Florida Legislature 2005 (click for ongoing coverage)

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Legislature closes with flurry

By STEVE BOUSQUET, ALISA ULFERTS and JONI JAMES
Published May 7, 2005

TALLAHASSEE - The Florida Legislature resolved a tense standoff on its final day Friday before rushing to pass a $63.1-billion budget, a plan to control growth without new taxes and a modest revamp of Medicaid.

But the 2005 session ended shortly before midnight with no agreement between the House and Senate on a proposal to increase scrutiny of lobbyists, one of Senate President Tom Lee's top priorities.

In a packed Capitol rotunda, minutes before midnight, Lee praised the passage of what he called "historic growth management legislation." But referring to his failed battle to cast new light on the influence of lobbyists, Lee said: "I do have some disappointments. No doubt about that."

House Speaker Allan Bense, R-Panama City, praised the Legislature's work. "We passed a very good budget that I'm proud of," said "We got a lot of things done."

Bense blamed the demise of the lobbyist bill partly on Lee's refusal to approve new judges in Southwest Florida, which angered some House members. He said he favors more disclosure and would keep working with Lee on the issue.

The session that began two months ago amid optimism and a plea from Gov. Jeb Bush to "think big and act boldly" got derailed on its last day when the House accused the Senate of "petty politics." Weary House members and senators blamed each other for killing bills the other side wanted.

After a series of backroom deals, the tension melted and the pace quickened as the clock ticked toward a midnight close.

But no agreement was reached on regulating slot machines in Broward County as voters approved.

In its final vote, the Senate passed a compromise plan to tweak the Florida property insurance market in the wake of last year's four hurricanes.

The session ended with several of Bush's goals unmet, including a partial repeal of the class-size amendment, an expansion of school vouchers for students struggling to read and a major rewrite of laws to make courts friendlier to business.

Bush did not stick around to watch. "He's gone," spokesman Jacob DiPietre said at 9 p.m. "He's left the building."

For the second straight year, lawmakers did not tighten oversight of private schools that get public voucher dollars. They also did not pass restrictions aimed at making it harder for special interest groups to pay professional signature-gatherers on ballot initiatives.

A Medicaid bill fell short of the sweeping changes Bush had sought. The Senate held firm on two pilot projects, one in Broward and the other in Duval and surrounding counties.

One last-minute concession that appeased Bush would allow the pilot programs to expand to other counties after two years if the Legislature approves.

"It's important to send a signal to Washington that Florida is serious about Medicaid reform," said Alan Levine, Bush's secretary of the Agency for Health Care Administration.

The 2005 Legislature began dramatically when the Senate refused to intervene in a judge's order to disconnect a dying Terri Schiavo's feeding tube, drawing national attention.

When the Schiavo matter ended, the Legislature moved quickly to pass a bill backed by the gun lobby to allow law-abiding citizens to "meet force with force" and shoot attackers, even in public. The National Rifle Association hopes to use the momentum from Florida to pass similar legislation in other states.

Some seemingly minor bills drew attention, too.

Lawmakers decided that restaurant patrons should be able to take home an unfinished bottle of wine. To curb road rage, drivers in the left-hand lane will have to yield to passing cars. Police were given the power to stop motorists whose passengers younger than 18 aren't wearing seat belts.

Lawmakers rewrote election laws, tripling the amount of public money candidates for governor and Cabinet can receive and permanently eliminating the runoff or second primary. They voted to extend their terms from eight to 12 years, a proposal that must go before Florida voters in 2006.

Two industries - asbestos manufacturers and utilities that provide streetlights - will find Florida courts a little friendlier under changes that lessen their exposure to lawsuits. Broader changes pushed by a well-financed business lobby failed, notably a bill to rewrite a doctrine known as joint-and-several liability that can require deep-pocket defendants to pay more of a victim's compensation than their portion of liability.

Businesses won a last-minute victory when the Legislature agreed to repeal a never-imposed tax on business-owned substitute communications equipment.

In a year when a surging economy produced billions in new revenue, lawmakers approved a $63.1-billion budget that has the biggest boost in school spending in years - $1.3-billion. But about 40 percent of that new money, $556-million, is earmarked for a 2002 voter mandate to reduce class sizes.

Lawmakers also reduced taxes by another $225-million, raised tuition for universities and community colleges by 5 percent and put $1.2-billion in reserves.

The House rejected a proposal to compensate Wilton Dedge, a Brevard County man who spent 22 years in prison for a rape he did not commit. "Sad," said Sen. Daniel Webster, R-Winter Garden, Dedge's Senate champion. "This man, Wilton Dedge, ought to be compensated today."

Things began unraveling at midday on Friday after the House refused to take up a bill to require lobbyists to disclose how much they spend wining and dining each lawmaker, requirements seen as Lee's highest priority.

The warmth that prevailed for 59 days between Lee and Bense chilled as their differences deepened.

In a direct snub of Lee, the House passed a watered-down version with limited disclosure of fees and only total entertainment expenses reported, a requirement already in state law. The action was seen as retaliation for the Senate killing one of Bense's priorities, to limit businesses' liability when crimes occur on their property.

Ten Republican senators voted against the lawsuit limits Thursday night, siding with trial lawyers who opposed the business community.

While some House members do not share Lee's criticism of lobbyists, others made clear their response was payback for the Senate's rejection of the lawsuit limits.

"What goes around, comes around," said Rep. Jeff Kottkamp, R-Cape Coral. "This is no longer just about lobby reform. This is personal."

The House members' defiance stunned Bense, who quickly called a recess and headed into his office to persuade his fellow Republicans to change their minds. Senators suggested the no vote was staged to send a message to Lee, but the House denied that.

Later, with the Senate in recess, House members criticized Lee, accusing him of singlehandedly refusing to support more judges in the southwest Florida area of Rep. Bruce Kyle, R-Fort Myers. Lee and Kyle have long been at odds and Kyle's interest in a judgeship is well-known.

In asking that the House add three judgeships in his area, Kyle said Lee put "petty politics" over policy and noted that the Supreme Court asked the Legislature to add six judgeships in Kyle's judicial circuit. On a voice vote, the House refused to support Kyle's bid for judges, fearing that the change would kill the bill and no new judges anywhere in the state.

In the noisy rotunda, business lobbyists were disappointed but not surprised that Lee and Bense failed to negotiate a trade of Lee's lobbyist-disclosure rules for Bense's limits on lawsuits.

"We believe there's a quid pro quo," said Barney Bishop, president of AIF, Associated Industries of Florida. "This is a process that's been going on forever. The horse-trading started all the way back with Adam and Eve." Bishop was one of dozens of lobbyists pacing the marble rotunda between the chambers.

As the afternoon wore on, senators wandered back to the chamber during a recess, sipping coffee or talking on their cell phones. The main reason they were there: Lobbyists, crowded outside the chamber doors, can't get in.

Times staff writers Lucy Morgan and Dan DeWitt contributed to this report.

[Last modified May 7, 2005, 06:02:15]