Michael Moline, Author at Florida Politics - Page 3 of 42

Michael Moline

Michael Moline is a former assistant managing editor of The National Law Journal and managing editor of the San Francisco Daily Journal. Previously, he reported on politics and the courts in Tallahassee for United Press International. He is a graduate of Florida State University, where he served as editor of the Florida Flambeau. His family’s roots in Jackson County date back many generations.

The economic incentives bill clears the House by a lopsided vote

The House passed the economic incentives package Friday over complaints it would hand Gov. Rick Scott a “slush fund” and make a mockery of the leadership’s professed opposition to picking winners and losers in the economy.

The vote was 111-4. The “no” votes were John Cortes, Evan Jenne, McGhee, and Emily Slosberg — all Democrats.

The bill represents “a fundamental change in direction” for the state’s economic development programs — away from subsidizing individual companies, said Paul Renner, carrying the measure.

“The old way of doing economic development asked from the many to give to the few — asked from all the taxpayers to give to a handful of privileged companies that can navigate the system here in Tallahassee to receive these incentives,” he said.

“We are taking a departure from that, because it violated that basic fundamental principle, that compact between the government and the taxpayers.”

Democrats, however, complained the bill would give governors too much discretion to spend money without oversight — creating an “$85 million slush fund where we’re giving the governor a little bucket of money … and he’s going to get to pick winners and losers,” David Richardson argued.

He voted for it anyway.

“We don’t want to support this slush fund but, if we don’t vote for it, we can’t get the money for Visit Florida. And that’s all part of the design,” he said. “Members, welcome to sausage-making.”

The bill, HB 1-A, envisions an $85 million Florida Job Growth Grant Fund to support infrastructure and job training programs. It would not allow grants to individual businesses. There’d be another $76 million for Visit Florida tourism marketing.

The Senate version, SB 2-A, provides for tighter oversight. For example, projects more than $750,000 would need approval by a special legislative committee. Those worth more than $500,000 would need to be posted on the organization’s website for 14 days before they take effect.

The House pushed to end both programs during the regular session; the Senate sided with Scott in favor. House leaders relented following the session after Scott agreed to limit grants to broad infrastructure and training investments.

Republican Randy Fine said he was prepared to trust that Scott — a wealthy businessman who doesn’t draw his salary — “will spend this money in the best way possible.”

Furthermore, the bill could “serve as a model to the country for how economic development should work. Maybe we can lead the country away from this notion from handing money out to companies,” and toward investments in infrastructure and job training.

“This is a great compromise,” Fine said.

Democrat Kionne McGhee didn’t buy it.

“What we are doing today is creating a political action committee for the governor,” he said. “This is not a slush fund or trust fund — this is a state-sponsored PAC.”

Jim Boyd, a Republican who sits on Enterprise Florida’s board, insisted the bill represents a fair compromise. “We don’t always end up where we started out, and that’s a good thing,” he said.

Joe Negron doubles down: He was not party to any special session deal

Senate President Joe Negron insisted Thursday, for the second time in as many days, that he emphatically was not party to any deal between Gov. Rick Scott and the House over public education spending and economic incentives.

Any suggestion otherwise, Negron told reporters following the day’s Senate session, is a “false narrative.”

There is evidence, he said — absence of reference to him in the governor’s special session proclamation, and of any quote from a press release announcing the session.

He said early drafts of those documents would back him up, but his office hadn’t produced them Thursday evening.

He’d asked not to be included, lest it be mistaken as an endorsement, although he did attend a June 2 news conference announcing the special session call.

“I hear this false narrative by some that, somehow, the Senate is not keeping its end of the deal,” Negron said.

“We all care about our reputation. Our word is our bond. I think the evidence is indisputable — and it makes perfect sense — that the governor and the speaker have resolved a conflict. But they can’t resolve that conflict by using the Senate priorities to make that happen.”

Negron stressed that the major disagreements during the regular session were between Scott and the House. The Senate sided with Scott on funding for Enterprise Florida Inc. and Visit Florida, over determined opposition in the House.

“Now the House has decided to give the governor every single dollar he has demanded for EFI, every single dollar for Visit Florida. And they’ve decided we’ll go ahead and do the $215 more for FEFP (public schools) — which is less than what the Senate had agreed to do in our budget,” Negron said.

“That’s the conflict. That’s why we’re here. We’re not here because of the Senate.”

House Speaker Richard Corcoran is on record to the effect that Negron “did not stick to the plan.”

Negron objected that Scott’s line item vetoes favored House projects over the Senate’s by a 2-1 margin.

Among the first things the Senate did upon convening Wednesday morning was to override Scott’s veto of the schools budget and $75 million in higher education projects. Boosting higher education has been a key Senate priority.

Additionally, the Senate is bent on reducing cuts to Medicaid reimbursements to hospitals by $100 million.

“We’re not just going to rubberstamp an agreement the two parties made without our priorities being taken into account,” Negron said.

“The good news is, we can be out of here by 2:30 or 3 o’clock tomorrow. It’s real simple. We fund the Senate priorities in higher education. We make sure the Senate’s views are respected as part of the negotiation. We look at hospital funding, which is important to the Senate. I’m open to discussing how we get there. And we still have reserves that exceed the current reserves that we have now,” he said.

“That’s what it’s going to take. But the Senate is united on not simply ratify an agreement that we weren’t part of.”

Negron spokeswoman Katie Betta said a Scott aide had shown her drafts of the proclamation and press release on a tablet computer. The proclaimation lacked Negron’s name, and she asked the aide to remove references to the president.

Senate avoids loading down schools funding bill with hostile amendments

The Senate rejected amendments Thursday that might have blocked a meeting of minds with the House on public schools funding — including bids to tie the legislation explicitly to economic development investments.

“These issues have been parsed out separately,” said Sen. Gary Farmer, who offered both amendments.

“Let’s put them together. And let’s candidly assert ourselves as the Florida Senate. Let’s make a statement about what our policy is. Let’s send the House one bill, one package,” he said.

“Let’s do our thing, and maybe not be so worried about what they’re going to do.”

Appropriations Chairman Jack Latvala was sympathetic, saying the leadership had decided against such a move to avoid a confrontation with the House.

“In the end, in the spirit of trying to arrive at a solution, we made the decision not to go in that direction,” Latvala said.

He stressed that the point was to inject $215 million — $100 more per pupil — into the schools.

“If we try to get too cute, we may blow the whole thing up, and we have come up here for naught. I think that would be very unfortunate,” Latvala said.

The debate set the bill up for a final vote on Friday.

It came during the second day of a three-day special session that Gov. Rick Scott called after he vetoed the $11 billion Florida Education Finance Program, the public education budget.

SB 2500-A is designed to supplement the Appropriations Act approved last month, to get around the 72-hour waiting period for budget bills, Latvala said.

Additionally, the Senate voted Wednesday to override Scott’s veto of the schools budget plus $75 million in higher education projects.

That did set up a confrontation with the House.

“We’d be the first Republican Legislature that overrode a Republican governor on pork-barrel spending,” House Speaker Richard Corcoran told reporters.

Additionally, the Senate set final votes on an Enterprise Florida and Visit Florida bill containing tougher oversight than does the version favored by Scott and the House. And on a bill that would restore $100 million of the $200 million cut from Medicaid reimbursements to hospitals in the state budget.

Details on those bills here.

Again, Corcoran didn’t sound interested.

“It’s not in the call,” the speaker said. “We’re happy with where we are with the funding for the hospitals.”

Senators used the occasion of the schools-funding bill to re-debate HB 7069, the House’s big Schools of Hope package from the regular session. The upper chamber passed that bill only reluctantly, as part of the budget deal reached in an extended session.

Farmer was behind a series of amendments seeking to pick away at HB 7069. He would have stripped most of the money out of the $414 million Schools of Hope and related programs and sent them to public schools, while preserving aid to students with disabilities.

A third would have provided $100 in social services for students in the struggling schools targeted for closure under HB 7069. Another would have stripped $30 million the disability money from that bill. All failed.

Sen. Dennis Simmons withdrew amendments providing for similar raids, in the interest of compromise with the House, he said.

Budget panel sends schools, economic development, Medicaid bills to the floor

The Senate’s versions of legislation pumping money into public schools, hospitals, Enterprise Florida, and Visit Florida — and establishing a regulatory framework for medical marijuana — cleared the Appropriations Committee Thursday.

The votes — either unanimous or nearly so — sent the measures to the Senate floor. They also augured confrontations with the House involving oversight of economic development grants, and spending on Medicaid and public schools.

Chairman Jack Latvala appeared determined to hold his ground. For example, of a provision allowing use of local tourist tax dollars for Visit Florida projects in small counties — forbidden statewide in the House bill — he said: “I plan on sticking with that. If we have a bill, that ability is going to be in it.”

That bill — SB 2-A — includes more stringent review of the Florida Job Growth Grant Fund projects it would authorize.

For example, Enterprise and Visit Florida projects more than $750,000 would need approval by a special legislative committee. Those worth more than $500,000 would need to be posted on the organization’s website for 14 days before they take effect.

Legislation preferred by the House and Gov. Rick Scott would “vote a blank check with no accountability,” Latvala said. By contrast, in the Senate, “we’re not just talking the talk; we’re walking the walk.”

House Speaker Richard Corcoran defended the House bill.

“The oversight already exists,” Corcoran told reporters.

“He (Scott) is elected. The Legislature is elected. We go in every single year. All those things can looked at,” he said. “But they’re broad-based benefits to the entire state.”

The full Senate began the special session Wednesday by voting to override Scott’s veto of the $11 billion budget for public schools, plus $75 million in the higher education budget.

SB 2500-A, approved by Latvala’s committee Thursday, adds another $215 to the schools budget.

Besides serving as an “insurance policy” to keep the schools open after the new fiscal year begins on July 1 — and against procedural tricks by the House — the Senate’s procedural posture “gives us flexibility on 72 hours.” That’s the three days legislators must wait before voting on budget bills — “at $70,000 a day for the taxpayers,” Latvala said.

For the record, the House doesn’t believe the cooling off period applies during the special session.

Sen. Dennis Simmons withdrew amendments that would have raided the House’s Schools of Hope program to provide $100 million in social services for students at underperforming schools. He indicated he might offer them on the Senate floor.

He argues the program can’t spend the money during its first year anyway, given the time needed to enlist charter operators.

Sen. Anatere Flores conceded SB 4-A, her bill to restore $100 million of the $200 million the Appropriations Act cut from Medicaid reimbursement rates to hospitals, has provoked indifference — even hostility — in the House.

Counting federal matching money, the cuts would be reduced by $260 million.

“Hope springs eternal,” Flores told reporters.

“It is completely within the Senate’s purview to say hospital cuts were a major issue. Forget about it being important to the Senate. It’s important to the state,” she said. “This is an opportunity for us to get that right.”

As Special session opens, the Florida Senate asserts its prerogatives

That deal everyone assumed Gov. Rick Scott struck with legislative leaders to ensure a smooth special session?

It didn’t exist. At least, it didn’t include Senate President Joe Negron.

Scott invited him to Friday’s press conference held to announce that he was calling a three-day special session on education, Visit Florida, and Enterprise Florida, Negron said Wednesday. He went out of respect for the governor, but there was no meeting of minds.

“It was very clear to the governor, in my communications with him, also through our staff, that any particular details of how the special session would unfold were not agreed to by the Senate. In fact, we were never even approached about those particular details,” Negron told reporters.

“Some falsely interpreted the events as a narrative involving the House, the Senate, and the governor,” he said.

“The Senate’s been very clear that we’re here to do the people’s work.” Just as Scott and the House have their priorities, “the Florida Senate has its own ideas and its own ways that we think the budget can be improved,” Negron said.

For his part, Appropriations Chairman Jack Latvala bristled at suggestions the Senate was bound to any deal.

“The mood of the chamber is, we want to do what’s right for the people we represent. And we’re not going to told what to by somebody else,” he said.

The Senate began bucking as soon as it left the gate. It voted to override Scott’s vetoes of various public schools and higher education projects — as an “insurance policy” against House high-handedness regarding the plan to boost spending by $215 million, Latvala told the senators.

The Senate also asserted its prerogatives on the economic development package, and will debate reinstating $100 million in Medicaid reimbursement cuts to charity hospitals.

Sen. David Simmons plans to offer an amendment to divert $389 million pledged to HB 7069 — the Schools of Hope Bill — for the public schools.

Some $100 million of that would provide wrap-around services to kids in underperforming schools — meaning “intensive assistance to children in low-performing schools,” Simmons said — the very ones targeted by Schools of Hope charters.

Simmons argued to reporters that there’s no way the program can get off the ground during the new budget year. In the meantime, it makes sense to spend the “fallow” money on pressing needs, he said.

Latvala saw irony in the House’s cooperation with Scott on the incentives package in light of criticism of the Legislature over behind-closed-doors deal on the Appropriations Act. The governor was among the critics.

“When you give the Senate a bill that you have written between the governor’s office and the House of Representatives and say, ‘This is what we want,’ what’s different about that? Out of the three, it’s just a different two of the three making the decision,” he said.

Sen. Anatere Flores is carrying legislation that would restore $100 million of the $200 million in cuts to hospitals that treat Medicaid patients under the Appropriations Act. That would draw an additional $160 million in federal funds.

She would get the money from the state’s rainy day fund, which, fed by Scott’s line item vetoes would still total around $3 billion, Flores said. There’d be $1.3 billion in the working capital fund, enough to preserve the state’s bond rating.

“We would be somewhat derelict in our duties if we didn’t go back and say, there are some other issues that we could take a stab at,” Flores said.

“These are pregnant mothers. These are children. This is their safety net,” she said.

Is she talking to House leaders?

“I think that we’re all just talking right now. Soon, maybe, we’ll be talking to each other. I hope.”

Regarding the outlook for a timely adjournment on Friday, Negron was conciliatory after the Senate concluded business for the evening.

“The Senate’s relationship with the governor has been very productive,” he said.

“I don’t take it as an offense when the governor exercises his constitutional right to get a final review of the budget and to veto certain items,” he said. “Under our constitutional system, the Legislature gets to also make a review.”

And he welcomed the House’s movement toward positions Scott and the Senate have embraced all along.

“We’ve made a lot of progress. We certainly understand where the House is on their priorities. I hopeful over the next two days we can continue the dialog,” Negron said.

Senate bristles at House ‘Holy Grail’ version of economic incentives package

The Senate’s frustration at the cosy new relationship between Gov. Rick Scott and the House showed during debate in the Committee on Commerce and Tourism on a compromise economic incentives and tourism-marketing plan.

Appropriations Chairman Jack Latvala, presenting the bill, noted the criticism over “backroom dealmaking” involving the budget approved during an extended regular session last month. “Even, I think, from the governor,” he said.

So, rather than pass the House version of the bill, worked out between House Speaker Richard Corcoran and Scott, Latvala presented a version that boosts oversight over economic development grants and contains other Senate priorities.

He was not about to accept the House version as the “Holy Grail,” Latvala said.

“I will assure you that I’m going to continue with that same attitude over the next couple of days. And we may or may not get a bill here. But we’re not going to get a bill that we’re stuffed with and we’re told we have to pass without amendments. I’m done doing that.”

During the regular session, the Senate took positions much closer to Scott’s than did the House.

A House committee approved that chamber’s version earlier in the day.

SB 2-A would provide $85 million for Enterprise Florida and $66 million for Visit Florida. The money for that first organization would be spent through a Florida Job Growth Grant Fund, “to promote economic opportunity by improving public infrastructure and enhance workforce training.”

The grants could not be used “for the exclusive benefit of any single company, corporation, or business entity.”

Additionally, the Senate bill would withdraw $107 million already committed to projects from an escrow account and move it into an account where it could attract 3 percent or 4 percent interest — instead of the nominal return it draws now.

“It’s just a prudent business decision,” Latvala said.

The Department of Economic Opportunity and Enterprise Florida would recommend grant recipients to the governor, including local infrastructure projects to promote economic activity. The money would be funneled through local governments.

State colleges and technical centers would qualify for workforce training grants targeting “transferrable, sustainable” skills “applicable to more than a single employer.”

Infrastructure projects would be strictly for public ownership and use.

Any money not spent under the existing Quick Action Closure Fund — a pot of cash used to close deals bringing companies to Florida — as of July 1 would revert to the state.

Enterprise Florida would run under a strict 50:50 mix of public money and private donations. And its contracts and operations would fall under public scrutiny.

No employee could earn more than the governor — around $130,000 at the moment.

As for Visit Florida, its staff would become subject to the same daily expense limits as state employees, even though Visit Florida is not a state agency. The bill also tightens financial disclosure requirements for corporate officers.

Deals by both agencies worth more than $750,000 would be subject to review by a Legislative Budget Commission or, alternatively, the House speaker and Senate president.

Senate votes to override veto of public education budget as ‘insurance’

The Senate voted Tuesday to override Gov. Rick Scott’s veto of the public schools budget, plus a number of higher education building projects.

The first override was an “insurance policy” intended to keep the schools open after July 1 if this week’s special session of the Legislature breaks down.

“This is an insurance policy. We just don’t want to get to a situation where we end up without having our (education) finance program funded,” Appropriations Chair Jack Latvala said.

“You know as well as I do that we’re in contentious times here. We’re faced with very aggressive House of Representatives in advocating their position on issues,” he said.

“You never know what that’s going to produce. I don’t want to be responsible, as our Appropriations Chairman, and our president doesn’t want to be responsible, for getting into a situation where we leave town and we do not have our school funding in place.”

The measure passed with three dissenting votes — well within the necessary supermajority. The senators subsequently approved a raft of additional veto overrides involving public education.

And when the Senate reconvened Tuesday evening following committee hearings, it approved a series of overrides of higher education capital project vetoes worth about $75 million — reflecting Senate President Joe Negron‘s ambitions for the university system.

“We feel strongly that universities are an important component of economic development, of attracting people to Florida,” Negron said.

Latvala noted that some of the items had been in the budget for years and subjected to vetoes this year for the first time. They included projects at Miami Dade College, Florida State University, the University of Florida, Florida International University, and Florida Gateway College.

The new state budget takes effect on July 1.

The plan remained to take up separate legislation that would funnel $215 million into the education budget on top of the $404.6 million in the state budget approved during an extended session last month,” Latvala said

Sen. Tom Lee asked whether Latvala had briefed the governor on the plan, including the override.

“I’m sure they are watching on TV,” Latvala replied.

Governor and Cabinet to take up environmental land-acquisition priorities

The newest project on the state’s priority list for conservation land buys is a 4,700-acre spread in eastern Alachua County, containing valuable wildlife, water, and plant resources, but also largely given over to pine harvesting.

That’s if Gov. Rick Scott and the Cabinet approve an updated Florida Forever work plan during a meeting scheduled for June 14.

Sitting as the trustees of state lands, Scott and the Cabinet will review the Florida Forever land-buy priority list and five-year plan for the fiscal year that begins on July 1. A 10-member panel of state agency heads and members of the public assemble the Florida Forever list, and the Department of Environmental Protection the work plan.

Inclusion doesn’t guarantee acquisition right away.

“When things become available, we can make deals happen,” DEP spokewoman Lauren Engel said.

“No. 1 might not be available that year, but No. 27 might have a seller who’s willing to negotiate,” she said. The list “helps us define our focus.”

New to that plan would be Lochloosa Forest, assessed at nearly $5.3 million.

A summary describes the area as upland terrace containing flatwoods, swamps, and marshes, with Hatchet and Bee Tree creeks flowing through. In the past, the area has supported cypress and hardwood logging, and at present pine plantation covers about 80 percent of the land — limiting the parcel’s usefulness for recreation.

However, the property might serve as an “outdoor classroom/laboratory,” similar to one next door at the University of Florida’s Austin Cary Forest, the document says.

Also on the Cabinet’s agenda is the purchase for nearly $5.3 million of 407 acres to protect a network of springs including Gilchrist Blue Springs, near High Springs.

“Four of the six springs are named, with one being a large second magnitude spring that produces an average of over 44 million gallons of water per day,” a summary reads.

“The second magnitude spring, Gilchrist Blue, discharges water through a shallow spring run about one quarter mile to the Sante Fe River. The other named springs onsite are Small Blue Spring, Naked Spring, and Johnson Spring.”

The state’s First Magnitude Springs Project targets 16,000 acres across the state, of which 9,425 have been acquired or have deals pending.

To date, the state has acquired nearly 605,000 acres under the broader Florida Forever program.

Workers’ comp judge ordered to reconsider $20K attorney fee agreement

A state appeals court criticized a judge of compensation claims for denying a $20,000 attorney fee award because of unsubstantiated claims that the parties had colluded.

The 1st District Court of Appeal ordered Judge John Lazzara of Tallahassee to conduct a proper evidentiary hearing in the matter.

“Given the JCC’s failure to provide the parties with proper notice and the opportunity to be heard on the issues that the JCC found determinative in his ruling, we find the JCC violated claimant’s right of due process with entry of the final order here,” the court said in an unsigned opinion Tuesday.

“We, therefore, reverse and remand for a properly noticed evidentiary hearing,” the court said.

The case involved a claim for hearing loss by Jose Delgado against City Concrete Systems Inc. and FCCI Insurance Co. The parties had agreed upon the fee award, but waited until May 2016, after the Florida Supreme Court issued its much-anticipated Castellanos v. Next Door Co. ruling on attorney fees, to file it with the judge.

Lazzara conducted a telephone hearing to discuss it.

He was within his authority, a three-judge appeals panel said in an unsigned opinion.

But the court criticized Lazzara’s seven-page order “that assumed certain unestablished facts and strongly suggested that the attorneys engaged in collusion to commit fraud.”

Lazzara’s order says the judge held an evidentiary hearing, but “there is little support for this statement in the record,” the court said.

“The hearing transcript — only 10 pages long — does not in any way suggest an evidentiary hearing took place. The parties were not asked to submit evidence or present witnesses. During the hearing, the JCC questioned the attorneys about the basis for the fee, but did not indicate any issues of fraud or collusion.”

When the attorneys disputed the finding, Lazzara refused to consider their protests, “on the ground that time for submitting additional evidence had “long passed,” the court said.

Split appeal court upholds Rick Scott’s 2015 veto of firefighters’ $2,000 raise

The governor’s constitutional authority to veto budget line items trumps a state law requiring him to bow to the Legislature when it resolves labor collective bargaining impasses, a divided 1st District Court of Appeals ruled Tuesday.

The majority conceded that, under the state Labor Code, “any actions taken by the Legislature shall bind the parties” — meaning a public employee union and the governor.

“Based primarily on a statute, appellant asks us to recognize a limitation on the governor’s constitutional authority to review the (General Appropriations Act), even though the Constitution explicitly allows the governor to veto the GAA or ‘any specific appropriation in a general appropriation bill,’ ” Timothy Osterhaus wrote for the majority.

“We cannot accept appellant’s invitation. The Florida Constitution clearly articulates the governor’s authority to veto the GAA, or specific appropriations therein. It authorized him to veto the raise appropriation here,” the court said.

“That appellant’s members possess constitutional collective bargaining rights does not alter the governor’s constitutional authority with respect to the GAA. … The governor’s action in this case comported with his constitutional authority.”

Judge Harvey Jay also signed the majority opinion.

The dispute involved Gov. Rick Scott’s veto of a $2,000 raise the Legislature OK’d for members of the International Association of Firefighters Local S-20 — representing the Florida Forest Service — for the fiscal year that began on July 1, 2015.

In a dissent, Judge Bradford Thomas noted that the Florida Constitution also enshrines public employees’ right to bargain collectively.

“Here, the public employees’ argument should prevail, which would not otherwise significantly impair the governor’s general veto authority and properly harmonizes conflicting provisions of organic law,” Thomas wrote.

He cited the principle that, “if possible, amendments to the Constitution should be construed so as to harmonize with other constitutional provisions, but if this cannot be done, the amendment being the last expression of the will of the people will prevail.”

Otherwise, he wrote, the right to collective bargaining is “eviscerated.” Persuading majorities in the House and Senate to approve a salary increase is “herculean,” but requiring the supermajorities necessary to override a veto “in essence holds that public employees have no effective constitutional right to collective bargaining.”

Thomas suggested vetoes of such line items might be justified by “a compelling public interest, such as a budgetary emergency.”

He cited precedents through which the Florida Supreme Court refused to allow the Legislature rescind a pay raise it had approved for university faculty, or to force a contract approved by a governor to bind the Legislature.

“The question at issue here is whether the governor, by using his veto power, may unilaterally vacate the Legislature’s decision to resolve a collective-bargaining impasse,” Thomas wrote. “Based on logic, precedent, and the constitutional basis of public employees’ collective bargaining rights, the correct answer is no.”

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