Gun rights concerns create new hurdle for medmal bill

A Senate priority bill to limit the liability of Florida doctors ran into trouble in the House on Monday when opponents suggested that it could be used by insurance companies who represent the doctors to create a private registry of gun owners. 

The bill, HB 827, would deal with what are known as “ex parte communications” in malpractice cases and would allow lawyers for doctors hit with a malpractice claim to interview any other doctor about a patient’s health record in private.

Rep. James Grant, R-Tampa, believes that the provision could open the door to lawyers asking doctors about the gun-toting habits of their patients and, over time, use that information to build a database of gun owners who could be charged higher insurance rates.

Grant filed an amendment Monday to prohibit doctors from revealing any information about a patient’s gun ownership, as well as any history of child abuse, sexual abuse, substance abuse, mental health and reproductive history unless the patient’s lawyer is present.

It was enough to threaten the provisions of the bill so House leaders postponed the high profile debate.

“Given some of the concerns with physicians keeping records of firearms, I don’t think they should be in the hands of an insurance company without a lawyer or claimant being present,’’ Grant said.

He suggested that absent his amendment, insurance companies will attempt to plumb the doctors’ interviews with patients to capture information and raise premium rates for people and businesses who carry guns. 

“If insurance truly is the calculation of risk against profit-- meaning all of these risk factor make it more or less likely that a claim is going to happen -- is it more likely that bodily injury could happen in a house that has guns? Absolutely,’’ he said.

But supporters of the bill said the last-minute claims had nothing to do with medical malpractice and were a last-ditch effort to scuttle the bill. The Senate has already passed the provision as part of a broader bill, SB 1792, that would also place additional restrictions on expert witnesses in lawsuits.

“The intent of the sponsors of those amendments was to bounce the bill then turmoil generally ensues,’’ said Rep. Matt Gaetz, R-Shalimar, the House sponsor.

The Senate plan is a top priority of his father, Senate President Don Gaetz, R-Niceville, but it is vigorously opposed by the Florida Justice Association, whose lobbying team includes Grant’s father, former state senator John Grant.

“Matt Gaetz and I are going toe-to-toe,’’ said Grant, the son. “His dad’s number two priority is this bill and my dad lobbies for the FJA so I’m sure people will talk about it.”

Both Grant and Gaetz deny they are working on behalf of their fathers.

Grant said that he and his dad “don’t discuss bills that he lobbies….We keep a very bright line in between it.” 

Gaetz  said he has filed bills to limit doctor’s liability on medical malpractice for years. “My dad and I have both fought for medical malpractice litigation reform during our tenure in the legislature,’’ he said.

Sen. Tom Lee, R-Brandon, the chairman of the Senate Judiciary Committee who is pursuing the bill said he considers the last-minute attempt to use gun-owners to sabotage the bill a dirty trick.

“I much prefer to get stabbed in the chest than in the back,’’ he said. “Nobody wants to have their finger prints on things.”

He said he will propose an amendment to appease the concerns of the National Rifle Association that gun owners are being charged higher rates by insurance companies.

“We would like to make sure that gun ownership is not part of the underwriting criteria and these insurance companies don’t use gun ownership to underwrite policies,’’ he said. 

Casino opponents go on the offensive against legislative gambling contract

 No Casinos, the Orlando-based anti-gambling group, is launching a television and radio campaign urging House Speaker Will Weatherford and Senate President Don Gaetz to abandon the $400,000 contract they signed two weeks ago with Spectrum Gaming Group for a study of the state's gambling climate.

They say the company cannot be independent since it works with the gambling industry.

John Sowinski, president of the group that is backed by Disney, the Florida Chamber of Commerce and other industry-backed companies, commended the legislative leaders for quick passage of legislation to outlaw the Internet cafes but noted, "unfortunately, your leadership on this issue and the good work of the committees you formed to study it are now in peril,'' he wrote. "The reason: the experts chosen by your staff to conduct a study on gambling and the impact of additional gambling in Florida have irreconcilable conflicts of interest."

He urged them to cancel the contract and "stop what will otherwise become $400,000 taxpayer dollars spent on a study that no objective person who knows of its author will believe. Rescue the good idea of studying the impacts of gambling by having experts who have never worked for the industry conduct the study."  Download NoCasinos-Letter-to-President-Gaetz-and-Speaker-Weatherford

The television ad is produced in the style of a too-good-to-be-true television pitch with fast-talking announcer claiming that the gambling industry believes slots are good for your heart. "The Florida Legislature has hired the same reseracher to find out if more gambling will be good for Florida,'' the announcer says. "Folks, this deal is so big, so crazy, there's only one place where you can it it and that's right here from the Florida Legislature."

A television and radio ad campaign limited to Tallahassee has been begun, Sowinski said.



Faster foreclosures bill clears House in 87-26 vote

A bill to speed up Florida’s groggy foreclosure system was approved by the Florida House on Monday after a 87-26 vote.

The third attempt at foreclosure reform in three years, HB 87 creates new options for expedited foreclosures and tightens up filing standards for banks. A companion bill in the Senate stalled in the committee process.

Opponents claimed HB 87 would harm homeowners and favor banks, who have been accused of engaging in questionable foreclosure practices.

“We’ve got to be extremely careful with regulating foreclosures,” said Rep. Jose Javier Rodriguez, D-Miami. “Many of these proposals go too far.”

Bill sponsor Rep. Kathleen Passidomo, R-Naples, said the bill would help streamline the slow foreclosure system. The mortgage foreclosure system needs to operate justly and "expeditiously" she said.

The bill would give condo associations an opportunity to speed up foreclosures by participating in a “show cause” hearing in which a judge can close out a case more quickly.

Miami political consultant funds robocall against Dolphins stadium renovation

@PatriciaMazzei

In the first sign of an opposition campaign against a subsidized renovation to the Miami Dolphins' stadium, a Miami political consultant has paid for an automated call urging listeners to vote "no" in the May 14 referendum.

The robocall, paid for by David Custin's DRC Consulting firm, began targeting likely voters Saturday, Custin said. Absentee ballots were mailed to domestic voters last week, and early voting began Monday.

Custin said he plans to call more than 160,000 voters over the next few days with calls in English and Spanish opposing the proposed renovation to Sun Life Stadium. Pending approval by the Florida Legislature, the Dolphins would receive up to $289 million from increasing the Miami-Dade mainland hotel-tax rate to 7 percent from 6 percent and $90 million from a state sales-tax subsidy, both over 30 years. The football club would refund the county up to $120 million and the state $47 million at the end of the three decades. (Read a breakdown of the deal here.)

Custin said he financed the robocalls because the Dolphins were campaigning "unfettered" for an off-year election that will likely result in low voter turnout. Opponents of the renovations -- particularly Miami auto magnate Norman Braman -- have decided to lobby lawmakers against the deal rather then fund a political campaign. Meantime, the Dolphins have reported raising $1 million for their outreach efforts, from team owner Stephen Ross' stadium coffers.

Weatherford and Gaetz: the happy dance partners of the Florida session

Senate President Don Gaetz often introduces House Speaker Will Weatherford, as the “taller, smarter, better-looking version of the Weatherford-Gaetz” duo. Weatherford, who at 33 is young enough to be Gaetz’s son, calls the 65-year-old “a wonderful partner and, more important, a friend.”

The state’s two most powerful legislators are adversaries in theory, but they have acted more like partners in practice as they set a conciliatory tone for the legislative session that ends this week.

Their unusual camaraderie has led to early passage of three of their four priorities and the resolution of issues that for years had been mired in special interest turf battles.

“After Monday, we will have gone through most of the major pieces of legislation that members filed,’’ said Sen. John Thrasher, R-St. Augustine, Senate Rules Committee chairman, who, a decade ago, served as House speaker.

In the last three weeks, legislators agreed on allowing physicians to package drugs, optometrists to prescribe medications, high schools to offer varied graduation standards and the sugar industry to continue taxing itself for Everglades cleanup. Each had been bitterly fought for years and all but the education bill was fueled by campaign contributions from dueling sides. More here.

Read more here: http://www.miamiherald.com/2013/04/28/3370075/rare-legislative-accord-has-led.html#storylink=cpy

Early voting for Dolphins stadium referendum begins Monday amid Tallahassee uncertainty

@PatriciaMazzei

Early voting begins Monday in a Miami-Dade election so unusual that the whole thing could be called off by the end of the week.

The Florida Legislature has until the annual lawmaking session ends Friday to approve legislation supporting the Miami Dolphins’ push for a subsidized renovation to Sun Life Stadium. Otherwise, the May 14 referendum asking voters to approve the project will be canceled. The results of the ballots cast up to that point would be kept secret.

There is plenty of opposition — including from both local Republican and Democratic parties — to increasing the mainland Miami-Dade hotel-tax rate to 7 percent from 6 percent to pay the Dolphins up to $289 million over 30 years for the renovation. But no one has financed a full-fledged campaign against the plan so far.

“I don’t think there’s any sense in spending the money I don’t have for something that may not materialize,” said Cutler Bay Mayor Ed MacDougall, who has traveled to Tallahassee to speak against the legislation.

Miami auto magnate Norman Braman, another opponent, has also said he is focusing his efforts lobbying state lawmakers instead of launching a campaign.

The Miami-Dade Republican Party, whose members opposed the deal last month, has not taken further action. Their Democratic counterparts, who are also against the deal, and neutral civic groups have limited themselves to hosting community forums.

As a result, the Dolphins have had phone lines, mailboxes and radio and television airwaves to themselves. The stadium’s political action committee, Friends of Miami First, has raised $1 million since April 1, according to its first campaign finance report filed Friday. All contributions came from the Dolphins and South Florida Stadium LLC, team owner Stephen Ross’ company that owns the Sun Life.

The campaign spent about $347,000 in that period, mostly on advertising and phones to reach voters.

More here.

Legislature's bi-partisan legacy: shield more records from public view

In the hyper-partisan Florida Legislature, Republicans and Democrats don’t agree on much, but every year they work agreeably to extend public records exemptions and create new ones.

The session that ends Friday will continue the trend toward greater secrecy in a state that prides itself on citizen access to information, known as government in the sunshine.

The 2013 Legislature will close off public access to the email addresses of voters as well as the names of spouses and children of law enforcement officers, corrections officers and child abuse and revenue investigators.

“It’s not that complicated,” said Sen. Alan Hays, R-Umatilla, who sponsored the bill to shield names of family members, saying it is needed to protect the loved ones of public safety workers from stalkers or vengeful lawbreakers.

“There are all kinds of perpetrators of evil out there, and this is just an effort to build that wall,” said Hays, who could not recall where he got the idea to propose the bill. More here from Steve Bousquet.

Read more here: http://www.miamiherald.com/2013/04/26/3367104/lawmakers-putting-a-few-clouds.html#storylink=cpy

Rep. Patronis is developers' go-to man for loosening environmental rules

Every year during the Legislative session in Tallahassee, state Rep. Jimmy Patronis does two things:

He organizes a day for everyone to wear seersucker suits. And he pushes a bill to change Florida’s environmental regulations, like the one that passed the House last week blocking local governments from protecting thousands of acres of wetlands.

Patronis, R-Panama City, is the man who gives environmental activists nightmares — a charming and savvy lawmaker convinced that Florida would be better off if government would get out of the way and let businesses boost the economy.

“I can’t say enough good things about him,” said Frank Matthews, who lobbies on behalf of developers, phosphate miners, boat manufacturers, sugar growers, power companies and a garbage company. “He couldn’t be more accommodating. That’s the appealing thing to me.” More from Tampa Bay Times' Craig Pittman here.

Read more here: http://www.miamiherald.com/2013/04/28/3369448/lawmaker-at-odds-with-environmentalists.html#storylink=cpy

Lawmakers agree on pay hikes for state employees

TALLAHASSEE -- For the first time in seven years, state lawmakers have agreed to give Florida’s employees automatic salary increases, ending a bleak stretch for a 150,000-member workforce that’s weathered cutbacks, pay reductions and slashed benefits.

The House and Senate agreed Saturday to pay those making less than $40,000 an automatic $1,400 across-the-board increase. Those making more than $40,000 will receive a $1,000 raise. On top of that, merit raises of up to $600 could be available as well.

In all, for those 70 percent of employees who make less than $40,000, it could mean a bump between 5 and 10 percent.

“You can’t make up for all of the damage of the greatest economic downturn since the Great Depression in one year,” said Doug Martin, a lobbyist for the American Federation of State, County and Municipal Employees, which represents 50,000 employees. “But this is very significant. This is very meaningful. This is a good day for state employees.”

The deal was struck between the House and Senate Republican leaders as they negotiate next year’s $74 billion budget, which goes into effect on July 1. The raises, however, don’t kick in until Oct. 1.

“Both (the House and Senate) wanted to recognize the fact that our co-workers in state government throughout Florida work hard every day and we appreciate their contribution to state government and their fellow citizens,” said Senate Appropriations Chair Joe Negron, R-Stuart. “Both (Senate President Don Gaetz) and House Speaker (Will Weatherford) wanted to, as our revenue picture has improved, wanted to show that in a tangible way through a salary increase.”

It’s similar to an automatic pay raise of $1,200 Gov. Rick Scott proposed for all state workers.

The proposed legislative increase will cost about $200 million, plus an additional $10.3 million for Florida Highway Patrol and Florida Department of Law Enforcement officers and staff. For the 4,000 employees in state law enforcement, they will get the same automatic pay raises that state workers do, but will receive an automatic 3 percent increase with a 2 percent raise for those with five years experience.

“We’ve had an issue with state law enforcement,” Negron said, explaining the difference in compensation for law enforcement. “Wwe spend a lot of money training the troopers, then they get hired away by local governments. They are in high demand.

“The current system if you have eight or 10 years experience, you’re making little more than someone who is just starting. That’s why we set it up that way,” Negron said.

Ethics panel gives Ring approval to work with firm seeking education business

The Florida Commission on Ethics on Friday gave the green light to Sen. Jeremy Ring, D-Margate, to take a consulting job with a private equity and venture capital firm that is hoping to drum up state contracts for its investments in education, healthcare, technology and other services. 

Ring, the chairman of the Senate Governmental Oversight and Accountability Committee and vice chairman of the Appropriations Subcommittee on Finance and Tax, asked for the advisory opinion from the ethics panel because he will be working for Sterling Partners, a venture capital firm with offices in Chicago, Baltimore and Miami, after session ends next week.

"Their portfolio of companies include companies like Sylvan Learning, a company called First Choice, which does free-standing emergency room hospitals,'' Ring told the Herald/Times. 

Other companies include Connections Academy, the online school that partners with Florida Virtual School, and School of Rock, a franchise-based music school and camp. "They're like a Bain Capital,'' Ring said.