WMBB News 13 - The Panhandle's News LeaderState Capitol Briefs (Evening Edition): Wednesday, Feb. 8, 2012

State Capitol Briefs (Evening Edition): Wednesday, Feb. 8, 2012

EXPERT WITNESS BILL APPROVED, HITS SNAG
The House Judiciary Committee on Wednesday approved a business-backed bill that would change standards for expert-witness testimony in lawsuits. But Rep. Richard Steinberg, a Miami Beach Democrat who opposes the proposal (HB 243), used a procedural move --- known as "retaining" the bill --- to keep it from moving forward at least until the committee can meet again. Business groups and trial lawyers are battling over the bill, which would require that courts use a new test in determining whether expert testimony can be admitted in lawsuits. Opponents of the bill contend that the new test, which is referred to in legal circles as the "Daubert" test, would cause extra time and expense in civil and criminal cases. "Our state attorneys are strapped,'' said Rep. Ari Porth, a Broward County prosecutor who voted against the bill. "Their resources are paper thin.'' But supporters argue the bill is needed to help prevent questionable science from being used in cases. "Justice is worth the cost,'' said Rep. Gayle Harrell, R-Stuart. "Whatever it will cost to make sure we have appropriate science in our courtrooms is worth the cost.'' Democrats twice tried to delay a vote on the bill, arguing that some members were absent because of other committee meetings. The Judiciary Committee approved the bill 11-5, though Steinberg voted in favor so that he could use the procedural move.

SENATE TED REMAINS RESTLESS, CHAIR SAYS SHE'S LISTENING
The chairwoman of the Senate budget committee that deals with transportation and economic development issues said Wednesday evening that she will take into account members' concerns about the budget, concerns panel members continued to express at the committee's evening meeting. Several members of the Transportation and Economic Development Budget Subcommittee expressed a desire for particular changes in the spending plan, which was worked out by Chairwoman Sen. Lizbeth Benacquisto, R-Fort Myers, and her staff, without much input from members of the committee. A number of members in particular asked Benacquisto to include funding for regional planning councils, which make infrastructure and development planning decisions, possibly by removing money from local member projects in Orlando that were vetoed last year by Gov. Rick Scott. The money for the regional planning councils was also vetoed last year by Scott, but several members on the committee said they want the line items in this year's economic and transportation budget. Ultimately, the panel will give the Senate leadership a recommendation – not a bill - so no formal vote of the committee will determine what's in the subcommittee "budget," which currently is essentially represented by a spreadsheet that Benacquisto has given to members to review. But Benacquisto, after listening to members complain for two days and then listening to suggestions for changes on Wednesday, assured the committee she would review their concerns and may make changes to her proposal. "The important part of the process is the member input," Benacquisto said afterward, adding she will give members' concerns "very strong consideration." The panel meets again on Thursday.

HARIDOPOLOS SAYS FATE OF CLAIMS BILLS UP TO HOUSE
With President Mike Haridopolos making the issues a top priority, the Senate opened the 2012 session by approving claims bills (SB 2 and SB 4) for William Dillon and Eric Brody. But halfway through the session, House committees have not taken up either measure. The House also did not approve claims bills for the men last year, which became an issue during the tumultuous end to the 2011 session. Haridopolos, R-Merritt Island , said Wednesday that the claims bills are "about justice," but House leaders will have the choice about taking them up. "I'm not trading for it,'' Haridopolos said. "The speaker knows that. I know that.'' SB 2 would compensate Dillon for 27 years he spent in prison after being wrongfully convicted of a Brevard County murder. SB 4 would approve a legal settlement for debilitating injuries Brody suffered in a car crash with a Broward County sheriff's deputy.

SENATE PREZ COULD SEE GAMBLING BILL DYING
Senate President Mike Haridopolos, R-Merritt Island , repeatedly said he wanted to bring a resort-casino bill to the Senate floor for a vote. But that idea was short-circuited last week when the bill was pulled back in a House subcommittee, which appeared on the verge of killing it. Haridopolos said Wednesday the proposal's failure in the House came as little surprise after seeing which committees were expected to hear it. "We faced that reality,'' he said. "We saw that coming about a week ago.''

SENATE POSTPONES VOTE ON NUMERIC STANDARDS
Awaiting receipt of a House bill passed by that chamber last week, Senate President Mike Haridopolos on Wednesday informed members that a vote on the state's numeric pollution standards bill, SB 2060, would be postponed until at least next week. The House measure, HB 7051, passed that chamber last week on a 118-0 vote. The bills are an attempt to replace federal requirements for clean water standards with set of state standards backers say is more flexible and better reflects the state's diverse water bodies. The standards are being challenged in court.

COMMUNICATIONS TAX CHANGES TO HOUSE FLOOR
Changes to the way the state taxes cable television, cell phones and other communication service cleared its last House committee hurdle Wednesday despite the concerns of local government representatives who said the fiscal impact of the changes remains unclear. By unanimous vote, the House State Affairs Committee approved HB 809, which makes a number of changes to the Communication Services Tax to reflect changes in the delivery of communication services. Legislative economists could not estimate what how much the bill could reduce local government revenue. Amber Hughes, legislative advocate for the Florida League of Cities, said local governments rely on the communication tax for about $500 million a year and have no idea how much collections will fall. "We'd like to have a little higher level of comfort when it comes to fiscal impact," Hughes said. The bill now travels to the House floor. The Senate companion, SB 1060, has two more scheduled committee stops.

HOUSE STATE AFFAIRS APPROVES DEP PERMITTING BILL
The House State Affairs Committee on Wednesday approved a measure that backers say will streamline permitting efforts and reduce redundancy in the environmental permitting process. Characterized as the Department of Environmental Protection's top priority, HB 7003 would direct the agency to work with the five water management districts to adopt statewide environmental resource permitting process. The Senate companion, SB 1354 is awaiting action the Senate Budget Committee.

NFIB TO TRIAL BAR; WELCOME ABOARD
Following testimony Wednesday morning by Florida Justice Association Treasurer Paul Anderson, National Federation of Independent Business executive director Bill Herrle sent Anderson a complimentary membership to the statewide small business group. Further, Herrle, whose group has fought frequently with the trial bar over insurance issues,  business  liability and a host of workers' compensation issues, said he'd be happy to work with Anderson to address small business issues including capping attorney fees. "I welcome you as Tallahassee's newest small business advocate!," Herrle wrote in a tongue-in-check letter to Anderson following the attorney's testimony Wednesday before the House Economic  Affairs Committee. "  I look forward to your help in passing meaningful legislation that will reduce small business owner's workers compensation costs. … We look forward to your joining the small business fight." During testimony on HB 4169, a measure that would allow workers' compensation insurers to retain excess profits, Anderson testified against the bill, arguing that his members are small business owners, too. The Florida Chamber of Commerce, Associated Industries of Florida and NFIB have all expressed support for the bill, which passed.


ELSEWHERE

DAWSON TO PLEAD GUILTY TO TAX EVASION
Former Sen. Mandy Dawson will plead guilty to federal tax evasion charges, according to court filings cited by several South Florida media outlets this week. Dawson, a Broward County Democrat who was in the Legislature for 16 years, had faced trial next month. The charges arose out of a federal investigation into alleged corruption and influence peddling in Tallahassee , a probe that has gone on five years. The investigation also led to the imprisonment of Alan Mendelsohn, an eye doctor, lobbyist and fundraiser from Broward County . Dawson , 55, was charged by a federal grand jury with failing to pay taxes on hundreds of thousands in income and failing to file tax returns. She faces up to 12 years in prison.

MICA TO RUN AGAINST ADAMS, REPORT SAYS
Republican Congressman John Mica will run against fellow GOP Rep. Sandy Adams under new maps expected to be approved by the state Senate on Thursday, the Orlando Sentinel reported. Mica and Adams are drawn together under the map, though a nearby district was thought to be the landing place for Mica. But Mica told the paper that he intends to stay put. "My home is there. This is a decision I made with my wife, my family and my supporters," he said. Charlie Keller, Adams' chief of staff, also said she doesn't plan to move. "The congresswoman has declared where she is running and what her intentions are, and I think that statement speaks for itself right now," Keller said.

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Information Provided by News Service of Florida