Broward's Blog

Florida Democratic Party Redistricting Lawsuit

2012-02-13T08:20:00.000-05:00

IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT, IN AND
FOR LEON COUNTY, FLORIDA

RENE ROMO, an individual; BENJAMIN WEAVER, an individual; WILLIAM EVERETT WARINNER, an individual; JESSICA BARRETT, an individual; JUNE KEENER, an individual; RICHARD QUINN BOYLAN, an individual; and BONITA AGAN, an individual,

Plaintiffs,

RICK SCOTT, in his official capacity as Governor of the State of Florida, KURT BROWNING, in his official capacity as Florida Secretary of State, and PAM BONDI, in her official capacity as Attorney General of the State of Florida,

Defendants.

CASE NO. ____________

COMPLAINT

INTRODUCTION

1. Plaintiffs bring this action to challenge the constitutionality of Florida’s congressional reapportionment plan, Committee Substitute for Senate Bill 1174 (“2012 Congressional Plan”), and the constitutionality of individual districts in the 2012 Congressional Plan.

2. Article III, Section 20 of the Florida Constitution provides the standards for reapportionment of Florida’s congressional districts. Unfortunately, in conducting the 2012 congressional reapportionment process, the Florida Legislature violated these constitutional requirements. Plaintiffs bring this action to ensure that Florida’s congressional districts and reapportionment plan abide by the fair, neutral, and constitutionally-mandated requirements of Article III, Section 20.

PARTIES

3. Plaintiffs Rene Romo, Benjamin Weaver, Jessica Barrett, June Keener, Richard Quinn Boylan, William Everett Warinner, and Bonita Agan are citizens of the United States and residents and qualified voters in the State of Florida.

4. Plaintiff Rene Romo resides at 626 Caroline Street in Key West, Florida. Under the 2012 Congressional Plan, she resides in Congressional District 26.

5. Plaintiff Benjamin Weaver resides at 1649 Stockton Street in Jacksonville, Florida. Under the 2012 Congressional Plan, he resides in Congressional District 4.

6. Plaintiff William Everett Warinner resides at 306 NE 5th Avenue in Gainesville, Florida. Under the 2012 Congressional Plan, he resides in Congressional District 5.

7. Plaintiff Jessica Barrett resides at 217 Palm Avenue in Auburndale, Florida. Under the 2012 Congressional Plan, she resides in Congressional District 10.

8. Plaintiff June Keener resides at 9424 Via Segovia in New Port Richey, Florida. Under the 2012 Congressional Plan, she resides in Congressional District 12.

9. Plaintiff Richard Quinn Boylan resides at 2950 Alton Drive in St. Pete Beach, Florida. Under the2012 Congressional Plan, he resides in Congressional District 13.

10. Plaintiff Bonita Agan resides at 251 Driftwood Road SE in St. Petersburg, Florida. Under the 2012 Congressional Plan, she resides in Congressional District 14.

11. Defendant Rick Scott is the Governor of the State of Florida. In his official capacity, Governor Scott is the chief executive officer of the State of Florida and is charged with ensuring that the laws are faithfully executed. Defendant Scott further has the power to veto or approve and sign into law congressional reapportionment legislation.

12. Defendant Kurt Browning is the Secretary of State for the State of Florida. In his official capacity, Defendant Browning is the chief elections officer for the State of Florida and is charged with administering Florida election laws.

13. Defendant Pam Bondi is the Attorney General of the State of Florida. In her official capacity, Defendant Bondi is the chief legal officer of the State of Florida.

JURISDICTION AND VENUE

14. This Court has jurisdiction over this action pursuant to Article V, Section 5(b) of the Florida Constitution, and has authority to grant declaratory and injunctive relief pursuant to Fla. Stat. §§ 86.011 and 26.012(3) respectively.

15. Venue is proper in Leon County pursuant to Fla. Stat. § 47.011.

FACTUAL ALLEGATIONS

16. On November 2, 2010, Florida voters overwhelmingly voted to amend Florida’s Constitution to include a provision requiring that fair and neutral standards be used when drawing congressional district lines.

17. The congressional reapportionment provision, designated “Amendment 6” on the ballot and now contained in Article III, Section 20 of the Florida Constitution, provides:

SECTION 20. Standards for establishing congressional district boundaries.—In establishing congressional district boundaries:

(a) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.

(b) Unless compliance with the standards in this subsection conflicts with the standards in subsection (a) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.

(c) The order in which the standards within subsections (a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.

18. On February 9, 2012, the Florida Legislature passed the 2012 Congressional Plan.

19. On information and belief, Defendant Rick Scott imminently will sign the 2012 Congressional Plan into law.

20. The 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, the 2012 Congressional Plan:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor certain incumbents;

d. was drawn with the intent to disfavor certain incumbents;

e. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

f. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

g. was drawn with the result of denying or abridging the equal opportunity of racial and language minorities to participate in the political process;

h. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice;

i. contains districts that are not compact; and

j. contains districts that fail to utilize existing political and geographical boundaries where feasible.

21. Congressional District 4 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 4:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

e. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

f. was drawn with the result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process;

g. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice;

h. is not compact; and

i. fails to utilize existing political and geographical boundaries where feasible.

22. Congressional District 5 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 5:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

e. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

f. was drawn with the result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process;

g. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice;

h. is not compact; and

i. fails to utilize existing political and geographical boundaries where feasible.

23. Congressional District 10 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 10:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

e. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

f. was drawn with the result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process;

g. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice;

h. is not compact; and

i. fails to utilize existing political and geographical boundaries where feasible.

24. Congressional District 12 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 12:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. is not compact; and

e. fails to utilize existing political and geographical boundaries where feasible.

25. Congressional District 13 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 13:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

e. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

f. was drawn with the result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process;

g. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice; and

h. fails to utilize existing political and geographical boundaries where feasible.

26. Congressional District 14 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent;

d. was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process;

e. was drawn with the intent to diminish the ability of racial and language minorities to elect representatives of their choice;

f. was drawn with the result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process;

g. was drawn with the result of diminishing the ability of racial and language minorities to elect representatives of their choice;

h. is not compact; and

i. fails to utilize existing political and geographical boundaries where feasible.

27. Congressional District 26 under the 2012 Congressional Plan violates multiple aspects of Article III, Section 20 of the Florida Constitution and deprives Plaintiffs of rights guaranteed them by the Florida Constitution. In particular, Congressional District 26:

a. was drawn with the intent to favor a political party;

b. was drawn with the intent to disfavor a political party;

c. was drawn with the intent to favor an incumbent; and

d. fails to utilize existing political and geographical boundaries where feasible.

28. On information and belief, absent an injunction from this Court, Defendants intend to and will conduct primary and general elections for the United States House of Representatives on the basis of the congressional districts set forth in the 2012 Congressional Plan.

29. Plaintiffs intend to and will vote in the state primary and general elections to be held in 2012 and thereafter for candidates for the United States House of Representatives. If those elections are conducted by Defendants on the basis of an unconstitutional reapportionment plan and unconstitutional congressional districts, Plaintiffs and all other similarly situated individuals will be further deprived of rights guaranteed by the Florida Constitution.

COUNT 1
(Violation of Article III, Section 20 of the Florida Constitution)

30. Plaintiffs restate and incorporate by reference the allegations of paragraphs 1 through 29 above as though fully set forth herein.

31. The 2012 Congressional Plan was drawn with the intent to favor and to disfavor certain political parties, was drawn with the intent to favor and to disfavor certain incumbents, was drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process and diminish their ability to elect representatives of their choice, was drawn with the result of denying or abridging the equal opportunity of racial and language minorities to participate in the political process and diminishing their ability to elect representatives of their choice, contains non-compact districts, and contains districts that fail to utilize existing political and geographical boundaries where feasible. As a result, the 2012 Congressional Plan as a whole violates Article III, Section 20 of the Florida Constitution. The 2012 Congressional Plan as a whole deprives Plaintiffs and all other citizens of Florida of the rights guaranteed them by the Florida Constitution.

32. The 2012 Congressional Plan contains districts, including districts in which Plaintiffs reside, that were drawn with the intent to favor and to disfavor certain political parties, were drawn with the intent to favor and to disfavor certain incumbents, were drawn with the intent to deny or abridge the equal opportunity of racial and language minorities to participate in the political process and diminish their ability to elect representatives of their choice, were drawn with the result of denying or abridging the equal opportunity of racial and language minorities to participate in the political process and diminishing their ability to elect representatives of their choice, are non-compact, and fail to utilize existing political and geographical boundaries where feasible, all in violation of Article III, Section 20 of the Florida Constitution. These districts deprive Plaintiffs and all similarly situated citizens of Florida of the rights guaranteed them by the Florida Constitution.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request that this Court:

1. Declare, pursuant to Fla. Stat. § 86.011, that the 2012 Congressional Plan deprives Plaintiffs and all citizens of Florida of their rights under Article III, Section 20 of the Florida Constitution, and that the 2012 Congressional Plan is unconstitutional, unlawful, null, and void; or, in the alternative, declare that Congressional Districts 4, 5, 10, 12, 13, 14, and 26 under the 2012 Congressional Plan deprive Plaintiffs and other residents of these districts of their rights under Article III, Section 20 of the Florida Constitution, and that these districts are unconstitutional, unlawful, null, and void;

2. Issue a permanent injunction and judgment, pursuant to Fla .Stat. § 26.012(3), barring Defendants from calling, holding, supervising, or certifying any further elections under the 2012 Congressional Plan; or, in the alternative, enjoin Defendants from calling, holding, supervising, or certifying any further elections using Congressional Districts 4, 5, 10, 12, 13, 14, and 26 under the 2012 Congressional Plan;

3. Hold hearings, consider briefing and evidence, and otherwise take actions necessary to determine and order valid plans for new congressional districts for the State of Florida; and

4. Grant such other or further relief the Court deems to be appropriate, including but not limited to an award of Plaintiffs’ attorneys’ fees and reasonable costs.

Dated: February 9, 2012

By:

Joseph W. Hatchett (FL Bar #34486)

AKERMAN SENTERFITT

106 E. College Ave., Suite 1200

Tallahassee, Florida 32301

Tel: (850) 224-9634

Fax: (850) 222-0103

E-mail: joseph.hatchett@akerman.com

Karen C. Dyer

Florida Bar No.: 716324

E-mail: kdyer@bsfllp.com

BOIES, SCHILLER & FLEXNER LLP

121 South Orange Avenue, Suite 840

Orlando, Florida 32801

Telephone: (407) 425-7118

Facsimile: (407) 425-7047

Jon L. Mills

Florida Bar No.: 148286

E-mail: jmills@bsfllp.com

BOIES, SCHILLER & FLEXNER LLP

100 SE 2^nd Street, Suite 2800

Miami, Florida 33131-2144

Telephone: (305) 539-8400

Facsimile: (305) 539-1307

More info.......

Source Dailykos.com

FL Redistricting: Even though Gov. Rick Scott hasn't even signed the new state's new maps into law yet, the Florida Democratic Party has already filed suit against them under the new Fair Districts amendments to the state's constitution—which forbid legislators from taking partisan factors such as incumbency into account when drawing maps—and other groups are promising to do the same. (The Miami Herald has copies of a couple complaints at the link, include the FDP's.) Without much in the way of legal precedent, it's almost impossible to predict how the courts will rule; I'd say anything from allowing the maps to stand to a radical re-draw is possible.
Meanwhile, there have been a whole number of moves brought about by the new congressional lines, which are summarized in our House section below. We also have a number of Florida-related items you'll want to check out:

Our Google Maps overlay of the new district lines;

David Jarman's comprehensive, district-by-district analysis of all the changes the new map has wrought, and what it means for Democratic and Republican election hopes;

Another awesome post from David: our Florida cheat-sheet, a one-stop shopping source for information on who's running where (and which seats are likely to be competitive) for the entire state;

Our classic redistribution analysis, showing you how the old districts get carved up into new ones under the new map;

A set of election results according to the new congressional districts, for every statewide race in Florida from 2006 to 2010;

And finally, a spreadsheet showing which old district, geographically speaking, can best be considered the predecessor of each new district—crucial because the legislature just renumbered the entire map.

Frankel Campaign Statement on Murphy Move

2012-02-08T12:54:00.002-05:00

Today Patrick Murphy announced that Allen West can’t run away from his record. Patrick announced that he is going to take his campaign to Mr. West in Florida’s 18th Congressional District. Lois Frankel previously announced that she is going to stay and fight for the people of the 22nd Congressional District.

Commenting on the Murphy campaign’s move Lois Frankel said: “I look forward to working side by side with Patrick to fight for Florida’s families in Washington.”

Wasserman-Schultz: Romney Thinks Banks Have Feelings

2012-02-04T22:08:00.000-05:00

Chair of the Democratic National Committee, Rep. Debbie Wasserman Schultz (D-FL), appeared on MSNBC while votes were being counted in Nevada's Republican caucus to hit Mitt Romney on various fronts -- the endorsement Romney recently gained from businessman Donald Trump, the former governor's hardline immigration stance, and his chances in Florida. But her best line came on going after Romney on his past gaffes on the campaign trail.

"He said in Florida that banks have feelings and feel similar pain to homeowners who are upside down in their mortgages and facing foreclosure. So for the entire contest, Mitt Romney has demonstrated how out of touch is he with regular folks," Rep. Wasserman Schultz said, refering to his statement that “The banks aren’t bad people,” that they are simply "overwhelmed right now."

Florida Dems: GOP lawmakers are presenting “a false choice.”

2012-02-03T11:10:00.000-05:00

Flanked by nurses and educators, a group of Democratic state lawmakers held a press conference in the capital yesterday to denounce the GOP-led Legislature’s plans to cut health services in the state budget in order to save money for education.

State Sen. Nan Rich, D-Sunrise, said that lawmakers were presenting “a false choice.”

Nurses and and educators showed up in support of Democrats who are pushing for a bill called the “Fair Economy Act.” The measure is an effort among Democratic legislators to change the state’s tax structure. Rich, state Sen. Oscar Braynon, D-Miami, and Rep. Even Jenne, D-Fort Lauderdale, who are sponsoring the legislation, spoke at the event.

Labor groups said at the conference that they resented being “pinned against each other” for state funding.

Rich said that the state is currently missing out on $500 million worth of revenue. She claimed extra revenue could eliminate some of the “tough choices” legislators are now saying they are being forced to make. Rich said many big Florida-based companies are not paying their “fair share,” and the burden is landing on others.

The press conference was held the day after the Florida House passed its appropriations bill. At the request of the governor, legislators increased K-12 education spending by $1.1 billion, the House public information office reports. Health appropriations, however, saw a $54 million decrease. The House’s budget also reduces Medicaid provider rates by $453.2 million, which health workers at the conference said would disproportionately affect hospitals that take in the poor.

“It’s time to try something else,” Rich said.

While it is unlikely that the “Fair Economy Act” will be anything more than symbolic, Democrats are hoping it changes the conversation about the state’s priorities.

Jenne admitted the bill “is not going to get heard,” but said Democrats should be talking about the fact that there are other ways to solve than state’s budget problems than by following the GOP model. He said many people have been “deceived.”

“The conversation has been skewed,” he said.

Despite GOP Obstruction Unemployment At 8.3

2012-02-03T10:07:00.001-05:00

Employers went on a hiring spree in January and drove down the unemployment rate for a fifth straight month to 8.3 percent, its lowest point in nearly three years.

The result pointed to a resurgent job market, and it sent stock futures surging. The Dow Jones industrial average futures, which were flat before the report, jumped 95 points.(See how Americans are spending now.)

The economy created 243,000 net jobs in January, the most in nine months, and the unemployment rate fell two ticks.

Employers have added an average of 201,000 jobs a month in the past three months. That's 50,000 more jobs per month than the economy averaged in each month last year.

The Labor Department's January jobs report was filled with other encouraging data and revisions. Hiring was widespread across many high-paying industries. Pay increased. And the economy added 200,000 more jobs in 2011 than first thought.

The unemployment is nearly a percentage point lower than over the summer, when feared a recession was imminent. The last time the unemployment rate has dropped for five straight months was in late 1994.

Lower unemployment is a positive a sign for President Barack Obama's reelection hopes. Still, he's likely to face voters with the highest unemployment rate of any post-war president.

The unemployment rate fell even as more people began looking for work. But a much larger number said they found work.

More jobs and higher incomes should help consumers boost spending and increase economic growth.

Job gains in November and December were revised upward to show that an additional 60,000 jobs were created in those two months.

The government also issued its annual revisions to jobs data going back five years. They showed that hiring was stronger over the past two years than previously thought. The economy added about 1.82 million jobs last year, nearly twice as many as in 2010.

Even with the gains, the job market faces a long way back to full health. The nation has about 5.6 million fewer jobs than it did when the recession began in late 2007.LIST: 10 Perfect Jobs for the Recession — and After

Last month, manufacturers added 50,000 jobs, the most in a year. Even the beleaguered construction sector added 21,000 jobs, its second month of strong gains. That has likely been aided by unseasonably warm weather this winter.

Leisure and hospitality, which includes restaurants and hotels, added 44,000 jobs. Retailers added nearly 11,000. And professional and business services, which encompasses higher paying jobs in accounting, architecture and engineering, gained 70,000, the most in 10 months.

There are still 12.8 million people out of work, though that is the fewest since the recession ended. An additional 11 million are either working part-time but would prefer full-time work, or have stopped searching for jobs.

When all those groups are combined, nearly 24 million are considered "underemployed. The so-called "underemployment" rate ticked down in January to 15.1 percent, from 15.2 percent.

Several reports signaled this week that the economy is improving gradually. Manufacturers expanded at the fastest pace in seven months in January, a private survey showed.

And fewer people sought unemployment benefits last week, the Labor Department said. The four-week average of applications fell to its second-lowest level since June 2008. The drop shows that companies are cutting fewer jobs, which usually leads to more hiring.

Americans spent more at big chain retail stores last month compared with a year earlier. And automakers began 2012 with a strong sales gain in January. Healthier auto sales can boost a range of companies, from steel makers to parts suppliers to shippers.

The economy expanded at a 2.8 percent annual pace in the October-December quarter, a full percentage point higher than in the previous quarter.

No Private Prisons in Florida

2012-02-03T03:59:00.001-05:00

Right now, legislation is being considered in the Florida Senate which would allow private, for-profit companies to manage 29 Florida prisons. Advocates for civil rights and criminal justice reform had feared that the bill would coast through the legislature, but as more and more Floridians speak out about the harm of private prisons, the bill is stalling.

Now is the time to act. Add your voice to the chorus of Floridians calling for real reform and urge the Senate to stop prison privatization.

Right now about 104,000 Floridians are incarcerated — approximately the population of the city of Clearwater. The private prison industry would feed off this addiction to mass incarceration by obtaining more and more taxpayer dollars to deprive Floridians of their liberty.

Proponents of the bill claim that it will save the state money, but studies have shown again and again that private prisons often end up costing taxpayers more money. They're more dangerous for correction workers and inmates, and no person should ever have to worry that the terms and conditions of his or her incarceration are influenced by profit. The only real way to cut prison spending is to break the cycle of mass incarceration.

You can help stop this dangerous step backwards for Florida's mass incarceration problem. With the privatization proposal stalling in the Senate, this week is your best chance to have your voice heard.

Florida Republican Submits Anti-Corporate Tax Bill Without Removing ALEC Mission Statement

2012-02-02T07:38:00.000-05:00

It is now the common wisdom of millions of interested parties that ALEC does not work for the vast majority of citizens, that it is a vicious corporate lobby and that it is thee main force behind the deterioration of personal liberties and workers' rights in the United States.

Arguing against ALEC's influence over state legislation has become more difficult thanks to efforts such as ALEC Exposed which display how similar bills advancing in GOP-controlled states are and from whence they originate. Now, Florida Rep. Rachel Burgin (R-56), a 29 year old former legislative aide and graduate of Moody Bible Institute, has made the task of indicting ALEC for undue influence in state politics that much easier by forgetting to remove ALEC's mission statement from a bill (PDF) she suddenly "decided” to propose. This bill calls on the federal government to reduce taxes for corporations (HM 685).

Burgin discovered her error, but not before Common Blog spotted it:

READ MY PROGRESSIVE BLOG ABOUT EXPOSING ALEC- Ron mills

All ALEC model resolutions contain a boilerplate paragraph, describing ALEC’s adherence to free market principles and limited government. When legislators introduce one of ALEC’s bills, they normally remove this paragraph. Sometimes (but only sometimes) legislators will make some slight alterations to anALEC model bill,perhaps to include something specific to them or to their state. Rep. Burgin didn’t do that. Instead she introduced a bill that was the same as the model word-for-word, forgetting even to remove the paragraph naming ALEC and describing its principles.
As a Texas Governor might say; “Oops!”
The next day, Rep. Burgin quickly withdrew the bill hoping that no one had noticed and then re-introduced it 24-hours later, with a new bill number (HM 717), but now without the problematic paragraph. Nobody seems to have noticed until now.

Politicians like Rachel Burgin are the exact reason Americans no longer have faith in the institutions of government. After working as a legislative aide, Burgin made enough corporate friends to get herself elected to the Florida State House in 2008. At 25, Burgin was elected to the statehouse two years prior to completing college. Her voting record shows a propensity for the conservative extreme.

Common Blog explains what Burgin’s mistake means for American democracy,

...states play a very significant role in setting the national agenda. Corporations know this, which is why they frequently use ALEC to secretly introduce their model bills, creating the impression of widespread popular uproar in the state houses. In recent years they have used this mechanism for both attacks on the EPA’s regulation of greenhouse gases (ALEC bill introduced in 22 states) and in pushing back against the Affordable Care Act (ALEC bill introduced in 44 states).

And, as you might expect, the supporters of this model legislation are not exactly model citizens:

Rep. Burgin’s (revised) bill to reduce corporate taxes has already been voted out of the Federal Affairs Subcommittee and is due to have a hearing in the State Affairs Committee soon. Only one external voice was heard at the subcommittee hearing, the Associated Industries of Florida (AIF), a lobby with its own ties to ALEC. AIF is now run bynotorious ex-Congressman and Florida Speaker Tom Feeney who was not only caught up in the Jack Abramoff scandal, but was once named one of the “20 Most Corrupt Members of Congress” by the organization Citizens for Responsibility and Ethics in Washington.

Read the entire Common Blog piece HERE.

ORIGINALLY POSTED TO WEPARTYPATRIOTS ON WED FEB 01, 2012 AT 10:39 AM PST.

ALSO REPUBLISHED BY AMERICAN LEGISLATIVE TRANSPARENCY PROJECT.

Debbie Wasserman Schultz statement on the results of the Florida Republican primary

2012-01-31T21:39:00.000-05:00

Democratic National Committee Chair Debbie Wasserman Schultz released the following statement tonight on the results of the Florida Republican primary:

“Mitt Romney’s victory tonight in the Florida GOP primary comes as no surprise – Romney and his Super PAC outspent his nearest opponent by running 13,000 ads to Newt Gingrich's 200, carpet- bombing the airwaves with negative ads. In fact, Romney’s campaign has already spent more on negative ads than John McCain did during his entire presidential run.

“Tonight, Romney was successful in buying his way to victory – but with every passing Republican contest, he becomes weaker with key general election swing and independent voters should he make it that far. That’s because Mitt Romney has made it clear he will say anything, take any position on any given day and before any given audience and will distort any fact about his or his opponents' record to win.

"But voters are paying more attention than Mitt Romney gives them credit for. They know he has declared support for both an extreme Tea Party agenda that would gut Social Security and Medicare and a budget plan that would end Medicare as we know it and shifts costs onto the backs of America’s seniors. They also know Romney has doubled down on his incredibly out-of-touch positions of letting foreclosures hit the bottom and expanding tax breaks to the wealthiest few at the expense of the middle class. And despite his double-speak in Florida, Mitt Romney has done nothing to dissuade voters from the notion that he is the most anti-immigrant significant major party candidate for president in generations.

"The reason Mitt Romney's negatives have soared with independent voters nationally and in key states, even as he has won one contest on his home field and bought his way to victory in another, is because the more voters learn about his extreme and out of touch positions the less they like him and the less they trust him to lead."

When Mitt Romney Comes to Town

2012-01-31T10:25:00.000-05:00

Cindy Lerner

Mayor, Pinecrest, FL; Florida Chair, Democratic Municipal Officials

It's never good news when Mitt Romney comes to town.

It wasn't good news when Romney was in the business world, experience upon which he has staked his entire candidacy. Just ask the folks at Dade Behring.

After Romney's investment firm bought the profitable medical-equipment company and ran it into the ground, 850 workers in Miami -- and twice as many nationwide -- lost their jobs. For most businesses, that would count as a devastating failure. For Romney and his fellow corporate raiders at Bain Capital, it was a rousing success: they made nearly $250 million by driving Dade Behring into bankruptcy.

Romney is running as a self-described "job creator," but the facts at that factory and so many others across the country tell a much different story. His own business partner even admitted the idea was never to put people to work -- it was to put money in their pockets by making profit at any cost. Like one of Romney's victims at Dade Behring said, "He didn't create jobs. He slashed and burned jobs."

As voters discover the truth about the kind of business Romney practiced, the candidate is finding out that coming to town now means bad news for his popularity. The more voters learn about him, the less they like him. It's not hard to see why.

Romney has profited handsomely at the expense American taxpayers, enriching himself off Medicare fraud at another medical business that he oversaw. Damon Corporation pleaded guilty to defrauding the Medicare system of $25 million while Romney served on its board of directors, which cost taxpayers $40 million. The U.S. Attorney called it a case of "corporate greed run amok" and the company was fined $119 million. Again, not an experience most business leaders would remember fondly. But when Damon was sold, Romney walked away with $473,000.

Of course, Romney doesn't want Floridians to think about the workers he laid off, the greed for which the companies he oversaw were punished, or the fortune he made in the process. So he's running on what he calls a record of job creation.

But Romney has flailed and failed while trying to explain that claim. He used to claim Bain created more than 10,000 jobs, then "tens of thousands." In recent weeks he's offered figures ranging from 100,000 to 120,000 to just "thousands." His gyrations inspire more dizziness than confidence.

And Floridians should ask themselves: if Romney's time at Bain prepared him so well to create jobs from elected office, why did Romney leave Massachusetts 47th in job creation and bleeding manufacturing jobs at double the national average?

This week the Florida sunshine will expose even more of Romney's record and ideas. They'll pale in comparison to the president's record of creating more than 3 million jobs over 22 straight months of private-sector growth, and his vision of a fair, job-creating economy that's built to last and rewards hard work and responsibility.

Just last week the president came to Disney World to announce new support for our travel and tourism industry. His campaign has already been here for months, with nine offices across the state and an army of volunteers who have held thousands of one-on-one conversations and planned hundreds more events in the coming weeks.

After the Republicans go home next week and the national media follow them out, the president's campaign will still be here talking with Floridians about his record of job-creation, transparency and restoring the values that made America great. For Mitt Romney, that's just more bad news.

Invitation To Be On The Radio Today at 3pm

2012-01-31T05:54:00.000-05:00

We are based in Boston, but broadcast progressive radio shows in a growing network of cities, including Tampa. This week, we are live in Fort Lauderdale at the Floridian Restaurant and talking to local and national democrats about the Florida primary. We are reaching out to see if you might have any contacts who are able to attend this live broadcast tomorrow. It will take place between 3-7 PM at the Floridian Restaurant at 1410 E Las Olas Blvd, Fort Lauderdale, FL 33301.

Guests on tomorrow's show include Dan Reynolds (President, Broward County AFL-CIO), and US Rep. Debbie Wasserman-Schultz.

We invite you and any of your contacts to attend this live broadcast, and join us for an afternoon of political talk, good food and a trivia contest. Stop by for the whole show, or just for a quick bite to eat and some conversation with folks who share your views!

Debbie Wasserman Schultz, has released the following statement on RNC Chair Reince Priebus' comparison of President Obama to the Italian cruise ship captain who’s come under media fire for apparently abandoning his sinking vessel

2012-01-30T12:50:00.000-05:00

The DNC Chair, Debbie Wasserman Schultz, has released the following statement on RNC Chair Reince Priebus' comparison of President Obama to the Italian cruise ship captain who’s come under media fire for apparently abandoning his sinking vessel:

“Chairman Priebus should be ashamed of his comments comparing President Obama to the captain of the wrecked Italian cruise ship. That he would compare the President of the United States with a man now charged with manslaughter for his actions shows a lack of respect for the President that is beyond the bounds of appropriate political discourse. More importantly, it shows a galling lack of sensitivity for the victims of this tragedy and their families, as well as those still living in anguish because their loved-ones are still missing.

“Chairman Priebus crossed the line. People died, and he is exploiting and making light of a tragedy for political purposes. I call on Chairman Priebus to apologize for his comments and for the hurt he may have caused in making them."

Rally to Defeat Amendment 8!

2012-01-29T16:23:00.000-05:00

Almost 200 people turned out yesterday to hear Andrew Rosenkranz, Howard Simon, and Barry Lynn at the Rally to Defeat Amendment 8! It was literally standing room only! The speakers were incredible, especially Barry Lynn, who had the audience roaring with laughter again and again. It was a wonderful event!

I am attaching four Broward Vote No on Amendment 8 Coalition flyers, which you can print out and share with friends, family and neighbors. Amendment 8 is dangerous and must be defeated! If you'd like to join us in the effort to defeat Amendment 8, please notify Alan Scheib at alanscheib@gmail.com or at 954-217-2958.

CLICK HERE TO DOWNLOAD FLYER

Alan G. Ehrlich

Mitt Romney’s ties with Damon Corporation, a company that was fined for Medicare fraud

2012-01-27T23:13:00.000-05:00

Democrats just released a report on Mitt Romney’s ties with Damon Corporation, a company that was fined for Medicare fraud. From Rep. Debbie Wasserman Schultz:

Now, as Romney campaigns across Florida, including courting voters in my congressional district, he must answer troubling questions about his time as a board member at Damon Corporation, a medical testing company that was fined over $119 million in criminal and civil fines for a large-scale Medicare defrauding scheme, and his debunked story about his role in uncovering and reporting the fraud to federal investigators.

As for what this means for Romney, the email continues:

Romney has repeatedly claimed that his success in the private sector has been—and would continue to be—an asset for the country, but it’s increasingly clear that Romney’s success came through questionable means at the expense of hardworking taxpayers. Laying off workers, defrauding Medicare, bankrupting companies, and storing millions of dollars in notorious off-shore tax havens may have brought Romney success as a corporate raider, but these aren’t the qualities that would serve America’s middle class families well.

GOP debate: Candidates bicker over illegal immigration

2012-01-26T21:37:00.000-05:00

Illegal immigration dominated the beginning of a CNN debate Thursday in Tampa, Fla. with presidential candidates Newt Gingrich and Mitt Romney clashing over rhetoric and approaches to dealing with approximately 11 million people who have entered the United States illegally.

Each of the four Republicans still in the presidential race were asked for their position on illegal immigration, but the conversation quickly became a tête-à-tête between the two frontrunners, who accused each other of offensive language and of failing to grasp what the nation must do to solve the problem.
Read the story here.

Last Redistricting Meeting Tomorrow

2012-01-26T13:28:00.002-05:00

Tomorrow, members of the House Redistricting Committee will meet to discuss and vote on proposed maps for Florida's state House, state Senate and congressional districts. The meeting represents the final committee stop for the House's proposed maps before those options head to the House floor. Meeting details are below:

What: House Redistricting Committee Meeting

Date: Friday, January 27, 2012

Time: 9:30 a.m. – 1:30 p.m. EST

Location: 404 House Office Building, Tallahassee, FL

View Live: House Broadcasts

During tomorrow's meeting, Members will consider five timely filed amendments. Each amendment is listed below for your reference. In addition, a summary of the amendments can be found here:

· State House map: Amendment 1 (H000H9049) to HJR 6011 (H000H9027) by Vice Chair Precourt

· State House map: Amendment 2 (SPUBH0177) to HJR 6011 (H000H9027) by Chair Weatherford

· Congressional map: Amendment 1 (H000C9047) to HB 6005 (H000C9043) by Vice Chair Precourt

· Congressional map: Amendment 2 (SPUBC0170) to HB 6005 (H000C9043) by Chair Weatherford

· State Senate map: Amendment 1 (S000S9008) to HJR 6001 (S000S9004) by Vice Chair Precourt

Mitt Romney Denies He Is Mexican-American

2012-01-26T06:48:00.001-05:00

Mitt Romney laughed off the suggestion on Thursday that if elected he would be the country’s first Mexican-American President. The Univision host Jorge Ramos cheekily asked about Romney’s Mexican heritage, referencing the fact that Romney’s father was born in a Mormon encampment in Mexico.

“I would love to be able to convince people of that,” Romney joked in response. “Particularly in a Florida primary.” But, he added, “I don’t think people would think I was being honest with them if I said I was Mexican-American.”

The Florida primary on January 31 is the first time in this cycle that the candidates have had to appeal to Latino voters. Whereas in Iowa and New Hampshire, Romney was courting white audiences as the far-right candidate on immigration, Romney is now moderating his stance for a Florida audience, where 11% of registered Republicans are Latino. Gingrich has struck a more moderate tone on immigration and Romney needs to win over at least some of this community.

Retain Judge Lopane Kick Off

2012-01-25T19:54:00.000-05:00

Please join the Committee to Retain Judge Lopane and Deputy Campaign Treasurers Robert Butterworth Esquire, Samuel Goren, Esp., and Collins Forman, Esq. for a

Campaign Kick Off Rally

Thursday, February 9, 2012

5:30 p.m.

Tap 42

1411 South Andrews Avenue, Fort Lauderdale

Please RSVP to retainlopane@retainlopane.com

RSVPs are appreciated but not required.

RETAINLOPANE.COM Retain Lopane P.O. Box 350223, Fort Lauderdale, FL 33335

Political advertisement paid for and approved by Nicholas "Nick" Lopane, Non Partisan, for Circuit Court Judge, Group 5.

Dear Colleagues and Friends of Nick,

As you know, with your assistance Judge Lopane was appointed to the Circuit Bench in 2010, however, Judges in Florida are required to run in their first election cycle following their appointment then every 6 years thereafter. Judge Lopane's election will be this Fall 2012, although he does not have an opponent, his campaign committee is active and vigorously promoting his candidacy. Your help is needed! If you would like to assist in this endeavor then please join us for a kickoff rally on his behalf and for some fun and refreshments. This is an open event, so please feel free to invite whomever you would like to accompany you, and to forward this email freely.

Thank you.

JOHN PAVSNER, ESQ.

JMP@Pavsnerlaw.com

Committee to

RETAIN JUDGE NICK LOPANE

P.O. Box 350223

Fort Lauderdale, FL 33335

Political advertisement paid for and approved by Nicholas

"Nick" Lopane, Non Partisan, for Circuit Court Judge, Group 5.

Rep. Wasserman Schultz Statement on 39th Anniversary of Roe v. Wade

2012-01-22T10:02:00.001-05:00

“Today we mark an incredible milestone – 39 years since the Supreme Court of the United States guaranteed the women of this country the right to make their own reproductive health decisions. As a woman, mother, daughter, friend and policy maker, I honor this anniversary by reaffirming my commitment to protecting women’s rights and encourage the women in my life and in my district to take care of their health.

"Just last Friday, Health and Human Services Secretary Kathleen Sebelius announced that the Obama Administration would not bow to pressure from anti-choice religious organizations asking for an exemption from the Affordable Care Act’s requirement to provide free birth control without a co-pay. Thanks to this decision, women working at religiously affiliated organizations, such as hospitals and universities, will not be denied access to the no-cost contraceptives made available through health care reform.

“This will benefit the more than 98 percent of women who use birth control at some point in their lives. I applaud President Obama for standing with women and once again proving that this Administration values women’s health. We must continue working to protect a woman’s constitutional right to choose — as part of her right to life, liberty, and the pursuit of happiness."

Jeb Bush To 'Stay Neutral' On 2012 GOP Candidates

2012-01-21T23:04:00.003-05:00

Jeb Bush will “stay neutral” on the Republican candidates, the former Florida governor toldBloomberg News.

Bush criticized the candidates' hash positions on immigration, saying: “That could be an issue in the general election that plays out in a negative way for Republican candidates.”

CNN reported earlier Saturday that Bush would endorse Romney, but the claim was quickly refuted by sources close to Bush.

STATE OF THE UNION WATCH PARTY- Rosie's Wilton Manors, FL

2012-01-21T18:42:00.000-05:00

(State of the Union Watch Party)January 24th 2012
2012 State Of The Union Address Watch Party : In the past, President Obama's State of the Union address has been a plan for the year ahead -- and the priorities outlined in those speeches have led to many of this administration's accomplishments. We're getting together in our neighborhood to watch the 2012 State of the Union Address, celebrate our work so far, and to plan out the next couple of months in our area. We have a lot of work to do, but working together, we can build teams in our community to stand with our President and other Democrats. Now, more than ever, your voice is needed to determine our community's future.

2449 Wilton Dr
Wilton Manors, FL 33305

8pm to 10pm

Directions

RSVP CLICK HERE

Labor Union Releases Ad Tying Romney To Florida Gov. Rick Scott

2012-01-21T06:51:00.000-05:00

The Labor Union AFSCME is jumping into the GOP Florida Primary with an $80,000 buy for an ad that ties Mitt Romney to the not-wildly-popular Florida governor Rick Scott.

The spot’s narrator claims, ““While Romney was a director of the Damon Corporation, the company was defrauding Medicare of millions.”

Here’s how the Washington Post’s Greg Sargent describes the ad and its background:

The basis for the ad is a 2002 Boston Globe article reporting that Romney and Bain made huge profits from the 1993 sale of a medical testing company that earned its revenues partly from a criminal scheme to defraud the Medicare system. Romney served on the board of Damon from 1990-1993 but was never implicated in any way, the Globe reported, adding that the evenual sale of Damon made Romney $473,000 and netted $7.4 million for Bain investors.

The ad uses this material to morph an image of Romney into that of the Florida Governor. “Corporate greed. Medicare fraud. Sound familiar?” the ad says, an allusion to a well known fact among Floridians — that their governor once ran the company at the center of the biggest Medicare fraud case in U.S. history.

Commission Redistricting Project

2012-01-20T23:53:00.000-05:00

If you want to view the new Broward County Commission district maps, click here. You can view the districts as a pdf file, or if you download Google Earth onto your computer, you can open the file in a very detailed aerial view.

Some of the districts changed greatly.

To view the old districts for comparison, click here.

Commission Redistricting Project

Rep. Debbie Wasserman Schultz on Womens Health

2012-01-20T23:30:00.000-05:00

Women’s health was a big focus for me this month and that’s why I’m writing you today.

In an effort to raise awareness about National Cervical Health Awareness Month, I met with medical professionals, cancer advocates and cancer survivors at the Broward County Health Department. Each year more than 12,000 American women are diagnosed with cervical cancer, and a third of them will die from it.

That’s why cutting-edge facilities like the one at the Broward County Health Department are crucial in the effort to increase early detection and treatment. They offer free screening exams for breast and cervical cancers, as well as treatment to women who need it. I am committed to making sure that my constituents have all the information and resources they need to keep themselves healthy. And I will continue to work hard to ensure that Congress does its part in the fight against cancer.Read more

Another movement that’s gaining momentum in South Florida is the effort against human trafficking. Right here in the United States, an estimated 200,000 people, some as young as 13, are being sold into prostitution and pornography. In honor of National Slavery and Trafficking Prevention Month, my office organized a roundtable meeting with Broward County's Human Trafficking Coalition, the Broward Sheriff's Office, the FBI Miami Bureau, local law enforcement and women and children's advocacy groups to talk about how to address this tragic issue. Read more

We’ve come a long way in the last few decades when it comes to women’s rights and we must continue to do our part to protect those rights and encourage the women in our lives to take care of their health.

I am proud to be an advocate for South Florida, and my office is always open to you. You can reach us in Pembroke Pines at954-437-3936, in Aventura at 305-936-5724 and in Washington, DC at 202-225-7931. I’m also available online athttp://wassermanschultz.house.gov and on Facebook. You can download my mobile app for iPhone and Android here. Comcast-on-demand customers can stay up to date with my work for you on channel 890.

Koch-affiliated tea party group promotes ‘National School Choice Week’ rallies

2012-01-18T13:14:00.000-05:00

The Florida chapter of the Koch-affiliated tea party group Americans for Prosperity yesterday called for people to sign up for rallies affiliated with National School Choice Week, which starts next week.

Americans for Prosperity tweeted: “Americans enjoy freedom in the marketplace but not in education. This must change!” It also calls for people to sign up for events at Put Kids First, which bears the slogan “Americans for Prosperity Foundation + National School Choice Week = Restoring American Exceptionalism.”

The Americans for Prosperity Foundation, funded by David and Charles Koch, defines itself as “a nationwide organization of citizen-leaders committed to advancing every individual’s right to economic freedom and opportunity.”

“The second-largest private company in the United States, Koch Industries is also a conglomerate, whose subsidiary businesses operate in some of the world’s most profitable markets,” writes Open Secrets, adding that 83 percent of Koch monetary political contributions have gone “to Republican candidates and committees.”

Americans for Prosperity writes that “reducing the size and intrusiveness of government is the best way to promote individual productivity and prosperity for all Americans.”

Read More...

I know you must be dying to contact Koch Industries to give them your opinion, so here’s how you can do that.

Koch Industries, Inc.
P.O. Box 2256
Wichita, KS 67201-2256
Phone:316-828-5500
Fax:316-828-5739
info@kochind.com

Members of Florida delegation withdraw support for controversial anti-piracy bills

2012-01-18T13:10:00.000-05:00

Florida elected officials who co-sposored congressional legislation to fight online piracy announced today they have withdrawn their support, while Google and Wikipedia joined
many other online companies and organizations in a blackout to stop passage of the legislation