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Phone rate repeal fades

Gov. Bush says the effort is unnecessary, casting doubt on the success of an issue championed by Senate candidate Johnnie Byrd.

TALLAHASSEE - Gov. Jeb Bush on Thursday came out strongly against an effort to repeal a year-old law that could lead to record phone rates.

"I don't think it is necessary," Bush told reporters. A pending lawsuit will delay the rates for a year, he said, and the state should spend that time studying whether the law will bring about increased competition as intended.

Asked if he would veto the bill if it passes, Bush said it will never reach his desk. The Senate apparently does not plan to bring the matter to a vote, which would kill it.

It was Bush's strongest statement yet on a proposal by House Speaker Johnnie Byrd to repeal the phone rate law. On Monday, Bush said he wanted to study the issue before taking a position. Thursday he said he has conferred with his legal team and doesn't believe the law needs to be repealed.

Bush's stand was music to the ears of phone industry lobbyists, who were scrambling to block the repeal of a law that could mean millions of dollars for their clients.

Bush's opposition creates a political dilemma for Byrd, the champion of the repeal effort: Will he still try to push it through the House now that Bush is opposed?

Lawmakers looking to avoid a vote they don't want to cast can use Bush as cover.

Byrd, who is running in a crowded Republican field for the U.S. Senate, apparently intends to bring the issue to a vote in the House anyway.

"The speaker says he'll pass it anyway, which is okay," Bush said. "I think he has a different perspective on the process here."

Bush said Byrd is "well intended." But telecommunications lobbyists suggested Byrd's moves are intended merely to help his Senate bid. Byrd could not be reached for comment after the governor spoke at midday Thursday.

Mike Raynor, the BellSouth executive leading 114 lobbyists from several telecommunications companies, said they like the governor's suggestion of a study, but will remain vigilant against repeal. He said Floridians need to give the new law, designed to increase competition among telecom companies, a chance to work.

"I don't know why Byrd would want to put his members through a vote," Raynor said. "Generally, when someone wants to pass a bill, they would look at what the Senate and the governor are doing before you put it to a vote."

The news was not welcome to the AARP, which has mounted a campaign to repeal the law because it would substantially increase residential rates for customers who don't make many long distance calls.

"Clearly, we disagree respectfully" with the governor, said AARP spokeswoman Lyn Bodiford. "I haven't seen his logic, but we believe circumstances have changed since last year."

Bodiford said the competition the law was supposed to create won't develop because a recent federal court ruling limited the ability of states to regulate some phone charges.

Bush said he reached his conclusion after conferring with lawyers who are familiar with the court decision and Attorney General Charlie Crist's challenge to the law.

By the time the Public Service Commission and the Florida Supreme Court deal with the legal challenge, another Legislature will be in session and could deal with any problems, Bush said.

Bush's opposition is the latest sign of trouble for Byrd's agenda.

As several hundred doctors in white lab coats rallied at the Capitol on Thursday for relief from high malpractice insurance costs, Byrd scheduled debate on a bill that would make it harder for lawyers to sue hospitals.

It didn't happen. Byrd cut short the session, saying he wanted to give House members more time to prepare for budget deliberations. But lawmakers in both parties filed amendments attacking key provisions of the bill, and a major battle loomed.

Trial lawyer lobbyists said passage was in doubt. Byrd later told reporters some amendments were "duplicative" and others were "contentious."

The only good news Byrd had for the doctors was that the House has passed a bill that would restrict advertising solicitations by lawyers. But there is no sponsor for that bill in the Senate.

On two other recent issues, Byrd was forced to retreat.

He backed limits on attorneys' fees in some malpractice cases, but the idea fizzled after several House Republicans publicly opposed the idea.

He also called for a parental rights amendment to the state Constitution. He hired a $300-an-hour constitutional lawyer and promoted the need for the amendment on national TV. He later backed down in the face of strong Senate resistance, and the House will pass a narrowly crafted bill requiring minors to notify parents before having an abortion.

Rep. Holly Benson, R-Pensacola, predicted that when the telephone repeal bill hits the floor, most lawmakers will feel overwhelming pressure to support it.

"They're going to remember how important this is to their constituents," Benson said. "You have to remember: This really hits home."