Juice: National politics

Florida Legislature's redistricting work shifts to the courts

Thu, 09 Feb 2012 20:52:44 -0500

TALLAHASSEE — Florida lawmakers ended months of debate Thursday by passing new boundaries for congressional and legislative districts -- the first step in a legal shootout that could determine congressional and state government control for the next decade.

Moments after the Senate voted 32-5 to pass the re-drawn political maps, the Florida Democratic Party filed a lawsuit in Leon County Circuit Court, alleging the congressional plan violated the state's constitutional prohibition against drawing lines that intentionally favor political parties or incumbents.

Separately, a coalition of groups that backed the 2010 Fair Districts reforms, including the League of Women Voters, Common Cause, the National Council of La Raza and others, announced they planned to file their own challenge as soon as Gov. Rick Scott signs the maps into law.

Both groups also plan to challenge the maps for new House and Senate seats once they are approved by Attorney General Pam Bondi and sent to the Florida Supreme Court for review.

The coalition's complaint claims the congressional map was "intentionally enhanced" and accuses Republican U.S. Reps. Dan Webster of Winter Garden and Mario Diaz-Balart of Miami of taking "affirmative steps to influence members of the legislature and its staff to 'improve' the composition of their new districts to make them more favorable."

It also castigates lawmakers for "packing artificially high numbers of minorities into certain districts" – singling out the Jacksonville-to-Orlando district of Democratic U.S. Rep. Corrine Brown – to "diminish the influence" of minorities in surrounding districts by rendering them more white and more likely to vote Republican.

The Democratic Party lawsuit doesn't get quite as specific, but alleges the same basic gerrymandering took place.

"The Senate passed maps that fail to meet the plain meaning of Fair Districts," said Democratic Party Chairman Rod Smith. Review the new maps for yourself on our interactive redistricting site.

Here's the Fair Districts petition: State_Law_Complaint_Congressional_Map And here's the FDP petition: Draft_Complaint_Challenging_Congressional_Plan

Senate will take another stab at prison privatization next week

Thu, 09 Feb 2012 19:28:38 -0500

TALLAHASSEE -- After delaying a vote on prison privatization for more than a week because of a split vote, Senate President Mike Haridopolos said the Senate would take up the measure next week.

Haridopolos and budget chairman JD Alexander, R-Lake Wales, have been pushing a plan for two years to privatize more than two dozen correctional facilities in an 18-county region of South Florida. The Legislature approved a similar plan in its budget last year, but a court struck it down, saying that the plan could not be included in the budget and must be passed through a separate piece of legislation.

Alexander revamped the measure in accordance with the court ruling, but when it initially came before the entire Senate, it quickly became apparent that resistance was rising. Haridopolos said earlier this week that the vote was "20-20."

Haridopolos said they are taking the bill up because they are focused on finding savings in the budget, which they believe can be achieved through privatization, and Alexander has to begin putting the final touches on the budget. The House passed its budget out today, but tabled its discussion on prison privatization when problems arose in the Senate.

On Monday, it will go through the amendment process, and then come to a full vote on Tuesday, Haridopolos said.

"The goal would be pretty simple. If we can't find the savings here, we're obviously going to have to lean on Sen. Alexander and the other budget chairs to find those savings necessary to keep that budget balanced," he said.

Haridopolos was coy though when asked if that meant he had the votes to pass the bill.

"We'll see," he said.

Senate approves maps; lawsuit ready to be filed

Thu, 09 Feb 2012 16:58:12 -0500

TALLAHASSEE -- After months of debate, the Senate signed off on new political maps that lay out the boundaries for congressional and legislative districts for the next 10 years. But a lawsuit challenging the congressional map is already set to be filed.

The League of Women Voters, Common Cause and several other groups are filing a lawsuit in Leon County accusing lawmakers of violating constitutional standards for drawing the maps so they don't favor political parties and incumbents, and specifically accuses Reps. Dan Webster and Mario Diaz-Balart of taking “affirmative steps to influence members of the legislature.”

The congressional maps passed by as 32-5 vote.

Sen. Don Gaetz, R-Niceville, introduced the maps though, saying that they were drawn without any intention of trying to protect Republican incumbents.

“We have no lists of incumbents or challengers home addresses and we’re not interested in them,” he said.

Senate minority leader Nan Rich, D-Weston, said it was very difficult to believe that the maps weren’t drawn to benefit a political party and accused Republicans, who control the chamber of reducing minority voting power.

“Avoiding retrogression is not an excuse to continue placing minority voters in a minimal number of districts,” she said.

The legislative district maps passed a few minutes after the congressional district map by a 31-7 vote.

Gunzburger endorses Frankel for Congress

Thu, 09 Feb 2012 16:12:09 -0500

Broward County Commissioner Sue Gunzburger endorsed Lois Frankel’s bid for Congress on Thursday, adding a Broward voice to her backers from Palm Beach County and other parts.

Sue Gunzburger

“A year ago (Frankel) had the courage to step up and take on Tea Party Congressman Allen West,” Gunzburger said. “But that’s not a surprise, since she has always taken on the tough fights.”

West, a Republican from Plantation, decided not to run again in his current district -- the 22nd , straddling Broward and Palm Beach Counties -- in but in a more GOP-friendly new district farther north.

Gunzburger told the Sun Sentinel last year that while she strongly opposed West’s policies, she found that she liked him quite a lot.

"We got along famously,'' she recalled after a trip to Washington."He’s friendly. He’s smart. ... He's charming. He has charisma. And he's bright, so bright!''

Another Broward commissioner, Democrat Kristin Jacobs, has entered the race for the 22nd district. And Republican Adam Hasner of Delray Beach jumped in after West turned to a new district.

Frankel, former mayor of West Palm Beach, has racked up endorsements from prominent Democrats, especially women and women’s groups, including Betty Castor, Alex Sink, Nan Rich, Emily’s List, the Women’s Campaign Fund, the National Organization for Women, the National Women’s Political Caucus and Feminist Majority.

House passes $69.2 billion budget that helps charters, companies

Thu, 09 Feb 2012 13:09:34 -0500

TALLAHASSEE – The Florida House passed a $69.2 billion spending plan Thursday that boosts funding for classrooms, but also cuts payments to hospitals, steers school construction dollars to charters, and relies on higher tuition rates for college students.

With a month left in the lawmaking session, the House budget that passed largely along party lines remains out of sync with the Senate’s spending priorities on a few major issues – such as health-care and environmental spending.

It also holds a host of minor differences, from when to cut off foster-children from state assistance, whether to shutter a North Florida prison, or to allow the University of South Florida-Polytechnic in Lakeland to become a stand-alone university now.

The House would boost funding for classrooms by $1.1 billion, while the Senate plans to go further in increase funding by 1.2 billion – a year after imposing a $1.35 billion cut to per-pupil funding. It banks on a 15-percent tuition hike on university students, which GOP lawmakers called a product of the economic-hand they were dealt.

“We’re leading by our principles, our fiscally conservative principles,” said House Majority Leader Carlos Lopez-Cantera, R-Miami.

The House includes $35 million for Everglades restoration. The Senate doesn’t, and neither chamber went along with Scott’s request to include $15 million for the state’s land-conservation program, Florida Forever. The House added $10 million this week to keep a Jefferson County prison open, while the Senate sprung an amendment that breaks USF-Polytechnic off from the Tampa home campus this year – a pet project of Senate Budget Chairman J.D. Alexander, R-Lake Wales.

Both GOP-led chambers agree on some things: like giving Gov. Rick Scott more authority to unilaterally dole out millions of economic development dollars to corporations.

House Republican budget-writers called their spending priorities the best use of scant tax-dollars, while minority-party Democrats complained it punished the poor while privileging corporations and conservative social causes.

“Florida may be a great place to visit, but if you’re in the middle class it stinks to live here right now,” said Rep. Mark Pafford, D-West Palm Beach.

Are you playing your music too loud? The Supreme Court will decide

Thu, 09 Feb 2012 11:47:58 -0500

Tallahassee -- Could a cop pull you over for playing Jay Z? How about Yo Yo Ma?

That's the issue the Florida Supreme Court took up Thursday in a case argued by a Pinellas County lawyer who got pulled over in 2007 for playing a Justin Timberlake song too loudly.

State law says noise that is produced from within a vehicle that is "plainly audible" at a distance of 25 feet or more is prohibited and subject to a fine. But in an added wrinkle, the law has an exemption that allows businesses such as an ice cream truck to play their songs, or for vehicles used at political rallies to blast political speech.

Richard Catalano, the lawyer who got pulled over in 2007, immediately filed a lawsuit and won, but the state appealed to the Supreme Court.

Catalano, who represented himself, said he had no idea why he was being pulled over at the time and was surprised when the police officer said it was for playing music too loudly.

"I said, 'you've got to be kidding me,'" he said.

Timothy Osterhaus, a lawyer for the state, said the Legislature clearly passed the law in an attempt to protect drivers. It was about being able to hear emergency vehicles and other surrounding noises.

A radio blasting music right at the driver was more likely to be distracting than from an outside speakers on a boombox.

"It seems clear [lawmakers] are getting at what's inside the car and the ability of the driver to operate the motor vehicle safely," said Osterhaus.

The court listened to the case for about 45 minutes and will now make a decision on the state law, which could potentially impact similar local ordinances across the state.

Thursday Morning Reads: Budget details, medical malpractice and term limits

Thu, 09 Feb 2012 06:45:00 -0500

TALLAHASSEE -- Good morning and welcome to the Thursday edition of the morning reads.

The House is into the second day of budget debate and will likely vote on its budget this afternoon. The Senate will also meet for a final vote on the redistricting maps.

So, while you prepare for the day, take a look at the top five stories you should be reading this morning.

* The Orlando Sentinel reports that the House is forwarding a budget amendment that is directed specifically at Seminole County Schools. From the story: The Florida House is advancing an education budget with a warning shot to school districts and specifically to Seminole County schools: try to raise taxes, and we'll cut your salaries and ability to close schools. The House education funding bill, HB 5101, was amended Wednesday on the floor to explicitly prohibit school districts that have tried and failed to raise a half-cent sales tax from closing schools, cutting teacher pay, or eliminating art, athletics, music, or magnet programs.

* The Palm Beach Post reports that a Jefferson County prison slated for closure may be saved by the House budget. From the story: After hearing pleas from residents and workers and getting some last-minute lobbying from the widow of a former Florida Republican chairman, the House added $10.2 million to its budget Wednesday to spare a North Florida prison targeted for shutdown.

* A political group is pushing for term limits for Miami-Dade commissioners, the Miami Herald reports. From the story: Miami Voice, a political action committee, plans to file language on Thursday for a Miami-Dade charter amendment to impose term limits on county commissioners.

*The Herald-Tribune reports that both chambers are looking at hospital, nursing home cuts. From the story: ov. Rick Scott’s controversial plan to overhaul the way Florida hospitals are compensated to treat the state’s poorest and sickest residents — and could have cost the facilities some $1.7 billion next year — has failed to win backing from state lawmakers. But hospitals can still expect significant state cuts for their Medicaid care in the new budget year, with the House backing a plan to slash rates by 7 percent and the Senate unveiling a measure on Wednesday that could result in a 10 percent reduction.

* The News Service of Florida reports that a major med-mal case is set to be heard by the Supreme Court Thursday. From the story: Suffering from a serious condition known as preeclampsia, 20-year-old Michelle McCall went to a Fort Walton Beach hospital in February 2006 to give birth to a son. Within days, McCall died from complications related to severe bleeding. And now, six years later, the Panhandle woman is at the center of a potentially landmark legal fight about Florida's medical-malpractice system.

Bonus Blogs
* Florida jails update shackling policies for pregnant women
* Sheriff Lamberti on Facebook: "Thinking about retirement"

Haridopolos says House 'led some folks on' with destination resorts

Wed, 08 Feb 2012 17:51:44 -0500

TALLAHASSEE -- Senate President Mike Haridopolos said Wednesday that it was the House's "choice" to kill a destination casino resort bill, but that they had "led some folks on."

"Given all the signals they were sending, what committees they sent it to, it’s pretty obvious they led some folks on and they weren’t really going to vote on it,"Haridopolos said.

He added:" What we said all along is we wanted to give it a vote up or down."

The two chambers are continuing to grapple with the issue of Internet cafes though. The Senate has signaled it prefers to regulate Internet cafes, while the House is forwarding a bill that would outlaw them.

The Senate's version could jeopardize the roughly $233 million per year that the Seminole Tribe gives the state though.

The Tribe's lawyers wrote an opinion that said the regulation of Internet cafe could potentially jeopardize the compact by offering games in areas where the tribe has a monopoly. In order for the state to have a compact with the tribe, the state must give the tribe exclusive rights to certain games.

Haridopolos said the Senate's lawyers were reviewing the opinion, but said that the majority of senators preferred the regulation route over the House proposal to totally eliminate them.

House Speaker Dean Cannon said he was not aware of any "imminent threat" to the compact, but noted that Gov. Rick Scott and other members of the Cabinet had stated their concern over the cafes and wanted them closed down.

"I’m not aware of any imminent jeopardy to the gaming compact money, but any time the governor and 100 percent of the cabinet expresses concern about an issue then it’s going to get due consideration," he said.

Cannon said he had no "opposition or favoritism" toward a bill by Rep. Scott Plakon, R-Longwood, that would ban the cafes, but that he would not oppose bringing it up for a floor vote.

"It seems to be trucking along nicely and headed that way," Cannon said.

House joining federal health-care litigation?

Wed, 08 Feb 2012 16:35:45 -0500

TALLAHASSEE -- In case they needed any more lawyers in the fight, House Republicans voted Wednesday to give their presiding officer explicit authority to join in the legal challenge to the federal health-care act now pending with the U.S. Supreme Court.

House Democratic Leader-designate Perry Thurston, D-Plantation, had offered an amendment prohibiting the Legislature from spending more money on a federal lawsuit challenging the Fair Districts reforms. The chamber has been fighting the amendment in federal court for the last year.

But House Majority Leader Carlos Lopez-Cantera, R-Miami, offered a replacement amendment deleting Thurston's language and adding language specifically authorizing House Speaker Dean Cannon to use taxpayer dollars "as necessary to challenge the constitutionality of the federal Patient Protection and Affordable Care Act."

Florida was already one of the first states to sue to block the law, and the case is slated to be heard by the U.S. Supreme Court later this year.

Lopez-Cantera said it was important to allow the Legislature the discretion to join in because the case "could decide the future of the nation." It passed on a party-line vote.

The amendment was mainly political theater, since the House speaker already has the power to join in any lawsuit the chamber wants to bring.

House avoids closing one prison

Wed, 08 Feb 2012 15:49:37 -0500

TALLAHASSEE -- After listening to Jefferson County leaders plead not to close one of their single-largest employers -- a state prison -- House Budget Chair Denise Grimsley offered an amendment on the floor Wednesday to keep the facility open.

"I'll be the first to tell you government is not in the business of creating jobs," Grimsley said. "But government is also not in the business of devastating communities."

One by one, House Republicans who voted in committee against an amendment restoring the cuts last week, stood up to speak in favor of defending the rural community near Tallahassee.

The amendment re-directs $10.2 million to keep the prison open, but still banks the savings from six other prison closures.

Bondi, lawmakers push human trafficking legislation

Wed, 08 Feb 2012 13:48:48 -0500

TALLAHASSEE -- Attorney General Pam Bondi said Wednesday that the state needs to step up and shut down human trafficking in the state.

"This is about a $32 billion business that we want to put out of business," she said.

Bondi, accompanied by Sen. Anitere Flores, R-Miami, and Rep. William Snyder, R-Stuart, held a press conference pushing for the passage of legislation by Flores and Snyder.

The measure would increase penalties for trafficking, authorize wire tapping in human trafficking investigations and designate convicted sex traffickers as sex offenders. It also gives jurisdiction of human trafficking to the statewide prosecutor and the statewide grand jury.

Bondi said law enforcement have detailed to her numerous problems in their efforts to prosecute sex traffickers and rescue children pushed into servitude. However, she did not provide any specific numbers at the press conference.

Lawmakers said the issue is something must be addressed though.

"What we're all here to tell you today is that this is happening in our backyard," Flores said.

Flores' bill passed the Senate Judiciary Committee unanimously, but still needs to go before the entire Budget Committee before heading to the full Senate. In the House, Snyder's version of the bill has been assigned to the House Appropriations Committee, but has not yet had a hearing.

Faith group urges Legislature to pass private prison legislation

Wed, 08 Feb 2012 13:15:00 -0500

TALLAHASSEE -- The faith community appears to be delving into the prison privatization debate.

Claudio Perez, president and CEO of South Florida Jail Ministries, Wednesday, delivered a letter to Gov. Rick Scott, Senate President Mike Haridopolos and House Speaker Dean Cannon advocating that the state move ahead with a plan to privatize correctional facilities in an 18-county region in South Florida.

The bill has gotten tied up in the Senate, which Haridopolos has said is split down the middle. He cut off debate on the issue last week instead of taking it to a vote as originally planned. He has said he is not sure when or if he will take it up again.

The House also pulled it from its Appropriations Committee agenda when it appeared that the Senate's version of the bill was in trouble.

Perez said that his group feels that it can work with private prisons more effectively because those companies have more of an incentive than the state Department of Corrections to save money and reduce recidivism.

"The Department of Corrections doesn’t need to perform any specific numbers or save any specific amount of money.," he said. "When you privatize, they have to perform because they are under competition. It allows companies like us, faith based to have the resources of the faith community, bring them in so all the programs could be focused and integrated so it is the outcomes that matter of the inmate, not necessarily cost savings."

Perez said he has already had conversations with some of the prison groups about his company providing some services should the bill pass, though he did not specify which company.

Several major corrections companies, including Florida-based Geo Group, are likely contenders for the potential prison contract.

Senate says you can ride a bike with no hands

Wed, 08 Feb 2012 12:21:42 -0500

Want to ride a bicycle with no hands?

The Florida Senate says you can do that now.

The Senate Wednesday passed legislation that would remove a requirement that bicyclists keep at least one hand on the handlebars while riding. The measure, sponsored by Sen. Ellyn Bogdanoff, R-Fort Lauderdale, had no debate and sailed through the chamber with a 37-1 vote.

Fines varied by county, but ranged from $56.50 and $82.50, according to legislative analysis.

Sen. Larcenia Bullard, D-Miami, was the lone dissenting vote. Bullard is sponsoring separate legislation to enhance bicycle safety by revising safety standards for helmets.

The bill is likely dead in the House though, where it has received no hearings.

Murphy takes fight against Allen West to new district

Wed, 08 Feb 2012 11:52:46 -0500

Rather than tussle with fellow Democrat Lois Frankel, Patrick Murphy announced on Wednesday he will challenge Republican Allen West in a new proposed congressional district anchored in north Palm Beach County.

Patrick Murphy

That means Murphy will wage his well-financed campaign against West in the newly drawn 18th district, avoiding a Democratic primary confrontation with Frankel, who has drawn money and support from the party establishment.

"Allen West abandoned his constituents to find supposedly safer political ground. Today, our campaign is putting Mr. West on notice: There is no safe district he can run to," Murphy said.

Murphy and Frankel had both faced off against Congressman West in Florida’s 22nd district, which runs along the coast of Broward and Palm Beach counties. But the Legislature is redrawing the district in a way that includes more Democratic voters.

West decided to run instead in the new 18th district farther north, which has more Republican voters.

Murphy in effect is following West to that new district. Murphy, a Fort Lauderdale businessman, and West, a resident of Plantation, both live well outside the new district.

Defeating West was a big part of his reason to run, Murphy said.

“Allen West and the tea party represent an enormous threat to the middle class, seniors, the environment, and America's economic recovery,” Murphy said. “There is simply no one more divisive in Congress, and it’s imperative we make sure he is not re-elected."

Murphy said he had consulted with local and national Democratic leaders.

“I am thrilled he is going to continue to take this fight to Allen West and confident he will defeat him in November," said Congresswoman Debbie Wasserman Schultz of Weston, chairwoman of the Democratic National Committee.

Broward County Commissioner Kristin Jacobs, a Democrat, has also entered the race for the 22nd district.

Santorum wins vindicate Florida supporters

Wed, 08 Feb 2012 10:47:36 -0500

Hold on, the race for the Republican nomination ain’t over yet.

Rick Santorum

Rick Santorum’s victories in Minnesota, Missouri and Colorado on Tuesday vindicated his supporters in Florida who told anyone willing to listen that their candidate should not be discounted in the on-going campaign.

Many conservatives in Florida expressed their disdain for front-runner Mitt Romney, and some refused to coalesce around Newt Gingrich. That leaves Santorum as an alternative.

At the least, Santorum’s string of victories on Tuesday slowed Romney’s momentum and highlighted his struggles to unite Republicans behind him.

A sample of Santorum supporters in Florida said that they would vote for the nominee but not with much enthusiasm. That could affect voter turnout in the general election.

Florida remains Romney country largely because of backing from Cuban-American and Puerto Rican Republicans as well as moderate GOP voters. It helped that he flooded the airwaves for weeks with campaign ads.

In other states, conservatives who remain wary of Romney play a more prominent role, and his defeats on Tuesday signal divisions within the party.