Every year the Florida legislature meets in session for 60 days to write or rewrite the laws of the state and occasionally propose changes to the state constitution. From the thousands of bills that are filed, only a relatively small percentage will find their way to the governor's desk for a signature or a veto.

The decisions being made in Tallahassee on your "behalf" by elected representatives will literally determine how much regulation your industry will have to bear, what hurdles your business may have to overcome in order to deliver your product or your service, and perhaps whether one of your competitors will gain an advantage over your business due to a rewrite of a law.

In all likelihood, your industry has some association that represents your interests, but if you are not an active participant or even a member, you may never know what legislative changes are being proposed until it is too late. Fortunately, in the legislative process, it is generally easier to kill an idea than make one a law. Still, there are scores of bills that will become law without your knowledge.

For the business community, collectively, the No. 1 issue is civil justice system reform--more commonly referred to as tort reform.

In step with that, the Florida House of Representative made history this session when it overwhelmingly passed legislation that would abolish "joint and several liability"--the onerous provision that means if a court finds an individual or business guilty of negligence, then the one with "deepest pocket" (the most money) is sometimes required to pay more. Some 26 other states have abolished this.

This move is significant because neither the Senate nor House has ever mustered the votes to do away with that provision.

Another important and much debated issue includes changing the way that we amend our state constitution. To date there has not been a unanimous approach to change the process so that it isn't hijacked by special interests.

So why should you worry? Because just like the group from California that came to Florida and pushed to pass a state minimum wage--which only six other states have--what if a group put on the ballot a constitutional amendment that required every business in Florida to provide comprehensive health insurance at no cost to their employees and their families? Who could be against such a wonderful idea? The answer is: every business that would be forced to provide this coverage without any financial assistance.

Growth management is another critical issue because of the steady influx of new residents and visitors to our state. It is estimated that Florida currently has a backlog of infrastructure needs (e.g. roads, sewers, water, etc.) totaling at least $17 billion, with some estimates doubling that amount.

How the state is going to pay for these costs, what costs developers will have to bear and at what point concurrency kicks in are key issues that will tremendously impact the bottom line of many businesses. With the dollar amounts being discussed, none of this will come cheap. Medicaid, with its exponential growth, is now consuming 25 percent of the state's budget. At this rate, it won't be long before the state budget will be consumed by this entitlement. To the extent that state dollars are tied up in funding this need, other critical state needs will have to be ignored, or at the very least delayed.

So, what can you realistically do to get involved and make an impact? Well, for starters, you must decide that you are going to be the master of your universe: that you are going to take an active role in deciding your personal and corporate destiny. Next, you need to meet your elected officials and their staff at the city, county and state level.

These public servants are eager to meet you and the good ones are truly interested in your opinions. Unfortunately, most citizens feel uncomfortable talking to our elected officials, so we just go about minding our own business. This is a mistake, because the republican form of government that was adopted by our forefathers more than two centuries ago invested these folks with the power to literally decide every critical issue that impacts our daily lives. Even making a campaign contribution, regardless of the amount, is a way to play a leadership role with your elected official.

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Nationally, only 4 percent of Americans make a campaign contribution, so whatever amount you give will make you stand out in the mind of an elected official. In cases where you are unable or reluctant to meet elected officials, feel free to approach their staff and begin a dialogue--you will often find them to be a wealth of knowledge, and easy to work with.

Finally, you need to seek out the special interest group that represents your industry or profession and become an active member. Many times they will facilitate meetings in a group setting with elected officials and they will stake out a position for or against issues that affect your business. Don't be afraid of joining these groups, because every one of us has special interests ranging from our religious affiliation to our hobbies (e.g. hunting, fishing, sports) to our political orientation (e.g. Republican, Democrat, liberal or conservative) to our avocation (e.g., environmental preservation) and so on.

In the final analysis, you can either drive the car or be a passenger, but if all you are going to do is go along for the ride, then you really don't have any justification to complain about the ultimate destination. So, be the driver. You will find that it is a rewarding experience both personally and professionally. And who knows, you just might be able to make a difference. Isn't that what democracy is really about: the right to make free and unfettered choices?

[Note: This column was written prior to the legislative session concluding May 6.]

BARNEY T. BISHOP III

PRESIDENT ASSOCIATED INDUSTRIES OF FLORIDA

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