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TALLAHASSEE WEEKLY REPORT April 2-6, 2012 Florida Supreme Court

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TALLAHASSEE WEEKLY REPORT April 2-6, 2012 Florida Supreme Court TALLAHASSEE WEEKLY REPORT April 2-6, 2012 Florida Supreme Court The Florida Supreme Court announced this week that Justice Ricky Polston was unanimously selected to serve as the Court’s next Chief Judge. Polston, who will replace current Chief Justice Charles Canady, will begin his two-year term on July 1. Justice Polston, appointed to the Court by former Governor Crist, was one of two dissenting votes, along with Justice Canady, when the Court voted to reject the Senate’s redistricting plan. Justice Polston served on the First District Court of Appeal, from 2001-2008, until his appointment to the Supreme Court by Governor Crist. He is a 1986 graduate of the Florida State University School of Law. Deep Dredge Governor Scott received SB 1998 this week, the transportation bill that includes language that would expedite the administrative review process for the port’s deep dredge project. The Governor has until April 21 to act on the bill. The Sierra Club has asked the Governor to veto the bill. The Biscayne Bay Waterkeeper and Tropical Audubon Society also oppose the dredge language, stating that dredging and blasting of the bay would destroy coral reefs and sea grass, as well as marine life, such as manatees. The dredge language was also included in HB 599. Bill Action The Governor signed the following bills of interest to Miami-Dade County into law this week: HB 37, Knowingly and Willfully Giving False Information to a Law Enforcement Officer, Rep. Diaz – this bill was filed on the heels of the Casey Anthony case, and creates “Caylee’s Law”. This issue was included in the county’s legislative agenda, as a result of a resolution sponsored by Commissioner Diaz. HB 521, State Preemption of the Regulation of Hoisting Equipment, Rep. Artiles – this bill preempts the regulation of cranes and other hoisting equipment to the state. HB 711, Sale of Lease of a County, District of Municipal Hospital, Rep. Hooper – this bill requires every governing board or hospital district to evaluate the benefits of selling or leasing hospitals to not-for-profit companies. HB 7049, Human Trafficking, House Judiciary Committee – this bill includes increased penalties for human trafficking, and appeared as a “Critical Priority” on the county’s legislative agenda as a result of a resolution sponsored by Commissioner Diaz. The Governor was sent the following bills for his signature or veto. He has until April 21 to act: HB 5001, Appropriations – this is the FY 2012-2013 state budget. The Governor has the power to veto specific line-items in the budget. The Governor was also sent the budget implementing and conforming bills. Stand Your Ground Senator Chris Smith, incoming Democratic Leader in the Senate, announced this week he would be forming his own panel to review the state’s “Stand Your Ground Law” in the wake of the shooting death of Trayvon Martin in Sanford, Florida. Senator Smith says that action is needed immediately, and cannot wait until the Governor’s previously announced task force begins its work. The Governor has stated he would like his task force to begin its work after the investigation into the shooting has been completed. The Senator’s panel will include South Florida prosecutors, public defenders, and legal scholars. Representative Perry Thurston, the incoming House Democratic Leader, and former state Senator and Representative Dan Gelber are two of the members of Senator Smith’s group. Political Representative Ron Saunders, the House Minority Leader and a member of the Miami-Dade Legislative Delegation, officially filed this week to run for the state Senate. Based on the new maps, Representative Saunders will be running in the area currently represented by Senator Larcenia Bullard, who is term-limited. The district includes all of Monroe County, part of Southwest Miami-Dade, all of Hendry County, and the eastern portion of Collier County. Representative Dwight Bullard, the Senator’s son, and former Representative James Bush have already filed for this seat as well. Representative Mike Weinstein, from the Northeast Florida area in Duval and Nassau Counties, has filed to run for the state Senate, in the district being vacated by term-limited Senator Stephen Wise. Former Representative Aaron Bean is also filed to run in this seat, and has been campaigning for nearly three years with the support of several current Senators. Representative Weinstein chose to run for the Senate over facing a primary with fellow Representative Charles McBurney, as the two were drawn into the same district in the new House map. Representative Joe Abruzzo will run for the state Senate, in a seat similar to that being vacated by term-limited Senator Nan Rich. It includes portions of Broward and Palm Beach County. Term-limited Senator Mike Fasano announced he will be running for the Florida House, in the seat being vacated by term-limited Representative John Legg, the Speaker Pro-Tem. Senator Fasano began his legislative career in the Florida House in 1994, and was subsequently elected to the Senate in 2002. Representative Legg is running for Fasano’s vacated Senate seat. Aside from Senator Fasano, several former legislators have filed to run for seats in the legislature, including: o Former Senate Majority Leader Alex Diaz de la Portilla, who has filed to run for the state Senate seat currently held by Senator Gwen Margolis. It is possible that this seat may eventually become a majority-Hispanic seat. o Former Representative and current School Board Member Renier Diaz de la Portilla has filed to run for newly drawn House District 103. He is being challenged by educator Manny Diaz, Jr., who has received endorsements from Attorney General Pam Bondi, Senator Rene Garcia, and Representatives Eddy Gonzalez, Jose Oliva, and Jeanette Nunez. o Former Representative Randy Johnson, termed out in 2006, is running for a seat in Polk County. Representative Johnson served eight years in the House, representing Orange County, and ran for CFO in 2006, where he was beaten by then-Senate President Tom Lee in the Republican primary. o Former Representative Carl Domino, termed out in 2010, is running to regain a Palm Beach County House seat that bares resemblance to the one he used to represent. o Former Representative Michael Grant, who gave up his House seat after two terms to run for the state Senate, is running in a district resembling his old House seat. Grant was defeated by current Senator Nancy Detert. o Former Representative and Senator Nancy Argenziano is running to regain a seat near her old district in Citrus County. Argenziano, who resigned from the Senate after being named to the Public Service Commission, will be running as an Independent after leaving the Republican Party. She will challenge incumbent Representative Jimmy Smith. TALLAHASSEE WEEKLY REPORT April 9-13, 2012 HB 5301 Lawsuit The Florida Association of Counties (FAC) announced this week it will file a lawsuit in Leon County in the coming weeks challenging HB 5301, the Medicaid billing legislation passed by the Legislature this past session and signed into law by the Governor. It is probable that part of the argument will center on provisions in the state Constitution limiting unfunded mandates and reductions in state revenue sharing. The provisions of HB 5301 stipulate that the state can garnish a portion of state revenue sharing for counties based on the amount of Medicaid bills the counties owe the state for nursing homes and long-term hospitals. Despite the counties’ claims that many of the payments are disputed, proponents of the bill say that most of the payments are legitimately owed and the bill gives the counties the option of paying their share of 85 percent of the backlog, or challenging the payments in an administrative hearing. Seminole, Pasco, Polk, Manatee and Leon counties have signed on to the lawsuit, with other counties surely to follow. A majority of the state’s 67 counties had either signed letters or passed resolutions asking Governor Scott to veto the bill. State forecasters estimate the bill will result in nearly $78 million in lost revenue during the first year of collections. The Agency for Health Care Administration (AHCA) says the currently total backlog of unpaid bills sits at nearly $326 million, a number that may be reduced once the amounts are certified by auditors. Governor Scott has pledged to the counties that AHCA will meet with county officials before these numbers are certified. Bill Action The Governor was presented with 54 bills on Friday. He has until April 28 to act on this new list. Below, please find those bills on the list of interest to Miami-Dade County: SB 226, Disabled Parking Permits, Sen. Margolis – This bill has appeared in the county’s legislative agenda for several years. The goal of the bill is to curb abuses that exist with regards to disabled parking. HB 291, Youth Athletes, Rep. Renuart – This bill appears in the county’s legislative agenda via a resolution sponsored by Chairman Martinez, and will require coaches to immediately remove student-athletes from a game following a head injury. HB 885, Transactions by Secondhand Dealers and Secondary Metals Recyclers – This bill appears in the county’s legislative agenda as a “Critical Priority” via a resolution sponsored by Commissioner Edmonson. The bill increases penalties for secondary metals recyclers, and preempts local ordinances while providing an extension through July 1, 2013 for Miami-Dade County to amend its ordinance. For a complete list of the bills, please feel free to contact our office. Commissioner Adam Putnam Adam Putnam, the state’s Commissioner of Agriculture and Consumer Services, will be appearing today a the Miami-Dade County Agriculture and Cattle Show.
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