Gov. Rick Scott Archives - Page 6 of 78 - Florida Politics

Rick Scott asked to respond to judicial appointments lawsuit

The Florida Supreme Court has asked Gov. Rick Scott to respond to a lawsuit claiming he doesn’t have authority to appoint three new justices on the last day of his term.

The court on Friday gave Scott till July 5 to file a response, with the League of Women Voters of Florida (LWVF) and Common Cause having a July 17 deadline to reply to Scott’s filing.

The organizations this week filed a petition for “writ of quo warranto,” a court action against government officials to demand they prove their authority to perform a certain action.

Scott, a Naples Republican, has said he plans to name the replacements for the court’s liberal-leaning trio of Justices R. Fred LewisBarbara Pariente and Peggy A. Quince.

They face mandatory retirement on the same day—Jan. 8, 2019—that is Scott’s last in office as governor. He’s term limited next year.

The filing says Scott can’t replace those justices because he’ll be out of office earlier on the same day all three retire, and their terms last till midnight.

The Supreme Court, in a 2006 advisory opinion, said appellate vacancies may be filled by a governor only “upon the expiration of the term of the judge or justice.”

Advisory opinions, however, “do not constitute binding precedent, though they can be persuasive,” wrote former Justice Gerald Kogan and court spokesman Craig Waters in a 1994 law review article. “They are authorized by the (state) constitution to deal with situations in which the Court’s opinion on an abstract question can advance public interests.”

A Scott spokesman previously declined comment on the suit.

“A prompt, final decision on this pure question of constitutional law … would preempt cynical complaints by anyone dissatisfied with the decision that the case was contaminated by political considerations,” the petition says.

The petitioners also include LWVF President Pamela Goodman, former LWVF president Deirdre Macnab, and Liza McClenaghan, the state chair of Common Cause Florida.

They’re represented by Tallahassee attorneys John S. Mills and Thomas D. Hall, a former Clerk of the Florida Supreme Court.

Personnel note: Karl Rasmussen leaving Governor’s Office

Karl Rasmussen, Gov. Rick Scott‘s deputy chief of staff, is departing the Governor’s Office for a lobbying job at the Meenan Law Firm, name partner Tim Meenan confirmed Friday.

“Watching him from afar, I noticed he is one of the stars in the Capitol,” Meenan said in a phone interview. “He’s quiet, diligent and effective—the first thing you notice about him is his calm demeanor.”

Rasmussen (Source: LinkedIn)

Rasmussen, a deputy chief of staff since late 2014, will focus his lobbying efforts in some of the same subject areas he now covers for the governor, including environment and health care, Meenan said.

Rasmussen was previously the Director of Cabinet Affairs for Scott, according to his resume. Before that, he served as Assistant Director of State Lands, Director of Cabinet Affairs and Cabinet Affairs Liaison at the Florida Department of Environmental Protection.

He’ll be subject to the state’s 2-year lobbying ban on former employees, Meenan said, meaning Rasmussen can’t immediately lobby former colleagues at the Executive Office of the Governor.

“What clients look for are effective solutions to their problems,” Meenan said. “I think Karl bolsters our ability to really reach into a large number of state agencies and the Legislature.”

He begins as a government consultant for the firm on June 28.

State, feds agree to extension for red snapper fishing

Most anglers thought the red snapper season for fishing in federal waters came and went almost two weeks ago. Thanks to an agreement between the U.S Department of Commerce and the State of Florida, recreational anglers now have 39 additional days to go after the prized catch.

The previous season lasted only three days, from June 1 until June 4, leaving fishing enthusiasts and members of Congress highly frustrated. The new arrangement calls for rolling back available red snapper days in state waters while extending the opportunities in federal waters.

“We are thankful for the leadership of Gov. Rick Scott, U.S. Department of Commerce Secretary Wilbur Ross, and Florida’s Congressional delegation as well as the partnership across all five Gulf states in providing more sustainable fishing opportunities and sound fisheries management,” said Florida Fish and Wildlife Conservation Commission (FWC) Executive Director Nick Wiley. “Though we had to reduce state waters fishing days in the summer and fall, we are pleased to be able to offer more fishing access this summer to anglers across Florida.”

The 39-day additional season begins Friday and will continue every Friday, Saturday and Sunday through Labor Day, September 4. Also included is Monday, July 3 and Tuesday, July 4.

“Local folks wanted me to fight for their right to fish, and I was happy to help,” said Rep. Matt Gaetz, a Ft. Walton Beach Republican from the First Congressional District. “I’m glad the Trump administration has agreed to extend the federal red snapper season.

The federal government establishes quotas for red snapper fishing. Based on whether that quota was exceeded or under-fished in federal waters, the season is adjusted accordingly.

“We pressed Washington for an expanded season and Washington listened,” said Rep. Neal Dunn, a Panama City Republican from the Second Congressional District. “This decision provides relief this season while we work to fix what’s broken in recreational management of the red snapper fishery. I’m glad the Commerce Department is letting common sense prevail for Florida anglers.”

Don’t estoppel believing: Now it’s a law

After years of unsuccessfully fighting its way through the Legislature, the estoppel bill is now law.

Gov. Rick Scott Tuesday signed the measure (SB 398), which overhauls the legal process of estoppel letters. It goes into effect July 1.

“We are grateful for this compromise that will benefit Florida homeowners, associations, and taxpayers,” said Mark Anderson, Executive Director for Chief Executive Officers of Management Companies (CEOMC). “The Florida House, Senate, and Gov. Scott deserve credit for finally getting this across the finish line.”

Estoppel letters, or estoppel certificates, are an obscure part of some real estate closings.

They’re legal documents sent by a homeowners association, detailing any amount owed to the association. Usually, that’s unpaid fines or association fees left by owners who defaulted on their mortgage.

Title agents and Realtors have wanted to shift the cost of preparing such letters from themselves back to the associations. Anderson has said preparing estoppel letters takes time and research, costing anywhere from $15 to $400.

Former state Sen. Gwen Margolis, a Miami-Dade Democrat, disputed that story when she was in the Legislature, saying all homeowners associations “do is punch a button on a computer … It’s been a ripoff for a while.”

Among other things, the measure allows an association “to charge a maximum fee of $250 for the preparation and delivery of an estoppel certificate, if there are no delinquent amounts owed to the association (and) an additional maximum fee of $150, if there is a delinquent amount owed to the association,” the bill analysis says.

PR man and communications savant Kevin Cate, in an effort to get people to pay attention to the issue, once rebranded it as “smashing the Home Tax.”

Rick Scott to sign controversial education policy bill

Gov. Rick Scott will sign a contentious education policy bill that critics fear will hurt traditional public schools in favor of privately-managed charter schools.

The Governor’s Office on Thursday morning announced he will approve “a major education bill” at Morning Star Catholic School in Orlando, “which serves many children who receive the Gardiner Scholarship,” one of the programs affected by the legislation.

The bill signing is slated for 3:45 p.m., a press release said. It did not mention the bill by name or number, however, though the Governor’s daily schedule does list it as “HB 7069 Signing And Budget Highlight Event.”

The bill’s approval is widely believed to be in return for House Speaker Richard Corcoran‘s support of Scott’s priorities, including full funding of Visit Florida and money for an economic development fund, passed in the recent Special Session.

But it’s been met with vigorous opposition from Democratic lawmakers, newspaper editorial boards and public schools advocates, including the Florida Education Association, the statewide teachers union.

Among other things, the bill (HB 7069) steers more money to charter schools through a “Schools of Hope” initiative, requires recess in elementary schools, and tinkers with the state’s oft-criticized standardized testing system.

The legislation—a top priority for Corcoranbarely edged out of the Florida Senate on a 20-18 vote where some Republicans joined Democrats in opposing the measure.

The Senate vote came after intense debate in which opponents contended the legislation was a give-away to charter schools—public schools run by private organizations and sometimes managed by for-profit companies.

Corcoran has said that the changes are even more dramatic than the A+ plan put in place by former Gov. Jeb Bush nearly two decades ago. It created the state’s first voucher program and created the state’s current school grading system.

“It is the greatest public school bill in the history of Florida,” Corcoran said after the bill was sent to Scott.

The nearly 300-page bill includes a long list of education changes that legislators had been considering. But the final bill was negotiated largely out of public view. Some of the final changes drew the ire of the state’s teacher unions, parent groups as well as superintendents of some of Florida’s largest school districts.

Included in the bill is a requirement that elementary schools must set aside 20 minutes each day for students in kindergarten through fifth grade for “free-play recess,” although at the last minute charter schools were exempted from the mandate. The bill includes more than $200 million for teacher and principal bonuses.

Bowing to criticism about Florida’s testing regimen, the measure eliminates the Algebra 2 end-of-course exam and pushes back the date in the school year when students must take Florida’s main standardized test.

Another major part of the bill creates the “Schools of Hope” program that would offer financial incentives to charter school operators who would agree to take students who now attending chronically failing schools, many of them in poor areas and urban neighborhoods. Additionally, up to 25 failing public schools may receive up to $2,000 per student for additional student services.

It extends the Best and Brightest Teacher Scholarship Program, expands eligibility for the Gardiner Scholarship Program for disabled students, and requires 20 minutes of recess each day for students in kindergarten through fifth grade.

The bill also requires school districts share capital project tax revenue with charter schools, which Corcoran argued is one of the reasons why some school district officials have come out in opposition to the bill.

Background from The Associated Press was used in this post.

Progressive groups sue over Rick Scott’s judicial appointment power

When Gov. Rick Scott appointed a conservative jurist to the state’s Supreme Court in December, he made clear he wasn’t done.

“I will appoint three more justices the morning I finish my term,” he said, referring to the mandatory retirement in early 2019 of the court’s liberal-leaning triumvirate of Justices Barbara Pariente, Peggy A. Quince and R. Fred Lewis.

Now, two progressive organizations are saying to Scott: Prove you can. They say he can’t.

The League of Women Voters of Florida (LWVF) and Common Cause on Wednesday sued Scott in the Supreme Court, saying he doesn’t have the power to name their successors—only the governor elected after Scott does.

They filed a petition for “writ of quo warranto,” a court action against government officials to demand they prove their authority to perform a certain action.

The upshot of their argument is that Scott can’t replace the justices in question because he’ll be out of office earlier on the same day all three retire, and their terms last till midnight.

“The Florida Constitution prohibits a governor from making a prospective appointment of an appellate judge to an existing seat before that seat becomes vacant,” the writ argues.

It adds: “A prompt, final decision on this pure question of constitutional law … would preempt cynical complaints by anyone dissatisfied with the decision that the case was contaminated by political considerations.”

“Our office has not officially received the suit,” said Scott spokesman McKinley Lewis, declining comment.

Scott’s addition of former appellate judge C. Alan Lawson to the bench created a three-judge conservative minority, including Justices Ricky Polston and Charles Canady, whose name was on a list of then-GOP presidential nominee Donald Trump‘s “potential Supreme Court picks.”

Assuming the Republican Scott appoints three more conservatives in 2019, the seven-justice court could tilt 6-1 to the right, with current Chief Justice Jorge Labarga remaining. His mandatory retirement is in 2023.

“The Florida Constitution establishes a mandatory retirement age for justices that occurs on or after their 70th birthdays,” the court’s website explains.

Three more conservative judges may well be appointed anyway, even if left to the next governor: Florida hasn’t chosen a Democrat for the Governor’s Mansion since Lawton Chiles was re-elected in 1994.

The lawsuit, however, sticks to a “constitutional question that has plagued this State for decades: When a judicial seat opens on a Florida appellate court due to an expired term coinciding with the election of a new governor, whom does our Constitution authorize to appoint the successor, the outgoing governor or the newly elected governor?”

In December 1998, days before Chiles died in office, he and then Gov.-elect Jeb Bush, a Republican, avoided a crisis by jointly appointing Quince to the court to replace Ben F. Overton.

In 2014, lawmakers placed a proposed constitutional amendment on the statewide ballot, backed by Republican state Sen. Tom Lee, that would have given Scott the power to name the new justices. But it failed to gain the required 60 percent approval.

“There may be many reasons voters rejected the amendment, there can be no doubt one reason was that a newly-elected governor is not only more accountable, but also better represents the will of the people who just voted than someone elected four years ago,” the writ says.

Ultimately, Scott “lacks authority because the expiring judicial terms run through the last second of the evening of January 8, 2019, by which time his successor will have begun his or her term or, alternatively, if the vacancies occurred earlier in the day, his successor’s term still will have already begun by that time,” it says.

“… (I)f any ambiguity existed in our constitutional scheme, it should be resolved in favor of allowing the incoming governor, who best represents the will of the people, to fill judicial vacancies arising the same day he or she is set to take office.”

The plaintiffs also include LWVF President Pamela Goodman, former LWVF president Deirdre Macnab, and Liza McClenaghan, the state chair of Common Cause Florida. They’re represented by Tallahassee attorneys John S. Mills and Thomas D. Hall, a former Clerk of the Florida Supreme Court.

Rick Scott: No hard feelings between him and Richard Corcoran

Chalk it up to “passion.” Or politics.

Gov. Rick Scott, speaking to reporters after a Wednesday bill signing, explained away the open tension between him and House Speaker Richard Corcoran after the House this year tried to gut VISIT FLORIDA and do away with economic development organization Enterprise Florida, his two favored state agencies.

By the end of the recent Special Session, however, lawmakers agreed to the creation of an $85 million Florida Job Growth Grant Fund to be controlled by Scott, full funding for tourism marketing, and $50 million to help kick-start repairs to the Herbert Hoover Dike at Lake Okeechobee.

That deal is said to be in return for Scott’s approval of a controversial education funding policy bill (HB 7069), pushed by the House, that critics say slights traditional public schools in favor of privately-managed charter schools. Scott says he’s still “reviewing” that bill.

“What’s great is that people have passion for what they believe in,” he said. “I know the Speaker has passion for what he believes in; I have passion for what I believe in. Both of us went out there and tried to explain to others (our positions) … but we came together for what is a win for our state.”

Scott in fact went to the districts of House members who supported Corcoran’s plan to defund the agencies and more or less publicly shamed them.

Cut to this week, when Corcoran joined Scott on a “victory tour” to several cities to “celebrate the major wins for Florida families and students during (the) legislative Special Session.”

“I’m proud of the fact we’re able to fully fund VISIT FLORIDA; I’m proud of the fact we have this new development tool, $85 million that’s going to work to get more jobs here; I’m proud that we’re going to partner with the (Donald) Trump administration to help finish the dike,” he said.

Scott was at the Department of Highway Safety and Motor Vehicles to sign a bill (SB 7022) “which provides pay raises for Florida’s sworn state law enforcement officers, correctional officers and state employees,” according to a press release.

“… I’m glad the Speaker believed in all those things and we went to five cities to celebrate that success,” Scott added.

As far as any fight next year for business incentives, which Corcoran calls “corporate welfare,” Scott said he’ll decide then—his last year in office. He’s term limited in 2018.

Till then, “I’m going to keep working hard to get more jobs … I’ll use the tools that we have to call on companies … and I think it’s going to work,” he said.

Andrew Gillum takes a swipe at Rick Scott’s ‘victory tour’

Tallahassee Mayor Andrew Gillum, a Democratic candidate for governor in 2018, is slamming Gov. Rick Scott‘s and House Speaker Richard Corcoran‘s “victory tour.”

Saying he’s standing up for public schools, Gillum released a statement Tuesday in the wake of Scott’s announcement of a five-city “Fighting for Florida’s Future Victory” tour to “celebrate the major wins for Florida families and students during last week’s legislative Special Session.”

Corcoran plans to join him on some of the stops, set for Miami, West Palm Beach, Fort Myers, Tampa and Jacksonville Beach.

“This tour will highlight an all-time high of K-12 per-pupil spending, the establishment of the $85 million Florida Job Growth Grant Fund, full funding for VISIT FLORIDA, and $50 million to kick-start repairs to the Herbert Hoover Dike surrounding Lake Okeechobee,” the governor’s press release said.

Gillum isn’t buying it.

“The only person less deserving of a ‘victory tour’ than Gov. Scott and Speaker Corcoran is Donald Trump‘s lawyer,” he said.

Scott’s and Corcoran’s “backroom deals will destroy our public schools’ futures, and they ought to be ashamed of what they’ve done to our state over the past week,” he added.

Gillum and public schools advocates have been critical of Corcoran’s favored bill, HB 7069, a wide-ranging education policy bill they say slights traditional public schools in favor of charter schools run by private concerns.

“The end of the Special Session is not ‘mission accomplished’ on behalf of Florida’s students and teachers,” Gillum said, a likely reference to a 2003 speech by then-President George W. Bush, after which he was criticized for prematurely saying the U.S. had “prevailed” in Iraq.

“I’m running for governor because our children are not well when they can’t read at grade level, take anxiety medication for high stakes tests, and suffer while for-profit charter school executives and their allies fly around on a ‘victory tour,’ ” Gillum said.

Legislature adjourns sometimes-bumpy Special Session in a burst of amity

The Legislature concluded its special session with about an hour and 20 minutes to spare Friday, after voting to improve funding for public schools, colleges, and universities, and revamping the way the state encourages economic growth.

While they were at it, the lawmakers passed an implementing bill for the medical marijuana constitutional amendment the voters approved last year.

House Speaker Richard Corcoran and Senate President Joe Negron gaveled their chambers into adjournment at around 4:40 p.m. — well in advance of their 6 p.m. deadline. Clashing priorities at times had seemed to threaten a timely sine die.

“This is a very good day for Florida families,” Gov. Rick Scott said during a joint post-adjournment news conference with Corcoran and Negron in the Fourth Floor rotunda.

Scott had called the special session because he was unhappy with the state budget for schools and economic development the Legislature sent him last month.

On Friday, he credited Corcoran for coming up with the idea of helping to finance repairs to the Herbert Hoover Dike, around Lake Okeechobee, and Negron for pressing for the boost to higher education.

“I’m excited to travel the state and brag about what got accomplished in the special session,” Scott said.

Negron viewed the dike project as in keeping with SB 10, his big Lake Okeechobee and Everglades restoration project, approved during the regular session. He promised additional attention to the matter during the next regular session.

As for higher education, “our universities and our state colleges are an integral part of economic development and vitality in the state of Florida,” Negron said.

“If you put them all together — the special session and the regular session — it’s a landmark year,” Corcoran said.

He welcomed the increased investment in schools and the new economic development model that stresses broad infrastructure and training investments rather than grants to particular businesses.

“It looks like one of the first infrastructure projects might be repairing the dike at Lake O. So that’s an exciting thing, too, that happened today,” Corcoran said.

In subsequent remarks to reporters, Scott zeroed in on the schools right off the bat.

“We had to put more money into K-12 education, and I want to thank the House and Senate for making that happen,” he said.

He and Corcoran had bickered over the future of Enterprise Florida and Visit Florida during the regular session. On Friday, he allowed that the speaker “made us think about how we can do economic development better.”

Scott wants the dike project completed by 2022, he said — and thanked President Donald Trump for promising federal money for the project. He said the state money would allow the work to get started.

Does Scott plan to sign the medical marijuana implementing bill?

“Absolutely,” he said. He raised no objection to language reserving treatment center licenses for defunct citrus processing businesses.

He’s still reviewing HB 7069, the House’s Schools of Hope charter initiative from the regular session. Asked whether there was a deal linking that bill to his priorities during the special session, Scott said: “I’m still reviewing the bills.”

Of the higher ed projects the Senate held out for, Scott said: “I have reviewed those projects and I plan on approving them.”

Rick Scott proclaims June 12 ‘Pulse Remembrance Day’

Gov. Rick Scott has proclaimed next Monday, June 12, to be “Pulse Remembrance Day” in Florida, calling for flags to fly at half staff and for a moment of silence at 9 a.m.

In doing so, Scott also acknowledged the blows to the Hispanic and LGBTQ communities,  and does not explicitly describe the attack, which killed 49 and wounded 53, as a radical Islamic terrorist attack. That is characterization he has not always used, and for which he has received stern criticism from critics, most recently earlier this week from state Rep. Carlos Guillermo Smith, an Orlando Democrat.

“I encourage all Floridians to pause this Monday at 9 a.m. to share in a moment of silence to honor the victims of the Pulse terror attic,” Scott said in a release announcing the proclamation. “This was an attack on Orlando, our state, the Hispanic Community and on the LGBTQ community. It left a solemn impact on our state that we will carry with us for the rest of our lives.”

The proclamation begins by stating that on “June 12, 2016, a terrorist inspired by ISIS targeted the Pulse Nightclub in Orlando and took 49 innocent lives.”

It then states that “the LGBTQ and Hispanic communities were viciously attacked during this senseless tragedy.”

It goes on to praise the responses, bravery, heroism, care, compassion and love from law enforcement, first responders, medical personnel, volunteer and charitable organizations.

It also commends groups for coming together “to restore hope and pecs during Orlando’s darkest time of need,” and acknowledges the “lives of survivors, families and loved ones forever changed by this senseless and hateful act.”

“The horrific terror attack at Pulse attempted to rip at the seams of our society, strike fear in our hearts and divide us,” Scott stated in the news release. “Yet, in the face of extreme adversity and loss, Floridians showed resiliency, bravery and love. Over the past year, our state, the city of Orlando and the many Floridians affected by this tragedy have shown incredible resolve as we continue to mourn the loved and lost. As we pause to honor the 49 victims of this tragic attack this Monday, my wife and I will say a prayer for each of them and their families. We will also be reminded of all the people who helped others in need. The law enforcement officers, first responders, medical personnel, faith and spiritual leaders and Central Florida families defined what Florida is all about. We care about each other and we came together when it was needed the most.”

 

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