Sen. Marco Rubio refutes Gov. Rick Scott on Cuba crackdown law

Sen. Marco Rubio joined the chorus of Republican lawmakers who disagree with Gov. Rick Scott for calling a Cuba-crackdown bill unenforceable and unconstitutional.

“I believe that it’s constitutional,” Rubio told The Miami Herald and WLRN-Miami Herald News, “but I don’t sit on the Supreme Court. So it’s not going to be my decision to make.”

Asked if Congress and the president are needed to act to authorize the controversial Florida law — as Scott believes — Rubio said, “I don’t think so.”

Rubio’s stance was the gentlest of rebukes of Scott, who incensed his fellow Republican lawmakers from Miami-Dade on Tuesday when he signed the crackdown law with great fanfare at a public event at the Freedom Tower — only to issue a signing statement moments later that essentially called the law meaningless.

The lawmakers, all members of Miami’s Cuban exile community, felt betrayed by the statement, in large part because Scott didn’t tell them he would issue it. They said the statement undermined the law, which prohibits state and local governments from contracting with companies that have business operations in Cuba or Syria.

One of Rubio’s close friends and allies, Congressman David Rivera, even threatened to sue the governor if the law didn’t go into effect on the scheduled July 1 date.

Scott retreated somewhat from his signing statement the following day, Wednesday, when he agreed with the lawmakers that the law is valid and would become effective in two months.

“I think the governor has, from what I’ve read briefly, restated his position in a way that I think is more appealing to people here who are concerned about it,” Rubio said.

Read more here: http://www.miamiherald.com/2012/05/03/2781652/sen-marco-rubio-refutes-gov-rick.html#storylink=cpy

More here

Gov. Rick Scott, under pressure, retreats from statement calling anti-Cuba law unenforceable

Gov. Rick Scott has started retreating from a controversial statement that a Cuba-crackdown bill he signed the day before was unenforceable.

In a written statement, Scott now acknowledges that the law will go into effect. And he reiterated his support for it — even though he thinks it might not survive a legal challenge.

“Constitutional lawyers have told me that this legislation will be challenged in court. I signed the bill regardless of that fact, and it will become a state law on July 1, 2012,” he wrote. “As Governor, it is my sworn duty to uphold the laws of the state and I will meet any challenge to this law in court as necessary.”

Scott’s move was a peace offering of sorts to Miami’s Cuban-American lawmakers, who were incensed Tuesday when he signed the bill into law at the Freedom Tower — only to issue a letter afterward that suggested the law is unconstitutional.

The law would prohibit state and local governments from hiring companies — notably Odebrecht, a Brazilian engineering and construction firm that works extensively in South Florida — whose parent companies or affiliates also do business in Cuba or Syria. Because the state law could affect foreign commerce, Scott said in his Tuesday letter, it needed the approval of Congress and the president.

Scott’s letter blindsided the members of Congress and the state Legislature — all Republicans — who were never told he would espouse that position. They said the state law was fine and that Scott’s letter potentially undermined it because it armed opponents with a potent legal argument if and when they sue.

“It’s unfortunate this very ill-conceived statement muddies the waters,” U.S. Rep. Mario Diaz-Balart said earlier Wednesday, before Scott’s latest statement came out.

Story here.

Rene Garcia asks Mike Haridopolos to 'examine' Gov. Rick Scott's signing statement on anti-Cuba law

Sen. Rene Garcia sent Senate President Mike Haridopolos a letter Wednesday asking him to "examine" Gov. Rick Scott's signing statement in which he called a new anti-Cuba law essentially unenforceable.

Garcia, a Hialeah Republican, sponsored the legislation cracking down on awarding government contracts to companies with business ties to Cuba and Syria. Scott signed the bill in a ceremony at Miami's Freedom Tower on Tuesday -- and then issued a signing statement saying federal authorization would be required to enforce the bill's restrictions, "effectively nullifying the legislation," as Garcia wrote to Haridopolos.

That did not sit well with Miami-Dade's Cuban-American Republicans, who felt blindsided by the governor. U.S. Rep. David Rivera of Miami went as far as suggesting he may sue the governor.

"By this letter, I am requesting that your office examine the constitutionality of Governor Scott’s actions as to the execution of this bill or lack thereof," Garcia wrote in the letter. Read the letter here.

Gov. Rick Scott will sign bill banning governments from hiring companies tied to Cuba

Gov. Rick Scott said on Friday that he intends to sign contentious legislation that would ban the state and local governments from hiring companies with business ties to Cuba and Syria.

The governor will sign the bill on Tuesday in Miami, he told Spanish-language radio station WAQI-AM (710), known as Radio Mambí.

“As we all know, the record of the Castro and Assad governments are undeniably repressive,” Scott told host Ninoska Pérez Castellón. “I’m going to sign legislation that protects Florida taxpayers from unintentionally supporting dictatorships that commit such despicable acts.”

In throwing his support behind Florida House Bill 959, Scott sided with the near-unanimous majority of state lawmakers who voted for the legislation, which was authored by Miami-Dade Republicans who argued taxpayer dollars should not fund companies connected to oppressive regimes in Cuba and Syria.

Working story here.

Miami-Dade Republicans press Gov. Rick Scott to sign new Florida bill banning governments from hiring companies tied to Cuba

Backers of legislation prohibiting the state and local governments from hiring companies whose affiliates work in Cuba have gone on the offensive to pressure Gov. Rick Scott to sign HB 959 into law.

The renewed effort comes after the influential Florida Chamber of Commerce and business interests in top trading partners Brazil and Canada raised red flags about the legislation, which they say could be unconstitutional -- and drive away investment.

The bill received near-unanimous support in the Legislature, with only one person, Miami Democratic Sen. Larcenia Bullard, voting against. The measure was sponsored by two Miami-Dade Republicans, Sen. René García of Hialeah and Rep. Michael Bileca of Miami.

Garcia sent Scott a letter Tuesday urging him to sign the bill into law. "Many of our constituents have fled communist Cuba, leaving everything behind to find refuge in our great state," he wrote. "By signing this bill, you will be honoring our commitment to them and acknowledging their perilous plight towards freedom."

Trading partners warn of backlash if Rick Scott signs anti-Cuba bill pushed by Miami-Dade lawmakers

Florida’s top two foreign trading partners and the Florida Chamber of Commerce are sounding alarms about a new state law banning governments from hiring companies with business ties to Cuba.

The warnings from economic powerhouses Canada and Brazil pit mighty business interests against the Miami-Dade lawmakers who authored the bill and the majority of legislators who voted for it, placing Florida’s pro-business governor in a political bind.

The frustrated business lobbies have made their concerns known to Gov. Rick Scott, who has until May 5 to sign or veto the legislation, which was formally sent to him Friday. He could also let the measure become law without his signature.

Florida Chamber President Mark Wilson told The Miami Herald he received an unusual phone call from the office of the Canadian ambassador to the United States, which is concerned that the law would affect a slew of Canadian companies that work in both Florida and Cuba.

Wilson said the companies told the Canadian government “that they will not be making any more investments in Florida for fear they might get hit by this.”

Canada is one of Florida’s largest trading partners, second only to Brazil — whose similar complaints about the law have gone all the way to Washington.

Brazilian Minister of Trade and Industry Fernando Pimentel brought up Florida House Bill 959 earlier this month with U.S. Commerce Secretary John Bryson, who told him the administration could not do anything until the state legislation becomes law, according to a Brazilian official.

More here.

Marco Rubio is Colombia-bound for Summit of the Americas (so is Obama, Chavez...)

Sen. Rubio's office confirms that he'll be "traveling to Colombia for the Summit of the Americas this weekend. Senator Rubio has pushed to promote democracy in the western hemisphere. This summit is a good opportunity for Sen. Rubio to discuss the importance of democracy with leaders from around the region, and help strengthen America’s relationships in this important part of the world."

President Obama, who will meet with "skeptical leaders," is heading there after a Friday Tampa event. Venezuela's strongman Hugo Chavez is scheduled to appear. Fidel Castro isn't going, but he reportedly made fun of Obama's plan to wear a guayabera.

Little known fact: Rubio's wife, Jeanette, is of Colombian descent and she's going along on the trip (at no additional cost to taxpayers).

Marco Rubio lifts hold on State Department nominee

Sen. Marco Rubio, R-Fla., said he'll lift his hold on the nomination of Roberta Jacobson as assistant Secretary of State for Western Hemisphere Affairs, a job that includes overseeing U.S. relations with Cuba. His change of heart comes "following months of negotiations with the administration in the hopes of cracking down on abuses of the people-to-people Cuba travel policy," his office said.

"This policy has been abused by some people who are more interested in profiting from tourism than in a meaningful effort to bring about democratic change in Cuba," Rubio said in a statement. "In doing so, they have also undermined our entire Cuba policy by providing hard currency to a cruel regime that oppresses its people."

Under the rules of the Senate, a single senator has the ability to block votes on nominees or legislation by placing a so-called "hold" on it. 

Read more here: http://miamiherald.typepad.com/nakedpolitics/2011/11/marco-rubio-to-oppose-state-department-official-charged-with-us-cuba-relations.html#storylink=cpy

Rubio said he still has concerns about the entire program, but that as a condition for lifting his nomination hold, he asked the administration to enforce its own regulations and stop what he called "the more egregious abuses." 

The State Department agreed to make changes that will require applicants to demonstrate how their itineraries constitute purposeful travel that would support civil society in Cuba and help promote their independence from Cuban authorities, Rubio said.

Rubio previously described the Obama administration's policy towards Latin America as one that's been "defined by appeasement, weakness and the alienation of our allies."

Jacobson during her confirmation hearing defended the Obama administration’s policies toward the communist island nation, including policies that allow Cuban-Americans to send more money there.

Jacobson, who appeared in November before the Senate Foreign Relations Committee for her confirmation hearing, also told senators that the administration would do whatever it could through diplomatic channels to secure the unconditional release of U.S. contractor Alan Gross, who has been imprisoned in Cuba for more than two years.

 more here: http://miamiherald.typepad.com/nakedpolitics/2011/11/marco-rubio-to-oppose-state-department-official-charged-with-us-cuba-relations.html#storylink=cpy

Miami-Dade attorney: Florida law restricting hiring of companies with business ties to Cuba 'inoperative'

Miami-Dade should not enforce a new state law that prohibits the hiring of companies with business ties to Cuba because it conflicts with federal law, according to an opinion issued Wednesday by the county’s chief attorney.

Robert Cuevas concluded that the terms of Florida House Bill 959 that refer to Cuba cannot be enforced until the federal government authorizes states to enact such procurement limitations, or a federal court finds the law constitutional.

He based his opinion on legal precedent — including federal rulings in Florida and Miami-Dade cases — holding that state and local governments cannot interfere with the federal government’s ability to set foreign policy, echoing critics of the law who have called it unconstitutional.

Federal law already prohibits American companies from doing business with Cuba, via the U.S. trade embargo on the island. The new state law, among other things, prevents local governments from hiring foreign firms that work in Cuba, directly or through affiliates, for contracts worth at least $1 million.

It appears pointed at one of Miami-Dade’s largest contractors: Odebrecht USA, the Coral Gables-based subsidiary of the giant Brazilian conglomerate. Another subsidiary of the firm is performing major upgrades to the Port of Mariel in Cuba.

The law, which was sponsored by Miami-Dade legislators and received near-unanimous support in Tallahassee, is awaiting Gov. Rick Scott’s signature or veto. The governor could also let the legislation go into effect July 1 without signing it. More here.

Miami-Dade county attorneys have questions about new law on companies doing business with Cuba

At Tuesday's Miami-Dade commission meeting, Commissioner Esteban Bovo called on Gov. Rick Scott to sign legislation prohibiting local governments from doing business with companies with ties to Cuba -- and on the county to follow it.

"The last time I checked, Miami-Dade County is in the state of Florida, and I would expect that we would comply with the law," Bovo said. "This is something that is very, very serious, and I would strongly encourage that the governor sign this legislation into law."

But Bovo and Chairman Joe Martinez said they have spoken to county attorneys who have raised legal questions about the enforceability of the law.

"We're going to have to bring it up," Martinez told commissioners, suggesting that they'll want to talk about the issue in more depth soon. "I always thought that we had to abide by a state law, but apparently they're preempted by a federal law."