The Fine Print

Scott's LG dilemma

The state of Florida has been without a lieutenant governor since mid-March.

Don't look for that to change anytime too soon.

And that plain fact raises interesting questions about the state constitution and Scott's re-election campaign.

As most people know Lt. Gov. Jennifer Carroll abruptly resigned in March after she was questioned by law-enforcement agents about the work she had done for Allied Veterans of the World. Carroll was questioned right before authorities arrested nearly 60 people for being part of an illegal gambling ring.

Carroll would later tell media outlets that she was forced to resign almost immediately after she was questioned even though she insists she has done nothing wrong. So far she has not been accused of any wrongdoing.

The decision to force Carroll out gave the Scott administration - and more importantly the Scott re-election campaign - an opportunity to do a bit of a reboot.

Carroll it could be argued had already become a bit of a liability due to a history of inopportune remarks (such as the lesbians don't look like me comment) - although there were those who also insisted she is very well-liked among the Republican conservative base.

Since then there has been a steady stream of speculation about who Scott would pick for LG ranging from state representatives such as Dana Young (plausible) and Anitere Flores (understandable but unlikely) to former U.S. Rep. Allen West (absolutely not).

Here's what it is clear: Scott, the former CEO used to running the show by himself, appears to be in no hurry.

First Scott said that he would wait until after session was over. He then shuttered the lieutenant governor's office and required the handful of employees in the office to find work elsewhere.

Now the governor is deciding what to veto from a proposed $74.5 million budget. He is also going on a trade mission next week to Chile.It is unlikely Scott will name a LG before he leaves the country - meaning that Attorney General Pam Bondi will become governor if something should happen to him.

And that's where the constitutional dilemma comes in.

The state constitution states that there "shall be a lieutenant governor."

It's a clause that has been in the state constitution since 1968. Between 1885 and that time the person next-in-line to become governor was the Senate President. 

Charley Johns, whose name became synonymous with the "Johns Committee" or the legislative panel that investigated communists and gays in the state university system, was Senate President at the time that Gov. Dan McCarty died in office in September 1953. Johns served as governor until Jan. 1955. He was thwarted in his bid to serve out the remainder of McCarty's term when LeRoy Collins defeated him in the 1954 Democratic primary.

The constitution, however, is silent on what happens if there is a vacancy in the office of lieutenant governor. That's left to state law. FS. 14.055 merely states that "upon vacancy the governor shall appoint a successor who shall serve for the remainder of the term..."

The last time a lieutenant governor stepped down it was Frank Brogan leaving shortly after he and Jeb Bush were re-elected in 2002. Brogan sought the presidency of Florida Atlantic University just days after the swearing-in. By the start of March Toni Jennings had been sworn in as a successor.

But because there's no exact time line it seems the governor will likely name a LG when the time is right and can help him as he moves toward re-election. (Just as an aside - those close to "Scott World" say they expect the governor to pick an LG who will be on the 2014 ballot with him. Scott could have, if he wanted, picked someone to serve as a caretaker for the next 18 months and then name someone new to run with him for a new term.)

That means that Scott - unless someone sues him and demands he pick a lieutenant governor sooner - can glide towards a pick sometime over the next few weeks or even months.

He's got a busy schedule for this month and June (including a trade mission trip to Paris for its airshow.) Scott in other words will sign bills, hold bill signing ceremonies, and then he can pick a LG to create some potential positive buzz.

He's got room to do it since still now there are no formidable Democratic opponents taking any of the limelight away from him.

A complicating factor, of course, with all of this is those most interested in winning the job of LG are not the kind of people who already have a large amount of attention themselves. Jennings was a great grab for Bush because she had served back-to-back terms as Senate president and was no longer in office. Jennings gave Bush a go-to person to help lobby the Legislature, but she was able to do the job without having to worry about campaigning and fund-raising. Bush wanted Jennings to run for governor, but she declined and left the door open for Charlie Crist to eventually win the job.

It makes sense to look at legislators since they know about campaigning, but for many of them becoming lieutenant governor would put them in a more prominent position.

But since Scott must pick someone who will help his campaign it makes sense to look at people outside the Tallahassee bubble as well.

Which is why it is also understandable why Scott doesn't plan to move too fast.

5 biggest questions of the 2013 session answered

So closing the loop from two months ago, here's the 5 biggest questions of the 2013 session answered (and with some thoughts about what happens next):

1. Will lawmakers agree to expand Medicaid? The answer wasn't just no. For the Florida House Republicans it was hell no (and even when the proposal moved beyond Medicaid to the idea of using federal aid to purchase private health insurance)

The decision to reject expansion probably doesn't hurt GOP lawmakers right now. (Of course that could change when all the ramifications of the rejection begin to hit home to businesses and individuals next year.)

But it could be seen as a defeat for Gov. Rick Scott in more ways that one.

He already got hammered by conservatives for his decision to go along with Medicaid expansion after being one of the most ardent opponents to "Obamacare." But with no resolution Scott continues to get hit from Democrats who say this just shows he has no leadership skills. They contend he failed to use his clout to get it passed.

The governor made sure to say that Medicaid expansion was not one of his top priorities, but in the end he remains the one who probably loses the most from both sides of the political spectrum. Not sure how this helps someone whose poll numbers remain below 50 percent.

Democrats have started going on about a special session, but so far Scott has been skeptical about such an approach. Last Friday he said that state lawmakers had made their decision and the "answer is no." Just not sure how that plays - with anyone regardless of their political persuasion.

2. Will Scott get his pay raise for teachers? Kind of.

Yes, lawmakers did put $480 million in the budget, but at first they said it couldn't take effect until June 2014 (or in other words after another session had passed.) Then top legislative leaders said that the June 2014 was Scott's idea (although an email exchange from one of Scott's top aides showed that wasn't the case.)

Lawmakers also tied the pay raise to performance standards instead of an across-the-board $2,500 pay raise. While school districts have the final say over the raise, it remains to be seen how it will be distributed.

Scott has already gone out this week on a five-stop "victory" tour to tout the pay raise.

It's worth remembering that when Scott first pushed the pay raise he wanted it with no strings attached as a reward to the good work that teachers have done so far. "We don't want a war on teachers, we want a war on failure," was the line that Scott gave at the onset of the session.

But Senate President Don Gaetz and Weatherford had their own ideas - and they kept bargaining over the fine print of how the raises would be handed out until the very end of session. They gave Scott enough for him to use for his re-election campaign, but they stopped short of giving the governor exactly what he asked for.

3.Is Jeb Bush still in charge? No. But that doesn't mean he still doesn't have influence. And it may have showed up in key places.

Let's not forget that a few weeks before session that Bush privately told House Republicans that they should reject Medicaid expansion. But Bush added an important element: Make sure to offer up an alternative deal instead of just saying no.

And while many complained that it didn't go far enough House Republicans did in fact unveil their own plan to use state dollars to provide health insurance to roughly 115,000 uninsured Floridians.

Toward the end of the session Weatherford channeled Bush when said: "In politics these days a lot of people say ‘No’ and walk away. We didn’t say no. We offered up an alternative.”

But in other places Bush's influence was not as significant. An example is the defeat again this year of the controversial "parent trigger" bill in the Florida Senate despite Bush's fervent support.

And it was Florida's other famous Republican _ U.S. Sen. Marco Rubio _ who also may have had just as much influence as his one-time mentor. The Tampa Bay Times/Miami Herald, for example, reported that Rubio played a role in the last-minute decision by legislators to push back the date of Florida's presidential primary. This was a big deal since it was Rubio who pushed for the change to begin with.

4. A kinder, less partisan Legislature? Nope.

There had been signs right before the start that the Legislature might chart a less confrontational path than in previous years. But the impasse over Medicaid expansion and disagreement over election law changes resulted in a whole lot of acrimony in the waning moments of the session.

Republicans complained that the opposition by Senate Democrats to the election bill (after it was first appeared to be a bipartisan effort) was all about politics.

House Democrats meanwhile used a procedural move to slow down the pace of the session in the final few days that left both sides fuming and scowling. And it turns out that one of the casualties may in fact be Scott's proposal to eliminate sales taxes for manufacturers who purchase the equipment. The tax cut was pushed through by Republicans who refused to answer questions or even debate the measure when it came on the evening of May 1. The result was a vote much closer than anticipated and one that turned to be under the two-thirds requirement for bills that affect local tax revenues.

Weatherford and House staff contend the tax cut bill is not in danger of falling due to a legal challenge. They offered several theories that hinge on your definition of words like "aggregate" and "insignificant."

Weatherford for his part questioned who want to sue over a tax cut. Fair enough. But it's worth wondering whether or not the vote would have been that close if House Republicans weren't scrambling to push through the tax cut bill. (The reason for the rush, of course, was that there were fears that Scott would veto bills being sought by Weatherford and Gaetz if he didn't get his tax cut proposal. Scott signed the bills within an hour of the House vote.)

5. Is this really the year for serious ethics reform? Actually, the answer to this is yes.

While the final ethics bill isn't as far-reaching as some have advocated this is a still an accomplishment given that grand juries and former governors have tried to get the Legislature to crack down on public officials in the last decade.

The final bill for the first time a mechanism that allows the Florida Commission on Ethics to initiate an investigation based upon a referral from the governor or law-enforcement agencies. (It also makes it harder for people to file complaints right before an election based on newspaper stories.)

It puts additional restrictions on lobbying and dual employment by legislators, requires posting of financial disclosure forms on the Internet, and allow the state to go after public officials who have refused to pay fines.

There are some question marks about a couple of the final provisions. But several advocacy groups have noted that the final bill is more than has been done in the area in quite some time.

Expenses already climbing in Scott re-election effort

A new installment of Inside the Tallahassee bubble news...

EXPENSES ALREADY CLIMBING IN SCOTT RE-ELECTION EFFORT

Here's an interesting couple of tidbits that jumped out in going through last week's campaign finance reports.

One could argue that the bid for Scott's re-election effort is already getting plenty expensive even though the Democratic field remains somewhat unsettled amid ongoing speculation about Charlie Crist and U.S. Sen. Bill Nelson.

Consider this:

The company run by Scott's main political consultant - Tony Fabrizio - has already been paid nearly $600,000 by the Republican Party of Florida since last August. This includes a $170,000 payment in December and another $277,000 payment in March for "polling" according to RPOF campaign finance reports filed with the state.

On top of that Scott's own electioneering communication organization _ Let's Get to Work _ also stroked a $32,150 check for Fabrizio's firm to pay for an "opinion survey."

Records also show that Let's Get to Work in just the last quarter paid Forward Strategies, the company run by well-known fundraiser Meredith O'Rourke, more than $110,000. O'Rourke of course was a prime fundraiser for Crist back when he was a Republican. She was pushed aside from her role as an RPOF fundraiser during the unpleasantness involving disgraced former chairman Jim Greer.

Of course one could argue that Scott is also piling up a large amount of cash in advance of what could be a bruising fight. It's just interesting to note the amount of money already going to the effort even before the Democrats have a nominee.

NON-EXISTENT PATRONIS-GAETZ FEUD?

Rep. Jimmy Patronis told his hometown newspaper late last week that as far as he knows there is no looming rivalry between himself and Rep. Matt Gaetz, R-Fort Walton Beach over the state Senate seat now held by Senate President Don Gaetz. Patronis has already filed for the seat _ which comes open in 2016 _ while Matt Gaetz has filed for re-election next year.

"There’s nowhere I’ve seen it documented — both publicly or through social media — that would give me anything to believe that he is intending on running for his dad’s Senate seat,” he told the Panama City News Herald.

Patronis made this comment in the wake of a stream of comments from Gaetz on his Twitter feed where he has questioned Patronis' votes and stances on a line of issues.

But Patronis himself helped fuel the fire of this rivalry on the House floor.

During a debate on a Gaetz-sponsored bill repealing the state law that requires that gas contain ethanol Patronis got up to tout how he had pushed a bill the previous year that removed penalties for gas stations that ignore the mandate.

He said he would support the Gaetz bill but then added this dig: "I don't know if it really makes a difference."

Another key moment on Friday: Gaetz and Patronis were two of the four no votes on the House bill that would allow U.S. born children of illegal immigrants to receive in-state tuition rates at state colleges and universities. One of the other no votes _ Rep. Dennis Baxley _ wound up changing his no vote to a yes after the fact and said he misunderstood what the bill did.

The bill was a top priority for House Speaker Will Weatherford, who urged its passage at the start of the year.

A no vote coming from two Republicans representing roughly the same part of the Panhandle might cause some to wonder whether there was a fear that the vote could wind up on mailer. Or maybe that's reading too much into it.

CAN'T BUY ME LOVE:

The Florida chapter of one of the main union for state workers contributed more than $21,000 to legislative candidates before the start of this year's session. This included a maximum $500 donation to 17 Republicans in the House and Senate.

But all nine GOP House members who received a contribution from the Amercian Federation of State, Council and Municipal Employees Council 79 voted in favor of an amendment sponsored by Rep. Seth McKeel, R-Lakeland, that cut the amount of a proposed state worker pay raise from $1,400 to $1,000. The amendment was approved over the sharp objections of Democrats.

The lone no vote on the amendment was Rep. Matt Gaetz, R-Fort Walton Beach.

Perhaps the most interesting vote in favor of the proposal came from Rep. Halsey Beshears, R-Monticello.

That's because Beshears ran a memorable campaign ad last fall entitled "Do What's Right" where Beshears said that as businessman he understood the value of treating employees right: "Here we rely on thousands of great men and women to contribute to our local economy. We need to grow it and make it stronger. That's why we need to be more supportive of our hard-working state employees."

 

 

 

5 biggest questions of the 2013 session

Florida's GOP-controlled Legislature kicks off its annual session on Tuesday amid the backdrop of Gov. Rick Scott's aggressive move to the center as he continues to battle stagnant poll numbers. Both House Speaker Will Weatherford and Senate President Don Gaetz have their own agendas but the big focus for the next 60 days is whether or not lawmakers will help the incumbent Republican governor or damage him further as he gets prepared for what could be a very tough re-election campaign.

Here then are the 5 biggest questions of the 2013 session:

1. Will lawmakers agree to expand Medicaid? This is a decision that could have repercussions for years to come.

Scott's decision to endorse the expansion of the safety-net health care insurance program for three years to take advantage of billions in federal aid was widely criticized by conservatives and even top fellow Republicans.

The governor has said this is not one of his top priorities, but his decision to endorse the expansion right before the session means that if the Medicaid expansion is rejected it will be seen as a loss for Scott.

The House has already come out forcefully against the expansion and Weatherford is expected during his opening day remarks to articulate the rationale behind that stance. The Senate has taken no official position yet although comments in recent weeks suggested that Senate Republicans have been contemplating expansion seriously.

There are some suggestions that the House may use Medicaid expansion as a bargaining chip for other issues which if true carries its own share of risks, including bringing down the wrath of conservatives and tea party groups on to House Republicans if they change their mind over the next nine weeks. But if the House and Senate goes different routes it sets the stage for an impasse over the entire budget...which means the session may not end on time.

What could emerge is a hybrid solution: Some limited expansion of Medicaid that comes without the full funding of the federal government, but offers an answer to critics who contend the state is turning its back on roughly 1 million uninsured residents. There is also a lot of interest in the deal offered to the state of Arkansas which has been allowed by the feds to purchase private health insurance for those below 133 percent of the federal poverty line instead of placing those people into Medicaid.

2. Will Scott get his pay raise for teachers? The debate over Medicaid expansion has overshadowed what could have been the biggest storyline of the session: Will Republican legislative leaders go along with Scott's budget proposals, including his pitch for a $2,500 across the board pay raise for teachers in the state.

Scott has made it clear that the teacher pay raise - and his push to eliminate sales taxes on equipment purchased for manufacturing - are his top two priorities this year.

In his State of the State speech Scott will tell lawmakers: "Some say they are afraid that giving raises to all teachers may mean that a teacher doing a bad job gets rewarded. But, thanks to our work, we are now in a better position than ever before to reward good teachers and move bad teachers out of the classroom....We don’t want a war on teachers; we want a war on failure"

But both Weatherford and Gaetz have so far given only lukewarm endorsements of the proposal. Instead the two legislative leaders have questioned if the raises would undermine the new merit pay system that is supposed to take effect next year.

Again, we have a potentially awkward situation where the Legislature has the power to either help Scott as he moves forward - or damage him.

3.Is Jeb Bush still in charge? Former Gov. Bush visited Tallahassee a few weeks ago and he met with legislative leaders as well as an enthusiastic group of House Republicans. At the tail end of a closed door session with the House members he was asked about the contentious Medicaid expansion issue. Bush told them that they should reject the expansion, but that they should offer up an alternative deal. So far the House has followed through on part one of that advice.

But that's far from where the Bush influence ends. Bush - who battled mightily against the state's teacher union while he pushed education changes  - refused during that brief stop to publicly take a position on Scott's pay raise proposal. No one should believe he doesn't have an opinion. Instead it should be viewed that Bush adheres to the protocol of avoiding any public policy disagreements with a sitting Republican governor.

There is also expected this year to be a repeat of last year's heavily-debated "parent trigger" bill. Bush steadfastly supports the legislation, which is expected to have a smoother trip this session. So if Medicaid expansion and teacher pay raises go down and parent trigger is passed then Bush will have a better session than the current occupant of the plaza offices in the Capitol.

4. A kinder, less partisan Legislature? In the run-up to the start of the session (and before Monday's Medicaid expansion stance that drew the wrath of Democrats), there had been signs that the Legislature may chart a less confrontational path than in previous years.

Case in point is the proposal to revamp the state's election system. It was the supercharged 2011 Legislature that passed the controversial election law that cut short early voting days. Republicans - who enjoyed a super-majority at the time - pushed the bill through despite strong warnings from Democrats it would backfire on them.

This year we have Republicans attempting so far to work with Democrats on rolling back some of the provisions of the 2011 law and making other changes in order to avoid a repeat of last fall's election where people wound up waiting hours in line in order to vote. Democrats are not in complete agreement, but this is still a marked change from just two years earlier.

It could be that the 2012 elections - where President Barack Obama won Florida a second time and Republicans lost seats in the Legislature - might have been a wake up call that the GOP needs to moderate its message and image.

So far we have not seen a wave of legislation that is intended to fire up the Republican base heading into 2014. The normal pattern is that the off-year session is the year that lawmakers are more likely to adopt controversial items. This could be the year that breaks that trend.

5. Is this really the year for serious ethics reform? Both Weatherford and Gaetz have vowed that this is the year that legislators will enact far-reaching changes to the state's ethics laws. The Florida Senate is expected to take up - and probably pass  - the ethics bill on the first day of session.

The reason this is a big deal is that grand juries and former governors have tried to get the Legislature to crack down on public officials in the last decade but those efforts went nowhere.

The Senate bill creates for the first time a mechanism that allows the Florida Commission on Ethics to initiate an investigation based upon a referral from the governor or law-enforcement agencies. (It also makes it harder for people to file complaints right before an election based on newspaper stories.)

Weatherford for his part supports ethics reform, but he also said time and time again that ethics reform can't be done without "campaign finance" reform. Translation: We take your bill if you take our bill.

It's likely that some kind of deal will get reached and legislation dealing with both will pass. But the key is what gets dumped, altered and changed by the time legislators reach the finishing line.

Will it be the far-reaching changes that legislative leaders have vowed? Or will it be incremental changes that maintain some of the current loopholes in the system?

The myths and mystery of Jeb Bush

The 2016 campaign for president appeared to begin in earnest in the wake of a recently New York Times article that suggested that former Florida Gov. Jeb Bush was already beginning to weigh financial and family considerations of a potential bid for president.

The timing of the article drew immediate attention from the national media and a steady stream of "will he run?" stories.

And Bush has remained in the news since then due to his national education summit held in Washington D.C. and his decision to take the post of chairman of the board of trustees of the National Constitution Center. There was even a recent piece in Time where he talked about education and joked that he has breaking out in a rash each time someone calls him a "centrist."

For those of us who follow Bush _ and keep in touch with people still in his orbit _ it is not a surprise that the presidential buzz is already starting since it appeared that the governor made a calculated decision early on in the 2012 cycle that this was not the time to run.

In other words, one could argue that Jeb instinctively knew that President Barack Obama would be very difficult to beat. And it probably would have been even more of an uphill battle for Bush. One Bush ally told me that heading into this year's presidential election the former governor himself was cognizant that there could still be "Bush fatigue" from his brother's stint as president.

But the mystery of will Jeb run in 2016 is likely to be less about his brother and more about what makes sense for him and his family.

The plain fact is that some in the national media would likely delve deeply into Bush's family life if he ran. This would like lead to the re-airing, re-reporting of troubles with his daughter Noelle Bush and even Columba Bush's run-in with U.S. customs agents. Yes, one could argue that the neither have any bearing on whether Bush is qualified for president. But it would be naive to think that stories like this would not be played back up on a national level should Bush mount a serious campaign.

That means that Jeb Bush has to make a calculated decision on whether the presidency is worth the avalanche of coverage that would come with a run for the White House. Bush, who does display flashes of anger from time to time, made it clear to the press corps in Tallahassee that questions about his family were out-of-bounds (although Bush himself did talk about his daughter on national television.) Bush's ability to exert any level of control on the national media, however, would be non-existent.

But as the national media begin to ponder a Bush run it's interesting to see the coverage that includes the following:

Bush is no longer really a conservative. Bush should step aside for fresh faces like U.S. Sen. Marco Rubio. Bush has been too deferential to President Obama and by extension the Democrats.

This is a fascinating narrative since it conflicts with the reality of his record.

To begin with - Bush's record as governor eclipses anything that Rubio has accomplished so far. Rubio's stint as House speaker left very much a mixed record. It's true he clashed with then-Gov. Charlie Crist on things such as expanded gambling, but Rubio also did things like endorse an expansion of state intervention into property insurance that was decried by conservatives. Rubio has maintained a fairly consistent voting record in the Senate in the last two years and inspired Republicans with his soaring rhetoric and his defense of American exceptionalism. But the plain fact is that Bush stands right now as one of the most substantial governors in the history of Florida in the last 50 years.

The success of his achievements can be questioned _ such as in a recent piece by Reuters _ but it's worth looking back at what happened during his eight years in office.

For those who may have forgotten, consider this a Bush primer:

1. During his two terms as governor, Bush pursued a series of education reform policies that were constantly criticized and villified by some of the mainstays of the Democratic Party. He pursued a school voucher program for students in chronically-failing schools that was eventually struck down by the state Supreme Court. The state's teacher union was so dramatically opposed to Bush that it spent money on independent television ads that helped propel little-known Tampa lawyer Bill McBride past former U.S. Attorney General Janet Reno. One of the emerging narratives happening in Florida politics now is that current Gov. Rick Scott has slowly begun challenging the underpinnings of some of the reforms, such as high-stakes testing. While Scott remains a firm backer of vouchers, he advocated this week for requiring students who receive vouchers to take the same tests as public school students. This is a stark turn-around from the position that has been taken by Bush and his allies.

2. Bush was staunchly pro-life during his terms as governor and was at the heart of the Terri Schiavo controversy. Bush's role in trying to keep Schiavo alive could in fact harm him during a run for the presidency. Not only did he support the legislation that attempted to bypass court rulings dealing with Schiavo but there were stories at the time that Bush contemplated sending in law-enforcement to seize Ms. Schiavo. The governor's office officially denied the reports at the time, but it would very likely there would be a re-airing of the entire controversy.

3. Bush's fiscal bonafides. While he was governor, state spending continued to rise as the continued rise in the real estate market led to record heights in the amount of state taxes that were taken in. But Bush also pursued some of the largest tax cuts in the history of the state _ including pushing for $1 billion worth of tax cuts in his first year in office. His handling of state finances was rewarded with stellar triple AAA bond ratings.

4. Bush took on public sector employees and their unions. During his term in office, Bush tried to make major reforms in public employee pensions. He was unsuccessful in his bid to force all new state employees to choose a 401 (K) styled plan but he got it an optional version. Bush also successfully argued for _ and got approval from the Legislature _ to reclassify roughly 16,000 career service employees into positions where they no longer had the same job protections.

5. Bush took the charge in eliminating some of the affirmative action programs in place in the state. Bush signed an executive order that removed affirmative action policies in state purchasing and got the state panel that oversaw the state university system to revamp admission policies to remove race as factor for consideration. During his first run for office in 1994, Bush was asked by a woman what he would do for black people if he were elected. "Probably nothing,'' Bush said at the time. Bush's push against affirmative action sparked a backlash led by then State Sen. Kendrick Meek and resulted in one of the largest protests ever on the steps of the Capitol. Meek and others used their anger over Bush's actions to rally voters against Bush's brother in the 2000 presidential election (and we know how that turned out in Florida.)

And if that wasn't enough consider this: Bush overhauled the death penalty, pushed through a huge expansion in the use of economic incentives to try to jumpstart the biotech industry, rallied voters to repeal a high-speed rail mandate, went after trial lawyers by trying to limit medical malpractice lawsuits, tried to undo a constitutional amendment (pushed by his nemesis Kendrick Meek) that mandated smaller class sizes, strengthened the power of the governor over the judiciary, and responded forcefully and efficiently to eight hurricanes that hit the state in 2004 and 2005.

The one area where Bush has been at odds with his fellow conservatives is over the issue of immigration. While Rubio's position on immigration has evolved and shifted as his political career has advanced, the governor has taken some stances that could cost him votes. Bush has not only criticized the tone and rhetoric about the issue, but he himself has even taken stances that illegal immigrants should be given access to driver's licenses.

As the speculation about Bush's future continues to heat up, it will be interesting to see if there is a continued attempt to rebrand Bush into someone who doesn't resemble the man who led the Sunshine State for eight years.

The 6 counties that could make or break President Obama or Mitt Romney in Florida

In the run-up to today's election, there's been an avalanche of polls, a whole lot of spin and a lot of competing predictions about who will win Florida.

Complaints from conservatives have been that the polls have undersampled Republicans and attributed higher turnout to Democrats than will materialize. Democrats, meanwhile, have also questioned the polling models in different ways, including whether there has been an undersample of young people.

Lost in this back-and-forth is a recognition that the election of 2008 isn't quite what it is made out to be here in Florida.

The dominant thinking is that Barack Obama motivated minority voters and young people and created a surge of turnout in 2008.

But what some may have forgotten is that Republican John McCain got more votes in 2008 than President George W. Bush did when he took Florida in 2004.

McCain got 4.04 million votes when he lost the state while Bush received 3.96 million.

The counter-argument, of course, well there was population growth and more voters so it makes sense McCain got more votes.

But there was actually a higher percentage turnout in several counties that McCain won.

Take Brevard County which runs down the east Coast and is home to Cape Canaveral.

Turnout four years ago in this Republican-dominated county was actually 82.5 percent compared to nearly 79 percent in 2004. Turnout was higher in other red counties such as Clay, Lake, Lee, Pasco, Polk, Santa Rosa, Seminole, and St. John's.

Of course despite this McCain won 53 out of Florida's 67 counties. President Bush, by contrast, won 57 out of 67 counties during the 2004 elections.

The question that needs to be asked is whether or not the ongoing changes in demographic makeup in Florida _ and which continued over the last four years _ have scrambled up the traditional thinking about this state.

For example, there are now 1.66 million Hispanic voters compared to 1.35 million just four years ago. Back in 2008 the number of black registered voters actually outnumbered Hispanics. The total number of black voters grew as well from 1.46 million to 1.62 million.

The end result? Even though the number of white registered voters increased overall their percentage of the electorate actually shrank. So four years ago when Obama won the state whites made up 69.1 percent of the electorate. That number has dropped to 66.5 percent.

Certainly the makeup of the Hispanic vote is not like it is in other states _ and Florida's Cuban-Americans have been reliable Republican voters. Another argument has been that Central Florida Hispanics _ many of whom are Puerto Rican _ don't care as much about GOP nominee Mitt Romney's hard line against immigration as other Hispanics.

But let's look at what happened in several key counties back in the last two cycles. These are the counties that will make or break the state for President Obama or former Gov. Romney.

MIAMI-DADE: This is the one that really jumps out. Turnout was actually HIGHER in 2004 when President Bush was on the ballot. Despite the lower turnout McCain nearly got as many votes - 360,000 - that Bush did. So McCain nearly duplicated what the Spanish-speaking brother of the governor of Florida did in 2004. Of course, what happened is that the number of voters in Miami-Dade grew between 2004 and 2008. President Obama got 90,000 more votes than John Kerry did. That's nearly half of the 236,000 vote margin that propelled Obama to win the state. Even if you go with the Republican talking point that Obama's turnout machine will not replicate what happened previously there's a case to be made that Romney will likely have to do better than the past two GOP nominees in this pivotal county in order to hold down Obama's margin.

(UPDATE: Romney got less votes in Miami-Dade than McCain did in 2008, while Obama took in roughly 42,000 more votes than he did the first time around. And this all happened even though turnout was slightly lower than it was in 2008.)

HILLSBOROUGH: Behind Miami-Dade this is probably the second-most important county to watch on election night. Hillsborough had been trending Republican in recent years, yet four years ago Obama took this county. He got nearly 59,000 votes more than Kerry did despite LOWER TURNOUT than in 2004. Additionally, McCain took in only 236,000 votes compared to 245,000 votes for President Bush. If Obama wins Hillsborough then there's probably a good chance he will take the state.

(UPDATE: Obama did win Hillsborough, and therefore he won the state. Again Obama took in more votes in this county during his re-election bid than he did the first time around. While Romney got a higher vote total than McCain did or President Bush did - he still finished 36,000 votes behind Obama, which was roughly the same number as McCain.)

DUVAL: This county will be in the Romney column. No one doubts that. It's just a matter of how big a lead that Romney racks up here. In 2004 Bush won Duval with nearly 58 percent of the vote. McCain, however, won Duval by a slim margin of 50.6 percent.This is the county that Romney needs to do well in order to offset the margins in South Florida.

(UPDATE: President Obama did lose ground here, finishing with 47.8 percent of the vote in Duval, a decline both in percentage and raw totals from 2008. Yet despite that fact Romney only pulled in 1,000 more votes than McCain did. So in other words, Romney did not get the type of advantage he needed in Duval to offset votes elsewhere.)

ORANGE: This was another county that went big for Obama in 2008. He got roughly 80,000 more votes than John Kerry did four years earlier. But the cut in early voting days _ which as we have seen is favored by Democrats _ did have an impact in this county. Not counting the provisional ballots that were cast on Sunday _ the total number of voters who voted early in Orange dropped from just over 145,000 in 2008 to a little more than 127,000 this year according to Bill Cowles, the elections supervisor there. The county had these lower early voting numbers even though the number of registered voters in Orange has jumped up 14 percent. This would seem to suggest that Obama will not repeat the same margin he got previously.

(UPDATE: In the end the voter turnout in Orange County did dip from 2008. But it made little difference in the raw totals. Obama received about the same number of votes in 2012 as he did the first time around. Romney took in only about 2,000 more votes than the president.)

PINELLAS: This county is worth keeping an eye on as a potential trendsetter. Obama won Pinellas four years ago, while Bush won the county in 2004.But this county actually has FEWER active registered voters than it did in 2008. The voter registration gap between Democrats and Republicans is also smaller than it was previously.

(UPDATE: There was a significant decline in Pinellas. President Obama took in 9,000 fewer votes than he did in 2008. But Romney only picked up about 3,000 more votes than McCain did.)

OSCEOLA: There's a reason that former Gov. Jeb Bush and the Romney campaign made a stop in Kissimmee this past Saturday. This county in Central Florida could be the one to really watch on election night. Four years ago President Obama won the county and received nearly 60,000 votes to slightly more than 40,000 votes. That was a dramatic turnaround from 2004 when President Bush won the county with 43,000 votes. The stakes are even higher this year. Voter registration in this county has grown from just under 137,000 in 2008 to more than 163,000 this time out. The number of registered Democrats in this county grew from just under 60,000 to more than 71,000 while GOP registration went up from 40,96 to 43,588. In other words, this county may be the one that proves or disproves the Obama campaign's much hyped ground game.

(UPDATE: And the shift played out as expected. Obama's lead in Osceola was substantially bigger in 2012 than it was in 2008. His vote total went from just under 60,000 to more than 67,000, while Romney's vote total was nearly identical to McCain.)

Partisan wrangling, early voting, and limits on the power of the governor

So what constitutes an emergency?

Do long lines at a polling place, or the possibility of an election meltdown because of the surge in voting crowds constitute an emergency? And does the governor have the power to change that?

That in essence is one of the questions raised by the tug-of-war that has erupted in the last two days over early voting.

Gov. Rick Scott was asked Thursday by former state senator Dan Gelber, the Florida Democratic Party and the League of Women Voters to extend this year's period of early voting through Sunday instead of having it end at 7 p.m. on Saturday night as it now scheduled.

In his own letter Gelber warned that the long ballot (due largely to the Legislature placing the entire text of amendments on it) and the long lines was causing "greater dislocation" at the polls then in 2008. That was the year that former Gov. Charlie Crist wrote an executive order that resulted in early voting hours being extended beyond the statutory limit of 96 hours.

Scott, who signed the law in 2011 that cut the number of early voting days back from a maximum of 14 days to the current 8 days, told reporters on Thursday night that he would not grant the request.

Obviously there is a great deal of partisan wrangling going on here.

In the past year there have been federal lawsuits that challenged the reduction in early voting days. And the lawyers for the Legislature were hard pressed to come up with an explanation of why the early voting days were cut to begin with. In one memorable exchange in court earlier this year a federal judge said there was nothing in the record that showed him any good reason for the decision made by lawmakers to cut back on early voting.

Attorney George Meros at that hearing in Jacksonville contended that legislators could have had private conversations with election supervisors that led to that decision. This past week The Palm Beach Post reported that one of the architects of the law that cut back early voting helped write it after consultation with Republican Party officials.

But let's go back to 2008.

Crist's action at the time to extend early voting was met with disbelief from members of his own party. (Remember, he was still a Republican.) And just as importantly legislative leaders _ including then-House Speaker Marco Rubio _ were a bit skeptical of the legal reasoning that Crist used to extend early voting.

In essence, Crist declared that a "state of emergency" existed due to long lines at early voting locations. He used his emergency powers to order supervisors to keep polling places open. Download Executive_Order_Number_08_217

In his order Crist said that there is "a possibility that election officials will be unable to conduct an orderly election and thus residents in our state could be deprived of a meaningful opportunity to vote." So Crist basically used the power that the governor uses when there is a hurricane or other natural disaster to waive a state law.

I have already written in the past how Crist expanded the use of executive power beyond what traditionally had been done by previous governors, even former Gov. Jeb Bush.

The decision by Crist to extend early voting hours was seen by some Republicans as a decision that helped Barack Obama win Florida.

But at the time Rubio and other top Republicans were reluctant to go into court to challenge the executive order. Part of the problem was timing since the decision came just days before the election and it would have been hard to get a judge to halt the extended hours.

Gelber for his part has argued that the prospect of a problem with an election does in fact constitute an emergency. Plus, he cites the fact that Bush did it as well.

That's true but Bush extended voting hours by 2 hours on Election Day because of problems during the 2002 primary with late opening precincts and ballots that wouldn't scan.

Many major counties were using new voting machines for the first time that had put in place in the wake of the chaotic 2000 presidential election where the vote in Florida wasn't settled until more than a month after Election Day.

In one notable case during that primary former U.S. Attorney General Janet Reno _ who was running in the Democratic primary for governor _ had to wait to vote at her own polling place in Miami-Dade County because of problems with the machines.

Now if Election Day turns into a major hassle _ and there are problems at the polling places _ you can expect Democrats to tell Scott "I told you so" and they will use it as ammunition against him on the 2014 campaign trail.

But given the nature of this election you would have to wonder if Scott would have been challenged even if he did issue an executive order.

This time around _ unlike four years ago _ the election result is very much in doubt and it's hard to imagine either side taking a pass on this. At least, however, we would have gotten a judge to decide the extent of the governor's emergency powers.

(Editor note: Sorry for the lack of entries on this blog in the last few weeks. Look for that change in the days and weeks ahead. I truly do appreciate all of those who have enjoyed this blog _ and given me compliments on it since launching it three years ago. My plan is use it to augment _ and go beyond the stories that I do for The Associated Press.)

Will Rick Scott and lobbyists be among today's primary losers?

While today's primary election in Florida lacks the drama of a high-stakes statewide race like two years ago there will be much to ponder once the smoke clears by Wednesday morning.

Most of the true intrique will of course surround the numerous proxy battles - and their role in the future leadership of the Florida Senate. Here's a previous overview on that.

But there are also a whole slew of other trends/stories worth paying attention to that could have ramifications in this year's general election, next year's legislative session and the 2014 elections when Gov. Rick Scott will seek a second term.

1. Will the "toxic" brand that Democrats seem to attach to Scott really play out? Several Democratic primaries - include at least two state Senate seats and a North Florida congressional seat - have included various allegations that one of the Democrats in the race is too cozy or too comfortable with Scott and his agenda. Former Sen. Al Lawson - who is running for Congress against Rep. Leonard Bembry - went so far as to ask people to give him money to help fight "lies" that he voted for Scott over Alex Sink.

If this strategy of trashing your opponent as a ally of Scott doesn't work in a primary election then how big a factor is it in the general election or heading into 2014?

2. What happens if Rachel Burgin defeats Tom Lee in the state Senate GOP primary in Hillsborough County?

Senate leaders backed former president Lee, but that didn't stop some lobbyists from helping out Burgin against their old foe. Lee's trangressions are many to some lobbyists, including his push to force them to disclose how much they were getting paid to lobby the Legislature. One of the attacks against Lee dredged up an old divorce and questioned his character.

One could be tempted to conclude it's just one race and the outcome shouldn't have an outsized impact in the halls of the Capitol.

But when asked recently if there would be any consequences, incoming Senate President Don Gaetz said this: "I don’t think that any vengeance has to be planned for these Democratic lobbyists. I think the stink of dirty personal attacks will hang on them and they are making their own problems."

And Gaetz added that he thought that some of those who did help Burgin went "way, way over the line."

3. Will today's election effectively end the Senate presidency battles? No one knows for sure what the pledge cards look like, but if Mike Weinstein and Jim Frishe and some other Republican state senate candidates go down then there will be much speculation that Jack Latvala's bid to become Senate president in 2016 is doomed.

Latvala is an old-hand at political intrique so it would probably be a bit premature to write his obituary. He may hope that his alliance with Andy Gardiner may help him in the long run. The problem, of course, is whether or not he has to deal with people who change their minds on backing him if he has a bad day today.

4. Will Alex Diaz de la Portilla become the ultimate shadow warrior in the Legislature?

The former state senator's political skills should never be underestimated. But it could be quite fascinating if he gets elected to the House along with his brother Renier. (Miquel Diaz de la Portilla is already in the Senate.) It would not be far-fetched to envision scenarios where Alex DLP quickly begins forming alliances in leadership fights and special interest lobbying battles.

5. Which interest group emerges from the primary stronger, or weaker? A backstory in several primaries is the money that groups engaged in ongoing public policy fights, whether it's gambling or private school vouchers for low-income families, wound up putting into play.

A win by Mack Bernard over Jeff Clemens, for example, in a Palm Beach County state senate seat would continue to dilute the influence that the state's teacher union has when it comes to fighting back against vouchers.

Additionally, it will be worth noting if certain attacks regarding key legislative issues - like property insurance, for example in the Frishe-Jeff Brandes state senate race  - prove harmful at all.

 

 

 

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.

5 biggest questions of the 2012 session

Florida's GOP-controlled Legislature kicks off its annual session on Tuesday amid the backdrop of the looming Jan. 31 presidential primary, a governor still battling low poll numbers, and legislative leaders who so far have shown a desire to keep the agenda limited during a critical election year.

The two main jobs are redistricting and passing a budget, but even that's not guaranteed at this point.

Senate President Mike Haridopolos has talked about waiting until later in the year to pass a budget. And while there appears to be a push to pass redistricting plans quickly there remains a chance that legal challenges to the final product could force legislators into a special session at some later date to adopt different maps.

Here at this point are the 5 biggest questions of the session:

Will redistricting keep moving smoothly and quickly? In anticipation of potential legal challenges, the GOP-controlled Legislature has already begun to accelerate to a possible final vote on changes for both Congressional and legislative districts. The Senate is poised to vote out its maps within the first few days of the annual session.

So far the political rancor has been fairly minimal although that could change quickly. Some South Florida Republicans have already been complaining about the treatment of U.S. Rep. Allen West due to a proposed shift that could make his seat more competitive. The question is whether state legislators will heed the complaints and push onward - or will they engage in more tinkering which could spark even more infighting.

There hasn't been a loud chorus of threats of lawsuits or recriminations yet. But it's hard to believe that debate and arguments over redistricting won't heat up and bog down the process at some point.

Does the casino bill really have a chance of passing? There's no doubt that one of the more enticing storylines of the 2012 session is the fate of the mega-casino bill sponsored by Sen. Ellyn Bogdanoff and Rep. Eric Fresen.

In the last few weeks, the list of proponents and opponents has been growing (although Gov. Rick Scott has deliberately chosen to remain rather quiet about whether he would sign the bill).

After a series of workshops, Bogdanoff late last week filed a massive rewrite of the bill intended to try to win over critics and votes. The measure now includes a voter referendum option, including giving voters in local counties the option of deciding whether or not to let local dog and horse tracks add slot machines.

Usually high-profile legislative fights pitting deep-pocketed groups against each other result in nothing getting passed. One of the main axioms of the Florida Legislature is that it's 10 times easier to kill a bill than to pass a bill.

Right now many Capitol observers are anxious to see if the bill can actually make it out of its first committee and then actually get passed by the full Senate. The fact that the Florida House has shown no signs of seriously considering the bill has fed speculation that the legislation is doomed for this year.

Of course, sometimes major initiatives take more than one year (and when leadership changes). So part of the battle for this year may be just demonstrating to doubters that a fair number of legislators are willing to support the bill this time around. That could set the stage for its return in 2013.

What does Dean Cannon really want? The session is starting with a bit of uncertainty because Cannon has been reticent to discuss what he would like to see happen during his last session as House Speaker.

Cannon last year waited until the eve of session to let everyone know he wanted to pursue far-reaching changes to the judicial branch, including a proposal to break up the state Supreme Court into two separate branches. (In the end Cannon got a watered-down constitutional amendment that makes some changes but none as dramatic as he initially proposed.)

Heading into this session Cannon has basically insisted his main priorities are the budget and redistricting, or the two things that the state constitution requires the Legislature to do this year.

That gives Senate Republicans less leverage to use against Cannon in trying to get some of their priorities passed and makes it harder for dealmaking to occur. (And it's worth noting that Rep. Will Weatherford, R-Wesley Chapel and the incoming House Speaker has sponsored zero bills so far this year as well. So there's limited leverage against him as well.)

How serious is Gov. Rick Scott's budget veto threat? Last month Scott did a turnabout on school funding. In less than one year he has gone from advocating a 10 percent cut in funding for schools to pushing a $1 billion increase and threatening to veto the entire budget unless there is a "significant" increase.

Initially Scott would not say what a "significant" increase is. But in later interviews, he said he likes $1 billion.

Scott has said his push for more school funding came after spending months listening to Florida voters who have told him education is a top priority. It may have also something to do with that fact that some in Scott's inner circle think that education cuts may have contributed a big part to his lagging poll numbers. Some public polls have backed this up, pointing out that some of other Scott's initiatives, including drug testing welfare recipients is popular.

The governor, however, relied on deep budget cuts in hospitals and health care spending in order to free up the money needed to increase funding for schools while also filling a nearly $2 billion budget gap. Such deep cuts may prove to be a hard sell to GOP legislators who are getting lobbied heavily by hospital officials who warn that the cuts will lead to layoffs.

So legislators must decide to either find other cuts to meet Scott's school funding goals - or they must pare back the increase sought by the governor to something more manageable. A much less likely scenario is that legislative leaders could shrug off Scott's threat since Republicans hold a supermajority in both the House and Senate and override a veto.

One other solution, of course, is to hope for extra revenue. And that's one advantage of potentially waiting for voting on a budget. If the economy continues to slowly recover, there's a chance that it will be easier to meet Scott's goal and avoid a confrontation.

What issue not on everyone's radar screen now will blow up? This is a reoccuring question because nearly every year there is a legislative initiative that seemingly comes out of nowhere and dominates debate and headlines in the final days of the session.

Part of it is due to the fact that the rules allow legislators to change bills at a moment's notice. Past examples include controversial bills dealing with abortion and elections. There are also some bills lurking out there that could quickly dominate part of this year's narrative. Drug-testing for state employees and another stab at mandating E-Verify for employers are just two such measures.

With so much attention concentrated on redistricting, it's easy to imagine a scenario where attention quickly shifts to something else if redistricting passes as easily as legislative leaders expect. 

It seems that each session of the Florida Legislature is like a hurricane, with its path and intensity quite unlike the storm that preceded it.