CFO SINK TAKES LEGAL ACTION TO SUPPORT MINOUCHE NOEL AND FAMILY

Florida Chief Financial Officer Alex Sink filed a complaint asking for a declaratory judgment from the Leon County Circuit Court regarding “The Noel Relief Act,” or Chapter 2007-261, Laws of Florida (House Bill 593). At issue are competing claims for the $8.5 million appropriated by the Florida Legislature to Minouche Noel and her family, which are in direct conflict with the Legislature’s intended payment of the claims bill.

As the state’s constitutional officer with the duty to settle accounts of the State of Florida and draw warrants to pay the state’s financial obligations, CFO Sink is asking the Leon County Circuit Court to affirm the intent of the Legislature. Specifically, the court will determine the rights of all parties to the $8.5 million claim so that CFO Sink may issue swift payment to the Noels. Additionally, CFO Sink is asking the Leon County Circuit Court to create a special needs trust with a court-appointed trustee, without which, she is legally unable to pay Noel for her damages as the Legislature intended.

CFO Sink also filed today an amicus curiae motion, Latin for “friend of the court,” with the Broward County Circuit Court in support of Minouche Noel and her family. CFO Sink asked the court to deny the motions by Minouche Noel’s attorneys to reopen her case, originally filed in 1990, and to file a lien against the Noels. A hearing on the motions filed by Minouche Noel’s attorneys is scheduled for Monday, July 30, 2007.

“We’ve asked the Broward and Leon County Circuit Courts to support our motions and resolve this matter swiftly,” said CFO Sink, who leads the Department of Financial Services. “My heart goes out to Ms. Minouche Noel and her family, who have suffered far too long after an incident of medical malpractice almost two decades ago.”

At six months of age, Minouche Noel was left paralyzed after a medical malpractice incident at a public medical facility in 1989. It wasn’t until 1999 that Minouche Noel was awarded $8.5 million for injuries and damages. Under Florida law, any court judgment exceeding $200,000 in a negligent claims case against the government can only be paid by an act of the Legislature.

During the 2007 Legislative Session, the Legislature passed a claims bill to compensate Minouche Noel and her family for their losses, $6.5 million in a special needs trust fund for Minouche Noel and $2 million for her parents. The Legislature specifically limited the payment of attorneys’ fees to $1,074,667 and lobbyists’ fees to $85,000. Recently, however, the Noel’s lawyers have taken legal action in effort to increase their compensation beyond that which was specified under the claims bill. The Noels’ attorneys are seeking an additional $676,000 beyond that which was authorized by the Legislature, which would be taken out of the damages awarded to the parents.

Last week, Senate President Ken Pruitt and House Speaker Marco Rubio sent CFO Sink a letter of legislative intent asking her to take legal action to protect the interests of the Noels.

MY SAFE FLORIDA HOME ADDS NEW HELPLINE SPECIALISTS
Program improving customer service and reducing hold time for Florida homeowners

In a continuing effort to improve customer service, Florida Chief Financial Officer Alex Sink announced the My Safe Florida Home (MSFH) program has added 12 helpline specialists - doubling the resources - to assist homeowners inquiring about the program through its toll free helpline. Since the MSFH program expanded statewide in April, the helpline has received an increased number of inquiries from new and current applicants. With the additional staff, the program expects homeowners seeking a free wind inspection will be able to reach a specialist more quickly.

“Since taking office in January, we have been working to improve the customer service in the My Safe Florida Home program,” said CFO Sink, who oversees the Department of Financial Services. “The addition of more helpline representatives is yet another way the program is working to better assist Florida’s homeowners.”

The additional helpline specialists will allow the program to handle up to 3,500 more calls per week. The MSFH program is currently handling almost 5,000 calls each week. Consumers should know that hold times to speak to a specialist vary from day to day, with the heaviest call volume on Mondays and Tuesdays. The program receives fewer phone calls mid- to late-week.

CFO Sink has been working to streamline the program and to provide better customer service to Floridians after the program got off to a slow start in 2006. Florida homeowners can apply entirely online to receive their free wind inspections by visiting the MSFH program’s Web site at www.MySafeFloridaHome.com. Consumers may also apply over the phone at the program’s toll-free helpline at 1-866-513-MSFH (6734).

CFO Sink’s goal is to complete 400,000 free wind inspections over the next two years and, since April 2007, more than 60,000 Floridians have received free wind inspections. Any Floridian who lives in a single-family, site-built home is eligible for a free wind inspection through the program. With a free wind inspection, Floridians will receive a detailed inspection report, learn how safe their homes are and know what they can do to strengthen their homes against hurricanes. Additionally, many Floridians are finding they are eligible for discounts on their wind insurance premiums—without making a single improvement!

The MSFH program also offers eligible homeowners matching grant reimbursements of up to $5,000 to make certain mitigation improvements. In order to be eligible for the program’s matching grant reimbursements, homeowners who sign up now must meet the following requirements under a new law: have received a completed wind inspection; live in a single-family, site-built home with a building permit issued before March 1, 2002; have a valid homestead exemption; have an insured value of $300,000 or less; and be located in the wind-borne debris region. Additionally, while the free wind inspections cover seven potential wind-resistance improvements, matching grants may only be used for opening protections, including windows, exterior doors and garage doors, as well as the bracing of gable ends.

More than 6,000 homeowners are currently working with the MSFH program to harden their homes. To date, 533 homeowners have completed the improvements recommended in their inspection reports and have received a grand total of more than $1.6 million in matching grant reimbursements. Homeowners are being reimbursed for half the cost up to $5,000 on a variety of home improvements, including hurricane shutters, reinforced garage doors and the bracing of gable ends.

FLORIDA COMPLETES PURCHASE TO PROTECT SILVER SPRINGS
New acquisition of more than 1,700 acres will protect Florida First Magnitude Spring

The State of Florida took ownership of more than 1,700 acres, the second and final phase of a more than 4,400-acre purchase near Silver Springs, a part of the Florida First Magnitude Springs Florida Forever project on July 25. A partnership with The Nature Conservancy and Marion County, the purchase from Avatar Properties, Inc. places the land in conservation and helps protect the water quality of Silver Springs.

“The Silver Springs area is an important cultural and natural resource to be preserved and protected for future generations,” said Florida DEP Secretary Michael W. Sole. “This purchase protects one of nation’s largest springs, preserving its water quality and wildlife habitat.”

The acquisition preserves habitat for rare and endangered species, including the bald eagle, Florida black bear and gopher tortoise. With 13 known sinkholes, the area acts as a “recharge area” for one of the largest first magnitude springs in the nation.

The Florida First Magnitude Springs Florida Forever project focuses on land near Florida’s first magnitude springs that discharge more than 100 cubic feet of water per second. Florida’s springs, scattered through northern and central Florida, draw from the Floridan Aquifer, which is the state’s primary source of drinking water. Springs, with clear, continuously flowing waters, are among Florida’s most important natural resources and are famous tourist attractions. Many of the 160 state parks that the DEP manages are even named for the springs, such as Wakulla Springs State Park, Ichetucknee Springs State Park and Blue Spring State Park.

“The State of Florida has taken a great step toward the protection of one of the largest springs in the country and one of the state’s most renowned natural resources,” said Jeff Danter, Florida state director for The Nature Conservancy. “This land purchase will help to buffer Silver Springs from development and preserve its water quality, while also protecting the plants and animals that live there.”

The Florida Springs Initiative, established by the Florida Legislature in 2001, is the first comprehensive, coordinated plan to restore and protect Florida’s more than 700 freshwater springs. Last year the Florida Springs Initiative set aside more than $300,000 to protect spring ecosystems, water quality and flow within Florida’s award-winning state park system.

The 10-year, $3 billion Florida Forever program established by the Florida Legislature in 1999 conserves environmentally sensitive land, restores waterways and preserves important cultural and historical resources. With more than two million acres of land conserved through Florida Forever and its predecessor, Preservation 2000, the state is increasing public access to recreation lands, connecting communities with green space and expanding natural corridors to safeguard wildlife.

The Nature Conservancy is a leading international, nonprofit organization that preserves plants, animals and natural communities representing the diversity of life on Earth by protecting the lands and waters they need to survive. With funding from the voter approved Florida Forever program and generous donors, the Conservancy has helped protect more than 1.2 million acres in Florida since 1961.

In addition, Silver Springs has served as the setting for the “Sea Hunt” television series starring Lloyd Bridges and many feature films, including “Creature from the Black Lagoon.”

For more information, visit http://www.dep.state.fl.us/mainpage/programs/florida_forever.htm.