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.

Major change coming to powerhouse lobbying firm

A major shakeup is coming to one of the major lobbying firms in Tallahassee.

Former Florida Attorney General and Secretary of State Jim Smith is leaving the firm that he has run since 1998 with his son-in-law Brian Ballard.

Smith & Ballard is routinely one of the top money-making firms in Tallahassee. Ballard is known as a top fundraiser for Republican candidates and was especially close to former Gov. Charlie Crist.

The most recent legislative lobbying filings show that Smith & Ballard had close to 100 clients and collected more than $1 million in income during the first three months of the year.

The new firm is going to change its name to Ballard Partners.

In a statement, Ballard said: "The firm has enjoyed tremendous growth with the latest office expansion in Jacksonville and several new professionals joining the team this year. Our new name is another step moving Ballard Partners forward. I want to personally thank Jim for the unparalleled professionalism and value he has brought to our firm as we’ve advanced into what we are today. Jim will be missed and we wish him well in the future.”

Smith, who was heading out of the country on Thursday, would not answer questions directly about why he was leaving the firm.

"I've got nothing to say,'' said Smith as he was driving with his wife away from his office. "We're going to Europe."

In an official statement put out by the firm, Smith said: "The last thirteen years as a partner at Smith & Ballard have been rewarding, both professionally and personally. I extend my thanks to Brian and our dedicated team of professionals. I am very proud of what we have built and I have every confidence they will continue to thrive – I wish all of my friends and colleagues the best in the years to come.”

While Smith is leaving he is not ending his lobbying career. The statement from the firm said that Smith would continue to do public affairs and lobbying work.

Smith & Ballard has been expanding its operations outside of Tallahassee. Earlier this year the firm added a Jacksonville office and hired Susie Wiles, the campaign manager for Gov. Rick Scott.

Smith, 71, has been a fixture in Florida's political circles. He started as a Democrat and was elected attorney general. He ran for governor in 1986 where he lost the runoff election. He switched parties to Republican and became secretary of state in 1987.

 

Democrat and CFO candidate says it's time to stop trusting lobbyists

The Democrat running for chief financial officer says it is time for Florida lawmakers to stop trusting lobbyists.

Loranne Ausley is blasting the Florida Legislature -- as well as GOP opponent and Senate President Jeff Atwater -- for failing to follow a law that requires the state to verify how much lobbyists are getting paid to influence legislators, the governor and others in Tallahassee.

The Sarasota Herald-Tribune reported last December that the Legislature was not following a 2005 law meant to give citizens a better idea of how much money was flowing into the Capitol. Lobbyists have been required for four years to file reports listing how much they get paid -- but the state has relied on an "honor system" regarding these reports, despite the fact that state law calls for random audits.

"I think it's outrageous the Legislature and Jeff Atwater have refused to follow the law," Ausley said. "We need to clean up the pay-to-play culture in Tallahassee. We need to hold lobbyists and politicians accountable."

Brian Hughes, a campaign spokesman for Atwater, said instead of constantly criticizing the Legislature, Ausley should tell voters what she plans to do if she is elected.

The audit requirement was included in the 2005 law that also banned gifts to lawmakers from lobbyists. The GOP-controlled Legislature, however, has disagreed on how to carry out the audit requirement and raised concerns about the cost. Plus, hardly any accounting firms have been willing to take on the audit work.

Former Senate President Tom Lee, who pushed for the law, says there's "bipartisan" blame to go around.

Read the entire Herald-Tribune article here.

 

Lobbying income not "bullet proof"

Florida lobbyists reported receiving less money during the first six months of this year compared with the same time period in 2009.

This means that professional lobbyists were paid slightly less for work they did during the recently completed 2010 session. An analysis done by the Florida Tribune of new lobbying compensation reports turned in this past weekend shows that the median amount for the first two quarters was $61.8 million or $2.72 million less than the first two quarters of 2009.

"We are not bullet proof,'' said Brian Ballard, senior partner at Smith & Ballard. "People have cut back."

Keep reading here.

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

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

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

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

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

See more here at the Florida Tribune.

A lesson in how things really work in Tallahassee.

It took Peggy Lee six hours to drive from her home to Englewood to testify before the Florida Legislature about the need to provide more money to 911 systems.

But Lee -- the mother-in-law of murder victim Denise Lee -- learned in a matter of minutes how things really work in Tallahassee.

 

Lee got roughly 1 minute to talk to legislators on Wednesday. Lobbyists for and against a proposed bill on 911 funding got anywhere from 5 minutes to 20 minutes.

 

Roughly 30 seconds after Lee spoke, a House committee delayed action on the bill she testified on. A move was made to bring the bill back up later, but there was confusion over House rules, ultimately leading to a decision to shut the meeting down.

 

"We just feel very frustrated," Lee said. "I guess that's just how it works."

 

Read more here at the Sarasota Herald-Tribune.

Legislator will try one more time to get lobbyists to tell the truth

Sen. Alex Villalobos has had a change of heart.

Just two weeks ago the Miami Republican said he was giving up and had no intention on filing his "Truth in Government" Act that would require those testifying before the Legislature to swear to tell the truth.

But he said he changed his mind after talking to Senate President Jeff Atwater, R-North Palm Beach. He said the Senate president supports having lawmakers push ahead with several bills that deal with ethics, including some of those being sponsored by Sen. Dan Gelber, D-Miami Beach. So Villalobos refiled his bill, which would make it a crime to lie to a legislative committee. It would not apply to legislators and children.

"I see an opportunity given the president's desire to move bills that address ethics and corruption,'' said Villalobos this week.

There has been a renewed interest regarding ethics in the wake of a long list of scandals in the last year - including the arrest of Scott Rothstein and Alan Mendelsohn. Atwater was among those who met with agents from the FBI last year to discuss issues surrounding Mendelsohn.

Gelber said he too has talked with Atwater and he feels confident that some of his bills have a shot of success. Gelber has filed no less than eight bills dealing with campaign contributions, ethics, and the legislative process. Just last week he filed a measure, SB 1554, that would make it crime for any public servant to fail to advertise a solicitation for procurement.

"My sense is that the Senate president recognizes the need to do something,'' said Gelber. "I'm hopeful that a great number of bills will get a hearing if not approved."

Tell the truth in the Legislature? Not this year, maybe not ever

State Sen. Alex Villalobos, R-Miami, is giving up.

For the last several years Villalobos has tried to push a bill through the Florida Legislature that would have required those who appear before legislative committees to swear to tell the truth.

The legislation was an outgrowth of the contentious 2003 series of special sessions on medical malpractice where the Florida Senate eventually decided to place several officials - including the head of the state's main malpractice insurer - under oath. Villalobos concluded that the testimony before legislators would change dramatically if everyone who testifies would be put on notice that they could be charged with a crime if they lie. His bill was primarily directed at lobbyists since it exempted legislators from the requirement.

But Villalobos legislation has constantly gotten bogged down. Last year House leaders refused to move his bill beyond one committee.

So Villalobos has decided he won't file the bill again during his final session.

"I've never gotten traction,'' said Villalobos.

Villalobos said his inability to get the legislation seriously considered sends a message that lying in the halls of the Florida Legislature is no big deal.

"It says people can go to the Capitol and lie and nothing will happen to them,'' said Villalobos.

Better than recession proof? Lobbying income could top last year

Lobbyists in Tallahassee still don't appear to be all that affected by the Great Recession.

The latest batch of lobbying compensation reports due last weekend show that the amount of money paid to lobby the Florida Legislature is actually on pace to beat the 2008 totals.

The aggregated income total for 2008 - which is not an exact number (more on that later ) - was $116.4 million. The latest numbers for the first nine months of the year show that lobbyists have been paid $90.18 million so far. That's about $605,000 more than was paid to legislative lobbyists during the first three quarters of 2008.

Now that doesn't mean the numbers for individual firms haven't changed somewhat. The GrayRobinson law firm, for example, fell out of the exclusive Million Dollar club during the third quarter of this year and instead reported making somewhere between $500,000 and $900,000 during the period. Ron Book, Southern Strategy, and Smith & Ballard reported income of $1 million or more for the quarter.

All of this of course comes with a big caveat in how the numbers were generated. Lobbyists don't have to report exact amounts for how much each client paid them. Instead they report a range of payments. The aggregated total takes the midpoint of each range, with the exception of any payments $50,000 or higher. Lobbyists have to report the exact amount if it exceeds $49,999.

The totals reported above also do not include executive branch lobbying income. Depending on how you count it that could add as much as another $30 million to $90 million to the total. But past experience has shown that some firms double-report their income since they are paid one lump sum to lobby both the Legislature and executive branch.