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Union threatens complaint on DCF pay raises
Claiming that supervisors will get more money than "frontline troops," the union representing most state workers Monday threatened to file a legal challenge against a pay-raise plan for Florida's beleaguered child-protection workers.
"This goes back to Service First," said AFSCME state president Jeanette Wynn, citing Gov. Jeb Bush's two-year-old civil-service reforms. "They don't want to deal with frontline troops. They want to get rid of long-serving employees."
But Jerry Regier, secretary of the Department of Children & Families, said the agency has worked out an equitable division of the "performance path" pay hikes for about 3,000 DCF workers... 9/9/03

US House to vote Thursday to gut overtime protections

U.S. House Republican leaders have scheduled a vote for Thursday on a bill to take away overtime pay for millions of people. The bill, called H.R. 1119, would let employers offer comp time instead of overtime pay--but bosses would have complete control over when--or even if--a worker could really take time off.

Please take one minute to do these two things to stop this awful legislation. Even if you've acted before, WE NEED YOU TO ACT AGAIN before Thursday.

First, click on the link below to fax your U.S. representative. Tell him or her to oppose H.R. 1119. http://www.unionvoice.org/campaign/otvotejune5/6gdapjxw7

Then, click on the link below to ask your friends, family and co-workers to send their fax to Congress. The more people who take action, the better chance we have of winning. http://www.unionvoice.org/campaign/otvotejune5/forward/6gdapjxw7

This congressional attack on overtime is just one part of a two-pronged assault on workers' paychecks. In addition to this legislation, the Bush administration is pushing for new rules to take away overtime pay that could go into effect as soon as September of this year. The combination of these changes with congressional legislation, discussed above, would push overtime protections back 70 years and turn them into meaningless "suggestions" instead of laws employers must obey.

And, new analysis shows millions will lose overtime pay, including firefighters, police officers, nurses, retail clerks, certain medical technicians, military reservists, tech workers and many, many more.

From now until June 30, the U.S. Department of Labor is accepting public comments on the proposal to take away overtime pay, reduce overtime protections and cut the take-home pay of millions of America's workers. You can easily submit your letter of opposition right now by clicking on the link below. A copy also will be sent to President Bush. http://www.unionvoice.org/campaign/overtime4dol/6gdapjxw7

Overtime pay makes up about one-fourth of the average weekly earnings of workers who receive it. That is an average pay cut of $161 a week and can add up to thousands of dollars a year. Can you imagine the government cutting the pay of a firefighter by thousands of dollars per year? How much would you lose? These overtime pay changes are like a giant new tax on working families by a president who, at the same time, works hard to give tax breaks to millionaires.

Please act today. 6/3/03

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5/01/03   AFSCME Florida Council 79
LEGISLATIVE UPDATE

BILLION DOLLAR BABIES: HOUSE AND SENATE STILL APART ON BUDGET
The regular legislative session will extend beyond its May 2 end date to finalize the state budget. Senate President Jim King, R-Jacksonville, and House Speaker Johnnie Byrd, R-Plant City, haggled directly with each other over their $1.5 billion in budget differences. As the clock ticked down (the budget must sit on legislators desks for 72 hours before it can be voted on), there remained a $495 million gap so negotiators went home for the weekend without meeting.

The longer the issues remain unresolved, the stronger is Senate's position, which includes raises for state employees and fewer budget cuts. Our own wish is for the differences to stick so that legislators will go home for awhile and reconvene for a special session in June. The would leave hope that economists will raise revenue forecasts in light of better economic news. A break will allow us to build pressure in legislator’s home districts for better funding.

So much hangs in the balance for the entire Council 79 family:

·       several thousand jobs; pay raises for state and university workers;

·       health insurance benefits and costs; privatization of two state institutions (Northeast Florida State Hospital in Macclenny and South Florida Evaluation and Treatment Center in Miami);

·       continued privatization of Department of Children and Families and more privatization in the Department of Transportation;

·       school-funding cuts and more privatization;

·       service cost pass-throughs to county governments; and

·       Medicaid funding cuts for big city hospitals like Shands Jacksonville and Jackson Memorial Hospital.

Included with this update is contact information for House and Senate budget negotiators as well as the entire chambers. If you care about your jobs, benefits and quality of life, then tell your legislator how you feel about the budget!

SALES TAX HOLIDAY
CS/SB 474 Relating to Florida Residents' Tax Relief Act (Senate version of the "Sales Tax Holiday") would provide coverage only for a long weekend on school supplies and books at about one-third the cost of the House’s proposal; the bill passed the Senate Commerce, Economic Opportunities and Consumer Services Committee by an 11-1 vote; and is now in the Senate Finance and Tax Committee. HB 137 Sales Taxes/Clothing/School Supplies is on House Floor on third reading.

MEDICALLY NEEDY
Late Wednesday afternoon, the Senate unanimously voted for a bill to protect Medically Needy, which faced drastic cuts taking effect May 1. The legislation SB 2322 by Sen. Durrell Peaden, R-Crestview, went to the House, where lawmakers unanimously passed the legislation shortly after 11 p.m.

LEGISLATURE WANTS TO JACK UP STATE GROUP HEALTH INSURANCE
Despite our cautions, the Senate Appropriations Committee passed out SB 1006 State Employee Health Insurance by Sen. Steve Wise, R-Jacksonville, which would create a third, more expensive level of coverage along with a new four-tier premium designation and would undo the state’s percentage share of coverage. The bill goes to the Senate floor calendar. In the House, HB 1881 by Rep. Connie Mack, R-Fort Lauderdale, is in House Appropriations.

PUBLIC EMPLOYEE PER DIEM AND EXPENSES
Our CS/SB 2672 Per Diem And Travel Expenses by Sen. Al Lawson, D-Tallahassee, passed out of Senate by a 33-6 vote and is in Messages, while HB 1335 by Rep. Loranne Ausley, D-Tallahassee, received a committee substitute and passed 6-0 out of House State Administration. Both bills now avoid having fiscal impact in 2003 by allowing each branch of state government (as well local governments) determine whether to apply new maximum rates (funds to come from within existing appropriations). The bills would raise the total overnight per diem rate to $94; raise the maximum mileage reimbursement to 37 cents; the breakfast allowance to $5; lunch to $11; and dinner to $22.

However, the House passed an amendment by Rep. Thomas Anderson, R-Dunedin, that struck state employees out of the bill. The amendment passed 71-44 with all Republicans voting to take state employees out of the bill, all Democrats voting against the amendment and five Republicans (Reps. Allen, Dean, Fiorentino, Kilmer, and Pickens) making a good vote against the bad amendment.

LIVING WAGE
The Senate passed SB 54 Local Government/Minimum Wage by Sen. Lee Constantine, R-Altamonte Springs, which would prevent local ordinances from forcing private sector to adopt any pay over the federal minimum wage. The bill exempts governments themselves, vendors who do business with government and the previously passed “Living Wage” laws in Miami-Dade, Broward, Palm Beach and Miami Beach. The bill now goes to the House.

STATE UNIVERSITIES AS SUCCESSOR EMPLOYERS
Our SB 2112 Public Employers by Sen. Rod Smith, D-Gainesville, ensuring a successor relationship at State Universities, ran into resistance and negative comments from the lobbyists from several of the universities, forcing us to testify and use some political chits to gain passage out of the Senate Education Committee. The bill's next stop is Government Oversight and Productivity Committee, but university opposition has made the bill controversial and therefore unlikely to be withdrawn from committee to the Senate floor.

WORKERS’ COMPENSATION
SB 1132 Worker's Compensation by Sen. Charlie Clary, R-Destin, passed as a committee substitute (unfortunately no help for injured workers) out of the Senate Appropriations Committee by a 10-5 vote and goes to the Senate floor. A worse version HB 1837 by Rep. Kim Berfield, R-Clearwater, was abruptly taken off the House Board when an amendment passed to force insurance company lawyers not to exceed fees of worker attorneys. We expect a whole lot of arm twisting before it goes to final passage.

MEDICAL MALPRACTICE
The Senate passed medical malpractice bills that are vastly different from their House counterparts. The Senate would require insurance companies to roll back rates to 2002 levels (about 20 percent cut from current), grant some immunity to doctors in emergency situations and limit hospitals' liability to $2.5 million in the emergency room. The House version caps all malpractice noneconomic damages to $250,000 and has no rate rollback. Gov. Jeb Bush favors the House position, but the issue coupled with the stalemate on budget looks destined to go to a special session.

CLASS SIZE REDUCTION
The full House voted 77-38 on a "Class Size Reduction" package amending CS/SB 1436 so that the bill would expand vouchers, reduce the time and credits required to get a high school degree and provide for teacher bonuses. This response to the constitutional amendment passed November is almost completely opposite the Senate position in the original version of CS/SB 1436. Another ideological taffy pull is in order.

SENATE BUDGET NEGOTIATORS
Senator Pruitt, Chair
Senator Wasserman Shultz, Vice Chair

At Large
Senator Diaz de la Portilla
Senator Jones
Senator Klein
Senator Lee

Article V Implementation and Judiciary
Senator Smith, Chair
Senator Aronberg
Senator Haridopolos
Senator Villalobos
Senator Wise

Criminal Justice
Senator Crist, Chair
Senator Argenziano
Senator Constantine
Senator Dawson
Senator Fasano

Education
Senator Carlton, Chair
Senator Bennett
Senator Cowin
Senator Miller

Appropriations General Government
Senator Clary, Chair
Senator Bullard
Senator Dockery
Senator Lawson
Senator Lynn

Health and Human Services
Senator Peaden, Chair
Senator Garcia
Senator Wilson

Transportation and Economic Development
Senator Webster, Chair
Senator Atwater
Senator Hill
Senator Sebesta
Senator Siplin

HOUSE BUGDET NEGOTIATORS
Rep. Kyle, Chair

At Large
Reps. Harrington, Murman, Greenstein, Berfield

Judicial Appropriations
Rep. Negron (Chair)
Rep. Benson
Rep. Kottkamp
Rep. Gelber
Rep. Mahon
Rep. Ross
Rep. Seiler
Rep. Adams (Alternate)

Health & Human Services
Rep. Green (Chair)
Rep. Brown
Rep. Murman
Rep. Garcia
Rep. Fiorentino
Rep. Slosberg
Rep. Farkas
Rep. Gottlieb
Rep. Domino (alternate)

Education
Rep. Simmons (Chair)
Rep. Kilmer
Rep. Baxley
Rep. Pickens
Rep. Mayfield
Rep. Stansel
Rep. Mealor
Rep. Arza
Rep. Sansom (alternate)

General Government
Rep. Brummer (Chair)
Rep. Paul
Rep. Bowen
Rep. Spratt
Rep. Mack
Rep. Machek
Rep. Reagan (alternate)

Transportation and Economic Development
Rep. Waters (Chair)
Rep. Russell
Rep. Gardiner
Rep. Kendrick
Rep. Evers
Rep. Clarke
Rep. Rivera (alternate)

Public Safety
Rep. Bilirakis (Chair)
Rep. Barreiro
Rep. Bean
Rep. Needelman
Rep. Holloway
Rep. Carassas
Rep. Dean (alternate)

In Solidarity,

Jeanette D. Wynn
President
AFSCME Florida Council 79
111 N. Gadsden St., Suite 100
Tallahassee, FL 32301
www.afscmefl.org
TF:  (800) 541-0584
PH: (850) 222-0842
FX:  (850) 224-2961
Offices in Tallahassee, Jacksonville, Gainesville,
Tampa, Orlando, Daytona Beach, and Miami

This legislative information was provided to you courtesy of the dues-paying members of AFSCME Florida Council 79, "The Voice of Florida's Public Employees." We are the Florida council of the American Federation of State, County and Municipal Employees, AFL-CIO. AFSCME Florida is the state's second-largest union, representing more than 110,000 employees working for the state, public universities, school boards, cities and counties, and private nonprofit hospitals. If you are an AFSCME member, please use this service to inform yourself and your coworkers on issues of interest to you. If you are not a member, please note the great services and advocacy we provide to our members and contact us about giving you a voice in changing your workplace for the better.

4/22/03

KEEP UP THE PRESSURE!
BUDGET STALLS,
BUT GOOD BILLS MAKE PROGRESS

THE SENATE
Positioning and politics continued even as both Senate and House took a short recess for the Passover and Easter holidays. While there remains a $1.5 billion difference in their respective budgets, no agreement has been reached on procedures or even a revenue starting point. Senate President Jim King, R-Jacksonville, has not yet appointed budget negotiators and told senators in session Wednesday (April 16) "not to give up their apartments or hotel rooms"(the session is scheduled to end May 2) and "to use the long weekend to check key constituents and prepare them."

THE HOUSE
House Speaker Johnnie Byrd, R-Plant City, called for Senate to take up the House budget. Speaker Byrd then named the following representatives as House budget negotiators:

Judicial: Chair Joe Negron, R-Stuart; Holly Benson, R-Pensacola; Jeff Kottkamp, R-Cape Coral; Dan Gelber, R-Miami Beach; Mark Mahon, R-Jacksonville; Dennis Ross, R-Lakeland; Jack Seiler, D-Pompano Bach; alternate Sandy Adams, R-Oviedo.

Health and Human Services: Chair Carole Green, R-Fort Myers; Sandy Murman, R-Tampa; Rene Garcia, R-Hialeah; Heather Fiorentino, R-New Port Richey; Irv Slosberg, D-Boca Raton; Frank Farkas, R-St. Petersburg; Ken Gottlieb, D-Miramar; Carl Domino, R-Palm Beach Gardens.

Education: Chair David Simmons, R-Altamonte Springs; Bev Kilmer, R-Marianna; Dennis Baxley, R-Ocala; Joe Pickens, R-Palatka; Stan Mayfield, R-Vero Beach; Dwight Stansel, D-Wellborn; David Mealor, R-Lake Mary; Ray Sansom, R-Fort Walton Beach.

General Government: Chair Fred Brummer, R-Apopka; Jerry Paul, R-Port Charlotte; Marty Bowen, R-Winter Haven; Joe Spratt, R-Sebring; Connie Mack, R-Fort Lauderdale; Richard Machek, D-Delray Beach; Ron Reagan, R-Sarasota.

Public Safety: Chair Gus Bilirakis, R-Palm Harbor; Gustavo Barriero, R-Miami; Aaron Bean, R-Fernandina Beach; Mitch Needleman, R-Palm Bay; Tee Holloway, D-Miami; John Carassas, R-Largo; Charles Dean, R-Inverness.


EXPANDING STATE GROUP INSURANCE TO SCHOOL DISTRICTS
Our HB 157 Expanding the State Group Health Plan to allow inclusion of School Districts by Ray Sansom, R-Fort Walton Beach, passed the House State Administration Committee 4-0 and goes to the Local Government and Veterans Affairs Committee. The Senate counterpart SB 426 by Charlie Clary, R-Destin, is in the Senate Appropriations Committee.

CITY OF JACKSONVILLE/CIVIL SERVICE
The House State Administration Committee passed out HB 371 City of Jacksonville/Civil Service by Rep. Don Davis, R-Jacksonville Beach, would restructure the Jacksonville Housing Authority, but would "grandfather" current employees in Career Service. This bill is ready for the House floor calendar.

WORKERS' COMPENSATION: THE BAD AND THE MERELY UGLY
HB 1837 Workers' Compensation is an awful conglomeration of five workerscomp bills that cuts benefits to workers with a slight increase in death benefits and provides no relief to doctors on on their reimbursement. HB 1837 passed the State Administration Committee and now goes to the House floor calendar.

CS/SB 1132 Workers' Compensation by Charlie Clary, R-Destin, passed 10-2 out of the Senate Banking and Insurance Committee. While this bill is not as bad as the House product, it needs a lot of work. Lt. Gov. Toni Jennings (the former Senate president) is optimistic that there will be a resolution to workers' compensation. The Senate's rejection of monetary caps on "pain and suffering" awards and its insistence on insurance rate roll backs makes a special session likely on medical malpractice.

HOUSE CONSIDERING SALES TAX HOLIDAY
Despite the impending train wreck with the Senate on spending and revenue, the House Appropriations Committee by a 30-7 vote passed HB 137 Sales Tax Holiday Clothing/School Supplies by Rep. Bev Kilmer, R-Marianna, which now goes to the House floor calendar.

SENATE ROLLS PER DIEM/TRAVEL BILL TO THIRD READING
The Senate moved our SB 2672 Per diem and Travel Expenses by Sen. Al Lawson, D-Tallahassee, to third reading, and then (in the hopes that something might get through a reluctant House), Senator Lawson amended SB 2672 onto CS/SB 1426 Municipalities/ Per Diem & Travel by Sen. Bill Posey, R-Rockledge.

BAD LIVING WAGE BILL NEARS SENATE PASSAGE
The Senate also moved SB 54 Local Governments/Minimum Wage by Sen. Lee Constantine, R-Altamonte Springs, to third reading after rejecting an AFL-CIO drawn mendment to allow the issue to be taken to local voters.

4/15/03

LEADERS DIG IN FOR BUDGET BATTLE TO BRIDGE $1.5 BILLION DIFFERENCE

Final passage of the respective budgets in the House and Senate only brought more posturing as the two chambers dig in for conference committee negotiations to hammer out the differences in their spending plans. However, the rhetoric and $1.5 billion gulf between them does have Leadership starting to talk already about not finishing on time (May 2).

HOUSE DEBATES SHAM TAX BILL
House Speaker Johnnie Byrd, R-Plant City, was especially provocative in calling a "Select Committee of the Whole (all 120 House members)" to denounce (in a scripted anti-tax message) and then unanimously vote down a bill by Sen. Debbie Wasserman-Schultz, R-Weston, that would create a statewide impact fee to fund school construction. That bill was not even before the House because it had only passed one committee and had additional committee stops before it could go to the Senate Floor. House. Democratic Leader Doug Wiles called the process a sham on the House Floor, but then joined Republicans in voting against the bill. An impact fee is surely not the best way to raise revenue, but Representative Wiles became unwitting cohort against tax reform.

SENATE BUDGET INCLUDES SOUTH FLORIDA HOSPITAL PRIVATIZATION
Another issue that we will have to watch (which has not been referenced in previous legislative updates) during budget negotiations popped up on lines 410-419 of the Senate budget (SB 2500) in proviso language stating: "the Department of Children and Families may use a private contractor to finance, design, construct and operate a replacement facility for the South Florida Evaluation and Treatment Center in Miami."

AFSCME SAVES CAREER SERVICE FOR BLIND SERVICES
Our efforts to preserve Career Service status for workers in the Department of Education's Division of Blind Services paid off! Just prior to the House State Administration Committee hearing on HB 1215 Blind Services by Rep. Dennis Baxley, R-Ocala, we were advised that Sen. Steve Wise, R-Jacksonville, (the sponsor the identical SB 2126) had requested a new committee substitute would specifically have employees in Bind Services maintain their Career Service status. CS/HB 1215 then passed out of State Administration by 6-0 (next stop House Education K-20 Committee) and then CS/SB 2126 similarly passed in Senate Education Committee the next day (its next stop is the Senate Appropriations Committee).

UNIVERSITY "SUCCESSOR" BILL MOVING IN THE HOUSE
HB 1437 Public Employers by Rep. Bob Allen, R-Merritt Island, would create a "successor"relationship for unions at the various state universities in response to attempts by the university boards of trustees to void collective bargaining and force unions to recertify their units. This good bill passed 5-1 in the House State Administration Committee after we provided clarifying testimony. It next goes to the Senate Education K-20 Committee.
 

4/7/03

HOUSE & SENATE READY BUDGETS; PRESSURE POSTPONES BAD BILLS

Last week, the House and Senate separately explained and amended their budgets (appropriations and implementing bills) on second reading. The chambers are scheduled to pass their respective budgets on Tuesday, April 8, on third reading. The very different House and Senate budgets then will go to a joint conference committee where negotiators will hammer out the differences. The Budget Conference Committee likely will start meeting by week’s end. Call your legislators and tell them to support raises for state and university employees!

SENATE PUTS STATE & UNIVERSITY RAISES IN BUDGET

The Senate appropriations bill (SB 2500) took on four significant amendments, boosting it to $1.5 billion more than the House budget. Important to AFSCME was an amendment sponsored by Sens. Al Lawson, D-Tallahassee, Nancy Agenziano, R-Crystal River, and Anna Cowin, R-Leesburg, that funds $144.7 million in line 1945L “to implement state  employee salary increases to be determined by the Legislature after resolution of collective bargaining economic issues at impasse.” Wrapped around this line item are “grants to continue wages to Florida residents on extended active military leave.” We estimate this to be a 2.5-percent, across-the-board increase for all state and university employees.

SENATE PASSES UNEMPLOYMENT HELP FOR LOW-WAGE WORKERS

The Senate implementing bill (SB 2502) was amended to provide for Unemployment Compensation calculations to be based on an “alternative base period.” This has long been a top priority of the AFL-CIO and Florida Legal Services because it would finally allow benefits to go to many seasonal, low wage workers who need them most.

HOUSE BUDGET LACKS RAISES AND CUTS UNIVERSITIES

The House appropriations bill (HB 1989) neglects raises for state and university employees; nor does it include the “alternative base” for Unemployment Compensation. Unlike the Senate, it contains big cuts for state universities while allowing individual universities to raise tuition up to 12.5 percent. There is no corresponding increase in “Bright Futures” scholarship money or need-based scholarships.

HOUSE PLAN WOULD PRIVATIZE NORTH FLORIDA HOSPITAL

The House appropriations (HB 1989) proviso language and implementing bill (HB 1991) both would privatize North Florida Psychiatric Hospital in Macclenny, affecting 1,400 positions.

HOUSE WANTS MIAMI-DADE SCHOOL OVERSIGHT COMMITTEE

The House budget would reauthorize the Miami-Dade County Schools Facilities, Land Acquisition, Maintenance and Transportation Advisory Committee; and hold back $15 million from the school system until there is “compliance by the Miami-Dade School Board with Advisory Committee recommendations.”

SENATE COMMITTEE APPROVES SCHOOL WORKER BENEFIT

In the Senate Governmental Oversight and Productivity Committee last week, AFSCME testified in favor of SB 1484 School Board Employees/Death Benefit by Sen. Al Lawson, D-Tallahassee. This good bill passed 7-0 and now goes to the Senate Education Appropriations Committee.

SENATE CONSIDERING TRANSFERRING STATE DIVISION OF RETIREMENT

The Senate Governmental Oversight and Productivity Committee last week took up CS/SB 1258 that would transfer the Division of Retirement from the Department of Management Services to the State Board of Administration. Although Chief Financial Officer Tom Gallagher’s staff testified against it, the bill passed 7-0 and now goes to the Senate General Government Appropriations Committee.

BAD STATE HEALTH INSURANCE BILL MOVING

An empty shell bill on State Group Health Insurance (CS/SB 1006) by Sen. Steve Wise, R-Jacksonville (the chairman of the), has been given a rewrite that would create a four-tier contribution structure; expand choice at a price to a PPO standard plan, HMO or new PPO Plus; take away the employer-paid spousal benefit. We testified long and hard that the changes were too much, too soon; and that our SB 426 (by Sen. Charles Clary, R-Destin), offering school districts the chance to opt in to the state health plan, was moving. Senate Governmental Oversight and Productivity Committee passed the bill 7-0, but CS/SB 1006 has three more committee stops (next is General Government Appropriations).

AFSCME PRESSURE POSTPONES SCHOOL SERVICE ACCOUNTABILITY ACT

Sometimes our best allies are time and working hard. A prime example happened last week in the Senate Education Committee at the hearing for SB 1412 School Service Accountability (privatization!) Act by Sen. Steve Wise, R-Jacksonville. This terrible bill would force school boards to put transportation, food service and maintenance/janitorial out for bid every year. Committee Chairman Sen. Lee Constantine, R-Altamonte Springs, decided to temporarily postpone the bill after our troops made numerous contacts and a long lineup of speakers had signed up to testify at the committee hearing.

NOW WE CAN KILL THE SCHOOL SERVICE ACCOUNTABILITY ACT

Postponement means we have another chance to kill SB 1412 School Service Accountability (privatization!) Act by Sen. Steve Wise, R-Jacksonville, again in the Senate Education Committee, where it is scheduled to be heard at 1:45 p.m., Wednesday, April 9, 2003, in Room 412, Knott Building.

Get more information in a separate AFSCME Legislative Alert or online at www.afscmefl.org. Contact members of the Senate Education Committee to oppose SB 1412!

PRESSURE ALSO POSTPONES PRIVATIZATION OF BLIND SERVICES

The Senate Education Committee last week also postponed CS/SB 2126 by Sen. Steve Wise, R-Jacksonville, which would change the make up and authority of the Department of Education’s Division of Blind Services and remove our represented workers from Career Service. The committee and sponsor agreed to delay this bad bill after hearing long testimony in opposition from AFSCME and blind advocates.

The Senate Education Committee will hear the postponed CS/SB 2126 at 1:45 p.m., Wednesday, April 9, 2003, in Room 412, Knott Building. Keep up the pressure to block privatization!

BAD LIVING WAGE BILL PENDING IN SENATE COMMITTEE

The Senate Comprehensive Planning Committee passed SB 54 Local Government/Minimum Wage by Sen. Lee Constantine, R-Altamonte Springs. This bad bill would prohibit local ordinances from forcing private-sector companies from paying more than the federal minimum wage, but would exclude local governments themselves and their contractors.

The committee had temporarily postponed SB 54 but passed the bill last week after a lengthy debate. Sen. Skip Campbell, D-Tamarac, (a potential Democratic candidate for the U.S. Senate) invoked a parliamentary procedure wherein he voted for the bill and then moved to reconsider it just before the time certain end of the meeting. The reconsideration motion leaves the bill “pending” until the committee’s meeting this week. Senator Constantine, the sponsor, told us he will accept several amendments proposed by the AFL-CIO “even though they will still oppose bill.”

 3/31/03

Senate and House Budgets
Both the Senate Appropriations Committee and House Appropriations Committee moved their respective budgets (SB 2500 in Senate; HB 1789 in House) and implementing bills (SB 2502 in the Senate; HB 1791 in the House) with only technical amendments. The budget bills will be on the floors of their respective chambers this week and are expected to be voted out by week's end.

SENATE: The Senate's $52.3 billion budget refuses to raid many trust funds and leaves high profile issues like Medically Needy, juvenile justice, teacher pay raises and prescription drug assistance unfunded; but maintains Bright Futures scholarships at current levels, keeps the State Library, and cuts fewer state positions.

HOUSE: The House's $53.4 billion budget moves more than $1 billion in nonrecurring trust and reserve funds to General Revenue, providing partial funding for the Medically Needy program and the PACE (education/residence program for juvenile girls) program; but cuts more state jobs, university allocations, and scholarship monies.

Senators bemoaned their plan, begging for help in pushing revenue enhancements and taking solace that they "weren't as bad as the House." House Speaker Johnnie Byrd, R-Plant City, and his top lieutenants continue their mantra that the state "must live within our means." Neither budget bill includes money for state or state university pay raises; both budgets would boost health premiums by 16 percent.

Revoting Constitutional Amendments
Several Democrats (Sens. Ron Klein of Delray Beach and Dave Aronberg of Greenacres; Rep. Susan Bucher of West Palm Beach) have broken ranks and are prepared to support legislation to place the "High Speed Rail" constitutional amendment (passed 2000) back on the ballot in 2004. Both Houses must approve by a three-quarters vote to place the amendment back on ballot. As reported previously, the Senate and House Democratic Caucuses had voted not to support Gov. Jeb Bush's call to send both the "High Speed Rail" and the "Class Size" (passed in November) amendments back to the people. AFSCME opposes revoting the constitutional amendments.

Collecting Tax on Remote Sales
The Senate Finance and Taxation Committee pushed out CS/SB 1776, which would help the state collect sales tax on remote sales (Internet, catalog, and phone). The bill is supported by the Florida Retail Federation, the Florida School Boards Association and AFSCME. It is estimated that an additional $2.2 billion would be added to state revenues. There are still three committee stops before the bill reaches the Senate floor.

The Senate Finance and Taxation Committee also passed SB 1670 and SB 1696, both by Sen. Bill Posey, R-Rockledge, which would eliminate sales tax exemptions for ostrich feed ($25,000) and stadium skyboxes ($750,000). We believe these two bills should be just the first of more than $2 billion in sales tax exemptions that ought to be repealed as no longer serving their original purpose. Governor Bush and House Speaker Byrd have vowed to oppose the elimination of any sales tax exemptions.

Private School Vouchers
The House, after an extremely difficult debate using patriotism as a wedge, passed (74-43) HB 805 (by Republican Reps. Carey Baker of Eustis and Frank Attkisson of Kissimmee) that would make private school vouchers available to children of military personnel. The bill would expand an existing program for low income children that grants tax credits to businesses funding private school vouchers.

There currently is no companion in Senate, but Sen. Mike Fasano, R-New Port Richey, has indicated he will bring it up as chairman of the Senate Military Affairs Committee.

Paycheck Deception
Despite our strong testimony in opposition, the House State Administration Committee approved 4-1 (Rep. Wilbert "Tee" Holloway, D-Miami, voted against) HB 1357 (Deduction and Collection of a Bargaining Agent's Dues and Uniform Assessments) by Rep. Fred Brummer, R-Apopka, which is aimed at the teachers' union. There are no other substantive committee stops before the bill goes to the House floor.

Living Wage
We were able to delay a vote until this week in the Senate Comprehensive Planning Committee on SB 54 "Local Government/Minimum Wage" by Sen. Lee Constantine, R-Altamonte Springs, that would prohibit local ordinances from making businesses pay "living wages" as we have successfully pushed in Miami-Dade, Broward and Palm Beach counties and several cities. The bill is top priority of the Florida Restaurant Association and references the federal minimum wage as a ceiling.

Equal Rights Amendment
Several feminist groups are hoping to push constitutional resolutions in the House (HCR 615) and Senate (SCR 1166) to ratify the Equal Rights Amendment to the U.S. Constitution. Governor Bush cites his appointments of women as proof that the amendment is unnecessary.

Restoration of Felons' Constitutional Rights
The American Civil Liberties Union and others are backing consideration of joint resolutions in the Senate (SJR 1264) and the House (HJR 1003), that would place state constitutional amendments on the ballot. This amendment if approved by the voters would restore felons' civil and voting rights upon completion of their sentences. Similar attempts failed in 2001 and 2002.
 

3/24/03

Legislative Update 3/24 American Federation of State, County and Municipal Employees, AFL-CIO

SB 1484 Special Death Benefit For School Support Workers The Senate Education Committee voted unanimously for our SB 1484 by Sen. Al Lawson, D-Tallahassee, which would provide special death benefits to the family of a non-instructional school district employee in the event the employee is killed while on the job. SB 1484 now goes to the Senate Appropriations Committee. 

Senate Budget Senate budget subcommittees (Criminal Justice, Education, General Government, Health and Human Services, Transportation and Economic Development) moved their respective "tight, bare bones" allocations to the full Senate Appropriations Committee (SB 2500 and implementing bill SB 2502). The committee is expected to vote the budget bills out by the end of this week (March 28); the Senate is expected to schedule a floor vote on the budget in the first week of April (next week).

AFSCME's work with the General Government Subcommittee had several positive aspects as the budget subcommittee saw fit to cut only 484.5 positions (many unfilled for longer than 120 days) rather than the 700-plus position cuts sought by Gov. Jeb Bush. The subcommittee avoided eliminating Apiary and Aquaculture Inspections in the Department of Agriculture and Consumer Services and funded many Department of Environmental Protection programs, including solid waste, petroleum tanks cleanup, wastewater treatment grants to local governments, and the drinking water and wastewater revolving-loan programs.

Senate Passes Accountability For Class Size Amendment The full Senate passed (38-0) CS/CS/SB 1436 and CS/SB 1646 to implement Florida constitutional Amendment 9 Class Size Reduction. The bills would provide accountability for the class size reduction in the first year, establishing measurements, evaluation mechanisms and definitions. However, no funding figure was attached. The House and Governor Bush (as referenced previously) still hope to send the class size amendment and the high speed rail amendment (passed in 2000) to a repeal vote this fall.

House Passes Medical Malpractice Bill The House, as expected, passed HB 1713 Medical Malpractice/Medical Incidents by Rep. Frank Farkas, R-St. Petersburg, and the House Health Care Committee. The House debated the issue for almost four hours, but only 19 Democrats voted against the bill. HB 1713 contains a $250,000 cap on noneconomic damages, but no rollback on insurance rates.

Exemption For State Employee Assistance Programs The full House also passed HB 1591 by the House State Administration Committee and Rep. Connie Mack, R-Fort Lauderdale, continuing the public records exemption for state employee assistance program records.

Paycheck Deception On Monday, March 24, the House State Administration Committee is scheduled to hear HB 1357 (Deduction and Collection of a Bargaining Agent's Dues and Uniform Assessments) by Rep. Fred Brummer, R-Apopka. Again, as in Senate, the House bill is aimed at the teachers. AFSCME will attend the committee hearing and will testify against this bad bill. Over in the Senate, Sen. Mike Fasano, R-New Port Richey, confirmed that he told a Pasco County teacher that he would not be asking for further consideration of SB 1652, his paycheck deception bill, which passed last week in the Senate Governmental Oversight and Productivity Committee. Senator Fasano has been known to have a problem with the truth, but we have heard also that Senate President Jim King, R-Jacksonville, told him, "There are important issues in Senate and stop horsin' around." 

3/17/03

State Estimates $300 million Drop in Revenue
On Friday, March 14, Senate Appropriations Chairman Ken Pruitt, R-Port St. Lucie, made a presentation to the full Senate regarding the worsening financial picture. Armed with charts and graphs, Pruitt revealed that the Revenue Estimating Conference meeting that day would show a $300 million reduction in expected general revenue collections, which means there will be $300 million less than was appropriated in the current Fiscal Year 2002-03. There is virtually no money available to cover growth in schools, including Class Size Amendment; matching dollars to maximize federal funds; university and college enrollment increases; restoration of the "Medically Needy" for the uninsured poor; other basic health and human services requirements; or to fund grant programs such as historic preservation, cultural facilities, water and sewer loans and water projects.

Senator Pruitt then announced that the Senate would not legally agree to raid $700 million plus from dedicated trust funds as was done in the governor's proposed budget, nor would the Senate fund $400 million for member projects (also known as budget pork or turkeys). Senate plans are to have its Appropriations Bill (without new or increased tax revenues) to the floor by April 4. Both Senator Pruitt and Senate President Jim King said it would then be up to Governor or House to "dance with Senate to provide alternatives" to severe cuts in services by increasing revenue.

Prescription Drugs
The House has passed (118-0) HB 1 Sunshine for Seniors by Rep. Carole Green, R-Fort Myers, which would have the state coordinate and provide a uniform registration for the senior discount programs offered by various dug companies. HB 843 Low-income Elderly/Rx Expenses, which would apply discounts for low income seniors (up to 200 percent of federal poverty level) on Medicaid drug costs (Federal Waiver); by Reps. Dan Gelber, D-Miami Beach, and Green also passed the House (117-0). Both House bills are in Senate messages, but there is resistance expressed by Senate President Jim King, R-Jacksonville, because of the $24-30 million cost estimate.

Paycheck Deception
SB 1652 by Sen. Mike Fasano, R-New Port Richey, "had an initial bill drafting error," so the substance of the bill heard March 11 in the Senate Governmental Oversight and Productivity Committee only referenced instructional staff. The Florida Education Association and Florida AFL-CIO wanted to employ a strategy that would have kept us out of the fight, but relented just before the hearing. As it was, Democrats on the committee tried to amend the bill to include all public employees (a move we opposed and that because of Republicans failed). SB 1652 passed out of committee on a party line vote (six Republicans voting in favor and three Democrats voting against); the bill now goes to Senate Education Committee, where we hope to pick up some moderate Republicans to block it.

3/10/03

GOV. JEB BUSH'S STATE OF THE STATE SPEECH

Gov. Jeb Bush in his State of the State address to the opening joint session of the Legislature called on senators and representatives to put constitutional amendments on “Class Size” (passed in November) and “High Speed Rail” (passed in 2000) back on the ballot due to cost and potential tax increases.

The governor's legislative wish list also included these major items:

r making the constitutional amendment process more difficult for amendments both to get on the ballot and to pass; 
r “no new taxes nor increases in taxes”; 
r $40 million in economic stimulus to offset expected downturns in the tourism industry due to an Iraq war; 
r $30 million for a reading initiative to help every child read at grade level by 2010; 
r revising medical malpractice insurance, capping non-economic damages at $250,000, and reworking Florida's workers’ compensation system; 
r “Government can't love, so we must commit to strengthen marriage and families”; and
r support for war on Iraq.

Democrats and some moderate Republicans panned the speech as not dealing with the state's financial problems and that they shouldn’t try to tell the people they were wrong in passing constitutional amendments. Both the Senate and House Democratic Caucuses have now voted to oppose any attempts to put amendments back on the ballot. If Democrats hold firm, this will kill the proposal because a three-quarters vote in both chambers is required for the Legislature to send constitution amendments to voters in a statewide special election). Senate Republicans have moved forward with implementation bills (CS/SB 1646 setting minimum class size measurements passed Senate Education Committee 9-0).

EXPANDING STATE GROUP INSURANCE TO SCHOOL DISTRICTS

Our bill to allow school districts to join the State Group Insurance Program (SB 426 by Sen. Charles Clary, R-Destin) passed 7-0 from the Senate Governmental Oversight and Productivity Committee. Some concerns were raised about affordability and benefit level, so we provided testimony (supported by the Florida School Boards Association and Florida Education Association) on how the expansion would bring both more numbers as well as healthy younger employees to the state group, saving money for school districts and for the state. The bill now goes to the Senate General Government Appropriations Subcommittee. We have prepared a technical amendment to clarify the voluntary inclusion of the school districts into the program.

PRESCRIPTION DRUG BILL MOVING IN HOUSE

The full Florida House moved quickly to pass (on second reading) compromise prescription drug legislation to ease costs for seniors. This week the House will vote final passage of HB 1 “Sunshine for Seniors” by Rep. Carole Green, R-Fort Myers, which would coordinate various pharmaceutical companies’ senior discount programs under one form/card, and HB 843 “Low Income Elderly/Prescription Expenses” by Rep. Dan Gelber, D-Miami Beach, which would provide steep discounts off Medicaid prices for seniors at 200 percent or less of the federal poverty level. Both bills will then go to the Senate where there is skepticism whether shaky state finances can justify the $11.6-million price tag of HB 843.

ELIMINATION OF DIVISION OF BLIND SERVICES

Bill drafting in the House was bogged so down the bill filling deadline was extended until today. We have noted that HB 1215 by Rep. Dennis Baxley, R-Ocala, and SB 2126 by Sen. Steve Wise, R-Jacksonville, have been filed to eliminate the Division of the Blind in the Florida Department of Education in favor of creating a Blind Commission with nonstate employees appointed by the governor. While the commission would remain a state entity, workers would lose their Career Service status. The Legislation would also open the Florida Retirement System to “certain blind vendors.” We will meet with the sponsors to develop amendments that improve the program’s services while keeping it in-house.

POLITICAL PAYBACK FOR TEACHER UNIONS

SB 1652 by Sen. Mike Fasano, R-New Port Richey, is scheduled for a hearing before the Senate Governmental Oversight and Productivity Committee at 9 a.m., Tuesday, in Room 110 of the Senate Office Building. Senator Fasano says his bill is drafted to apply solely to teachers’ unions. We still oppose this bad bill. The bill combines “paycheck deception” (limiting teachers’ union political activity) along with increased reporting, fees and fines.

Last year these were separate bills that passed the House, but we managed to bury both in the Senate. (Senate sponsor Fasano was House Majority Leader then). Council 79 and the Federation of Physicians and Dentists, AFSCME 1199, have both put out blast faxes, emails and calls to committee members to stop this bad bill. Go online to http://www.afscmefl.org/sb152.htm to get more information.

SENATE LOOKS AT HIGHER FEES TO MAINTAIN AGRICULTURAL INSPECTIONS

The Senate General Government Appropriations Subcommittee has—in light of drastic cuts proposed by Governor Bush in state inspections, including some that would destroy the state's successful aquaculture program—requested the Florida Department of Agriculture and Consumer Services to calculate fee increases necessary to maintain services. 

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3/4/03