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BREVARD WATCHLIST

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Follow the paper trail behind the latest news and hold local leaders and businesses accountable.

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07/03/2009 03:01 AM | Click to Comment

Mercedes Homes faces damage claims

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BY JEFF SCHWEERS

When Mercedes Homes filed for bankruptcy in January, the Melbourne-based construction company estimated some 1,000 to 1,500 creditors. At the time the largest of those was Fifth Third Bank in St. Petersburg, with a claim of $7.1 million, followed by Sanford-based 84 Lumber is next with a claim of nearly $615,000.

Dozens of subcontractors have filed claims against Mercedes Homes, the Melbourne-based home builder that filed for bankruptcy back in January.

Now comes a group of Brevard County homeowners claiming construction defects on some 8,000 homes built between 2004 and 2008 caused at least $120 million in damage. And that\'s a conservative estimate, says the lawyer for the plaintiffs, Joe Colombo of Mommers and Colombo of Melbourne.

While it\'s nearly impossible to get money from a company going through bankruptcy proceedings, Colombo is confident there is a pot of insurance money his clients may claim.

Colombo has assembled a team of lawyers who are experts in construction defect law, and wants people to contact him if they have similar problems and think they may be entitled to damages.

Click HERE to go to the web site he\'s set up.

The plaintiffs, homeowners from Satellite Beach and Merritt Island, claim that the poured concrete exterior walls were not properly joined, causing water to leak into the house and damaging carpeting, moulding, even steel reinforcement beams. They estimate that to repair the cracks in the walls would cost a minimum of $15,000 per home, more if there\'s water damage.

Bobby Freeman, a Merritt Island Realtor, says everyone in his subdivision has the telltale cracks running vertically at evenly spaced intervals about where the wall sections meet. To demonstrate, he ran a garden hose on one of the outside cracks on his home. Within minutes, water started seeping into the garage.

\"Obviously, water is coming through,\" Freeman says.

Earlier Posts

07/03/2009 03:01 AM Mercedes Homes faces damage claims

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07/01/2009 03:04 AM | Click to Comment

Baseball, politics mix at Space Coast Stadium

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People participating in an April Tea Party

BY JEFF SCHWEERS

Baseball has Bat Day and Helmet Day, but Teabag Day?

The Brevard Tea Party has rented the Space Coast Stadium for an undisclosed fee to hold a rally before the Brevard Manatees’ Independence Day game and fireworks display. Organizer Matthew Nye says on his web site he wants to fill every seat of the 8,100-capacity stadium.

The group rate allows Nye to charge fellow tea partiers $5 a head, which also entitles them to a voucher that will let them re-enter the stadium after the rally to scramble for seats with the rest of the crowd coming to watch the Manatees and the fireworks.

General admission for the game and festivities is $7 — so those attending the rally will be getting a $2 discount.

\"They\'re treating the people who would like to attend,\" Manatees General Manager Kyle Smith said.

He refused to disclose how much the Brevard Tea Party was paying to rent the publicly owned facility, which was financed with tourist development tax dollars. The gruop stands for less government and lower taxes.

Since the rally was announced, Smith said he’s received a lot of angry and misunderstanding calls from people who don’t want to see their baseball mixed with politics. Some take their baseball pretty passionately, evidently.

\"I got blasted for a week,\" Smith said. \"I had a death threat!\"

Smith said he rents the stadium out to large groups as a public service, regardless of political persuasion. If Moveon.Org (a liberal group) wanted to rent the stadium, he’d let them.

\"It\'s the people’s ballpark,\" he said.

Earlier Posts

07/01/2009 03:04 AM Baseball, politics mix at Space Coast Stadium

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06/30/2009 11:32 AM | Click to Comment

Gov. Crist vetoes public records exemptions

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BY JEFF SCHWEERS

Gov. Charlie Crist has vetoed two exemptions legislators tried carving out of the state\'s public records law.

One would have sealed \"any proprietary business information\" obtained from a telecommunications or broadband company by the Department of Management Services. Crist said in his veto letter that he found the term too broad, even though he appreciates \"the need to keep certain proprietary business information confidential.\"

He said the Legislature should revisit the issue to find language that both protects business interests and maintains government transparency.

Crist also vetoed a bill that would have exempted the identies of people who give money for a public building or facility. Florida law already provides several exemptions for donors under specific circumstances, Crist noted in his veto letter, but \"all of those exemptions are for donations made to direct support organizations that must comply with federal reporting requirements.\"

Crist said the federal reporting requirements provide for public oversight and transparency, something the current legislation lacks.

Earlier Posts

06/30/2009 11:32 AM Gov. Crist vetoes public records exemptions

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06/29/2009 03:21 AM | Click to Comment

Center ranks Legislature\'s financial disclosure

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BY JEFF SCHWEERS

The Center for Public Integrity has just released a report grading the transparency of state financial disclosure requirements for their lawmakers, and guess what? Florida barely made the grade.

For all its vaunted public records laws and requirements, the state earned a D from the non-profit organization devoted to investigative journalism aimed at government accountability and transparency. The center has been reporting on disclosure requirements since 1999. Click HERE to see the latest disclosure report.

The top-rated state for legislative financial disclosure? Louisiana -- the Pelican state, which moved up several notches because of reforms made since the Center\'s last survey two years ago. Mississippi also made big improvements, according to the report.

Florida scored a 66 out of a possible 100 points based on a 43-question survey that measures things like public access to lawmakers\' personal finances, employment, investments, property holdings and the like. A score of 60 or lower is a failing grade.

Florida scored high on employemtn information, but got gooze eggs on such things as job title and description requirements, spousal employment requirements. The state only got half a point on investments because filers are not required to describe personal business interests.

Florida doesn\'t require disclosure of spousal investments or real property, either. Nor does the state require the names of the spouse or dependents.

Florida also was penalized for not routinely reviewing files for accuracy and completeness and for not publishing a list of delinquent filers.

One positive change since 2006 that was noted: Fillings now on record are available electronically.

What do you think? Should Florida require even more disclosure of public officials\' financial records than it already does?

Earlier Posts

06/29/2009 03:21 AM Center ranks Legislature\'s financial disclosure

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06/24/2009 04:11 PM | Click to Comment

Governor vetoes insurance bill

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Satellite Beach home damaged by Hurricane Jeanne

BY JEFF SCHWEERS

Gov. Charlie Crist this afternoon vetoed the so-called \"Consumer Choice Bill,\" which would have freed top-rated national insurance companies such as State Farm, USAA and Nationwide from state rate regulation.

Part of his reasoning, according to Crist\'s veto letter, was that the bill would reverse or change the current climate in Florida where insurance rates are relatively stable. The theory behind the bill was that it might attract more large private insurers by letting them charge much higher prices than smaller companies based in Florida.

\"Although coined the \'Consumer Choice\' bill, there is no provision in House Bill 1171 that allows consumers to review options and make a choice that best fits their needs,\" Crist wrote. \"On the contrary, the bill actually gives \'the choice\' to a select group of property insurance companies and allows them to decide who they are willing to sell a non-regulated policy.\"

The Brevard County legislative delegation supported the bill. Crist said the bill would allow the biggest companies to cherry-pick the profitable policyholders and dump the unprofitable ones.

Click HERE to read Crist\'s veto letter.

What do you make of Crist\'s decision? Was he right to veto it? Or were Brevard\'s elected officials right to support it?

Earlier Posts

06/24/2009 04:11 PM Governor vetoes insurance bill

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06/23/2009 04:08 PM | Click to Comment

Catch watchdog on radio, TV

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Tune in from 6-8 a.m. Wednesday as columnist Matt Reed tackles local issues on \"Bill Mick Live,\" on WMMB 1240 A.M. (1350 in north Brevard).

And don\'t miss Reed\'s \"Today in Brevard\" public affairs TV program at 11:30 and 4:30 on WBCC, Bright House Channel 5. The program simulcasts on the Florida Today homepage.

Earlier Posts

06/23/2009 04:08 PM Catch watchdog on radio, TV

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06/22/2009 04:26 PM | Click to Comment

Customers weigh in on FPL rate hike proposal

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FPL\'s plant in Port St. John (file)

Customers will get a chance Wednesday to weigh in on the company\'s proposed rate hikes for next year.

FLORIDA TODAY reporter Wayne T. Price writes:

FPL filed a petition in March with the commission, the state\'s utility regulatory agency, for a $12.40 increase to its monthly base rates beginning in January that together constitute a $1 billion overall rate increase. The utility also plans to seek a $247 million increase in 2011. Base rates make up about 40 percent of a typical customer\'s monthly bill.

The proposed increases would support investments in the company\'s infrastructure, including modernization of its power plant in Port St. John. It also would raise money for repairs for hurricane damage to its system -- something the base rates do not cover now.

For customers, however, the 2010 increase will be offset by savings from projected reductions in the cost of fuel and improvements in operational efficiencies.

So the net result, pending a commission decision by mid-November on how much of an increase to allow, if any, is a savings of about $5. Under FPL\'s rate proposal, the typical 1,000 kilowatt-hour residential bill would decrease from approximately $109 in December 2009 to about $104 on Jan. 1.

Want to tell the power company what you think of its proposed rate increase? Customers can make their comments known at a hearing at the commission room, County Government Center, 2725 Judge Fran Jamieson Way, at 9 a.m. Wednesday.

Earlier Posts

06/22/2009 04:26 PM Customers weigh in on FPL rate hike proposal

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06/19/2009 10:45 AM | Click to Comment

Brevard court records system crashes

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By Jeff Schweers

Anyone trying to do real estate business this past week encountered a serious roadblock, of an electronic nature.

The Brevard County Clerk of Courts Official Records Management server crashed, making it impossible to research titles, file tax deeds and court records -- or to conduct any other type of business requiring the electronic database.

\"I\'m a commercial real estate attorney. If I need to record something, if I want to get something updated, I can\'t do it,\" Mitchell Goldman, a Cocoa real estate attorney told FLORIDA TODAY earlier this week. \"It\'s like, come on guys, get it fixed. We can\'t do business. The title companies can\'t do business. It costs us all money and time.\"

First, the information technology staff had to find the problem, repair it and get it up and running again, Clerk of the Courts Scott Ellis said. Once they got that done, his clerks had to reconstruct and reload millions of electronic images back into the system. As of Thursday, folks could access the official records from 1981 to 2006, and more recent records are currently available today as well.

Meanwhile, court filers still could have documents time-stamped. Now that the system is back up, Ellis said, his staff will probably work well into the weekend to enter all that backlogged material.

\"We have been taking in recording papers over the counter,\" Ellis said. \"When the system comes back up we will record the backlog.\"

Earlier Posts

06/19/2009 10:45 AM Brevard court records system crashes

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06/18/2009 01:00 AM | Click to Comment

Paul Blart, rocket cop?

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By Matt Reed

The union for security officers at Cape Canaveral Air Force Station fears that tighter physical fitness standards could rule out as many as 110 guards -- more than half the force.

After Oct. 1, the security force must meet civil-service standards for government workers and may have to compete for jobs with veterans just out of the military, FLORIDA TODAY reporter Patrick Peterson writes.

\"Physical fitness standards will knock out 60 percent of our people,\" Jerry Heyman, president of the Security Police and Fire Professionals of America Local 127 told Peterson. \"As a union, we\'re fighting it.\"

It takes a big man (no pun intended, we hope) to admit that most of the 180-member team guarding a critical rocket-launch facility is totally out of shape.

Consider that local and U.S. officials have described Brevard County\'s military launch facilities as prime targets for terrorism.

Now, consider the new requirements: Officers must be able to run 1.5 miles in under 17 1/2 minutes, perform 29 sit-ups in 2 minutes and be able to sprint 300 meters in 81 seconds.

Let\'s put that into perspective, in increments any weekend warrior can understand:

The standard for the 1.5-mile \"run\" works out to a pace of 11.5 minutes per mile. A healthy soccer mom could do that at a brisk walk.
The standard for the 300-meter \"sprint\" works out to 27 seconds per 100 meters. Your typical elementary- or middle-school kid runs twice that face, according to times at a recent summer camp in Satellite Beach.
And if anyone can do 29 sit-ups, they can do them in 4 seconds or less. Try it, counting, \"one thousand one, one thousand two ...\"

The 180-member security force includes 150 officers and 30 supervisors. More than half of the officers are older than 40 and have at least 15 years on the job.

The union has advised its members to begin training to meet the new fitness standards.

\"We don\'t want to give anybody false hope that we can stop this,\" Heyman said.

Earlier Posts

06/18/2009 01:00 AM Paul Blart, rocket cop?

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06/16/2009 05:30 PM | Click to Comment

Ford and Ellis feud over tax roll delays

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By Jeff Schweers

Two elected officials are feuding over who\'s to blame for a possible delay in delivering your \"Truth In Millage\" tax notice that shows whether you\'ll pay more or less next year.

In a letter to Brevard County Commission Chairman Chuck Nelson, Property Appraiser Jim Ford has all but accused Clerk of Courts Scott Ellis of holding up certification of this year’s tax roll.

Ford says the clerk has furloughed the key staff needed to finish processing cases that went before the Value Adjustment Board, causing delays. That, in turn, will cut into the time remaining for taxing authorities to calculate proposed and \"roll back\" tax rates and send out Truth in Millage notices by the August deadline.

Click HERE for a copy of Ford\'s letter.

The Truth In Millage, or \"TRIM,\" notices tell property owners how their local government spending plans will likely affect their taxes. In boom years, the governments calculate a \"roll back\" tax rate, a number that shows how much you\'d save in taxes if government didn\'t increase spending. During lean times, the notices show how much more you\'d pay to keep government spending the same.

Ford said hearings on petitions by property owners ended four months ago, but the clerk won’t be wrapped up until July 30.

\"This is well past the deadline needed to provide these calculations for the tax roll certifications,\" Ford said, noting the county and other taxing authorities have to return something called the DR-420 forms no later than Aug. 4.

That has alarmed at least two local governments.

Palm Bay City manager Lee Feldman said if he doesn’t have the certified tax roll by July 1, he won’t \"be in a position to accurately determine the rollback rate.\"

Ellis said he doesn’t know what Ford is talking about.

The last seven petition files were entered Tuesday, he said in an email exchange with several other officials, and the balance will be cleared at the Value Adjustment Board\'s July 15 hearing, not July 30. And the clerks responsible for doing that job were furloughed after the work was done, Ellis says.

Ellis blames the board\'s special magistrates, who should have been told by Ford of a deadline.

\"We don’t control when special masters turn in their answers,\" Ellis said.

The county hires the special magistrates.

The Value Adjustment Board had 3,512 petitions this year, compared to 1,900 last year. The final hearing date for petitions was Feb. 28; the clerk’s office didn’t receive the final boxes from special magistrates who hear those cases until June 7. Other counties impose fines for petitions not received by the deadline date, which is supposed to be four weeks after the final hearing, Ellis said.

If it’s that important, he said, maybe Ford should impose deadlines on the special magistrates and the county should fine them when they don’t file their answers on time.

\"I have heard nothing from him, received nothing from him,\" Ellis said. \"If he had a drop-dead date he should have told us.\"

As far as the Florida Department of Revenue, which is the ultimate authority here, they don\'t expect or require an estimate by July 1. Spokeswoman Renee Watters said the certification of taxable value \"is not an estimate but is a snapshot\" as of that date and generally mirrors the values taken as of January 1 for each tax entity.

\"The law recognizes that these taxable value numbers are subject to later revision and adjustment for various changes, including for example, actions of value adjustment boards,\" Watters said.

Earlier Posts

06/16/2009 05:30 PM Ford and Ellis feud over tax roll delays

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