Here's the problem:
Can Gov. Charlie Crist legally veto the proposed pay cut for state workers making more than $45,000?
When Crist signs the budget into law later today, there are a lot of people who are hoping that the governor will find a way to nix the pay cut for state employees that is expected to save an estimated $30 million.
Sen. Democratic Leader Al Lawson wrote a lengthy letter to Crist earlier this month saying it would add "insult to injury" if the salaries of state workers were cut since they have not gotten an across-the-board raise for the last three years. The state worker's union also wants a veto as does Supreme Court Chief Justice Peggy Quince.
But the entire issue could wind up before Quince. That's because there's no simple way to wipe out the pay hike. It is contained in so-called proviso language at the back of the 408-page budget. It is not attached to any one appropriation. And that's the problem.
Article III, Section 8 of the Florida Constitution states: "The governor....may not veto any qualification or restriction without also vetoing the appropriation to which it relates."
Lawmakers spread the effect of the pay cut - which was a strong priority of House Republicans - all through the budget. If Crist goes ahead and signs the budget, yet uses his line-item veto power to wipe out the proviso there is a very real risk that his fellow Republicans will waste little time in filing a lawsuit to challenge his authority. The Legislature could probably take the case directly to the state Supreme Court.
Would newly minted U.S. Senate candidate Crist want to go to court to protect state workers? Politically speaking this is an issue that will only garner votes in key places such as Leon County - which is traditionally a Democratic stronghold. It won't help Crist in a Republican primary against former House Speaker Marco Rubio.
But beyond that such a court battle could continue to fray the fragile relationship that Crist already has with state lawmakers and set the stage for an ugly lame-duck session in 2010. To some Republicans the only reason they could vote for a $1 a pack cigarette tax hike and a host of other fees was that they also cut government at the same time.
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