The Fine Print

The coming clash for Tallahassee lobbyists and other lobbying tidbits

Consider this an all-lobbyist edition of inside the bubble news....

While much of America is waiting for Nov. 8 to come, the date that Tallahassee's lobbying corps is waiting for is Nov. 10.

That's the date that incoming House Speaker Richard Corcoran (pictured left) has said he will distribute proposed new rules for the Florida House.

And judging by the chatter among lobbyists, they are viewing it as an oncoming train that will roll right over them and greatly affect the $100 million-plus a year influence industry.

Corcoran, a Republican from Land O' Lakes, has made no secret of his intention to blow up the process or in the words of his GOP caucus designation speech "cleaning up our own house."

And that means adopting rules and laws that will greatly impact what lobbyists can and can't do - and impact what legislators can and can't do.

One of his most notable proposals is his plan to end the "revolving door" between the Legislature and lobbying by pursuing a constitutional amendment that would bar legislators from lobbying the legislative or executive branch for six years not two.

But another big change  - which Corcoran himself alluded to a year ago - and which is expected to show up in the new rules is a requirement that lobbyists disclose a lot more information.

Lobbyists will be required to not only name their clients, but to force them to disclose - at least on the House side - the names of the bills, amendments and even the appropriation items they are lobbying House members on.

There's no doubt that if this goes through it will be one of the most substantial changes to lobbying since then-Senate President Tom Lee shepherded the gift ban bill that also required contract lobbyists to disclose (somewhat) how much they are getting paid by their clients. Corcoran's proposed change will allow reporters and the public to match the money paid to the lobbyists to the items that they are lobbying on.

Another big change under consideration (and first reported by The Tampa Bay Times) is a proposal to ban local governments including cities, counties and school boards from hiring contract lobbyists.

Corcoran, who has been unwilling to share many details of the proposed rules because there's still being worked on, told the Times that it's a "disgrace" that local governments use taxpayer dollars to hire contract lobbyists.

There are rumblings that there are many other changes in the works - including serious changes in the budget process now utilized by the Legislature.

Corcoran - with House Speaker Steve Crisafulli - already forced lawmakers to once again attach their names to budget items they were seeking. The question is whether there will be additional changes designed to bring additional transparency to the way the budget is crafted. Right now items drop into the budget at the last minute with little idea where it came from or who it will benefit.

Now will there be pushback? Absolutely.

Corcoran's motives are already under question, with some positing that this is his way of drawing attention to himself in a possible run-up to a 2018 bid for governor. Corcoran for the record demurs when he is asked the question and said he is gearing up to be speaker.

Regardless, however, the adoption of sweeping House rules will immediately place attention on the Florida Senate - which has had a rocky relationship with House in recent years. Will the Senate adopt similar rules on its side? Or will senators be forced to explain why a higher level of transparency works for one chamber but not the other?

When lawmakers convene for their organizational session on Nov. 22 it could be the start of a tumultuous period for the Florida Legislature and for the hundreds of men and women who rely on the Legislature for their living.

TALLAHASSEE'S LIKELY NEXT DEMOCRATIC CONGRESSMAN WAS ON PAYROLL OF BIG TRUMP BACKER

And speaking of lobbying, former state senator - and likely member of Congress after Nov. 8 - Al Lawson has been straight forward that he has worked as a lobbyist for the last several years for several clients including Florida State University and on behalf of school choice proponents.

But financial disclosures Lawson filed earlier this year revealed that he was on the payroll of the high-powered lobbying firm of Brian Ballard, who is a top fundraiser for Republicans including GOP president nominee Donald Trump. Ballard also has lobbied on behalf of Trump.

Lawson's financial disclosure filed May 16 with the clerk of the U.S. House lists Ballard Partners as source of income exceeding $5,000. This form said that Lawson's duties for Ballard Partners were "lobbying."

Three days later Lawson filed an amended form that changed his duties for Ballard from "lobbying" to "consulting."

(It's worth noting that Lawson's state lobbying registration filings do not show him registering for lobbying on behalf of Ballard.)

When asked about it a few weeks ago, Khloe Greenwood, a spokeswoman for Lawson's campaign said: "Senator Lawson is not currently on payroll with Ballard Partners. He was a consultant during the legislative session earlier this year, and provided counsel for governmental and public affairs on a variety of projects."

Still the connection to Ballard and his firm may have proved useful to Lawson in other ways.

Jacksonville reporters noted that Susie Wiles, a top Trump campaign operative in Florida who also works for Ballard Partners, helped Lawson in his campaign to unseat incumbent U.S. Rep. Corrine Brown. Lawson defeated Brown, who is currently facing federal fraud charges, in the Democratic primary. In one article there's a paraphrased quote from Wiles saying that the reason she's helping Lawson is because he had a good relationship with the Ballard firm.

Well, as his federal filings show, that was definitely the case.

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.