The Fine Print

Could any of these bills get vetoed by Gov. Rick Scott?

Gov. Rick Scott on Wednesday will sign several bills that consist of the "jobs agenda" that he outlined last fall.

And that's when it will start to get interesting.

There have been few surprises so far since the 2012 session ended. Scott signed the "inspirational messages" bill and this latest batch of legislation includes an overhaul of the unemployment compensation system and tax breaks, including another small cut of the state's corporate income tax.

But in the next few weeks Scott will sort out the remaining bills from this year and figure out whether or not he plans to go along with many of the ideas that his GOP colleagues in the Legislature acted on.

Not counting his budget vetoes, Scott last year vetoed 10 bills sent to him by state lawmakers, which is actually on par, or even a little bit below other governors in recent years.

Gov. Charlie Crist - who was at war with lawmakers during his independent bid for U.S. Senate in 2010 - vetoed 17 bills his final year in office (several of which were later overridden) and 18 bills in 2007. Back in 2005 then Gov. Jeb Bush a.k.a. "Veto Corleone" nixed some 36 bills sent to him by the Legislature.

It was Bush who told Scott in an email before he became governor that it was okay to veto "stupid bills."

Here then are some bills to watch Scott on in the next few days and weeks:

HB 5301: Back when Scott was campaigning against Bill McCollum in the GOP primary in 2010 he actually came out against what he called mandates being imposed on local governments. Scott told a group of business leaders in Panama City that he did not support strict limits on spending and taxes for local governments, saying at the time "I believe that what Tallahassee should be doing is dealing with Tallahassee issues." 

But sitting on his desk is a budget conforming bill that contains a contentious provision that withholds money from counties in an effort to collect $325 million in contested past-due Medicaid billings. County governments have argued this is yet another mandate, an argument that should have some resonance with Scott.

This legislation, however, includes several other changes, including a limit on how many times Medicaid will pay for hospital emergency room visits for non-pregnant adults and a provision that would allow the children of state employees to be enrolled in the state's subsidized KidCare program. Scott must act on this bill this week but there are signs that he will let it become law because it is tied to the state budget. (UPDATE: Scott signed the bill, although in a letter the governor tried to assuage counties that the state would "work diligently" to make sure that all the billings are valid and accurate. Counties, meanwhile, sharply criticized the decision as a "body blow" to taxpayers.)

HB 7129: This is the tuition bill for the University of Florida and Florida State University. If it becomes law the legislation would allow these two research universities to raise tuition annually above the existing 15 percent cap that now exists in state law. The logic behind the bill - which was a top priority for House Speaker Dean Cannon - is to give UF and FSU the financial resources to make themselves more nationally competitive. But the bill also clashes with Scott's oft-repeated line that tuition should not go up this year and that universities ought to give him more examples of spending existing money wisely before hiking tuition. (UPDATE: Scott vetoed this legislation saying it would increase the debt burden of students.

SB 1994: The Florida Polytechnic University bill. This is the legislation pushed by Sen. J.D. Alexander that would officially divorce the Lakeland branch campus of the University of South Florida and turn into the state's 12th public university. Scott so far has refused to take a stance on the creation of a new school, but has expressed skepticism about it. The problem for Scott, however, is if vetoes the bill then he wipes out $16 million in funding, including $6 million for the USF College of Pharmacy and $10 million to allow current USF Polytechnic students to complete their degrees at USF. (UPDATE: In a bit of surprise, Scott signed this legislation into law.)

HB 7117: This is an energy bill that was championed by Agriculture Commissioner Adam Putnam. But the legislation - which includes $16 million in renewable energy tax credits - has come under fire by several different groups, including conservative organizations as well as the Florida Renewable Energy Producers Association. Scott during his first two years in office has continued to be skeptical about energy issues, although his main objection has centered around proposals that would raise utility bills in order to pay for renewable energy. (UPDATE: Scott signed this law although he expressed concerned about some of the provisions.)

HB 5011: State Information Technology. For most people outside of Tallahassee, this bill means little. But it's a big deal for the lobbyists and others who make a living off the millions spent by the state on technology. This bill blows up an existing state agency - the Agency for Enterprise Information Technology - and creates a new agency called the Agency for State Technology which reports to the governor and Cabinet. For those who aren't keeping count this would be the third reconfiguration of how the state handles technology issues in the last decade. The legislation also halts and repeals an already begun process to consolidate the state's email service. Rep. Denise Grimsley, the House budget chief, defended the move to get rid of the email consolidation, contending it would wind up costing the state more than anticipated. But it's worth pointing out that Scott himself early on wondered aloud why state government had multiple email accounts as opposed to the way that most businesses handle it. (UPDATE: Scott vetoed the bill.)

HB 945: Broadband Internet Service. This is another bill that not a lot of people kept an eye on. It transfers a federal stimulus-backed program from one state agency to another. But the legislation was pushed into law at the urging of lobbyists who work for a vendor that held a state contract that was not renewed. The Associated Press already reported that the legislative proposal was so closely aligned with the lobbying firm of former Republican Party of Florida chairman Al Cardenas that the Senate bill sponsor referred questions about the bill to a lobbyist working for Cardenas. That same AP story pointed out that the state agency now in control of the program has warned internally that the transfer will require federal approval and could put millions in federal grants in jeopardy. (UPDATE: This bill was signed by the governor.)

HB 937: Legal notices. Just consider this one a bit of a hunch. Scott of course famously shunned newspaper editorial boards during his 2010 campaign for governor. But since that time he has actually taken a keen interest in the news industry, including recent business moves in Florida such as the decision by Halifax Media to acquire papers owned by the New York Times Company. This legislation is aimed at ending a few years of battle over the future of legal notices. The bill requires the online listing of legal notices for no extra charge, but also keeps them in printed newspapers. In previous years legislators had tried to end the use of printed legal notices completely. The final product is supported by the Florida Press Association so it will be interesting to see how the governor responds.

Some things to take away from Florida primary (other than who won)

Well if everything goes according to plan Mitt Romney will leave Florida's Jan. 31 primary with a convincing victory that could likely give him the GOP nomination for president.

But there are other things to mull over once Romney leaves and the Tuesday night speeches are finalized.

Turnout/enthusiasm. You could see the hand-writing on the wall for the 2010 elections when you look at what happened in the primary elections. Nearly 1.3 million Republicans voted in the bitter primary for governor between Bill McCollum and Rick Scott. By contrast slightly more than 917,000 Democrats voted in Democratic primary for U.S. Senate.

At the time Democratic operatives pooh-poohed the difference, contending it would all change for the fall elections and that the Democratic voter registration edge would prove the difference in the general election. Democrats of course got trounced, losing the governor's mansion, seats in Congress and spots on the Cabinet.

It doesn't matter that Alex Sink got 2.55 million votes. She still wound up losing to Scott despite Scott's background (think Columbia/HCA and the record fine for Medicare fraud after he was forced to leave the company.) Republicans did a better job of getting their voters out to the polls.

As of Monday, more than 623,000 Republicans had voted early or absentee in the primary.

Four years ago more than 1.94 million Republicans voted in a wide-open presidential primary held at roughly the same time.

There will be some attempt to say these numbers are skewed and point out that Amendment 1 (a measure to cut property taxes) was on the ballot during the same election.

But if Republicans dramatically fall short of the 1.94 million - or surpass that total - it could yield some clues about the overall intensity of the GOP base heading into the fall elections.

Yes, I realize that Republican voters will be fired up to cast a vote against President Barack Obama in November, but I have to think the Obama campaign will be look deeply into these turnout numbers to gauge how rough it may be to win Florida in November. Additionally, you can expect both parties to spin these numbers as well.

How did Romney fare in particular counties?

Some colleagues in the press have already ticked off some of the counties they are paying attention to, such as Pinellas or Miami-Dade or Duval.

Miami-Dade remains one of the most pivotal because Romney fared so badly there during the 2008 presidential primary. Miami-Dade has nearly 265,000 Hispanic Republicans - or more than half of the state's total. More than 70 percent of GOP voters in that county identify themselves as Hispanic. A big win there will prove that Romney's position on immigration did not hurt him there and may not be the wedge issue that Democrats keep hoping it will be (at least here in Florida.)

Other counties that will be worth looking at are those in Southwest Florida.

Romney won Collier and Lee counties back in January 2008, but one can argue that was before the full impact of the meltdown of the housing market left its mark there. If Romney falters in these two safe GOP counties, it could be interpreted that some of the attacks on him (and which will likely be copied by the Obama campaign) worked.

Early voting/absentee ballots

On a lesser note, it will be interesting to see how many Republicans voted absentee and voted early versus showing up on primary day given the aversion that some GOP legislators have to early voting.

If primary day voting is slow, you can expect an uptick in complaints about early voting. Some legislators such as Sen. Ellyn Bogdanoff have long complained that early voting hurts the process, especially what she calls "grassroots" candidates who do not have the resources to match a more-established, well-funded candidate.

Does Rick Scott has a stimulus problem?

Here's what Gov. Rick Scott said last summer when it comes to the federal stimulus:

"It's not free money,'' Scott told reporters during a campaign bus trip across North Florida.

Scott, who was then a candidate running against Attorney General Bill McCollum, also said at that time that he would not have balanced the state budget with any money from the controversial federal stimulus package.

"I would have figured out how to balance the budget without it," Scott said. "We have to live within our means, governments have to live within their means. There’s a day of reckoning."

Scott also said then that "stimulus spending didn't help us."

Let's flash forward to now. Scott last week signed a sweeping executive order that froze new rules - and suspended for up to 90 days any contract that is worth more than $1 million.

None of the contracts can go forward until the newly created Office of Fiscal Accountability and Regulatory Reform reviews them. Some of the contracts - including a $450 million sole source contract with Bank of America - have been approved. The Scott administration has also let loose nearly $90 million worth of road-building projects.

But some of the road projects - and just as importantly - some of the pending contracts were funded with federal stimulus dollars.

Example: Scott has held up nearly $117 million worth of contracts that would take stimulus money and give it local groups around the state in order to do weatherization grants for low-income families. This is stimulus money that is intended to be used to help people lower their utility bills while also helping create jobs. The contracts now held up would go to organizations stretching across the state from Miami-Dade County to Orange County to Northeast Florida to Bay County. This program came under a little bit of scrutiny as some wondered why stimulus money was going to help people lower air-conditioning bills instead of helping their homes withstand winter weather. But information provided to Scott's office contends that the weatherization grants have created or saved 800 jobs as of the final quarter of 2010.

When asked about Scott's past comments regarding the stimulus, Brian Burgess, a spokesman for the governor said in an e-mail that this does not mean that the governor would halt the pending contracts. He said that the governor "thought it was wrong to use federal stimulus dollars (i.e. one time cash grants) to balance the state budget."

UPDATE: The Scott administration on early Friday evening announced it had approved a whole long list of contracts, including the contracts for weatherization grants that were funded with federal stimulus dollars.

 

 

 

Federal judge won't let Gov. Scott off the hook

Put this down in the "whatever happened to?" department.

A federal judge has refused to end a lawsuit that then-candidate Rick Scott used to block a key part of Florida’s public campaign finance system.

Scott last summer won a preliminary injunction from a federal appeals court that said the state could not give GOP rival Bill McCollum a dollar-for-dollar match of taxpayer money if Scott spent more than $24.9 million on his campaign.

The ruling was a blow to McCollum’s campaign who could not compete with Scott’s financial edge. Scott won the primary and then went on to spend roughly $73 million to win the governor’s race.

After Scott won the primary, his lawyers and lawyers for the Department of State asked a Tallahassee federal judge for a permanent injunction against the matching money provision.

But U.S. Judge Robert Hinkle in December shot down the request and instead put a hold on the lawsuit while the U.S. Supreme Court decides campaign finance cases from other states.

Hinkle noted that then interim Secretary of State Dawn Roberts had changed her position to fit the viewpoint of Scott.

“There is every reason to believe her change of heart was prompted solely by a good faith analysis of the evolving law in this area,” wrote Hinkle, noting the appeals court injunction. “But it is also true Ms. Roberts’ new position accords with that of the plaintiff – her soon to be new boss. The circumstances raise an issue, at least, over whether the court should act at all, and whether, if the court is going to act, the state’s interest in defending the statute should have independent representation.”

Republicans wanted to end the state’s public finance system entirely, but the amendment that would have removed it from the Florida Constitution was defeated by voters. 

Taxpayers wound up spending more than $5.82 million on campaigns in 2010.That amount could have been higher but the combination of the ruling in the Scott case - as well as Alex Sink's decision to decline any public money kept down the overall total.

Rick Scott's long list of challenges

A beaming Governor-elect Rick Scott and his wife, Ann, showed up at the governor’s mansion on Monday night where they joined Gov. Charlie Crist and First Lady Carole Crist for a symbolic menorah lighting ceremony.

Scott helped 11-year-old Mendy Oirechman light the candles of a large menorah that was placed up against one of the front windows and he later held hands with Crist as they briefly danced with some of the rabbis in attendance.

The ceremony, which was started under former Gov. Jeb Bush, was a tangible sign of some of the many social responsibilities that come with being governor. But it also could be seen as a prelude of many of the large and small challenges that will confront Scott once he is sworn into office in early January.

During the half-hour ceremony, he was reminded of Florida’s insurance problems when he was asked whether he planned to follow Crist’s footsteps. Crist went to Jerusalem and placed a prayer in the Wailing Wall where he asked God to spare Florida from hurricanes.  Rabbi Schneur Z. Oirechman politely asked whether or not the mezuzah that now sits on the door jamb into Crist’s office would remain once Scott becomes governor. Crist back in 2007 took some heat from groups such as the ACLU for placing the religious symbol in his office.

But there are many other large challenges that are looming for the rookie governor whether it's the state budget mess, the dismal economy, Medicaid and even the brewing leadership battle for the Republican Party of Florida.

The complete rundown on Scott's challenges can be found here at the Florida Tribune.

Which lame duck will break on through for Gov. Charlie Crist?

Gov. Charlie Crist this week said he would go ahead and push to issue a posthumous pardon to the late Jim Morrison. That decision brought national and international exposure to Crist in the waning days of his governorship, and for now, his political career.

Crist has already started the wheels in motion and late Wednesday the governor's office requested that the Florida Parole Commission officially launch an investigation into whether the dead rock singer deserves a pardon from his 40-year-old conviction for indecent exposure.

As noted here in today's N.Y. Times, Miami-Dade County State Attorney Katherine Fernandez Rundle does not plan to contest the pardon. “While I can never condone Morrison’s actions of exposing himself to an audience I will not waste my lawyers’ time in an effort to fight an attempted pardon,'' she said in a statement.

But former Gov. Claude Kirk - who was in charge of the state when Morrison's antics made headlines - questioned the need for a pardon, saying that the state didn't do anything to him and that "Morrison died in the condition he elected to die."

Crist, however, can't give a pardon out by himself. He needs the votes of at least two other members on the Cabinet, which will meet as the clemency board on Dec. 9. Of course, like Crist, all three members of the Cabinet are leaving office in January.

Agriculture Commissioner Charles Bronson has already said that he is open to a pardon. But there's no guarantee that either Chief Financial Officer Alex Sink - who last year said she didn't know who Jim Morrison is - or Attorney General Bill McCollum would go along.

When asked about this week, McCollum made it clear that while he was "open" to reviewing the case that doesn't mean he will go along with a pardon.

"I want to see the case again kind of refreshed before I make any determination," said McCollum. "I'm going to have to review it."

Kevin Cate, a spokesman for Sink, said the CFO was also reserving final judgment until she saw the results of the Parole Commission's investigation.

"CFO Sink is open to a pardon of Jim Morrison and will make her decision after evaluating the report from the Parole Commission,'' Cate said.

 

 

 

 

Break on through for Mr. Mojo Risin? Not so fast.

After several years of refusing to give a definitive yes or no about a posthumous pardon for Jim Morrison, Gov. Charlie Crist this week said "why not?" when discussing the matter with members of the press corps.

This was as close to anything resembling a yes that Crist has said in the nearly four years since he was first asked about whether the dead singer deserves a pardon stemming from his arrest for a notorious 1969 concert in Coconut Grove. His conviction was on appeal when he died in a bathtub in a Paris bathroom in 1971.

And this past week there has been a media frenzy regarding the possible pardon of the Florida native and alumnus of Florida State University.

But Crist had an important caveat about whether he would pursue a pardon: It all depended on support from other Cabinet members, including outgoing Attorney General Bill McCollum and Chief Financial Officer Alex Sink. (It takes a vote by both the governor and two of the three members of the Cabinet to grant a pardon.)

Sink, as you may recall, said a year ago she didn't know that Morrison was the lead singer of The Doors although she says she now knows who he is.

Both Sink and McCollum did say this week they were open to considering a pardon. Agriculture Commissioner Charles Bronson has previously said he was willing to consider it.

But there are both bureaucratic and yes, even political hurdles, that may stop any of this from happening.

First of all, either Crist or a Cabinet member has to officially request to place Morrison's name on the agenda for the December meeting of the clemency board under what is called Rule 17.Then there's a question of whether there would be time for the Florida Parole Commission to conduct an investigation in time for that meeting. It is routine for the commission to look at the actual case files - and to also try to talk to people associated with it - before issuing a recommendation.

And who knows what that confidential investigation may conclude.

There could be arguments that the main allegation against Morrison - that he exposed himself - was never decisively proven since there is no photographic evidence of that happening.

But on the other hand, it can be argued that Morrison never showed any remorse for his actions and that his decision to move to France was evidence that he was prepared to live as an exile if his appeal was not granted. Even Morrison's own attorney told the N.Y. Times this week that Morrison acted stupidly and that being an artist doesn't justify antisocial behavior.

The political reality is that McCollum and Sink may conclude that they have no desire to revive the cultural wars of the late '60s, especially if either one of them has aspirations of future office.

There also could be those who argue that this case isn't important enough to take up at this time.

Doors fans who have pursued the case, however, have their own ammunition, including that potential 2012 presidential candidate Mike Huckabee granted a pardon to Rolling Stones guitarist Keith Richards for a reckless driving charge back when Huckabee was governor of Arkansas.

What does seem certain at this point is that this may be The End, one way or the other, on this matter.

Given the amount of media attention generated this past week it's hard to imagine that Governor-elect Rick Scott or his fellow Cabinet members will want to have anything to do with this case in 2011.

 

 

 

Time running out for Crist to help Mr. Mojo Risin

Gov. Charlie Crist and the rest of the State Board of Executive Clemency will meet again on Thursday morning for the next to the last time before Crist leaves office.

There are 79 cases on the agenda, including one commutation of a sentence request, 31 requests for pardons and 40 requests for restoration of civil rights.

And no, the case of James Douglas Morrison, a.k.a Jim Morrison is not on the agenda. This means there will be only one last time in December for Crist to make a decision on whether or not the deceased lead singer of The Doors deserves a posthumous pardon.

Morrison was arrested and eventually convicted for his 1969 performance at the Dinner Key Auditorium in Coconut Grove where he was accused of exposing himself during a concert.

The singer was acquitted on a charge for lewd and lascivious behavior, but was convicted of indecent exposure and profanity. The Miami incident is given a lot of publicity in a new documentary on The Doors that was released this past April on PBS. Morrison appealed his conviction but he died in 1971 while the case was still pending.

Crist has been considering whether to pardon Morrison since 2007 where he said that he was willing to review the case of the Florida State University alumnus at the urging of Morrison fans. And since that time Crist has said repeatedly that he is willing to consider it but he has yet to say definitively yes or no.

Here's video of Crist from this past summer where he said he still had an "open mind" about the case.

 

 

 

 

 

Scenes of the final days of the Scott campaign: Change and liars

If everyone who said hello to Rick Scott at Jacksonville Municipal Stadium winds up voting for him then Tuesday's primary may turn out differently than the current polls suggest.

Scott - joined by Pat Summerall, the father of his campaign manager - intensely worked the crowd at Jacksonville Municipal Stadium on Saturday night. And there was plenty of people to talk to since a lightning delay at the game between the Jaguars and Miami Dolphins forced everyone to crowd into the concession areas, terrace suites and "The Bud Zone." But it was clear that many, many people knew who Scott was and had seen his face on television.

In some instances, people recognized Scott - who has spent nearly $50 million on his campaign for governor - and not Summerall, the on-air personality who graced America's television screens for decades.

Tony Sleiman, the owner of the Jacksonville Landing, led the way for Scott and guided him through the stadium.

"I want change,'' Sleiman said. "I'm tired of the same ole, same ole."

Randy Childress, a Republican voter in Jacksonville, said he had already voted for Scott and echoed Sleiman by saying "It will be a good change for us."

His other reason was simple. "He's made his money. He won't take ours."

Not everyone was as positive. Ed Dowling saw Scott about to go into a door and rushed over to him, shook his hand, and proceeded to tell him that he wasn't voting for either Scott or Attorney General Bill McCollum.

"You're both lying through your teeth,'' said Dowling.

Scott's foray into Jacksonville capped off a day that saw him wind across North Florida. While traveling to the stadium, Scott blasted the Republican Party of Florida, noting reports that the party's federal account has dwindled to just around $50,000. He said this was a sign that the party was wasting its resources in an effort to help his primary rival McCollum.

"They don't care about all the other candidates, they are worried about one candidate, Bill McCollum,'' said Scott. "That makes no sense, you bankrupt the party, you don't care about any other candidates. And they are using it to attack it a conservative business person who believes in the exact principles of the Republican Party probably way more than the guy that they are helping.

"This makes no sense, there's something wrong going on,'' added Scott.

Ironically, Scott wound up walking into Jacksonville Municipal Stadium just yards away from where John Thrasher had set up a tent. Thrasher, the current RPOF chairman who is also running for state Senate, brushed aside Scott's complaints. He pointed out that the party raised more than $7 million in its state account and he predicted that the party would raise a large amount of money during its September Victory dinner where Mississippi Gov. Haley Barbour is scheduled to speak.

"I'm excited about where we are,'' said Thrasher.

Thrasher acknowledged that the party doesn't have a lot of money in its federal account, but said "we're starting to get some." He wouldn't answer directly Scott's criticisms, but said that people were waiting to see the outcome of the primary.

"Once we have our nominee on Tuesday, we'll be fine,'' said Thrasher. "People have been holding out because they are waiting to see what happens."

Will Florida have a John Kerry moment on immigration?

Attorney General Bill McCollum and Rep. William Snyder are expected this morning to unveil proposed new legislation on immigration that is modeled after the controversial Arizona law that has drawn popular support but is opposed by the administration of President Barack Obama.

The key question for McCollum - who will be in Orlando to make the announcement - is just how close this new bill follows past immigration legislation that has gone nowhere in the Florida Legislature.

Snyder and other lawmakers have said there is a need to push immigration changes. McCollum, who has come under fire from GOP rival Rick Scott for changing his stance on the Arizona law, has also said something needs to be done.

But it's worth noting that back in 2008 - when Marco Rubio was House speaker and McCollum was already in office - that a major immigration bill sponsored by former Rep. Gayle Harrell never it made it beyond a committee workshop.

HB 821 specifically states that "if a law enforcement officer has probable cause to believe that a person arrested for a felony arrest is not legally present in the United States, the officer shall report that person to the Immigration and Customs Enforcement Office of the United States Department of Homeland Security."

The bill goes even further and states that correctional officers and judges who deal with a person arrested and convicted of felony must report them to federal authorities if they suspect them of being an illegal alien. The measure also requires law-enforcement agencies to provide notices to officers that it is their duty to cooperate with federal officials regarding enforcement. And the bill also directs Florida's Attorney General to "vigorously pursue" all opportunities for federal funds to reimburse the state for enforcing federal immigration laws.

The legislation, which was called unnecessary at the time by some Hispanic Republicans in the Legislature, also required verification of national identity in order to qualify for certain public benefits. The measure also required that if someone were arrested for a DUI that a "reasonable effort" be made in order to find out their citizenship status.

So the question is whether Florida lawmakers will now push for a bill that two years ago wasn't considered worthy enough to even vote for the first time. It will revive questions about Rubio's stance on immigration and whether he has altered them in connection with his run for the U.S. Senate.

Plus, it is also worth remembering that the Legislature this past session wound up rejecting immigration bills. The House, for example, approved a measure by Rep. Sandy Adams, that required contractors who work for the state to verify the citizenship status of their employees. The measure died because it was never taken up by the Florida Senate which is led by Senate President Jeff Atwater, R-North Palm Beach and a candidate for chief financial officer.

(UPDATE - The bill that was unveiled is a bit different from the Harrell legislation although it does include similar language that was included in Adams' bill from this year. But the bill does mandate that law enforcement try to determine the immigration status of someone if they have "reasonable suspicion" that they are in this country illegally.

When asked why McCollum is unveiling the legislation now, a spokeswoman for McCollum said that he has been involved in immigration enforcement efforts during his time as Attorney General. Sandi Copes also defended the timing of presenting the bill now, saying the Arizona controversy has reinforced the public's desire to do something about immigration at this time.)