The Florida Tribune

Florida's budget gap has shrunk by nearly $3 billion

A new three-year financial forecast says the state's budget deficit isn't as big as once feared.

Florida’s projected budget gap for the coming year has shrunk by nearly $3 billion, a new forecast released on Friday shows.

That means that state legislators will have a much smaller potential shortfall to deal with next spring when they work on a new budget for 2011. Depending on what items lawmakers decide to fund, the shortfall could be anywhere from $2.5 billion to as small as $828 million. The previous predicted budget gap was nearly $5.5 billion.

But the news also takes some of the sting out of Naples businessman Rick Scott's criticism of the state's finances. Scott, who wants to make substantial budget cuts, warns in his own jobs plan that Florida has a $6 billion shortfall and is going the way of "California and Greece." Scott has criticized state leaders - which include the Republican legislators now supporting him - for accepting federal stimulus dollars.

"We're walking into a big budget deficit,'' said Scott on Friday. "We're going to do everything we can to drive down the budget deficit."

Chief Financial Officer Alex Sink, by contrast, has said that Florida needs to do more to draw down additional federal money, pointing out that the state does not get its fair share of federal transportation money. Instead of calling for sweeping budget cuts, Sink has instead insisted that she can wring savings out of the budget by reducing middle management jobs, reducing state office space and reforming state contracts.

The revised budget gap figures were included in the new long-range financial outlook that a panel of lawmakers will vote on later this month. Florida’s Constitution requires that each year the state draw-up and approve a forecast for the next three years.

“While a persistent budget gap still exists, the outlook has improved from last year’s Long Range Financial Outlook,’’ the 120-page report states.

Economists who work for the Legislature say that the financial picture for the state has improved somewhat because tax collections have been slightly higher than previously predicted and because Congress agreed to extend a higher matching rate for Medicaid until next summer. The state is also being helped because of an influx of money from the gaming compact reached with the Seminole Tribe of Florida.

The changes for the coming year also mean that the financial picture has improved somewhat for 2012 and 2013. The new forecast estimates that the budget gap could be as high as $2.84 billion in 2012 and $1.93 billion in 2013.

Economists did warn, however, that the new forecast does not include any analysis of the economic impact of the Deepwater Horizon oil spill in the Gulf of Mexico.

The budget gap itself has been caused by a downturn in tax collections due to the recession as well as so-called “budget drivers” that are expected to cost the state more money in coming years. The new forecast estimates that the state will need another $1.4 billion next year for Medicaid and at least $1.2 billion to replace federal stimulus money that is now being used to help fund Florida's schools.

Campaign roundup for Friday

Rubio forced to drop out of Sunday debate, Scott defends taking donations from lobbyists, Candidates are buying ad time.

* Marco Rubio, Republican candidate for U.S. Senate, announced that he will be unable to attend this Sunday’s Meet The Press TV debate because of the health of his father. Rubio’s father, Mario Rubio, is battling emphysema and lung cancer, and according to a release by Rubio’s campaign his health has “significantly deteriorated in the last 48 hours.” The debate would have been the first in the race for U.S. Senate. Independent candidate Gov. Charlie Crist had already declined the invitation.

The previous day, U.S. Rep. Kendrick Meek, Democratic candidate for U.S. Senate, stated that he didn’t care that independent candidate Crist was not going to show for the debate “because him and Marco Rubio agree on 96 percent of the issues,” reported the Miami Herald.

* Naples businessman Rick Scott, who railed against special interests and Tallahassee insiders during his GOP primary for governor, defended on Friday his decision to spend time meeting and raising money from well-known lobbyists in the capital city. Scott had an early morning get-together at the offices of Associated Industries of Florida and in the afternoon raised money at the offices of well-known health care lobbyists. Scott told reporters that the fact that he put more than $50 million into his own campaign means contributors should realize that giving him money will not guarantee that they will side with them if he becomes governor.

"I will never be owned by sombody else, I have been independent all my life," said Scott.

* The Republican Governors Association has given the Republican Party of Florida $2 million for advertising, reported The Fix. The transfer is on top of the $2 million that the RGA used last week in advertising on the Florida governor’s race.

* News of the RGA’s transfer coincides with the RPOF release of two TV ads in support for their candidate for governor Rick Scott. One is titled “Whatever it Takes” and lashes out against President Barack Obama and his support for Scott’s Democratic rival Alex Sink. The 30 second ad uses a clip of Obama stating that voters should do “whatever it takes” to get Sink elected and also highlights Sink’s support for Obama’s health reform.

The other is a 30 second ad titled “For Sale” and was used by Scott’s campaign during the GOP primary. The ad makes the claim that his outsider status will enable him to improve the state’s economy and during the commercial Scott states that “the politicians can’t turn Florida around but you and I can.”

* Florida Crystals executive José Fanjul will be holding a fundraising event for Rick Scott on September 14 in Palm Beach, reported The Palm Beach Post. The event will be at Fanjul and wife Emilia's home and asks people attending the general reception for a $500 donation, while the VIP reception asks for a $10,000 donation. The reception held by the Florida Crystals executive comes just a month after Scott called Gov. Charlie Crist’s Everglades land deal with the company’s rival U.S. Sugar a “bailout." It is also interesting to note that Scott has lashed out at the deal because he felt it helped “special interests,” which he has vowed to separate himself from special interests.

* Alex Sink, Democratic candidate for governor, released a 30-second TV ad titled “Happen.” Sink’s new ad calls attention to her plan to boost the state’s economy. She states in the ad that “we need to diversify our economy” and tells voters that she has an extensive plan to do so.

* Charlie Crist’s campaign received a hefty contribution from Bennett LeBow, CEO of Borders bookstore, reported the St. Petersburg Times. LeBow contributed $20,000 to Friends for Freedom and Prosperity, the 527 group backing Crist. The newspaper also reported that Robert Stork, Vero Beach businessman, also gave $20,000 to the 527, which is in addition to the $30,000 he had already given.

* Along with the news of large donations, the Crist campaign has purchased $517,000 of TV advertising time for Sept. 7-19, reported the St. Petersburg Times. The newspaper stated that the air time will mostly be in Miami and Orlando, while Tampa and West Palm Beach will also be targeted.

* Pam Bondi, Republican candidate for attorney general, wrote a letter to Democratic rival Sen. Dan Gelber, D-Miami Beach, asking him to respond so they can set up future debates. The letter states that she has already agreed to two debates before the general election and would like to work with him in setting up venues and times for the debates.

* Dan Gelber, Democratic candidate for attorney general, announced that he will be making campaign stops throughout Florida this weekend. The two-day jaunt will happen Saturday and Monday and takes Gelber to Jupiter, Hollywood, Orlando, South Daytona Beach, Plant City and Dover.

* The Republican Party of Florida tried to get John DeVries, Tea Party candidate for State House District 34, thrown off the ballot, arguing that he is not running a legitimate campaign but rather a campaign just to steal conservative votes away from GOP candidate Rep. Chris Dorworth, R-Heathrow. According to the St. Petersburg Times, Rep. J.C. Planas, R-Miami, represented the RPOF in a Leon County courtroom on Thursday to try and remove DeVries from the ballot, but Circuit Judge Jackie Fulford ended up squashing the effort.

The RPOF and Planas argued there were technical issues surrounding DeVries paperwork and questioned a loan given by Fred O’Neal, Tea Party Chairman, reported the newspaper. Planas said that he was going to ask state prosecutor Willie Meggs to file a criminal case against DeVries.

* Dennis Baxley, Republican candidate for State House District 24, announced that he has been endorsed by the Florida Professional Firefighters.

Affordable housing group seeks rehearing on ruling overturning growth law

Ruling last week on SB 360 leaves developers uncertain on how to proceed, land-use attorney says.

An affordable housing group from Dade County is seeking to intervene and request a rehearing in a legal challenge to 2009's SB 360 growth management law. The ruling also has created uncertainties for developers who were proceeding with projects, according to a leading state land use attorney.

SB 360, supported by developers and opposed by environmentalists, was one of the more contentious bills of the 2009 legislative session. The bill removed a requirement that developers pay for needed roads and removed state oversight of larger developments in eight of Florida's largest counties and more than 200 cities.

Supporters said the bill would help the sluggish economy and encourage redevelopment. But opponents said the bill would cause urban sprawl in rural areas within developed counties.

Sixteen cities and three counties filed a lawsuit in 2009 challenging the bill as an "unfunded mandate" on local governments as prohibited by the Florida Constitution. Circuit Judge Charles A. Francis last week agreed and issued a preliminary injunction overturning the law.

But some supporters of SB 360 said the judge should not have thrown out other portions of the law separate from the growth management controversy. Earlier this week, Affordable Housing Solutions for Florida Inc. filed a motion to intervene, saying the judge's ruling would strike a portion of the bill that provides tax exemptions on land that is designated for affordable housing.

The group, based in Bay Harbor, said affected residents would "suffer grave hardship" if the tax credits provided by the bill are denied, according to the group's motion to intervene. The group said the state failed to argue that portions of the law that are not unconstitutional should be severed from the ruling.

But the cities and counties who brought the lawsuit filed a response Wednesday stating that the motion to intervene was too late. The affordable housing group "simply doesn't like the decision and apparently is unhappy that defendants stipulated that severance is not proper in an unfunded mandates case," the cities and counties said.

In a follow-up response also filed Wednesday, Affordable Housing Solutions for Florida Inc. said it previously had no reason to intervene because it wasn't interested in the dispute over the growth management provisions of the bill.

A spokesman for Attorney General Bill McCollum said the state expects to file a request for a rehearing, possibly next week.

This year, the SB 1752 "jobs bill" attempted to provide protection for developers who received permits under last year's SB 360 and were proceeding with construction. But local governments have various hurdles for seeking those permits and now some of those developers are finding themselves in limbo because of the ruling, said Nancy Linnan, an attorney with Carlton Fields law firm in Tallahassee.

"We [land-use attorneys] all have clients affected by this who are very concerned," she said.

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.

Campaign roundup for Thursday

Chiles endorses Sink as he bows out, Scott barely leads Sink in new poll, Crist won't say who should be the next governor.

* Bud Chiles officially ended his independent campaign for governor and announced his endorsement for Democratic candidate Alex Sink. Standing side by side at a press conference in Tallahassee, Chiles stated that Sink is a “proven leader and someone of great integrity,” while also commenting that he is confident "Bud Chiles supporters will be supporting Alex Sink.”

“After a lot of soul-searching I came to believe continuing my campaign may well divide good people and common goals and worse it might hand a victory to someone I’m not sure has Florida’s best interests at heart,” Chiles said referring to Republican candidate Rick Scott.

Chiles said that the two will “work together in the [Sink] campaign,” but both Sink and Chiles deflected questions over their difference of opinion on 527 campaign groups. Although Chiles has recently spoken out against 527’s, Sink stated that if her “campaign decides to set up a 527 then the contributions will be fully transparent.”

* Republican candidate for governor Rick Scott leads Democratic candidate Alex Sink 45 percent to 44 percent in the latest Rasmussen Poll. The new poll is the first without independent candidate Bud Chiles and it shows Sink closing the gap to one percent after trailing by five percent a week ago.

When including voters that stated they were leaning towards a certain candidate, Sink jumped ahead of Scott 48 percent to 47 percent. The poll also showed that 69 percent of Sink voters said they were certain they would vote for her in November and that 65 percent of Scott voters said the same, which is up 10 percent from a week ago.

Both candidates received three out of every four votes from members of their own parties, but Sink managed to pick up 44 percent of independent votes and Scott received 35 percent.

The latest Rasmussen poll surveyed 750 likely voters throughout the state on September 1 and holds a plus or minus 4 percent margin of error.

* Gov. Charlie Crist, independent candidate for U.S. Senate, released an internal poll that shows him leading Republican candidate Marco Rubio by 1 percent, reported The Palm Beach Post. Democratic candidate U.S. Rep. Kendrick Meek received 17 percent of the vote, while 14 percent were undecided.

In the poll conducted by FredrickPolls, Crist and Meek split the Democratic vote with 37 percent each. Rubio received 66 percent of the Republican vote and Crist managed to earn 21 percent of the GOP vote. When it came to independent voters, Crist received 55 percent and Rubio picked up 24 percent of the vote.

The poll surveyed 500 likely voters throughout the state between August 28-31, 2010. The margin of error is plus or minus 4.4 percent.

* Despite being an independent, Gov. Charlie Crist on Thursday refused to say who should replace him. "I’ve got a lot to do in the Senate race and I think the people of Florida will certainly sort out who they feel will be the best next governor,'' Crist said.

* In other Crist news, the independent candidate announced that he has been given an endorsement from Sen. Al Lawson, D-Tallahassee. This marks the second endorsement that Crist has gotten from a Democratic legislator in the last week.

* Alexander Snitker, the Libertarian candidate for U.S. Senate, plans to air ads protesting his exclusion from the NBC "Meet the Press" debate between Marco Rubio and Kendrick Meek planned for this Sunday. The ad will call the debate a "travesty of the democratic process." Snitker's campaign also said that there would be protests at several NBC affiliates around the state as well. "We are just looking for a level playing field,'' said Snitker.

* Alex Sink, Democratic candidate for governor, and the Florida Democratic Party bought $600,000 of more advertising time for her “Enough” campaign commercial, reported the St. Petersburg Times. The newspaper notes that the recent purchase of time brings her to $2.5 million spent on TV advertising in the last three weeks. Another new ad -- called "Happen" and paid for by the Florida Democratic Party -- is also airing in the Panhandle. The ad stresses Sink's economic plan to rebuild the state's economy even after the BP oil spill.

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.

New oil rig explosion causes political firestorm in Florida

While state monitors possible new threat, Democrats and Republicans trade accusations on oil drilling.

A new oil rig explosion off the Louisiana coast on Thursday led House Republicans and Democrats to trade accusations about oil drilling. The Mariner Energy production rig caught fire Thursday morning. Thirteen workers were rescued, one with injuries.

There were reports of an oil sheen on the Gulf surface but it was unclear whether the rig was leaking, according to a report by the New Orleans Times-Picayune. The Mariner Energy rig is about 90 miles south of the Louisiana coast and is west of the Deepwater Horizon rig that sank in April, causing one of the nation's worst environmental disasters.

Florida is closely monitoring reports regarding the fire, state emergency management director David Halstead said in a statement. On Wednesday, House Speaker Larry Cretul, R-Ocala, said House work groups studying the Deepwater Horizon drilling disaster concluded there was no reason to call a special session to deal with potential economic impacts from the oil spill.

Cretul had created the work groups on July 21 when the House abruptly adjourned a special session without taking action on Gov. Charlie Crist's request to put a constitutional oil drilling ban on the ballot before voters in November.

Rep. Adam Fetterman, D-Port St. Lucie, said Thursday in response to the new oil rig accident that Republicans state leaders have shown they are ignorant of the consequences of drilling and deaf to the concerns of local business owners and tourists.

“It’s said that the public has a short memory, and once a disaster is over, they move on to the next issue," Fetterman said in a statement. "Well, that’s exactly what the so-called [Republican] 'leaders' in Tallahassee are hoping."

Rep. Chris Dorworth, R-Lake Mary and chairman of the work group that Fetterman served on, said Fetterman had signed off on the work group recommendations until he issued the news release.

"I'm disappointed that Representative Fetterman would resort to using empty election year rhetoric and playing politics with an issue that seriously impacts so many families and businesses in Florida when earlier this week he told his colleagues otherwise," Dorworth said.

Also Thursday, the National Oceanic and Atmospheric Administration reopened 5,130 square miles off Florida, Alabama and Mississippi to fishing after samples showed the fish are safe. NOAA also reopened an area off the Panhandle that had been reopened last month for fin fish only. The closest remaining closed areas appear to be about 40 miles off the coast at Cape San Blas in Gulf County and about 60 miles off the rest of the Panhandle. (Click here to view maps.)

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.

No answers yet in mysterious fire at home of former Crist aide

Arson investigators ask public for help in solving blaze at home of Erin Isaac.

Nearly four months have passed since a mysterious fire broke out at the home of a former top aide to Gov. Charlie Crist.

But the case remains an “open investigation” as to who was behind the blaze that caused roughly $200,000 worth of damage to the home of Erin Isaac, which was located in the Betton Hills neighborhood of Tallahassee.

The State Fire Marshal’s Office, which is under the control of Chief Financial Officer Alex Sink, says it still believes the fire was an act of arson. An arson investigator was scheduled to go on Tallahassee television on Thursday night to tell the public that a reward would be made if authorities got any information that led to an arrest.

A spokeswoman for Sink’s office on Thursday also said that investigators have confirmed that both Erin Isaac and her husband were out-of-town at the time of the May fire. Jayme O’Rourke would not say, however, if the state has exhausted all possible leads in the case.

Isaac, a hard-charging loyal aide to Crist, worked as deputy press secretary for Crist’s campaign for governor and landed a spot in his administration in 2007. But she resigned from the Crist administration last November following a run of negative press coverage for the governor. Isaac said that no one had asked her to resign, but her decision came the same week that Crist’s U.S. Senate campaign hired an outsider to handle its media relations.

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.

Campaign roundup for Wednesday

Sink unveils education plan, Bud Chiles will officially drop out on Thursday, First children's debate set for governors race.

* Chief Financial Officer Alex Sink on Wednesday unveiled her education plan in the event that she is elected governor. Sink's plan calls for various changes to Florida's schools, including requiring all pre-K teachers to have a bachelor's degree, developing an early warning system to deter high school dropouts, offering a loan forgiveness program to students who commit to teaching in a public school for five years, and putting in a performance pay system for teachers that considers such factors as whether teachers are working with students in poor-performing schools.

Sink's lengthy plan also calls for increasing need-based aid for college students and totally revamping the use of the Florida Comprehensive Assessment Test by de-emphasizing FCAT scores in determining school performance. Sink's campaign also criticized Naples businessman Rick Scott because he said he would have signed SB 6, the controversial bill eliminating job protections for teachers.

Chad Colby, a spokesman for the campaign of Scott, said that Sink's plan for performance pay is code for "union approved" and that Sink is trying to hide her "liberal" tendencies by saying she supports performance pay.

* Bud Chiles, independent candidate for governor, will make it official on Thursday and drop out of the race. He plans to hold a press conference in Tallahassee with Democratic candidate Alex Sink to announce the end of his campaign and to announce his endorsement of Sink. Florida Democratic Party chairman Karen Thurman said in a statement that by "withdrawing from the race and supporting Alex Sink, Bud allows Floridians to be fully united." Rick Scott, the GOP candidate for governor, said in a statement that his campaign "always planned on a two-person race." Scott's campaign also insisted that they did polls showing that Chiles backers are actually voters dissatisfied with Democrats and had voted for John McCain in 2008.

* A gubernatorial debate exclusively devoted to children’s issues has been scheduled for the first time ever. The Children’s Movement of Florida and the University of Miami announced that they will be holding the event on October 16 at the University of Miami in Coral Gables. Democratic candidate Alex Sink has accepted the invitation, but GOP candidate Rick Scott has not accepted and according to organizers has a "specific proposal" for the debate. Co-Chairman of the Children’s Movement of Florida David Lawrence Jr.stated that Scott is “clearly considering [the debate] in his own time” and that he “can’t believe that he wouldn’t accept” the invitation.

Lawrence noted that they are working on who will televise the debate. He added that he will be joined by former Attorney General Bob Butterworth and former Senate President/Lieutenant Governor Toni Jennings as panelists for the one hour-long question and answer debate.

* The National Republican Senatorial Committee is giving $2.5 million to Marco Rubio’s U.S. Senate campaign, which is the most allowed to be given under federal law, reported the St. Petersburg Times.

“This funding demonstrates a continued commitment to Marco Rubio’s candidacy and our confidence that he will be Florida’s next U.S. Senator,” Amber Marchand, spokeswoman for the NRSC, told the newspaper. “What remains to be seen is whether the national Democrats will make the same commitment to Congressman Kendrick Meek’s campaign?”

The newspaper noted that as of August, independent rival Gov. Charlie Crist had more than $8 million on hand for his campaign, while Rubio had only $4.5 million.

* Gov. Charlie Crist is going to get support from Penthouse CEO Marc Bell in the form of a fundraising event, according to POLITICO. The CEO will be holding a fundraiser for Crist's campaign at his Boca Raton home on October 7 and according to POLITICO the invitation requests $500 per person to attend and $2,400 per couple for VIP admission.

* Kendrick Meek, Democratic candidate for U.S. Senate, launched his first radio advertisement. The ad uses remarks by independent opponent Gov. Charlie Crist stating that he is a “Jeb Bush Republican,” that offshore oil drilling is “something we ought to explore,” and that he is “as conservative as you can get.” To download and listen to the ad please click here.

* Loranne Ausley, Democratic candidate for chief financial officer, went after her Republican opponent Sen. Jeff Atwater, R-North Palm Beach, on his stance in supporting SB 6, the controversial bill that would have stripped job protections for teachers.

Ausley held a press conference with parents, teachers, principals and Florida Education Association Vice President Joanne McCall in announcing a petition to stop her opponent and other legislators from bringing back a bill similar to SB 6 in next year's legislative session.

“My opponent Jeff Atwater still supports Senate bill 6 and his fellow Tallahassee politicians are promising to bring it back in 2011. Well I’m here to say, not on my watch,” Ausley stated.

Ausley added that she and the others are not opposed to teacher reform but that they want to have “reform that we all are at the table discussing.”

* U.S. Rep. Alan Grayson has sent a fundraising letter in support for fellow Democrat Kendrick Meek and his U.S. Senate campaign. The letter not only requests a donation but has Grayson highlighting Charlie Crist’s past support for former Alaska Gov. Sarah Palin. Grayson states that “We can’t afford to send a wild card like Charlie Crist to the U.S. Senate. After all, if it were up to him Sarah Palin would be doing a ‘great job’ in the White House.”

* Tom Tillison, from the Central Florida Tea Party Council, has called for an investigation on the relationship between the formal Florida Tea Party and U.S. Rep. Alan Grayson, Democratic incumbent in the District 8 race, reported the Orlando Sentinel.

Tea party activists and conservatives have questioned the motives behind the registered Florida Tea Party, arguing that it is a front to divert conservative votes from Republican candidates by using the tea party name.

According to the Orlando Sentinel, Tillison stated in a release that “the use of the Tea Party movement name is nothing more than a simple act of identity theft.”

Florida Tea Party member and political consultant Doug Guetzloe followed Tillison’s release with his own, stating that Tillison has “no more to do with the TEA party or the tea party movement than the man in the moon.”

* Daniel Webster, Republican candidate for U.S. House District 8, announced that he has received endorsements from all six of his primary opponents. His opponents included Ross Bieling, Kurt Kelly and Todd Long.

Florida to oil spill claims czar: You're not helping us

Kenneth Feinberg defends process so far but says he disagrees that "any hotel anywhere in the state" should get damages.

Members of a state oil spill task force on Wednesday sharply criticized independent claims administrator Kenneth R. Feinberg for his new claims review process while Attorney General Bill McCollum said he plans to meet with Feinberg to discuss their differences.

The BP oil spill that began April 20 sent waves of oil ashore at Pensacola Beach in early July and has continued to send scattered tar balls onto Panhandle beaches. Representatives of real estate, tourism and seafood industries say their businesses were harmed by the spill -- even in areas without oil in water or on beaches.

President Barack Obama in June placed Feinberg in charge of a $20 billion claims fund set up by BP to compensate spill victims.

Members of the Oil Spill Economic Recovery Task Force said Feinberg made a good impression at a task force meeting in Destin on July 28. But they said they were unhappy with the claims policies, also called protocols, that Feinberg laid out when he took over the process on Aug. 23.

Feinberg came across at that meeting as a "knight in shining armor," Monroe County Commissioner Mario Di Gennaro said. "His armor is not shining any more."

McCollum said he plans to meet with Feinberg within the next two weeks he said there is trust between the two men.

"I'm hoping in the next couple of weeks Mister Feinberg will see some light on this," McCollum told reporters after the meeting. "Otherwise it's going to be a long and protracted problem for a lot of people in Florida."

Carol B. Dover, president of the Florida Restaurant and Lodging Association, said her group hired a consortium of lawyers after three meetings with Feinberg were ineffective.

Their comments followed a presentation by Attorney General Bill McCollum and a members of his legal team. But the task force already had agreed to write a letter to Feinberg after some members expressed frustration with the claims process.

McCollum said Feinberg, while stating that the claims process is voluntary, is requiring that people must live near areas that have been affected by oil washing ashore to claim damages.

McCollum also said the federal Oil Pollution Act of 1990, which was enacted to avoid litigation, is broader in its relief than Feinberg is allowing with his protocols.

Feinberg told the Florida Tribune he looked forward to meeting with the task force and he said McCollum is "an exemplary public servant."

"But I disagree under OPA (the federal Oil Pollution Act) that any hotel anywhere in the state can somehow recover (for damages)," Feinberg said.

A graphic presented by Russell S. Kent, special counsel for litigation, showed that BP paid more than $1 million in claims from Broward County on the Atlantic coast, which has not been affected by oil. That showed BP did not use the geographic proximity test, Kent said.

"We've seen recent reports that tourists continue to believe there is oil on our beaches even in areas far removed," he said.

Feinberg said he will continue to consider the issue. But he added: "I am absolutely convinced that my proximity determinations will be much more generous for hotels and restaurants in Florida than if they filed a lawsuit and litigated for five years."

Feinberg will be asked to speak to the task force again, said Chairman Chris Hart, director of the Office of Tourism, Trade and Economic Development. Feinberg told the Florida Tribune he welcomed the opportunity.

During the meeting, Hart also said the panel will send a letter quoting Feinberg's earlier promises and matching them with Florida's concerns. Di Gennaro and some other members suggested that a stronger response may be needed.

"I never thought I'd say this -- that part of me would like to have BP back," added George H. Sheldon, secretary of the Florida Department of Children and Families. "That is kind of a frustrating place to be."

Florida is going after millions tied to health care reform

Despite fierce opposition from GOP leaders, state agencies are seeking federal help.

Gov. Charlie Crist may be wrestling with his position on federal health care reform but Florida’s state agencies are not.

The Agency for Health Care Administration worked on a $1 million planning grant for a health insurance exchange, a centerpiece of the Affordable Care Act that has been labeled “Obamacare" by critics.

It is one of roughly $11 million in grants under the new federal health care law that Florida agencies have requested to date, according to information collected from AHCA, the Office of Insurance Regulation and the Florida Legislature. The move is in stark contrast with states like Minnesota where Gov. Tim Pawlenty this week signed an executive order that blocks that state from seeking federal money tied to the federal health care law.

Crist initially - like Pawlenty - was highly critical of the health care law when he was a Republican seeking the U.S. Senate. But now as an indpendent candidate Crist has come under fire for shifting his stance. Last week Crist was forced to explain that he still wants to repeal the law, but only if a substitute that includes part of the law he favors is adotped first.

When asked if Florida should go after money tied to health care reform, Crist said: "They should go after money to help Florida citizens. Absolutely."

A part of the health care law is the creation of the health exchanges. If awarded the initial grant the state will assess whether Florida should have its own exchange (including scenarios for both private and state-run exchanges), be part of a regional exchange, or cede the exchange to the federal government. The exchanges will serve as a one-stop shopping source where, beginning 2014, people may compare plans and rates and purchase coverage.

According to the grant application, the state will contract with a research university to figure out the numbers of people who are eligible for subsidized plans sold in the exchange, versus Medicaid expansions and employer sponsored coverage.

Working with the Department of Children and Families will be members of the Consumer Health Information and Policy Advisory Council and the Florida Health Insurance Advisory Board.

The agencies are moving ahead with the grant applications under the Affordable Care Act despite incoming legislative leaders’ clear opposition to the health care reform law. While the agencies don't need legislative approval to seek the money, they are precluded from spending any significant grants without prior approval from lawmakers.

Incoming Senate Democratic leader Sen Nan Rich, D-Weston, said it would be folly for the Legislature to withhold its approval.

"It would be incredible to forgo these dollars," Rich said, adding "it's a good thing these agencies are applying for grants. We should draw down our fair share."

The Legislature in 2010 passed a joint resolution proposing a constitutional amendment to limit the federal health reform act, although the Florida Supreme Court this week tossed it from the ballot. The Legislature also passed a law bolstering Attorney General Bill McCollum’s ongoing lawsuit to declare federal health care reform unconstitutional.

In his health care solutions tour this summer, incoming Senate President Mike Haridopolos, R-Merritt Island, made clear his opposition to the law.

In addition to applying for the health insurance exchange grant, AHCA has submitted a $3 million grant application to help pay for background checks for long-term care facilities and long-term care providers. The grants will be announced this month.

Florida has also received $5.8 million in health care workforce funding to help train and pay costs of continuing education, the U.S. Department of Health and Human Services announced recently.

Nursing programs received the majority of the money and the University of North Florida, Florida State University, and University of South Florida all received grants. The largest grant -- $551,600 -- was awarded to Adventist Health System Sunbelt in Orlando. In all, 34 universities, colleges and health care facilities received the grants.

The state also received about $816,000 for geriatric training programs at Nova Southeastern University in Ft. Lauderdale and the University of Miami.

Some of the first provisions of the law to take effect are related to health insurance policies and insurance companies. HHS last month awarded to state insurance regulators $1 million to better regulate rates. A summary of the grant application noted that $644,416 will be spent on salaries and benefits for six employees, including an economist, project coordinator and actuary. Another $270,000 will go to computer contractors to help build a more consumer-friendly website.

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.

related files:

GrantApplication.pdf

Legislative leaders say no to special session

House Speaker Larry Cretul calls special session unnecessary after reviewing oil spill workgroup reports.

Despite making pledges this summer to convene a special session as early as September to "aid Florida's survival of and recovery from the oil spill," the top leaders in the Florida Legislature said on Wednesday that there was no need to take action any time soon.

House Speaker Larry Cretul announced on Wednesday that a special session on oil drilling is unnecessary. That prompted Senate President Jeff Atwater to say that the Senate would now focus on developing proposals for the 2011 session.

Cretul said he made his assessment based on recommendations from workgroups that the House set up to look at the impacts of the Deepwater Horizon oil spill in the Gulf of Mexico.

“Based on the workgroups’ recommendations, it would appear that while there are some issues where legislative action may be appropriate, there are no issues that require immediate formal legislative action,” Cretul stated in his message to House members. “Additionally, there are several areas where it is clear that we do not yet posses the information necessary to make informed decisions. Moreover, many of these issues require solutions that would benefit from closer scrutiny during a legislative session.”

Atwater issued a brief memo after Cretul's announcement thanking Sen. Don Gaetz, R-Niceville, and the members of the Select Committee on Florida's Economy for their work and added that he has asked the House to continue to work on “proposals, gathering data, and working with incoming leadership in preparation for the next session.”

Cretul and Atwater discussed having a special session to deal with the economic impacts of the spill after legislators rejected Gov. Charlie Crist's proposal to place a ban on offshore drilling on the November ballot.

Democrats on Wednesday, including Loranne Ausley -- candidate for chief financial officer -- blasted GOP leaders.

“Floridians saw straight through the empty promises coming from Tallahassee and Senate President Jeff Atwater,” Ausley said. “This entire special session has been nothing more than an attempt by Tallahassee politicians to tarnish the Governor’s image at all cost, leaving our Northwest Florida small business owners without relief that they desperately need.”

Sen. Dan Gelber, D-Miami Beach and a candidate for attorney general, also voiced his frustration with the announcement, stating that “it is very troubling that the House leadership has now decided to turn a blind eye to the real problems facing North Floridians in the wake of the Deepwater Horizon oil spill.”

Rep. Gary Aubuchon, R-Cape Coral and coordinator of the workgroups, issued a summary of the workgroups’ reports to Cretul and also concluded that after reviewing the findings, a special session is not needed at this time.

The group reports were due on Tuesday and were released on Wednesday. Although none of the reports recommended a special session, some of the reports recommended different strategies to deal with the current Gulf of Mexico oil spill and any future incidents.

Recommendations from the workgroups included to encouraging BP to provide more funding for tourism marketing, having the governor extend the state emergency bridge loan application deadline, creating an office to formulate state government claims, and suggesting that Congress should revise the Oil Pollution Act of 1990 and Area Contingency Plans to allow certain permit requirements to be relaxed or waived under certain guidelines.

Originally published in the Florida Current - exclusively distributed via Lobbytools - Florida's Premiere Legislative and Media Monitoring Service.