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PSC chair grilled over Supreme Court chief justice’s criticisms

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floridaphoenix.com – Mitch Perry – 2025-03-31 17:10:00

by Mitch Perry, Florida Phoenix
March 31, 2025

Four months after Florida Supreme Court Justice Carlos Muñiz blasted the Florida Public Service Commission (PSC) for not providing enough information to justify a public utility rate increase, the chairman of the PSC attempted to defend his agency before a Senate committee on Monday.

The PSC is a five-member board appointed by the governor and confirmed by the Senate that is responsible for facilitating safe and reliable utility services at fair prices. According to its own website, the commission “must balance the needs of a utility and its shareholders with the needs of consumers.”

Mike La Rosa, the sitting PSC Chair who was initially appointed to serve on the Commission by Gov. Ron DeSantis in 2021, came before the Senate Ethics & Election Committee seeking conformation to another four-year term.

Northeast GOP Sen. Jennifer Bradley asked him to respond to the thrust of Muñiz comments, expressed in December as the court heard arguments in an appeal of a 2023 PSC order approving rates for Florida City Gas. The Chief Justice criticized the PSC for not providing nearly enough information to justify a rate increase, after the PSC’s own staff recommended that they not approve the increase.

‘Black Box’

“The PSC is a black box,” Muñiz said in comments reported by the News Service of Florida.

“That is my problem with these cases. It’s a black box. And administrative procedure is not supposed to be [a black box]. It’s supposed to be the opposite of a black box. That’s the only justification for this whole mousetrap is to have reasoned explanations for fact-based decisions. And, instead, we get a regurgitation of the evidence and then like, ‘Oh, because so-and-so said this, we think that this is appropriate. We’re done.’ That is literally every order that we see from the PSC.”

“That is an alarming statement for me as a legislator to hear from our chief justice of our Florida Supreme Court,” Bradley said Monday.

La Rosa replied that while he couldn’t explain why the PSC didn’t provide more information in their orders in the past, that began changing in 2023 (he began serving as chair of the commission that November).

“Our chairman at the time, I think, guided us down the right path to make sure that our legal staff responded in a way that satisfied and frankly provided a better product of what the Supreme Court is looking for,” La Rosa said.

He added that commission orders have been of a higher quality ever since. But he said he could not defend why earlier orders were written the way they were. He also said that since that time the commissioners have stepped up their public comments from the dais during rate hike hearings, as well.

Broward County Democratic Sen. Mack Bernard asked why the PSC wasn’t providing the Supreme Court with meaningful information. La Rosa said he couldn’t really provide an “answer that’s satisfactory.” He added “that they should always have had the backup and the history and the depth of knowledge that we currently have.”

Committee Chairman Don Gates quoted another part of Muñiz’s comments, that “the Public Service Commission appeared to rely largely on what utilities told them, ‘as opposed to any facts and evidence.’” Gaetz asked whether La Rosa could give two or three examples of the last time his commission turned down a utility rate increase.

La Rosa countered that there wasn’t a single case he could remember when the PSC approved what the utility was exactly asking for.

“There are elements what the company is asking for that we do approve, but there are certain modifications that we make after we litigate and after we make the case,” he said, adding that he couldn’t remember the last time a public utility made a request that the PSC granted exactly.

Gaetz cited criticism that he has heard that utilities start out by asking for extraordinarily high rate increases that they expect won’t be approved, but use as leverage to bargain to get the rate increase that they really coveted.

“That might be what the company is asking for, but it also may not be,” La Rosa responded.

Gaetz is sponsoring a bill this session (SB 354) to tighten PSC requirements for deciding the return on equity levels to which utilities are entitled. Miami-Dade County Republican Bryan Avila asked La Rosa whether the commission factors in potential compensation, benefits, or bonuses for utility  executives.

“Probably every single time,” La Rosa said.

The committee ultimately unanimously approved La Rosa’s confirmation to serve on the PSC for another four years, but not before both Bradley and Gaetz both got a last word in.

“This was a situation that really was a black eye and I want to make sure that going forward that’s not the case,” Bradley said. “That, going forward, things are different.”

PSC put on notice

Gaetz added that next year the PSC and the public will likely see legislation similar to what he proposed this year regarding how much investor-owned public utilities can earn. “If you see it, it will be based on the commission’s performance between now and next year. And if the commission was a little troubled by the legislation this year, you ain’t seen nothin’ yet.”

Last December wasn’t the first time the Florida Supreme Court Chief Justice has bashed the PSC for what he said were inadequate orders. In 2023, he questioned whether the commission had adequately justified the approval of a 2021 legal settlement that increased base electric rates for Florida Power & Light.

“There’s no explanation whatsoever for the PSC’s thinking on how it got to approving this,” Muñiz said at the time.

“From a judicial review perspective and from a matter of the PSC complying with its obligations, how can the order not address the major issues that are in dispute in a way that allows us to kind of have a window into what the rational process was that led to the finding that it was in the public interest?”

La Rosa will ultimately need to be confirmed by the entire Senate to stay on for another four-year term.

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Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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Miami-Dade Commissioners vote to remove fluoride from drinking water

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www.youtube.com – CBS Miami – 2025-04-01 21:51:07

SUMMARY: Miami-Dade Commissioners have voted to remove fluoride from the tap water, affecting over three million residents. The decision, however, was not unanimous and faces potential hurdles, including a possible veto from Mayor Daniela Lavine Cabba, who has ten days to decide. Supporters, including Florida’s Surgeon General Joseph Latapo, argue fluoride can be harmful and that people should choose fluoride products themselves. Critics, like commissioners Raquel Regalado and Eileen Higgins, express concern about the impact on low-income families who may lack access to alternative fluoride sources. The change could take effect in a month unless the mayor intervenes.

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Senate Republicans criticize bill establishing wrongful death of fetuses

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floridaphoenix.com – Jackie Llanos – 2025-04-01 18:19:00

by Jackie Llanos, Florida Phoenix
April 1, 2025

Republican senators raised concerns over a bill that would permit parents to claim damages in the wrongful death of a fetus at any stage of development in the womb, with Ormond Beach Republican Sen. Tom Leek voting with Democrats against the proposal Tuesday.

Vero Beach Republican Sen. Erin Grall’s proposal (SB 1284) could let parents claim damages for the mental pain and loss of support from the fetus, which the sponsor explained means parents could be awarded for the loss of future wages that the fetus could have earned over its life.

Naples Republican Kathleen Passidomo answers reporters’ questions following her installment as Florida Senate president on Nov. 22, 2022. (Photo by Michael Moline/Florida Phoenix)

Although the bill passed its first hearing, its future could be in peril after former Senate President Kathleen Passidomo, who chairs the powerful Rules Committee, which it must go through before reaching the Senate floor, took issue with the bill’s definition of unborn child. She questioned Grall about whether someone could file a wrongful death suit for a fetus at one week of gestation.

“To put dollar figures on something and the damages being so speculative is different than a criminal prosecution,” Passidomo said. “I’m having trouble wrapping my arms around this whole issue.”

Passidomo’s doubts are not new. The Naples Republican also expressed skepticism over Grall’s bill last year before Grall withdrew it.

During Tuesday’s Senate Judiciary Committee meeting, Democrats also bashed the bill, with Lori Berman, of Boynton Beach, calling the idea of a jury debating the potential salary of a fetus crazy, and Tina Polsky, of Boca Raton, calling it nonsensical.

“This person could be a waiter. This person could be the next Elon Musk. There is just absolutely no way to know, and it doesn’t make any sense whatsoever to try to calculate economic damages,” Polsky said.

Still, Grall defended treating a fetus the same as a day-old baby, questioning the other senators about what age would be appropriate to determine if the child would grow up to be wealthy.

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How would the bill interact with Florida’s abortion landscape?

Erin Grall. Credit: Florida Senate

“So, at what age do we get to start to ascribe real damages to a person? At two?” Grall said. “Maybe we know how they’re doing; they’ve taken an IQ test.”

Passidomo also worried about OBGYNs leaving the state if they’re susceptible to more lawsuits.

“We’re losing OBGYNs. Who’s gonna wanna come to Florida?”

Unlike the proposal last year, SB 1284 doesn’t authorize wrongful death suits against a health care provider acting lawfully. But what lawful medical care means is too vague for Polsky, who said doctors are already hesitant to provide medically necessary abortions following the enactment of the law banning most abortions after six weeks’ gestation.

Florida’s six-week ban, which Grall sponsored, includes exceptions to save the life of the mother, fatal fetal abnormalities, and in cases of rape, incest, and human trafficking. However, doctors have spoken about the difficulties of assessing whether a case meets the exceptions, given that they can lose their medical licenses and face jail time if they provide an abortion outside the legal boundaries.

Additionally, Leek called out an amendment Grall made, switching language in the bill protecting pregnant people. He worried that the language didn’t go far enough to protect women from estranged partners. The original text stated that wrongful death action “may not be brought against the mother of the unborn child.” The bill now states that it doesn’t authorize such suits.

“My concern is more about this bill being weaponized against women who lose a child outside of abortion,” Leek said.

The House Judiciary committee is scheduled to hear the bill (HB 1517) on Wednesday in its last stop before the floor.

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Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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Florida Senate President urges ‘all of the above’ tax cut approach | Florida

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www.thecentersquare.com – By Steve Wilson | The Center Square – (The Center Square – ) 2025-04-01 11:48:00

(The Center Square) — Florida Senate President Ben Albritton, R-Wauchula, weighed in on the tax relief debate, saying in a letter to the Senate that he favors an “all of the above” approach.

The letter comes as Gov. Ron DeSantis and House Speaker Daniel Perez, R-Miami, have unveiled competing tax cut proposals in recent days. 

DeSantis unveiled his plan on Monday that would spend $5.1 billion to give the 5.1 million homesteaded properties a one-time, $1,000 rebate. The second-term Republican governor also wants an initiative placed on the 2026 ballot that would provide permanent relief for Florida homeowners.

According to a report by the Florida Policy Institute, property taxes account for $43 billion in revenue annually and 50% to 60% of school district budgets.         

Perez’s plan would permanently cut the state’s sales tax from 6% to 5.25%. In fiscal year 2024, sales tax collections totaled nearly $41.2 billion. 

DeSantis said he would prefer property tax reform because it would help Floridians, not visiting tourists. 

Albritton wants to find a middle ground between the two competing proposals. 

“I applaud Governor DeSantis for pursuing an innovative concept, and I like the idea of being able to provide some immediate relief to homesteaded property owners in advance of a more comprehensive effort to put a constitutional amendment on the ballot for voters to consider,” Albritton said on Monday. “I like that the House’s proposal is broad-based and would provide immediate relief for Floridians who rent, as well as those who own property. These are both significant ideas, worthy of our thought and consideration.

“However, at this point, I believe it is prudent that a final tax cut package of this size be predominantly nonrecurring, while permanent tax cuts are explored during the interim.”

Albritton also said that he doesn’t want to cut taxes now and have to raise them in a few years due to a budget shortfall. 

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