When the clock strikes midnight on Dec. 31, the collective phalanx of Tallahassee lobbyists and other industry representatives will probably throw back a shot of their favorite cocktail of choice and try to console themselves that 2007 has mercifully come to an end. For walking the halls of a capitol ruled by a hard-charging governor in the form of Charlie Crist, and a compliant legislature, made the legislative process largely a spectator sport.
They started the year pushed aside as they could only look on as the legislature executed what amounted to an unfriendly takeover of the property market by significantly expanding the Cat Fund while making Citizens a competitive state fund. Then they closed the year by losing the one victory they hoped would salvage 2007: an end to PIP. The legislature re-enacted PIP despite a three-year lobbying effort to convince lawmakers to either kill the system or enact major reforms.
Why this dismal year? There are plenty of reasons to point a finger at Crist, who backed by the entire population of Florida, did his best Teddy Roosevelt impression by using the bully pulpit to cast carriers as greedy, faceless, blood-sucking entities that took advantage of citizens while worshipping at the altar of the almighty dollar. Anyone familiar with American history knows that kind of populism is virtually unstoppable. Teddy took down Standard Oil and U.S. Steel. Crist merely needed to knock the legs out from under State Farm, Allstate, and others.
Then there was PIP, which was a classic case of the legislature sidestepping an issue that many didn't really grasp. Lacking a clear-cut agenda backed by the governor, or the hue and cry of their constituents, it was hard to convince lawmakers to institute what many viewed as radical reforms. And that is not to mention the campaign contributions passed around by the trial bar and medical world.
But the real problem encountered by the industry is that it was once again caught having to prove the negative. Any time you find yourself arguing a point that has the veneer of seemingly supporting bad things in order to win your argument, you are lost. See critics of the Iraq war.
When lawmakers considered changes to Citizens, the industry could only talk about how major hurricanes could explode its population and assessments. But they fell helpless in the face of the weather. The wind didn't blow except for the soothing tropical winds that reminded the average citizen why they live in Florida in the first place. In the last two years, the state has lived up to its reputation as the "Sunshine State," and all the quixotic charging at windmills couldn't overcome that. Now carriers are making their way back into the market and Crist and company look like saviors. And PIP? Same case in point. With a competitive market and low rates, trying to make a case for change was arguing for a quarterback change after the team had won eight games.
But outside the beltway there are plenty of positive developments. Workers' compensation rates continue to head downward and the medical malpractice market has significantly rebounded. It does say something that the public is benefiting from some changes, no matter the fears to come. So looking over the lobbying corp, I am reminded of an old Irish toast given by Ronald Reagan to former House Speaker Tip O'Neill: "If I had a ticket to heaven and you didn't, I'd gladly give mine away and go to hell with you."
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