The Fine Print

Will Charlie today help or hurt McCollum's campaign for governor?

(Update: Gov. Charlie Crist on Friday evening announced that he signed HB 131 into law.)

While everyone is waiting to see what Gov. Charlie Crist does with the $70.4 billion budget there is another bill on his desk that could have a big impact on the upcoming elections.

Crist must also act Friday on HB 131, the lengthy elections bill. The bill contains several changes to law, including giving the power of the Secretary of State to order recounts and to make it clear that state election laws always trump local ordinances.

Crist, however, is apparently divided over what to do with the bill because it includes a provision he opposes.

The legislation delays from 2012 until 2016 a requirement that disabled voters have access to voting machines that use paper ballots. Former Secretary of State Kurt Browning testified to lawmakers that Crist did not like the delay but it was pushed by the state's election supervisors who don't want to incur the cost right now of buying new machines.

For candidates like Attorney General Bill McCollum the big provision in the bill, however, is the language that would re-regulate 527s after a federal court struck down the state's previous regulations.

Why? Because without the bill it could become illegal in Florida for campaigns to coordinate with third-party groups that launch attack ads.

This week a group known as Alliance for America's Future is launching ads that go after GOP rival Rick Scott. While McCollum's campaign has not acknowledged its involvement McCollum's own ad man is helping with the organization.

The elections bill would require such groups to register with the state and disclose finances if the groups runs ads 30 days before the primary and 60 days before the general election.

But just as importantly the bill would resolve issues raised last August by Tallahassee attorney Mark Herron, one of which is whether or not 527 groups can coordinate with candidates if the underlying law regulating these organizations is wiped out.

The Division of Elections has yet to issue a formal opinion dealing with Herron's questions. And Browning even said in April that the opinion has been put on hold pending final action by legislators.

Herron's 5-page letter also asked whether any ads run by 527 organizations is considered a contribution to a candidate's campaign if the 527 organization runs an ad that either attacks or supports a candidate in such a way that it is the "functional equivalent of express advocacy," which is a new definition cited recently in federal court decisions.

The upshot is that coordination will likely remain legal - and 527 ads won't count as contributions - if Crist signs HB 131. But if Crist vetoes the bill then 527 organizations - which are not bound by the same $500 limits as candidates - may not be able to do anything in concert with statewide candidates like McCollum or even legislative candidates. That could be a big deal during an election season when there are candidates using large amounts of their own money.

A spokeswoman for McCollum's campaign confirms that the Attorney General supports the bill.

10 things in the state budget you may not know about

Gov. Charlie Crist could act sometime Thursday on the $70.4 billion budget that state lawmakers adopted during their spring session.

Many salient facts about the budget have been reported including that it's bigger than what Crist himself proposed, that it includes money for items only if Congress kicks in extra federal help, and that it contains many projects pushed by the two budget chiefs in the Legislature.

But there's always some interesting odds and ends that haven't gotten much attention. Some of these spending items are perennials and have been in the state budget for years and are unlikely to get vetoed by the governor.

Still it's a testament to what can get wedged into a 444-page document.

1. School funding study - $100,000. The budget sets aside $100,000 to hire an “entity located outside the state of Florida” to study the state’s school funding formula and review it for the “sole purpose of recommending any improvements to the existing formula that would better reflect the varying characteristics of each of the 67 school  districts.” This study – which is due by Jan. 1, 2011 - is also supposed to assess the “equity” of the current school funding formula.This is a big deal for South Florida lawmakers still upset with a 2004 change to the state’s school funding formula that used to steer more money to urban school districts to cover higher living expenses. Legislators especially from Miami-Dade County want someone outside the state to look at whether the revamped formula is fair. This could be the prelude to another big fight next year over school funding.

2. Some college students helped, some college students hurt. There has been publicity surrounding the proposed changes to Bright Futures - the popular merit based scholarship program paid out of Lottery ticket sales. But less noticed was a decision by state lawmakers to actually increase the amount of financial aid set aside for needy college students.

Legislators for example cut by $1 a credit hour the money available for Bright Futures. This cut, however, could even be a bit larger since $25 million is contingent on getting extra money from the federal government to help with Florida's Medicaid bill. The move comes at the same time lawmakers increased tuition by 8 percent and universities are authorized to raise tuition even higher. But lawmakers also helped out Bright Futures students attending community colleges that offer four-year degree programs. 

Funding for two financial aid programs that help students at private schools - including the Florida Resident Access Grant - was cut by 4.1 percent.

But lawmakers did give a slight increase for need-based financial aid provided to both public and private school students. The maximum amount per award would go from $2,069 to $2,235.

Legislators also passed HB 5201 to accompany the state budget. This would make permanent changes to Bright Futures - including making the scholarship amount a flat rate in the budget instead of tying it tuition hikes - and would increase eligibility requirements over the next four years. This same bill also contains language that establishes the doctor of pharmacy program for the University of South Florida at the polytechnic campus in Lakeland. (It would not be all that surprising if Crist vetoes this bill.)

3. Anti-abortion counseling-$2 million. Legislators expect Crist to veto HB 1143, the health care bill that includes the requirement that women get an ultrasound if they are seeking an abortion during the first trimester. They have purposely held the bill back so there is time to mount a campaign to convince Crist to support it. What's lost in the dust-up is that more than a year ago Crist intervened and saved the state's crisis counseling program from getting cut. This program - which was started while Jeb Bush was in office - provides money for pregnancy support centers and advertising for billboards that direct people to a hotline. Lawmakers this year spared it from any cuts. There was a provision added that states 85 percent of the money will be used for "direct client services, website maintenance and Option line."

4. Insurance Commissioner Kevin McCarty's summer homework. McCarty has been a constant target of some lawmakers the last few years especially after he urged Crist to veto last year's property deregulation bill. This year the Office of Insurance Regulation did lose 10 positions in the new budget, but its funding level was close to last year's spending. Lawmakers, however, have demanded that McCarty produce by Sept. 1 a detailed report of all residential property insurance rate filings submitted during the last fiscal year. The report has to include lots of information including the name of the OIR actuary who reviewed the rate filing and the days it took for regulators to act on the filing request. This move comes in the wake of grumbling that McCarty's office opposed some of the insurance proposals floating around this past session even though his office was approving rate hikes.

5. Motorcycle safety awareness-$250,000. This is a reduction in funding from last year, but the budget this year directly orders the Department of Highway Safety and Motor Vehicles to provide this money to just one group: American Bikers Aiming Toward Education of Florida Inc. This is a group that lobbies on behalf of bikers and led the charge to repeal the requirement that bikers 21 or older must wear a helmet. The president of the organization says his group should get the money because it has a motorcycle safety awareness program in place that has helped reduce motorcycle deaths in Florida.

6. Banning assault rifles. The Sun-Sentinel first reported that there was a push to block Chief Financial Officer Alex Sink from using any money to purchase assault rifles for her fraud investigators. This led to a mocking ad from the Republican Party of Florida that prompted Sink to accuse the party of making fun of law-enforcement officers. Just to bring it full circle the final version of the budget included the provision that Sink's office cannot purchase "assault-type weapons."

7. Cancel this lease, we mean it. Last year the Legislature wanted to get a better handle of how land the state owned and how much office space it leased. Lawmakers weren't totally satisfied with the response they got from the state's main landlord - the Department of Management Services. This year's budget goes out of its way to specify how, when and where certain state offices are to be closed due to budget cuts. The budget orders the closing of 10 driver license offices around the state stretching from Fort Walton Beach to Vero Beach. But there's also language that lists the address and locations of other state offices in Key West, Chipley and Tallahassee that are to have their leases ended. Lawmakers also ordered the cancellation of a lease payment for a copier in a Key West office and for postage meters in several locations.

8. Unlicensed activity media campaign - $600,000. This has been in the budget for years, but it gets scant discussion. The state sets aside money to "publicize the dangers" of unlicensed real estate activity and unlicensed accountants. The money to battle unlicensed real estate activity can be used to pay for media production and advertising materials from a non-profit corporation that represents the largest number of licensed real estate professionals. The money to educate the public about unlicensed accountants will be spent in consultation with a company that represents the largest number of licensed CPAs.

9. Florida International University/Department of Health-$32.5 million. This has already gotten some publicity as a project associated with Rep. David Rivera, R-Miami and the powerful budget chief. But what's interesting is that the state plans to borrow money to construct and manage the building.

10. Free orange juice - $240,000. Of course what would a Florida welcome station be like if there wasn't free orange juice available to visitors. The Department of Citrus is authorized to spend this much for "citrus juice" to be handed out at the state's four welcome stations located in Escambia, Hamilton, Nassau and Jackson counties in North Florida.

So what do you have to do to earn nearly $121,000 from the state?

Here's a belated posting of some of the documents that have provided by state agencies in connection to the hiring of George Rekers, one of the two expert witnesses hired by Attorney General Bill McCollum to defend Florida's ban on gay adoptions. Rekers as most people now know has become linked to the words Rentboy after it was revealed he hired a young man associated with the site to accompany him on a trip to Europe.

Download Rekers document

Rekers got paid at a rate of $300 an hour - or twice the rate paid to the other expert used in the trial. He eventually was paid close to $121,000 for his work.

These documents spell out what Rekers did for some of his money and what Walter Schumm did to earn his money from the state.

Rekers said he worked 402.31 hours on behalf of the state.

The first part of his work - which cost $60,900 - is documented here and includes: 30 hours of conducting research on books and journal articles pertinent to the case, 90 hours to "read relevant publications" and evaluate and critique methodological quality and reported findings of newer research, 18 hours to meet with McCollum's staff to prepare for deposition, 20 hours for being present at the actual circuit court trial on the ban (which the state lost).

These documents also show that McCollum's office in Feb. 2009 requested that the Department of Financial Services - which is under Chief Financial Officer Alex Sink - reimburse Rekers a total of nearly $60,000 "absent a written document."  That letter states that McCollum's office "accepts responsibility" for not obtaining a written document but that it is the state's best interest to "settle this claim."

There is a settlement agreement dated February 20, 2009 that notes that there was not a written agreement executed for the rest of the money due "to unforeseen circumstances" and that invoices were rejected because there was no formal contract in place.

It also notes that "this agreement is contingent upon approval of the Chief Financial Officer."

Last week Sink was highly critical of McCollum's decision to hire Rekers when she appeared on a Tampa Bay radio program. She called McCollum a "typical politician" who tried to "lay the blame" on someone else when he was responsible for hiring Rekers.

Sandi Copes, a spokeswoman for McCollum, explained that it was "not unusual" for estimated costs to require adjustment and that the second payment was made because Rekers exceeded his contracted hours and that "extra hours were decided merely by discussion, hence the necessity of the settlement agreement."

Priceless: $80,000 for Greer Force One and $35k for party purge

 

So here's the gift that keeps on giving. When Jim Greer was still chairman of the Republican Party of Florida, Greer and then executive director Delmar Johnson decided that a good way to be "eco-friendly" and save some serious cash was to send out an electronic Christmas card instead of real ones on paper.

But one of the early drafts drawn up the party decided to poke fun at the whole credit card mess and even the contributions of Ponzi fund schemer Scott Rothstein. There's funny little statements about Greer's airplane travels and security detail to "orchestrate the party purge" as well as references to former House Speaker Ray Sansom's American Express expenses as well as Greer's time at the Breakers.

Greer of course was forced to step down from the party earlier this year and is now the subject of a criminal investigation into whether he steered party money to a company he controlled. Greer has insisted he has done nothing wrong and that the party is just trying to get out of paying what the party promised to pay him if he stepped down.

"It was just purely an idea,'' explained Katie Gordon Betta, a spokeswoman for the party about the proposed Christmas card. "We kind of liked the idea of doing a spoof on the credit cards."

Here's the card that the party wound up sending out instead.

McCollum urged hiring of anti-gay activist involved in rentboy.com scandal

Attorney General Bill McCollum personally urged that the state hire George Rekers, the anti-gay psychologist whose recent European trip with a gay male escort has exploded into a furious media frenzy since it was first reported last week.

Rekers was paid more than $120,000 to help with the state’s defense of a more than 30-year old ban on gay adoption.

McCollum said on Monday that he “wouldn’t do it again” had he known more about Rekers, whose trip was first reported by the Miami New Times.

"We’ve been defending the constitutionality of the state law and we’ve been representing the Department of Children and Families, who hired him and paid him and needed expert witnesses and he was available and credentialed,’’ said McCollum."I wouldn’t do it again if I knew what I knew today but I didn't know that then and neither did anybody else.’’

Rekers has said he hired the man to carry his luggage for him on a trip to Europe, but Jo-vanni Roman, also known as Lucien, told CNN last week that he gave Rekers “sexual massages” on the trip. Rekers on his website says he did know about Roman’s ad on rentboy.com until after the trip was in progress and that he was not involved in any “illegal or sexual behavior’’ with him. He has also told The Miami Herald that he is "not gay" and never has been.

DCF was sued after it denied a South Florida gay man the right to adopt two young brothers who lived with him as foster children. The state agency turned to McCollum’s office to defend them in the lawsuit.

McCollum wrote a July 2007 letter to then DCF Secretary Bob Butterworth where he said his legal team “strongly” recommended the hiring of Rekers, a psychologist once on the faculty of the University of South Carolina and who helped found the Family Research Council back in the ‘80s.

“They believe that this expert and his testimony are necessary to ensure a successful result in this case,’’ wrote McCollum in the letter obtained by the Florida Tribune.

Read more here at the Florida Tribune.

Here's a copy of letters between McCollum and Butterworth: Download Rekers letters

Oil spill legal team leader says son's lobbying for BP is 'irrelevant'

One of the leaders of a newly created oil spill legal team for Florida says it is "irrelevant" that his son lobbies for BP America.

Jim Smith and Bob Butterworth, both former attorney generals, were named by Gov. Charlie Crist and Attorney General Bill McCollum on Monday to lead a pro bono legal advisory council. This council will identify law firms and help develop legal strategies in case the state needs to sue BP, the company that operated the Deepwater Horizon oil rig.

Smith's son, however, works for a Tallahassee lobbying firm that last year earned anywhere from $40,000 to $80,000 representing BP before the Legislature.

"The fact that he lobbies for BP is nothing in my equation,'' said Jim Smith. "That's irrelevant."

See more here at the Florida Tribune.

'I think Charlie Crist is going to get what's coming to him."

Gov. Charlie Crist conceded on NBC on Sunday that he has an “uphill battle” to win the U.S. Senate race as an independent.

But Crist may also have an uphill battle over the next few months trying to be governor.

Crist upended the political scene in Florida with his decision to bolt the Republican Party after it became apparent that he could not defeat Marco Rubio in the GOP primary.

But Crist’s brave new world goes beyond just whether or not he can muster enough votes to defeat candidates backed by the two major parties.

There are also lingering questions as to what happens during the final eight months of his administration.

He will find an uncooperative Florida Legislature and not too much sympathy from some of his former Republican allies.

"I think Charlie Crist is going to get what's coming to him,'' said Rep. Carlos Lopez-Cantera, R-Miami.

Read more here at the Florida Tribune.