The Fine Print

Short-lived truce or an end to the simmering GOP feud in Florida?

So everybody is smiling....for now

When Florida legislators wrapped up their special session Friday, the Republican leaders who guide the state appeared happy and sounded happy.

But after so much finger-pointing, after Gov. Rick Scott using television ads and campaign-styled events to criticize GOP legislators for pushing what he called job-killing legislation, after Senate Republicans saying enough is enough....will the simmering feud that exploded dramatically into public view the last few months finally end?

To recap: The three-day special session successfully ended after the House, Senate and Scott crafted a deal that gave Scott some of his top budget priorities -full funding for Visit Florida, money for a new business economic development fund, money for repairs to the aging Lake Okeechobee dike. Legislators also boosted overall funding to the state's public schools by $215 million - or $100 more per student.

Senate President Joe Negron, who appeared ready to blow up the session after saying the Senate had gotten left out of the negotiations, got the House to agree to set aside $60 million in university projects that had been vetoed by Scott just days before. (Scott for his part says he will accept them now.)

House Speaker Richard Corcoran got....well....

Publicly he stated that he got an overhaul of the economic development system where there are no more "winners and losers" because the new $85 million fund created for Scott cannot go to one specific company. Corcoran contended that the new approach in Florida will be far-reaching and will prompt other states to overhaul their economic development efforts. That same bill put in place changes for both Enterprise Florida and Visit Florida.

Of course the Legislature passed a bill during its regular session that also put in sweeping changes to Visit Florida and Enterprise Florida. Scott has said he will veto that bill, but he didn't say that until after Corcoran had pledged to put up more money for economic development efforts than the legislators did the regular session. The plain fact is if Scott had vetoed the initial bill passed by the Legislature then both Visit Florida and Enterprise Florida would have been completely dismantled for the coming year.

That has led to speculation - some of it suggested sort of by Negron - that part of the deal between Corcoran and Scott includes the governor signing a contentious education bill known as HB 7069. This bill is an amalgamation of education policy that was put together during private negotiations at the end of the session. It was included as a budget conforming bill, meaning it could not be amended by other legislators, and barely passed by just one vote in the Florida Senate.

This education legislation touches on everything from testing to recess to extra money for  the state scholarship program that helps disabled children. But it also steers state and federal money to charter schools, which are public schools but are privately-run, including sometimes by for-profit management companies. School superintendents, school boards, and other advocacy groups have called for a veto. Those who support charters and vouchers have called for the governor to sign it.

Scott and Corcoran have both said publicly that the governor did not promise to sign it as part of the special session agreement.

When asked point blank if there were a "quid pro quo," Scott quickly retorted he was still "reviewing" the bill. Corcoran has only said that he is "optimistic" that the governor will sign the legislation.

Scott also publicly contended that House Republicans retreated during the special session because he had gone into their hometowns and publicly criticized them.

"If you saw what happened, I traveled the state...for five and six months. I went and sold it and explained to people that this is what’s going on in session,'' Scott said. "I think everybody came to the conclusion this was good for our state."

(Now, please note - just because Scott says he didn't promise to sign the bill does not mean that Scott's staff did not promise. Scott's new chief of staff Jackie Schutz Zeckman met personally with Corcoran's chief of staff amid the negotiations that led to the special session deal. Zeckman doesn't officially take over until July 1 - but outgoing chief of staff Kim McDougal made the decision for ethical reasons to wall herself off from special session items and other high-profile matters.)

PATH FORWARD

So the question moving forward is this...if Scott does in fact sign the education bill - and the governor does in fact sign another high profile bill, SB 374 that is a top priority for Negron, it would theoretically put the relationship between all sides on a better foundation than it has been.

Remember, this GOP feud has been going on _ and building in intensity _ essentially since Scott got re-elected. Shortly after he was sworn into office for a second term Republicans blocked his pick to lead the Republican Party of Florida. Since then Scott for the most part stopped raising money for the party - which is controlled by Rep. Blaise Ingoglia, an ally of Corcoran.

The House and Senate had several meltdowns in 2015 as they bickered over Medicaid expansion and a way to end redistricting battles that were being fought in the courts. In 2016, led by Corcoran, the Legislature shredded much of Scott's agenda for that year. They rejected his ambitious deal with the Seminole Tribe of Florida.

Flash forward and Scott got a much better outcome during the special session than it appeared he was going to get this year. The governor talked about how he couldn't wait to go out across the state and "brag" about what happened.

But is there any longevity to it?

There are numerous examples that once someone gets sideways with Scott it's hard to get back in his good graces. (Consider the cold distance that separates Agriculture Commissioner Adam Putnam and Scott.)

Now of course next year is an election year - and there's a possibility that Scott, Corcoran and even Negron could be on the 2018 ballot. That could lead to a more amicable session and the prospect of everyone working hand-in-hand.

Let's not forget, however, the House-Senate relationship remains fragile. The night before the special session ended Negron went on a 30-minute plus lecture with the press where he expressed frustration that the Senate had stood alongside with Scott the last few months yet in the end it was Corcoran and Scott making amends and cutting the Senate out.

Corcoran himself over the weekend hinted things remain complicated.

He tweeted out that he was trying to explain his relationship with the Senate to his kids and he said "Taylor Swift nails it." He linked to a video of Swift singing "Out of the Woods" where she explains before performing it that that it was about a relationship where she constantly felt "anxiety" and was worrying about the "next roadblock."

The lyrics in the song include the lines: "We were built to fall apart/then fall back together...Are we out of the woods yet, are we out of the woods, are we in the clear?"

So what could cause things to fall apart?

There's a whole litany of them, including whether Scott decides to veto the higher education overhaul pushed by Negron, or if Corcoran pursues items that Scott doesn't want to be involved with during an election year.

Take for example the Constitution Revision Commission which has already seen a schism play out between Scott appointees and those appointed by legislative leaders. 

What if Gov. Scott, while running for the U.S. Senate, is on the ballot at the same time there's a sweeping proposal to eliminate property taxes and increase sales taxes in its place. (This was a centerpiece of then-House Speaker Marco Rubio's tax reform proposals when Corcoran was his chief of staff. This proposal briefly popped up last year in the House.)

Scott is also taking on an increased national role - taking the helm of a Republican super PAC and assuming a leadership position with the Republican Governors Association - that could take up more of his time and focus away from state matters.

Then there's the dynamic in the Senate itself which at times seems fluid. The GOP caucus in that chamber is often divided and it's not always clear who is in the loop. Will Republican senators remain loyal to Negron as his power begins to ebb during his second session?

"Are we out of the woods yet, are we out of the woods, are we in the clear yet?"

The power and the swagger: Richard Corcoran and his fight for "soul of the party."

Separated by a couple of hundred yards, a scene played out on Friday night that in a brief few moments captured the essence of the entire 2017 session of the Florida Legislature.

At one end Senate President Joe Negron made his case for why Republican Gov. Rick Scott should look favorably on the new state budget crafted by the GOP-controlled Legislature (and which will be voted on this Monday.)

Negron's logic was even though Scott didn't get what he want the Senate was always on his side. Senators backed Scott's request for money for business incentives and to fully fund Visit Florida, the state's tourism marketing agency. They just couldn't get the House to go along.

"On the Senate side the track record speaks for itself ,'' Negron told reporters. 'We've been a strong ally in the Senate of the governor and his priorities.'

Contrast that to  House Speaker Richard Corcoran who took a much more confrontational position toward the governor. (A governor by the way who has criss-crossed the state blasting GOP legislators and even running ads critical of legislators.)

'There's a war going on for the soul of the party,'' Corcoran said. "Are we going to be who we say we are?"

To Corcoran this "war" means opposing business incentives, or "corporate welfare' as he called them in the past. And in his brief session with reporters he also mentioned politicians who campaign saying they want to crack down on illegal immigration and are opposed to "the liberal socialistic health care policy called Obamacare" but then change their position when they get into office.

Without using his name directly, it was clear that Corcoran was taking aim at Scott, who flipped on Medicaid expansion (part of Obamacare) in his run-up to his re-election campaign and who ran in 2010 promising to take a hard line against immigration but then in 2014 signed a bill that extended in-tuition to the children of undocumented immigrants. (Corcoran voted against the bill even though it was strongly supported by then-House Speaker Will Weatherford.)

"I think what we need to do is elect leaders who say what they mean and mean what they say,'' said Corcoran, who maintains he has yet to make up his mind on whether he plans to run for governor next year.

Corcoran also predicted to reporters that he thought the House and Senate had the votes to hand Scott his first veto override if the governor does indeed veto the entire budget. (This requires a two-thirds vote of both chambers, which means Democrats will have to go along.)

His exchange with reporters showed that Corcoran - who talked before session of turning on the lights and finding the "cockroaches" that the Scott administration had allowed to flourish during six years in office - finishing the 60-day session with the same provocative, confrontational stance he had before it started.

Given everything that has happened over the last two months of the session it's not really surprising.

Along the way he pushed back against anyone - whether they were in media, his own party, or whomever - who challenged his statements or positions. Sometimes he did it in a lawyerly fashion (such as complaints about transparency weren't valid because the media focused on just one part and not the totality of the changes he pushed.)

But other times it was through sheer force.

He used the budget negotiations (largely behind closed doors) and Negron's own top priority to create a reservoir south of Lake Okeechobee to get the Senate to take up a proposed constitutional amendment that would expand Florida's homestead exemption. Corcoran was able to get the Senate to move quickly on this proposal even though it languished most of the session and was opposed by Sen. Jack Latvala, the Senate budget chief.

Corcoran also used his power in less visible, but still effective fashion (like shutting down session for long stretches in the final days when the pressure builds to act.)  It has been argued that his crackdown on lobbyists before session and the requirements about increased disclosure were more about giving him the speaker a clearer idea of where lobbyists may be taking aim at his agenda.

And on Day 60 Corcoran got the Senate to sign off on a nearly 300-page overhaul of education policy (some of it never seen in public before) that will also be taken up Monday on the final day of session. Corcoran used the budget conference process to place all this policy into two "conforming" bills (bills that change state law to conform to the budget) even though some elements of the legislation weren't ever included in the budget conference. He also got policy changes for Visit Florida included in a bill that initially just dealt with a "displaced homemakers" program.

Corcoran wasn't apologetic for the move, saying instead that the bill (HB 7069) and which includes his "Schools of Hope" proposal to shift students in low-performing schools over to charter schools was some of the "boldest most transformational" change ever and would even rival former Gov. Jeb Bush's A+ plan that put in place the state's entire school grading system.

The setbacks for Corcoran were few: His push for major ethics reform and judicial term limits were never taken seriously in the Senate. There's an argument that despite his pre-session warnings to avoid them that there were plenty of special interest fights . Witness the drawn-out battle over the so-called "Whiskey and Wheaties bill" - which would allow grocery stores to eventually sell hard liquor - as one example. (Corcoran, who appeared to take a strong interest in the measure, maintains his backing of that bill was about free-market principles.)

But of course the question is whether Corcoran's victory dance is premature.

Because at this point it's unclear what Scott will do and whether he will use his own considerable power against the House speaker.

This past week Corcoran and his top allies let it be known that they had offered Scott a deal where they would have relented in a couple of places and funded a couple of his priorities: Visit Florida as well as money for repairs to the Herbert Hoover dike surrounding Lake Okeechobee.

That Scott's people rejected the deal isn't that hard to explain. As explained by those close to Scott, the governor didn't deliver a long list of demands to state legislators this year so it shouldn't be too hard to get the handful of things he asked for.

Of course there remains the chance there will be a few more chess moves before ultimately the Corcoran vs. Scott drama plays itself out.

Corcoran and Negron could refuse to immediately deliver the budget to Scott, meaning that the governor - and the Legislature - would have less time to act as the state moves closer to the end of the fiscal year on June 30. There's nothing in state law that mandates when the Legislature has to deliver the budget to Scott's desk. So theoretically the Legislature could hand it over a week ahead of time.

Yet in one way the two legislative leaders have given Scott an easier path to a budget veto.

The main general appropriations act is $82.4 billion, but it doesn't include many key elements. Legislators have placed more than $700 million worth of spending for Negron's Lake Okeechobee plan, Schools of Hope, Visit Florida and the state employee pay raise OUTSIDE the main budget bill.

This means Scott can sign some of the bills important to the Senate (where it may be easier to sustain a veto) while at the same time vetoing the budget and any other bills important to the House.

Of course if Scott does veto the entire budget (a rare occurrence in recent Florida history) then we get to watch Round 2 between the speaker and the governor.

And the war for the "soul of the party" will rage on.

New era brings some reshuffling inside the governor's office

It's a new era officially in the administration of Gov. Rick Scott.

With Kim McDougal in as the new chief of staff, there has been a shuffling of responsibilities inside the governor's office. McDougal recently took over for Melissa Sellers and this post highlighted how things could change now that Scott has switched over to his fifth chief of staff. As noted previously McDougal, who has a long background on education policy, is maintaining her oversight in that arena even though she has been promoted from her previous position as legislative affairs director and deputy chief of staff.

Why is this chart important?

Because it shows the names of the people inside the governor's office who have direct responsibility over various functions in state government. These are the people who work day to day with agency heads and serve as the liaison between them and the governor. And they are the ones that lobbyists generally turn to when they have a problem or issue with a particular agency head.

So you can note that as part of the reorganization Kristin Olson, Scott's cabinet aide is now titled a deputy chief of staff and has added some of those agencies under her guidance including the Department of Management Services. DMS is a very important agency to Tallahassee lobbyists and insiders because it controls many important contracts and is involved in everything from the recent bat guano dustup at a state office complex to the state's health insurance program.

Frank Collins, who has held a couple of different positions in the executive office, is no longer dealing with the Department of Corrections, another agency that has been in the news a lot in the last couple of years. That department has now shifted over to Jeff Woodburn, the director of policy. Brad Piepenbrink, meanwhile, has picked up the Department of Transportation from Collins.

Another interesting detail on the new chart: The head of Enterprise Florida no longer reports directly to Scott in this new chart.

When he ran for governor back in 2010, Scott talked about how he would have the head of the economic development agency, who is also known as the Secretary of Commerce, report directly to him and would be just a few doors down.

Bill Johnson, the current head, is departing at some point this year from the post although it remains unclear when that will be. (On a conference call today, it was noted Johnson is heading out on some trade trips in the next few weeks on behalf of Enterprise Florida.) Johnson had clashes with legislators as he pushed the governor's agenda of more incentive funding for the agency. Johnson announced his departure shortly after this year's session ended when the Republican-controlled Legislature refused to grant Scott's request for $250 million. Since that time Scott has also said he wants to look at a restructuring of the agency.

Here's the way the executive office looked when Sellers first took over.

What will Rick Scott version 5.0 look like?

This Friday another era comes to a close for Florida Gov. Rick Scott.

That's when Melissa Sellers will give way to Kim McDougal (both pictured left) as McDougal takes on the sometimes overwhelming job as chief of staff for Scott.

Sellers, who once worked for former Louisiana Gov. Bobby Jindal, is remaining in Tallahassee and opening her own consulting firm.

This much is clear: McDougal and Sellers have different backgrounds, different resumes and different styles. McDougal is a veteran state employee who has spent most of her career focused on education and only recently made a deep dive into the political realm.

The big change for her came in 2014 when she went on leave from her job in the governor's office as an education analyst to help with Scott's re-election campaign. McDougal helped draw up Scott's education platform for his campaign but she was deeply involved with Scott's tightrope walk on how to deal with Common Core.

One of McDougal's jobs that summer was to meet with groups deeply opposed to Common Core, which still remain embedded in the standards that Florida is using in its public schools. McDougal's outreach was successful enough to win an endorsement from one of the groups on the eve of the election. (Which was probably important in a contest decided by just 64,000 votes out of 6 million cast.)

Because of her lengthy experience the expectation is that McDougal will retain her oversight of education matters for Scott. And that probably means no dramatic swings away from current policies or a need to make any big personnel changes. (Scott has been a pretty firm supporter of Education Commissioner Pam Stewart.)

Word is that after the departures of Sellers and General Counsel Tim Cerio other people working in the governor's office - including Deputy Chief of Staff (and former Louisiana resident) Frank Collins will remain in their same roles.

But the real big question for Capitol insiders - and ultimately Floridians - is whether or not Gov. Scott will pivot once again with a new chief of staff in place.

Because one of the most interesting aspects of Scott's five-plus years in office is that he has been willing to alter his style, his interactions and sometimes even his policies based on the input from those closest to him at the time.

There are those who speculate that Sellers will remain a trusted voice and may be doing a warm up routine for a potential 2018 U.S. Senate run for Scott. (Although there is a division of opinion about this as well.)

Another maxim, however, is that "no one gets out of Scott World alive." This means that once someone is removed from the orbit of influence it's impossible to get back in. (Key example: Sellers was Scott's campaign manager during a time when he was focused on the campaign. After the re-election, he installed her in as chief of staff in place of Adam Hollingsworth. Word is that Hollingsworth didn't know this was coming.)

Going all the way back to the start there are clear lines of demarcation for Scott when one person leaves and another steps in.

His first few months in 2011 Scott was combative with the press, with the Legislature and came on strong with a Tea Party influenced agenda that including killing high speed rail between Tampa and Orlando. Lobbyists were barred from meeting with Scott and top governor's office staff. The chief of staff at the time was officially Mike Prendergast, but the view is that the person who had the most influence at the time was his senior adviser Mary Anne Carter. Carter was a complete outsider to Tallahassee and once she left her position she didn't hang around in town.

But Prendergast (and Carter) were followed by Steve MacNamara, a long-time veteran of the Tallahassee scene who has been a university professor, a lobbyist and held stints as the chief of staff for two legislative leaders. It was MacNamara who tried to ease tensions with the press and tried to steer Scott into a more cooperative relationship with the Legislature. The blanket ban on lobbyists was lifted. Suddenly Scott was dressing more informally and holding lengthy sessions with the media in the governor's office. Scott visited newspaper editorial boards and scheduled work days to interact with normal Floridians.

MacNamara, however, departed in the summer of 2012 amid a series of articles detailing his role in contracts and his interactions with agencies. (Later it would be revealed in emails that MacNamara's influence with Scott was severely tested during the 2012 session of the Florida Legislature. Emails showed that MacNamara tried in vain to get the governor to veto a bill creating Florida Polytechnic University while encouraging him to approve a bill that would have given additional tuition raising power to University of Florida and Florida State University.)

He was followed by Hollingsworth, whose main job was to figure out how to rehabilitate Scott in such a way that he would have a shot at getting re-elected even though poll numbers suggested it was near impossible task. Hollingsworth was seen as someone who would quickly urge Scott to deal with potential problems and embarrassments heading into the 2014 elections. Former Lt. Gov. Jennifer Carroll has said it was Hollingsworth who showed up to tell her that the governor wanted to resign following her questioning by law-enforcement authorities investigating a veterans charity engaged in what was deemed to be illegal gambling. (The charity had hired Carroll before she ran with Scott but no charges were ever brought against her.)

Hollingsworth was at the helm during one of Scott's most notable moments during his first term: His complete 180-degree turn on Medicaid expansion and the Affordable Care Act pushed by President Barack Obama. Even today, it remains somewhat remarkable that Scott - who railed against Obamacare and even had run television ads attacking it - would come out publicly in favor of accepting billions in federal aid to expand who was eligible for Medicaid. (Under Sellers - and after his re-election - Scott would reverse course again and side with the Florida House in 2015 in opposition to Medicaid expansion.)

Other pivots, not as dramatic, also occurred such as Scott's decision to back in-state tuition rates for the children of illegal immigrants despite winning election in a 2010 platform that promised support for a crackdown on illegal immigration.

Starting under Hollingsworth (who brought on Sellers to serve as communications director) and continuing ever since she took over, Scott returned to limiting interactions with the press in Tallahassee. He cut down on appearances on conservative radio stations and instead shifted to appearances on national television outlets. And a combative side of Scott returned. He sued the federal government over Medicaid funding and he ordered an investigation of Planned Parenthood clinics last summer. Scott has ratcheted back up his criticisms of Obama. His push to get rid of the Florida Department of Law Enforcement Commissioner led to allegations, apologies and lawsuits.

Yet ever since his re-election and Sellers ascension to chief of staff Scott has had a difficult time with his fellow Republicans in the Legislature and has had trouble winning passage of his priorities. There's lots of finger-pointing as to who is to blame (is it staff? Is it Scott's decision to not raise money for the state party? Is it ideologues in the House?) but the net result is that his two top priorities this year, including a $250 million business incentive pool, were largely ignored by legislators. There are some who say that Scott is isolated from those in the GOP and that has contributed to the problem.

But this month Scott did make a tactical decision to limit his losses. Instead of drawing out the battle he signed this year's state budget and did not engage in the long line of budget vetoes that some lawmakers had been expecting. (Senate budget chairman Tom Lee predicted $500 million in vetoes at one point and Scott did roughly half that.) Talk of possible veto overrides has disappeared and the good thing for Scott is that legislators probably won't return to the Capitol until November.

The governor still has a tremendous amount of time left in his second term in office so there's plenty of time for him to repair relations if he wants to. By tapping McDougal he has found someone who has a good idea about how the capital works - but is less familiar with the political ramifications of every decision that the governor makes.

Scott of course will continue to place a large part of his focus on the state's economy and job creation since it's the message that has helped him in two elections (and remains a top concern for most Floridians.)

But will he take a more pragmatic approach on dealing with the Legislature, dealing with the press, and figuring out what to do in the myriad of issues that confront him on a daily basis? For example: One of the less touched on elements of Sellers time as chief of staff is that Scott brought in Julie Jones to run the Department of Corrections. While problems remains in the state's troubled prison agency, there are signs that Jones has tried to reform the department (although she too lost out this session on getting the Legislature to bless all of here proposed changes.)

So the question is will Scott change direction yet again with McDougal now on board?

Will the next two and a half years be relatively quiet and will the governor and McDougal have a caretaker attitude, or will there be new initiatives, new promises, and new conflicts with the two incoming legislative leaders? The next House speaker - Richard Corcoran - has a lengthy list of contentious items he wants to tackle that could prove challenging for Scott.

Will Scott - who never had been a politician until running for governor - present Floridians with another version of himself? Or will he stick to what he's given voters so far?

A new champion for Florida's universities emerges

For those who follow the intrigue of internal legislative politics, the Wednesday designation of Sen. Joe Negron as the Republican nominee for Senate president will bring an end to a fascinating drama that featured everything from betrayal, to whispers of cross-party courtships to the supposed root cause of the dysfunction that had permeated the Senate as it lurched from a budget crisis to a redistricting crisis to... you name it.

Negron, as Tallahassee insiders know, was able to obtain the presidency over Sen. Jack Latvala. A deal that resulted in Latvala bowing out - while he got the nod as the next appropriations chairman - was announced in early November.

There's no doubt that a Latvala presidency would have been an interesting sight - especially given his admonitions at times to some of the top employees of the administration of Gov. Rick Scott.

But the elevation of Negron may bring its own drama to watch.

And that's because it appears that the 54-year-old Stuart attorney may be willing to challenge the current game plan for Florida's universities that has been advocated by the governor.

Scott's foray into Florida's higher education universe has been one that has created conflicts, controversy and finally acquiescence from GOP legislators and university officials.

Some of Scott's initial efforts - like the time he urged then Florida A&M University President James Ammons be suspended during an ongoing investigation into the hazing related death of drum major Robert Champion - were met with fierce resistance.

Scott in 2012 backed the creation of the stand-alone Florida Polytechnic University despite being urged by his own chief of staff to veto the bill.

Scott also played a role in the decision to keep Bernie Machen on as University of Florida president. Machen had planned to step down at the end of 2013 but said he was persuaded by Scott to remain on board longer because the governor would help him elevate UF. This came a few months after Scott had vetoed a bill to aid both UF and Florida State University because it would have given both schools additional powers to raise tuition above limits set in state law. What was odd about the entire incident is that emails show that UF trustees were on the verge of naming a new president just days before it was announced Machen was staying.

Scott has also been firm about lowering Florida's debt obligations - and that has meant he has been opposed to issuing bonds for such traditional uses as new university buildings (a move that has perplexed university trustees). He also gone along with efforts to incorporate performance funding into university appropriations.

But Scott's chief mantra when it comes to higher education is that Florida should do everything possible to keep the cost of higher education as low as possible - saying it should remain affordable because residents need a college education to get a decent job.

He's pushed colleges to create low-cost degree programs. The Republican governor has also since 2012 engaged in a unwavering battle against tuition hikes. Scott began calling tuition hikes a form of a tax hike and he pushed legislators to roll back a state law adopted under then Gov. Charlie Crist that was intended to give universities the ability to raise tuition without having to get annual approval from the Florida Legislature.

In the beginning, then House Speaker Will Weatherford resisted Scott on tuition. During one visit to the Board of Governors _ the panel that oversees the state university system _ he even held up a cellphone and said that students were paying more for their bills then for tuition. But Weatherford finally gave way to Scott and during the session ahead of the 2014 elections he backed the legislation that eliminated the ability of most universities - save UF and FSU - from being able to raise tuition on their own.

After winning that battle, Scott has forged onward even trying unsuccessfully in 2015 to place limits on graduate student tuition.

But Negron appears ready to change the conversation away from costs and instead focus on it on long-term goals.

He plans on Wednesday to outline his steps to make Florida's universities "national destination elite universities" that attract out-of-state students in the way that University of North Carolina and University of Michigan do.

"I’m laying down a marker that universities are a priority," said Negron this week. "I think Florida has made great progress, but I think when you look at states like North Carolina and Virginia I think we can help our universities get to the next level."

Negron, who put three kids through college including two who attended UF and FSU, said he views universities as "indispensable" to creating an "economically vital state."

Negron's concerns about higher education aren't necessarily new. He was the main force behind a move to limit the ability of state colleges to start offering four-year degree programs which Negron labeled "mission creep" by schools who initially started out as only offering two-year degrees.

Among the things that Negron says he wants to do is help universities recruit and retain faculty and make sure the state's graduate schools have what they need to compete nationally.

Of course, all of these things would cost more money. The two main sources for Florida's public universities are tuition or increased state support and that''s where things get complicated.

Negron, who was at one time the Senate budget chief, says he believes there is enough money already in the budget to increase funding to universities.

But he also has a difference of opinion about tuition.

"I agree we want to make sure a university education is affordable," Negron said. "But Florida has one of the lowest tuition rates in the country...Getting a four-year degree is very reasonable."

Negron is expected to give more details on his plans during his designation speech. The key question will be, however, whether Negron's push will open yet another battlefront in a never-ending tug-of-war with the governor.

"Devious plans" -- how Jeb Bush's words continue to haunt him

It came while Jeb Bush was in the middle of a hard-fought campaign.

It was the kind of comment that created a torrent of coverage that threatened to upend the supposed Bush juggernaut.

But it didn't happen this year. Try 13 years ago.

When running for re-election as governor, Bush was caught on tape during a meeting in his Capitol office in Tallahassee boasting about how he had "devious plans" if a proposed constitutional amendment dealing with class size pushed by rival (and then State Sen.) Kendrick Meek was ultimately adopted by voters.

Bush had used the proposal _ which called for reducing class sizes in all levels of Florida schools _ as a way to attack Democrat Bill McBride. While McBride advocated for passage of the amendment Bush warned it would trigger massive tax hikes. Bush proclaimed that if it passed it would "blot out the sun."

So during a meeting with people from Pensacola _ including a sitting state legislator _ Bush was apparently unaware that a reporter was in the room with him and the tape recorder was rolling when talk turned to the pending amendment.

"I've got a couple of devious plans if this thing passes," said Bush with a sarcastic tone.

That same tape also shows that Bush joked about the sexual orientation of the women involved in the tragic disappearance of foster child Rilya Wilson and that he talked about trying to raise teacher salaries in a way that would bypass teacher unions.

Bush would later contend he didn't know he was being taped, but the remarks placed his campaign on the defense and was a major gaffe with just weeks to go before voters headed to the polls.

And in a way, it was his campaign that had inadvertently allowed the damaging incident to occur.

That's because the Gannett reporter who taped the remarks during the meeting was not allowed to be rotated in on a campaign bus with Bush earlier that same year.

Todd Harris, a communications and political strategist who would later go to work for Marco Rubio and other prominent GOP candidates, made a calculated decision as to who would spend time with Bush and who couldn't. Those decisions weren't based so much on actual coverage, but whether or not the media outlet audience was someone the campaign was targeting. Despite the request from reporter Alisa LaPolt to be included on the bus, Harris turned her down and used a bit of profanity to express how he didn't care about Gannett's coverage about Bush.

So in other words, if LaPolt had been on the bus with other reporters then a few weeks later it's reasonable to conclude Bush would have recognized her when she came into his office.

The relevance of this Bush history is to recount how the Republican's history of making seemingly off-the-cuff remarks is not new.

And among Tallahassee reporters it was one of the main drawbacks that some had cited about a campaign for presidency. Many reporters who covered him closely had wondered whether Bush - who at times has a prickly personality - would be able to sustain himself through a gauntlet of national media coverage where every word is followed closely and then amplified in a world of social media.

Bush's comments of seemingly awkward comments dated all the way back to his 1994 bid for governor when he said he would probably do nothing for black voters if he were elected. He was caught on camera saying "kick their asses out" when Meek and another legislator held a sit-in protest in the governor's suite of offices over Bush's efforts to eliminate affirmative action in college admissions and state spending. (Bush's staff would later contend he was referring to reporters, not Meek and then State Rep. Tony Hill.)

So far on the campaign trail this year, Bush had made a long line of comments that have drawn scrutiny, including "stuff happens" and the "free stuff" comment regarding how Democrats appeal to black voters.

For Bush these comments have overwhelmed the narrative that the campaign has tried to put together from day one. (That Bush is a consistent conservative reformer with an actual track record that shows his dedication to getting things accomplished.) The mostly unscripted moments for Bush have also come on top of a vetting by news organizations that many of the other candidates have not yet gone through.

While Bush is a wonky person who loves to delve into details and can often go head to head with reporters, he can also be impatient and terse when confronted with questions.

Another great moment from the 2002 campaign: During a stop at the Ham Jam festival in northeast Florida, Bush's campaign apparently didn't have the governor's visit to the barbecue/country music event completely mapped out.

In a scene almost out of Spinal Tap, Bush and his entourage are wandering around behind the stage set up at the festival trying to figure out where he is supposed to go.

Walking through the thin haze of smoke that hangs over the site, they go around to one side, double back and then back to the same place they were previously. Finally an exasperated Bush _ waving his hands at the press contingent following him _ snaps at a staffer "Where are we going? I'm not going to talk to them again. I've already talked to them."

Of course in the end Bush prevailed in that election due to his organization, his cash advantage and the fumbled campaign of his opponent. He may prevail again in the long-drawn out GOP primary for president. It could be that some of his quips could help him counter the "low energy" cracks made by Donald Trump.

But his last state campaign was waged during a different media era. It was also an environment where there was not around-the-clock dissection of every move. Bush has to remain engaged on the campaign trail as the primaries draw closer. And that means there could be another unscripted moment that could cause even more headaches for him.

What Jeb Bush's friends (and others) want in a new budget

Latest round of inside the Tally bubble news....

Will he or won't he...fly away to Paris?

State legislators this week began a 20-day special session in an effort to pass a new state budget to avoid a possible partial government shutdown at the end of the month.

The timing of the session, however, is coming at a bad time for Gov. Rick Scott.

Scott has been planning to attend this year's Paris Air Show. It will be his 11th trade mission since he became governor - and the first one since he was re-elected last November.

But the air show is scheduled to run from June 15 to June 21 _ or exactly when the special session could be running into crunch time. (Not to mention that Scott will only have a handful of days to sign the budget into law once it is adopted.)

Last week during a meeting of Enterprise Florida a business leader told Scott that he was looking forward to joining him in Paris. Scott didn't say anything in response.

But when asked if the governor would actually leave town, the Scott administration said "it's a game day decision."

The rationale for the trip is that Florida is home to a lot of aviation and aerospace companies. But Scott _ who has had a limited presence during the special session so far _ could risk being out of the country at a critical moment for state government.

"I hope we can get him out of here in time," quipped Sen. Tom Lee, the Senate budget chief when asked whether or not the governor should attend the event.

What Jeb's allies want

While the fate of Florida's safety net hospitals, tax cuts and the fate of Scott's boost in school funding are the top items at play in the budget this year, there's plenty left in the $77-$80 billion spending plan that will be the target of lobbying in the next few days.

Take for example an appropriation in the House budget for $1.2 million to provide liability insurance to teachers.

This is not a new idea and had been in place while Gov. Jeb Bush was in office. The idea is for the state to help pay for coverage and take away a recruiting tool for the Florida Education Association - which right now is engaged in a lawsuit against Florida's tax credit scholarship program. (This program pays for roughly 70,000 kids to attend private schools around the state.)

Patricia Levesque, a former top policy aide to Bush, chief executive officer of the Foundation for Excellence in Education, executive director of the Foundation for Florida's Future, wrote an email to Senate budget chief Tom Lee strongly urging that the Senate set aside the money for the program.

In a March 31 email with the subject line - "couple of new budget issues for your radar" - Levesque wrote:

    "There is a policy moving in the House that would provide every full-time teacher in the state with liability insurance coverage to match the level provided by the teacher's union. As you know, one of the primary reasons teachers give for joining the union is the liability insurance coverage. Teachers are not told that most districts have coverage for their employees or that they could buy a person rider on their homeowner's policy for $100. Instead they join union and pay $650- $850/year in membership dues. The state can provide comparable liability insurance coverage for only $5-6 per teacher ($1.2 million).

You might remember that we had this policy in place for a few years (2001-2006). It took a couple years for the information to get down to teachers - it wasn't until year 3 of the state-provided insurance that insurance cards were actually sent to the teachers before the  start of the school year. But as soon as that occurred, the union immediately began working to repeal it. We believe there was a significant hit to membership that year. We think this policy is important to show teachers the state supports them, while giving them peace of mind and allowing them to choose whether or not they want to save their membership dues."

Bush _ who will announce his candidacy for president on June 15 _  left the foundations that he started ahead of his active consideration of the Republican nomination.

But this is a reminder of the long-running battle that Bush and his allies have waged against the state's teacher union (which helped boost the candidacy of Bill McBride, the Democratic nominee for governor who challenged Bush in 2002.)

Big money, big contracts also at stake

Another long-running battle at stake in this year's special session?

Florida's law-enforcement radio contract.

The ongoing tug-of-war over the contract, which now belongs to Florida-based Harris Corp., has been documented over the last couple of years. Part of the debate has been whether to move ahead and begin procurement now for a new contract in advance of the 2021 expiration of the existing one.

But Rep. Ritch Workman, the powerful Rules Committee chairman (and who is missing the first part of the session because he's out of the country), wrote to the Department of Management Services late last month to make the case for his hometown company.

Workman told DMS that Harris would upgrade the existing network to a new type of technology for the radios under its existing contract "at no additional cost." This would obviate the need to award a 19-year contract that could cost nearly $1 billion to fully implement.

Download Workman Request

The catch is that the state would have to buy the additional radios needed to run on this system. That would be a $84 million cost according to estimates that Harris provided to DMS.

DMS Secretary Chad Poppell in his response to Workman agreed that "savings to the state may exist." But he added he looked forward to "productive discussions" with the Legislature to fund it. He also said it would require a substantial technical undertaking to fully evaluate the proposal. Poppell also said that DMS would likely have to hire additional employees in order to oversee the project.

Download Response Letter

One of Harris's main competitors for the new contract, however, has a slightly different viewpoint on the proposal.

A project manager for Motorola Solutions wrote Poppell and said the proposal "amounts to a tactic to bypass the state's competitive bidding laws."

"If the state were to implement this proposal as written, it could become a very costly mistake,'' wrote Jay Malpass, strategic project manager for Motorola Solutions.

The letter contends that Harris' proposal would allow it to get a head start on other vendors in advance of the new contract.

"We want to be clear that it is our opinion that if the state proceeds with the accepting the Harris proposal, it will create an anti-competitive environment in which legitimate vendors would not be in a position to offer what will be a better, more comprehensive and cost effective solution to the state."

As Marc Caputo with Politico noted this morning on the same subject: The contracting battle should be closely watched because those backing Harris are friends, allies and big time fundraisers of Gov. Rick Scott. The Harris roster of lobbyists includes Brian Ballard and the rest of Ballard Partners as well as long-time Scott pal Billy Rubin and other lobbyists in The Rubin Group including former top Scott aide Chris Finkbeiner.

Motorola is represented by Southern Strategy Group - the deeply-connected well-heeled firm formed by Paul Bradshaw, attorney, lobbyist, and who been in close contact with many top GOP politicians in the state. Bradshaw's wife, Sally Bradshaw, is a former chief of staff for Jeb Bush and will likely have a substantial role in helping him run for president.

SSG's long-roster of lobbyists also includes many former top officials in state government during the last two decades.

Mind-meld: Where President Obama and Gov. Rick Scott 100 percent agree

Here's a few recent statements that have been made in the last few weeks that come from two elected officials who hail from different parties and usually have very little in common.

1. "I believe that America is not a place where higher education is a privilege that is reserved for the few.  America needs to be a place where higher education has to be available for every single person who’s willing to strive for it, who’s willing to work for it."

2. "Students can spend their money better than government can. It should not require a federal loan and decades of debt for students to get a college degree. Price limits access – plain and simple."

3. "A college degree is the surest ticket to the middle class and beyond.  It’s the key to getting a good job that pays a good income.  And it offers a measure of security, because a college degree tells employers that you don’t just have one set of skills; that you’ve got the continuous capacity to learn new skills, which is going to be particularly important for your generation because the economy is going to churn and change in ways that none of us can even anticipate."

4. "If we are going to out-compete the world, the second thing we must do is make higher education more affordable....Just like any business, we should expect education to become more affordable each year, not more expensive."

The quotes above come from U.S. President Barack Obama during a recent appearance at Georgia Tech University and Florida Gov. Rick Scott during his State of the State speech earlier this month.

Scott. a Republican who got elected in part to a tea party wave in 2010, has waged two campaigns where a key part of both them was a constant barrage of criticism for the Democratic president.

Scott's entry into the political world, after all, started when the former health care executive began assailing Obama's health care overhaul. And Scott has not stopped there. He's hit Obama over a whole variety of issues since then.

But when it comes to college affordability the two sound remarkably similar even if their approaches are a tad different.

Scott, whose talking points usually include mentions of his poor upbringing that was changed by a brief stint in the military followed by college, has been very populist when it comes to the cost of college.

During his first term in office, Scott resisted tuition increases for undergraduates. And then he pushed to repeal a law _ which was widely supported by many Republicans at the time _ that gave Florida's universities the ability to raise tuition above levels approved by the Legislature. Scott even went so far as to label tuition hikes akin to tax hikes (which could give potential future GOP U.S. Senate candidates in Florida such as Jeff Atwater and Carlos Lopez-Cantera something to worry about.)

One of Scott's talking points during the 2014 campaign against his rival Charlie Crist was that Scott undid the tuition law approved while Crist was governor.

The move created big savings for those parents who had purchased pre-paid tuition plans because the plans had been been based on assumptions that tuition would keep increasing at a certain rate. In early March, it was announced that the number of pre-paid tuition plans that had been sold this year tripled, a fact that Scott highlighted.

But like Obama _ who confronts a GOP-led Congress resistant to many of his plans including a push to make community college free in the U.S. _ Scott's own push this year for college affordability appears in for a rough reception.

Scott, who will meet today with student body presidents to tout his proposal, wants the Florida Legislature to eliminate the sales tax on college textbooks, require more transparency about college costs and put in limits on tuition hikes charged by graduate schools.

The Senate bill, which contains all these proposals, has yet to get a hearing even though it is sponsored by Sen. Anitere Flores, a Republican from Miami. A House bill that contains the sales tax exemption for textbooks has also yet to be heard.

While Florida's university officials have not spoken out against Scott's proposals there hasn't been a rush from anyone to endorse them either.

Florida's Board of Governors _ the panel that oversees the state's public universities _ is currently looking at affordability and today Chancellor Marshall Criser III is expected to discuss the issue further.

But behind the scenes one of the concerns expressed about Scott's proposal to limit graduate tuition costs is that there is an argument that medical schools, law schools and other professional programs are supposed to be market driven and tied to supply and demand. (Discuss amongst yourself if this is a Republican idea.) Some of these programs are also some of the most expensive for universities to operate.

Scott entered the 2015 legislative session with a small list of priorities that includes tax cuts, a boost in school funding and the college affordability bill.

But right now it looks like Scott's quest to rein in college costs could be the part of his agenda that is least likely to pass.

So when Scott meets Obama on an airport tarmac in the future they may have something else they could talk about.

For once Rick Scott follows the Charlie Crist playbook

One of the many things that Republicans, including those in Florida, have complained about President Barack Obama is his use of executive power, most recently of course seen in his executive order dealing with immigration.

Florida is one of the more than two dozen states that late last year joined the lawsuit filed by Texas challenging the president's actions.

At the time Attorney General Pam Bondi contended that her decision to join the other states was not about immigration but to undo what she termed "unwarranted presidential overreach."

"This lawsuit is about President Obama-yet again-overstepping the power granted to him by our United States Constitution," Bondi said.

She then added: "The powers granted to the President are expressly laid out in the United States Constitution, yet President Obama has decided to ignore those parameters."

In Tallahassee this week, Florida Gov. Rick Scott exerted his own kind of executive authority, and one that could theoretically also be challenged as "overreach."

Scott issued an executive order on Tuesday that authorized Education Commissioner Pam Stewart to suspend an 11th grade standardized test that was about to be given to high school juniors this spring.

Scott took the action in response to a testing investigation undertaken by Stewart at his urging last year while he was on the campaign trail. Stewart in her summary of that investigation suggested getting rid of the test even though it was just approved last year and was included in a bill (HB 7031) that repealed mention of Common Core in state law.

The wording of Scott's order was interesting.

First off, Scott asserts that his authority to give Stewart the power to suspend the test is vested in the state constitution. The language he cites is from the first part of Article IV, which states that the governor "has supreme executive power."

Nowhere does Scott contend that there is an emergency that requires him to act now regarding the test.

But the governor kind of acknowledges that he is telling Stewart not to follow the law, saying he is taking action now because the "Legislature will have opportunity to consider repeal of the statutory requirement" that now mandates the test. (It's not clear whether or not lawmakers will in fact do that.)

Florida's governor does not enjoy the same scope of executive power as the president although the governor is arguably more powerful now than two decades ago. Changes in the constitution and state law - especially during the Jeb Bush years - has strengthened the governor's hand.

But usually the only time the governor can suspend or waive the law is when there is an emergency such as a hurricane. Most of the time the governor's executive orders deal with matters as appointing a prosecutor from another judicial circuit to handle a case because another prosecutor has a conflict.

Former Gov. Charlie Crist, however, building on Bush's use of executive orders issued executive orders that privately some Republicans grumbled were not legal, most notably his decision to extend early voting hours during the 2008 election (and which Crist said was justified by an emergency).

One top Republican at the time said it would have created a public relations disaster to sue Crist over the order, not to mention it wasn't clear if a court would act quickly enough to block the order from taking effect.

This wasn't the only time, however, Crist would use an executive order in a legally questionable way.

In his final months in office he issued an executive order that extended jobless benefits approved by Congress even though the Legislature had not authorized it. Crist took the action even though past extensions had been passed by state legislators and it was assumed that the benefits would lapse absent legislative action.

Just as it had happened with the voting executive order, no one challenged Crist's authority that time either.

And that's probably what will happen with Scott as well. It's hard to imagine anyone who would go to court to force 11th graders to take a test.

But this could signal a decision by Scott to be more assertive in his use of executive authority despite signs that he may have a tough time getting fellow Republicans in the Legislature to follow his lead during a second term.

And perhaps when Scott greets Obama on the tarmac in Miami today they could regale each other about the use of executive orders.

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?