Florida

Regulation Roundup

by Ryan Young on September 16, 2011

in Regulation

Post image for Regulation Roundup

Here’s a fresh batch of regulatory bloopers:

  • Flirting is illegal in Haddon, New Jersey. (see § 175-12)
  • It is illegal to play cards on the street in Madison, Iowa.
  • In Haverbill, Massachusetts, it is illegal for women to wrestle.
  • It is a felony for bears to wrestle in Alabama.
  • You may now sit outside year-round in Stratford, Connecticut, if you like.
  • Talk about attention to detail. Massachusetts state law requires gift certificates to be valid for at least 7 years.
  • In Florida, it is illegal to release 11 helium balloons per day. Ten is ok, though.
  • Adams County, Colorado, requires all male massage parlor workers to wear white shirts and white pants. Transparent clothing is expressly forbidden.

Schools in right-to-work states (where unions are weak) are getting better and better over time compared to schools in heavily-unionized states.

As Walter Russell Mead notes in “Blue State Schools: The Shame Of A Nation“:

When it comes to excellence in education, red states rule — at least according to a panel of experts assembled by Tina Brown’s Newsweek. Using a set of indicators ranging from graduation rate to college admissions and SAT scores, the panel reviewed data from high schools all over the country to find the best public schools in the country. The results make depressing reading for the teacher unions: the very best public high schools in the country are heavily concentrated in red states. Three of the nation’s ten best public high schools are in Texas — the no-income tax, right-to-work state that blue model defenders like to characterize as America at its worst. Florida, another no-income tax, right-to-work state long misgoverned by the evil and rapacious Bush dynasty, has two of the top ten schools. Newsweek isn’t alone with these shocking results. Another top public school list, compiled by the Washington Post, was issued in May. Texas and Florida rank number one and number two on that list’s top ten as well … On both lists only one of the top ten public schools was located in a blue state.

Last week, the Wisconsin Supreme Court upheld a state law limiting collective bargaining with teachers’ unions and other government-employee unions in Wisconsin. To justify collective bargaining, Wisconsin union supporters, such as the Democratic National Committee, had falsely claimed that Virginia, which bans collective bargaining in state agencies, ranks 44th in the nation in ACT/SAT scores, compared to Wisconsin ranking 2nd. In reality, Virginia actually beat Wisconsin in ACT scores in 2010, with Virginia ranked 12th and Wisconsin ranked 17th. Unlike Wisconsin, Virginia is a right-to-work state that bars forcing employees to pay union dues. A law professor noted that “in Virginia, test scores have steadily improved since collective bargaining for teachers was ended.”

Last Wednesday, three people were arrested in Orlando for giving food to homeless people in a local park. They violated city regulations that require “groups to obtain a permit and limits each group to two permits per year for each park within a 2-mile radius of City Hall.” The rules apply to events that give food to over 25 people; the arrestees fed about 40 people.

Their charitable work could cost them each a $500 fine and up to six months in jail. All three are affiliated with a group called Food Not Bombs that regularly gives meals to homeless people. The Wednesday event that led to the arrests was a deliberate resistance to the ordinance. Hopefully they will succeed in overturning it; the last thing government should do when people try to help each other is get in the way.

Post image for Regulation of the Day 172: Bestiality and Baggy Pants

NBC Miami’s Brian Hamacher with the second-best lede I’ve read this week: “Floridians are going to have to start pulling up their pants and stop having sex with animals soon.

Florida’s state legislature passed an odd pair of bills on Wednesday. One would make bestiality a first-degree misdemeanor. The other would ban students from wearing their pants lower than legislators would like.

The bestiality bill, SB 344, is rather, ahem, detailed. I will spare you those details, and only point out that the bill would make it illegal to “[k]nowingly engage in any sexual conduct or sexual contact with an animal.” That means if someone unknowingly engages in the same (how?), they have not committed a crime. One wonders if any offenders will try to use that defense.

The baggy pants bill, SB 228, requires all Florida public school districts to add a droopy pants ban to their dress codes. The bill also prescribes punishments. First-time offenders get a verbal warning. A second offense means a suspension from extracurricular activities for up to five days. Every offense after that means up to three days of in-school suspension and no extracurriculars for up to 30 days. The student’s parents also get a note from the school.

Workforce Central Florida, a government agency, is spending $73,000 to give away 6,000 capes and some cardboard cutouts.

This year’s hurricane season, which officially ended at the beginning of this month, was the third most active season on record for the Atlantic. However, few of those hurricanes made landfall and thus the U.S. experienced little damage in the unusually active season. Despite none of the 19 named storms making landfall in the U.S., homeowners in coastal states are seeing their premiums rise. Particularly in Florida, where the government has to approve rate increases, people are asking why rates should rise when the state hasn’t had a major storm in five years. What some observers fail to understand or choose to disbelieve is that insurance companies, particularly in states with rate controls, are still playing catch-up from the years of charging rates that were far too low. In addition, many insurance companies are increasingly investing in back-up insurance, known as reinsurance.

Safety net:

The way insurance works is that a company will charge an individual a “premium” based on the perceived likelihood that this person will need to make a claim on his or her insurance. In Florida, despite the years of luck, the likelihood that someone will need to make a claim on their property insurance is much higher. If there is a good year and no hurricanes, the insurance company will retain a “profit.” But that extra money doesn’t just get dolled out to shareholders; it is reserved for future disasters or allocated to claims around the country. And based on a recent report from The Tropical Meteorology Project at Colorado State University, we may not be so lucky in the next hurricane season:

Their “extended range” forecast calls for 17 named storms in the 2011 season, of which 9 will become hurricanes, and five will reach “major” hurricane strength at 111 mph  (Cat. 3) or higher. And while no 2010 hurricanes crossed the U.S. coastline, the CSU team said, “We would expect to see more landfalling hurricanes in 2010. The average is 1 in 4 Atlantic hurricanes making a landfall in the U.S.

Insurers need to prepare for future losses. And despite several years of no significant hurricane damage, many insurers cover all types of damages around the country. Their losses are usually not limited to one state or line of insurance.

Insurance on a global stage:

While some insurers are strictly based in one state and provide limited types of coverage, many insurers operate throughout the nation providing many different kinds of insurance (property, auto, etc). This is so that a hurricane in Florida can be paid by premiums of Californians and a mudslide in California can be paid by homeowners in Minnesota. This way an insurance company can remain “solvent,” that is, it can have enough money to pay all the claims year round. The greater diversity an insurance company has among its policy holders, the less likely it is to experience a disaster that depletes all of its funds at once. However, not all insurance companies can spread the risk around the nation and even those that do can purchase extra insurance, known as reinsurance, to further protect against catastrophic claims. Reinsurers provide insurance for insurance companies around the world.

Why rates rise:

Insurance rates rise when insurance companies can get state governments to allow them to rise. The goal of most insurance companies is to estimate risk and charge a rate that brings loss and income to an almost 1 to 1 ratio. This allows them to charge the lowest amount, to be competitive with other companies, while still having enough funds to pay claims and not lose money. Basically, insurance companies would like to “break even” when it comes to insurance premiums. (A big misconception about insurance companies is that they draw the majority of their profits from unused premiums; this is not the case. Insurance companies make the majority of their profits through “holding” premiums and investing them in other products.)

The reason insurance companies in states like Florida are constantly harping for a rise in the premium rates is because the state government has forced insurance companies to operate at a loss for many years. In addition, insurers in Florida were forced to give “mitigation credits” for homeowners who took steps to prevent damage. While mitigation is a good thing and something that insurers would normally reward with lower premiums, in Florida the rates are so depressed that mitigation only reduces the amount insurers are likely to lose; forcing them to give credits puts them back at square one in terms of loss-risk.

“In the short term, it was great for consumers. Premiums on homeowners’ policies were reduced anywhere from 20 to up to 70 percent…The long-term thing was that companies like Allstate and State Farm were being forced to give back 60 to 70 percent of the earnings they made the year before because of the discounts that were made available to consumers.” This according to Brad Emmons of Vero Insurance.

Despite common belief that insurers are flush with money and reports that claim shady dealings, two-thirds of insurance companies in Florida are operating at a net loss and non-hurricane-related costs are on the rise. According to one report, non-hurricane costs accounted for 65 percent of Florida insurers losses.

In the end, Florida is a risky place to live and government interference has decimated the insurance environment in the state. The answer is to continue to let rates rise until they represent true risk. Eventually, private insurers will re-enter the state’s market (once it is profitable again), reserve money will be secure, and rates will fall to a level that reflect the actual risk of building a home on a coastline that is prone to hurricanes and other natural disasters.

In Orange County, Florida, barbering without a license is illegal. Perhaps owing to the absurdity of the regulation, the offense is only a misdemeanor. Barriers to entry, licensing, usually serve as ways for existing barbers to limit competition. But something else must be going on in Orange County. Look at how barber licensing is being enforced:

As many as 14 armed Orange County deputies, including narcotics agents, stormed Strictly Skillz barbershop during business hours on a Saturday in August, handcuffing barbers in front of customers during a busy back-to-school weekend.

It was just one of a series of unprecedented raid-style inspections the Orange County Sheriff’s Office recently conducted with a state regulating agency, targeting several predominantly black- and Hispanic-owned barbershops in the Pine Hills area.

The raids were performed without a warrant. Their ostensible goal was to put a stop to other crimes going on in the shops. But according to The Orlando Sentinel,  ”records show that during the two sweeps, and a smaller one in October, just three people were charged with anything other than a licensing violation.” There were 37 arrests in all.

(Via Radley Balko)

Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami school for two years. Toy guns violate his school district’s zero-tolerance policy for weapons.

The district offered to place Sam in a correctional school; his parents opted to home-school him instead. His father told the local NBC affiliate, “I can’t sit here and allow them to send my kid to a school where students have committed actual crimes,” Burgos said. “He hasn’t committed a crime.”

Sam misses his friends. And he may have to repeat the second grade. All because common sense has gone missing from Broward County’s schools. That’s what makes the school board’s response especially galling:

The school board says it’s common sense to know that this kind of item can’t be allowed on school campus and that responsibility also falls on parents to know what their children have in their backpacks.

The Burgos family has suffered enough. Toy guns are not weapons. They are toys. The school board should exercise a bit of common sense and reinstate Sam immediately.

Florida has one busy legislature. They spend their time on everything from the amount of toilet paper in restaurant bathrooms to fake testicles on the back of pickup trucks.

The mighty Solons of Florida have just passed a whopping 140 new regulations. Hopefully residents can keep them all straight! Highlights:

-If you sell horse meat for human consumption, you should be aware of new labeling rules.

-It is now illegal to own a Burmese python in Florida.

-Or a bong, for that matter.

-Florida’s $100 limit for poker buy-ins is repealed. There is no longer a limit on buy-in amount.

-Want to coach your kid’s youth sports team? You will have to pass a background check.

-The next time you buy over-the-counter cold medicine, you will have to show ID and sign a form.

While deregulation is always a good thing, we shouldn’t be fooled into believing that the recent news that Florida’s office of insurance regulation has “relaxed their standards of solvency” is anything akin to deregulation or reform. Insurance companies, property owners, and taxpayers remain in a situation as precarious as a beachfront home in the middle of hurricane season.

Insurance companies in the state of Florida will now be allowed to continue operating despite having a level of funds that previously would have had their license to operate revoked. What this means is an insurance company that by industry standards (you know, the standards that actually reflect the reality of a situation) doesn’t have enough money to pay their customers in the event of a reasonably likely hurricane season, is perfectly fine by the new standards of the Floridian government.

This news comes on the heels of a veto vote by governor, Charlie Crist on a measure that would have allowed insurers to charge higher rates (a measure he worked on and supported prior to his separation with the Republican party). Allowing insurance companies to charge the rates they want would have allowed them to rebuild their underfunded coffers–the one thing that would actually represent a real step toward reforming Florida’s insurance market.

So, while it is great that the state won’t step in and shut down companies, insurers in Florida are no less prepared to weather a bad hurricane season and just as likely to find themselves needing state assistance to pay claims after a storm. And because the state has an underfunded catastrophe fund the very likely event of a bad hurricane season could send the state of Florida begging for money from the federal government and every taxpayer in the country to pay for beach homeowners who have been paying too little for insurance for too many years.