The Fine Print

Texting Adam Hollingsworth (a peek behind the curtain)

Adam Hollingsworth, the chief of staff for Gov. Rick Scott and one of the most important people in Scott's inner circle, doesn't really use email for official business.

A random check of his official emails show that Hollingsworth routinely uses his Outlook account to schedule meetings and perform some of the management functions - such as signing on performance reviews - of his staff.

But texting?

On the very least it looks like at one point of time that some official business was done through texts.

But recent emails and messages would suggest that the Executive Office of the Governor has adopted an official policy to discourage the use of text messages.

Consider this Jan. 10 text from Hollingsworth: "EOG staff does not conduct public businss via test messaging. You may contact me at 850-488-5603 or [email protected]."

An Feb. 10 an email from Dawn Hanson, director of administration for EOG, that was eventually forwarded to newly-installed budget director Cynthia Kelly states: "The COS has a no texting policy for the EOG. This practice has been in place for quite awhile and we are in the process of actually turning off the texting features on state phones."

When asked this past week, however, Frank Collins, a spokesman for Scott, said no such policy was in place.

Now all of this comes amid an ongoing public records lawsuit against Scott and other top state officials. The lawsuit filed by Tallahassee attorney Steven Andrews - a persistent critic of Scott - contends that that state officials are flouting the state's public records law. One example is that it took Andrews more than a year to get three months worth of text messages from a former top aide to Scott.

But Scott's Office of Open Government has turned over text messages made by Hollingsworth over the last several months that show that lobbyists and other elected officials would occasionally reach out to Scott's right-hand man via text message.

These texts touch on issues such as Scott's search for a lieutenant governor, appointments and legislative issues that have become debated during the 2014 session.

Rep. Frank Artiles, R-Miami, texted Hollingsworth on Nov. 29 of last year.

"Adam, would the governor support in state tuition for us citizens? It's great PR for Hispanic voters and the students are voters. The fix is simple language adding ''or the last two years in a Florida high school."

A second text states: "Nothing to so with illegal immigrants." Hollingsworth asks if he can call Artiles back about the issue.

(Since this time, Scott has come out in favor of a bill that in fact allows children who came to the United States illegally to receive in-state tuition. But Scott's support is because the Senate version includes his push to get rid of a state law that lets state universities charge tuition above the amount set annually by the Legislature.)

An Oct. 9 text message from Gaston Cantens, a former state legislator who now works for Florida Crystals, states: "Any word on the 3rd DCA apptment? I'm hearing this will be the third hispanic judge to retire from 3rd dca under scott and replaced by anglos." (On Oct. 18 Scott appointed Edwin Scales, a Key West attorney, radio host and former politician and a member of the Florida Bar of Governors to the court. He replaced Judge Angel Cortinas. It would appear that Scales was the second, not third, person appointed by Scott to replace a Hispanic. Scott appointed Cuban-born Ivan Fernandez in 2011 to the court.)

Sept. 18 text from Rep. Marti Coley: "Any news on a Liberty Co. Superintendent? The suspense about the Liberty County Superintendent is killing me."

Randy Miller with the Florida Retail Federation on Sept. 17 of last year wrote: "Enjoyed our tax relief suggestions meeting the other day. The only way to get tax relief directly to Joe Lunchbucket is through sales tax holidays. Expanding the Back to School Holiday from 3 days to 9 days would be a big hit with soccer moms and parents of all stripes. For those without school children, you could institute an Energy-Star Holiday which would have multiple benefits, savings on utility bills and environmental benefits...Great PR for Gov if he pushes this in his budget."

Newly-elected Rep. Mike Hill sent a message to Scott via text through Hollingsworth, telling him on Sept. 4 that "really liked' the governor's tax-cutting speech at Americans For Prosperity and that "it would be an honor for me to carry a tax/fee cutting bill for you."

On the issue of a search for LG there were several, including one from Hillsborough County Commissioner Sandra Murman, who on the short-list at one time.

Murman on Nov. 8: "Hi Adam. Thank you again for coming to Tampa to interview me. I am honored to be considred for the Governor' dynamic team."

A few weeks later hospital executive and former top Jeb Bush aide Alan Levine texted: "Sandy Murman called me Monday. Will call u tomorrow to download. Have you considered Susan Latvala? Squishy R from Pinellas. Happy Thanksgiving!!!"(Latvala, a Pinellas County Commissioner, wound up endorsing Democrat Alex Sink in the battle to replace the late U.S. Rep. Bill Young.)

On Jan. 14 the day that Scott announced the appointment of Carlos Lopez-Cantera as his LG Allan Bense texted Hollingsworth: "Brilliant move today." Bense, the former House speaker, is chairman of the Florida State University board and father-in-law of current speaker Will Weatherford.

An obscure budget panel may be on the verge of tremendous power

This week the 1st District Court of Appeal rendered a really, really important decision. And in some ways the practical effect of the ruling may be not be as important as the court's opinion on the scope and power of the Florida Legislature.

The court overturned a circuit court decision that blocked the privatization of prison health care services in three regions of the state.

If the decision stands it will allow the Department of Corrections to proceed with plans to go ahead with a roughly $230 million five-year contract that had been put on hold by the lawsuit filed by several groups including the union that represents state workers. This means that as many as 2,600 state workers will lose their jobs unless they win them back with the company that holds the contract.

Both the lower court decision and the district court decision turned on a lot of arcane matters. For example - does the law allow the department to contract with private vendors? Was the money that the department wanted to use in fact a "specific appropriation" as required?

Let's set aside that for right now.

The decision could have also long-standing ramifications going forward that impacts the power of the Florida Legislature - and those in leadership positions.

Why? Because the court opinion could open the door for the governor and top legislative leaders to make serious budget decisions without ever taking it to the vote of the full Legislature.

That's because one part of the lawsuit dealt directly with whether or not the Legislative Budget Commission had the power to approve the initial transfer of funds that allowed the department to begin the privatization effort. (Some of the history of the LBC _ which is a 14-member panel of lawmakers _ I delved into previously here.)

In short, the commission was created in order to make adjustments to the annual state budget when the Legislature is not in session. The commission can take up budget changes given to them by either the governor or the chief justice of the state Supreme Court.

The union attorneys contended the LBC _ which is authorized under the constitution but whose duties are spelled out in law _ was never supposed to be able to make major kind of decisions that should be left up to the entire 160 members of the Legislature. It's no secret prison privatization has sharply divided the Legislature, especially in the Florida Senate where some Republicans have broken ranks and joined with Democrats in opposition. 

Judge John Cooper last December sided with the union.

Cooper in his ruling stated that the budget panel action did not meet a requirement that its vote to approve the privatization effort was "consistent with legislative policy and intent." Cooper's logic turned on the fact that the 2012-13 state budget had a provision that authorized the privatization of health care services for one region of the state. He said that meant that the LBC couldn't on its own expand that privatization effort beyond to the rest of the state.

"Whether to privatize some or all of this state's prison operations is a significant policy decision," Cooper wrote last December. "Under existing law the Legislature weighs in on this policy decision through its appropriations power."

This week the three judges of the appeals court disagreed with Cooper.

And just as significantly, they created a precedent for how the LBC can proceed in the future.

The ruling written by Judge Stephanie Ray _ who was appointed by Gov. Rick Scott _ said that in fact the LBC has a great deal of latitude in what it can do.

"The LBC has expertise as an entity composed exclusively of legislators that is charged with the inherently legislative function of appropriations," Ray wrote. "Given the LBC's expertise and unique role within the Legislature, the LBC is entitled to deference in administering its budget adjustment authority."

Ray in her decision made some other significant points. First she stated that just because the Legislature had expressed its intent to privatize in just one region of the state did not mean that privatization couldn't be expanded beyond there. She rapped Cooper for using the concept of expressio unius est exclusio alterius.

She also stated that because the LBC and Gov. Scott had agreed on the budget amendment the "circuit court should have accorded deference to this judgment."

One lawyer who has dealt with the LBC has stated this kind of means that the LBC can decide what it can do, and what it can't do in the future.

It remains to be seen if the American Federation of State County and Municipal Employees and its partners in this lawsuit decide to appeal this up to the full Supreme Court.

But it can be argued that if the decision remains then legislative leaders with the consent of the governor could make significant changes to the budget absent a vote by the full Legislature.

The state law that covers the budget commission states that the budget panel cannot eliminate an existing program or initiate and commence a "new program." But under Ray's ruling it would appear that the commission itself must should be given "deference" in deciding what means.

Crist has created shadow panels to vet judges

Gov. Charlie Crist, whose push to put his stamp on Florida’s courts resulted in a scolding from the state’s highest court this summer, has quietly created shadow panels to help him vet those seeking judicial appointments across the state.

The Republican governor — an attorney himself — has turned to state legislators, a former president of the American Bar Association, a retired Florida Supreme Court justice and an NAACP attorney, among others, to interview potential judges already screened by one of the state’s official judicial nominating commissions.

But former House Speaker Marco Rubio, a Miami Republican challenging Crist in next year’s U.S. Senate primary, questioned why Crist was “circumventing” the nominating commissions “outside of the public light” with the shadow panels.

Rubio said it appeared Crist was inviting people to interview judges to win political support in the future.

“It appears the decision is being made to appease certain demographic groups, certain parts of the electorate,’’ Rubio said.

You can read the whole story here at the Daily Business Review, which is available free with registration.