The Fine Print

A Democratic casualty of the court and redistricting remains upbeat about her future

With the final days of the Florida Legislature's special session on redistricting winding down it's becoming clear that it is kind of, sort of, following the expected script.

There have been few unexpected moments _ such as U.S. Rep. Corrine Brown's tussle with reporters about the planned revamp of her district and the sight of U.S. Rep. Dan Webster returning to his old stomping grounds to ask GOP legislators to vote down a proposed map prepared by legislative staff and legislative lawyers.

But as the session reaches its conclusion _ with the anticipation that a final deal on a map will be reached in the next day and a half _ a  big parlor game for those in Florida politics is what's going to happen to U.S. Rep. Gwen Graham.

The daughter of former Gov. Bob Graham has widely been seen as a rising star for the beleaguered Florida Democratic Party. Her win last year over GOP incumbent Steve Southerland was one of the few bright spots for the party.

But that could all change.

In order to comply with a court ruling that required Brown's district to be changed the Legislature has settled on a proposal that would split Graham's home base of Leon County in half and shift Democrats in Gadsden County to the district now represented by Brown. The irony is that this proposal was taken from filings made by the groups that sued the Legislature and which was drawn up by Democratic operatives.

While last year was a mid-term year it's important to note that Graham won her current district by less than 3,000 votes.

One analysis points out that President Barack Obama only got 34 percent of the vote in the newly revamped 2nd congressional district as designed by the Legislature. Even though Graham has broken with Democrats in some places _ such as the vote for House Speaker  _ it would be hard to fathom her beating a Republican.

Some have speculated that maybe Graham could jump into another contest, maybe even the crowded scramble for U.S. Senate like U.S. Rep. David Jolly did when it became clear that his district would tilt Democratic.

Or maybe Graham bides her time and runs for governor in 2018. Graham noted Wednesday that even House Majority Leader Kevin McCarthy has recently inquired about her future plans.

But Graham says she isn't thinking like that.

She said she plans to "wait and see" what happens before making a final decision about seeking a second term in office.

And when she talks further Graham sounds like someone who isn't planning to make that decision in the near future. And instead she is a bit optimistic that she may be running for the seat she has now.

"I want to continue to serve," Graham said Wednesday in a phone interview shortly after she completed a workday at Southern Craft Creamery in Marianna. "I'm running under the assumption that I'm running for the seat in which I now serve. I truly love that I have the opportunity to represent North Florida."

Without going into detail, Graham is acknowledging that maybe the battle over redistricting won't be wrapped up anytime soon.

While the Florida Supreme Court gave the Legislature 100 days to draw a new map there is a chance that more litigation could derail everything again. Chief of course among the lawsuits is one filed by recently by Brown that contends the court ruling is leading to changes in the 5th congressional district that would violate federal voting laws. If a judge were to side with Brown it could require the drawing of a fourth congressional map since 2012.

"You never know what is going to happen,'' Graham said. "There's a good chance that everything remains intact for 2016."

Graham, who has avoided the Capitol even though she lives just a few miles east of it, said she believes in the Fair District amendments that created the legal challenge that forced the Legislature to act. Those amendments mandated legislators could not draw districts to favor or disfavor incumbents or a member of a political party.

But she did add, however, that no matter her political future she is opposed to the current Leon County split proposed by legislators.

"It is really a shame for Leon County,'' Graham said. "The whole point of Fair Districts was to keep districts from being gerrymandered. We're taking a district (CD2) that wasn't gerrymandered and turned it into two gerrymandered districts."

That almost sounds like it could be a passage in an amicus brief. And maybe, just maybe, it's premature to write Graham's political obituary.

Lawsuits, politics, and the House-Senate cold war: Why the real fight over redistricting may be yet to come

There's no doubt when the Florida Legislature kicks off its second special session of the year on Monday that lawmakers have the potential to bring a tsunami of changes to the state's political landscape.

Legislative staff and lawyers drew up a "base map" that has already riled some because of the way it divides Sarasota and Leon counties. U.S. Rep. Corrine Brown responded by going to federal court and asking a judge to block the state from changing her district from one that stretches from Jacksonville to Orlando to one that runs across the northern end of the state to west of Gadsden County. Brown asserts that changes would adversely impact minority voting rights and run afoul of federal law.

If adopted the plan could alter and end the Congressional careers of U.S. Reps. Gwen Graham and Dan Webster while resurrecting Charlie Crist yet again.

But there are a lot of signs that any efforts to make serious changes to this map may be quickly rebuffed by the GOP leaders in charge of the Legislature.

Take for example the rules rolled out for the session.

No lawmaker can propose just altering part of the map - they must introduce a entire new plan.

Additionally, in an effort to deal with any potential charges of partisan influence Senate President Andy Gardiner and House Speaker Steve Crisafulli will require that anyone who offers an amendment to be prepared to identify anyone who had a hand in it as well as "be able to provide a non-partisan and incumbent-neutral justification for the proposed configuration of each district, to explain in detail the results of any functional analysis performed to ensure that the ability of minorities to elect the candidates of their choice is not diminished, and to explain how the proposal satisfies all of the constitutional and statutory criteria applicable to a Congressional redistricting plan."

In other words not an easy task.

"We don’t have the know-how in terms of creating maps, we’re not map experts," said House Democratic Leader Mark Pafford. "And I don’t know if anybody really knows where to begin."

Sen. Jeff Clemons added that he expects most senators to move with caution because of the proscriptive nature of the July ruling from the Florida Supreme Court. It was that ruling, which not only threw out the current congressional map, but included specific suggestions such as reconfiguring Brown's district from a North-South configuration to one that runs East to West.

Sen. Bill Galvano, the top Republican guiding the redistricting efforts in the Senate, contends that the rules were not intended to dissuade anyone from offering up changes.

"We want to make sure we have a full record and that the reasons for amendments or proposals within the map are clear, delineated and on the record,'' Galvano said.

He also said it would be wrong to assume that the "base map" won't be fully discussed and vetted. Galvano added that he expects legislators to need all 12-days that have been set aside for the session.

But the political reality is that many legislators don't have a vested interest in what happens to these congressional districts.

Yes, it's true that the new map could lead to a shrinking of the GOP advantage in the Florida delegation.

But the real showdown in the Legislature isn't during this upcoming session - it's the special session planned for late October

That session _ when lawmakers will be forced to redraw the Senate districts _ will much more wide open. To begin with: While the state Supreme Court gives great insight to how the high court thinks about some of the logic used by the Legislature for congressional districts there's still wiggle room left for the state Senate seats.

"These congressional maps are going to be a good opportunity to learn what's important in relation to drawing the Senate maps,'' Clemons said.

And as had been reported elsewhere putting all 40 seats in play during a presidential year could tip the balance of what happens in the unresolved battle between Sen. Jack Latvala and Sen. Joe Negron for the 2017-18 Senate presidency.

That could prompt the Florida House to use its leverage especially since there are rumblings that there is still a divide between the leaders of the two chambers.

It wasn't by accident that the settlement over the lawsuit against the Senate included wording that absolved the House of any wrongdoing and placed all blame on the Senate GOP leaders. There's probably no way that the House leaders would have accepted the settlement without that crucial acknowledgement.

Of course the "Fair Districts" amendment prevents drawing lines to aid incumbents or people of a particular political party. But that won't stop all 160 legislators from being able to look at the maps themselves and reach their own private conclusions about what the political fallout will mean if certain configurations are adopted.

But this ongoing federal litigation may also come into play prior to that special session.

The lawsuit filed in Pensacola aims to wipe out the amendment as it has been interpreted by the state Supreme Court because it violates free speech rights guaranteed by the U.S. Constitution.  It won't impact this special session, but if a judge issues an injunction by October that blocks state officials from relying on the Fair Districts amendment, it could really shake up that special session. (Worth noting: The lawyer who is working on this case used to be the general counsel for the Florida House.)

Justin Levitt, a Loyola University professor who tracks redistricting cases, says federal judges are usually "skeptical" about free speech claims but he also said he expects the lawsuit to be taken seriously.

And what about Brown's legal argument?

He's not sure how that will proceed. First all, he notes that Brown is asking the court to block a new congressional district that has yet to be adopted. But he adds that while the federal Voting Rights Act does aim to protect the rights of local populations to choose a representative of their choosing there can still be multiple ways to meet the goal. Right now the "base map" keeps Brown's district with a black voting age population of 45 percent - down slightly from the existing 48 percent in the district.

"The Voting Rights Act does not force Florida to choose one over the other,'' Levitt said.

So where does that mean? It means that the next 12 days are just the pre-season to the real contest - and political infighting - that may lay ahead in the fall.

Rick Scott's top challenges for his second term

Florida Gov. Rick Scott, considered one of the most vulnerable governors in the nation last year, will this week be sworn into a second term and take his place in state history as just the second GOP governor to earn re-election.

Scott's priorities _ which are likely to be reflected in his inauguration day speech _ won't be much of a surprise since he is expected to repeat what he's been saying for some time now.

Scott will stress jobs, the state's economic recovery, tax cuts, as well as other key parts of Scott's re-election platform such as keeping college tuition costs down.

But key questions remain, including whether or not Scott gets any kind of "honeymoon" after his narrow re-election. And additionally, how will Scott fare with the distractions, scandals and other problems that loom on the horizon?

Any of these could be a test for Scott and his campaign-hardened team led by Chief of Staff Melissa Sellers. After winning by roughly 64,000 votes how much political capital does Scott really have, and more importantly, how will he react if legislators, lobbyists and other in Tallahassee start worrying about the next set of campaigns instead of Scott?

it can be argued of course that as long as the state's economy continues to recover that Scott has met his primary challenge and the one that he ran on.

But there's plenty of challenges Scott will confront in the coming year that could cause him problems and harm his eventual legacy.

Here's just some of them:

WILL REPUBLICANS REMAIN TRUE TO HIM? One of the most immediate challenges is what type of control Scott will retain over the Republican Party of Florida. Scott, with input from people like Sellers and former chief of staff Adam Hollingsworth, helped put people in place at the RPOF whose primary job was focused on getting Scott re-elected.

But for a variety of reasons there are those who aren't entirely trustful. With possible presidential campaigns for either U.S. Sen. Marco Rubio and former Gov. Jeb Bush gearing up, those loyal to Rubio and Bush harbor lingering doubts about the party. Look no further than the decision to give the keynote speech in the party fundraising dinner to Louisiana Gov. Bobby Jindal instead of trying to tap someone like Rubio.

The big test for Scott will come later this month when Leslie Dougher tries to win a new term as chairman of the state party. An early endorsement from Scott for Dougher did not dissuade Blaise Ingolia, a newly-elected state representative, from challenging her. Due to party rules Scott has a great deal sway over the executive committee, but a defeat of his hand-picked candidate would be a bit of a blow as he starts his second term.

ROLLING THE DICE AGAIN: Last year Scott tried to come up with a new compact with The Seminole Tribe of Florida that would allow the tribe to continue to enjoy parts of its ongoing gambling monopoly while giving a sizable boost to state revenues.

State legislative leaders made it clear that the deal would be dead-on-arrival due to the ongoing battle between other gambling interests, including those seeking to bring resort styled casinos to South Florida. Key portions of the existing deal with the tribe will expire this summer. Some legislative leaders, such as Senate President Andy Gardiner, have made it obvious that the end of this deal is not a major concern even if means the state would lose out on several hundred millions a year by allowing the existing deal to end.

Can Scott come up with a deal that keeps the tribe happy, keeps the money flowing into state coffers, yet can also get enough votes in the Florida Legislature?

PRISON DEATHS: Scott late last year agreed to give Julie Jones, the former head of the Department of Highway Safety and Motor Vehicles, a $160,000 a year job (on top of her state pension) to come out of retirement and take over the Department of Corrections.

Jones is stepping into the post at a time when the agency is under fire for inmate deaths and allegations of cover-ups. Right now the Florida Department of Law Enforcement is investigating dozens of inmate deaths and even today a legislative panel is expected to delve into all of the problems at the state's prisons.

Scott, who initially wanted to slash prison spending when he was running in 2010, has tried to keep his distance from the ongoing problems. But the ongoing investigations and problems with some of the privatization efforts pushed under his watch may put the scandal at his doorstep.

LEGISLATURE GOING ITS OWN WAY: Republicans who control the Florida Legislature went out of their way in 2014 to ensure Scott had a successful session as he moved into his re-election campaign. But there's been the feeling that it was an uneasy detente. Scott had a rocky relationship with many legislators when he first came into office because he defeated the GOP establishment candidate Bill McCollum.

Now with nothing else to run for _ right now at least _ how cooperative will legislators be? Gardiner has maintained Scott retains a good deal of sway due to his veto power. And there are reports from legislators that Sellers herself has tried to go out of her way to reach out to them in a friendly manner.

Some of Scott's priorities such as boosting school funding should be an easy sell to lawmakers.

The recent news that the budget surplus increased could also make it easier for Scott to get legislators to going along with additional tax cuts. But $1 billion over the next two years? Permanent elimination of taxes on manufacturing? A property tax constitutional amendment? Some of these may prove to be a bit more challenging once legislators delve into the nitty gritty details.

Other flashpoints could flare up as well: Gardiner himself during a session with reporters said that if there was a push to approve a new deal with the Seminole Tribe that he wanted a full-blown look at the operations of the Department of Lottery. Is that a sign that Lottery Secretary Cynthia O'Connell could find herself in for a difficult confirmation process?

Will legislators also fault Scott for how his Department of Health has handled implementation of last year's medical marijuana law? Some Democrats are already suggesting that the department may be trying to stall implementation because there is an opposition to the law from within the administration.

Put it all together and it could mean that even this year Scott could have a bumpy session.

PUBLIC RECORDS BATTLE: Scott remains locked in a legal battle over how his administration handled public records that is just one of the reminders of how the former CEO turned politician has dealt with the state's open records law. The governor is being sued for allegedly violating the state's public records law.

Some may view the motives of Tallahassee attorney Steven Andrews as suspect. But Andrews has been successful in many of his endeavors, including winning his initial lawsuit over a land dispute with the state as well as his defense of one-time aide Carletha Cole in charges that she illegally taped another aide in the lieutenant governor's office.

Chief Judge Charles Francis will be confronted with deciding whether or not he believes that Scott's office violated the public records law and did not timely produce records records for Andrews. The practical implication of an adverse ruling would be limited since we are talking about a civil lawsuit, but it would still prove to be historic if a judge found fault with the governor.

SCHOOL DAYS: This coming year Florida is expected to transition away from the Florida Comprehensive Assessment Test and replace it with a new test intended to measure how students fare on the new "Florida standards" that are largely modeled after Common Core.

Common Core remains a radioactive term with some conservatives. Scott has tried to assuage critics by asking Education Commissioner Pam Stewart to convene a group to look at the standards once again. Meanwhile Stewart is also being asked to "investigate" the use of testing in Florida schools.

The most immediate problem is ensuring that the new test is administered smoothly and that there aren't any problems in evaluating the work of students.

But the continued focus on Common Core means that it will continue to a potential distraction _ and political problem _ for Scott and state legislators.

The other dynamic, however, is Scott will find himself confronting Bush and his allies if the governor tries to dismantle any of the main elements of the Bush's education reforms that were put in while he was in office.

HIGHER EDUCATION: Scott could also create friction with business leaders and legislators over his ideas for higher education as well.

Scott has pushed vigorously to roll back tuition hikes - and take away the power to let universities raise their prices. In his inauguration speech, Scott will expand that focus to suggest there should be limits on graduate tuition hikes as well.

But Scott's austerity pitch will come at a time when some universities like the University of Central Florida and the University of South Florida are coming up with plans to expand their campuses.

While it's true tuition doesn't pay for new buildings, any expansion brings with it higher operating costs, which have to be paid from either tuition or state general revenue.

Schools such as Florida State University led by new president John Thrasher want more money to boost faculty salaries in an effort to move FSU into the ranks of the nation's leading public universities.

While legislators backed Scott's tuition plan during a campaign year, it may be harder for them to ignore the requests from university presidents _ and local leaders _ who want their schools to grow.

THE NEXT ELECTION: Scott has been fairly good at avoiding getting too involved in presidential politics _ or even other significant state and local races.

But he might find that difficult as both the 2016 presidential election and the 2018 state elections begin to heat up.

It's widely believed that Agriculture Commissioner Adam Putnam will seek the governor's office in 2018. Putnam and Scott don't have a close relationship, partly due to the fact that Scott has several times threatened to veto Putnam's top legislative priorities.

There are signs - like in last year's final Cabinet meeting - where Putnam has shown that he now has no problem challenging Scott. That could grow as 2018 moves closer and Putnam decides to show even more of his independence.

Chief Financial Officer Jeff Atwater may run for governor as well and may also be eager to distance himself from Scott.

Presidential politics could also prove to be a complicating factor.

When Scott ran for a second term, he relied more on Texas Gov. Rick Perry and New Jersey Gov. Chris Christie than someone like Bush. (Bush probably spent as much time or more campaigning for Putnam's re-election as he did for Scott.)

If Christie jumped into the 2016 presidential race against Bush, would Scott be able to stay on the sidelines after all the work _ and money _ Christie delivered to him?

What would Scott do if the Legislature decided to change Florida's primary date in an effort to help Jeb? Would he go along, or veto the bill?

And if Rubio were to bypass re-election and run for president what would Scott himself do?

Scott considered running for U.S. Senate in 2010 but opted instead to run for governor. When asked recently about his future, Scott said he ran for governor and has no plans to run for anything else.

Would that change, however, if it were an open seat? Or would Scott back someone like Attorney General Pam Bondi _ who he does have a good relationship with _ over other Republicans who also might be interested in seeking to replace Rubio?

Unlikely allies: Democrats and Scott administration defend write-in loophole

Every election year in Florida usually brings its share of litigation (although presidential election years usually have a longer list of lawsuits.)

There's a curious lawsuit now pending in a Leon County circuit court that has prompted a strategic alliance between two normal foes: the Florida Democratic Party and the administration of Gov. Rick Scott.

The lawsuit centers around a write-in candidate, Ronald Bray, who qualified in what is expected to be a contentious state House race between Broward County Commissioner Kristin Jacobs and former Rep. Steve Perman.

The entry of Bray into the race effectively closed the Aug. 26 primary, which for all purposes will determine the outcome of the election since a write-in has never won in Florida.

Florida voters in 1998 approved an amendment that was supposed to open up primary races to all voters regardless of party affiliation if candidates of other parties do not qualify. But a controversial Division of Elections opinion penned by the administration of then-Secretary of State Katherine Harris back in 2000 said that when a write-in candidate qualifies for the general election the primary must remain closed. That means many races in Florida, like this one, are routinely closed by the sudden appearance at the end of qualifying of write-in candidates. Here's a good story about it how it affected the 2012 elections.

Robert Adams, who describes himself as an independent voter in Broward County, filed a lawsuit to remove Bray on the grounds that Bray does not live in House District 96. His lawsuit cites a current state law that requires write-in candidates to live in their district at the time of qualifying.

Adams' lawyers were in court on Monday seeking a preliminary injunction so that Broward County officials would be forced to open up the primary. Judge George Reynolds apparently turned down the initial request, but has accelerated the process in order to render a quick decision. The two sides must file all their legal briefs on the case by this Thursday.

But Reynolds also allowed the Florida Democratic Party to intervene in the case.

And the Democrats are already making an interesting argument: That the law requiring write-in candidates to live in their districts is unconstitutional. The Democrats request to intervene contends this requirement is at odds with the state constitution, which has generally been interpreted to mean that legislators don't have to live in their districts until Election Day. (This argument is also being made by lawyers representing the write-in candidate.)

Also included in the motion is this: "The State Executive Committee of the Florida Democratic Party takes no position regarding the candidacy of the two Democratic candidates who have qualified for nomination and election to the office of State Representatives, District 96 (sic). Its interest in this litigation is in assuring that the provisions of the State Constitution establishing qualifications for candidates for the State House of Representatives are not eroded by adding additional qualifications, not otherwise specified in the State Constitution."

In essence, the Democratic Party wants to keep the primary closed to independents and Republicans. (One could wonder if this hurts or helps a particular candidate in the race.)

And who else wants to keep the primary closed for now? Secretary of State Ken Detzner, who works for Scott.

Attorneys for the Scott administration and state election officials contend in their legal briefs that opening up the primary now would create an "unnecessary burden" on election officials and could potentially disrupt the upcoming election. The legal brief notes, for example, that overseas ballots must be sent out by July 12.

"At this stage in the elections process, the relief requested by Plaintiff has the potential to jeopardize the accuracy and reliability of the election,'' states the department's filing. "Plaintiff’s proposal is to reverse the Supervisor’s current course and, in a matter of days before the Saturday, July 12 mailing deadline, restyle the ballots and reset the mailing to all registered electors."

The state's legal brief also throws out what it calls a "far simpler remedy" if the court does decide to disqualify Bray - conduct the open primary at the Nov. 4 general election.

(As a sidelight - another interesting element of the state's brief is that it argues that state election officials are not able to determine the "truth and accuracy" of someone's residency at time of qualifying so therefore the state did "nothing in error.")

This is the not the only time the state and Democrats have joined sides - they also did during a legal challenge to President Barack Obama appearing on Florida's ballot. But it's still a rare occurrence.

And just as important for Democrats it means that they can't complain when write-in candidates suddenly appear to close off Republican primaries to Democratic voters.

Secrets, power, and the law: A quick guide to Florida's redistricting trial

More than two years after lawsuits were first filed a trial is scheduled to open up this week in Tallahassee that challenges the constitutionality of Florida's current congressional map. The trial could last up to 11 days.

Here's a quick run-down to explain what it's about and what's at stake.

WHAT'S HAPPENING: Two different sets of plaintiffs, including a coalition led by the League of Women Voters, have challenged the legality of maps drawn up and passed by the Republican-controlled Florida Legislature. The lawsuit asks Circuit Court Judge Terry Lewis to declare the congressional maps invalid because they violate a constitutional amendment that requires districts to be drawn in a way so they do not favor any one political party or protect incumbents. The "Fair Districts" amendment was passed by voters in 2010. This lawsuit will answer questions on whether legislators complied with these new standards _ after opposing them initially _ or instead gave them lip service and engaged in a "shadow" process as the plaintiffs allege to draw up districts that favored Republicans.

WHAT'S AT STAKE: Ultimately the makeup of the Florida delegation of the U.S. Congress.

Right now there is a 16-10 GOP edge (although one vacant seat is expected to be won in June by Republican Curt Clawson). The judge could decide that the current map is in fact unconstitutional and require that the map be redrawn. The plaintiffs behind the lawsuit argue that no less than 10 existing seats violate the standards: CD 5 held by U.S. Rep. Corinne Brown, CD 10 held by U.S. Rep. Dan Webster, CD 13 held by U.S. Rep. David Jolly, CD 14 held by U.S. Rep. Kathy Castor, CD 21 held by U.S. Rep. Ted Deutch, CD 22 held by U.S. Rep. Lois Frankel, CD 26 held by U.S. Rep. Joe Garcia, CD 27 held by U.S. Rep. Ileana Ros-Lehtinen, CD 15 held by U.S. Rep. Dennis Ross and CD 25 held by U.S. Rep. Mario Diaz-Balart.

It's Brown's district, which winds its way all the way from Jacksonville to Orlando, that may be the one that is most impacted by the litigation.

That's because in the middle of the 2012 session two legislators in charge of redistricting - now Senate President Don Gaetz and House Speaker Will Weatherford met privately with staff and decided at that time to boost the number of African-Americans in Brown's district so that it was a so-called "majority minority" seat instead of having roughly 48 percent African-American voters in the district.

When asked about this in a deposition Weatherford contended that the Senate had made a "compelling" argument to do this because it would help any legal challenges to the maps. The plaintiffs allege that this action wound up taking Democrats from other Central Florida districts and was done to make two other GOP seats safer.

KEY MOMENTS TO WATCH FOR DURING TRIAL: It is expected that during the trial both of Florida's legislative leaders Gaetz and Weatherford will be asked to take the stand. The two men were in charge of the redistricting process in 2012 before they ascended to their current positions. The two men are being forced to testify because the state Supreme Court in a 5-2 decision ruled that legislators and legislative staff are not covered by legislative privilege when it comes to deciding whether or not they violated the "Fair Districts" amendment. Other people who could testify include former House Speaker Dean Cannon as well as legislative staffers, lobbyists and consultants.

THE ALLEN WEST DEFENSE: Another thing to watch for is how many times former U.S. Rep. Allen West's name is mentioned during the trial. It's no secret that some conservatives howled at how the changes proposed by the Florida Legislature wound up affecting West who wound up losing his re-election bid after shifting to a new district. In the past Weatherford and other legislative leaders have insisted they were following the law and that they did not intentionally target West.

But West is already being used by attorneys representing the Legislature as defense exhibit No. 1. House attorney George Meros cited the loss of West - as well as the losses of several other Republicans - as evidence that everything legislators did was on the up and up. The question is how this defense will be viewed by the conservatives and tea party groups that like West.

WHY TALLAHASSEE INSIDERS CARE SO MUCH: While the lawsuit could have reverberations for members of Congress, the litigation also threatens to expose the behind-the-scenes relationships that exist between consultants, lobbyists and Florida politicians. The plaintiffs allege that GOP consultants played a role in helping craft the maps. One of Cannon's top aides - and now working with him at a lobbying firm - sent draft maps to a Republican political consultant. Meros publicly told Judge Lewis in a recent hearing that Kirk Pepper had "breached" his duty to Cannon and that Cannon was furious at him over it.

But there's more than just that: Documents and emails produced in connection with the case have highlighted meetings between legislative staff and GOP consultants and even national GOP officials right after the amendments were passed. What has surfaced so far has also raised questions as to the relationships between legislative leaders such as Cannon and Gaetz and well-known Tallahassee consultants Rich Heffley and Marc Reichelderfer. The Naples Daily News pointed out that Heffley for example was paid $10,000 a month as a redistricting consultant while Gaetz was drawing maps for the Senate.

Meanwhile, for those pushing the lawsuits they have had to answer questions about their own motivations since documents have shown that it was Democratic consultants who helped produce a map that was initially submitted to the judge as an alternative to the map now being challenged. In one colorful passage, a consultant talked about wanting "to scoop as many Jews" out of particular neighborhood in order to bolster the district of U.S. Rep. Debbie Wasserman Schultz and who is also the chair of the Democratic National Committee.

CONFIDENTIAL AND HUSH-HUSH: One of the other big storylines for the trial is why Republican consultant Pat Bainter and his firm Data Targeting are fighting so hard to keep out of public view hundreds of pages of documents taken from the firm. The groups pushing the lawsuit want to use slightly less than 100 pages as exhibits in the trial. But Bainter's attorneys _ who are being bankrolled by the Republican Party of Florida _ have now gone to an appeals court to fight from making the documents public. The court last Friday said it would keep the material secret while it considers the appeal.

On the very least this means the trial will have to start without these secrets from spilling out, and in the end it's possible that the judge can still use the evidence even if the public never knows what it is.

The battle, however, points out that the attorneys pursuing the case are relying a great deal on material they got from consultants because they were less successful in obtaining a lot of behind-the-scenes material from the Legislature itself.

Let's not forget that it was just winter that legislators acknowledged that some records related to redistricting had been destroyed although they contended was not to thwart the lawsuit.

COST TO TAXPAYERS: And while this drags on taxpayers keep footing the bill.

In the build-up to the trial, the state's taxpayers have spent a lot of money to defend the GOP-controlled Legislature's actions. The Florida Senate has spent at least $2 million, while the House had spent more than $600,000 by last fall. (Still awaiting a more to up to date figure from the House.) You can expect that cost to rise significantly after a trial - and possible appeals depending on which side loses.

WHEN WILL THIS BE DECIDED: Very soon. The trial is not being decided by a jury but the verdict instead will handed down by Lewis. He said at a recent hearing that he plans to make his decision between now and the end of June. That's because Lewis is being switched over to criminal proceedings in July. He said he wants to have this wrapped up before he makes that move.

The Constitution, an obscure legislative panel and millions of dollars in the balance

Twelve years ago Florida lawmakers created a unique new entity that was intended to deal with budget matters that could spring up during the 10 months in between the annual sessions.

It was called the Legislative Budget Commission and it is a joint panel of 14 House and Senate members.

One of its champions was veteran legislator Jim King.

King, a Jacksonville Republican and evental Senate President who died three years ago, said he wanted to create more openness about important budgetary decisions.

King said each year the Florida Legislature would approve budget items only to discover later that they were changed or ignored by budget amendments that were adopted once lawmakers had left town. Before the creation of the commission budget changes could be agreed to by concurrence of the governor and a handful of top legislative leaders.

The Senate placed the commission in a budget planning bill that was passed in 2000 and signed into law by then Gov. Jeb Bush.

It didn't take too long for the use of the commission to become a flash point. When King was president he found himself in a tug-of-war with the House over the proper role of the commission.

Back in 2003 then Rep. Bruce Kyle questioned whether or not the commission had the constitutional power to approve changes to the budget instead of forcing a vote by the entire Legislature. The argument - and similar to one that would also be at the heart of the bitter dispute over Terri Schiavo - was whether or not the Legislature could delegate some of its prime duties to others.

Kyle said at the time about a pending budget request that it was "best to let them wait for both chambers." Kyle added that it was not the job of the commission to "rubber stamp" spending requests from state agencies.

The Senate responded to the ongoing criticism by placing a constitutional amendment on the 2006 ballot that enshrined the commission in the constitution.

The measure, which included other issues including the creation of a yearly three-year fiscal outlook and a cap on the use of non-recurring funds in the budget, was sponsored by then-Sen. Jeff Atwater and was a top priority of then-Senate President Tom Lee.

Flash forward to Wednesday when the Legislative Budget Commission is scheduled to take up a controversial plan to privatize health care prison operations.

The union that represents state workers is already arguing that the LBC lacks the legal ability to approve such a change because it was not expressly approved by the entire Legislature. Tom Brooks, an attorney for the American Federation of State, County and Municipal Employees, told reporters this week that AFSCME is prepared to sue to stop the privatization plan that could affect nearly 3,000 employees.

The debate should be interesting because behind closed doors there are routinely debates about whether or not a budget amendment should be taken up and considered by the LBC.

For example, earlier this summer some Senate Republicans were quietly opposed to a plan to approve new funding to the county clerk of courts. Their argument? The Florida Legislature had approved a budget without the extra funding - and therefore the commission could not contravene that decision.

But thanks to a push by incoming House Speaker Will Weatherford the commission went ahead and approved the extra funding at its August meeting.

Many of the decisions by the commission are routine such as granting budget authority for agencies to spend newly-received federal grants or letting the Department of Transportation roll forward $1.6 billion worth of road-construction money from one fiscal year to the next.

There is sure to be some legal arguments that the commission has the ability to approve the privatization plan thanks to this law.

In the end, however, if AFSCME does take the privatization plan to court it could finally answer lingering questions about the legality of the budget commission and the limits on what types of budget decisions can be decided by 14 legislators or must be decided by the entire Legislature.

(UPDATE: The commission approved the privatization move as expected. And as expected the union went ahead and filed a lawsuit.)

Rick Scott vs. the Tea Party?

Last fall a group of conservative activists including some Tea Party leaders who backed Rick Scott for governor went into court to get a federal judge to strike down some of the state's campaign finance laws.

Flash forward several months and it turns out that backing Scott doesn't guarantee a free pass with his administration.

The state of Florida -- led by the top elections official appointed by Scott - is actually mounting a vigorous legal defense.

If the lawsuit is successful, groups could raise money to challenge constitutional amendments without having to disclose their donors or include disclaimers on any ads that they run. There are already seven amendments on the 2012 ballot.

This week both sides laid out their legal arguments that will be used to decide whether the state’s campaign finance laws are constitutional. The case is scheduled to go to trial in September but a ruling is expected without having to hold a trial.

Most of the arguments center on recent federal campaign finance rulings - including last year’s contentious Citizens United case that struck down restrictions on independent  “electioneering communications.’’

But lawyers for Secretary of State Kurt Browning -- who is now the main defendant in the lawsuit -- argued in their filings that “invalidating Florida’s challenged political committee laws will destroy the well recognized informational interest of the public to know who is speaking to them about campaign issues.”

You can read more about it here at the Florida Tribune.

Scott promises "eight years" that won't be boring

Rick Scott, the Naples businessman who shocked the political establishment in 2010, appears ready to push ahead with plans to shake up all of state government.

In a lengthy interview given days before he will sworn in as governor Scott even joked: "You think the next eight years will be boring? You will have plenty to write about."

You can read about the entire interview here at the Sarasota Herald-Tribune.

During the interview, which was given in the same room in the Capitol that former Gov. Jeb Bush used as his office, Scott touched on a number of subjects. But he didn't provide a lot of details, insisting instead that he will unveil comprehensive proposals between now and Feb. 4 when he must submit his first budget recommendations to the Florida Legislature.

But here are some key highlights:

* Scott still plans to donate his salary to charity, sell off the state plane and put his assets in a blind trust. The governor-elect says he has not yet decided who will get his more than $130,000 a year salary but that hasn't stopped people from already asking him for the money.

* Scott will decide by next week whether to withdraw some of the appointments that Gov. Charlie Crist has made in the waning days and weeks of his administration. Scott can call back the names of anyone who has not yet confirmed by the Florida Senate. "We're keeping all of our options open on what we're going to do," he said.

* The governor-elect has still not made his mind on what changes he will push to the Florida Retirement System other than requiring employees to contribute part of the cost.

* Scott wants to push ahead with his ambitious plan to expand the use of school vouchers, but he is still not sure if he will first ask the Florida Legislature to place a constitutional amendment on the ballot that would help make such a program immune to legal challenges.

* Scott will not back down from his promise to cut property taxes - even as the state struggles with a $3.5 billion budget gap. He also seems confident that he can accomplish his agenda - and take on other big items as well.

"It's not daunting,'' Scott said at one point. "It's going to be fun. It's going to be exciting."

* Scott said he will weigh in during the month of January on who he thinks should be the next chairman of the Republican Party of Florida. Scott personally interviewed candidates for the job at the party quarterly meeting last month.

* Scott, who has never held public office before, said he tried to turned to those from the private sector for top jobs in his administration because "I want to have people who have accomplished things and know what they are doing."

 

 

 

 

Florida's wild expensive election could have big stakes

Florida's bitter, expensive and wild election season will finally lurch to a close on Tuesday.

Voters, besieged by a barrage of political ads, could be forgiven for thinking that the main issues are Medicare fraud, lockstep devotion to President Barack Obama and reckless plans to raise taxes.

But the election's impact on a state with a million residents out of work and hundreds of thousands of homes in foreclosure looms far more prominently than all that campaign vitriol filling airwaves and mailboxes.

"I think that Florida is at a crossroads and so is our country, and the Florida election can make a determination of the future of America," said Gov. Charlie Crist, running as an independent for U.S. Senate.

Crist's decision to leave office after just one term to run for a Senate seat helped spark a frenzied run for governor and marked the first time in more than 100 years that both the governor and all the seats on the Cabinet were open at the same time.

Democrats hope to win back the governor's mansion after 12 years of Republican control and begin to chip away at GOP dominance of the Florida Legislature.

"There's an opportunity here in this election to bring some balance back," said Karen Thurman, chairman of the Florida Democratic Party.

Florida voters could help decide the direction of the country and the state. They could help Republicans seize the U.S. House, give the Legislature a veto-proof majority, or pass amendments that could alter the state's political makeup.

A longer look at Florida's high-stakes election can be found here.

Next Senate President not bothered by a no vote on all amendments

Florida voters were supposed to get a crammed ballot this November that would ask them to weigh in on everything from school class sizes to federal health care reform and property taxes.

But a flurry of lawsuits coming from opponents of the amendments -- most of which were placed on the ballot by the Republican-controlled Legislature -- could block many of those proposals from being voted on this fall.

Six of nine proposed constitutional amendments on the 2010 ballot are tied up in court fights. And two measures have already been tossed from the ballot by lower court judges, although each of the cases probably will not be resolved until the state Supreme Court rules.

The latest to fall came Friday when a Leon County judge threw out a proposed amendment that advocates said would have been a boost to Florida's ailing real estate industry.

One lawyer involved in the fights is putting the blame on state lawmakers for crafting amendments that he says are intended to "deceive" the public. But Sen. Mike Haridopolos, R-Merritt Island, asserted that lawmakers have done all their work in the "sunshine."

But Haridopolos said with all the confusion surrounding the amendments voters could wind up rejecting all of them. And he says he has no problem with that.

"I would be fine if everyone voted no on all the amendments."

Here's the full story at the Sarasota Herald Tribune.