By Senator Don Gaetz
The Florida Legislature began its 113th session in the worst of times – a historically sour economy producing $3.8 billion less in revenues than the previous year, record joblessness, a deeply depressed housing market and a widespread belief that over-reaching government is disconnected from the hard realities faced by families and small businesses.
By the time the House and Senate adjourned, Florida had set a course very different from other large states. Unlike Illinois, Florida didn’t raise taxes and drive out jobs. Unlike California and New York, Florida didn’t ration health care and close hospitals and schools. Unlike the federal government, Florida didn’t spend money we don’t have.
Florida isn’t evading the hard choices that come with hard times. We’re not kicking the can down the road to the next generation or putting our faith in federal bailouts financed with deficit spending. Like almost every Florida family and small business, our state government is cinching in its belt and living within its means. I’m not satisfied with every decision we made, but here’s a partial list of actions we took this session:
• State spending cut by over $3 billion
• Not one penny of taxes or fees were increased
• Over $300 million in tax reductions benefited property owners and small businesses
• Medicaid, the biggest cost in the state budget, was reformed with a billion dollars in savings
• Highly effective teachers will be paid more, chronically ineffective teachers will lose tenure
• Florida state workers, like those in 49 other states, will contribute to their own retirement, ending a practice of taxpayers subsidizing 100 percent of public pensions
• Expanded educational benefits for children with disabilities
• Second Amendment rights protected against local government interference
• Public funds won’t be used for elective abortions
• Golden parachutes and phony bonuses prohibited for public employees
• “Smart Cap” prohibiting state taxing and spending from rising faster than family income
• 1,100 regulations on small businesses eliminated
Nearly 1,900 Senate bills were introduced. Only 245 bills passed, and that’s a good thing. Here’s an in-depth look at bills which I joined in sponsoring and which passed both the House and Senate:
Oil Spill Economic Recovery Act
(Senator Gaetz and others; introduced as SB 248, passed as SB 2156)
This major legislation is designed to help coastal Northwest Florida recover from the economic consequences of the Deepwater Horizon Oil Spill. The bill provides that three fourths of all fine and settlement monies paid by BP or other responsible parties coming to the State of Florida would be used to benefit Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin and Wakulla counties.
The legislation also provides a preference for Northwest Florida in the use of state economic development programs and tax incentives for the next three years. The bill calls for a multi-state cooperative agreement among Gulf states to monitor industry safety practices and influence federal policies regarding offshore oil and gas exploration and includes a $30 million appropriation to help expand and attract businesses, create jobs and diversify the region’s economy.
Public Officers Integrity Act
(Senator Gaetz and others; passed as SB 88)
This bill prohibits the unethical and wasteful practice of giving “golden parachutes” or huge severance packages to public employees, including judges and appointed officials. The legislation was inspired by dozens of excessive bonus schemes, wasteful benefit packages and hush money paid by local governments, community colleges, public hospitals, and school districts. The bill was strenuously opposed by the Florida League of Cities and Florida Association of Counties.
Stolen Valor Act
(Senator Gaetz and others; passed as SB 330)
Similar to the federal Stolen Valor Act, this bill makes it a violation of the Florida Election Code for candidates running for office to falsely claim they have served in the military. The bill was introduced by Senator Gaetz at the request of the American Legion Post in Parker, Florida, and other veterans organizations..
Internet Protection Act
(Senator Gaetz; passed as SB 1884)
This bill prohibits persons who buy on the internet from having their personal information sold to third parties. The legislation stops internet merchants from selling or providing customers’ account information or personal contact information to anyone else without the customer’s expressed consent. The legislation is essential in the fight against consumer fraud carried out by third parties who buy confidential information from internet vendors.
Medicaid Reform
(Senator Negron, Senator Gaetz and others; passed as HB 7107)
Medicaid is a health care welfare program paid for by the taxpayers and provided to persons who are medically indigent. Medicaid costs have skyrocketed to now consume $22 billion, nearly a third of the state’s budget, and have crowded out other budget priorities like K-12 education, Bright Futures scholarships and public safety.
This legislation brings budget predictability, quality control and improved access to the Medicaid program with savings of $1 billion in 2012. Persons on Medicaid are no longer permitted to use hospital emergency rooms for non-emergency care (which drives up costs for insured patients). Medicaid patients are linked with a primary care physician and are required to accept some personal responsibility for their health care decisions and health care costs.
Managed care organizations are required to guarantee savings to the state and broad consumer protections are built into Medicaid managed care contracts, including stiff penalties for managed care groups leaving a market area or failing to provide adequate care and services.
Under this legislation, persons can use their Medicaid benefits to purchase health care insurance in the private market, thereby expanding consumer choice and controlling costs. The Florida Medicaid Reform Act calls on the federal government to give our state more flexibility and control over our own health care programs.
More Educational Choices for Disabled Children
(Senator Wise, Senator Gaetz and others; passed as HB 1329)
The McKay Scholarship Program is expanded by this legislation. The bill allows more children with disabilities to use their educational funding to attend a school meeting their special needs.
Elimination of Government Agencies,
More Jobs in the Private Sector
(The Joint Appropriations Conference Committee and Senator Gaetz; passed as SB 2156 and HB 143)
As Chairman of the Senate Appropriations Committee with jurisdiction over transportation, tourism, trade and economic development, Senator Gaetz championed legislation to eliminate the Florida Department of Community Affairs, eliminate the Agency for Workforce Innovation, and eliminate the Office of Tourism, Trade and Economic Development.
This bill achieves $8.6 million in recurring savings by eliminating job-killing functions of the Department of Community Affairs and overlapping unnecessary functions of other state government agencies. The legislation turns over more authority and responsibility for planning to local governments and simplifies permitting for businesses and individuals.
A streamlined Department of Economic Opportunity will be a one-stop for businesses and local EDCs seeking state support for job creation activities. The current protracted and complicated approval process is vastly simplified with the Governor given more latitude to approve projects and attract new businesses.
Under this legislation, the state is doing more to encourage private sector job creation. To promote tourism, VISIT FLORIDA funding is increased from $26,647,961 to $34,899,209. The Quick Action Closing Fund, used to close deals to bring higher paying jobs to Florida, is increased from $16 million to $42 million. Commercialization of public research – or bringing university-level research to market with products that can be made in Florida – is funded at $10 million, up from $2 million. Funding in the amount of $5 million is provided to promote our state’s military bases and the hundreds of thousands of jobs linked to the bases. The state’s ports will be improved with a $117 million appropriation, including widening the Port of Miami to accept larger ships following the expansion of the Panama Canal. Overall, the economic development, trade, tourism and transportation budget is increased from $6.1 billion to $6.7 billion.
Class Size Flexibility
(Senator Simmons, Senator Gaetz and others; introduced as SB 1466, passed as SB 2120)
This legislation gives school districts limited flexibility in implementing the class size mandate in the Constitution. The bill reduces the number of core courses subject to an inflexible cap on enrollment, recognizes social studies as a core course and allows slightly more students in pre-K classrooms. The legislation was developed in cooperation with school boards, school administrators, parent groups, and teachers.
Support for Military and Veterans
(Senator Simmons, Senator Hays, Senator Gaetz and others; passed as HB 1141, HB 95, and HB 227)
Florida-based military members deployed in war zones don’t have to pay property taxes during the months they are deployed. Families of members of the military killed in action and families of law enforcement and firefighters who died in the line of duty are given free lifetime entrance passes to Florida parks. Uniformed military and overseas voters are permitted to use a federal write-in ballot to ensure that all military votes are counted in all elections.
Student Success Act
(Senator Wise, Senator Gaetz and others; passed as SB 736)
This bill revises the evaluation, compensation and employment practices for classroom teachers and school administrators to provide higher compensation to those educators who are effective and highly effective. The legislation rewards teachers who help students make learning gains. The legislation does not favor teachers of proficient students over teachers who accept the challenge of teaching struggling students or children in poorer schools. A three year design schedule is included in the legislation to ensure that classroom teachers, non-FCAT course teachers, parents and others are involved in implementing this law.
Constitutional Amendments
The only way the state constitution can be amended is if 60 percent of the voters agree. Constitutional amendments may be proposed either by petition or by a super majority vote of the Legislature, but in either case, voters at the next general election must approve any changes.
This session, I joined in sponsoring four proposed constitutional amendments which will be on the November, 2012, general election ballot:
Cap on Taxing and Spending
(Senator Bogdanoff, Senator Gaetz and others; passed as SJR 958)
Called “Smart Cap,” this proposal would limit revenues collected by state government to only the amount collected the previous year, plus an annual adjustment based on a combination of population growth and inflation. This provision would stop legislators from using inflated revenues in good times to expand government and spend more.
Health Care Freedom
(President Haridopolos, Senator Gaetz and others; passed as HJR 1)
This provision protects Florida citizens from the “Obama-Care” federal mandate to purchase health coverage dictated by the federal government.
Cap on Non-Homestead Property Taxes,
Elimination of “Recapture Rule”
(Senator Fasano, Senator Gaetz and others; passed as HJR 381)
This proposal would prohibit local governments from increasing property taxes by more than 5 percent per year on non-homestead property. Current law limits non-homestead tax increases to 10 percent per year.
The constitutional provision also allows the Legislature to prohibit increases in the assessed value of homestead and non-homestead property if the just value of the property decreases. This would in effect repeal the controversial “recapture rule.”
Disabled Veterans Property Tax Discount
(Senator Bennett, Senator Gaetz and others; passed as SJR 592)
SJR 592 would grant partially or totally disabled veterans an enhanced property tax exemption on their homesteads.
Special Budget Provision/Septic Tanks
In December of last year, Senator Gaetz successfully passed legislation, which placed a moratorium on the unpopular septic tank mandate objected by so many Florida property owners. During the regular session of the Legislature, Senator Evers, with Senator Gaetz’s support, then sponsored SB 168, which would have permanently repealed the mandate. Unfortunately, Senator Evers was unable to pass his bill. Therefore, Senator Gaetz placed in SB 2002, the state budget, a provision which prohibits the Department of Health from implementing the mandate – in other words, the moratorium continues.
Bills that Didn’t Pass, but Should Have
SB 2040 Amendment (Senator Thrasher and Senator Gaetz) This amendment would have required E-verify for all public and private employers in the state. The amendment failed 16 to 23 in a floor vote in the Senate.
SB 2088 (Senator Thrasher and Senator Gaetz) This bill would have strengthened ethics laws governing public officials – requiring disclosure of every financial interest a legislator might vote on and prohibiting legislators from voting on matter bringing personal gain to themselves, their families and business associates.
SB 94 (Senator Gaetz and others) would have required public disclosure of the origin and use of blood and blood products. The bill also would have disclosed financial arrangements between blood bank board members and executives and the blood bank organization, itself.
SB 720 (Senator Gaetz) would have expanded cancer research and clinical trials for cancer cure in Florida.
SB 138 (Senator Bennett and Senator Gaetz) would have established alternative methods of adjudicating cases involving combat veterans with mental illnesses or brain injuries. This was named in honor of Okaloosa Judge and retired General Patt Maney, who championed the legislation.
SJR 4 (President Haridopolos, Senator Gaetz and others) would have added Florida to the list of states calling for a one-topic constitutional convention to require Congress to balance the federal budget. If other topics would have been introduced, then Florida’s approval of a constitutional convention would have been withdrawn.
To Learn More….
If you would like to seek more information on any of the bills mentioned in this newsletter, the sponsorship and voting record of Senator Gaetz or any other senator or representative or to research any Florida Statute or constitutional provision, you may wish to visit one of the following websites:
• http://www.flsenate.gov/
• http://www.myfloridahouse.gov/
• http://www.leg.state.fl.us/
To Stay in Touch….
To contact Don about any issue or concern just e-mail him at gaetz.don.web@flsenate.gov, send a snail mail letter to our Senate district office at 4300 Legendary Drive, Suite 230, Destin, FL 32541or call 1-866-450-4DON toll free from anywhere in Florida. Follow Don on facebook at www.facebook.com/don.gaetz or YouTube at http://www.youtube.com/dongaetz.
If you would like to stay in touch with up-to-the-minute reports on state issues affecting Northwest Florida, go to http://www.senatordongaetzreports.com/ to sign-up for "One Minute Reports" by video from the Senate floor, my newsletters and press releases.
A Personal Note…
It is a high honor and great personal privilege to speak for Northwest Florida in the Senate. Your concerns, criticisms, suggestions and guidance help me be a better senator. Vicky and I are deeply grateful for your trust and your many kindnesses.
Respectfully,
Senator Don Gaetz
