Economy: Census Data Show Population Growth in Florida Despite Migration of Florida Residents to Other States
U.S. Census Bureau data released on December 23, 2009 showed that Florida’s population grew by 114,091 in the year ending July 1, 2009. According to the Census Bureau, the state saw a net natural increase (births minus deaths) of 58,169 persons and immigration from other countries of 87,381 persons. During the same period, however, Florida residents moving to other states outnumbered residents of other states moving to Florida by 31,179.
Florida’s total population as of July 1, 2009 was 18,537,969. The state’s population grew at a rate of 0.61 percent. By comparison, Texas grew by 478,000, reflecting a growth rate of 1.97 percent. Two states, Wyoming and Utah, grew at rates above two percent. Seventeen other states also showed a loss of population to other states, including four states — California, New York, Illinois, and New Jersey — that showed higher net internal migration out of the state than Florida.
A December 2009 Brookings Institution study reported that Florida led the nation in domestic in-migration for many years, peaking between 2003 and 2005, and that Florida shifted to net out-migration between 2006 and 2008. The study also noted that out-migration was spread broadly across the state, affecting 48 out of 67 counties. The states that gained the most from Florida’s out-migration were Georgia, North Carolina, Tennessee, and Texas.
Health Care: Attorney General Bill McCollum Joins Other Attorneys General in Questioning the Constitutionality of Federal Health Care Legislation
On December 30, 2009, Republican attorneys general from 13 states, including Florida Attorney General Bill McCollum, wrote to U.S. House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.) to raise constitutional objections to the health care bill passed by the Senate, HR 3590.
The letter from the attorneys general focused on the provision that would treat Nebraska’s Medicaid costs differently from other states’ costs, arguing that the disparate treatment of the states violated “the most basic and universally held notions of what is fair and just” and was “inconsistent with the protections afforded by the United States Constitution against arbitrary legislation… .” The attorneys general also cited potential issues under the Due Process, Equal Protection, and Privileges and Immunities provisions of the Constitution.
The effort of the attorneys general was organized by South Carolina Attorney General Henry McMaster and was joined by Attorney General McCollum and attorneys general from Alabama, Colorado, Idaho, Michigan, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Virginia, and Washington.
Earlier in the week, Attorney General McCollum also directed his staff to review the question of whether the provision of the Senate bill requiring all persons to obtain health insurance, the so-called individual mandate, violated the right to privacy of the Florida Constitution.
Insurance: Regulators Place Magnolia Insurance Company Under Administrative Supervision
The Florida Office of Insurance Regulation has placed Magnolia Insurance Company under administrative supervision, finding that the company was in an unsound condition. Under terms of a December 14, 2009 consent order, the company will not be able to issue or renew any policies without permission from the regulator. Magnolia’s President, H. James Irl, has resigned and is prohibited from exercising any managerial control. The consent order also required the company to notify policyholders and agents that if they choose to obtain coverage from Magnolia, they do so at their own risk.
Magnolia began operating as a property and casualty insurer in 2008 with approximately 100,000 “take-out” policies that it took over from the state-created Citizens Property Insurance Corp. as part of Citizens’ depopulation efforts.
Under the consent order, most business activities of the company will require the approval of the regulator, but the company has not been placed in receivership or liquidation. Several Florida property-casualty insurers were ordered into liquidation in 2009, including American Keystone Insurance Co., First Commercial Insurance Co., and Coral Insurance Co.
A spokesman for Insurance Commissioner Kevin M. McCarty said that the Office of Insurance Regulation tried to do everything it could to avoid placing the company in administrative supervision, including attempts to find potential buyers for Magnolia. The consent order is scheduled to expire after 120 days and may be extended for an additional 120 days. According to the spokesman, “We will reassess the situation after 120 days and determine the best potential outcome.”
Politics: Major Donors Press for Resignation of Republican Party of Florida Chairman
Republican Party of Florida Chairman Jim Greer has come under pressure to resign in recent months, as public discussion about management of party funds and party support of Governor Charlie Crist’s U.S. Senate primary campaign against former House Speaker Marco Rubio have increased.
The pressure on Mr. Greer increased on December 30, 2009, when a group of 12 prominent Republican contributors wrote to the party executive committee urging his removal. The letter stated, “There must be a change in order to restore total confidence in our party’s ability to conserve its assets, save and protect them for the specific purpose of electing Republicans in their campaigns, not only the 2010 election cycle but also to not carry forward debt if possible for the 2012 election cycle.”
Signers of the letter included former ambassadors Chuck Cobb, Ned Siegel, Mel Sembler, and Al Hoffman.
Mr. Greer has stated that he does not intend to resign and that party rules do not allow a chairman to be removed in the middle of a term.
The matter is expected to be discussed at a party meeting on January 9, 2010.
UPDATE: On a conference call with Republican leaders on January 5, 2010, Mr. Greer announced that he would resign the party chairmanship effective February 20, 2010. His apparent successor is state Sen. John Thrasher (R-St. Augustine), a former House Speaker who was recently elected to the Senate in a special election.
Public Policy News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and our colleagues. If you have any questions about this alert or would like to discuss these topics further, please contact your Foley attorney or any of the following individuals:
Marnie George
Tallahassee, Florida
850.513.3398
[email protected]
Michael P. Harrell
Tallahassee, Florida
850.513.3373
[email protected]
Robert H. Hosay
Tallahassee, Florida
850.513.3382
[email protected]
Jonathan P. Kilman
Orlando, Florida
407.244.3256
[email protected]
Thomas J. Maida
Tallahassee, Florida
850.513.3377
[email protected]
Leonard E. Schulte
Tallahassee, Florida
850.513.3380
[email protected]
Marnie George of The George Group assists Foley on a variety of government and public policy matters as a consultant.
