Florida Supreme Court OKs fair districts amendment fiscal impact

The Florida Supreme Court on Thursday approved the fiscal impact statement that accompanies the 2010 ballot initiative about legislative district boundaries. But Chief Justice Peggy Quince dissented because she believes the statement is biased and not realistic. She said it "should not be used as a scare tactic to discourage the voter." (Download redistricting advisory opinion.)

The court previously rejected the first impact statements and Financial Impact Estimating Conference, a state commission, submitted a revised analysis. But the language remains vague. It reads: "The fiscal impact cannot be determined precisely. State government and state courts may incur additional costs if litigation increases ..."

FairDistrictsFlorida.org, the sponsor of the constitutional amendment, opposed the second half of the statement, suggesting it includes unverifiable speculation about future unknown costs. The state's high court is allowing it, citing a precedent, but left the door open to challenge such vague statements in the future.

Three justices concurred with the opinion, two concurred with the result only, one recused herself and the chief justice dissented.

Crist commutes sentence in Tampa manslaughter

From the Times' Meg Laughlin: Jennifer Martin, who was convicted of manslaughter in a 1998 car crash that killed a passenger, had her sentenced cut in half Tuesday by Gov. Charlie Crist. She will be released Wednesday from prison.

Martin, 30, was sentenced in 2000 to 16 years in prison for her role in the Interstate 4 crash that killed Josh Nicola, 23, and severely injured Scott Schutt, 23.

Crist's decision followed a clemency hearing last week at which Martin's former prosecutor had sought mercy. Chief Financial Officer Alex Sink had championed Martin's clemency bid after reading a story in the St. Petersburg Times.

The other two members of the state's clemency board, Agriculture Commissioner Charles Bronson and State Attorney General Bill McCollum, also voted to commute Martin's sentence.

D'Alemberte petitions state Supreme Court for Innocence Commission

Talbot "Sandy" D'Alemberte -- a former state lawmaker, president of the American Bar Association and FSU President -- filed a petition with the Florida Supreme Court this afternoon asking the high court to create an organization to investigate wrongful convictions.

"I think it's just strange to see all the recent exonerations and not try to learn something about the mistakes we've been making," he said in an interview.

The petition, signed by 60 lawyers, including some former state Supreme Court justices, wants to create the Florida Actual Innocence Commission modeled off the system in North Carolina by the same name. The idea is not new but D'Alemberte cites the recent cases of Alan Crotzer, Wilton Dedge and nine others who were exonerated after initially being convicted. It also come a day after the Florida Innocence Project announced its had new evidence to clear a Polk County man.

D'Alemberte, a prominent Tallahassee attorney, had harsh words for the Florida Bar Association, who he feels needs to do more to police the lawyers involved in these cases. "I am shocked the Bar hasn't opened ethical inquiries into these recent cases," he said. "I'm surprised they haven't shown more interest in the way the criminal justice system works."

Cabinent signs order rescinding rights

Gov. Charlie Crist and his fellow Cabinet members quietly signed an order Wednesday to revoke the civil rights mistakenly restored to 11 felons.

State auditors conducted a review of the Parole Commission that found a 6 percent error rate in sample of 203, meaning that 13 felons were granted the rights without authorization. Two felons are still incarcerated and no action was necessary to rescind their rights.

"There's human error involved in a lot of things that happen," Crist said. "These people are trying to do the best that they can and sometimes mistakes occur. When they do, you try to rectify it and that's the best that you can do."

An opinion piece in the St. Petersburg Times today, written by Mark Schlakman, suggests more work needs to be done.

EPA limits on water pollution get political

The EPA's decision to set water pollution limits in Florida is quickly becoming a political issue -- and given the potential effect on big business and big agriculture, one that is attracting a litany of special interests.

Michael Sole, the state's Department of Environmental Protection secretary, briefed the Cabinet on Tuesday. All members, in particular Attorney General Bill McCollum who called the EPA's actions "outrageous," appear ready to go to court to challenge the federal government if they don't like the number set in January.

Already one legislative committee heard from DEP about the issue and a second group of lawmakers will get briefed this afternoon.

The forces aligned against the EPA -- led by Agriculture Commissioner Charles Bronson, who expressed skepticism in global warming yesterday -- are making presentations with heightened rhetoric about a standard that the federal government hasn't even set yet. Likewise, the environmental groups that settled the lawsuit with the EPA continue to parade the same series of enlarged algae bloom photos to prove their point.

But in an interview, Sole clarified a few points that should quiet the crowd's draconian predictions -- if they listen.

Judge refuses to dismiss Confederate Veterans lawsuit against Florida

The Sons of the Confederate Veterans is trumpeting what they call a major victory this week in its efforts to get a specialty license plate in Florida.

The controversial group filed a lawsuit in January against Legislature and the state Department of Highway Safety and Motor Vehicles after lawmakers refused to take action on its "Confederate Heritage" plate (see it here) application in 2008.

U.S. District Judge John Antoon II in Orlando dismissed the complaint against the lawmakers but refused to drop the case against the state motor vehicle department, according to the Dec. 1 order.

The judge's decision "is a huge step forward for our case and the ruling will pave the way for the Confederate Heritage plat to become a reality," said attorney Fred O'Neal, who argued the case on behalf of the group.

Fla. Supremes OK Crist's grand jury on corruption

Only two days after denying an initial request for a statewide grand jury because it was too vague, the Florida Supreme Court has approved a more detailed request submitted by Gov. Charlie Crist.

Originally aimed at public corruption, the new grand jury would look at a lengthy list of crimes -- including burglary, drug offenses, RICO crimes and fraud. The statewide grand jury could return indictments on crimes as long as they were committed in two or more of Florida's 20 judicial circuits.

Victor Tobin, the chief judge of the 17th judicial circuit in Broward County (where much of the recent corruption has occured), was designated at the presiding judge of the grand jury. The initial request was denied 6-1. Wednesday's request was approved 7-0.

Download Filed_12-02-2009_Order_Empaneling_Grand_Jury

Crist and Attorney General Bill McCollum praised the decision. Their statements are below:

Supreme Court disbars Rothstein

As expected, the Florida Supreme Court approved the permanent disbarment of alleged Ponzi schemer and major political donor Scott Walter Rothstein. The order, signed by the court's clerk, allows the Florida Bar to recover $1,250 in costs from Rothstein, though it might be difficult considering those at the front of the reimbursement line.

Rothstein can appeal, and only after that window expires is it final, but the order is "effective immediately."

Reinhard sentenced to 51 months in prison

Don Reinhard, a former Florida State Seminole Boosters president and investor, was sentenced to 51 months in prison this afternoon in Tallahassee after pleading guilty earlier this year to federal tax fraud and other criminal charges. It was the maximum sentence allowed under federal guidelines.

Reinhard was accused of falsifying a tax return and hiding assets in a bankruptcy that followed the 2003 collapse of an investment scheme that snared some of the most prominent players in the state capital, costing them millions.

The most serious of the seven charges involved the purchase of a 36-foot Contender boat from Central Marine Service in St. Petersburg.

In seeking a loan, Reinhard submitted a 2001 income tax return that listed his income as more than $944,000, according to federal prosecutors. The return on file with the Internal Revenue Service listed his adjusted gross income as $389,000.

Reinhard had also pleaded guilty to three counts of bankruptcy fraud for not disclosing assets, including a glass gondola sculpture he sold amid the bankruptcy for $24,000 and the sale of a Harley-Davidson motorcycle. He also pleaded guilty to making false statements.

Reinhard filed for bankruptcy after the SEC, state regulators and a number of former investors accused him of defrauding investors who trusted him with millions of dollars.

Retiring judge asks court to force Crist to fill job

A retiring appellate court judge has asked the Florida Supreme Court to force Gov. Charlie Crist to appoint his replacement.

Judge Robert J. Pleus has continued to serve at the Fifth District Court of Appeal while waiting for Crist and the Judicial Nominating Committee that selected nominees for the job squabble over who should get the job.

The committee reviewed 28 applicants for the job last year and submitted six nominees to the governor. Crist asked the JNC to reconvene and submit a new list, saying he wanted more diversity. The JNC contends it is without authority to reconvene and come up with a new list.

The Constitution gives the governor 60 days after receiving a list of nominees to make the appointment, a deadline that elapsed on Jan. 5.

The petition to the state’s highest court was filed by Tallahassee lawyer Talbot “Sandy’’ D’Alemberte. Crist’s office had no immediate comment.
 
Lucy Morgan, Times senior correspondent