Guest Author - 2/17 - SaintPetersBlog

Guest Author

Brian Robare: Proposed nursing home payment system raises serious concern

Brian L. Robare

I wanted to take a moment to alert Floridians to The Estates’, a Lakeland-based nursing home, significant concerns with the Florida Health Care Association’s (FHCA) plan, which would change the way nursing homes are paid, under consideration in the Florida Legislature.

The FHCA is asserting that this prospective payment system (PPS) plan will incentivize nursing homes to make renovations and improvements that will improve and enhance the resident’s quality of life. As a longtime member of FHCA, we are disappointed that they would place a higher priority on the building than on resident care.

At the Estates, we have long prided ourselves on our high staffing ratios, and with the care provided to the residents and families, we are privileged to serve. A “modernized dining room” does not improve that quality of care, and I consider it shameful that they would propose the redistribution of money from communities that have continually invested the money needed to make renovations and improvements to communities that have shirked this responsibility.

If passed, this plan will financially hurt our nursing home and Florida Presbyterian Homes.

To illustrate, our nursing home stands to lose $166,000 under this proposed plan. Frankly, I am stunned that the Florida House or Senate would even consider a plan that provides an additional $26 million to a nursing home chain that just had a $374 million judgment for Medicare and Medicaid fraud. Consulate Healthcare’s 79 nursing homes in the state have an average star rating of 2.3 out of 5, and yet the plan is to reward their efforts with an additional $26 million to modernize dining rooms and improve the look of their buildings.

It’s imperative that any changes to the payment model for nursing homes are accomplished when all of the stakeholders are offered a seat at the table to develop a plan that advances the goal of providing quality care. At The Estates, we believe in the adage of slow and right versus fast and wrong.

This plan is the epitome of fast, and wrong.

On behalf of residents, families and staff at The Estates, I am asking that lawmakers reject the plan proposed by the FHCA and remain resolute that any PPS plan for nursing homes must include an open discussion by all of the stakeholders and must require that any additional funds to go improving the quality of care for the residents.

Finally, we ask that lawmakers advocate for slow and right versus fast and wrong and insist that any additional money advances the quality of care and does not further inflate the bottom line of companies that seem to focus on what is best for them and not on what is best for the residents and families they serve.

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Brian L. Robare is CEO and Executive Director at the Estates at Carpenters, located in Lakeland.

Paul Davidson: Florida Senate needs to act on auto insurance reform

Paul Davidson (Photo courtesy Plam Beach Post)

One year ago, I was riding my bicycle down A1A. Out of nowhere, a woman driving a 1988 LTD hit me going 45 miles per hour.

The force of the collision sent me flying 60 feet. I landed face first.

The next thing I remember is being rolled into the hospital.

My lip was ripped up to my nose. Two of my teeth were knocked out. Even though I (thankfully) wore a bike helmet that day, I suffered a concussion. I broke just about every bone in my face. My doctor says I have a road-rash tattoo on my face because the scarring from the accident will not go away.

The driver who hit me carried the mandated minimum $10,000 in bare-bones PIP insurance. Unlike 48 other states, Florida has no requirement for drivers to carry bodily injury coverage.

What did that mean for me, the victim? It meant I had to figure out how to pay the $350,000 health care bill created by an accident I didn’t cause. Because I have appropriate insurance coverage, the bills are getting paid.

What upsets me is there were no consequences for the woman who hit me. It’s as if carrying bare-bones PIP insurance provides a free pass for irresponsible drivers who hurt other people.

What happened to me isn’t an isolated incident.

I recently saw a similar story from Tampa where a 69-year-old Vietnam veteran was on his bicycle and was hit by a driver who carried only minimum PIP insurance coverage. According to the story, his bicycle was the man’s only means of transportation, so he doesn’t have auto insurance. He suffered serious injuries in the accident but, did not have insurance coverage to pay for his $200,000 in medical bills. People are helping him through donations on a “GoFundMe” webpage.

It’s really a policy change that’s needed to help people like us who could become victims of Florida’s outdated PIP insurance system and have to pay dearly because of the irresponsibility of others.

Lawmakers have an opportunity to change this by passing legislation to repeal PIP and replace it with a requirement that drivers carry bodily injury insurance at $25,000 per person/$50,000 per incident. The Florida House has already passed a good proposal to make this happen. The ball is now in the Florida Senate’s court.

Forty-eight states require drivers to carry bodily injury insurance. Why not Florida?

I understand that we’re down to the last days of the scheduled legislative session. With a little creative leadership that we know exists in the Legislature, the Senate can get this bill on its last-week agenda and send it to the governor.

We urge our children to take personal responsibility. We should also promote it in our state policies.

Please join me in calling on the Florida Senate to join their colleagues in the House by passing this good bill to repeal PIP and replace it with coverage that increases responsibility on our roadways.

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Paul Davidson is an engineer living in Boynton Beach and was a triathlete before the accident.

Mike Williams: Meaningful workers’ comp reform must protect Florida’s workers

Mike Williams serves as president of the Florida AFL-CIO,

With the House version of workers’ compensation reform, our state legislators are dangerously close to repeating the mistakes of the past. We cannot have a lopsided system that creates a chasm between the army of lawyers and executives who represent workers’ comp insurance companies and the injured worker who needs a competent lawyer to fight for the benefits that their employer has purchased.

Thankfully, the Florida Senate has taken the lead in advocating for effective, meaningful reforms that we know to be constitutional.

We must always keep in mind that workers’ compensation laws are designed to ensure the quick and efficient delivery of medical benefits to injured workers so they can recover from their injuries and return to work. The laws are not designed to grant one side a competitive advantage in the court system. Families that depend on the livelihoods of injured workers are counting on a fair system that will give them an avenue for redress when they are wrongly denied benefits.

The Legislature has an opportunity to fix several problems that would benefit both small-business owners and injured workers. The system must allow for appropriate access to the courts when an injured worker’s benefits are wrongfully denied. Maintaining a reasonable standard for attorney fees is the only remedy that will ensure this access for injured workers.

While there is still work to be done, I applaud the Senate for placing a cap on attorney fees, which are paid only when benefits are wrongfully denied.

Although an injured worker must retain counsel to pursue these benefits, the cap is reasonable and will not invite a constitutional challenge. The legislation also establishes a mechanism for containing defense expenditures by insurance companies by requiring them to refund money to policyholders if defense costs exceed a certain percentage.

We also have an opportunity to streamline the process for authorizing medical treatment. Under the current system, workers are unable to have any say in their own physician, and there are significant consequences from not being able to utilize a trusted physician.

Inevitably, there is a trust gap between the worker and the designated doctor paid for by the insurance company. This isn’t fair to either party and this simple fix will go a long way to reducing unnecessary claims. The Senate bill streamlines the authorization of medical treatment and will expedite how and when care is provided – avoiding the need for unnecessary litigation

There has been a great deal of discussion about the unique rate filing system that workers’ compensation insurance companies enjoy here in Florida. The Senate version smartly creates a competitive ratemaking system that will allow employers to shop for affordable coverage and eliminates the longstanding single rate system, which has granted a monopoly to the National Council on Compensation Insurance (NCCI).

Florida’s workers’ compensation system has favored the insurance industry over employers and employees for far too long. There is much to be done to bring fairness to the system, more than the current Legislature seems willing to tackle. However, the bill being offered in the Florida Senate is a fair start and represents a far more balanced approach than the unconstitutional measure in the House.

Whatever happens, this session has put a spotlight on the many inequities in the system and we will continue to work to correct these for all of Florida’s working families.

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Mike Williams is a construction electrician from Jacksonville and serves as president of the Florida AFL-CIO, representing almost a million workers, retirees and their families across the state.

Bob Martinez, Dominic Calabro: The time is now to address the Everglades crisis

Florida’s Everglades is an American iconic national park known and revered throughout the world for its biodiversity.

Floridians, regardless where they live, must join together to protect and restore this treasure before the Everglades reaches a point of no return. The Everglades is home to thousands of plant and animal species and draws millions of visitors to Florida. Unfortunately, decades of massive changes to the habitat’s water flow have resulted in unintended consequences that threaten Florida’s environment, residents and economy. The situation requires immediate action.

During the wet season, the U.S. Army Corps of Engineers discharges large volumes of fresh water from Lake Okeechobee west into the Caloosahatchee River and east into the St. Lucie River to prevent flooding in the urbanized areas south of the lake. These discharges of lake water cause a number of problems to the east, west and south.

To the east and west, the introduction of large quantities of fresh water to the fragile estuaries where the rivers meet the coast harm or destroy wildlife, which rely on a delicate balance of fresh and salt water. Similarly, the lack of fresh water flowing to the south results in too much salinity in Florida Bay and Biscayne Bay, and harms or destroys the ecosystem there. Furthermore, nutrients in these discharges have resulted in harmful algae blooms along the affected rivers and coasts, which you may remember from numerous news stories last summer.

But in addition to the environmental effects, this situation impacts many Florida industries and small businesses. Unhealthy and unsightly estuaries discourage tourists from visiting Florida. Unhealthy waterways negatively affect commercial fishers, which affects other businesses in their supply chain. All of these reduced economic actives result in less tax revenue. Yet, these are just a small glimpse of the people and industries affected; when viewed as whole, from an economic and fiscal standpoint, it truly affects all of us in Florida.

It is rare in public policy when any solution would be a significant improvement over the status quo, but this one such situation. We are at a tipping point where we don’t have the luxury of time to wait for the perfect solution. These effects will cascade into economic and fiscal costs borne by all Floridians. There is too much at risk for us, as a state, to do nothing.

Recent a proposals in the House and Senate have seen spirited debate. Governor Scott recently came out in support of Senate President Joe Negron’s reservoir plan to send Lake Okeechobee water south into the Everglades and the House agreed to fund the reservoir as part of a budget compromise deal to ensure session ends on time.

A recent Florida TaxWatch report examines these issues and explores the costs of inaction. The report finds that “each day Florida waits to solve the problem, the solution becomes more expensive. While the price tag to address the issues may be a shock to the system, the cost of inaction could be far more devastating to the state of Florida and its hardworking taxpayers.” The report is available at www.FloridaTaxWatch.org.

It is clear that our state’s leaders are aware of and understand the importance of this issue. The questions now being debated are how to solve it and can we afford to fix it, but the real issue is not what we can afford, but the true and widespread cost of failure to act.

Florida’s livelihood is dependent on the strength of the Everglades. The cost of the solution will never be less than what it is today and any action is better than no action. Failure to act will send Florida down a terrible path. Soon, the damage will be beyond the point of no return and taxpayers across the state, and the state itself, will suffer irreparable harm.

These effects will cascade into economic and fiscal costs borne by all Floridians. There is too much at risk for us, as a state, to do nothing. Luckily, it seems that the Legislature is paying attention.

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Bob Martinez, 40th Governor of Florida and former Mayor of the City of Tampa, is a senior policy adviser with Holland & Knight’s Public Policy & Regulation Practice Group and is co-chair of the firm’s Florida Government Advocacy Team.

Dominic M. Calabro is the president and CEO of Florida TaxWatch, an independent, nonpartisan, nonprofit taxpayer research institute & government watchdog.

Pat Neal: Florida must commit to the future and invest in high-tech jobs

Pat Neal

The world around us is constantly changing as technology evolves. Investing in high-tech jobs can set Florida up to succeed far into the future while providing people with high-wage jobs that will keep the American dream alive and well in our great state.

Other states have already committed to investments in the future, with millions of dollars being poured into high-tech centers that boost the economy and create hundreds of jobs.

Luckily, our state leadership is committed to this goal, with Gov. Rick Scott recognizing the growing need for high-tech jobs in the state. He has consistently touted STEM programs in Florida’s education system, including his $10,000 STEM Degree Challenge to steer students into high-tech STEM jobs. He approved $15 million in funding last year for the Florida Advanced Manufacturing Research Center, now BRIDG, which partners with universities and companies to develop high-tech sensors.

Studies have shown that regions and states comprising of high-tech research and industrial centers achieve economic boons.

The Bluffs, an advanced manufacturing park in Pensacola, is a prime example: A Florida TaxWatch report found that about 6,000 new positions in Pensacola’s manufacturing sector would be created if The Bluffs reached its maximum potential. It goes on to state that new wages in the region as a result of increased job creation could grow by as much as $400 million and that Florida’s Gross State Product could rise by as much as $1.1 billion.

Research centers like BRIDG and The Bluffs are critical pieces to Florida’s high-tech puzzle and need both private and public support to attract companies to invest in them. We will need every available resource in the toolkit to do so, including Enterprise Florida (EFI), which has played a large role in the development of BRIDG and The Bluffs.

Unfortunately, EFI is at risk of being eliminated completely by the Florida Legislature, which would cut our investments on opportunities in high-tech fields. This would be an unwise move, especially as other states bolster their efforts to build up their high-tech industries and put Florida at a disadvantage to other states, halting the progress the state has made in high-tech principles. Instead, lawmakers in Tallahassee should consider the benefits of using EFI and other state resources to boost our high-tech footprint.

In this global economy, we cannot afford to rest on our laurels. Making an investment to ensure that Florida becomes a high-tech hub that attracts the top individuals and companies to the state is essential to the success.

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Pat Neal is a former state senator and the former chair of the Christian Coalition of Florida; he currently serves as chairman-elect for the board of directors of Florida TaxWatch, the state’s independent, nonpartisan, nonprofit research institute and government watchdog; and is the president of Neal Communities.

Adam Putnam: Florida is a tinderbox, Florida Forest Service works around the clock

In every corner of our state, severe drought conditions have made Florida a tinderbox. Roughly 100 wildfires are currently burning about 75,000 acres, and our Florida Forest Service wildland firefighters are working side-by-side with partnering agencies to battle these fires and protect life, property and wildlife.

On Friday, Collier County had to evacuate approximately 7,000 homes due to a massive wildfire. We’ve not seen fire conditions this bad since 2011, and we have wildfires burning from the state line to Miami.

Current conditions conjure memories of one of the worst years on record—1998, when at one time I-4, I-75, and I-10 were all closed at the same time, Disney World was closed, the Pepsi 400 was postponed, and an entire county, Flagler County, was evacuated. In 2017 so far, more than 130,000 acres have burned due to wildfires. Many homes have been saved, but some have been lost.

My grandfather used to say, “extremes beget extremes.” Some of the wettest El Nino cycles that we have are followed by the driest conditions that are ripe for wildfire. These tough drought conditions are worsened by the abundance of undergrowth—brush and weeds—that grows and thrives due to the heavy rainfall the prior year. With dry conditions, all of it turns into kindling that fuels large and swiftly moving wildfires, whether caused by people or nature.

Recently, I asked Governor Rick Scott to issue an executive order to enable us to use all available resources to combat these wildfires. National Guard UH-60 Blackhawk helicopters are assisting our other aircrafts fighting these wildfires. One of the most concerning aspects of these conditions is the last time an emergency order was issued in 2011, it was mid-June. June is typically the peak of wildfire season, so it’s a very serious situation that it’s even earlier in the year that we’re seeing such extreme conditions.

Unfortunately, the two most common causes of wildfire are people. The leading cause of wildfire is human carelessness, such as allowing a debris pile to grow out of control or a spark from an intentional fire to land on dry land and start a wildfire. The second leading cause is arson. We’ve seen a 70 percent increase in arson cases this year compared to last year with 240 cases so far.

Education and awareness are important components of preventing wildfires. Residents should obey county burn bans, which can be found on FreshFromFlorida.com. They can also track current fire conditions on the website and learn how to create defensible spaces around their homes. Most importantly, if evacuation orders are given, residents and visitors should heed those warnings and keep themselves and their loved ones safe.

Combatting wildfires is truly a partnership. When we recently had a fire on St. George Island, our Florida Forest Service firefighters were out there cutting fire lines, bringing down the intensity of the flames, while the local structural firefighters were up against the houses, making sure they were the last line of defense to protect those homes. As a result, no homes were lost in that fire.

We recently had a firefighter overtaken by flames in his dozer in Okeechobee, and Okeechobee County Fire and Rescue were already on the scene and assisted in getting him out safely. Thanks to their swift rescue efforts, our firefighter is safe and in good health. The comradery of the firefighting service is an extraordinary one, and we should all be proud of them.

The Florida Forest Service will continue to work around the clock to protect residents and visitors, property and wildlife from fire. And I encourage every Floridian to do their part to help prevent wildfires and report any suspected cases of arson by calling local authorities. May God bless our firefighters.

Adam Putnam is Florida’s Commissioner of Agriculture.

Pat Neal: Business rent tax stifles Florida’s economic future

The business rent tax is the only state-sanctioned sales tax on commercial leases in the entire country and Florida is the not-so-proud holder of that title. Not even tax-happy havens like California and New York impose this state tax on its businesses. Due to this burdensome tax, Florida businesses shell out more than $1.7 billion every year to the state. As a result, our state economy dramatically suffers in the form of suppressed job growth and economic activity.

Luckily, Gov. Rick Scott is committed to cutting this tax on hardworking small-business owners and budding entrepreneurs. The governor has repeatedly made cutting or abolishing this tax one of his top priorities for numerous years as part of his commitment to creating jobs for Florida families. Recently, he has hit the road advocating for a 25 percent cut in the tax –  a move that could save Florida businesses more than $400 million per year and reduce prices for Florida consumers.

The business rent tax places a disproportionate burden on small businesses and startups that do not have the capital to purchase bigger office space, hire new employees or expand to other locations. All of this creates a chilling effect on many of Florida’s more than 2 million small businesses.

Since businesses must pay a 6 percent state sales tax on their rent, including added costs to that lease – such as property taxes, maintenance and the cost of insurance –  and local governments can add an additional 1.5 percent, your local retailer could be easily paying more than $100,000 yearly in taxes on their lease alone. Those costs are ultimately passed down to consumers in the form of higher prices. Floridians still trying to recover from the Great Recession cannot continue to afford these cost increases.

The business rent tax undoubtedly puts Florida at a distinct competitive disadvantage, one that is not shared by any other state in the country. It gives the impression that we are closed for business and makes our competitor states look more attractive. It doesn’t make sense for a company to move to Florida if they can get similar benefits in another state without paying a burdensome tax on their rent.

Florida TaxWatch’s research has shown that this rent tax presents an impediment to the success of the state’s businesses, and TaxWatch’s long-standing recommendation has been that Florida’s policymakers should take efforts toward reducing or eliminating this tax.

Unfortunately, despite the support of many lawmakers in the Legislature, this common-sense tax reform has repeatedly languished in the halls of the Capitol. Despite a tighter budget outlook this session, there is still enough money to consider a reduction in the business rent tax.

The fairness and competitiveness of our tax structure is paramount to Florida’s continued success. If we want to continue to be recognized as the top place in the country for business, we must promote incentive programs like Enterprise Florida and commit to reduce or eliminate the business rent tax. This is the one area where Florida cannot afford to be unique.

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Pat Neal is a former state senator and former chair of the Christian Coalition of Florida. He currently serves as chairman-elect for the board of directors of Florida TaxWatch, the state’s independent, nonpartisan, nonprofit research institute and government watchdog, and is the president of Neal Communities.

Keith Miller: Florida’s small businesses need protections in state law

Keith Miller

Two Orlando residents are out $8 million after a large, out-of-state corporation forced their local businesses to shut down.

The local entrepreneurs were originally enticed by the corporation to open 10 Mexican-themed fast food restaurants in the Orlando area. The California-based corporation used unrealistic sales projections and profit margins to convince the group to sign on to the deal.

However, after only three years in business, they were forced to walk away and left with no state legal protections to recover their $8 million in investments and their businesses were sold for just 35 percent of their original purchase amount. Additionally, the investors secured loans from the Small Business Association (SBA), a federal program that uses taxpayer dollars to assist and support small business growth.

Since it was a California-based corporation and Florida does not currently have laws on the books to protect our own small-business owners and their investments, these Floridians were bound by California law which favored the corporation.

Florida cannot continue to lose our small businesses, their investments, or risk taxpayer dollars due to unfair corporate franchisor practices.

It is an all-too-common story where local business owners are at the mercy of the more powerful corporations and are taken advantage of. In this instance, the California-based corporation was issuing directives to the Florida owners based on California demographics and sales patterns which simply did not fit the Florida locations. When these locations were unable to comply with the unreasonable demands, and sales goals, they were left with no choice but to walk away from their businesses, leaving behind millions of dollars in property, equipment and supplies.

Owning and operating a successful business is challenging enough without the constant stress and fear that everything you’ve worked for can be taken away in the blink of an eye. 23 other states have already enacted laws to provide greater protection for small business franchise owners and Florida should do the same.

Similarly situated businesses in Florida, such as automobile dealers, agricultural equipment dealers and beer distributors are protected under Florida law.

In Florida, there are more than 40,000 small businesses owned and operated by franchisees who provide over 404,000 jobs and generate $35 billion in economic activity annually.

State Sen. Jack Latvala and State Rep. Jason Brodeur have introduced “The Protect Florida Small Business Act,” legislation that will provide protections to Florida’s small-business owners. Florida citizens can log on to www.ProtectFLBusiness.com to support passage of this important legislation.

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Keith Miller is the Chairman of the Coalition of Franchisee Associations (CFA), an organization founded in 2007 to provide a forum for franchisees to share best practices, knowledge, resources and training. Mr. Miller and the CFA are supporting this legislation and giving a voice to the individual franchisee owners who are at risk of speaking out themselves.

Dennis Ross: Working to keep Consumer Financial Protection Bureau accountable

Since I was first elected to Congress, I have fought to hold government agencies and Washington bureaucrats more accountable to Floridians and all Americans. Unfortunately, the Consumer Financial Protection Bureau (CFPB) continues to operate in a manner unaccountable to Congress, the president and American taxpayers.

You don’t have to take my word on this.

On Oct. 11, 2016, the D.C. U.S. Circuit Court of Appeals found the CFPB’s leadership structure unconstitutional. In its decision, the court stated, “The Director enjoys significantly more unilateral power than any single member of any other independent agency … power that is not checked by the president or by other colleagues. Indeed, other than the president, the Director of the CFPB is the single most powerful official in the entire United States Government …”

This unsettling unilateral power, coupled with the inability for other arms of the federal government to review or disapprove of the CFPB’s actions, not only flies in the face of our government’s system of checks and balances, but also promotes rogue operations and regulations that have the potential to grossly alter our economy and harm the livelihoods of millions of Americans.

The CFPB was created by Democrats in response to the 2008 financial crisis as a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). This 2,300-page piece of legislation was sold to the public as a means to hold bad financial actors accountable, prevent future systemic failures of our financial system, and provide increased transparency and consumer protections for investors. President Obama promised Dodd-Frank would “lift the economy,” but once again, he gave the American people false hope.

Instead, in the years since it was enacted, the big banks have grown bigger, while community financial institutions are disappearing at an average rate of one per day. Consumer credit has tightened up, and low and middle-income borrowers are feeling these effects more than most.

Although many financial service providers are already regulated at a state and federal level, CFPB creates excessive red-tape for industries across the entire financial services spectrum without accountability to Congress. Dodd-Frank completely disregarded the important congressional appropriations process and specifically allowed the CFPB to receive its funding directly from the Federal Reserve’s operating expenses so the CFPB could operate outside of congressional oversight.

The CFPB’s authority to regulate financial services transactions is so expansive, it goes well beyond banks and other depository institutions. The sole director is appointed to a five-year term and, once appointed, can set implement policies in whatever way he or she sees fit. To make matters worse, the CFPB lacks the internal checks and balances to which other independent regulatory agencies are subject to.

Instead of issuing clear and specific guidance, the CFPB uses enforcement tactics that financial institutions have to measure against their own practices and then somehow implement, often to the consumers’ detriment.

For example, the CFPB does not distinguish credit unions and community banks from large financial institutions and nonbank lenders. As a result, the CFPB’s broad and overly burdensome regulations are severely impairing these important community-based financial institutions by limiting consumer credit availability and choice, as well as increasing costs for credit union members and community bank customers. Additionally, new CFPB rules and regulations have prevented many new mortgage loans from being made, particularly for low and middle-income borrowers.

There is no question about it, we must start easing the regulatory burdens faced by our community financiers, and reign in the unilateral power the CFPB Director has over hardworking taxpayers. As a Member of the House Financial Services Committee, I am committed to working with my colleagues to enact legislation that holds the CFPB accountable to all Americans, and to ensure its actions stop harming the consumers it was charged to protect.

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U.S. Rep. Dennis Ross represents Florida’s 15th Congressional District.

Payton Alexander: Neil Gorsuch confirmation would be great for Latinos

Payton Alexander

Supreme Court nominee Judge Neil Gorsuch is coming up for a vote in the Senate this month, with lawmakers debating the nomination of the Colorado judge to the highest court in the country.

Like the late Justice Antonin Scalia, Judge Gorsuch has a track record of interpreting the Constitution as written and intended by the founders. He also served in the Justice Department, and clerked for Supreme Court Justices Byron White and Anthony Kennedy. For Latinos that value individual rights and the rule of law, there’s a lot to be excited about in his selection to fill the Supreme Court vacancy.

Judge Gorsuch is an excellent pick to strengthen the free and open society that makes that dream possible. With millions of Latinos across the United States who value entrepreneurship and the American Dream, this is welcome news. Judges have a responsibility to protect our liberties from government meddling, and Judge Gorsuch has demonstrated that he will uphold Constitutional limits on government power no matter who is in charge — the foundation of a free and prosperous society.

Far beyond his record as a defender of individual liberty, Judge Gorsuch’s career reflects a solid understanding of the way that progressive interpretations of regulatory and criminal codes have hurt the least fortunate and contributed to the two-tiered society that is emerging in this country. As a Supreme Court Justice, Judge Gorsuch shows promise that he would uphold the rights of all people — immigrants and native-born citizens alike. All of these issues disproportionately impact the Latino community.

More than two hundred years of growing the size and scope of our government have taken their toll on the Constitution. If confirmed to the Supreme Court, Judge Gorsuch will interpret the law and the Constitution faithfully, rather than seeking to erode the checks on government power that it provides. An originalist interpretation of the Constitution, as championed by the late Justice Scalia, prevents judges from legislating from the bench and serves as a vital check against lawmaking by judicial fiat. Judge Gorsuch will help ensure that our constitutional rights are protected, while advancing the foundations of a free society through the rule of law.

There are good reasons for Senators in both parties to support the confirmation of Judge Neil Gorsuch to the Supreme Court, and, in fact, he was unanimously approved to serve on the Court of Appeals — we encourage the Senate to show him the same wide support now.

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Payton Alexander serves as a policy analyst for The LIBRE Initiative.

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