
Although a straightforward pro-consumer proposal, this initiative has been relentlessly opposed by one of the state’s large insurance companies.  The bill is widely supported by health groups, physicians, hospitals, substance abuse facilities, and others who provide care.
 
 
“ Supporting Self-Insurance Funds for Electric Cooperatives”
 
HB 845/SB 1138 (Senator Gaetz; Representative Drake)
 
This legislation eliminated duplicative reporting and regulatory requirements on rural electric cooperatives in the state.  The result is more than a $100,000 savings to electric cooperative customers.
 
   
“ Streamlining and Simplifying Professional Regulation”
 
SB 2262/HB 425 (Senator Gaetz; Representative Plakon)
 
This legislation makes it easier for individuals to begin a business and remain in business in our state.  The bill streamlines paperwork, eliminates unnecessary application requirements, removes obsolete licenses, and substantially expands computer-based testing for professions and occupations – thereby reducing cost and inconvenience for citizens. 
 
Further, this bill redirects existing industry-paid fees toward professional “school-to-career” educational programs and eliminates duplication of food service training by the state and private companies – thereby saving money and promoting better and more sanitary service in the hospitality industry.  The bill also requires local officials to impose penalties on those who misrepresent to the public that they are licensed or insured.
  

For more information about this or any other issue, please contact Senator Don Gaetz, by e-mail, by letter, 217 Miracle Strip Parkway, SE, Ft. Walton Beach, FL 32548 or call 1-866-450-4DON toll free from anywhere in Florida.

“Neighborhood Day” in Pensacola Beach

Citizens concerned about property taxes, education, the economy, the future of our military bases, health care and other state issues can sit across the table, have a cup of coffee and share their views one-on-one with their senator this coming Thursday, June 4th,  in Pensacola Beach.

From early morning until well into the evening, Senator Don Gaetz will meet with citizens, speak to business and civic leaders, visit with students, teachers and parents at Pensacola Beach Elementary, and walk door-to-door in Pensacola Beach. 

Since his election to the Senate in 2006, Gaetz regularly takes his Senate office to neighborhoods throughout Northwest Florida to hear citizens’ ideas and suggestions and discuss their problems face-to-face.  “Very few people have the time or opportunity to travel to Tallahassee to express themselves about state issues,” Gaetz (R-Niceville) said.  “Neighborhood Day is a chance for me to spend a whole day in a neighborhood and listen to small business owners, moms and dads, veterans, teachers and taxpayers who live and work there.  There’s no government office, no need to make an appointment, it’s all very informal and the coffee pot is on.”

“Neighborhood Day” kicks-off at 6:40 a.m. with Senator Gaetz live on WEBY AM 1330 with morning show host Dave Daughtry.  At 7:35 a.m., Gaetz will be a guest on WCOA AM 1370 with hosts Luke McCoy and Don Parker. 

At 8:00 a.m., Gaetz will visit with students, teachers and parents at Pensacola Beach Elementary School, located at 900 Via DeLuna.  He will present Principal Jeff Castleberry with a senatorial commendation for the school’s outstanding academic achievements for the school year. 

Beginning at 8:45 a.m., at Pensacola Beach Community Church, Gaetz will meet one-on-one with anyone who would like to talk with him about problems with state agencies or offer opinions about energy, education, insurance, taxes or other concerns. If individuals want to meet with the senator at a specific time during the day, call toll free  1-866-450-4DON.  No appointment is necessary, however.  People can simply stop by Pensacola Beach Community Church, located at 920 Panferio Drive in Pensacola Beach, until 10:45 a.m. and, in the afternoon, from 5:00 p.m. to 6:30 p.m. Everyone who comes by will have an opportunity to visit with Gaetz. 

Following his morning office hours, Gaetz will speak to the Pensacola Beach Woman’s Club, which meets in Hunt Hall at Our Lady of the Assumption Catholic Church at 920 Via DeLuna, Pensacola Beach. 

At noon, Senator Gaetz will discuss the results of the 2009 legislative session with the Pensacola Beach Chamber of Commerce and Santa Rosa Island Authority.  The luncheon will be at Flounder’s Chowder and Ale House at 800 Quietwater Beach Road, Pensacola Beach.

From 3:00 p.m. to 4:30 p.m., Gaetz will be an invited speaker at the Gulf Power Community Leader Forum at their corporate office at 500 Bayfront Parkway in Pensacola.

Late in the afternoon and evening, Gaetz will walk door-to-door in Pensacola Beach to meet with residents on their own turf.  "I enjoy talking with folks on their own doorsteps," Gaetz said.   Before and after his 2006 election to the Senate, Gaetz has knocked on over 25,000 doors in Northwest Florida.
 
Gaetz is in his first four year term and is one of five senators overseeing “policy groups” and managing the flow of legislation to the Senate floor.   
 
The Business and Industry Policy Group, which Gaetz leads, includes Senate committees on commerce, transportation, regulated industries, banking and insurance.  He also heads the Senate’s Select Committee on the Economy, a powerful bipartisan group charged with creating incentives and removing disincentives to economy recovery and making state and local government function less expensively and more effectively.
 
Gaetz was named chairman of the Senate committee with jurisdiction over health policy and regulation.  Gaetz is a former hospital administrator, served as president and chairman of the National Hospice Organization and co-founded VITAS Healthcare Corporation, a national health services company which he and his partners sold in 2004.
 
Additionally, the Niceville resident is a member of the ways and means policy group, which has jurisdiction over the state’s budget and tax policy, and the social responsibility policy and steering committee.  Gaetz is also a member of the rules, health appropriations, and education K-12 committees.

Prior to his service in the Senate, Gaetz was the elected superintendent of schools in Okaloosa County, served on the Okaloosa School Board and was the first town chairman of Seaside, Florida. 
 
For more information on “Neighborhood Day” or to make an appointment to meet with Senator Gaetz, contact Meghan Rice, Legislative Aide to Senator Gaetz toll-free at 1-866-450-4DON or rice.meghan.s04@flsenate.gov .  To read about legislation Senator Gaetz has sponsored and supported, please go to www.flsenate.gov and click on his member page.

A report to educators, parents and taxpayers

Dear Neighbor,
 
Our legislative session in Tallahassee just ended this past Friday and I wanted to report to you as soon as possible about an issue that concerns nearly every Northwest Floridian – the future and funding of our public schools. 
 
If you have children in school or if you’re a citizen paying taxes to support our schools, each of us has a stake in how and how much is spent – and what results are achieved.
 
It means so much to me to receive emails, letters, phone calls and visits from students, parents, educators and taxpayers who care deeply about education.  I read every message and used many of your comments and suggestions as I worked with my fellow senators.  Thank you for your messages.  You made a difference.
 
As a former superintendent and school board member in Okaloosa County, I know what it’s like to squeeze less-than-essential expenses in order to push a greater share of scarce resources to the classroom.  I admire the five superintendents and five boards who operate the schools in Northwest Florida and I respect the tough decisions they make.
 
All of us are keenly aware of the deteriorated economy and all that it means to our families and our communities – job losses, rising foreclosures, businesses struggling, money tightening, and a flat real estate market. 
 
There are also implications for our state, as a whole.  In fiscal year 2009-2010, for the second year in a row, the State of Florida will have $6 billion less in revenue than the year before.  That two year drop of $12 billion in revenue is the worst budget reverse since the Great Depression.  
 
When property values are declining and people and businesses aren’t buying and selling, there’s less revenue to support the state budget.  A third of our budget is spent on education.
 
 
Dire predictions  
 
Officials in local school districts braced for the worst as the legislative session began.  One superintendent in our area said state funding would be slashed 15 % to 16 % in the 2010 budget with her district losing $31 million.  Another told the media that state budget cuts would likely force him to lay off 260 teachers.  A district finance director in another Northwest Florida county said he knew funding would be cut by $318 per student.
 
Newspapers carried dire stories that programs like International Baccalaureate, Advanced Placement, and National Board Certification would be eliminated by state action.
 
As a reminder, here are links to some of the predictions published before and during the legislative session:
 
Education cuts coming into focus, January 10, 2009 in the Panama City News Herald
School District chips away at budget, January 15, 2009 in the Gulf Breeze News
Gloomy forecast, March 5, 2009 in the Northwest Florida Daily News
School budget committee: Keep cuts from classrooms, March 12, 2009 in the Northwest Florida Daily News
No easy answers for Okaloosa schools, March 19, 2009 in the Northwest Florida Daily News
Teachers brace for post-break news: 272 instructors and administrators could get '09-10 lay-off notices, March 26, 2009 in the Gulf Breeze News
Hundreds of Okaloosa teachers get layoff notices, March 27, 2009 in the Northwest Florida Daily News
Senator: Bay schools stand to gain in new budget, March 27, 2009 in the Panama City News Herald
Legislators haggle over education spending, March 29, 2009 in the Northwest Florida Daily News
Santa Rosa cuts 121 support jobs; 260 teachers may be next, April 1, 2009 in the NorthEscambia.com
Educators battle the budget ax: Educators, students rally against school cuts, April 24, 2009 in the Pensacola News Journal
 
Bottom line:  no deep cuts in K12
 
While a bad economy can’t result in a good budget, the fact is that the deep cuts described in those news stories didn’t happen.  But the drill which some districts underwent did help folks understand how serious the problem could have been – and might be again.
 
The Legislature combined state revenues, federal stimulus funds, unprecedented flexibility and local control with deeper reductions to non-education parts of the state budget in order to protect classroom instruction. 
 
The bottom line – state-wide K12 schools will receive from the Legislature about the same amount of operating funds next year as this year. 
 
I wouldn’t go as far as some newspapers which have declared education a “winner” in the state budget.  In my view, this historically difficult year isn’t a time when anyone can claim to be a winner in the budget process.  But now, at least, parents and teachers and school administrators can operate from facts, not speculation as we look to the year ahead.
 
Here are the facts, taken from pages 6 and 7 of the Final Conference Report, Senate Bill 2600, May 5, 2009, which is the fiscal year 2009-2010 Florida Education Finance Program:
 
Bay County will receive $167,931,419 through the state funding formula for 2010.  This is an increase of $288,588 over the current year’s amount of $167,642,831.  Per student funding will increase from $6,644.04 to $6,712.21.  Bay projects a continued enrollment decline of 213 fewer students next year.
 
Escambia County will earn $6,577.03 per student in 2010, a slight increase over this year’s $6,575.88.  But the district will have $6,569,828 less in income next year ($258,669,285 compared to $265,239,113) because of 1,008 fewer students.  Escambia’s budget reduction is solely because of less enrollment, not because of state budget decisions.
 
Okaloosa County will lose less than one half of one percent in operating revenue, not the 15%-16% reductions mentioned in news stories and meetings.  Okaloosa’s per student funding will be $6,656,79 or $21.17 less than the current year.  Overall, the district will have $193,236,510 in operating funds for 2010.  This year the district is spending $193,996,917. 
 
Santa Rosa County  schools will earn a small amount more per student ($6,476.38 compared to $6,478.60 next year) but will have less funding overall because of a projected loss of 323 students.  Like Escambia and Bay, Santa Rosa’s year-to-year revenue decline is largely related to a drop in enrollment, unusual for Santa Rosa schools.  For that reason, total operating funds will decline from $161,009,632 to $158,975,105 or a loss of 1.26%. 
 
Walton County will gain $2,206,154 in year to year operating funds under the Legislature’s budget:  $50,537,056 up from $48,330,902 in 2009.  Per student funding will rise 4.45% from $6,970.73 to $7,281.04.  Enrollment is not expected to grow.  Alone among the counties in Senate District 4, Walton receives a “small district supplement,” a feature of the state’s funding formula for many years.
 
 
Classroom instruction protected, More flexibility and local control
 
The final budget is far better (or at least not nearly as bad) news for K12 education than was feared.  As a member of the Senate Education Committee, I’m deeply grateful to our chairman, Senator Nancy Detert (R-Sarasota) and the Education Appropriations Chairman, Senator Steve Wise (R-Jacksonville) and our partners in the House of Representatives for listening and responding to those of us who are advocates for public education. 
 
The fact is that other areas of the state budget were cut deeper so that classroom instruction could be protected as much as possible.  We also applied every dollar of federal stimulus money possible to education.
 
I was pleased to join with Senator Detert in sponsoring legislation which gives county school boards more local control and spending flexibility than ever before.  I was also able to work with Senator Wise to restore most weighted funding for Advanced Placement and International Baccalaureate.
 
At my urging and that of other like-minded senators, we maintained the Merit Award program, whereby thousands of Florida teachers are receiving up to ten percent performance bonuses based on locally-developed plans.  The House and Senate budget conferees also accepted my recommendation to continue to support National Board Certification as a way to reward teachers who devote up to three years of rigorous self-improvement to enhance their instructional skills.
 
 
Tough decisions at local level
 
But even though there will be no deep cuts in next year’s education appropriations, the reality is that our local school boards and superintendents are still facing tough choices.  Those governing our school systems have had to drain reserves and tighten belts to get through the 2008 and 2009 school years, when per student funding did decrease as the economy worsened. And while 2010 school funding is at relatively the same level as 2009, the costs of energy, insurance and other items will continue to rise.
 
At the request of school boards, superintendents, parents and teachers in Northwest Florida, I worked to make a portion of previously restricted capital funds available for operating purposes.  This flexibility reduces the dollars available for construction in favor of maintaining classroom instruction.  With declining or flat enrollment in all the counties in my Senate district, I agreed with the input I received from home that keeping teachers in existing classrooms is more important now than building more classrooms for fewer students.
 
This year the Legislature also provided additional local funding authority to school boards.  By a super majority, Boards can increase taxes by one-fourth mill so long as the increase is approved by voters at the next election.   The only reason I supported this provision is that the voters have the final word.
 
Decisions about which schools to close or open, which teachers to keep or let go and which programs and activities will be continued are all local decisions, as they should be.  But the reason for such decisions – if they must be made – isn’t state budget cuts for 2010.    
 
 
Biggest cause of budget woes is enrollment declines
 
For three of the five counties I represent, the single biggest cause of district budget reductions in recent years has not been cuts at the state level.  The reason for less dollars is fewer students attending public schools in those counties. 
 
Taxpayers can’t be expected to provide funding for empty desks, though districts have struggled to reduce overhead proportionate to having fewer students.  

• In Bay County, there are 1,930 fewer students than in 2006.  At $6,712 per student, enrollment loss has cost Bay schools $12,954,160 over four years.
• Escambia schools have lost 3,339 students since 2006.  This one variable has resulted in a loss of $21,960,603 at $6,577 per student.
• Okaloosa has 1,674 fewer students than in 2006.  At $6,657 per pupil, the district is $11,143,818 poorer due solely to declining enrollment.  

Other than an unprecedented projected loss of 323 students for 2010, Santa Rosa has had steady enrollment in recent years as has Walton County.
 
To view a spreadsheet of Northwest Florida school districts, their funding history and enrollment trends, open the attached excel spreadsheet.  Source:  Florida Senate Ways and Means Committee, May 12, 2009
 
 
What can you do?  Get involved locally
 
In the weeks ahead, our local school boards will be completing their budgets for next year and our neighborhood schools will be planning for staff, curriculum, and programs.  It’s never an easy process and, with the economy still teetering, the future of education funding is less than certain.
 
The best asset your schools could post to their balance sheets is the involvement of concerned parents, educators and members of the community.   Attend the meetings.  Ask for your copy of the school’s budget and ask questions.  Offer your recommendations for what’s more important and what’s less essential.  It’s your children, your money, and your schools.  The best administrators will be glad to see you, welcome your suggestions and probably put you to work helping to make our schools better. 
 
Please continue to share your views with me, as well.  Your comments, criticisms and guidance help me do a better job.  Every day when I walk onto the Senate floor I whisper a prayer of thanks that you have given me the privilege of a lifetime – to listen to you and to speak for you in the Senate. 

Anti-fraud law goes after Medicaid cheats

Tallahassee, Fla. – After 20 years of ever-increasing health care fraud and abuse in Florida, a bill passed today by the Legislature will give our state some of the toughest laws in the nation against those who rip off Medicaid and Medicare. 
 
Sponsored by Senator Don Gaetz (R-Niceville) and Senator Durell Peaden (R-Crestview), Senate Bill 1986 equips law enforcement and oversight agencies with new tools to identify, investigate, put out of business and prosecute individuals and companies that knowingly defraud health care programs designed to care for the elderly and the poor.  The bill also makes it easier for the state to recover money from those who abuse the system and provides cash rewards to those who turn in fraudulent providers.
 
The legislation will require exhaustive background checks for those applying to set up pharmacies, home health agencies, medical equipment companies and clinics.  Until now “bad actors” who have abused the system elsewhere have been able to slip through cracks in the law and re-appear under different corporate names in Florida. The result has been an avalanche of fictitious patients, overutilization, improper billing, and kickbacks.   
 
Testifying before the Senate Health Regulation Committee, chaired by Senator Gaetz, the state’s attorney general and health regulators testified that current laws were inadequate, fraudulent providers were multiplying and hundreds of millions of dollars were being stolen from programs intended to help the ill elderly and poor.  Making the problem worse is the explosion of health care providers who become certified by Medicaid and then begin bilking the program.  For example, Miami/Dade, with a population of 2.5 million, has the same number of home health agencies as California with 38 million people.  The average home health patient in Miami receives twice as many taxpayer-funded services as the typical Florida patient.  AIDS/HIV clinics in south Florida collect twenty-two times as much public money as the entire United States combined.  Federal investigators have labeled Miami/Dade as “the super bowl of fraud” within the nation’s health care system.
 
“Since we have the worst problem in the nation, we need the most effective solution,” said Gaetz.  Those found to have committed health care fraud will be subject to severe criminal penalties, including stiff fines and imprisonment. 
 
“This bill is the first step in cleaning up the massive Medicaid fraud in South Florida,” added Senator Peaden. “These revenues should rightly be spent on the elders and children who need these services. I commend Senator Gaetz on his tireless work on this effort.”  Peaden, who chairs the Health Appropriations Committee, estimates that recovering funds from overbilling and fraud will bring in at least $10 million next year.
 
The measure declares Miami/Dade as a “health care fraud crisis area” and applies stringent oversight to health providers and a moratorium on new home health agencies in that county.  Providers state-wide will be monitored for over-utilization and those operating outside norms will be identified for recovery of funds.  For the first time, home health services will have to be declared medically necessary by a licensed Florida physician.  Financial inducements for patient referrals and kick-back schemes between providers are prohibited.  Senate Bill 1986 requires disclosure of corporate ownership and bars from receiving payments those companies whose shareholders have lost their Medicare or Medicaid status in other states. 
 
Also included is a “medical home” design whereby medical schools and community health centers will provide services to Medicaid patients. 

State Makes Protecting Military Bases a Priority

Tallahassee, FL--  The Florida Legislature voted today in support of legislation that will make protection of the state’s military bases and missions a major state priority.
 
“With the Obama Administration indicating that the military budget is under a thorough review, we may be facing what amounts to a mini-BRAC,” according to Senator Don Gaetz, sponsor of Senate Bill 2322.  “Florida needs to speak with one strong voice on behalf of our twenty-one bases and that’s what this bill does.”
 
This legislation, co-sponsored by Senator Durell Peaden (R-Crestview) and Senator Mike Haridopolos (R-Merritt Island) will create the Florida Council on Military Base and Mission Support and authorize the group to work with federal elected officials, the Pentagon and base-hosting communities to preserve and, if possible, expand the military presence in the state.
 
 The council will consist of nine unpaid members, three each appointed by the Governor, President of the Senate and Speaker of the House.   The council will be staffed by the Governor’s Office of Trade, Tourism and Economic Development.
 
“This bill helps maintain the economic value of the military in our area and its strength and security for the United States,” said Senator Peaden.
 
This legislation will also create several working groups comprised of business, military and community leaders throughout the state to focus on intrastate activities, competitive strategies, and public awareness.
 
“Our military bases and their directly related industries bring $60 billion to Florida’s economy. ” according to Gaetz (R-Niceville), who is chairman of the Senate Select Committee on Florida’s Economy.
 
Representative Dave Murzin (R-Pensacola) is House sponsor of the companion legislation, which now goes to Governor Crist for approval.
 
“I thank Senator Gaetz for securing the passage of House Bill 7123 in the Florida Senate,” said Rep. Dave Murzin. “Northwest Florida values its partnership with the military and we look forward to protecting its resources here and around the state.”
 
Northwest Florida is home to Eglin Air Force Base, Tyndall Air Force Base, NAS Pensacola, Hurlburt Field, Duke Field, Whiting Field, the Naval Support Activity in Panama City, and soon will host the Army’s 7th Special Forces. 

Baker Act Reform Passes Senate, Named for Fallen Okaloosa Officer

April 24, 2009
 
Baker Act Reform Passes Senate, Named for Fallen Okaloosa Officer
 
Tallahassee, Florida—The Florida Senate passed legislation today to reform the state’s Baker Act.  The bill was named in honor of Anthony Forgione, an Okaloosa County Sheriff’s Deputy who was killed attempting to retrieve a patient who had repeatedly walked away from Fort Walton Beach Medical Center.
 
The Deputy Anthony Forgione Act, sponsored by Senator Don Gaetz (R-Niceville) and Representative Brad Drake (R-DeFuniak Springs), will require law enforcement agencies and treatment facilities to develop and follow protocols governing how Baker Act patients will be transported, secured and evaluated. This act also states that a person in custody, who is being transported under the Baker Act, can be relinquished only to a responsible individual at the appropriate treatment facility. 
 
After being admitted to the facility, a patient who requires psychiatric care, but does not give consent to treatment may be held involuntarily, based on a decision by medical authorities. 
 
The legislation was created in response to the death of Deputy Forgione, an Okaloosa Sheriff Deputy who was shot and killed on July 22, 2008, by Mark Rohlman, a Baker Act patient who “eloped” or left Fort Walton Beach Medical Center while awaiting evaluation and treatment.
 
After being returned to the hospital several times during a two-day span, Rolhman walked out and was tracked to a residential home.  When deputies attempted to apprehend him, he opened fire. During the shootout, Forgione was shot and killed.
 
“The need for this bill was evident following the tragedy that occurred in our county,” Gaetz said.  “The legislation doesn’t point fingers at anyone but does point a better way forward in transporting, safeguarding and treating Baker Act patients.”
 
“Representative Drake and I also wanted this law as a living memorial for Deputy Forgione,” the senator explained.  “At a time when the badge has been tarnished by the improper actions of a few, we want to lift up the memory of Tony Forgione and honor the daily acts of bravery and duty by the hundreds of women and men in our sheriff’s office and police departments who serve ethically and skillfully.”
 
The Senate bill next goes to the House of Representatives where favorable action is expected.
 
For more information about this or any other issue, please contact Senator Don Gaetz, by e-mail at gaetz.don.web@flsenate.gov, by letter, 217 Miracle Strip Parkway, SE, Ft. Walton Beach, FL 32548 or call 1-866-450-4DON toll free from anywhere in Florida.  

Half-time Report: Senate makes progress on NW Florida priorities

In at least one way, a Florida legislative session is like a high-powered basketball game – the last minutes are often the most exciting and most important.  Right now, the 2009 session is at half-time with adjournment scheduled for the first week in May.  So, while there are some points on the board, most of the action is still to come.
 
NW Florida School Districts Fare Well in Senate Budget
 
One “hot off the press” development is that the Senate education budget does not include deep cuts in school funding in Northwest Florida.  As former Superintendent of Schools in Okaloosa County and as a member of the Senate Education Committee, I’m committed to squeezing full value out of every precious taxpayer dollar that goes to education.  But I also believe that deep cuts to school budgets will undermine our economy and make our children less competitive and less successful as they enter college and the workforce.
 
That’s why I’m proud of Senate President Jeff Atwater for standing with us to protect classroom instruction even as state and local revenues have steeply declined as a result of the deteriorating economy.  President Atwater is insisting that cuts be made elsewhere in the budget in order to keep our schools operating.  While I would not have voted for the federal stimulus plan if I were in Congress, I am working closely with my colleagues in the State Senate to ensure that stimulus dollars designated for education are properly used.  The Senate’s plan for education funding does not make the double digit cuts which some folks predicted and, frankly, over-dramatized.
 
Here’s how the five school districts of coastal Northwest Florida will fare under the Senate budget:
 
District                 2008-2009 funding        2009-2010 funding        Change
                                      per student                     per student
 
Bay                      $6,658.47                      $6,692.99                      0.52%
 
Escambia              $6,593.44                      $6,580.29                      -0.20%
 
Okaloosa              $6,683.05                      $6,649.61                      -0.50%
 
Santa Rosa           $6,493.44                      $6,478.33                      -0.23%
 
Walton                 $7,065.06                      $7,306.22                      3.41%
 
As the session began I asked Northwest Floridians to share their views about critical issues facing our state.  To be a good leader you first have to be a good listener.  Fortunately, over 3,000 of our neighbors gave me plenty to listen to and, in return, I promised to report on the progress of bills voters in our area said were important.
 
Here’s a partial list of ten high profile bills which I am sponsoring or co-sponsoring and how those proposals are faring so far this session.
 
“Welfare for politicians”
 
Nine out of ten folks who responded to our survey favor eliminating what’s been called “welfare for politicians,” the current practice of giving millions of taxpayer dollars to Democratic and Republican candidates campaigning for state-wide office.  Yesterday, Senate Bill 564 (Haridopolos and Gaetz) was approved by the Senate Ways and Means Committee and is on its way to the Senate floor.  If passed, this legislation will mean that $10.4 million that would have gone to financing politicians’ campaigns can remain in taxpayers’ pockets or be used for critical health care and education needs.
 
“Taxpayer-funded political advertising”
 
Another election reform bill supported by over 90 percent of Northwest Floridians would stop the practice of local governments using taxpayer funds to purchase political advertising to tell voters how to cast their ballots on tax increases, referenda and other issues.  Senate Bill 216 (Justice and Gaetz) next must pass the Senate Judiciary Committee before reaching the full Senate.
 
“Medicaid Fraud and Abuse”
 
Aggressively investigating and prosecuting Medicaid fraud earned nearly 100 percent support from voters we surveyed.  Senate Bill 1986 (Gaetz and Peaden) is the toughest anti-fraud bill in the state’s history.  This week the legislation won unanimous approval in the Senate Health Committee, which I chair, and next goes to the Appropriations Committee before heading to the floor.  The bill establishes high standards for program integrity and tough penalties state-wide as well as targeting Miami-Dade, described by the federal government as “the Super Bowl of health care fraud in the United States.”  
 
“Double and triple dipping”
 
I’ve joined Senator Mike Fasano (R-New Port Richey) in introducing Senate Bill 1182 to end the abuse of the DROP system.  The bill doesn’t repeal DROP but it does curb elected officials, college presidents and other highly-paid government employees from retiring, collecting a pension, collecting a retirement bonus, being rehired at the same position at the same or higher salary, and then re-enrolling in the pension program for a second time.  If passed, the bill would save colleges, local governments, and the state many millions of dollars now being drained out of a loophole in the DROP program.  It has several more committee stops.  Ninety percent of persons responding to our survey urged me to move forward with the bill. 
 
 
“Community Renewal Act”
 
This legislation is a work product of the Senate Select Committee on the Economy, which I chair.  Senate Bill 360 (Bennett and Gaetz) repeals transportation concurrency requirements imposed by the state, thereby reducing the cost of government mandates on small businesses.  The bill encourages in-town development as opposed to rural sprawl.  It also allows local government to reduce or eliminate impact fees in order to be more competitive in keeping and attracting businesses and jobs.  The bill will be debated and voted on in the Senate this coming week.  It has broad support in our area.
 
 
“Class Size Common Sense Reform”
 
Taxpayers have already spent $13.4 billion complying with the Class Size Amendment, added to the Florida Constitution by voters in 2002.  Senate Joint Resolution 1828 (Wise and Gaetz) would not repeal the class size amendment but would freeze the provision at “school average” instead of inflexible per-class caps.  Over 80 percent of people in our area support giving local educators and parents some flexibility in meeting this mandate, thereby avoiding another billion dollars a year in cost.  The bill has passed the Senate Education Committee and will soon be considered by the Appropriations Committee.  If adopted by the Legislature, it would have to be approved by 60 percent of the state’s voters.
 
 
“Multiple Crash Dangerous Drivers”
 
Senate Bill 484, supported by nearly ninety percent of Northwest Floridians, would make it harder for individuals to keep their drivers licenses if they are at fault in three or more crashes within three years.   This legislation, which I am sponsoring in cooperation with law enforcement authorities, has already passed two Senate committees but needs the approval of the Criminal Justice Committee before it goes to the floor of the Senate.
 
 
“Smart Cap on Government Spending”
 
Senator Haridopolos and I are sponsoring Senate Bill 1906, which will give voters a chance to amend the Constitution to limit increases in state and local government spending to no more than the increase in population plus the increase in cost of living.  Strongly opposed by lobbyists representing local government, this bill is currently facing a tough vote in the Senate Government Operations Committee.  People in Northwest Florida strongly support limiting government spending at all levels.
 
 
“Support for Our Military Bases”
 
Northwest Florida’s economy is underpinned by our military bases and related industries.  There are 21 bases scattered throughout Florida with a positive economic impact exceeding $60 billion.  The military presence is the third largest driver of the state’s economy.  The new administration in Washington is considering downsizing the military, which would affect the missions and bases in our area and other communities in Florida.  Senate Bill 2322 (Gaetz and Peaden) would make support for our military and military-related industries a top state priority.  The bill empowers a council of high-powered community, business and retired military leaders to advocate for our bases with the full authority of the state.  This bill was unanimously approved in the Senate Military Affairs Committee this week.
 
 
“Flexibility and Local Control for Schools”
 
I joined Senator Nancy Detert (R-Sarasota) in proposing SB 2254, which was recently approved overwhelmingly by the Senate Education Committee.  This bill allows local control of over a billion dollars in state education funding which previously was restricted by state mandates and requirements.  The legislation is in response to the request of parents, teachers, and schools in our area and is consistent with my long-held belief that those closest to the classroom should have the most to say about how school funds are spent.  The bill was included in the Appropriations Committee proposal for education funding flexibility for next year.
 
To keep track of any bill that interests you , please go to www.flsenate.gov, go to my page on the Senate website and enter the bill number.
 
Clearly, there are other legislative proposals of interest to our area – and I’ll report to you if and as other bills progress through committees and to the floor.  I am pleased that issues earning strong support from our communities and neighborhoods are being taken seriously in the Senate. 
 
Thank you for the privilege of speaking for Northwest Florida in our state capital.  I appreciate the emails, phone calls, visits and letters that help me understand what’s important to you.  Your concerns, your ideas, and your guidance will help me be a better senator.
 
With best wishes,
 
Respectfully,
Senator Don Gaetz

Gaetz-Peaden bill seeks to protect military bases during changing times

With Pentagon spending and deployment decisions under review by the Obama Administration, the Florida Senate is taking action to protect the state’s 20 military bases and their $55 billion economic impact on Florida’s economy.
 
Legislation introduced by Senator Don Gaetz and co-sponsored by Senator Durell Peaden (R-Crestview) makes base closure and mission realignment a state issue and establishes what Gaetz (R-Niceville) calls “a preemptive strike force” to advocate for Florida’s interests. 
 
Senate Bill 2322 establishes the Florida Council on Military Base and Mission Support with nine unpaid members, three each appointed by the Governor, President of the Senate and Speaker of the House.  The group’s role will be to support and strengthen existing missions and bases located in Florida, ensure that Florida is competitive in attracting and holding a strong military presence, and assist local communities in dealing with the federal government on base closure issues.
 
“Clearly, Senator Peaden and I have a regional interest in maintaining a strong military presence in Florida,” Gaetz said.  “But the economy of communities throughout our state is hard-wired to our bases.  This bill will put the state on the front lines to protect our national security assets and preserve the many, many benefits that come from Florida’s close association with all branches of the military.”
 
Northwest Florida is home to Eglin Air Force Base, Tyndall Air Force Base, NAS Pensacola, Hurlburt, Whiting Field, the Naval Support Activity in Panama City, and soon will host the Army’s 7th Special Forces. 
 
The legislation also creates a series of work groups comprised of business, military and community leaders and focusing on intrastate activities, liaison with the federal Department of Defense, competitive strategies, and public awareness.
 
“Florida needs a strong, unified voice speaking up for our military and for the communities that host our bases,” according to Gaetz, who is chairman of the Senate Select Committee on Florida’s Economy.

Northwest Floridians Weigh In on State Issues

Voters reject revenue increases in favor of spending cuts but split on cigarette tax and a one penny tax for schools
 
If it were up to people in Northwest Florida, government at all levels would choose deeper budget cuts instead of tax increases, according to an internet survey conducted by Senator Don Gaetz.
 
Over three thousand residents of Escambia, Santa Rosa, Okaloosa, Walton and Bay counties told Gaetz what they think about twenty-five critical issues facing the state this year.  The survey was hosted on www.gulf1.com and publicized with television ads and direct mail sent to Republican, Democrat and independent voters.  No public funds were used. 
 
"This large response, along with hundreds of individual comments attached to surveys, shows how much people here care about the quality of their communities and the future of our state," Gaetz said.  "The suggestions, opinions and guidance of my neighbors in Northwest Florida will help me be a better senator."
 
By a three to one margin, those participating in the survey said the legislature should respond to the rapidly deteriorating economy by reducing spending instead of seeking new revenues.  Seventy-three percent believe local governments can cut more spending without endangering core services and 78 percent say their county school districts should spend less on district overhead and administrative costs and concentrate a greater share of scarce resources on classroom instruction.
 
Standing out from the otherwise overwhelmingly conservative feelings of area residents were divided responses on tax increases that would benefit education.  Forty nine percent of survey participants say they would favor a one penny sales tax increase to reduce the impact of budget cuts on public schools.  Slightly over 50 percent would oppose the tax. 
 
A constitutional amendment to establish a statewide penny sales tax for education would require 60 percent approval on a general election ballot.
 
Sixty six percent are ready to raise the price of a package of cigarettes by 50 cents to $1 if the proceeds are used for either education or health care. 
 
Most Northwest Floridians oppose taxing items purchased over the internet and oppose expanded gambling as a way to produce more revenue.  However, by wide margins respondents favor tax credits for industries that bring new jobs and business activity to the state. 
 
Voters split exactly 50/50 on whether the state should get out of the property insurance business or continue to offer coverage through Citizens Insurance, even if all property owners may have to share in paying for financial shortfalls after storms.   By nearly four to one, those responding support Governor Crist's desire to stop State Farm Insurance from selling auto, life, health or other products in the state if they go out of the homeowner insurance business in Florida.
 
By wide margins, participants from all five counties in the Senate district support legislation being sponsored or co-sponsored by Senator Gaetz to:

• End public financing of state-wide political campaigns
• Stop local governments from using taxpayer funds for political advertising 
  
•  Give taxpayers equal footing before the law in disputes with property appraisers
• Substantially strengthen investigation and prosecution of Medicaid fraud, abuse and over-utilization
• Return to their countries of origin any illegal aliens who are being supported by taxpayer funds in state prisons
• Restrict the practice of allowing elected officials and public employees from simultaneously collecting retirement benefits, a retirement bonus and then returning to the same taxpayer-funded job at the same or higher pay (double/triple dipping)
• Modify the class size amendment to maintain a "school average" but allow local educators and parents some flexibility in assigning students to public school classes
• Reduce regulatory controls, specifically transportation concurrency requirements, by the state Department of Community Affairs to discourage urban sprawl and encourage business development
• Reduce duplication, redundancy and delays in permitting and regulation of business activity
• Eliminate the practice of allowing a group comprised entirely of lobbyists and individuals employed by recipient organizations to develop the state's plan for health care to uninsured, low income persons
• Make it easier to deny driving privileges to individuals who are at fault in three or more crashes within a limited period of time
• Allow customers of Citizens Insurance to be compensated by a court if Citizens is found to have violated state law or acted in bad faith by failing to pay claims
• Require charter schools to provide accurate, timely academic reports to parents and the community and ensure that charter operators use ethical, standard business practices in money-handling

Ninety-one percent said they recognized Gaetz as their senator prior to taking the survey.  Forty-two percent gave a "highly favorable" opinion of his service in the Senate.  Another 53 percent rated his performance as "favorable."
Four percent expressed an "unfavorable" opinion and one percent a "highly unfavorable" opinion.  Gaetz was elected to the Senate without opposition in 2006.
 
More than two hundred citizens accepted their senator's invitation to expand upon the survey with further suggestions and comments.
 
"One of the best features of our 'Critical Issues Survey' was the wide range of observations, questions and recommendations we received in narrative form," Gaetz explained.  "Northwest Floridians are certainly thinking about the choices that face our state and I'm deeply grateful so many took the time to participate in our survey and offer their opinions and guidance to me."
 
Gaetz said he will report the results to all of those who took the survey and keep in touch with individuals who expressed a particular interest in issues important to them.
 
To read the entire survey and see all statistical results go to: http://www.gulf1.com/Gaetz/Results.htm 

Class size modification wins House, Senate votes

Sen. Gaetz co-sponsors constitutional amendment to bring “common sense” to inflexible mandate
 
Should local educators have some flexibility within legal limits in managing the size of public school classes?  Or, should the mid-year enrollment of a new student force schools to split classes, hire an additional teacher and create another classroom?
 
A constitutional amendment proposed by Senator Steve Wise (R-Jacksonville) and Senator Don Gaetz (R-Niceville) would not repeal class limits but would allow local educators to exercise what Gaetz calls “common sense flexibility.”
 
The proposal was approved this week by education committees in the House and Senate.  To become law, Senate Joint Resolution 1828 will have to garner a three-fifths majority in both chambers and be approved by 60 percent of the state’s voters in the next general election.
 
A constitutional provision adopted by voters in 2002 requires that by the beginning of the 2010-2011 school year, no kindergarten through third grade class in any Florida public school can have more than 18 students.  Fourth through eighth grade classes are limited to 22 students.  High school core curriculum classes may not contain more than 25 students. 
 
The mandate has been easing into effect over a six year period.  Initially, some schools could be slightly over the caps and others slightly under so long as the district averages complied with the constitution.  At present, the class limits apply on a school average, allowing one teacher to have 19 second graders in her class and another, 17 students so long as the school complies overall. 
 
Florida taxpayers have paid $13 billion since 2003 to reduce class sizes state-wide.  About $10 billion has gone to hire and pay for more teachers, the rest to pay for new classrooms.  The annual recurring cost of class size compliance exceeds $2 billion.
 
Beginning in 2010, any averaging between classes is eliminated and “hard caps” are enforced in every core curriculum class every day in every public school in the state.  The Department of Education has estimated that the per-class inflexible limits coming next year will add another $1 billion in recurring costs to an existing $2 billion annual price tag.  
 
“Our proposal does not repeal the class size amendment,” Gaetz explained.  “The impact of our bill is to continue current small class sizes and maintain the school average.  This will allow educators and parents at the local level to have some flexibility in managing the reality of students coming and going during the year and the need to match students’ learning needs with teachers’ strengths.”
 
“In some cases the best educational decision is to have 26 or 27 students in one high school class and 22 or 23 in another,” said Gaetz, a former Okaloosa County Superintendent of Schools.  “Class sizes should have something to do with the course being taught, the teacher and her instructional approach and the students and their needs.  Our bill allows that common sense flexibility and local control.”
 
 The other advantage of continuing to calculate class sizes at a school average is cost avoidance.  The Department of Education says inflexible per class limits will add another $1 billion in ongoing costs to a mandate that is already costing at least $2 billion a year.  Wise, who chairs the Senate’s Education Appropriations Committee, and Gaetz are concerned that could further strain school budgets.
 
Parents, school board members, superintendents and teachers have asked the two senators to find some way to provide class size flexibility without repealing the underlying law.  Even the state’s teachers union, which pushed through the constitutional change in 2002, acknowledges that the inflexibility of the per class cap will create serious practical problems as well as drain more money out of school budgets at a time when school districts and the state are facing historic revenue shortfalls.
 
Another ironic factor is that student enrollment in the state is actually declining.   There are 40,000 fewer students in Florida public schools than two years ago.  That sets up the specter of districts hiring more core curriculum teachers for fewer students while cutting Advanced Placement courses and electives and laying off faculty who teach career education courses, art, music, drama, debate, and athletics as well as school librarians, counselors, and nurses.
 
Wise and Gaetz don’t want that to happen.
 
“Our proposal does not repeal class size limits.  All the reductions in class size that have been made since 2002 are safeguarded and continued if this bill is passed,” Gaetz said.  “But if we do nothing, school districts already facing budget problems will be squeezed still further, educators will be stuck with an inflexible and unrealistic mandate and there will be no allowances for the individual needs of students.”
 
“Our joint resolution gives the people of Florida the opportunity to decide on a common sense solution,” he explained.      
  
For more information about this or any other issue, please contact Senator Don Gaetz, by e-mail, by letter, 217 Miracle Strip Parkway, SE, Ft. Walton Beach, FL 32548 or call 1-866-450-4DON toll free from anywhere in Florida.