Peter Schorsch
Sixty Days — A prime-time look at the 2018 Legislative Session
The Last 24
Good Monday evening. First, some outside-the-Tallahassee-bubble good news: “U.S. Senate leaders have reached an agreement to reopen the government,” the AP reported Monday afternoon. Shutdown, be gone. Sixty Days enjoys a good make-up session. Here’s your evening rundown.
Taxing talks: The House will soon consider a proposed constitutional amendment that would make it harder to raise taxes and fees in Florida.
Going to the dogs: A bill would help retired military working animals by helping to fund their ongoing veterinary care.
Hotline plea: Advocates are pushing for two human trafficking bills to be heard in committees so the state can have its own human trafficking hotline.
Death row’d: In an out-of-calendar opinion dump, the Florida Supreme Court rejected appeals by 10 inmates under death sentences.
Chastity talk: A bill that would repeal a provision that makes it a first degree misdemeanor to maliciously imply a woman is engaging in sexual activity cleared its first committee stop.
“Ellie’s Law”: Commercial airboat operators would have to complete a state-approved course before taking on passengers under a bill now moving in the Senate.
Quote of the Day
“We don’t want some veterans, after they come home, to have to choose between rent or taking care of their animal … We give our vets benefits; we should help our vets’ animals.” —Rep. Jared Moskowitz, in an interview on his bill to help retired military service dogs.
Bill Day’s Latest
3 Questions
All caps and exclamation points do get attention. “Open Government Legislation Designed to Protect Public Record Requestors is in DANGER!!!!” read this email from Barbara Petersen, president of the First Amendment Foundation, the state’s open government watchdog. It refers to legislation “that would prohibit a government agency from responding to a public record request by filing a civil judicial action against the requestor.” Petersen has long fought for the public’s right to access.
Q: How is it supposed to work?
A: Jane makes a public record request to the city council. The city council responds to Jane, claiming that the records she’s requested are exempt from public disclosure and cites the asserted exemption. If Jane disagrees with the city’s assertion, she files a writ of mandamus in civil court against the city council. The court issues an order to show cause and the city responds by showing good cause. The court then schedules an evidentiary hearing to resolve any issues of fact and the court ultimately resolves the dispute.
Q: What happens instead, in some cases?
A: Jane makes a public record request to the city council. Rather than respond to Jane’s request, the city council files a civil lawsuit against Jane, claiming that she doesn’t have a right of access to the records she requested. This means Jane is forced into court to defend her constitutional right of access to the records she’s requested. Not only does Jane have to bear the expense of hiring an attorney, but also the burden of proof is flipped from the agency to Jane. This is simply wrong. These civil actions filed by government agencies put public record requestors – citizens and media – in the position of having to defend cases rather than selectively litigate them.
Q: Why is the legislation in danger?
A: HB 273 is on the House Special Order Calendar for (this) Wednesday. But we’ve learned that the League of Cities and Association of Counties are opposed. The Senate companion (SB 750) was temporarily postponed in the Senate Judiciary Committee last Thursday and may not be rescheduled unless a compromise is reached. That could mean that this excellent legislation that seeks to protect public record requestors could die.
Lobby Up
Suskey Consulting continues to build itself into the premier Florida government affairs firm.
With the addition of insurance expert Donovan Brown, the firm has signed Southern Guaranty Insurance of Clearwater, which is leading the way in digital applications.
After the hiring of RJ Myers, the firm is adding Tampa Bay clients like The Tradewinds Resort, the city of Oldsmar, and the veteran-focused International Institute for Orthotics and Prosthetics.
(Firm president Alan Suskey is an Army veteran and was the military aide to the late Pinellas County Congressman Bill Young.)
Moreover, Rob Fields continues to grow the firm’s Information Technology practice, bringing on Carahsoft and Palo Alto to its already-deep IT client base.
And the firm has signed NOCTI, a workforce assessment company.
Breakthrough Insights
The Next 24
A Senate budget subcommittee will consider a bill that would make texting while driving a primary offense. That’s at 9 a.m., 110 Senate Office Building, The Capitol.
Republicans Sen. Debbie Mayfield of Melbourne and Rep. Erin Grall of Vero Beach will hold a news conference to discuss legislation regarding high-speed passenger rail regulations. That’s at 10 a.m., Room 304, The Capitol.
The Senate Regulated Industries Committee will consider a bill that would repeal a limit on sizes of wine containers and revise the amount of alcohol that craft distilleries can produce. That’s at 11:30 a.m., 110 Senate Office Building, The Capitol.
The House Justice Appropriations Subcommittee will consider a proposal that would revise the number of circuit court judges across the state. That’s also at noon, Morris Hall, House Office Building, The Capitol.
The Senate Health Policy Committee will hear a proposal that addresses the long-standing issue of trauma center approvals. That’s at 3:30 p.m., 412 Knott Building, The Capitol.
The House Tourism & Gaming Control Subcommittee will hear a bill that would exempt fantasy sports from gambling law regulations. That’s also at 3:30 p.m., 212 Knott Building, The Capitol.
The House Civil Justice & Claims Subcommittee will hear a proposal detailing the “Florida Guide to a Healthy Marriage.” That’s also at 3:30 p.m., 404 House Office Building, The Capitol.
The Capitol Press Corps will host the Press Skits, where reporters lampoon The Process and everything in between. Proceeds benefit the Barbara L. Frye Scholarship and tickets are still on sale. That’s at 6:30 p.m., The Moon, 1105 E Lafayette St, Tallahassee.
