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Florida Justice Reform Institute

State Capitol Briefs

March 13, 2009/in News Service of Florida

 

News Service of FL

STATE CAPITOL BRIEFS – FRIDAY, MARCH 13, 2009

SANDS, CRETUL SPAR OVER OPENNESS OF BUDGET PROCESS
House Democratic Leader Franklin Sands on Friday renewed the Democratic charge that the real decisions about the budget are being made in GOP offices behind closed doors. House Speaker Larry Cretul responded that the process is now more open than ever and pointed to a legislative look at sales tax exemptions that is examining the worthiness of several tax breaks that were suggested for review by Democrats. Sands, D-Weston, particularly wants Democrats and the public to have access to the meeting at which “allocations,” are determined. That’s the decision about how much of the budget pie will be allocated to each budget subcommittee to appropriate. The process for deciding when splitting up the budget among major spending areas which committees will get what has always been a murky one, with House speakers always pronouncing the numbers with little apparent public input. “Would you please announce the time, place and location of when your leadership team will conduct its public meeting for establishing the size of the budget and setting allocations,” Sands urged Cretul in one of a series of back-and-forth press releases that bounced around the Capitol on Friday. “Floridians should have an opportunity to listen, or even participate, in such a meeting.” Cretul said that each member has been encouraged to suggest how the state’s money should be spent and renewed the call on Friday. “We urge Leader Sands and his members to bring forward their constructive ideas for how to balance the budget during these very difficult times,” Cretul said.

POLICE UNION JOINS WORKERS COMP FRAY
One of the state’s two major police unions, the Florida Fraternal Order of Police, on Friday came out against a measure that would restore caps on lawyers fees in workers compensation cases. The law had a schedule setting limits on attorney fees in such cases but it was thrown out by a Supreme Court decision last year. A bill (HB 903) moving through the Legislature would restore a cap on fees. The FOP said the system is flawed anyway, but would be made worse if the lawyer fee cap were restored. “At present, the Florida workers’ compensation system is so flawed that an injured first responder may not contract with an attorney and agree to pay an hourly fee,” the Florida FOP said in a statement released Friday. “Conversely, employers and insurance carriers can contract with the attorney of their choice and spend as much money as they desire defending claims which are wrongfully denied. This obvious inequity creates an uneven playing field which is fundamentally unfair.” The business community says restoring the caps is crucial for the economy, because without it, workers compensation insurance rates are expected to go up. “If the Legislature doesn’t act and reinstate the limits on attorneys’ fees, Florida businesses and employers will experience a significant increase in the cost of doing business during these tough economic times,” William Large, president of the Florida Justice Reform Institute, which advocates for lawsuit limits, said in a recent statement backing the bill. Large argues that lawyers – not claimants – would be the main beneficiaries if attorneys’ fees aren’t capped.

ABRAMS NAMED TO PB COUNTY COMMISSION TO REPLACE MCCARTY
Former Boca Raton Mayor Steven Abrams was named Friday by Gov. Charlie Crist to fill the vacancy on the Palm Beach County Commission left by the resignation of Mary McCarty. Abrams, 50, is currently an attorney. He gained national attention during the 2001 anthrax attacks that killed a man in Boca Raton. Abrams has also worked in the White House as a law clerk to now-Supreme Court Justice John Roberts when Roberts was Counsel to President Reagan. Crist made the announcement at a Palm Beach County news conference Friday. McCarty stepped down from the commission in
January facing federal corruption charges. Prosecutors allege she didn’t disclose financial interests in decisions she made on the board or favors she received from a hotel contractor.

PROPOSED RULE WOULD BAN TURTLE TAKING
Staff at the Florida Fish and Wildlife Conservation Commission have drafted a rule that ban the commercial take or sale of wild freshwater turtles from Florida waters. The rule is broad, barring not only the taking of turtles on the imperiled species list, but also those that look similar to the imperiled species, including common snapping turtles. It also would prohibit the collection of turtle eggs. The rule
would allow for individuals to catch one freshwater wild turtle a day for non-commercial use. Another exception would allow turtle farms under some circumstances to collect turtles for breeding purposes for two more years. The draft rule would still have to be approved by the full commission. It will first go to the commission for preliminary approval at the April 15 meeting in Tallahassee and then if approved there would be up for final approval at the commission’s June meeting in Crystal River. The proposal was praised by conservationists. “Scientists who study Florida’s turtles believe this rule, ending commercial hunting of wild turtles and closing loopholes in the protection of listed species, will solve the serious problem of overexploitation,” said turtle expert Matt Aresco, who directs Nokuse Plantation, a private wildlife refuge in the Florida Panhandle. “The FWC and Gov. Charlie Crist, who asked the commission to ban wild turtle hunting, are showing true stewardship for Florida’s natural resources.”

–END– 3/13/2009

https://new.newsserviceflorida.com/app/post.html?postID=747

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Florida Justice Reform Institute

Courts, Lawyers, Businesses Ally In Fight For More Courts Money

January 16, 2009/in News Service of Florida

 

News Service of FL

COURTS, LAWYERS, BUSINESSES ALLY IN FIGHT FOR MORE COURTS MONEY

By KATHLEEN HAUGHNEY
THE NEWS SERVICE OF FLORIDA

MIAMI, Jan. 16, 2009……..Florida’s top legal professionals are embarking on a lobbying effort to stop lawmakers from cutting money fromthe state’s court system.

Slicing the court budget, lawyers and judges said Friday, will affect all Florida residents by decreasing the efficiency of the courts.

Over a two-year period, the Florida courts budget has been cut by about 10 percent and had 280 jobs eliminated. If Gov. Charlie Crist approves a budget reduction passed by lawmakers this week, the state court system’s budget will stand at just more than $433.2 million. Last year, the court operated under a $491.2 million budget.

The Florida Bar for the past few months has been soliciting comments from around the state on how budget cuts have impacted the efficacy of the court system.

The answers: Thousands of foreclosure cases are clogging the courts; business lawsuits are taking months to resolve; and rising court costs have stopped families in the middle of divorce from taking action.

Public defenders have also complained that they can no longer handle their caseloads. The Miami-Dade public defender even filed a lawsuit to free the public defender’s office from taking all cases.

“This is the third branch of government. It’s embarrassing that we don’t fund them at the same level we fund ourselves,” said Rep. J.C. Planas, R-Miami, who is also a practicing attorney.

Chief Justice Peggy Quince, along with other members of the court system and the Bar have allied to push for additional money for the courts.

Business leaders have joined the lobbying effort as well, tying the court system and economy directly together. A study by the Washington Economics Group concluded that $17.4 billion in Florida’s economic output is lost due to civil case delays each year.

William Large, president of the Florida Justice Reform Institute, an organization that advocates for the tightening of lawsuit rules, said the court’s lack of funding sometimes slows down its ability to issue judgments quickly. For businesses often engaged in litigation, that’s bad news.

“Because of the cuts to the judiciary here in Florida, we’re seeing Fortune 500 companies moving to Alabama and other states instead of Florida,” Large said.

Trust funds, like a couple new ones established by the Legislature this past week, are a good first step, many said. But there is no guarantee that lawmakers will not raid the fund in the future, leaving the courts without a source of income.

Lawyers and members of the judiciary who were in Miami Friday for a Florida Bar summit on state court funding said the cuts in this latest special session were not nearly as bad as they thought they would be. 

But it still wasn’t entirely good news.

“I guess we can be thankful it wasn’t worse,” said Bar President Jay White.

–END– 1/16/2009

https://new.newsserviceflorida.com/app/post.html?postID=1025 

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