10 Issues To Watch During The 2014 Florida Legislative Session
March 1, 2014
Florida lawmakers will start the 2014 session Tuesday with a budget surplus and an eye on the November elections. But they still will have to address some tough questions before the session ends May 2. Among the questions: How can Florida better protect vulnerable children? Is it time to overhaul the state pension system? And should the state allow resort casinos to set up shop? Here are 10 issues to watch during the next two months:
BRIGHTER BUDGET: Tallahassee is always a happier place when the state has a budget surplus. And lawmakers will go into the session with a roughly $1 billion cushion. Gov. Rick Scott proposed a $74.2 billion budget plan that includes tax cuts and increased spending on education and child welfare. Lawmakers don’t have to follow Scott’s recommendations, but cutting taxes and spending money on kids could be popular ideas in an election year.
CHILD PROTECTION: The state has faced scrutiny during the past year because of highly publicized incidents of children dying of abuse and neglect. Also, it has been stung by reports of sexual predators being free to commit new crimes. While the details of the issues are different, both come back to the state Department of Children and Families. Lawmakers will try to take steps during the session to improve child protection, while also cracking down on sexually violent predators.
NO SAFE BETS IN GAMBLING ISSUE: The Senate has spent months gathering information about whether to revamp gambling laws, including whether to allow high-end resort casinos in South Florida. But as the session starts, it is unclear whether lawmakers and Gov. Rick Scott will agree on a plan. House Speaker Will Weatherford, R-Wesley Chapel, is calling for gambling expansions to go before voters. Meanwhile, House and Senate leaders want to know how Scott will handle a critical gambling deal that runs out in 2015 with the Seminole Tribe of Florida.
GUN BILLS HAVE GOOD SHOT: When National Rifle Association lobbyist Marion Hammer speaks, Republican lawmakers listen. And Hammer looks like she will be successful again this session with proposals such as a bill that would make clear people can fire warning shots in self defense. Democrats, meanwhile, want to repeal or substantially change the controversial “stand your ground” law, but the chances of that happening in the Republican-controlled Legislature are slim — or maybe none.
HEALTH CARE FIGHTS: The 2013 legislative session was filled with debate about whether Florida should expand Medicaid under the federal Affordable Care Act. While Democrats will try to resurrect the issue this year, a Medicaid expansion is all but dead. But the health-care world could see a couple of major lobbying fights, including a hospital-industry battle about state approvals of new trauma centers. Also, a debate has been raging about a House proposal to allow nurse practitioners to provide care without the supervision of physicians.
RETIREMENT REVAMP: House Speaker Will Weatherford, R-Wesley Chapel, has made a top priority of trying to move the state away from a traditional pension system for future government workers. A group of Republican senators banded together with Democrats last year to kill a proposed shift into 401(k)-style plans. But Weatherford and his allies are back this year with other alternatives. This could become one of the most-intriguing political issues of the session.
SCHOOL CHOICE: This year’s legislative session, like all others, will include myriad bills and budget issues that affect the public-education system. But one issue that could become controversial is a proposal to expand a voucher-like program that helps pay for low-income students to go to private schools. House Speaker Will Weatherford, R-Wesley Chapel, has promised a “massive expansion” of what is known as the Florida Tax Credit Scholarship Program. But groups such as the Florida Education Association teachers union have long opposed voucher-like ideas.
TAX CUTS ON TAP: As Republicans have dominated Florida politics since the late 1990s, one of their go-to issues has been cutting taxes. Gov. Rick Scott hopes to tap into that as he runs for re-election this year. Scott is pitching $500 million in tax and fee cuts, including the rollback of a vehicle-registration fee increase approved in 2009. Senate President Don Gaetz, R-Niceville, and House Speaker Will Weatherford, R-Wesley Chapel, have already committed to making $500 million in cuts, though details remain to be worked out.
TUITION TARGETED: Taking a cue from Gov. Rick Scott, lawmakers appear poised to take steps to hold down tuition in state colleges and universities. Among other things, legislative leaders have expressed support for changing a law that allows universities to raise tuition as much as 15 percent a year. Also, they say they want to make the Florida Prepaid College Program more affordable. Questions remain, however, about whether lawmakers will approve extending in-state tuition rates to undocumented immigrants.
WATER WORRIES: Senate Appropriations Chairman Joe Negron, R-Stuart, is one of the most-powerful people in the Legislature. He also happens to live in part of Southeast Florida where residents are riled about pollution being discharged from Lake Okeechobee into nearby waterways. Negron is leading efforts to get money for a collection of projects aimed at addressing the pollution issue. Meanwhile, lawmakers also are looking at a series of other water-related issues, such as trying to better protect the state’s natural springs.
by The News Service of Florida
Simmons Appointed To Pensacola State Board
March 1, 2014
Friday, Governor Rick Scott announced the appointment of Chip Simmons to the Pensacola State College District Board of Trustees.
Simmons, 49, of Cantonment, is the chief of police for the City of Pensacola. He currently serves as a member of the Florida Police Chief’s Association and the FBI National Academy Associates. Simmons received his bachelor’s and master’s degree from Troy State University. He succeeds Deidre Young and is appointed for a term beginning February 28, 2014, and ending May 31, 2014.
The appointment is subject to confirmation by the Florida Senate.
Fire Damages South Escambia County Apartment Complex
March 1, 2014
At least one resident was left temporarily homeless after an early morning fire at the Sandstone Apartments on Old Corry Field Road. There were no serious injuries reported, but one person was evaluated at the scene for smoke inhalation. The cause of the fire is under investigation by the Florida State Fire Marshal’s Office. Reader submitted photo by Max Karimi for NorthEscambia.com, click to enlarge.
I-10 Lane Closures Planned
March 1, 2014
Lane closures are planned for I-1o in the area of Scenic Highway for both Monday and Tuesday nights.
MONDAY
The westbound left lane of Interstate 10 will be closed beneath the Scenic Highway (U.S. 90) overpass Monday, March 3, from 7 p.m. to 8 p.m. as crews perform pavement testing. Law enforcement will be on site to assist with traffic control.
All planned activities are weather dependent and may be rescheduled in the event of inclement weather.
TUESDAY
The westbound outside lane of Interstate 10 (I-10), west of the U.S. 90 (Scenic Highway) overpass will encounter intermittent lane closures Tuesday, March 4. Crews will be installing a Closed Circuit Television (CCTV) pole east of the I-10/U.S. 90 (Scenic Highway) interchange.
Lane restrictions will be in effect from 11 p.m. to 1 a.m. The westbound I-10 exit ramp to Scenic Highway will also be temporarily closed during the work. Drivers will utilize Davis Highway (State Road 291/ mile marker 13) north to U.S. 90 as an alternate route.
Photos: Ernest Ward Holds Womanless Beauty Pageant
March 1, 2014
Chase Gifford was named Junior Mr. Miss Ernest Ward Middle School in a womanless beauty pageant Friday night. First runner-up was Levi Wagner, second runner-up was Health Sheldt and third runner-up was Aaron Dees. Wagner also received the audience vote People’s Choice Award.
For a photo gallery, click here.
Proceeds from the just-for-fun event, sponsored by the school’s cheerleaders, will be used to replace badly worn carpeting on steps leading to the school’s stage.
Pictured top: Junior Mr. Miss Ernest Ward Middle School Chase Gifford. Pictured inset: Levi Wagner, first runner-up and People’s Choice award winner won a tube of toothpaste as the Best Smile Award. Pictured below: Second runner up Heath Sheldt. NorthEscambia.com photos, click to enlarge.
Wreck Claims Life Of Alabama Man
March 1, 2014
A Frisco City, Ala., man died in a single vehicle accident in Atmore Friday morning.
The victim was identified as 20-year old Ethan David Warden. He was southbound on Highway 21 when his pickup truck clipped a guard rail approaching the Sizemore Creek Bridge, ran off the roadway, became airborne and rolled into a ravine.
Warden was transported to Atmore Community Hospital and was later pronounced deceased.
The accident remains under investigation by Alabama State Troopers.
Woman Sentenced For Using Deceased Mother’s Credit Card, Checks
February 28, 2014
A Molino woman has been sentenced for using her deceased mother’s credit card and writing checks on her account.
On October 11, 2013, Rhonda Renee Fillingim, 42, was arrested for writing a $20 check on the account of her deceased mother Linda Albritton to Molino Park Elementary School during a fall carnival. During the busy carnival, the principal did not notice the check belonged to Albritton, not Fillingim. The check was later returned by the bank because it was written on a closed account.
For the Molino Park check, Fillingim was charged with felony passing a forged instrument. She was charged for allegedly signing her deceased mother’s name and issuing two checks totaling $47.34 to Hendrix Lawn and Cycle in Molino.
Fillingim was also charged with 64 felony counts of fraudulent use of a credit card and one count of felony grand theft for using her mother’s credit card.
Her brother, Orbin Albritton, reported to the Escambia County Sheriff’s Office in August that Fillingim had used their deceased mother Linda Albritton’s Sears Mastercard to make no less than $6,500 worth of unauthorized purchases over a two week period that begin one day after their mother died on December 31, 2012. Credit card statements showed 64 transactions during the period totaling $8,960.32, according to an arrest report.
She pleaded no contest to one count of fraudulent use of a credit card, one count of grand theft, two counts of uttering a forged instrument and one count of petit theft. The dozens of remaining charges were dropped.
Fillingim was sentenced to 24 months probation and 240 hours of community service. The court, which withheld adjudication in the case, also withheld the right to determine what restitution might be owed in the case.
Atmore Mourns Loss Of Police Officer Dean Lindberg
February 28, 2014
Atmore is mourning the loss of Office Dean Lindberg. He was 54.
Lindberg suffered a stroke early Sunday morning, February 23, and never regained consciousness before passing away on Tuesday, February 25 at the USA Medical Center in Mobile.
Visitation for Atmore Police Office Dean Lindberg will be held Saturday, March 1 from 9:30 until service time at 11:00 at Johnson Quimby Funeral Home at 1322 South Main Street in Atmore. Burial will follow with full military honors at the Ray’s Chapel Baptist Church at 170 West Bogia Road in McDavid.
A retired Army Ranger, Officer Lindberg has been employed with Atmore Police Department as a full-time Law Enforcement Officer since March of 2011. He had previously worked as a law enforcement officer for the Kent, WA, Police Department and the Whiting Field Naval Air Station.
He is survived by his wife of 14 years, Mary Ann Lindberg, two sons, Terry (Kate) Lindberg and Adam Lindberg both of Kent, WA, a daughter, HunterRose Lindberg, and a host of other relatives and friends. He attended the Grace Valley Baptist Church in Cantonment.
For his complete obituary, click here.
Man Faces 330 Years After Child Sex Abuse Conviction
February 28, 2014
A Santa Rosa County man is facing a sentence of over 300 years after being convicted on child sex abuse charges.
A jury found Donzell Kevin Nuckles of Pace guilty of 10 counts of sexual battery upon a child by a person in familial or custodial authority and two counts of lewd or lascivious molestation for crimes he committed against three young girls while he and his family lived in Pace.
Between February 2011 and October 2012, Nuckles committed various sexual offenses against three victims, ages 12 to 17 at the time the crimes were committed. The abuse was reported to the Santa Rosa County Sheriff’s office in November 2012 and was investigated by Dectective Larry Tynes.
All three victims testified during the trial about the abuse they suffered. As a result of the sexual abuse, one of the girls became pregnant and gave birth to the defendant’s child. DNA evidence introduced at trial confirmed that Nuckles was the father of that child.
After his conviction, Nuckles was immediately remanded to the Santa Rosa County Jail by Circuit Judge John L. Miller. Nuckles will remain in jail without bond until his sentencing on April 15. The 40-year old old Nuckles faces a maximum sentence of 330 years in prison.
Lawmakers Now Ready To Push ‘No Fault’ Off Florida Roads
February 28, 2014
There is little chance Florida lawmakers will abandon the “no-fault” auto insurance system during the upcoming legislative session, giving more time to a 2012 reform effort backed by Gov. Rick Scott.
Senate Banking and Insurance Chairman David Simmons maintains that the four-decade-old Personal Injury Protection, or no-fault, system can’t be fixed and needs to be abandoned before courts possibly could strike down the 2012 law.
However, the Altamonte Springs Republican, who has led key Senate insurance issues, doesn’t plan during the legislative session that starts Tuesday to advance any measures that would replace no fault with a bodily-injury coverage requirement.
“You can be assured that if there is some catalyst, such as a court ruling or that the insurers are able to build a coalition to get some movement on getting rid of PIP, you can be assured that I’ll be the first one to file a bill,” Simmons said. “But I’m not going to do anything until there is a greater consensus among both the stakeholders and the legislators.”
While a challenge to the law is now before the Florida Supreme Court, the emergence of such a catalyst, Simmons said, could take a couple of years.
That should be good news for Scott and state Chief Financial Officer Jeff Atwater, who championed the 2012 reforms and have maintained their support for the changes aimed at reducing rampant fraud in the system that caused premium increases.
With some of the law’s changes only going into effect last year, quickly abandoning the reform effort could be seen as a failure of one of their policies.
Scott, in a statement from his office Thursday, noted that since the law went into effect, Florida drivers have seen their PIP premiums drop by an average of 13 percent.
“Two years ago, PIP premiums were expected to increase by an average of 29 percent in Florida — and we fought to keep the cost of living low for Florida families,” Scott said in the statement. “That’s why we worked to pass legislation to lower PIP rates by increasing licensing standards for medical clinics, establishing strong penalties for those who commit PIP fraud, and creating a statewide anti-fraud task force.”
Simmons said he’s talked with Scott and Atwater but doesn’t share their view on no-fault. Yet the senator also isn’t ready to go as far as some national insurers who he says are in favor of ending no-fault.
The move to bodily injury coverage wouldn’t require much change for the majority of Florida motorists. The state Office of Insurance Regulation has estimated that more than 70 percent of motorists already have some bodily injury coverage.
The impact would be on post-crash recoveries.
Under PIP, motorists can receive up to $10,000 to cover medical costs from crashes, regardless of who is at fault. But bodily injury coverage would send more people to court as injured parties would seek to recoup expenses from at-fault motorists.
Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, said many in the industry contend the 2012 law should be given time to take hold.
“You typically need a couple years of implementation to get credible data to weigh out the effect of the reforms,” Brown said. “It’s just human nature. On the day this bill was passed, folks were immediately asking ‘What happened? Where’s the change?’ But really it was ongoing into 2013 as the changes rolled on to consumers’ policies.”
He added that some insurance companies have held off on implementing the recommended reductions to no-fault premiums until the court battle is concluded.
The 2012 law, considered a last-ditch effort to maintain the no-fault system, set benchmarks for insurers to lower rates on personal-injury protection coverage. It required people involved in motor vehicle crashes to seek treatment within 14 days, allowing up to $10,000 in benefits for emergency medical conditions, while putting a $2,500 cap on non-emergency conditions.
A Leon County circuit judge ruled the law illegally prevents accident patients from using PIP coverage to pay for treatment by acupuncturists and massage therapists and limits the services from chiropractors.
But the 1st District Court of Appeal in October reversed the ruling, saying challengers needed a “factual” motorist who had been harmed by the law, rather than a hypothetical “Jane Doe” as listed in the lawsuit, for the case to proceed.
If the Supreme Court sides with the challengers, the fight will return to the lower courts. If the Supreme Court sides with the state, the challenge is expected to be reintroduced with new named plaintiffs.
Meanwhile, the expected rate savings also haven’t been as dramatic as first envisioned.
The reforms required insurers to submit rate filings to the Office of Insurance Regulation on October 1, 2012 and January 1, 2014. Cumulatively, the two rate filings were expected to reflect a drop in PIP rates of 25 percent or insurers must show why they could not meet that goal.
In January, the state office reported that of the top 20 insurers by market share in Florida, 14 lowered rates for the no-fault coverage, half reaching the 25 percent mark. However, a majority of firms raised overall rates.
As an example, Geico General Insurance Co., the state’s largest auto insurer, reported a 25 percent reduction in its PIP rates, which translated into only a 0.6 reduction in its overall auto-insurance rate.
“A system that is so fundamentally flawed will have to be changed,” Simmons said. “Every three years the Legislature has gone back and done PIP reform. You just look at PIP, it’s a patient that has bandages all over it from trying to be fixed, and it’s still as sick as can be.”
Simmons has been working on legislation to replace PIP since the end of the 2013 session, and a measure (HB 267) filed in the House by Rep. Carlos Trujillo, R-Miami, would repeal the “Florida Motor Vehicle No-Fault Law” and allow Floridians to carry only bodily injury coverage.
Trujillo’s measure, filed Nov. 5, has yet to be brought up for a committee vote.
by Jim Turner, The News Service of Florida