COMMUNICATIONS WORKERS OF AMERICA

COUNCIL OF FLORIDA

01-02-2002

Committee Weeks and Special Session-C

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Brothers and Sisters,

The word doctors are in their glory, spinning their language web so fine, you need the eye of the needle to help pick out the truth on the bottom line. Now that they have cut the TRUTH program we need your help more than ever. If you read something you don't like or don't understand. Call us! Better yet, call your Legislator and ask them to explain, or investigate, or just complain. What a great way to let them know: WE are WATCHING YOU, Mr. or Ms. Legislator. Because the Sunshine Law is in the shadows, if you hear or read anything you think the Council should know, "LET US KNOW." Please don't take it for granted that we know all. We look forward to working with ya'll during the 2002 Legislative Session January 22 thru March 22, 2002 and in February at the State AFL-CIO Legislative Conference.

We would like to wish everyone a Happy, Healthy, Safe and Successful New Year!

PUBLIC SECTOR

BEWARE HB 217

School Service Accountability Act, filed by Representative Mack.

This bill filed for the 2002 Legislative Session, requires an analysis of expenditure of funds and quality of service for certain non-instructional school services: student transportation, food services, and facilities operations and maintenance; provides for a request for proposals or solicitation of bids to contract for services; providing for the use of the cost savings. Creates Statute s. 236.6851.

(Privatize... Privatize,.. Privatize... At a time when our security and the security of our children is at stake, why would anyone bring unaccountable strangers onto school grounds?  Looks like government in the name of saving taxpayer dollars, is forming an independent layer of bureaucracy that has no accountability to the taxpayer.  If something happens, the government is not at fault.  Government has an out, ...it was that hired business entities' fault, not ours.)

BEWARE: there has been talk in committee for the state to go to a menu type of benefits plan, maybe adding in a defined contribution benefits plan also.

(How do you educate the individual member on what health insurance benefits to chose from the menu list?  Who knows what you'll need.  Sounds like a third class benefits package, for those who enjoy employer paid benefits currently.  What kind of statistic's do you need to make an educated decision?)

Did you know that State Representative Joyce Cusack from Deland worked with Life Guards in her position as a nurse?

Workers' Compensation Workshop:

Most of the industry wants to do away with "all exemptions.”  They say then the costs will be spread amongst all employers, all will be paying.  Bringing down WC rates for all employers.  When the cost is down maybe the benefit to the injured worker can go up, 'There are only a few business against, along with the independent homebuilders, which seem to be the big hold out.  Unfortunately they have the chairman's ear.  No bill yet.

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TELECOMMUNICATIONS

There was a new revelation by the industry in the Senate and House Committees.  It seems a big issue of contention between the industries:

Local Exchange Companies (LEC);        (dial tone)

Long Distance Companies (lXC);            (toll can)

Cable Companies;

Has been agreed upon.  Yes my friends the issue of Intra-State Toll "ACCESS CHARGES," has been resolved within the companies.  Full agreement by all industries.  "Access Charges have out lived their usefulness.  Access Charges are a deterrent and, are impeding competition in the state of Florida.  The legislature, should give the whole matter back to the PSC to resolve incrementally.  "After all, "the Public Service Commission is a direct arm of the legislature.”  Thus, the industry's resolve.

What does that all mean?  This six-year fight has come to a resolve?  It only means the industry has come to agreement on a marketing plan to raise local service rates or charges.  Leaving the consumer in the lurch, scratching their head and whispering, "say what?"

What's an access charge, anyway?

An ACCESS CHARGE is a charge that the Long Distance Company pays to the Local Exchange Company to complete a toll call.  Example: Say the Miami Local picks up the phone to make a call to Jacksonville.  The Local Exchange Company (LEC) in Miami picks up the call and passes the call to the Miami Local's Long Distance Company (IXC) of choice.  The IXC carries the call up to Jacksonville and passes the call to the LEC in Jacksonville.  The LEC in Jacksonville completes the call.  Miami and the Jacksonville Locals connect.  Every time a call passes between companies, there is a charge, an ACCESS CHARGE.  The long distant company (IXC) pays the charge to the LEC.  The IXC passes that charge back to 1he consumers, within their long distance bill.  The LEC has always said that access charges are what keeps down the cost of monthly "Local Service to consumers.”  The LEC has always said that the access charge is what keeps long distance charges in the state, high.  (Both have always said that LOCAL SERVICE rates are too low and a deterrent to competition.)

When the Legislature last dealt with this issue, it brought down access charges with legislation, adding that the reduction was to be

passed back to the customers.  The goal was to make state access charges, (Intra-State Toll Access Charges set by the State), gain parity, or equality, with out of state toll access charges, (Inter-State Toll Access Charges set by the Fed.'s FCC.)  No consumer can account for the past reductions.  There was a hint that big users reaped the benefits of past reductions.

Ok, so the industry presented a resolve to the Legislature and will fight this session to win.  Resolve the access charge deterrent to competition, give it back to the PSC.  It must be mentioned that the Public Service Commission's role in the industry went through a fundamental change with deregulation.  Since 1995, the PSC has been the arbitrator or the go between, between businesses vs. business, in charge disputes.  All local service rate increases were set into law by strict caps or percentages and not directly determined by the PSC since 1995.  As a mater of fact only one PSC Commissioner has any experience before 1995 when the PSC worked for the consumer not a go between for industries.

Guess, THE BOTTOM LINE IS THIS: 1995,

Deregulation of Telecommunications was "sold to the public, " to spear on competition in the market place, and more-so,

"BRING DOWN RATES FOR CONSUMERS." 

 2002, ?,Give it all back to the PSC, so the PSC can,

"RAISE LOCAL SERVICE RATES INCREMENTALLY overtime."

Does this all sound like double talk?  Faulty speak?  OR, Who speaks with fork tongue?  Shades of 1995 lower consumer rates, or what?

Question?  What about the School's PECO dollars derived from the access charges?  How will they be replaced, another charge, fee, or tax'?  Some citizens are still reeling from the last law that consolidated communications taxes.  It ought to be an interesting debate.  The only thing our members got out of deregulation was more work with less employees, layoffs, out and in sourced, and contract employees outside of the bargaining units. The Senate says a bill will be brought forth the first week in January', no bill yet.  Yes, it ought to be an interesting debate.

COMMENTARY ON SPECIAL SESSION-C

No one ever thought that 9/11/2001 would be an escape goat for our elected State Adminis1rations,

hole in the budget. Surely the enormity of 9/11 has set its mark upon history, but let us not blur the fact that the state budget shortfall came before that day was set in infamy. We all knew last summer that there was a shortfall in the state budget. We all knew that over 2 B-B- BILLION DOLLARS in tax cuts and breaks given to the businesses of Florida over the past couple years, would come back and bite the citizens. We were waiting for the other shoe to drop. Florida 's irresponsible path for the past three years has squandered opportunity-turning record surpluses into historic deficits. Yes, the already failing economy escalated with 9/11. Yes, travel and fun came to a crawl as the infrastructure of the American day, carried on. Florida's tourist economy halted. Unlike a natural disaster that hits the state, i.e., hurricane, tornado, etc, which affects a portion of the state, this national economic disaster set the state of Florida as the 4th economy most effected by the events of 9/11.

Worker layoffs escalated.

According to the Florida Agency for Workforce Innovation statistics, there were 35,300 workers, with a loss of employment from September 2001 - October 2001. Some employers found a clever way to save money by cutting back employee's hours worked, just enough, to be ineligible for Unemployment Compensation. Too many hours to allow the worker to hook on a part time job and still be the mom or dad. Not enough pay to be able to support the family. The current administration did not seek any help for workers in the state during Special Session B or C. As a matter of fact there were cuts in some programs for the working poor. Most of the economic stimulus package has to do with incentive-vising, construction and tourism.

THE SPECIAL SESSION C

The pending budget cuts are for the rest of 2001- 2002, unless replaced during the 2002 Legislative Session. The Legislature already estimates a shortfall in the 2002 budget year, (Yes, in the red again for 2002), $1.5 BILLION, to start off the year.

AS INFO ONLY :

Here's a glimmer of hope re; outsourcing and privatization: Amongst the bills passed during the special session was a provision effecting "Privatized Correctional Institutions, " (prisons.) The Correctional Privatization Commission shall develop and issue requests for bids... shall require that the per diem cost of operating each correctional facility under contract with the Commission shall not exceed 93 percent of the average per diem cost of housing comparable prisoners within the Department of Corrections. (This seems to be the first check and balance of oversight within any government, on privatization.)

Freedom; securing the blessings of liberty for our ourselves and prosperity .

Special Session-C / SECURITY MEASURES passed, and signed into law by the Governor:

All below deals strictly with terrorism:

SB 6-C added the definition of terrorism, aircraft piracy, and home invasion robbery, to the current law. A Senator asked the Chief Security Officer in a committee, "could not this definition apply to almost any crime, not just terrorism?" After much dancing around the subject, he answered, "YES."

SB 8-C sets a higher degree of sentencing.

SB 10-C adds security and sentencing for poisoning our water supply, food or medicine.

SB 12-C allows the interception of communications for offences that may be an act of terrorism, outside of the original court ordered jurisdiction, in other words statewide, without going back to court.

SB 14-C establishes requirements governing aircraft use application, storage, record keeping, and registration of pesticides.

SB 16-C exempts records and government meetings from the "Open Government Sunset Review ACT of 1995" No "Sunshine Law."! Repea12006.

SB 18-C public records, public meeting, exempts' portions of the emergency-management plan.

No more government in sunshine! Repeal 2006.

SB 20-C secures our pharmaceutical cache from the public record requirement of the "Open Government Sunset Review Act."

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SB 22-C exemption from public records requirement intergovernmental privacy of records request (Is this the one that won't allow your lawyer to get a copy of the records?) Repeal 2007

SB 24~C establishes Chief of Domestic Security Initiatives, duties, and interoperatability with the Dept of Emergency Services and all other Emergency Service-ERs' and law enforcement in the state.  Coordination of a statewide plan and reporting to the governor and legislature.

SB 26-C creates the Florida Domestic Security and Counter-Terrorism Intelligence Center within the Dept. of Law Enforcement.  To gather intelligence, document, analyze, groups and individuals that commit acts affecting the state.  Support federal, state and local law enforcement.  Establish a database of active criminal intelligence revealing patterns, trends...exempt from public record laws.  (They will set their own parameters on who and when a name gets on or off the database.  Hope no- one gets my name.  Who knows how or when you can get a mistake cleared?)

There was one House Bill that had to do with background checks on local government employees.  Even 27 year employees.  CWA Council spoke in the committee of reference asking the Chairman, respectfully, "what the intent of the bill was, it's not meant to be a Witch-Hunt of any sort, was it?”  Then told of a private sector witch-hunt a couple years or so ago, that even 27yr. good record employees lost their job, needlessly.  There were assurances by both the chair and the sponsor, that a Witch-Hunt is not the intent of the legislation.  Didn't see that language at all in the security legislation passed.  It could be hidden in another bill haven't read yet.

Hope these do not become the norm.  (Remember 8 is Enough?) Hope who ever is in the legislature during the repeal dates, understands the rights that need to be restored to the citizenry,

The only fear that I have was voiced best by one of our past presidents.  (And I miss-quote.)" A man that will give up his freedom for security will find he will lose both. "

THE BUDGET

Education:

Total cuts: ...$ 639.5 MILLION  and 28 positions. 

Public Schools Total Cuts $ 566.2 Million.

Eliminating several programs:

Teacher Recruitment, Technology, and Teacher training, from the 2002-2003 budget. Decreasing the base student allocation from its' $3413.18 per student in the spring to  $3298.48 per student, a difference of -$119.70 ($123.55 less than last year. Add up those negative education spending numbers)

.Budget cuts are not covering the 16,000 new students who were already not covered or funded during the regular 2001  Session.

.State Universities: Total Cuts.$125.8 MILLION .Community Colleges:

Total Cuts... .$37.3 MILLION

.Student Financial Assistance:

Total Cuts... .$4.1 MILLION

.Elimination of the 2002 summer term for "BRIGHT FUTURES SCHOLARSHIP," with special arrangements for seniors who enrolled in the 2002 summer term for graduation. (Lottery Bucks.)

HEALTH and HUMAN SERVICES;

Total Cuts... $146.1 MILLION and 390 positions.

.Agency for Health Care Administration:

Total Cuts... $2,500,000.00

.Reduce the Pharn1aceutical Expense Assistance Program that would have given an $ 80.00 monthly benefit to about 30,000 seniors. After the cuts, the program will only service 7,800 seniors. Current enrollees.

.Medically Needy Program:

Total Cuts... .$124.3 MILLION

Eliminates Medicaid coverage for an estimated 36,300 adults through the optional Medically Needy

Program. This program primarily covered persons who have experienced catastrophic illness and either have no insurance, or have exhausted their benefits.

.Visual and Hearing Services:

Total Cut. ..$11,180,484.00

Eliminates this optional Medicaid program coverage for adults on 7/1/2002. Approximately 92,000 recipients out of 2 million used the service annually.

Ticket to Work Program:

Total Cuts...$ 4,332,447.00

Eliminates Medicaid coverage on 4/1/2002, for "WORKING" "Disabled Individuals."

(The Council would like to remind the members there is a shortage of workers and nursing Home care in our state and at the national level.  A new state statistic says that 17% -30% OF NURSING HOMES in FLORID, have NO INSURANCE.)

Nursing Homes: Total Cuts.... $3.9 MILLION

Eliminates the Nursing Home "Up and Out” Program.  A Nursing Home oversight program, to demonstrate the effect of assigning skilled and trained medical personnel to ensure quality of care, safety, and continuity of care, for long-stay Medicaid residents in the highest-scoring nursing Homes, in the Florida Nursing Home Guide. 

 Eliminates the Nursing Home Consumer

Satisfaction Survey.  This was passed into law in 1999 to establish a formal mechanism for assessing customer satisfaction and abuse in nursing homes.  However, the indus1ry has successfully blocked implementation.  Allowing Health and Human Services to feet drag and delay implementation.  Now they have KILLED this needed form of oversight.

Department of Health Total Cuts

Reduces the Tobacco Pilot Program (TRUTH): Total Cuts.... $ 7.5 MILLION (TRUTH, is the tobacco TV advertisements for our kids?)

Reduces the Rural Hospital Grant Program for Capital Improvements... by  $2,500,00.00

Eliminates Full Service School Programs as of January 2002....  by $ 1,500,000.00

Reduces transfers of State Gross Revenues in County Health Departments…by 4% or $ 5.9 MILLION.

Department of Children & Families:

 Eliminates "TEACH" Program: Total Cuts... $ 1,238,600.00

Department of Elderly Affairs:

Reduces Home Care for the Elderly:

Total Cuts... $ 1,105,338.00

Eliminates Telehealth Project:

Total Cuts".  .  $ 4,000,000.00

Reduces Nursing Home Diversion Expansion: Total Cuts",  $4,027,302.00

Alzheimer's Disease Initiative: Total cuts $1,950,485.00

Public Safety & Judiciary:

Total Cuts.... $141.2 MILLION and 1005 positions.  Corrections: Total Cuts... 449 Positions

 Involuntary Civil Commitment of Sexually Violent Predators Trust Funds:

Total Cut... .$ 1,500,000.00

Inmate Substance Abuse Prevention Evaluation & Treatment Services: Total Cuts..  $13,509,417.00

There was much more in this category ...

Juvenile Justice: Total Cuts. ...508 Positions               

Juvenile Detention Centers :

Total Cuts... $ 5,040,641.00 and 160 Positions.

Program to Reduce and Prevent Juvenile Crime: Home Detention: Total Cuts... .$ 4,167,468.00 (replaced with electronic monitoring)

Juvenile Probation: Total Cuts... . $11,049,853.00 and 271 Positions.

(*positions include officers, staff and management.)

 Non-Residential Rehabilitation:

Total Cuts... $ 2,350,000.00

 Non-Secure Residential Commitment:

Total Cuts... $ 7,482, 193.00

(Includes Independent and non-secure programs.)   Delinquency Prevention and Diversion

Program: Total Cuts. ...77 Positions.

CINS / FINS (Prevention Program):

Total Cuts... .$ 4,298,000.00.

(Children / Families IN NEED of Support)

The Courts: Total Cuts 48 Positions.

General Government:

Total Cuts...  $102 MILLION and 324 Positions.

  Reduce Citrus Canker Tree Compensation:

Total Cut. ...$ 10 MILLION

  $ 20.MILLION in funds from the Department of Transportation, (without impact to road projects.)

Total Cut...$ 377,695 MILLION in Child Support Enfor