Video: Circuit Court Judge Rules In Favor Of Pensioners, State Plans To Appeal

Judge Jackie Fulford ruled in favor of several groups of people Tuesday, but the State and Governor Rick Scott weren't among them. The State lost this major round of an ongoing pension requirement battle with a verdict telling it to pay people their money back plus interest.

 

Video: Insurance Wrap-up

Mary Ellen Klas, Tia Mitchell and Tolu Olorunnipa of the Herald/Times Tallahassee Bureau explain how insurance issues -- including big ones for Floridians like no-fault and Citizens -- are turning out near the end of Session.

 

Lynn and Thrasher quibble over parent trigger bill

The hotly debated parent trigger bill will make it to the Senate Floor after all.

The controversial proposal, SB 1718, would allow parents to demand sweeping changes at low-performing public schools, including having the school converted into a charter school. The proposal has divided the Senate, and insiders predict any vote on the bill would be really, really close.

On Monday night, the Senate Rules Committee voted 3-3 to block the bill from being placed on the calendar.

But on Tuesday night, Republicans made sure a fourth vote (a previously preoccupied Budget Chairman JD Alexander) attended the Rules Committee meeting. What's more, Rules Chairman John Thrasher prevented members from voting on each bill separately.

The move outraged Republican Sen. Evelyn Lynn.

Lynn said she had received thousands of calls from constituents on the issue -- and aruged that she should be able to vote her conscience.

"The political maneuver was unnecessary," Lynn said. "I do not quite understand why that process was used."

Democratic Sen. Nan Rich, another opponent of the bill, was also incensed. "If something is that egregious to us that we would like to separate it out, we should be able to," she said.

Still, Thrasher denied the request, saying he had done everything possible to be "as open and transparent to everyone on the committee."

The committee voted 4-3 to hear the entire proposed agenda -- including the trigger bill -- on Thursday.

The meeting was more evidence that the Senate is in a state chaos. We'll see what happens on the Floor Thursday.

Scott and Haridopolos full of spite for Fulford's ruling

Gov. Rick Scott and Senate President Mike Haridopolos both couldn't understand how Fulford had arrived at her decision with Haridopolos repeating his claim that Fulford, who ruled against the state in the prison privatization decision, was responsible for judicial activism.

"I think its unfortunate, clearly after vigorous debate in both the House and Senate, signed by the governor this was a law that we passed that showed respect to workers across the state,'' Haridopolos told reporters. "The fact that so many people pay into their own private retirement accounts, we're moving it to this new type of system. As I expressed yesterday, I think this is an example of judicial activism, and this is why we are immediately going to appeal this decision.

"I'm hopeful that Sen. Alexander's evaluation of the subject is the correct one. Again, it just causes concern when a judge, over a year later, makes this type of decision. To add insult to injury, we expected this to happen before we close out the budget. Now that we have closed out the budget, we need to re-address this situation.

Miami-Dade Chair Joe Martinez signals commitment to mayor's race with November resignation letter

Miami-Dade Commission Chairman Joe Martinez filed a symbolic letter of resignation -- effective in November -- on Tuesday, signaling he is committed to challenging Mayor Carlos Gimenez.

Martinez submitted the letter resigning from his District 11 commission seat effective Nov. 20, the date his successor (and the new mayor) would take office. His resignation is not required, because Martinez's commission post is up for reelection this year.

"Although my term of office for Commissioner of District 11 ends on November 20, 2012 and thus no resignation is required, I am submitting this letter in an abundance of caution and to make sure the residents of District 11 and Miami-Dade County know that I will be seeking the Office of Mayor of Miami-Dade County in the upcoming election," Martinez wrote.

The letter, which underscores his commitment to the mayor's race, comes amid speculation that Martinez would drop out of the contest to stay in his commission seat or seek another office, such as the county property appraiser.

Martinez sent the letter to Harvey Ruvin, the clerk of the courts, and Penelope Townsley, the county supervisor of elections, with copies to Gov. Rick Scott, the secretary of state, county commissioners, the county attorney and Gimenez. Read the letter here.

--MARTHA BRANNIGAN AND PATRICIA MAZZEI

Diaz de la Portilla decries ‘bare knuckle politics’ during PIP debate

Senators John Thrasher, R- St. Augustine, Miguel Diaz de la Portilla, R-Coral Gables, Mike Fasano, R- New Port Richey, and Jack Latvala, R- Clearwater, huddle on the Senate floor during a tense debate on PIP reform on Tuesday. [Scott Keeler | Times]

There were somewhat familiar fireworks in the Senate Tuesday afternoon as leaders frantically tried to get their colleagues to reverse a decision on a component of personal injury protection, or PIP reform.

Senators initially voted 24-15 to approve an amendment filed by Sen. Miguel Diaz de la Portilla, R-Coral Gables, that authorized the continued use of attorney fee multipliers in PIP lawsuits. Immediately after that happened, Senate President Mike Haridopolos left the dais for several minutes and conferred with other leaders as onlookers scrambled to figure out what was happening.

Haridopolos and senators John Thrasher, Don Gaetz, Joe Negron, Garrett Richter, JD Alexander and David Simmons scurried to consult one another on the floor and then in a small meeting room known as “the bubble.” When the chamber was called back to order, Gaetz requested for a re-vote on Diaz de la Portilla’s amendment, saying senators didn’t fully understand what they were doing at the time.

Given a second chance to making a closing argument, Diaz de la Portilla said the “bully pulpit” had been used to “mysteriously reconsider the overwhelming vote by which my amendment was adopted.”

Scott blasts court ruling, promises 'swift appeal'

Gov. Rick Scott has issued the following statement on the pension ruling:

“As you would expect, I believe this decision is simply wrong. 

"The trial judge has ignored thirty years of Supreme Court precedent in a decision that refuses to allow Florida to have common-sense pension reform. This is another example of a court substituting its own policy preferences for those of the Legislature.  The Court’s decision nullifies the will of the people and leaves Florida as one of the only states in the country in which public employees contribute nothing towards their retirement, leaving working Floridians with100 percent of the tab. 

"The State plans to file a swift appeal to reverse this decision.  Nonetheless, the Court’s order should be stayed throughout the appellate process, which will avoid an immediate impact on the 2012-2013 budget."

UPDATED County commissioner slams Miami-Dade legislative delegation for Jackson cuts; delegation chairman says cuts could have been worse

From the Miami-Dade County Commission dais Tuesday, Commissioner Sally Heyman lambasted lawmakers for what she said will be painful cuts to the Jackson Health System.

"I am really concerned that our Dade delegation over the year has targeted Dade County instead of supported Dade County," said Heyman, a former Democratic state representative. The Medicaid cuts proposed in Tallahassee, she added, amount to a $30 million to $40 million hit to Jackson, which is already laying off more than 1,000 workers.

Heyman particularly criticized state Rep. Carlos Lopez-Cantera, the House Republican leader and delegation chairman, though she did not mention him by name.

"As majority leader and delegation chair, to allow this to go this far and keep hearing, 'In conference, we'll take care of it,' -- well, they haven't," Heyman said, imploring her colleagues and the public to call their legislators.

"Remind them of where they're coming back to," she said, "including some of them that are intending to run for county office when they finish this session" -- again alluding to the term-limited Lopez-Cantera, who is rumored to be thinking of running against county property appraiser Pedro Garcia.

Lopez-Cantera, for his part, characterized Heyman as misinformed. Under the budget deal legislative leaders put forth late Monday, Jackson would lose less than what Gov. Rick Scott had proposed before the annual lawmaking session, and less than the House and Senate proposed separately, he said.

And some of the cuts could be offset by a $15 million intergovernmental transfer of money to Jackson tucked in budget proviso language, and some additional research dollars for the health system, Lopez-Cantera added.

"I don't know where she got her information," Lopez-Cantera said. "I'm happy to talk with Commissioner Heyman anytime she wants to talk about the outcomes in the Legislature...Nobody from Jackson has called me to complain."

UPDATE: With the county commission meeting still going strong Tuesday evening, Heyman reiterated that the cut to Jackson will be between $30 million and $40 million and said the county and Jackson have been "boisterous" in their opposition. "The facts are right," she said.

Jackson CEO Carlos Migoya told commissioners he "applauded" Heyman's remarks Heyman for championing the health system. "We started off with a negative $250 million from the governor," Migoya said. "We're at $35 million right now. Are we happy? No."

He said Jackson's lobbyists are in daily and hourly contact with Miami-Dade lawmakers, including Lopez-Cantera. "I think they've done a great job, but it's still costing us $35 million," he said.

Later, Migoya told The Miami Herald: "I wanted everyone to know that the Dade delegation has been a champion for our behalf."

State prepared to spend $800,000 to defend itself in pension appeal

Florida legislators say they haven't decided if the state will appeal the pension ruling against them today by Judge Jackie Fulford but they're already ready to spend $800,000 in taxpayer money to do it.

Fulford ruled that the state unconstitutionally breached its contract with state employees when legislators cut salaries 3 percent last year in an effort to have employees pay into their pensions without renegotiating their contracts.

But after spending $500,000 to hire the Atlanta-based law firm of Alston and Bird last year, the Department of Management Services in December entered into a second contract to spend up to $300,000 on defense of the case.

The firm, which has ties to Gov. Rick Scott, exhausted the $500,000 retainer the state paid for the initial defense, said Kris Purcell, spokesman for the Department of Management Services. 

The contract says that the state "agrees to provide legal advice and representation to the agency for the duration of one appeal, and the fees to the agency will not exceed $300,000 even if the contractor spends time on the appeal that would result in charges over $300,000."

Lt. Gov. visits Senate during debate on PIP

Florida Lt. Governor Jennifer Carroll, right, leaves the Senate bubble with Senator Thad Altman, R- Viera, during PIP insurance debate on the floor of the Senate, Tuesday.  Carroll met privately with several Senators on the issue during the debate.     [Scott Keeler, Times]

Lt. Gov. Jennifer Carroll has made a rare appearance in the Senate chambers, one timed just as the upper chamber began debating reforms to the no-fault car insurance system.

Carroll has been pulling senators one-by-one into a small meeting room known as "the bubble," and reportedly is pressing them on aspects of the legislation favored or opposed by Gov. Rick Scott. The Senate is in the process of taking up nearly 30 amendments proposed for SB 1860 and could vote on a final version of the bill later today.

Scott is a fan of the House's version of personal injury protection, or PIP, reform. Unlike HB 119, the Senate's version allows chiropractors to perform follow-up treatments and doesn't have strict limits on attorney fees.

UPDATE: We're hearing that the senators Carroll pulled into "the bubble" were Sen. Nancy Detert, R-Venice, and Sen. Thad Altman, R-Viera. The governor's office says Carroll discussed the Space Florida program with Altman.