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Messenger
The
The newsletter of The James Madison Institute www.jamesmadison.org s pring 2012
Trusted Solutions for a Better Florida
FLORIDIANS UNITE AGAINST
FEDERAL OVERREACH: From
the steps of the Florida
JMI now has journalists on Capitol, U.S. Congressman
staff holding government Steve Southerland (FL-2)
accountable in Tallahassee defends Florida’s right to
and around the state. Visit maintain effective control
www.capitolvanguard.org over its waterways. His
for regular news reports federal bill largely mirrors
each week. the state legislature’s
unanimous effort to reject
the U.S. Environmental
Protection Agency’s
regulatory overreach.
Florida Fights Back
A s Governor Rick Scott was being sworn into
office in January 2011, Florida’s unemploy-
ment rate was a staggering 12%. Since then,
costly regulation imposed by the Environmental
Protection Agency (page 5); and how Florida is
continuing to position itself as a state open for
unemployment has dropped to 9%. However, business with reduced taxes, regulations, and a
InsIde ThIs Issue: even as many Floridians have gone back to lower cost for consumers across the state (pages
work, too many are still unemployed. In ad- 4-5). Much more needs to be done — and we
President’s Message dition, more than 300,000 homes in Florida hope lawmakers will take note of those things
Page 2 remain in foreclosure, with more expected that will continue to help Floridians fight back
before our housing market finally “bottoms against an encroaching federal government
Governor Walker in Naples out” and rebounds. and an economy that still awaits a much fuller
Page 3 Despite what policy makers in Florida have recovery. Since Ponce de Leon arrived on our
tried to do to revive our state’s economic situ- shores nearly 500 years ago, Florida has always
2012 Legislative Report
ation, many of Florida’s woes are a result of been a land with an entrepreneurial spirit. It is
Pages 4-5, 11
federal overreach into the housing sector and no surprise then that Floridians of all stripes are
JMI in Action reckless spending on everything from “stimulus” finding a way to fight back.
Pages 6-7 projects to entitlement programs. Florida also A full report on the 2012 legislative session
remains particularly vulnerable to the poor hous- begins on page 4.
Thrift & Civics Education ing market and fluctuating energy prices
Pages 8-9 due to our reliance on tourism, agriculture,
JMI’s Winter 2012 Journal
and new construction, not to mention the
Moving to The Columns proposed a number of policy ideas
threat employers face from new federal
Page 9 mandates in the healthcare sector.
for the early Florida legislative
However, Floridians — and our elected session. The Journal is hand
Faces of JMI
officials — are fighting back. In this issue delivered to each legislative
Page 10 office and sent to JMI members
of the Messenger you will read about how
Florida led the lawsuit against the federal around the state three times each
JMI vs. ObamaCare
government’s healthcare mandate (page year. subscribe to the Journal by
Page 10
10); how the Florida Legislature, in a unani- becoming a member today at
mous bipartisan vote, fought back against a www.jamesmadison.org.
MEssAGE FROM ThE PREsIdENT
There is no question that 2012 is a pivotal year in our
nation’s history. Just how pivotal remains to be seen.
We have an economy teetering on the edge, constrained
BOARd OF dIRECTORs by a federal government that continues to spend, tax,
Chairman: Allan Bense, Panama City
Vice Chairman: J. Stanley Marshall, Tallahassee and regulate. The nation waits, following oral argu-
President and CEO: J. Robert McClure III ments regarding the Patient Protection and Affordable
Glen Blauch, Naples Care Act (otherwise known as “ObamaCare”) to see
Jacob F. Bryan, Jacksonville Bob McClure whether or not the U.S. Supreme Court will change
Charles E. Cobb, Coral Gables 225 years of precedent and settled law. Ahead of us
Mark Crosswhite, Pensacola
Rebecca Dunn, Palm Beach are state and national elections that will go a long way towards dictating the future
George W. Gibbs III, Jacksonville of this great country.
Robert H. Gidel, Sr., Orlando
L. Charles Hilton, Panama City And your favorite think tank engages every day in these struggles, advancing the
John Hrabusa, Lakeland principles of economic freedom, personal responsibility, and private philanthropy.
John F. Kirtley, Tampa
Fred Leonhardt, Orlando On numerous strategic fronts, JMI is defending freedom while offering solu-
Jeffrey V. Swain, Tallahassee tions to the issues that Floridians and the rest of the country face. We work with
Thomas K. Sittema, Orlando elected officials on ideas to rescue this economy and create jobs. In an effort to
ThE REsEARCh AdvIsORy COuNCIL OF strike down the onerous healthcare law, JMI filed an Amicus brief with the U.S.
ThE JAMEs MAdIsON INsTITuTE Supreme Court in February in defense of state sovereignty and the “laboratories
Dr. Susan Aud, Milton and Rose of democracy” that the Founders envisioned; and we will play an influential role
Friedman Foundation in the 2012 election by sticking to our principles.
Dr. Michael Bond, University
of Arizona JMI will not focus on personalities but rather on policies — holding candidates
Dr. Marshall DeRosa, Florida accountable for their words and their promises, while shaping the battle of ideas
Atlantic University
Dr. Thomas V. DiBacco, American University during the numerous debates that will no doubt take place. We remain the one
Dino Falaschetti, Florida State University, “honest broker” in Florida devoted to liberty, the protection of private property,
College of Law
Dr. James Gwartney, Florida State University and the rule of law, and 2012 provides a whole host of opportunities to expand
Dr. Bradley K. Hobbs, Florida Gulf our influence.
Coast University
Dr. Randall Holcombe, Florida
Understand this: The Institute’s ability to expand its reach and to take on these
State University challenges has never been stronger, thanks to you. Numerous opportunities are
Dr. Barry Poulson, the University before us, and I’m optimistic that with hard work and a compelling message, we
of Colorado
J.B. Ruhl, J.D., Florida State University will win the day. After all, the hunger for freedom is universal.
College of Law I hope you can see from this edition of the Messenger just how active we have
Peter Schweizer, Hoover Institution
James Taylor, J.D., The Heartland Institute been during the first few months of the year; and just how active we will be going
forward. Thanks to so many of you, our impact and influence continue to expand
across the state and the country. If you are not yet a member of The James Madi-
sTAFF dIRECTORy son Institute, consider joining. Together we can get Florida back on the road to
Bob McClure, President and CEO
J. Stanley Marshall, Founding Chairman prosperity and serve as a model to the nation, all the while protecting the future
Amar Ali, Research Associate for our children and grandchildren.
Tanja Clendinen, Director of Communications
Francisco Gonzalez, Director of Development
Keri Gordon, Executive Assistant Sincerely,
Becky Liner, Director of Operations
Jill Mattox, Development Grant Writer
William Mattox, Resident Fellow
Will Patrick, Capitol Reporter
Thomas Perrin, Director of Public Affairs
Bob Sanchez, Director of Policy J. Robert McClure III, Ph.D.
Jenny Stone, Donor Relations Manager President and CEO
Laura Ward, Financial Manager
ThE JAMEs MAdIsON INsTITuTE
P.O. Box 37460, Tallahassee, FL 32315
850-386-3131 Phone, 850-386-1807 Fax
jmi@jamesmadison.org
www.jamesmadison.org
2 The Messenger spring 2012
JMI hosts Governor scott Walker in Naples
By David Healy, JMI Intern and attacking Governor Walker’s
free-market prescriptions for
O n February 8th, The James Madison Wisconsin and the nation.
Institute hosted Wisconsin Governor However, many support Gov-
Scott Walker at the Ritz-Carlton Golf Re- ernor Walker’s dogged efforts to
sort in Naples, Florida. Speaking on the lead his state to live within its
importance of the free-market policies he means. “Governor Walker has
has implemented on the state level, Gov- been in office a little more than a
ernor Walker made a strong case about year, and the reforms have been
how his reforms are helping to grow the unbelievable,” said JMI President
economy in Wisconsin while limiting the Bob McClure.
scope of government. These reforms have already
“The real places where we change taken effect and shown positive
America are not in Washington; we change results. In the four years prior
things in the states.” Over 230 JMI mem- to Governor Walker’s election in
2010, Wisconsin had steadily lost
Wisconsin Governor Scott Walker addresses more than over 150,000 private sector jobs.
230 JMI members and guests at the February 8th Naples But now, says Governor Walker,
“The real places where we luncheon.
“the unemployment rate is lower
change America are not recall campaign that will try to oust him than it was in 2008.”
from office this June. In Naples, 1500 The Governor delivered an articulate re-
in Washington; we change
miles south of the Badger state, his fiscal sponse to those who disagree with him and
things in the states.” policies were met with the ire of some 200 is certainly using his recall election as an
demonstrators, many of whom were union opportunity to emphasize the results of his
members and part of the “Occupy Naples” reforms. If you weren’t able to make it to
bers and guests attended and greeted the group. In anticipation of his speaking at the February event in Naples, you can view
Governor with a warm reception. the JMI Naples luncheon on February 8th, the full video on JMI’s YouTube channel,
Governor Walker’s pursuit of a solvent the local newspapers’ opinion pages were which can be accessed via the Institute’s
government and an equitable market has full of letters to the editor both supporting home page at www.jamesmadison.org.
made him a polarizing figure in an age
of extravagant government. Upon taking
office last year, the Governor used the
support of a conservative legislature to
curb the public employees unions’ ability
to bargain collectively for benefits such
as pensions and tenure practices and to
give public employees the choice not to
join a union. “Instead of fourteen hundred
dollars being automatically deducted from
teachers’ salaries every year, they can
choose to use that money to contribute
to their own health pensions or put it in
their savings account so their kid can go
to college,” said Governor Walker.
His closing of Wisconsin’s $3.6 billion
dollar budget gap has been hailed as fis-
cal responsibility by some and vilified as
draconian austerity by others. Back home,
the Governor is squaring up against the Governor Walker with JMI Naples Board member Glen Blauch and his family. From left to right: Ryan
union bosses as he faces a well-financed Blauch, Christina Bower, Glen Blauch, Governor Walker, Amy Blauch, and Sandra Blauch.
www.jamesmadison.org The Messenger 3
2 0 1 2 L E G I s L A
The ups and downs of the 2012 Legislative session
By Thomas Perrin and Will Patrick
T he 2012 legislative session could best be described as a
rollercoaster ride. Several positive changes were crafted and
approved, but unfortunately many good proposals died because
14 days to seek medical treatment regardless of who’s
at fault. Coverage restrictions will shrink to exclude
acupuncturists and massage therapists, and will only
of political infighting or time constraints. extend to chiropractors when patients are referred by
Controversies surrounding redistricting, casinos, and the state doctors. Attorney fees will not be capped, but the “fee
budget consumed much of the legislators’ time and attention. multiplier” awarded to personal injury attorneys in these
New congressional and legislative districts were drawn in an at- kinds of cases is now prohibited.
tempt to comply with the new guidelines from the 2010 election’s
Amendments 5 and 6, but the Florida Supreme Court ended up
ruling that the Senate needed to rework sections of its plan. A
casino gambling proposal that would have allowed three large
“destination resorts” to open and operate in South Florida was
reviewed but scrapped after lawmakers couldn’t agree on the
terms. A new $70 billion balanced state budget was approved,
commendably holding the line on taxes and spending. Gov.
Rick Scott used his line-item veto to cut an additional $142.7
million dedicated to specific appropriations.
Notable proposals enacted:
• The Florida Legislature further expanded the Florida Tax
Credit Scholarship Program, which already provides a
school voucher to more than 40,000 Florida students PIP, PIP, POORAY! Florida CFO Jeff Atwater speaks at a press conference on
from low-income families. House Bill (HB) 859 increased PIP reform with Governor Scott and consumer advocates. The new law is
the maximum tax credit available to corporations do- expected to reduce accident fraud and lower auto insurance premiums.
nating to the program in fiscal year 2012-2013 by $10.2
million -- to $229 million. Also, after 2013-2014, the cap
amount will be expanded by 25 percent every year when
90 percent of the previous year’s cap is reached. The
bill also repeals an eligibility requirement that students
must have been previously enrolled in a public school.
It also allows participating private schools to administer
statewide assessments in conjunction with the Depart-
ment of Education.
• All Florida drivers must carry Personal Injury Protec-
tion (PIP) insurance. Thanks to the Legislature’s actions
this session, policyholders can now expect a marked
reduction in their premiums, including a minimum of
10 percent by October 1 and 25 percent by 2014. With
less than three hours before the 2012 session’s midnight
deadline for adjournment, Gov. Rick Scott saw his top
legislative priority – reform of Florida’s auto insurance
LET’S GET TO WORK: Bob McClure joins Florida Governor Rick Scott and
law – narrowly pass through the Senate by a 22-17 vote. other advocates at a bill signing ceremony. The Governor signed four
After much compromise, HB 119 is expected to go a long “jobs bills” into law, reducing taxes and regulations for small businesses
way towards combating $1 billion in annual auto insur- and turning Florida’s unemployment compensation system into a
ance fraud. The bill affords those injured in an auto crash reemployment assistance program.
4 The Messenger spring 2012
A T I v E R E P O R T
• Four new jobs bills signed by the Governor are designed EPA’s rules would have soared well into the billions
to provide $120 million in tax cuts to businesses and —with Florida’s taxpayers footing the bill. Sensing a
drive down the unemployment rate – making Florida showdown, the EPA has since relented – for now, at least.
the first state in the country to change from an unem-
ployment compensation system to a re-employment as- • The Legislature also passed HB 177, which attempts to
sistance program. One of the bills focuses on providing help prison inmates adjust to re-entering civil society
job skills training to Florida’s out-of-work citizens who when they are released from custody. The bill would
need it the most, while another bill doubled the corpo- expand drug treatment and rehabilitation programs
rate income tax exemption to $50,000, eliminating 25% across the state and potentially shorten prison terms for
of remaining payers and representing a 66% reduction a relatively small number of nonviolent felons.
since Governor Scott began eliminating the tax in 2011.
• A regulation which was passed in 2010 to require a septic Notable proposals defeated:
tank inspection every five years was repealed during the
2012 session — thus eliminating a costly regulation for • Lawmakers couldn’t reach agreement on pension reforms
septic tank owners. for new enrollees in the Florida Retirement System,
which includes all employees of the state, counties, and
school districts, plus some municipal employees. HB
525 would have lengthened the vesting period for FRS
➤ members in the traditional “defined benefit” (DB) plan
MEDIA INFLUENCE: to 11 years from the current eight years. New employees
JMI President who did not express a preference for their retirement plan
Bob McClure is during their first six months on the job would be placed
interviewed in the
in the 401k-style “defined contribution” (DC) investment
Florida Capitol by
James Call of WFSU, plan. The bill would have also reversed a change made
Florida Public Radio. last year, which delayed retirement for police officers,
firefighters, and other members of the special risk class.
Negotiations with the Senate ultimately fell apart. This
year’s pension proposals would have gone a long way
toward shifting more public employees to a DC plan,
reducing the taxpayers’ cost to cover future pension
obligations. This is an area that the Legislature should
review again next year.
➤
BRINGING THE HEAT: JMI
Policy Director Bob Sanchez • A plan to empower parents of children assigned to the
testifies about government worst-rated public schools with several improvement
employee pension reform
options failed by a 20-20 tie vote in the Senate. Notably,
at a legislative committee.
Senate Bill (SB) 1718, which was dubbed the “Parent Trig-
ger Bill,” would have opened the door for failed public
• Florida successfully fought back against a controversial schools to be converted into private charter schools if a
regulation by the Environmental Protection Agency simple majority of parents petitioned their local school
(EPA). In a rare unanimous expression of bipartisan board to do so. The bill received strong support from
support, Gov. Rick Scott signed HB 7051 after it passed former Gov. Jeb Bush and his Foundation for Excellence
the House 118-0 and Senate 38-0. The bill established in Education. It was vehemently opposed by the Florida
Florida’s own water quality standards in an attempt to Education Association, a federation of teachers’ unions.
replace the EPA’s rules that were set to take effect on With Senate leadership pressing for the bill’s passage
March 6, 2012. The federal mandate would have set the and strong intraparty support, SB 1718’s failure to pass
acceptable “numeric nutrient criteria” found in inland was disappointing. Reminiscent of the vote on a prison-
waters at levels that would hand de facto control of privatization bill (SB 2038), which also failed, a group
Florida’s waterways over to the EPA. Several non-partisan of eight Republicans joined with all 12 Democrats to kill
studies have shown that the costs of implementing the this school choice bill.
(Continured on page 11)
www.jamesmadison.org The Messenger 5
1 Jacksonville –
JMI in Action Members of JMI’s
Jacksonville Board of
Advisors prepare to
T he pictures and captions on these pages hear a presentation
on organized labor’s
reflect some of the highlights from the
regulatory agenda by
late fall 2011 through the Florida “winter”
Glenn Spencer of the U.S.
of 2012. During that time period, JMI held Chamber of Commerce.
more than a dozen events across the state
and served as speakers and panelists at
various conferences and gatherings. As
2012 swung into gear, the Institute educated
policymakers, citizens, and high school
and colleges students about threats to
Constitutional principles and how economic
freedom can address the contemporary
challenges we face in public policy. 11 10
12
9
2 Tampa – In six events across the state in March, JMI hosted Glenn
Spencer, Vice President of the Workforce Freedom Initiative at the 2
U.S. Chamber of Commerce. Above, Mr. Spencer presents his findings
on “Organized Labor’s Regulatory Agenda” at the University Club of
Tampa on March 21.
3
3 Sarasota – JMI member Jim Tollerton introduces
JMI President Bob McClure as the keynote speaker
at a breakfast the Institute co-hosts with him on
March 21.
4 Naples – Wisconsin Governor Scott Walker
keynotes JMI’s Naples Luncheon on February 8. See
story, page 3.
6 The Messenger spring 2012
Additional
5 Orlando – In partnership
with the Orange County Young
Events
Republicans, led at the time
8 Orlando – Bill Mattox speaks at the 2nd
by Christian Waugh of JMI’s
Central Florida Board of Advisors, Annual Florida Sunshine Summit on March 12.
“Madison Movie Nights”
hosts a screening of Waiting 9 Gainesville – Bob McClure delivers a
for Superman, the alarming lecture at the University of Florida’s College of
documentary about America’s Education on February 29.
failing public school system. The
screening is followed by a panel 10 Pensacola – Bob Sanchez addresses the Gulf
discussion including JMI Resident Coast Economics Club on February 15 on the
Fellow Bill Mattox. topic, “Has America Reached the Tipping Point?”
11 Pensacola – On February 2, Bill Mattox
delivers a President’s Day Message to the
Pensacola Rotary Club on “The Greatest
1
President of the 20th Century.” To see whom
he chose, view the lecture on JMI’s YouTube
channel, accessible via the JMI website at
www.jamesmadison.org.
12 East Point – To kick off Thrift Education
9
Week, JMI hosts “Ben Franklin” on January 17,
to speak to students in Franklin County, Florida
about the value of thrift. See Story, page 8.
13 Davie – On January 14, JMI co-sponsors the
6 Boca Raton – Dr. Whalid Phares (center) is a guest speaker International School Choice Reform academic
at JMI’s “American Cause” civics seminar for college students conference at Nova Southeastern University.
15
5 at Florida Atlantic University on February 13. The series is
8 14 Orlando – On November 14, JMI Policy
14 led by JMI Senior Fellow and FAU political science professor
Marshall DeRosa (right). At left are JMI’s Francisco Gonzalez Director Bob Sanchez serves as a panelist at
and Bob Rubin, FAU Trustee and member of JMI’s Palm Beach the Florida Chamber of Commerce’s Insurance
Board of Advisors. Summit.
15 Orlando – On November 5, JMI’s
Development Director Francisco Gonzalez
leads a fundraising seminar at the
Collegiate Network’s annual national
conference, for student editors who lead
6 conservative college newspapers around
the country.
4
13 OUt Of State
7
16 Albuquerque, New Mexico – JMI
Public Affairs Director Thomas Perrin
attends the Cato
Institute’s Health
Care Policy
Summit on
16 Albuquerque
7 Miami – JMI and SunPac: Florida Hispanic Outreach held a luncheon January 6-8.
at John Martin’s Irish Pub & Restaurant in Coral Gables. Pictured above
(left to right) are SunPac Chairman Jeb Bush, Jr., JMI Board Member
Ambassador Charles Cobb, and JMI President & CEO Dr. Bob McClure.
www.jamesmadison.org The Messenger 7
Governor, Lt. Governor, and CFO help
JMI Revive ‘Thrift Week’ in Florida
F lorida Gov. Rick Scott and Lt. Gov. Jen-
nifer Carroll participated in a special
JMI celebration promoting thrift educa-
rulers,” noted JMI President Bob McClure
at the Florida Capitol event. “So, it’s fitting
that our new curriculum would be built
tion for students at the Florida Capitol in around Franklin’s time-honored ideas.”
January. The event featured the official Benjamin Franklin re-enactor Lloyd
unveiling of JMI’s new supplemental Wheeler took part in the celebration at
curriculum, All About the Benjamins: the Capitol, telling students that Franklin’s
Understanding the Value of Thrift. interest in thrift began at an early age
Scott’s mid-day speech to more than after he discovered that he had greatly
100 Florida students and parents followed overpaid for a tin whistle. The following
his signing of an Official Proclamation week, Wheeler gave a similar performance
designating the week of Benjamin Frank- for students at the Franklin County Public “Ben Franklin” (re-enactor Lloyd Wheeler of
lin’s birthday (Jan. 17) as “Thrift Week” School (K-12). Tallahassee) visits with students in Franklin
in Florida. This proclamation, which was Throughout Thrift Week, JMI used its County, Florida.
also signed by Chief Financial Officer Jeff Twitter account to tweet “daily benjamins”
Atwater and other members of the Florida (wise sayings about thrift popularized by
cabinet, calls thrift “the antidote to the Franklin). Some of these took on a life of
high levels of debt and economic uncer- their own. For example, one showed up
tainty currently plaguing our nation.” on a church marquee; and another got re-
Underwritten by a generous grant from tweeted by Florida House Appropriations
the John Templeton Foundation, JMI’s Chair Denise Grimsley, who reminded her
new curriculum draws upon Franklin’s colleagues: “Beware of little expenses; a
wise sayings promoting industry, frugal- small leak will sink a great ship.”
ity, and the wise use of one’s resources. During Thrift Week, JMI Resident Fel-
“Ben Franklin recognized that it is just as low William Mattox also took part in a
important for Americans to have economic special program in Philadelphia sponsored
freedom from debt and dependency as it is by the Institute for American Values. This
to have political freedom from tyrannical event surrounded the release of Why Thrift
JMI’s 12-page curriculum guide “All About
the Benjamins” was distributed to more than
Florida’s Chief 135,000 high school students in 50 Florida
Financial Officer counties during Thrift Week in January.
Jeff Atwater
(right) presents
a Thrift Week Matters, an important new scholarly report
Proclamation to which JMI joined in signing.
JMI President
In addition to its new work on thrift,
Bob McClure in
January; In April, JMI continued its longstanding work on
CFO Atwater civics, holding a spring seminar series on
addresses JMI’s “The American Cause” at Florida Atlantic
“American Cause” University. Hosted by JMI Senior Fellow
civics seminar at Marshall DeRosa, these programs expose
FAU on the topic, college students to a number of dynamic
“Why Economic speakers, including Dr. Whalid Phares,
Freedom
a counterterrorism expert who spoke on
Matters.”
“America’s Image in the Middle East After
(Continured on page 9)
8 The Messenger spring 2012
Putting the Finishing Touches on The Columns
W ith the 2012 legislative session –
and special session – complete, the
Institute is now preparing to officially and
“We’re really getting ready to shake
things up in Florida’s capital city more
than ever,” said Development Director
us throughout the month of May as we
make this move. While we’re shaking up
downtown Tallahassee, please pardon
literally move into its new downtown Tal- Francisco Gonzalez. “We’re just asking our dust.”
lahassee headquarters during the month our members and friends to bear with
of May. It’s not quite a move back to the
1830s, but it sure feels like it.
“This is a beautiful old building and
we’ve given it a nice upgrade,” said Direc-
tor of Operations Becky Liner.
There is a fresh coat of paint on all the
walls, new wood flooring and chandeliers
that keep with the historic nature of the
building, among many other upgraded
features. “We wanted to have an ‘old
Florida’ theme with this building,” said
Institute President Bob McClure. “The
bones of the building were in great shape,
it was just about sprucing it up.”
As of this writing, boxes were being
packed at the Institute’s “old” headquar-
ters on Delta Boulevard in preparation
for the move. Stay tuned to the Institute’s
website, emails, and the next edition of No, that’s not quite what we’ve done with the renovations! Above is a picture of The Columns, JMI’s
the Messenger for a full update as well as new downtown Tallahassee headquarters, as depicted at LegoLand Florida, a new theme park in
news on grand opening activities. Central Florida. (Photo by Laura Sullivan-Hackley)
(Continured from page 8)
the Arab Spring;” Glenn Spencer, Execu-
tive Director of the Workforce Freedom S av e t h e D at e
Initiative at the U.S. Chamber of Com-
merce, who spoke on “The Separation of The
Powers and its Impact on American Free
Enterprise;” and Florida Chief Financial JaMes MadIson
Officer Jeff Atwater, who spoke on April
9th on “Why Economic Freedom Matters.”
InsTITu Te’s
JMI also continued its “Madison Movie 25 th anniverSary
Gala
Nights” on college campuses, bringing a
new documentary on entrepreneurship
to Florida State University in March after
screening two school choice documenta-
ries last fall at the University of Central
Florida and FSU, as well as a documentary
that analyzes the flaws of the Canadian
health care system and compares it to
“ObamaCare.” On April 4th, the Institute
March 12, 2013
hosted a screening at FSU of the 2011 film tallahaSSee
“Atlas Shrugged: Part 1,” based on the
1957 novel by Ayn Rand.
www.jamesmadison.org The Messenger 9
Faces of JMI:
CNL’s CEO Joins JMI’s Board
T om Sittema credits his parents for
inspiring him “to be informed at a
very young age.” While he does not like
Mr. Sittema received his Bachelor of
Arts degree in Business Administration
from Dordt College and an MBA with a
“politics” per se, he does believe “it is the concentration in finance from Indiana
responsibility of being a good corporate University. In 2007, he was named one
citizen to be informed and
to have an understanding
of the “Seven Investment
Bankers Every Director
JMI Files Challenge
of the key issues that are
fundamentally driving
Should Know,” by Cor- to ObamaCare with
government.”
porate Board Member
magazine.
u.s. supreme Court
Mr. Sittema is the chief By David Healy, JMI intern
Mr. Sittema also has
executive officer of CNL
an interest in develop-
O
Financial Group, a lead- n January 17, The James Madison
ing private investment ing the next generation
Institute filed an amicus brief with
firm that provides global of leadership in Florida.
the United States Supreme Court in
real estate and alternative When he and his wife
support of Florida and 25 other states’
investments. He joined moved to Orlando two challenge of the Obama Administra-
CNL in October 2009 after years ago, he joined the tion’s Patient Protection and Affordable
a long and prestigious in- Board of Overseers for Care Act (PPACA). One provision of the
vestment banking career the Crummer Graduate highly contested new law, often called
with Bank of America, School of Business at “ObamaCare,” would force states to in-
including his most recent Tom Sittema Rollins College. “I like crease their spending on social services
assignment as managing the collaborative team- such as Medicaid by tens of billions of
director of real estate, gaming and lodging based and holistic approach Rollins takes dollars every year. JMI argued that by
investment banking for Bank of America linking states’ compliance with their
in educating students,” he said. “They
Merrill Lynch. federal funding, the PPACA “under-
successfully integrate important topics of
Mr. Sittema joined the real estate invest- mines the essence of federalism by
leadership and ethics into their business
ment banking division of Banc of America denying states a meaningful choice on
curriculum.” Mr. Sittema also serves on
Securities at its formation in 1994 and as- whether to expand their state Medicaid
sisted in the establishment and build-out the advisory board of the Center for Real
programs.” Visit jamesmadison.org for
of the company’s securitization/perma- Estate for Belk College of Business at the
a link to JMI’s full Amicus brief.
nent loan programs. University of North Carolina, Charlotte.
The Supreme Court heard oral
He and his wife are involved in a num- Last summer, Mr. Sittema joined the
arguments on State of Florida, et al.,
ber of civic, charitable and faith-based or- Board of Directors of The James Madison
v. United States Department of Health
Institute. “I am very interested in making
ganizations. Mr. Sittema currently serves and Human Resources, et al. in late
what contribution I can in supporting,
as the chairman of WorldServe Ministries March. The challengers focused their
encouraging and influencing the work of
in Dallas, Texas. arguments on the law’s “individual
JMI to inform the electorate on a wide-
He also serves on the Executive Board mandate” provision which would re-
range of important issues,” said Sittema.
of the Metro Orlando Economic Develop- quire all citizens to purchase medical
“Specifically it means making govern-
ment Commission. “The EDC touches on insurance. “Through the Medicaid and
ment more transparent and accountable
a wide array of key civic issues that are individual mandate provision, the law
and guiding elected officials towards a
important to our business, our employees takes power away from the states and
pro-business agenda and a disciplined
the people and puts it into the hands of
and total quality of life in the region as approach to law making.”
the Federal Government,” JMI’s Thomas
they are exclusively focused on attracting, “I am very interested in supporting tort
Perrin said of the health care law. The
retaining and growing jobs,” said Sittema. reform and limited but effective govern-
court’s decision on the constitutionality
“The EDC helps unite Orlando’s business ment while promoting initiatives and poli-
of the law is expected in June.
leaders around a jobs focus.” cies that encourage job creation.”
10 The Messenger spring 2012
2011 LEGIsLATIvE REPORT
(Continured from page 5)
• As for SB 2038, in what became a signature moment the Senate created protections for members appointed
of the 2012 session, the plan to privatize state prisons by previous Governors.
in 18 South Florida counties dramatically failed on the
Senate floor, losing 21-19. At the outset, the Republican- • HB 4013 and SB 238 would have repealed state and fed-
sponsored bill was thought to be a slam dunk because of eral laws requiring that motor fuels contain 10 percent
GOP supermajorities in both houses of the Legislature. ethanol. Sponsors stated that ethanol harms boat motors
But the bill was blocked by a group of rebellious Repub- and causes reduced gas mileage for vehicles. The bill
licans led by Sen. Mike Fasano (R-New Port Richey). appeared to be moving well until Agriculture Commis-
sioner Adam Putnam raised concerns.
• A measure to move 1.47 million policies out of the state-
operated Citizens Property Insurance and into unregu- • Rep. Scott Plakon (R-Longwood) filed HB 4177 which
lated, out-of-state property insurers known as surplus would have repealed previous legislation authorizing
lines companies was filed as HB 245 and SB 578. The red-light cameras, but the bill lost steam and failed.
plan was championed by Rep. Jim Boyd (R-Bradenton)
and other lawmakers who argued that in the event of Summary and Conclusion
a major storm policyholders would be required to pay The 2012 Legislature’s regular session definitely had a differ-
costly assessments on their property insurance and ent feel. Because of redistricting, it began earlier in the year,
their vehicle insurance. Special interest groups fought convening in January instead of the usual March. The early
the changes and Senator Fasano added an amendment schedule, the redrafting of congressional and legislative maps,
requiring Citizens customers to opt-in to the surplus lines a heavily lobbied casino-gambling proposal, and the need to
carriers instead of being transferred to the companies. deal with a budget deficit were major factors determining the
Representative Boyd then permanently postponed his fate of many pieces of legislation
bill, arguing that it was no longer worth passing. Even though the 2012 session did accomplish some good
• The “Health Care Compact” proposal sponsored by Sen. things, many important free-market proposals were left on the
Stephen Wise (R-Jacksonville) gives states the oppor- table – despite one party having supermajorities in both the
tunity to chart their own path in the healthcare arena House and Senate. While some of the players in this year’s
without having to worry about giving up the “federal legislative drama will be gone, casualties of term limits, others
matching funds” they already paid for. This compact return in 2013 – but only if they’re re-elected in a year when
would have equipped Florida with a formal mechanism every single district is up for grabs because of redistricting. So,
for working with other states to roll back federal over- in the end, it’ll be up to Florida’s voters to determine whether
reach in health care while at the same time providing next year’s session will resemble this year’s.
more flexibility for our state. The proposed language was
never sponsored in the House.
• A proposal originally crafted in the Senate would have
allowed restaurants who employ tipped staff to change to
the federal standard of $2.13 per hour instead of the Florida
minimum wage for tipped employees (currently $4.65 per
hour) in exchange for a guarantee that the employee would
have overall compensation no less than $10 an hour. The
Senate later backed off and killed the legislation.
• Currently, it is at the discretion of school boards to al-
locate money to charter schools in their districts. A bold
plan that would have relinquished total control over
these funds and would have required an equal propor-
tion of tax revenues to go to charter schools ultimately
failed to pass the legislature.
DO IT FOR THE KIDS: Thousands of students, parents, and educators
• A bill that would have allowed the Governor more control showed up to lobby legislators on bills that would have empowered
over state judicial nominating commissions died after parents to turn their child’s failing public school into a charter school.
www.jamesmadison.org The Messenger 11
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In Print and Online JMI near the capitol, we have a strong
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