Lawsuit Filed on Florida's Lack of Lt. Governor

I have written previously that the Florida Constitution requires a Lt. Governor to be serving in office.

Lieutenant governor.— There shall be a lieutenant governor, who shall perform such duties pertaining to the office of governor as shall be assigned by the governor, except when otherwise provided by law, and such other duties as may be prescribed by law.

Former Lt. Governor Jennifer Carroll resigned in March of last year. Gov. Rick Scott can't use the excuse he hasn't had time to find a Lt. Governor. Scott has had nearly ten months to find a replacement.

Barbara DeVane of the Florida National Organization For Women has filed a lawsuit against Scott. DeVane is asking the Florida Supreme Court to make Scott meet his constitutional obligation by appointing a Lt. Governor. Unsuprisingly, Team Scott's chief counsel, Pete Antonacci, is publicly dismissing the lawsuit.

"Nothing is required of us until the court acts," Antonacci said. "If the court acts and it requires a response, we will respond."

Translation: the lawsuit isn't going to compell Scott to appoint a Lt. Governor. Why is Scott so determined to drag his feet on appointing a Lt. Governor. How hard is it to find someone who will do nothing more than attend ribbon cuttings?

Florida Supreme Court Will Hear League of Women Voters Case

The 1st District Court of Appeal ruled the lawmakers in the Florida legislature did not have to testify in the redistricting case brought up by the League of Women Voters. In a rather surprising move, the Florida Supreme Court will hear the League of Women Voters redistricting challenge. The LOWV is question the integrity of how the new congressional and legislative districts were drawn. If the districts were gerrymandered then legislators are placing themselves in a legally difficult position if they testify.

The League of Women Voters suit that the Florida Supreme Court will hear is against the Florida House of Representatives. The League of Women Voters attempted to get members of both the House and Senate to testify in the 1st District Court of Appeals case. The Florida Supreme Court case number SC13-949; SC13-951 list only the House as the defendant. A WMNF tweet names only the Florida House in material filed to the Florida Supreme Court by the League of Women Voters.

Lawmakers Won on Florida Supreme Court Decision

I don't have a great deal of knowledge about Florida law on legislative privilege. I have no reason to doubt that the 1st District Court of Appeal was upholding the law by protecting members of the Florida legislature from testifying on redistricting. I still would have liked to hear members of the legislature speak on-the-record about the redistricting process. From the decision.

"We are confident that respondents will be able to make their case that the plan was drawn with improper intent -- if, indeed, that was what happened -- with the evidence in the legislative record and their experts’ analysis of the plan and its underlying demographic data," wrote Judge T. Kent Wetherell, who was joined in the majority by Judge Scott Makar.

I don't believe that members of the Florida legislature should be hauled into court every time a group or a citizen has a disagreement on legislation. These elective officials would always be in court. I would like to see the legislature testify on matters as important as redistricting. The question is how can courts make that distinction. Does Florida law even give the courts that much leeway?

Judge Lewis' decision in the 1st District Court of Appeal did not touch upon testimony from the legislature. Lewis refused to dismissed the case because Sec. of State Ken Detzner argued that the Florida Supreme Court has executive jurisdiction over challenges to redistricting plans. Lewis noted that the argument wasn't true.

The problem with this argument is it flies it the face of the case law. In the 40 plus years this method has been in the Florida Constitution, and despite the several opinions on redistricting, including the two most recent opinions in 2012, the Florida Supreme Court has never held that it has executive judisdiction over over challenges to legislative redistricting plans. To the contrary, it has repeatedly stated that it was limited to a "facial" review and that consideration of the more fact intensive "as-applied" claims were "better suited for a court of competent judisdiction where there is an opportunity to present evidence and witness testimony and where the court has the ability to make factual findings based on the evidence presented."

THe Florida Supreme Court isn't designed to hear hours of witness testimony. That is why Detzner appealed the 1st District Court of Appeaal ruling. Lewis was more than willing to hear legislators and staffers speak on the redistricting process. The good news for the Legue of Women Voters is the Florida Supreme Court hasn't dismissed the case. As of now, the obvious winners from the Florida Supreme Court ruling is REpublican lawmakers and Democrats with gerrymandered districts.

Word of Advice to Florida Political Bloggers

Any e-mails you send to the offices of Florida government officials is public record. The Florida Supreme Court decision Times Publishing Company v. City of Clearwater ruled "WHETHER ALL E-MAILS TRANSMITTED OR RECEIVED BY PUBLIC EMPLOYEES OF A GOVERNMENT AGENCY ARE PUBLIC RECORDS PURSUANT TO SECTION 119.011(1)." The Sunshine law makes all e-mails received by Florida government computers public record. Just thought I let you know.

There Are No Jeb Bush Education Accomplishments

In 2006, the Florida Supreme Court ruled against Opportunity Scholarships vouchers.

Using the same term, “adequate provision,” article IX, section 1(a) further states: “Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.” For reasons expressed more fully below, we find that the OSP violates this language. It diverts public dollars into separate private systems parallel to and in competition with the free public schools that are the sole means set out in the Constitution for the state to provide for the education of Florida’s children. This diversion not only reduces money available to the free schools, but also funds private schools that are not “uniform” when compared with each other or the public system. Many standards imposed by law on the public schools are inapplicable to the private schools receiving public monies. In sum, through the OSP the state is fostering plural, nonuniform systems of education in direct violation of the constitutional mandate for a uniform system of free public schools.

A Palm Beach Post found students in the Opportunity Scholarship program scored in an F in FACT testing. Palm Beach schools got around the problem by letting voucher students graduate without taking the FCAT. Palm Beach voucher students are required to take an online FCAT. The course is based in Pennsylvania.

"Florida's nationally recognized accountability system, as established by the Florida Legislature, works to ensure that all students have the same opportunity to achieve at higher levels," a DOE spokeswoman told Ms. Green. "By circumventing Florida's prerequisites for a state-sanctioned diploma, districts do a disservice to our students and to our state as a whole."

Republican lawmakers have no idea how voucher students are doing on the FCAT. The FCAT was designed to flunk public schools. If Jeb Bush was truly interested in FCAt results, he would have required private schools receiving state money to take the FCAT. "What I saw was that 90 percent of the energy went to undermining our public schools with vouchers and charters," said former K-12 education chancellor Jim Warford.

Under Bush, Florida led the country two years with the lowest graduation rate. Bush's education legacy is a joke. Bush will sell his bogus education accomplishments to Newsmax and the Wall Street Journal. Bush would not dare make the same claims to the New York Times or Washington Post. It is hard to be an education maverick when Florida's national education rankings are shameful. Bush had two terms to boost education rankings. He chose to underfund schools and attempt to sabotage the class-size amendment.

Troll Hall of Fame: Bryan

Bryan used to troll around Pushing Rope and Tas's defunct blog Loaded Mouth. Tas and I took great joy in mocking Bryan. In 2006, Bryan promised to write a muckraking expose on Tas. Bryan never got to the article because of his busy schedule trolling other progressive blogs.

I wrote the post "Charlie Crist Economics 101." I argued the housing bubbble popped and sales taxes wouldn't pay for Florida's growth. I didn't know residents would start leaving the state. Creating a smaller tax base. Since then the housing market tanked and Florida is in a budget deficit. Bryan took pains explaining to me that this would never happen.

The article you linked indicates a substantial surplus in the current budget.
Given that Crist is correct about Florida's growth, what exactly is wrong with his economic understanding, assuming that that the inherent instability of sales-tax revenue in a tourist-reliant state doesn't lead to an exceptional decrease in revenue?

And if that were the case, wouldn't Crist be able to react in some manner, as by recommending a change in policy to account for the loss in revenue?

What policies changes has Charlie Crist instituted besides raiding trust funds and borrowing money? Cutting programs for the needy and driving the state in debt is not sound policy. Crist balked at the cigarette tax and walked away from Seminole Indian Tribe controversy.

Crist negotiated the deal without legislative approval. The Florida Supreme Court ruled the gaming compact unconstitutional. The Seminoles refused to shut down the blackjack and slot machines. Republicans have asked the federal government to intervene. The state is losing $100 million in tax revenue and Crist has remained silent on his mess.

Bryan the troll declares growth will save Florida.

If Florida is having problems paying for current growth management, then why is there a current surplus?

The housing bubble "popped"?
The bubble pops when prices start going down, not when the rise in prices slows.
http://www.naplesnews.com/news/2006/jul/12/economist_southwest_florida_housing_market_cooling/?business

Your argument against Crist's understanding of economics boils down to your past observations of tax cuts with increased spending?

We should assume that your past observations were made with similar anticipations of growth, or what?

Where is that Florida surplus, Bryan? The housing bubble popped when people stop buying houses. That is exactly what happened in Florida.

Bryan continues to argue the 2006 housing market was fantastic.

"Do you read your links?"

Of course. What part did you quote that you think translates into the housing market having popped?
The part about decreased confidence about the future?
Does "downward momentum" mean slowing price gains or decreasing prices?

Do you just read into stuff what you want to see, or what?

In 2006, I saw Florida in economic trouble. Bryan, I could ask you if you saw what you wanted to see. But that would be a pointless rhetorical question.

Bryan, you are the first inductee into the Pushing Rope Hall of Fame.

Side note: trolls using performance enhancing drugs will be disqualified.

The Hillsborough County Mayor Question Continues

In 2006, I questioned if the county mayor petition could pass legal challenges. The answer is a resounding no.

The Florida Supreme Court on Tuesday declined to hear an appeal from the group that had sought to ask Hillsborough voters if they'd like to create an elected county mayor.

Lower courts had ruled that the question was flawed in knocking it off this year's ballot. With the Supreme Court's refusal to hear an apeal, backers will have to rewrite the question and proposed charter change and collect signatures from registered voters again if they hope to get it on the 2010 ballot.

The Florida Supreme courts prior ruling dictate that ballot language be clear and precise. WMNF summed up the ballot language confusion.

The ballot question was originally in two parts:

1. Should there be a county mayor.
2. Should the mayor have veto power.

The latter part passed. Former Hillsborough County Commission Jan Platt noted people will be voting to give veto power to a mayor that doesn't exist. Platt's other argument is county officials are an extention of the state. The county mayor will have no power over the sheriff or the property appraiser. Is Mary Ann Stiles going to past those powers to the mayor with another ballot question?

I hate the county mayor idea and I don't see that changing.

FUBAR Over Property Tax Amendment

The Florida Supreme Court will decide if the original property tax amendment is constitutional. Judge Charles Francis ruled that the ballot language was too misleading. The first hearing on the matter will be December 3.

It would be better for the Florida Legislature to scrap the original amendment and complete the new one. Mrco Rubio screwed that up with a property tax cut that would have a difficult time passing the Senate. He knew this, but went ahead with doing little study about the economic impact of the new House-passed amendment. The House and the Senate has until next Tuesday at 11:59 p.m. Otherwise, the new amendment won't go on the ballot.

There is the question of what happens the the original amendment if the Florida Supreme Court finds it constitutional.

If the court were to reinstate the amendment to the ballot _ yet do it after the state deadline _ what will the Secretary of State's office do?

"That's not a question we have contemplated,'' said Department of State spokesman Sterling Ivey.

The ball is with the Florida Supreme Court. They can say the original amendment is the one that goes on the ballot. It then becomes a question of what what happens to the new-and-improved amendment. At the pace the legislature and court is going neither may make the ballot.

This is a reflection of Marco Rubio's leadership. He rushed a first amendment through the House. He proceeded to repeat the same mistakes with the second amendment with new qustions about whether it will pass constitutional muster. He screwed Charlie Crist and Ken Pruitt with their deal.

The House plan gives businesses, second-home owners and landlords a 5 percent yearly assessment cap similar to the one that owners of primary homes get with the Save Our Homes Amendment. That goes beyond an agreement Rubio had with Pruitt and Gov. Charlie Crist to limit the plan to increasing homestead exemptions, providing portability and giving a small tax break to businesses.

Pruitt will mostly likely take the 5 percent cap. Rubio created this delay strickly for his own political career. He can tell people he shashed taxes. He won't mention that he kept the legislature in gridlock.

Mike Huckabee On Terri Schiavo

Mike Huckabee provides an artful dodge on the Terri Schiavo issue. He wants to a Christian conservative and a federalist.

On governmental intervention in the Terri Schiavo case: “I had no problem with the state getting involved because it’s one of their citizens. but I wasn’t sure how the federal government had a role in all that.”

Skeptical social conservatives will read that as Huckabee would let laws get in the way of standing by principle. That is giving Huckabee too much credit. Huckabee has no regard for Terri's Law being illegal. The Florida Supreme Court ruled Terri's Law overstepped the separation of powers.

SEPARATION OF POWERS

The cornerstone of American democracy known as separation of powers
recognizes three separate branches of government—the executive, the legislative, and the judicial—each with its own powers and responsibilities. In Florida, the constitutional doctrine has been expressly codified in article II, section 3 of the
Florida Constitution, which not only divides state government into three branches
but also expressly prohibits one branch from exercising the powers of the other two
branches:

Branches of Government.--The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

“This Court . . . has traditionally applied a strict separation of powers doctrine,”
State v. Cotton, 769 So. 2d 345, 353 (Fla. 2000), and has explained that this doctrine “encompasses two fundamental prohibitions. The first is that no branch may encroach upon the powers of another. The second is that no branch may delegate to another branch its constitutionally assigned power.” Chiles v. Children
A, B, C, D, E, & F, 589 So. 2d 260, 264 (Fla. 1991) (citation omitted).
The circuit court found that chapter 2003-418 violates both of these
prohibitions, and we address each separately below. Our standard of review is de
novo. See Major League Baseball v. Morsani, 790 So. 2d 1071, 1074 (Fla. 2001)
(stating that a trial court’s ruling on a motion for summary judgment posing a pure
question of law is subject to de novo review).

The Florida Supreme Court failed to factor that Terri's Law was a violation of the Equal Protection Clause. All the laws must be applied to cititzens equally. Florida law provides "life-prolonging procedures may be withheld" if a vegetative patient if the guardian, the physician and medical ethics committee if it is in the best interest of the patient. Bush and the legislature made a law strickly to benefit the wishes of Schiavo's parents. The Supreme Court rightfully refused to hear the case.

I understand that Huckabee is trying to pander for votes. What a presidential candidates say matters. Huckabee's comments give a framework into the policy decisions he will make. Huckabee comes off as clueless.