TALLAHASSEE COURIER

COMMUNICATIONS WORKERS OF AMERICA

 COUNCIL OF FLORIDA

02/21/2002

II SESSION 2001

6 PAGES

Brothers and Sisters,

Dying for a weekend off. Wish you were here! It's funny, if not unprecedented, as of Wednesday lots of bills had passed both the House (over 100) and the Senate (80 some). However neither the House or the Senate had received bill one from the other. We were shaking in our boots thinking they would wait for the last 2 weeks of session to accept and amend the others bills. However it seems the bills were being held hostage over the Services Tax debate. Hopefully they will flow now that the House took its stand. We'll see.

In Unity, Gail Marie Perry.  TALLAHASSEE TEL. 850 224-6926 FAX. 850 224-2266

OPPOSE I MUST KILL

HB 1947 Workers' Compensation

by The Committee on Insurance by Waters

(SB 0108 Similar, Compare HB 1947,HB 1121)

SB 2304 by Latvala

(H 1655 Similar, H 1947 Compare, S 1612)   Specifies circumstances under which firefighters, emergency medical technicians, &paramedics are considered to be acting within scope of their employment so as to qualify for workers' compensation benefits; provides declaration of important state interest.

01/29/02 HOUSE Referred to Insurance; State Administration; Council for Competitive Commerce

02/20/02 HOUSE CS by Insurance (CCC); YEAS 13 NAYS 0 02/22/02 HOUSE Pending review

02/19/02 SENATE Introduced, referred to Banking and Insurance; Judiciary; Appropriations Subcommittee on General Government; Appropriations

These are bad bills. Example of language: An injury or exposure caused by exposure to a toxic substance is not an injury by accident arising out of the employment unless there is "clear and convincing evidence” establishing that exposure to the specific substance involved, at the levels at which the employee was exposed, can cause the injury or disease sustained by the employee; repetitive exposure (carpal tunnel) must be proven by the "preponderance of evidence"; the work related accident must be more than 50% responsible for the injury and disability or need for treatment in order for the accident to be a major

contributing factor; permanent total disability benefits stops COLA at 62; permanent total disability benefits shall be payable until the employee reaches age 72, or 65 + 7 years.

(And much more.)

This bill is an affront to all working folk in the state of Florida. It is very discriminatory. It sets standards that a worker could not possibly prove or afford the scientific research to prove. The loss of the COLA at 62 could be enough to cause a body to take early social security. Thus forcing an early retirement penalty. Clearly age discrimination is sited. There are several other bills that have the same language or could easily be amended with this bad language. The AFL-CIO is working behind the scenes and did not testify in the House Committee. CWA A did testify in Committee. This bill has one more committee assignment before it hits the House Floor.

ACTION:

Contact the members

of the House and Senate

Tell them the unwanted language in any

Workers Compensation Bill

Page 1

OPPOSE

HB 859 Local Govt./Employers/Minimum Wage by Bense; Attkisson; (CO-SPONSORS) Melvin; Harrington

SB1902 by Peaden

Prohibits local governments from requiring employers to pay minimum wage in excess of federal minimum wage; provides exceptions.

01/21/02 HOUSE Referred to State Administration (SGC); Fiscal Policy & Resources (FRC); Council for Ready Infrastructure

02/14/02 HOUSE Favorable by- Council for Ready Infrastructure; YEAS 16 NAYS O

02/18/02 HOUSE Placed on Calendar

SB 1902 by Peaden

02106/02 SENATE Introduced, referred to Comprehensive Planning, Local and Military Affairs; Commerce and Economic Opportunities

02112102 SENATE Favorable 1 amendment(s) by-Comprehensive\re Planning, Local and Military Affairs; YEAS 7 NAYS O

02/19/02 SENATE CS by- Commerce and Economic Opportunities; YEAS 8 NAYS 2

02120/02 SENATE Placed on Calendar, on second reading

This BAD bill with an amendment that was traveling along with it: to allow local county referendum. (A vote on the ballot.) Without those amendments there is no way that a City or County could initiate a Living Wage Ordinance. The bill as explained does not include Contractual language as in a Project Labor Agreement or Federal Contract, however that language is not written in the bill. (It's a "say so" unwritten.)

In The 02/19/02 Commerce and Economic Opportunities meeting we sat in chamber beside the President of the State AFL-CIO. I was advised that because they were working with the Senators on amendments, they would not be testifying. The Council had already put in the paperwork to speak. Because of what we were told, we were going to wave our time in opposition when called upon. There was a 'Strike All Amendment' wiping out the last committee's work. As the debate went on, no one was testifying against the bad bill. Nerves on edge, I whispered to Madame President, "just can't believe we're not testifying on this bill." (This was the last committee of reference, next step was the Senate Floor.) She whispered back, "you can testify. I only said the AFL-CIO wouldn't testify. Go ahead and testify if you want. " As a matter of fact she gave me her notes so we could sight some factual studies.

(See pages 4-5 for comment on SB1902)

Contact all House Members.

VOTE NO on HB 859

**********************************************

ACTION:

Contact all Senate Members.

VOTE NO SB 1902

OPPOSE

HB1129 Public Employees Relations Comm

by State Administration (SGC); Betancourt; Melvin

SB 1396 (Compare) by Lawson (SB has 4 committee assignments and is not on any agenda.) Requires Public Employee Relations Commission (PERC) to report certain information each year to President of Senate & Speaker of House of Representatives~ revises required information in applications for registration (registration fee $1.00 to $1,000.00 per member.) (The name address of the organization and of the parent organization or any "State, national or international organization which it is affiliated"); specifies uniform date for registrations; provides for denial of registration under certain circumstances; authorizes commission to impose fines & to waive such fines under certain circumstances~ revises prescribed registration fee,

01/29/02 HOUSE Referred to State Administration (SGC)

02/07/02 HOUSE CS by- State Administration (SGC); YEAS 5 NAYS 0

02/13/02 HOUSE CS read first time on 02/13/02; Pending review, placed on Calendar

Another VERY BAD BILL AFFECTING UNIONS! It has only been heard in the House. The bill increases and imposes penalties for missing information on quarterly reports of the organization. Information of names, addresses, titles, telephone numbers, of principle officers and or any "State, national, or international organization which it is affiliated. Includes Salary allowances and other direct disbursements including reimbursed expenses; list the members dues each bargaining unit must pay; list the annual salary of each principle officers and or any "State, national, or international organization which it is affiliated; the dollar amount of benefit package, health, major medical, vision, dental insurance, life insurance, retirement plans, automobile allowances paid each principal offices that is seeking to be named the bargaining agent for employees of the bargaining unit,

principle officers and or any " State, national, or international organization which it is affiliated; # of dues paying members and the per member dues amounts. The bill also allows all money collected by PERC shall be retained and used to further its activities. (Unspecified activities.)

SB 1396 by Lawson (SB has 4 committee assignments and in not on any agenda, yet)

Do not contact the Senate on this bill!

****************** ACTION: Contact ALL

HOUSE MEMBERS Only:

"VOTE NO" HB 1129

WATCH

SB 954 Local Govt. Employees & Contractors by Smith

HB 705 (Similar) by Gelber

Authorizes county or municipality to require,

by ordinance, screening of employees, appointee, or applicant for employment or appointment to position that is critical to security or public safety; authorizes screening of contractor, vender, repair person, or delivery person who has access to public facilities that are critical to security or public safety; requires that fingerprints of applicants & employees be submitted to the Florida Department of Law Enforcement & the FBI.

Passed the Senate Floor sent to House; In House Messages

HB 705 on the House Floor

TELECOMMUNICATIONS

WATCH

HB 1683 Switched Network Access Rates

by Utilities & Telecommunications (RIC); Maygarden

CS/SB 0988 by Campbell (Similar)

Revises provisions for Lifeline Assistance Plan service; provides for certification & maintenance of claims by Public Counsel Office; revises provisions re caps on rates; deletes provisions re recovery of costs of government programs; provides for

establishment of revenue categories; provides for notification, timetable for reductions in access rates, & revenue neutrality, etc.

02/11/02 HOUSE Referred to Council for Ready Infrastructure 02/21/02 HOUSE CS by- Council for Ready Infrastructure; YEAS 14 NAYS I

SB 0988 (Similar) by Campbell

02120/02 SENATE CS by- Regulated Industries; YEAS 10 NA YS 1 - 02121102 read first time on Senate Floor

The House and the Senate track pretty much the same. Both bills were amendment to be sure the PSC maintains Customer Service Standards. .

SUPPORT

SB 1610 Communications Services Tax by Regulated Industries; Pruitt

(HB 1511 Similar, Compare HB 1263, SB 2198)

Amends provision re tax exemption on sale of communications services to religious or educational institutions; provides exception to requirement that dealers separately state communications services tax on bills & invoices; changes date on which local governments must notify dealers that provide communications services of changes in permit fees; clarifies that E911 fee applies to certain customers,

01/30/02 SENATE Introduced, referred to Regulated Industries; Comprehensive PIam1illg, Local and Military Affairs; Finance and Taxation

02/21/02 SENATE On Committee agenda-- Comprehensive PIam1illg, Local and Military Affairs, 02/26/02, 9.00 am, 309-C

SUPPORT

HB 1475 Underground Facility Damage by Hogan SB 2084 (Identical) by Holzendorf

Revises legislative intent re Underground Facility Damage Prevention & Safety Act; redefines terms "business hours," "excavate," & "system"; defines terms "design services," "positive response," "premark," & "tolerance zone"; provides for free- access notification system; revises procedures for excavation & notification; revises liability provisions; revises non-criminal & criminal penalties, etc.

02/07/02 HOUSE Referred to Utilities & Telecommunications (RIC); Local Government & Veterans Affairs (SGC); Council for Ready 02/13/02 HOUSE Favorable by Utilities & Telecommunications (RIC); YEAS 15 NAYS 002/14/02 HOUSE

02/21/02 HOUSE Favorable with 5 amendment(s) by Local Government & Veterans Affairs (SGC); YEAS 9 NA YS 0

02/22/02 HOUSE Now in Council for Ready Infias1ructure; On Council agenda- Council for Ready Infrastructure, 02/26/02, 1-00 pm, 404-H (Representative Hogan, a former Bell Public Relations employee is doing a great job at carrying the company's' water.)

SB 2084 by Holzendorf in, Regulated Industries 2/26/02,4:30prn, 110-S

There are in excess of 11 Telecommunications bills we are watching and waiting for them to hatch from their shell.

PUBLIC SECTOR

OPPOSE

HB 217 School Service Accountability Act

By Mack SB 194 by Villalobos

This bill 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. (Outsourcing, privatizing) 11/06/01 HOUSE Referred to Education Innovation (LLC); Fiscal Responsibility Council; Council for Lifelong Learning

12/20/01 HOUSE On Committee agenda- Education Innovation (LLC), 01/09/02, Favorable with 2 amendment(s) by Education Innovation (LLC) YEAS 11 NA YS 2

02/07/02 HOUSE Fiscal Responsibility Council, 02/11/02, - Temporarily deferred

02/22/02 HOUSE Fiscal Responsibility Council, Favorable with 1 amendment(s) by Fiscal Responsibility Council; YEAS 15 NA YS 8 SB 194 byVillalobos

01/22/02 SENATE Introduced, referred to Education; Appropriations Subcommittee on Education; Appropriations

SB 194 has not moved to an agenda.

(See COMMENTS page 5)

HB 611 Bus Drivers by Slosberg

SB 1874 by Miller (similar)

Requires school districts to check driving records of all bus drivers for suspended or revoked drivers' licenses; provides penalties; requires driving records of nonpublic sector bus drivers to be checked for suspended or revoked licenses; provides penalties. 01/22/02 HOUSE Introduced, referred to General Education (LLC); Business Regulation (sac); Council for Lifelong Learning

01/29/02 HOUSE Favorable with 1 amendment(s) by General Education (LLC); YEAS 9 NAYS 0 -

SB 1874 by Miller (similar) 02/06/02 SENATE Introduced, referred to Transportation; Education; Appropriations Subcommittee on Education; Appropriations

02/19/02 SENATE Favorable with 1 amendment(s) by Transportation; YEAS 7NAYS 0

02/20/02 SENATE Now in Education

The one amendment eliminated school districts, so only non-public (outsourced, privatized) school bus drivers are affected,

WATCH

SB 348 Rip Current Warning Signs by Futch

Provides for cooperative effort among state agencies & local governments to plan for & assist in placement of rip

current warning signs; provides that DCA shall direct & coordinate program; requires development of uniform rip current warning sign; authorizes DCA to coordinate distribution & erection of rip current warning signs; provides for rules; limits liability of participating governmental entities. Creates 380.275.

11/02/01 SENATE Referred to Comprehensive Planning, Local and Military Affairs; Judiciary; Appropriations Subcommittee on General Government; Appropriations

02/21/02 SENATE Withdrawn from Appropriations Subcommittee on General Government, Appropriations -SJ 00307; Placed on floor Calendar, on second reading

HB 0533 by Needelman (Identical)

12/17/01 HOUSE Referred to Natural Resources & Environmental Protection (RIC); Local Government & Veterans Affairs (sac); Council for Ready Infrastructure

02/21/02 HOUSE CS by- Council for Ready Infrastructure; YEAS 15 NAYS 0

SUPPORT

BB 265 School District Employees by Richardson SB 422 by 1\fitchell Compare) (Similar H 0047) Extends benefits of Barry Grunow Act, special death benefits to specified school district employees who provide indirect services to students.

11/06/01 HOUSE Referred to General Education (LLC); Education Appropriations (FRC); Council for Lifelong Learning

01/24/02 HOUSE Now in Education Appropriations (FRC)

SB 422 by Mitchell (Compare) 11126101 SENATE Referred to Education; Governmental Oversight and Productivity; Appropriations Subcommittee on Education; Appropriations

01/30/02 SENATE Now in Appropriations Subcommittee on Education

COMMENTS

2/14/2002

SB 1902 Local Govt./Employers/Minimum Wage by Peaden  OPPOSE BAD BILL

(See page 2 for bill info.)

Page 5 of 6

There was a flurry of questions in the Senate Comprehensive Planning, Local Military Affairs Committee Last Tuesday on SB 1902. Although the bill is said not to affect Project Labor Agreements, Government Contracts or existing Living Wage Ordinances, it will however stop any County, City or Municipality from adopting one, even by a vote of the people in their community on a referendum ballot. Below find some "MISS QUOTES" from the Committee.

*Sen. Peaden: Although this is not a problem in Florida currently, it has happened in "one" community in California.

Sen. Geller- I have always tried to concede to local control, the way I read this bill it takes away the choice of the citizens, the people, if they have a referendum on the ballot.

*Sen. Peaden: TRUE

Sell. Lee- There is validity with the fact that people have to make a living wage. Don't know how this bill would effect adversely the economic impact?

Sell. Rossen- Propose an amendment to add: "With the exception of a referendum ballot.

The Amendment passed and moved on to the Commerce and Economic opportunities Committee

211912002 the Rossen amendment was not included in the "New S1rike Everything Amendment. " When CW A Council spoke in committee we cited 2 studies done, one in 1996. Unlike the one study done instate by the business groups, the two out of state studies cited an increase in employee longevity and productivity of workers, no job loss, no increase in contract costs, and easier to recruit better skilled workers. The bill passed the committee without the Rossen referendum ballot amendment. It is now on the Senate Floor on Second Reading. (See bill details on page 2)

OPPOSE

H 0217 School Service Accountability Act

by Mack (See bill details on page 4)

There was quite a bit of bantering during the Fiscal Responsibility Council Meeting. Here are a few "MISS-QUOTES" to give you the flavor of the meeting.

Rep. Wilson- Doesn't this bill do what Sharpen Pencil Bill last year does.

*Rep. Mack: No direct answer.

Rep. Ryan- Do you want the private entity to prepare the criteria for (bids and jobs)? This would be a first