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Justice

Florida Gov. Rick Scott Signs Bill To Speed Up Executions

Florida leads the nation in death row exonerations. Twenty-four inmates sentenced to die in Florida were later proved to be innocent. Meanwhile, just 74 people have been executed since the Supreme Court reauthorized the death penalty in the 1970s — so there is one exoneration for every three people executed in Florida. Nevertheless, a new law signed by Gov. Rick Scott (R-FL) will speed up future executions and reduce the time available for attorneys to prove their client’s innocence.

The new law requires the governor to issue an execution warrant within 30 days of an inmate exhausting their legal remedies and require the execution to take place within 180 days after such a warrant has issued. In many cases, however, crucial errors in a prosecution are not discovered until years after a sentence is handed down. Hundreds of people, for example, may have been convicted due to flawed FBI analyses that were only recently revealed, despite the fact that government officials knew of the flaws for years.

Economy

Florida’s Governor Signs Business-Backed Bill Banning Paid Sick Leave

Florida Gov. Rick Scott (R) signed a bill on Friday that blocks local governments from implementing paid sick leave legislation, the Orlando Sentinel reports. He made his decision quickly, only taking four of the 15 days he legally had to review the bill before he signed it.

In signing the bill, Scott sided with big business interests including Disney World, Darden Restaurants (owner of Olive Garden and Red Lobster), and the Florida Chamber of Commerce. The bill is part of a national effort to pass so-called “preemption bills” that would block paid sick leave legislation that is backed by the American Legislative Exchange Council (ALEC), a right-wing group that coordinates conservative laws across states. The state’s House Majority Leader, Steve Precourt (R), who was instrumental in putting forward the preemption bill, is an active ALEC member.

The bill has made moot a 2014 referendum in Orange County that would have decided whether to require paid sick leave. More than 50,000 voters had tried to get the measure on the November 6 ballot but the County Commission voted it off. It made it on the ballot in 2014 thanks to a three-judge panel.

Florida follows a rash of preemption bills in the states, which cropped up in Wisconsin, Michigan, and Mississippi. These bills are part of ALEC’s efforts to weaken wage and labor standards: Since 2011, 67 such ALEC-affiliated bills have been introduced in state legislatures, 11 of which had been signed into law before Scott signed this bill.

Big business stood in opposition to the Orange County effort on paid sick leave because it claimed such a bill would drive up costs. Yet a study of San Francisco, which enacted a paid sick leave policy in 2007, showed that a majority of businesses saw either no impact or a positive one on profitability. Other research has shown such policies to be good for business and job growth.

Immigration

Florida Governor Vetoes Drivers’ Licenses For The Undocumented

Florida Governor Rick Scott (R) on Tuesday night vetoed a bill that would grant drivers’ licenses to undocumented immigrants in the state.

The measure passed through the state’s Republican-controlled legislature with little difficulty, but Scott on Tuesday claimed the bill never should have made it to his desk: “[passing the bill] should not have been done by relying on a federal government policy adopted without legal basis.”

In June of last year, the Obama administration granted “deferred action” to certain undocumented immigrants. Florida’s ID bill would have given such people the opportunity to obtain a license, which would help to lower the rates of uninsured drivers in the state. But Scott claims that the entire deferred action program, and thus the licensing effort, is illegal.

Scott follows several other Republican governors who have tried to use a legal technicality to avoid signing a bill that might upset his conservative supporters. The governors of both Arizona and Nebraska also said their hands were tied when it came to licensing the undocumented. But several other states — including Nevada, Connecticut, and North Carolina — have recently made steps to license the undocumented.

The veto might also have unintended political consequences. Democratic State Senator Darren Soto (D) dubbed Scott’s veto an “an anti-Hispanic bomb,” expressing a widespread sentiment that, as the country examines an immigration overhaul, every move that disadvantages the undocumented will come under scrutiny.

Justice

Florida Governor Signs Election Reform Bill Reversing His Own Voter Suppression Laws

(Credit: AP)

Last November, Florida voters endured massive lines and chaotic polling places largely thanks to a barrage of election law changes pushed by Gov. Rick Scott (R-FL) and other GOP lawmakers. Republicans slashed the number of early voting days in half, changed ballot length restrictions to add lengthy and frivolous constitutional amendments to 12-page ballots, restricted voter registration, and tried to purge mostly minority voters from the voting rolls.

On Wednesday, Scott signed a bill to reverse his own election laws by restoring early voting days and ballot limits, among other measures.

Though Scott initially insisted he “did the right thing” by implementing these laws, vehement backlash and plummeting approval ratings prompted the governor to embrace election reforms:

The new bill extends early voting from 8 days to 14, extends early voting hours from 8 to 12 hours a day, and expands polling places to include courthouses, civic centers, stadiums, convention centers, fairgrounds and government-owned senior and community centers to keep up with crowds.

It also seeks to make ballot length more manageable by restricting constitutional amendments to a maximum of 75 words, and loosens some of the restrictions on when voters have to file provisional ballots.

It also permits county supervisors to hold early voting on the Sunday before the election, “respecting the ‘souls to the polls’ tradition of many black churches,” as reported by the Florida Current.

The bill moves back Florida’s primary elections from January to the first Tuesday allowed by Democratic and Republican National Committees to avoid penalties.

And lastly, the bill imposes $25,000 fines for failing to fix voting machines, something that reportedly snarled elections in Palm Beach County, according to the Sun Sentinel.

Shortly after the election, prominent GOP members admitted many of the new election laws intentionally tried to make it harder for Democrats to vote. These vote-suppressing efforts largely succeeded; the long lines discouraged at least 201,000 Floridians from voting, while black and Latino voters waited nearly twice as long as whites.

Justice

Exonerated Inmates: Florida Bill To Speed Up Executions Would Have Cost Us Our Lives

Several exonerated men whose innocence of murder was proven years after they were sentenced to death are imploring Gov. Rick Scott (R-FL) not to sign a Florida bill that would set automatic timelines for imposing the death penalty, and likely would have resulted in the execution of these and other innocent people.

The bill, known as the “Timely Justice Act,” was passed last month amid legislator sentiments that “timely justice” is more important than “guilt or innocence,” with one legislator saying, “Only God can judge. But we can sure set up the meeting.”

Now, as the deadline approaches for Gov. Scott to sign the bill, former inmates who escaped the death penalty are coming forward to demonstrate the extraordinary costs of the law’s passage, in a state with the highest number of exonerations, and more people on death row than any state but California.

“If Governor Scott would just sit with me and others like me, I know he will veto this bill that, if it had been law, would have ended my life – I am innocent,” said Seth Penalver, who sat on death row for 18 years before exonerating evidence emerged. “If he signs this bill into law, I fear other people who are innocent like me, will be unjustly executed by the State of Florida.”

Exoneree Juan Melendez wrote in the Huffington Post:

The “Timely Justice Act” would speed up a system we know has already sent innocent men, like myself, to death row. Some of these prisoners may be men like me, who have exhausted their legal appeals, yet keep trying to find a way to prove their innocence.

In multiple cases of current death row prisoners, we don’t know exactly what the legal claims are. Some of the men on Florida’s death row ran out of legal options simply because their attorneys missed filing deadlines.

In those instances, no court had the opportunity to evaluate the claims and determine whether they have merit. How can we possibly justify speeding up the execution of prisoners in those cases?

According to logic of the “Timely Justice Act,” any prisoner who has exhausted his appeals and been through a clemency process has had every opportunity and is ready for an execution date, regardless of the specific questions and issues that surround his case.

I am living proof that each case is unique and that the system must allow ample time for the truth to emerge.
Given Florida’s troubling track record on wrongful convictions, this legislation ensures the unthinkable — the execution of an innocent person.

Although the final version of the bill eliminated timelines for filing appeals and post-conviction motions, it would require the governor to issue an execution warrant to those who have exhausted their legal remedies within 30 days, and require execution within 180 days of the warrant. The problem is that when it comes to the death penalty, cases are reopened years later when new evidence finally emerges or defendants obtain the resources to uncover new evidence. In several recent instances, crucial errors in FBI analysis were not revealed until years after hundreds of individuals’ cases had been completed and decided.

Just this week in Florida, a man who was sentenced to death in 2006 is just now requesting a retrial, after he obtained lawyers in 2011 that secured testing of crucial DNA evidence.

Health

Florida Legislature Refuses To Extend Medicaid Coverage To One Million Low-Income People

Florida Gov. Rick Scott (R)Florida Gov. Rick Scott (R), an ardent Obamacare opponent, surprised health care reform advocates earlier this year when he endorsed expanding his state’s Medicaid program. But the governor can’t single-handedly add more low-income residents to the Florida’s Medicaid rolls; the proposal still needs the support of the GOP-controlled legislature, which has been fighting over it for the past several months. And now that the state’s legislative session has come to an end, time has run out for the estimated 1.3 million Floridians who stood to gain health insurance under Obamacare’s Medicaid expansion.

On Friday, the legislature concluded without passing a budget that includes funding for expanding Medicaid. That means Florida won’t expand Medicaid in 2014 unless lawmakers convene a special session sometime later this year. Democrats in the state are calling for that special session to focus on pushing through a compromise, but the Republican-dominated legislature may not comply. The decision to refuse the expansion will leave about one million Florida residents uninsured.

As Wonkblog’s Sarah Kliff notes, this situation isn’t unique to Florida. In other red states, the Republican governors who have chosen to endorse Medicaid expansion are also struggling to get the support they need from the other members of their party to advance the policy:

This isn’t a phenomenon reserved to Florida. In Ohio, Gov. John Kasich (R) is having trouble moving the Medicaid expansion he supported through the state’s Republican controlled-legislature. Similar fights are playing out in Arizona and Michigan, where Republican governors find themselves in the relatively odd position of trying to sell Obamacare to state legislators of their own party.

In a way, this is a bit surprising. No one ever expected to hear Scott extoll the benefits of President Obama’s signature legislative accomplishment. That being said, the Medicaid expansion is a really big deal for state budgets — the budget that Scott is charged with overseeing. If his state had participated in the Medicaid expansion, the Urban Institute estimated it would bring $66 billion of federal funds into the state over the course of a decade.

That same burden doesn’t rest so heavy on state legislators. States and hospitals tend to cover much of the country’s uncompensated care and unpaid medical bills. Meanwhile, state legislators have faced intense pressure over this vote. In Ohio, my colleague Sandhya Somashekar reported on one group that went door-to-door collecting signatures from voters pledging to thwart reelection efforts should lawmakers there vote to expand Medicaid.

The politicized in-fighting over Obamacare has pitted governors against legislatures across the country, as many Republicans still refuse to cooperate with health reform no matter what the cost. But for the residents in states like Florida, that political reality comes with especially significant consequences.

Florida, where about one in five people lack health care, has one of the highest rates of uninsurance in the nation. Previous studies have estimated that it’s one of the states that would benefit the most from the health reform law’s Medicaid expansion provision. Hospital groups and faith leaders in the state have both lobbied for expanding Medicaid, which they characterize as a “pro-life” program. Nevertheless, even though Rick Scott was able to put aside politics to prioritize health care for low-income Floridians, his fellow Republican lawmakers haven’t been able to do the same.

Health

West Virginia Accepts Medicaid Expansion As Time Runs Out For Other Highly-Uninsured States

Gov. Earl Ray Tomblin (D-WV) (Credit: Raw Story)

West Virginia Gov. Earl Ray Tomblin (D) announced in a press conference on Thursday that his state would take part in Obamacare’s optional Medicaid expansion, calling the decision “the best choice for West Virginia.” But many states still remain up in the air with their decisions, either because they haven’t decided yet or because state executives and legislators are at odds with each other on the issue — and time is running out.

Speaking at St. Francis hospital and flanked by nurses, doctors, and hospital administrators, Tomblin laid out the medical and financial case for expanding Medicaid eligibility — a conclusion that he reached after commissioning a study to examine such a move’s effects on West Virginia. “Expansion will allow us to provide insurance coverage to 91,500 West Virginians,” said Tomblin.

Indeed, West Virginia has much to gain and very little to lose by embracing the Obamacare provision. The state has abysmal health demographics, and over half of West Virginia’s uninsured population lives below 138 percent of the Federal Poverty Level (FPL). These poor and vulnerable populations would gain access to health coverage under the Medicaid expansion, leading the Kaiser Family Foundation to conclude that expansion will reduce the number of uninsured West Virginians by a staggering 67 percent.

Those numbers likely led Tomblin to his decision. But the moderate Democrat has an advantage that governors of other conservative — and highly uninsured — states don’t: the almost assured support of his legislature. Democrats hold a supermajority in the state Senate and an eight seat edge in the House of Delegates, and both of West Virginia’s U.S. senators also support expanding Medicaid, making intraparty barriers unlikely.

The same cannot be said of Republican Govs. Jan Brewer (AZ) and Rick Scott (FL), who have been lobbying for Medicaid expansion after intense pressure from hospital associations and advocates for the poor. Their Republican-controlled state legislatures have been bending over backwards to stop it from happening. Although there is no hard deadline for expanding Medicaid under Obamacare, many of these states’ legislative sessions are quickly coming to an end — meaning that if no agreement is reached soon, they won’t receive the additional federal funds and won’t be able to extend coverage to low-income residents for at least the first full year of Obamacare implementation.

Texas and Louisiana face similar issues. Although some GOP lawmakers in those states are contemplating Arkansas Gov. Mike Beebe’s (D) alternative “private option” — which would take federal money and use it to help an expanded Medicaid pool buy private insurance — those efforts also remain in limbo, as former and current Republican presidential aspirants Govs. Rick Perry (TX) and Bobby Jindal (LA) have oscillated between flat-out rejecting expansion and being coy about their intentions.

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Health

Florida House GOP Wants Poor People To Pay Three Times More For Health Care Than State Lawmakers Do

(Credit: Wikimedia)

The GOP-controlled Florida state house on Friday passed a Medicaid “expansion” bill that would substantially burden the state’s budget by rejecting any federal funding. It would open up private insurance access to a very select pool of Florida’s low-income residents — but it could force these vulnerable Americans to forgo care, despite their new coverage, by giving them insufficient subsidies and making them choose between private high-deductible health plans (HDHPs) that also come with costly premiums.

Unlike its companion bill in the Senate — which has been endorsed by both Gov. Rick Scott (R) and the Obama Administration — the House’s bill would expand coverage to a mere one-tenth of the 1.1 million poor Floridians who would have gained access under a more expansive effort. That’s because the bill only addresses Americans living at or below the Federal Poverty Level (FPL), instead of Obamacare’s more ambitious limit.

Now that the bill has passed, a showdown between the House and Senate is likely. Although both bills would privatize Florida’s Medicaid program, the Senate’s version would insure all poor Floridians up to 138 percent FPL. The House version, on the other hand, will concentrate on extending insurance to poor single moms, poor working parents, and disabled adults by giving them a flat $2,000 per year subsidy — but would not extend coverage to poor working adults in general. Although Republicans insisted the pared down bill was necessary to contain rising health costs, critics argued that it is unfair to ask the poorest Americans to pay over three times the monthly premium as state workers and legislators, pointing out that there is bipartisan support for the Senate’s alternative bill:

The House plan would use $237 million in state funds to give recipients $2,000 a year to choose their own private insurance plans. The plans would require a $25 monthly premium and likely have high deductibles, which Democrats said many families would not be able to afford.

In contrast, House members covered by the state insurance plan spend $8 a month.

“There’s very little you can buy,” said Rep. Mia Jones, D-Jacksonville. “This population will not be able to take this product that has been crafted for them and not be able to do anything of value with it.”

House Democratic Leader Perry Thurston warned that members were missing a chance for bipartisanship, noting the Senate had already put aside their differences.

“We have a governor who has disagreement with the president of the United States but they came to a bipartisan resolution and put aside those differences,” Thurston said. “Why? Because of the importance of saving lives.”

As Jones points out, since this bill would provide Floirida’s uninsured with insurance that they still won’t be able to use, the $237 million price tag is largely a waste. The average annual deductible in HDHPs has been rising steadily as more employers rely on them, ranging anywhere from $1,100 for an individual to $2,500 for a family in 2012. By contrast, the average annual out-of-pocket health care costs for American households is expected to exceed $3,000 by 2014. So the $2,000 annual subsidy wouldn’t end up going very far at all. This would present a problem for any family trying to afford health coverage — but for the particularly vulnerable populations that the Florida House’s bill seeks to cover, it could be catastrophic. Low-income Americans have specialized health care needs that, in many cases, are simply not covered by cheaper private health plans.

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Health

Now That Jeb Bush May Run For President, He Won’t Publicly Admit He Opposes Medicaid Expansion

Former Florida Gov. Jeb Bush (R) appeared on MSNBC’s The Daily Rundown on Tuesday morning to discuss, among other things, a potential presidential run in 2016. And his future political aspirations are already forcing him to choose his words carefully. Even though Bush is an ardent opponent of Obamacare’s Medicaid expansion in private, he wouldn’t go on the record to oppose Gov. Rick Scott’s (R-FL) recent decision to extend health coverage to an estimated 1.3 million low-income Floridians.

Obamacare’s state-level Medicaid expansion is popular with the public, and an increasing number of GOP leaders — including Florida’s — are finally awakening to the reality that accepting federal funds to expand Medicaid is the right move for their constituents as well as for their state budgets. That shift is forcing anti-Obamacare politicians like Bush to mask their opposition to expansion. When host Chuck Todd asked Bush whether he agreed with Scott’s new position on Medicaid expansion, the former governor claimed he’s been too “busy” to form an opinion on the subject:

TODD: Did you think it was the right decision? Would you have made that call?

BUSH: Anytime you have a chance to advocate reform, you should. So Medicaid needs to be reformed. If you’re going to expand it by 50 percent, it sure better be a dramatically different system. And in Florida, there’s a waiver that has been approved that could be that reform — that expands on the reforms that I had a chance to advocate when I was governor. So if the focus is on making Medicaid work for people and that it won’t create this out year costs that people anticipate, that somehow the reform will yield a better result, then okay. Then give him credit. But I haven’t heard that yet –

TODD: You’re not there yet.

BUSH: I guess I’ve been busy, I haven’t been watching the specifics of it. If that’s the case, kudos to the governor. If it isn’t, then he’s put the state in a precarious position three or four years out.

It’s likely not a politically smart move for Florida’s former governor to publicly come out in opposition to extending health coverage to low-income residents in his state, which has one of the highest uninsurance rates in the nation. As of two weeks ago, however, Bush had made up his mind enough to privately pressure Florida lawmakers to oppose expanding Medicaid — urging them to stand in direct opposition to Rick Scott and come up with an alternative to expansion. Those efforts may have paid off. The state’s GOP-controlled House of Representatives voted to reject Medicaid expansion on Monday, effectively stalling reform.

Bush demurred on his personal position on Scott’s decision, but he did indicate his support for Florida’s Medicaid waiver — which is essentially a proposal to shift the program’s beneficiaries toward private managed care. If Bush does begin paying more attention to the specifics of health policy, he may be interested to learn that Florida’s push to privatize the public program would likely be even more expensive than accepting Obamacare’s traditional expansion, since Medicaid is currently much cheaper than private insurance.

The GOP’s potential presidential candidates are split on the issue of Medicaid expansion. New Jersey Gov. Chris Christie agreed to expand Medicaid just last week — a position that may have landed him in hot water with the conservative establishment — but Louisiana Gov. Bobby Jindal remains opposed it, and Wisconsin Gov. Scott Walker has rejected Obamacare’s Medicaid expansion in favor of a risky proposal that may end up providing his state’s poor residents with a lower quality of coverage.

Update

CNN reports that Jeb Bush is cautiously expressing “doubts” about Florida’s Medicaid expansion. “I have doubts because I think if three years from now, as I understand it, three or four years from now, the deal is that the fed match goes from 95 back to what it is now, which is about 55 in Florida,” Bush said.

Health

Rick Scott Reverses Course, Becomes 7th GOP Governor To Accept Obamacare’s Medicaid Expansion

Florida Gov. Rick Scott (R), a former hospital CEO and ardent Obamacare critic, announced at a press conference Wednesday evening that he will accept Obamacare funding in order to expand his state’s Medicaid program for low-income Americans. The move comes after Scott secured a waiver to privatize the public insurance program.

The decision represents a marked departure from Scott’s previously held stance. Scott didn’t just initially oppose taking part in the expansion — which the Supreme Court ruled to be optional last summer — he knowingly cited wildly inaccurate figures to inflate the program’s cost to the state by 2500 percent in an effort to discredit it. He eventually dropped his estimate for the expansion by $23 billion in the face of intense media scrutiny. The federal government will pay the lion’s share of funding for states that expand Medicaid, including fully funding expansions for the first three years.

Participating in the expansion will provide medical and financial security to about one million low-income Americans in Florida, a state that has one of the nation’s highest uninsurance rates. But some public health officials worry that Scott’s concurrent decision to privatize the state’s Medicaid program could leave poor Americans by the wayside. An initial pilot program for the privatization in five Florida counties was rife with collusive practices, dropped coverage, and profit-making at the expense of Floridians’ health — but Florida lawmakers claim that they have fixed the problems, citing “increased oversight and more stringent penalties, including fining providers up to $500,000 if they drop out.”

Scott’s decision comes after intense lobbying by Florida’s hospitals, who would benefit greatly from treating low-income Floridians with actual insurance as it would substantially lower their uncompensated care costs. “If Florida doesn’t expand Medicaid, we’re going to have the money taken out of one pocket, we just won’t get it put back in the other,” said Tommy Inzina, chief administrative officer at BayCare Health System.

But regardless of Scott’s motives, his actions could serve as a model for the 10 remaining GOP governors who have still not announced whether or not they will take part in Obamacare’s Medicaid expansion. To date, six other Republican governors — in Arizona, Michigan, New Mexico, North Dakota, Ohio, and Nevada — have decided to expand their Medicaid programs. Wisconsin’s Scott Walker recently announced his own alternative plan that, while better than nothing, will substantially limit the number of services and benefits that low-income Wisconsinites have access to.

Update

At a press conference announcing the expansion, Scott clarified that the expansion will sunset in three years, after which it would have to be reauthorized. Scott said that this is intended to hold the federal government to its promise of providing most of the expansion’s funding and provide Florida ample time to study the effectiveness of expanding Medicaid.

Update

Here is the full text of Scott’s prepared remarks at Wednesday’s press conference.

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