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.

The roots behind the Rick Scott-Adam Putnam showdown

It shouldn't be a surprise to anyone, especially those in "Scott world" that Agriculture Commissioner Adam Putnam came out so forcefully against Gov. Rick Scott's decision to back the expansion of Medicaid. Putnam called it "naive" and blasted the decision during a speech he gave in Tallahassee.

There are those who already jumping to the conclusion that Putnam is readying himself to a primary challenge against his fellow Republican.

That still appears to be unlikely.

But there has been a feud quietly building up in the last two years.

There are signs - and speculation among those close to Putnam - that he has been viewed as a possible threat ever since the two men came into office in early 2011.

Whatever the reason there is no question that Putnam and his staff have been put on the defensive in back-to-back legislative sessions because each year the governor's office has hinted at the possibility of a veto of Putnam's top legislative priority.

In the first year the Scott administration discussed internally whether to veto a bill that shifted control of the school lunch program away from the Department of Education and over to the Department of Agriculture and Consumer Services.

The main resistance to the legislation came from the State Board of Education (and which had been contemplating banning chocolate milk in schools), but Putnam was able to shepherd the measure through the Legislature and on to Scott's desk without much resistance. Putnam had managed to build up a coalition of support for the legislation and in the end Scott approved the bill.

But that wasn't the end of the tug-of-war between the Scott administration and Putnam's office.

The same year Putnam won control of the school lunch program the Legislature also gave Putnam a larger say over energy issues.

He followed it up in 2012 by pushing what he termed a modest energy bill that restored tax credits for renewable energy projects. That bill, however, ran into fervent opposition, especially from tea party groups and Americans for Prosperity-Florida, which contended the measure created winners and losers.

Scott let the bill become law - but without his signature.

In a letter announcing his decision Scott wrote that he let it become law out of "deference" to Putnam and the legislators pushing it. But he also questioned whether the bill would produce results. "Absent clear documentation that the proposed tax credits have produced a sufficient return or provided significant cost savings for the state's taxpayers, I will request their repeal," Scott wrote.

Putnam referenced the near veto recently - and explained it was why he decided to opt against recommending any major legislation this year.

"We found widespread support in the Legislature and we very nearly had it vetoed," Putnam told Bruce Ritchie of The Florida Current. "So moving forward, we think it's important there is a clear understanding what all of the interested parties' expectations are for future energy development in Florida."

Another warning shot from Scott to Putnam came right after the governor signed his first budget into law. In his veto message Scott openly questioned the "value" of two divisions under Putnam including the Division of Consumer Services. He wrote that Putnam's office had not done a good enough job to justify the money spent on the two divisions and suggested he might eliminate it in the future.

The tension between Scott and Putnam has also been on display during meetings between the governor and the Cabinet. If you watch closely there have been numerous times that Putnam has gingerly waded into some issue, only to cut himself off and not press the item any further. It almost seems as if he wants to say something, but then decides it's not worth the fight.

This coming week will mark the first time that Scott and the three members of the Cabinet - Putnam, Attorney General Pam Bondi and Chief Financial Officer Jeff Atwater - have met publicly since the Medicaid expansion debate began.

Bondi and Atwater have also criticized the decision by Scott to support Medicaid expansion.

Bondi and Scott have for the most part forged a close-working relationship prior to this moment so it's not clear whether this will prove detrimental. Atwater and Scott have had some mild disagreements - particularly in the arena of insurance regulation and Citizens Property Insurance - but the two did work together on pushing changes to the personal injury protection law (PIP).

The biggest question moving ahead is whether Putnam, Bondi or Atwater take time to keep up their opposition to Medicaid expansion and actively lobby against it in the Legislature.

All three members have side-stepped many controversial issues since coming into office in 2011 - refusing to take a stance on numerous items.

Case in point - Putnam was slow wading into the debate over Internet cafes even though the storefront operations have been able to expand by contending they fall under sweepstakes operations (which are regulated by Putnam's office.) It wasn't until after his first session as commissioner that Putnam suggested lawmakers needed to decide if Internet cafes were legal.

But with 2014 right around the corner it will be interesting to see whether or not Putnam - as well as Bondi and Atwater - decide to ratchet up their profiles and battles with the governor.

Now that the party is over: Reflections on Florida's convention

The Republican National Convention ended late last night in Tampa with the coronation of Mitt Romney as the GOP nominee.

Here's a few reflections and quick takeaways on what the first convention held in Florida since 1972 means for the state.

1. Enjoy the feeling Floridians. Given the close brush near the convention by Hurricane Isaac, one has to wonder when Florida will get the chance to host another convention. While the convention went off without any large scale problems the fact that the storm forced planners to cancel a day of events may leave future party leaders skeptical about a return to the Sunshine State.

2. Does the convention propel Tampa Mayor Bob Buckhorn into the conversation about Democrats who could run statewide? Buckhorn made the most out of being the chief ambassador for the region and he seemed to bask in the limelight that came with it. The fact that the convention was not marred by the serious protests and arrests that have occurred at other conventions could also help his reputation.

3. Did Hurricane Isaac help Gov. Rick Scott's image? Scott's decision to bypass convention events until the final night and instead focus on the state's response to Isaac brought praise from people like Buckhorn and Republicans such as Jeb Bush.

"It was smart of Gov. Scott to do his job of preparation and response,'' Bush said.

Bush is one person who knows that successfully handling hurricanes can help one's image. When he left office Bush remained immensely popular despite pushing policies that did not always poll well with voters. That popularity was due in part to the serious and organized way he dealt with the eight hurricanes that hit the state in 2004 and 2005.

Here's more on Scott's decision to focus on the storm and tourism instead of "yucking it up" at the convention.

 4. Was this Pam Bondi's one brief moment in the limelight?

Florida Attorney General Pam Bondi got her time during the convention doing a tandem with Georgia Attorney General Sam Olens criticizing the federal health care overhaul pushed by President Barack Obama.

Some commentators found the presentation confusing and stilted, but it may be more important to note that this might be the last hurrah for Bondi on this issue. Florida's court case is now over. And it will be up to voters to decide whether or not the federal care overhaul should be repealed or kept in place since Romney has vowed to eliminate it if he gets in office.

Bondi made the health care lawsuit her primary focus during her first two years in office. While she has also gone after prescription drug abuse, it seems that there could be a bit of vacuum for Bondi now that the health care lawsuit is finished.

Bondi, for example, has not adopted the same populist outlook that characterized previous AG's such as Charlie Crist and Bob Butterworth. Both Crist and former Attorney General Bill McCollum battled utility companies over rate hikes but Bondi so far has chosen to "monitor" rate hike proposals and not fight them.

5. The convention only enhanced both the reputations of Bush and U.S. Sen. Marco Rubio.

Rubio's speech introducing Romney touched on many of the same themes he pushed during his 2010 campaign, including American exceptionalism and how his own biography is a manifestation of the American dream.

Where Rubio goes from here remains to be seen. We still don't know if how he would stand up to a constant vettting by the national press. Stories about Rubio's finances that were written by the Florida media would likely resurface in a much more specatcular fashion if he were to run for President.

As for Bush a run for national office is there if he wants it. Some speculate that Bush will stay on the sidelines and allow a younger generation to step forward. Maybe. But judging from the way he was treated at the convention he would become an immediate frontrunner for 2016 if Romney were to lose.

So what happened after Charlie Crist helped restore voting rights to ex-felons?

A new state report shows that roughly 11 percent of ex-felons who won back the right to vote in the last two years committed new crimes or were placed back under state supervision.

That differs greatly from a study released by the Department of Corrections in 2010 that showed that a third of all criminals released from a state prison usually wind up back there within three years.

The findings could reignite a controversy over a decision by Gov. Rick Scott and members of the Cabinet to make it harder for ex-convicts to regain their civil rights, which not only includes voting but the right to sit on a jury and to get a state license. The move in March made nearly 60,000 ex-felons ineligible.

Scott and Attorney General Pam Bondi said at the time that former prison inmates should have to prove they can go crime-free for at least five years before getting their rights restored.

But Howard Simon, executive director of the American Civil Liberties Union of Florida, said the July 1 report from the Florida Parole Commission backs up other studies that have shown criminals are less likely to commit new crimes if they are integrated back into society.

Read the rest of the story here.

The report tracks what happened to ex-felons from 2009 and 2010 who had their rights restored under rules approved by then-Gov. Charlie Crist. Crist came under fire for Republicans for pushing ahead with the policy in 2007. (Which was during the time period that George LeMieux was his chief-of-staff.)

The study marks the first time that Florida has even tried to go back and look at what happens after someone has their rights restored.

The decision by Scott and the Cabinet to make the rules harder of course comes a year before President Barack Obama will be on the ballot again in Florida. Simon and some Democrats have suggested the hardline toward ex-felons is based on a presumption that a large number of them are more likely to vote Democratic.

 

Political grandstanding or making sure that "justice" is done?

The battle to become Florida's next Attorney General may hinge on one simple question: What is the proper role for the state's top legal officer?

It is not just a semantic exercise, because it could have deep ramifications if the next Attorney General takes a more activist - and confrontational tone - against others in state government.

State Sen. Dan Gelber, a candidate for Attorney General, last week published a provocative piece where he sharply criticized Attorney General Bill McCollum - and former Agency for Health Care Administration Secretary Holly Benson- for defending the state in an ongoing lawsuit over Medicaid reimbursement rates. (Benson is one of the Republican candidates seeking to replace McCollum in 2010.)

The class action lawsuit filed by the Florida Pediatric Society and the Florida Academy of Pediatric Dentistry and on behalf of Floridians under 21 asserts that the state is violating federal requirements because its low reimbursement rates has resulted in many doctors refusing to treat Medicaid patients.

Gelber - who is running for Attorney General - contends that by taking the case to trial that McCollum and Benson are "fighting to block access to care for children."

"If he wanted to, our Attorney General could concede that is morally repugnant that Florida has the second highest rate of uninsured children in the nation,'' Gelber wrote. Gelber said that instead of fighting the case that McCollum should have settled it and forced the Legislature to spend more money on Medicaid.

This marks the second time that Gelber has threatened to fight the Legislature. Back in October he said that if he were Attorney General he would sue them over education funding.

Ryan Wiggins, a spokeswoman for McCollum, said it wasn't the job of the Attorney General to decide the policy of Medicaid reimbursement rates. Instead the Attorney General has a "obligation" to defend the state in lawsuits.

"Barring conflicts, it is the responsibility of the Office of Attorney General to represent the state, an obligation Attorney General Bill McCollum takes very seriously,'' said Wiggins. "Furthermore this is a policy issue that should be addressed by the Florida Legislature, not litigated in the courts."

The Republican candidates for Attorney General so far have stressed issues such as cybersafety and battling gangs as among the top priorities for the job. Benson on her website says she will fight government regulation on behalf of businesses.

State Sen.Dave Aronberg, a former assistant Attorney General who is challenging Gelber in the Democratic primary, said the job calls for a balancing act.

"As a former Assistant Attorney General, I watched as Bob Butterworth sometimes had to defend laws that he disagreed with,'' said Aronberg. "Other times, however, the Legislature can act so egregiously and in a way that will hurt the people of the state, that the Attorney General must refuse to go along. The key is to find the right balance without being either a rubber stamp for the Legislature or a political grandstander."

When asked whether or not he runs the risks of being viewed as a grandstander, Gelber responded that he believed the state's position on the Medicaid lawsuit was "contrary to the interests of Florida citizens" and that the state should have settled it "years ago." Gelber also said that the "failure of the Legislature" to provide a high quality system of education as required by the state constitution "violates the rights of the citizens."

"As the AG I am not the representative of an ordinary party to a controversy,'' said Gelber. "My obligation is not simply win a matter, but to make sure justice is done. I do have a much different vision of the office than the current AG - and I do intend to use the office to stand up for everyday Floridians even it inspires the ire of the Legislature."