House panel advances ‘accuracy in damages’ bill

January 29, 2020/in Florida Politics

House panel advances ‘accuracy in damages’ bill
What’s billed is rarely what’s paid.

By Staff Reports on January 29, 2020

Is this the year for tort reform?

The House Civil Justice Subcommittee passed a long-sought “accuracy in damages” reform package Wednesday, HB 9 by Rep. Tom Leek

Anyone who’s gone to a doctor knows that medical providers often bill more — sometimes much more — than what they’re actually willing to accept in payment. But in Florida, when juries calculate damages in personal injury cases, they generally only see the amounts billed. That artificially inflates jury awards, creating perverse incentives and raising the cost of doing business.

To address the issue, Leek’s bill ensures that juries base their awards for medical expenses on the usual and customary amounts actually received by medical providers. If the claimant has health insurance or government health coverage, the amounts paid or payable under that coverage are considered the usual and customary amounts.

At the subcommittee hearing, bill sponsor Leek used several charts to show how medical providers use “letters of protection” to inflate the medical bills presented to a jury.

FJRI Chart

A chart from Leek’s presentation illustrating the difference between amounts billed and amounts paid.

Lauren McBride, director of liability for Publix Super Markets, said, “we have over 450 cases in litigation. In Florida, 61% of the claims have letters of protection. Of those claimants, 62% have health insurance but choose not to use it because, we believe, they are being told not to use their health insurance by their attorneys who are sending them to doctors that they have relationships with, and juries should know about that.”

Andy Bolin, representing the Florida Justice Reform Institute, said, “the intent is to show the juries the amounts typically received from those programs, whether they’re private or government, but the bill doesn’t require us to stand up and tell the jury what insurance the claimant has.”

The committee passed the bill 10-4. The Senate Judiciary Committee passed companion legislation, SB 1668 by Sen. David Simmons, on Tuesday.

https://floridapolitics.com/archives/317427-house-panel-advances-accuracy-in-damages-bill

Proposed Florida law would aid insurance companies, cut attorney fees

January 23, 2020/in PropertyCasualty360

Proposed Florida law would aid insurance companies, cut attorney fees

Reactions to the new bill reveal a sharp divide between homeowners’ attorneys and insurance companies.
By Raychel Lean | January 23, 2020 at 12:00 AM | The original version of this story was published on Daily Business Review

Double dipping

Insurance companies claim property insurance lawyers have been “double-dipping”
by applying fee multipliers in too many cases, while lawyers claim the multiplier
measure is there for a good reason. (Photo: BeeBright/Shutterstock)

A bill working its way through the Florida Legislature would curb the use of attorney-fee multipliers — bad news for plaintiffs counsel who represent clients on a contingency basis, but a boon for the insurance industry, which claims attorneys often charge three times their hourly rate for routine property cases.

Senate Bill 914 has jumped its first hurdle, gaining approval from the Florida Senate Committee on Banking and Insurance. It reflects a conflict between attorneys — who say the proposed law would prevent homeowners from suing insurers — and insurers, who say some lawyers take advantage by tripling their fees for routine cases.

Fee multipliers are meant to protect homeowners who can’t afford to bring suit unless attorneys agree to take on difficult and high-risk litigation on a contingency basis. Lawyers bear the cost of the litigation, but if they win, their clients could apply a contingency risk multiplier.

The proposed law would prevent this.

The bill by Republican Sen. Jeff Brandes would cap attorney fees for plaintiffs. It would award fees through the lodestar method, which multiplies a reasonable hourly rate by the number of hours attorneys worked.

Tallahassee attorney Michael Carlson agrees it should be more difficult for plaintiff counsel to seek fee multipliers.

“It is too common now, throughout Florida, for courts to award a fee multiplier on what we would call a relatively simple case,” said Carlson, who represents insurance companies and is president and CEO of the Personal Insurance Federation of Florida.

Critics suggest fee multipliers were meant to have a narrow scope. They say the measure was introduced decades ago to encourage attorneys to take on complex or controversial federal civil rights and environmental torts cases because potential clients were struggling to find representation. The U.S. Supreme Court eventually limited its use, they argue. And in the 1992 case City of Burlington v. Dague, former Justice Antonin Scalia wrote a majority opinion rejecting the contingency fee model.

Carlson claims multipliers are no longer necessary for property insurance cases in Florida because there’s no shortage of competent counsel.

“If you have a tree fall on your roof, and you have a dispute with your insurance company over that tree having fallen on your roof and you need to hire a lawyer anywhere in Florida, you will not have a problem,” he said.

‘Army’ of lobbyists?

Plaintiffs attorney William F. “Chip” Merlin of the Merlin Law Group in Tampa argued against the bill at Tuesday’s hearing, claiming that although it was “well-intentioned,” it will hurt some policyholders who won’t be able to find competent lawyers to handle declined insurance claims.

“The insurance companies do not ever want to be held accountable for wrongfully denied claims and claims that they are slow to be paid, and certainly do not like to be sued at all, even if their competitors are committing illegal actions,” Merlin said. “So there is always an army of insurance lobbyists claiming that a new crisis exists to reduce policyholder rights or make it easier to skirt consumer protection laws and regulations.”

Merlin notes that while insurance companies have teams of lobbyists, policyholders “have jobs and are working on their own life, and simply do not show up in Tallahassee.”

“People do not buy insurance to have their claims turn into lawsuits,” Merlin said. “They just want to be paid fairly.”

In most instances, Merlin claims policyholder’s attorneys don’t get a multiplier but says in certain small cases where upfront costs outweigh the amount in controversy there’s no other incentive for attorneys to take them.

William Large of the Florida Justice Reform Institute stressed the personal injury field has survived without fee multipliers and claims there’s already “an extraordinary advantage” under Florida’s one-way attorney fee statute, allowing recovery for plaintiffs who prevail against their insurer.

“That is fair,” Large said. “That’s a real incentive for insurance companies to make sure they’re settling cases appropriately for insureds. But then to get a multiple on top of that isn’t fair, so we’re trying to make sure that the multiplier is not used except in the most extraordinary and exceptional circumstances.”

However, a 2019 law has already restricted the use of assignment-of-benefit agreements, which allow policyholders to sign over their insurance rights to contractors — some of whom claim would give homeowners “the monumentally short end of the stick.”

Carlson said he sees this bill as restoring the law to its original purpose and claims its passage could reduce insurance rates for consumers.

“The lawyers are making their hourly rate, they’re getting paid for representing their client when they win,” Carlson said. “What’s become much more commonplace in the 2017 period forward is lawyers in these same cases, when they win and they’re having their lodestar amount calculated, they ask for a separate amount as well.”

He points to a 2017 Florida Supreme Court case, Joyce v. Federated National Insurance Co., which made it easier to obtain fee multipliers. In it, Justice Charles Canady wrote a dissent that said the court had overreached because the fee multiplier should only be used in rare circumstances.

But as Merlin sees it, the focus should be on the fact that policyholders are having to sue their insurers in the first place.

“The insurance lobby points to a few cases about how much the winning policyholder attorney made, rather than talk about why the claim should never have been denied in the first place, and that the insurance companies’ attorneys fought and fought the payment to the policyholder because that is the only way a case can generate large fees,” Merlin said. “Instead, they fight with their own attorneys who are paid on an hourly basis, win or lose, often to wear down the policyholder.”

The bill still has a way to go until it lands on Gov. Ron DeSantis’ desk, having only gone before one committee in the Senate. The bill will go to two more committees before going before the full Senate, then the House of Representatives.

https://www.propertycasualty360.com/2020/01/23/proposed-florida-law-would-cut-attorney-fees-aid-insurance-companies-414-170657/?slreturn=20200024152106

Sunburn — The morning read of what’s hot in Florida politics

January 21, 2020/in Florida Politics

Sunburn — The morning read of what’s hot in Florida politics — 1.21.20
All the news that fits, and more: Your first look at Sunshine State politics and policy news.

House panel tackles deceptive legal advertising — The House Civil Justice Subcommittee held a panel workshop on misleading and deceptive legal advertising focusing especially on ads presented as medical, health, or consumer alerts. Testifying on behalf of the Florida Justice Reform Institute, President William Large said: “The issues have to do with provocative ads that say, ‘medical alert’ or ‘warning.’ The problem is not Florida Bar members; the problem is out-of-state lead generators and aggregators who run these ads.” Chair Bob Rommel agreed the ads confuse patients, especially the elderly: “If I don’t take [my medicine] I may die, if I take it I may die, what do I do?” Sen. Tom Wright has filed SB 1288 in the Senate.

https://floridapolitics.com/archives/316393-sunburn-the-morning-read-of-whats-hot-in-florida-politics-1-21-20

Florida Legislative Preview 2020: Industry Calls on Lawmakers to Reform Lawsuit Abuse

January 21, 2020/in AutoBodyNews

Florida Legislative Preview 2020: Industry Calls on Lawmakers to Reform Lawsuit Abuse
Written by Amy O’Connor, Insurance Journal

The Florida Legislature started its 2020 legislative session this week and lawmakers are set to consider a number of insurance-focused issues over the course of the 60-day period.

At the top of the list for industry and consumer advocates are reforms to curb what they say are abuses of the state’s legal system that are hurting insurers’ bottom line.

The issue is of particular importance to industry stakeholders in light of recent news about financial issues in the state’s insurance market.

Last session, the insurance industry scored a big win with the passage of property insurance reforms addressing the abuse of a policyholder benefit know as assingment of benefits (AOB) after seven years of failed attempts.

While the reforms have already begun to burb the abuse that experts said was causing an insurance market crisis, its effects in the short term haven’t yet reached the balance sheets of Florida carriers who are still dealing with past inflated claims.

In his Tuesday “State of the State” address to the Florida Legislature, Governor Ron DeSantis thanked lawmakers for passing AOB reform and said the legislation has already led to lower rates for 44,000 policyholders of the state-run insurer, Citizens Property Insurance Corp. He urged Florida lawmakers to target other lawsuit abuses.

“The legal system is supposed to be used for redressing concrete injuries and disputes,” DeSantis said. “It is not a game and shouldn’t be used as such. Reforms such as AOB that improve the legal climate here in Florida are welcome.”

William Large, president of the Florida Justice Reform Institute, praised the governor’s remarks.

“As Governor DeSantis said, Florida’s legal system is supposed to address real injuries and disputes, not to be used as a game. Those games clog the courts and frustrate Florida’s growth,” he said.

The explosion of AOB claims over the last several years and other market forces, including excessive litigation and losses from Hurricane’s Irma and Michael, have created a hazardous financial environment for many insurers, according to Demotech, which rates 46 Florida-based carriers.

As a result, Demotech said last week that many of Florida’s domestic insurance carriers face rating downgrades in the coming days and weeks.

Industry advocates and consumer groups are urging the Florida Legislature to pass legislation this year that would help the state’s private market, including reforms to the excessive litigation.

“Market factors such as Florida’s crumbling legal environment and lawsuit abuse have had significant consequences in the insurance marketplace and made it challenging for companies to maintain A ratings,” said Logan McFaddin, Vice president of state government relations for the American Property Casualty Insurance Association (APCIA)

“The Florida Legislature needs to implement meaningful reforms during the 2020 Legislative Session that reduce lawsuit abuse and restore fairness to Florida’s legal system.

APCIA looks forward to working with lawmakers during the upcoming session to address these critical issues.”

Paul Handerhan, president of the Federal Association for Insurance Reform (FAIR), said two bills have been introduced, both sponsored by Senator Jeff Brandes, that would target first party litigation abuses.

Senate Bill 914 would provide that for certain attorney fees awarded for claims arising under property insurance policies, the maximum fee a court may award is a lodestar fee and prohibit the court from considering contingency risk or using a contingency risk multiplier.

The other bill, SB 1634, would revise requirements for the civil remedy notice provided to insurers and the Department of Financial Services; delete a requirement for certain persons acting on behalf of an insurer to provide certain notice before scheduling a meeting or onsite inspection for certain purposes; and require named insureds to provide insurers with a specified notice as a condition precedent to filing suit under a property insurance policy.

Brandes who is a member of the Florida Senate Banking & Insurance Committee, also sponsored SB 924 that would target civil actions against insurers.

That bill provides that in third-party bad faith actions against insurers, insureds and claimants have the burden to prove that an insurer acted in reckless disregard for insured rights which resulted in damage to the insured or the claimant, according to the bill summary.

It also would require in these claims that insured or claimant actions or inactions are relevant in bad faith actions; provide that an insurer is not liable if certain conditions are met; and provide that an insurer is not liable beyond available policy limits as to certain competing third-party claims if it files an inter-pleader action within a certain time frame.

APCIA’s McFaddin said bad faith reform in Florida is a top legislative priority for the association this year.

“Florida’s legal climate is one of the worst in the country, and rampant lawsuit abuse fueled by some plaintiffs’ attorneys is dramatically driving up costs for consumers and businesses,” she said.

“Consumers’ rights to seek legal action will remain protected, but it is past time to implement reforms that will reduce lawsuit abuse, curb frivolous tactics, and begin to restore fairness to Florida’s legal system.”

Another issue that the APCIA and other industry and consumer advocates will be focused on this year is reform for auto glass claims abuse.

This scheme also uses AOBs but instead targets windshield claims where policyholders sign over their insurance benefits for quick repairs to attorneys or auto shops who turn around and sue the insurer in order to collect fees.

According to a November report from the Florida Justice Reform Institute, there were 17,000 auto glass suits in 2017, up from about 400 in 2006. The number of suits peaked in 2017 with 24,000.

Last year, auto glass was removed during negotiations from the AOB reform bill that passed.

For this session, the industry backed a House bill that would have called for prohibiting motor vehicle repair shops and employees from offering anything of value to customers in exchange for making insurance claims for motor vehicle glass replacement and repair, but its sponsor withdrew it (HB 169) last week.

A Senate version (SB 312) was voted down. Still, McFaddin says the industry will keep pushing for legislation to be passed this session.

“The Governor and Florida Legislature took steps last session to protect homeowners from AOB property scams, and now lawmakers have an opportunity to bring similar protections to Florida motorists,” continued McFaddin. “APCIA urges Florida lawmakers to put a stop to AOB auto glass abuse during the 2020 Legislative Session.”

FAIR is also hoping to see legislation regarding the Florida Hurricane Catastrophe Fund’s ratemaking formula, which it says does not adhere to required standards because its underlying catastrophe model results are unidentified and there is no way for peer review or audit of the FHCF’s Ratemaking Formula Report.

“The FHCF takes in nearly $100 million in premium a month from policyholders,” FAIR said in a statement. “Shouldn’t Floridians have the right to know exactly how the FHFC rate is calculated?”

FAIR said legislative action could require more transparency into the FHCF’s ratemaking process. “FAIR is asking state regulators and legislators to develop and pass balanced and meaningful reforms to provide relief to Florida’s policyholders.”

We thank the Insurance Journal for reprint permission.

https://www.autobodynews.com/index.php/southeastern/item/19190-florida-legislative-preview-2020-industry-calls-on-lawmakers-to-reform-lawsuit-abuse.html?start=0

More opportunities for personal injury suits seen in wake of Florida high court ruling

January 20, 2020/in Florida Record

More opportunities for personal injury suits seen in wake of Florida high court ruling

By Michael Carroll | Jan 20, 2020

William Large

TALLAHASSEE – A Florida Supreme Court decision handed down last month will make it easier for plaintiffs to pursue personal injury lawsuits in pollution-related cases, according to those familiar with the case.

“I think the case is significant,” William Large, president of the Florida Justice Reform Institute, told the Florida Record. “Florida law now allows a statutory strict liability right of action for personal injury damages resulting from a discharge or other condition of pollution. Now a plaintiff can bring such a personal injury claim without having to prove negligence or causation.”

The state’s high court handed down its ruling on Dec. 19 in the case of Charles Lieupo v. Simon’s Trucking. A trial court initially awarded Lieupo, a tow truck driver, $5.2 million for injuries he sustained while coming into contact with corrosive battery acid after responding to a big-rig accident in north-central Florida, near Jasper.

The cause of the crash was due to the driver of the Simon’s truck suffering a heart attack, not negligence,

The First District Court of Appeal invalidated the damages award, based on its interpretation of a 1983 state water quality law. The appeals court found that a related 1970 statute did not permit recovery of damages for personal injury.

But the state Supreme Court last month stepped back from its decision in a previous case that the appeals court relied on and concluded the 1983 law does indeed allow for recovery for such damages.

Armando Edmiston, a personal injury attorney in Tampa, said the decision could expose businesses to a wide array of personal injury claims, even when the plaintiff is unable to show the defendant acted in a negligent manner.

“If you’re a business owner, you need regulations in place so you’re disposing of potentially harmful components in the correct manner,” Edmiston told the Record. He added that mass torts against companies handling materials improperly could also result from the ruling.

Lieupo’s initial damages award has been controversial because he also said he came into contact with fire ants while responding to the accident. Simon’s Trucking argued during the trial that Lieupo’s skin injuries may have been related to ant bites and a pre-existing condition.

https://flarecord.com/stories/523730322-more-opportunities-for-personal-injury-suits-seen-in-wake-of-florida-high-court-ruling

Florida Legislative Preview 2020: Industry Calls On Lawmakers to Reform Lawsuit Abuse

January 16, 2020/in The Insurance Journal

Florida Legislative Preview 2020: Industry Calls On Lawmakers to Reform Lawsuit Abuse

By Amy O’Connor | January 16, 2020

Florida Capitol

The Florida Legislature started its 2020 legislative session this week and lawmakers are set to consider a number of insurance-focused issues over the course of the 60-day period. At the top of the list for industry and consumer advocates are reforms to curb what they say are abuses of the state’s legal system that are hurting insurers’ bottom line.

The issue is of particular importance to industry stakeholders in light of recent news about financial issues in the state’s insurance market.

Last session, the insurance industry scored a big win with the passage of property insurance reforms addressing the abuse of a policyholder benefit known as assignment of benefits (AOB) after seven years of failed attempts. While the reforms have already begun to curb the abuse that experts said was causing an insurance market crisis, its effects in the short term haven’t yet reached the balance sheets of Florida carriers who are still dealing with past inflated claims.

In his Tuesday “State of the State” address to the Florida Legislature, Governor Ron DeSantis thanked lawmakers for passing AOB reform and said the legislation has already led to lower rates for 44,000 policyholders of the state-run insurer, Citizens Property Insurance Corp. He urged Florida lawmakers to target other lawsuit abuses.

“The legal system is supposed to be used for redressing concrete injuries and disputes,” DeSantis said. “It is not a game and shouldn’t be used as such. Reforms such as AOB that improve the legal climate here in Florida are welcome.”

William Large, president of the Florida Justice Reform Institute, praised the governor’s remarks.

“As Governor DeSantis said, Florida’s legal system is supposed to address real injuries and disputes, not to be used as a game. Those games clog the courts and frustrate Florida’s growth,” he said.

The explosion of AOB claims over the last several years and other market forces, including excessive litigation and losses from Hurricane’s Irma and Michael, have created a hazardous financial environment for many insurers, according to Demotech, which rates 46 Florida-based carriers. As a result, Demotech said last week that many of Florida’s domestic insurance carriers face rating downgrades in the coming days and weeks.

Industry advocates and consumer groups are urging the Florida Legislature to pass legislation this year that would help the state’s private market, including reforms to the excessive litigation.

“Market factors such as Florida’s crumbling legal environment and lawsuit abuse have had significant consequences in the insurance marketplace and made it challenging for companies to maintain A ratings,” said Logan McFaddin, vice president of state government relations for the American Property Casualty Insurance Association (APCIA). “The Florida Legislature needs to implement meaningful reforms during the 2020 Legislative Session that reduce lawsuit abuse and restore fairness to Florida’s legal system. APCIA looks forward to working with lawmakers during the upcoming session to address these critical issues.”

Paul Handerhan, president of the Federal Association for Insurance Reform (FAIR), said two bills have been introduced, both sponsored by Senator Jeff Brandes, that would target first party litigation abuses. Senate Bill 914 would provide that for certain attorney fees awarded for claims arising under property insurance policies, the maximum fee a court may award is a lodestar fee and prohibit the court from considering contingency risk or using a contingency risk multiplier.

The other bill, SB 1634, would revise requirements for the civil remedy notice provided to insurers and the Department of Financial Services; delete a requirement for certain persons acting on behalf of an insurer to provide certain notice before scheduling a meeting or onsite inspection for certain purposes; and require named insureds to provide insurers with a specified notice as a condition precedent to filing suit under a property insurance policy.

Brandes who is a member of the Florida Senate Banking & Insurance Committee, also sponsored SB 924 that would target civil actions against insurers. That bill provides that in third-party bad faith actions against insurers, insureds and claimants have the burden to prove that an insurer acted in reckless disregard for insured rights which resulted in damage to the insured or the claimant, according to the bill summary. It also would require in these claims that insured or claimant actions or inactions are relevant in bad faith actions; provide that an insurer is not liable if certain conditions are met; and provide that an insurer is not liable beyond available policy limits as to certain competing third-party claims if it files an inter-pleader action within a certain time frame.

APCIA’s McFaddin said bad faith reform in Florida is a top legislative priority for the association this year.

“Florida’s legal climate is one of the worst in the country, and rampant lawsuit abuse fueled by some plaintiffs’ attorneys is dramatically driving up costs for consumers and businesses,” she said. “Consumers’ rights to seek legal action will remain protected, but it is past time to implement reforms that will reduce lawsuit abuse, curb frivolous tactics, and begin to restore fairness to Florida’s legal system.”

Another issue that the APCIA and other industry and consumer advocates will be focused on this year is reform for auto glass claims abuse. This scheme also uses AOBs but instead targets windshield claims where policyholders sign over their insurance benefits for quick repairs to attorneys or auto shops who turn around and sue the insurer in order to collect fees. According to a November report from the Florida Justice Reform Institute, there were 17,000 auto glass suits in 2017, up from about 400 in 2006. The number of suits peaked in 2017 with 24,000.

Last year, auto glass was removed during negotiations from the AOB reform bill that passed .

For this session, the industry backed a House bill that would have called for prohibiting motor vehicle repair shops and employees from offering anything of value to customers in exchange for making insurance claims for motor vehicle glass replacement and repair, but its sponsor withdrew it (HB 169) last week. A Senate version (SB 312) was voted down. Still, McFaddin says the industry will keep pushing for legislation to be passed this session.

“The Governor and Florida Legislature took steps last session to protect homeowners from AOB property scams, and now lawmakers have an opportunity to bring similar protections to Florida motorists,” continued McFaddin. “APCIA urges Florida lawmakers to put a stop to AOB auto glass abuse during the 2020 Legislative Session.”

FAIR is also hoping to see legislation regarding the Florida Hurricane Catastrophe Fund’s ratemaking formula, which it says does not adhere to required standards because its underlying catastrophe model results are unidentified and there is no way for peer review or audit of the FHCF’s Ratemaking Formula Report.

“The FHCF takes in nearly $100 million in premium a month from policyholders,” FAIR said in a statement. “Shouldn’t Floridians have the right to know exactly how the FHFC rate is calculated?”

FAIR said legislative action could require more transparency into the FHCF’s ratemaking process. “FAIR is asking state regulators and legislators to develop and pass balanced and meaningful reforms to provide relief to Florida’s policyholders.”

https://www.insurancejournal.com/news/southeast/2020/01/16/554861.htm

Florida Reacts After Ron DeSantis Offers State of the State

January 14, 2020/in Florida Daily

Florida Reacts After Ron DeSantis Offers State of the State

By FLORIDA DAILY -01.14.20

With Gov. Ron DeSantis offering his second State of the State address on Tuesday,

Members of the DeSantis administration, not surprisingly, applauded the governor for his speech.

“I applaud Governor DeSantis on his State of the State address and commitment to removing burdensome regulations for hardworking Floridians. His leadership on occupational licensing reform is resulting in real improvements to the state’s business and professional climate. I look forward to continuing our work on these issues together in 2020 and throughout the legislative session,” said Department of Business and Professional Regulations (DBPR) Sec. Halsey Beshears.

“I thank Governor DeSantis for his leadership and guidance in keeping Florida’s citizens safe. Under the governor’s direction, FDLE is finalizing a threat assessment statewide strategy. This cutting-edge strategy will have a positive impact on public safety by identifying individuals on the pathway to violence and implementing a plan to manage or reduce the threat,” said Florida Department of Law Enforcement Commissioner Swearingen. “Governor DeSantis is also recommending the expansion of Florida’s statewide genetic genealogy program, additional resources for FDLE labs and bolstering the Criminal Justice Standards and Training Trust Fund used to provide training to Florida’s law enforcement officers. I look forward to working with the governor, Florida Cabinet and the Legislature in 2020.”

Members of the business community and their allies also praised the governor’s address.

“As Governor DeSantis said, Florida’s legal system is supposed to address real injuries and disputes, not to be used as a game,” said William Large, the president of the Florida Justice Reform Institute. “Those games clog the courts and frustrate Florida’s growth. With Governor DeSantis at the helm, Florida is a better place now, and with his leadership, Florida and its people will continue to grow and prosper.”

Terrie Rizzo, the chairwoman of the Florida Democratic Party, took aim at DeSantis in her take on his speech.

“Governor Ron DeSantis could have worked to start this new decade off on a plan that helps all Floridians, but instead he continues to push an agenda that creates haves and have-nots,” Rizzo said. “He heaps praise on charter schools while forcing public schools to compete with for-profit charters for public funds. He talks about raising pay in our schools but offers a plan that leaves senior teachers behind along with so many workers in our schools. DeSantis loves to talk about civil rights, yet he has continued to block the voting rights of Florida citizens that have served their time. DeSantis talks about lowering prescription drug costs, but his only solution is to tell people to buy Canadian. All the while, the governor has refused to expand Medicaid to hundreds of thousands of Floridians who need access to health care. DeSantis has a plan, it is a plan to leave working Floridians behind. Florida deserves better!”

https://www.floridadaily.com/florida-reacts-after-ron-desantis-offers-state-of-the-state/

A year ago in January, Ron DeSantis became FL Gov. DeSantis: What do you think about his first-year record?

January 7, 2020/in Florida Phoenix

A year ago in January, Ron DeSantis became FL Gov. DeSantis: What do you think about his first-year record?

By Michael Moline -January 7, 2020

Ron DeSantis

Republican Gov. Ron DeSantis of Florida. Photo by Joe Raedle/Getty Images

At an inaugural ceremony in Tallahassee on Jan. 8, 2019, former congressman Ron DeSantis was sworn in as Florida’s governor.

We’ve heard what DeSantis thinks of his first year in office – it was “an incredible year for Florida” with “historic accomplishments that are of the utmost importance to Floridians,” according to an assessment released by the governor’s aides last month.

The Florida Phoenix queried an array of figures active in political circles, including Republicans and Democrats, about their own takes on the Republican governor’s performance thus far. They didn’t all get back to us, but here’s what those who did had to say:

Gwen Graham, former congresswoman and 2016 Democratic candidate for governor:

“I don’t buy any of his record. The decisions that should be being made – whether we talk about education or the environment or voter rights – concern how do we make this state better for the lives of Floridians.

Gwen Graham, former congresswoman. U.S. House of Representatives.

He’s not willing to expand Medicaid, which is ludicrous.

In the area of the environment, the only area where he’s done any good is the Everglades, and the reason why is that he hates the sugar industry. With voter suppression, the Republicans in no way want Amendment 4 to be put into place because they know that means more voters who are not going to vote Republican for the most part.

“He goes to the Pulse nightclub and stands in front of a mural with his wife, but before he did that he refused to expand LGBTQ protections at the state level for anti-discrimination purposes.

It’s extremely disingenuous on the part of Ron DeSantis to claim that he’s an environmental governor, or that he’s an education governor, or that he cares about the LGBTQ community, or that he cares about the right to vote, or that he cares about the only process that Floridians have to have actually try to have their voice heard through the petitioning to place a constitutional amendment on the ballot.”

Susan McManus, distinguished professor emerita of political science, University of South Florida”

“The biggest DeSantis achievement was quickly bringing the state together after a highly contentious election. Pardoning the Groveland 4, targeting the environment, etc. He came out of the box being more of his own person than a Trump clone.”

Pamela Marsh, president, Florida First Amendment Foundation:

“First, we were pleased to see that, after the Florida Department of Law Enforcement declined to investigate the Greater Orlando Aviation Authority, Gov. DeSantis did not just drop the ball.

The First Amendment Foundation initially requested an investigation. The state attorney’s office with jurisdiction over the matter had a conflict and sent it over to FDLE.

FDLE declined to investigate with seemingly little thought, effort or interest. And, as a result, Gov. DeSantis issued an executive order assigning the investigation of the airport authority to an appropriate state attorney.

“Second, while some sources (citizens and reporters) have complained that the governor’s office has been slow to comply with public records requests, we have noticed some improvement in communication, compliance and outreach, when compared to the prior administration. Certainly, there have been some glitches, and there is always room for improvement from our perspective, it is good to see a renewed commitment to transparency.

“Now, if we could just persuade the Legislature from blasting more holes in the public records law by adding additional exemptions, we would be on our way in 2020!”

Aliki Moncrief, executive director, Florida Conservation Voters:

“The DeSantis administration has consistently touted its commitment to protecting the Everglades and addressing the red tide and blue-green algae crisis, which are two of the most important environmental issues facing Florida.

Akili Moncrief with Florida Conservation Voters, speaking at a press conference in the Capitol on April 9.

Keeping these issues at the forefront of public attention is helpful, but the administration has much more work to do. Florida needs not only deeper investments, but also stronger water protections to fix our long-term water quality issues. He must hold polluters accountable, and must also address the unfettered construction of roads and rampant sprawl, which together fuel our water problems.

“On Florida’s climate crisis, the governor continues to ignore the fact that our state’s dependence on fossil fuels is the main contributor to sea level rise, saltwater intrusion, and rising temperatures that are already harming Florida families.

While he remains focused on ‘resilience,’ it is difficult to see how Florida can make long-term progress by only treating the symptoms of crisis and not the root causes.

In his first year, DeSantis hired a chief resilience officer, Julia Nesheiwat, which is a step in the right direction. Moving forward, his administration must consider how to achieve 100 percent clean renewable energy for Florida’s economy and families.

“The governor’s proposal of $100 million for Florida Forever, while welcomed, unfortunately, lacks the necessary boldness needed to protect our dwindling conservation lands. The coming decade will be marked by dramatic growth, which must be balanced with robust conservation investments. Bold leadership would demand no less than the historic level of funding, $300 million annually.

“Last year, DeSantis and Florida’s legislative leadership failed to strengthen our environmental laws, advance clean energy, or protect wetlands and public lands.

In fact, they quickly passed bills to authorize three proposed toll roads through some of Florida’s best remaining natural lands. The governor’s support of the disastrous toll roads bill and weak funding for water and land conservation raise serious questions about whether his environmental commitments are just talk, and not enough action.”

Andrew Spar, vice president of the Florida Education Association:

“Gov. DeSantis has said he wants 2020 to be the ‘Year of the Teacher.’ What he has proposed so far is a flawed salary plan that fails to acknowledge teachers’ classroom experience and yet another bonus plan, following on the heels of six failed bonus plans over the past 13 years.

Andrew Spar, vice president, Florida Education Association. Credit: FEA.

All school employees need steady paychecks, not one-time bonuses that don’t help with qualifying for a mortgage or long-term budgeting. None of the governor’s proposals is likely to reverse Florida’s severe teacher shortage.

Midway of the school year, there are more than 2,400 teaching vacancies posted on district websites, about a 10 percent increase over January 2019. In August, more than 300,000 students started school without a qualified, permanent teacher.

“While DeSantis speaks highly of teachers, to date his most notable action toward education lies in driving money away from the public schools that educate more than 80 percent Florida’s children, in favor of putting that money into the pockets of charter corporations and private school operators who select the students they allow in their schools.”

Edie Ousley, vice president for public affairs, Florida Chamber of Commerce:

“Gov. DeSantis is indeed building a bolder, brighter future for Florida families, and his accomplishments will have long-standing and positive impacts. He appointed three new Supreme Court justices who understand that the proper role of the courts is to apply the law and Constitution as written, and we’re confident that his next two jurist appointments will be from the same mold.

Gov. DeSantis also led an unprecedented business development trade mission to Israel, and joined with the Florida Chamber in signing memorandums of understanding with our Israeli Chamber counterparts.

This, along with more than 20 additional MOUs the governor signed while in Jerusalem, will go a long way toward developing strategic partnerships that benefit Florida’s economy. And the governor’s leadership in career and technical education courses will help ensure Florida is No. 1 in workforce education by 2030.”

State Rep. Anna Eskamani, Democrat representing part of Orange County

“Probably the longest impact Gov. Ron DeSantis will have will be his Florida Supreme Court picks. A conservative bench means issues will be re-litigated with potentially very different outcomes, opening the door for new abortion restrictions, voter suppression tactics, and voucher school expansions.

“During his State of the State address last legislative session, the governor made sensational comments about restricting access to a safe and legal abortion. I have no doubt that he will sign the next anti-abortion restriction that gets to his desk, potentially leading to a judicial battle and a new interpretation of Florida’s right-to-privacy clause (or an interpretation that reinforces past decisions).

Either way, we should all be concerned and pro-active in advocating against new attempts to politically restrict abortion access.

“The governor has authority right now to pass an executive order that would provide LGBTQ protections to state employees, something that we spoke to him and the First Lady about when they made a last-minute visit to Pulse nightclub this past June. His inaction on the issues continues to leave LGTBQ workers behind.

The same can be said on the lack of proactive policy to take on polluters, encourage renewable energy development, and repeal preemption laws.“

William W. Large, president of the Florida Justice Reform Institute

“Governor DeSantis showed tremendous leadership by appointing three Florida Supreme Court judges who will say what the law is, not what they think it should be, and who show deference to the legislature as the rightful policy-making branch of government.

William W. Large, president, Florida Justice Reform Institute. Credit. FJRI website.

Now, with two more Florida Supreme Court appointments, Governor DeSantis has the opportunity to permanently stamp an incredible legacy on Florida’s legal environment.

Long after he completes his service as Governor of the State of Florida, his first accomplishment – restoring the Supreme Court to its proper role – will continue to reverberate.”

https://www.floridaphoenix.com/2020/01/07/a-year-ago-in-january-ron-desantis-became-fl-gov-desantis-what-do-you-think-about-his-first-year-record/

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