December 06, 2016

Florida Supreme Court denies Rivera ethics appeal

From the News Service of Florida:

The Florida Supreme Court on Tuesday declined to take up an appeal by former state lawmaker David Rivera in a long-running ethics case.

As is common, justices did not give reasons for turning down Rivera's appeal of a July ruling by the 1st District Court of Appeal. Chief Justice Jorge Labarga and justices Barbara Pariente, Peggy Quince and James E.C. Perry agreed to reject the case, while Justice R. Fred Lewis wanted to hear oral arguments. Justices Charles Canady and Ricky Polston did not take part, according to an order posted online.

An attorney for Rivera in September urged the Supreme Court to take up the constitutionality of a law that allows the House speaker to impose fines against Rivera in the ethics case, which includes allegations that Rivera was improperly reimbursed by the state for travel expenses that had been covered by campaign accounts.

The state Commission on Ethics and an administrative law judge ruled against Rivera, who has disputed the characterization of his actions but could face nearly $58,000 in fines.

The 1st District Court of Appeal ruled in July that it was too early for Rivera to challenge the constitutionality of the law allowing him to be fined by the House speaker.

While the ethics commission recommended a penalty, the House speaker is charged by the law with the final decision. Rivera’s attorney asked the Supreme Court to consider the “ripeness” issue, but Attorney General Pam Bondi's office asked justices to turn down the appeal.

Rivera, a Miami Republican who served as House budget chairman, left the Legislature in 2010 and served a single term in Congress. He lost a bid to return to the state House last month.

November 22, 2016

Robert Asencio is sworn in to the Florida House despite attempt by David Rivera to challenge him

Robert Asencioby @MaryEllenKlas

After a ruling by the Secretary of State that Democrat Robert Asencio's 53-vote victory over former state Rep. David Rivera was legitimate, the Florida House swore in the Democrat and rejected Rivera's seating challenge. 

The House unanimously rejected the formal challenge for House District 118 Tuesday, during the House's post-election organizational session, after the Florida Canvassing Board, headed by Secretary of State Ken Detzner certified the vote after a recount.

After 10 hours of counting ballots, Miami-Dade County elections department last week declared that Asencio finished with 31,412 votes and Rivera 31,359 — a margin 15 votes closer than when the recount began.

"There is no assertion and no evidence submitted that the Miami-Dade canvassing board...In other words, there was no allegation of any irregularity,'' said Rep. Larry Metz, R-Umatilla, who moved to dismiss the seating challenge. The motion was unanimously approved. 

Rivera’s lawyers asked elections officials to impound about 300 disputed ballots — mostly absentee ballots on which the voter’s signature was either missing or ruled not to match signatures in elections department records -- and asked the Florida House leadership to halt Asencio's swearing in until the ballots were reviewed.

Rivera said the he had received affidavits from 59 of those voters saying they voted by mail and cast their ballots for him and should be counted. But the recruitment and review of selected affidavits would have been unprecedented in a race that did not involve fraud. 

The unanimous vote of the House seated everyone who was sworn in and deemed them all qualified. 

 "Seeing that the House of Representatives is the sole judge of the qualifications, elections and returns of its members, by a vote of the House, you are now officially members of the House of Representatives. Congratulations," said outgoing House Speaker Steve Crisafulli.  

Photo: Robert Asencio

October 24, 2016

David Rivera's latest television ad: Blame it all on Joe Garcia

Garcia Rivera adIn his latest ad attempting to discredit his Democratic opponent, David Rivera is now pinning the blame on his longtime foe, former  Democratic Congressman Joe Garcia, accusing him of "obsessive attacks against David Rivera." The ad inexplicably also offers up a subliminal message, showing a logo for Granma, the Cuban government paper.

Garcia defeated Rivera, who was hoping to be re-elected to Congress in 2012. Garcia then lost the seat to Carlos Curbelo, a Republican, in 2014. Curbelo and Garcia are now in a re-match.  

Rivera's ad is being run on Spanish language television and features his discredited claim against Robert Asencio, his Democratic opponent in the House District 118 race. Asencio, an army veteran and 26-year member of the Miami Dade Schools police department, is 'a criminal,'' the ad claims, referring to unsubstantiated and dropped complaint from the parent of a child who was disciplined on a school bus in 2003.

The school district has said Asencio did nothing wrong, and the local chapter of the Fraternal Order of Police has withdrawn its endorsement of Rivera for "running a false and defamatory campaign against career public servant and distinguished police officer Robert Asencio." 

Here's the script from the misleading Rivera ad:

"Joe Garcia's allies continue their obsessive attacks against David Rivera. Now their pal Robert Asencio wants to imitate Garcia with his lies and false attacks against David Rivera. Maybe he does it because Asencio has a police record for physically abusing a boy and is now under federal investigation of other crimes.
"Go to the website "Asencio is a criminal.com" and tell Robert Asencio to explain his crimes against children. Say no to Robert Asencio."  Download IMG_2284

 

October 21, 2016

Rivera plays the Rubio card

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@PatriciaMazzei

Trying to capitalize on his most famous political friend, David Rivera sent Miami voters a new flier this week prominently featuring an old photograph with none other than Marco Rubio.

"Marco Rubio and David Rivera fighting together for a better future for our families," it reads, in Spanish. "Always by your side."

Rivera doesn't tout an explicit Rubio endorsement. But it certainly implies one.

Rubio, who is busy with his own reelection campaign to the U.S. Senate, hasn't endorsed anyone in Rivera's race. Rivera is vying to return to the state House, four years after losing his seat in Congress under a cloud of political scandal.

Ever since, Rubio has maintained a public distance from Rivera. They sold the house they jointly owned in Tallahassee last year, as Rubio embarked on his presidential candidacy. Earlier this year, Rivera quietly campaigned for Rubio in Iowa ahead of the first-in-the-nation caucuses. Rivera announced his candidacy the day after Rubio lost the Florida primary and dropped out of the race.

Rivera served as Rubio's rules chief when Rubio was Florida House speaker, and their friendship dates to long before then. The photo used in the flier shows both men when they were much younger, smiling and shaking hands in what appears to be the House floor.

This year, Rivera is embroiled in an ugly contest in House District 118 against Democrat Robert Asencio.

During the primary, Rubio's former rival, Jeb Bush, endorsed a Rivera opponent, Lynda Bell.

An earlier version of this post misstated the number of the district Rivera is seeking.

October 19, 2016

Rivera recycles TV ad from 2012 congressional race

@PatriciaMazzei

David Rivera looks a little less gray in his only positive ad running Spanish-language TV. That's because the political commercial is four years old.

The 30-second spot features Daniela Peláez, a so-called "Dreamer" whose parents brought her to the U.S. from Colombia illegally as a child. Thanks in part to intervention from then-U.S. Rep. Rivera, she was able to remain in the country.

"When I faced the threat of deportation, I went to see my congressman, David Rivera," she says in the ad.

Except Rivera isn't a congressman anymore. He lost his reelection in 2012. That's the year Peláez -- then a student -- cut the commercial for Rivera.

No matter: Rivera has brought out the old ad back. It still identifies Peláez as a student. It changes none of her words, or his.

The only difference is the campaign logo, which now says Rivera is a candidate for the Florida House of Representatives, and the written disclaimer on the end, which also correctly identifies his new campaign.

Rivera is running for the open House District 114 seat against Robert Asencio. The race is a nasty one.

 

October 12, 2016

David Rivera is back and he's got dirt, but it's not substantiated

A political committee supporting David Rivera is sponsoring a website and running robo calls accusing his challenger for House District 118, Robert Asencio, of being a “child abuser” based on an unsubstantiated 2003 complaint.

Asencio, a Democrat and former sergeant and police investigator with Miami-Dade County Schools, is running against Rivera, the former Republican congressman who is attempting to return to the Florida House.

David RiveraThe allegation, promoted by Rivera’s backers, is based on a complaint by a Hialeah parent in 2003 who said the officer pulled her son “out of her seat by the neck and shirt” while riding on a school bus in February 2003 because she said her son was “disrespectful.”

The school district investigated the complaint and closed the case with a memo to the file, as required by law, said Raul Correa, public information officer for Miami-Dade Schools’ chief of police this week.

“It basically means no violations of law, policy, procedures or guidelines occurred — nothing here — but we're going to put a memo in the file,’’ he said. “It wasn't even a violation of minimum standards.”

Correa also dismissed the claim that Asencio, who worked for another 13 years with the department after the complaint and was promoted to captain, was a child abuser. Robert Asencio

“Our standards are high standards and we do not have child abusers working as police officers in the school district,” Correa said, adding that his comments should not be construed as endorsing either candidate.

Asensio, who retired a year ago after 26 years on the Miami Dade Schools police force, called the allegation, and others on the website “totally false, gutter politics.”

“As police officers you deal at times with unruly people — and I’m not saying that's the case here because I don't remember it,’’ he said. “But it's common knowledge police have to take people in custody, or restrain them for their own safety or the safety of others.”

But Rivera, who initially urged the Herald/Times to review the web site and then said he did not know who was behind it, stood by the claims.

“Mr. Asencio being physically abusive toward a child is 100 percent true,’’ he said. “...There is never any excuse for any school official to put a finger on a child, much less for being ‘disrespectful.’ No parent would accept having their child grabbed by the neck by anyone. Physical and abusive behavior toward a child is unacceptable. Period. End of story.” Story here. 

 

September 19, 2016

David Rivera briefly listed as 'special guest' to Miami-Dade GOP campaign office opening

FullSizeRender (11)@PatriciaMazzei

The Miami-Dade Republican Party plans a grand opening for its West Dade campaign headquarters Saturday.

An invitation by the party lists the office address as 12747 SW 42nd St. and urges supporters to come by to volunteer, make calls and later be served food and refreshments. No campaigns or candidates are listed.

But a draft version of the invitation, which leaked Monday evening, listed former U.S. Rep. David Rivera -- now running for the state House -- and local GOP Chairman Nelson Diaz as "special guests." The draft also showed off logos for the campaigns of Rivera, state Rep. Frank Artiles (who is running for state Senate), U.S. Sen. Marco Rubio and Donald Trump, though it seemed unlikely all of those campaigns signed off.

The draft was reworked after making the rounds among local political players, who circulated it privately either to note the lack of a required political disclaimer (a sign that it was, in fact, an unfinished invitation) or to criticize Rivera's involvement. He remains under federal criminal investigation into an unlawful 2012 campaign-finance scheme but nevertheless won the Republican primary last month for state House District 118.  FullSizeRender (12)

By the time a final invitation was completed Monday night, the logos and names had been removed -- and a disclaimer had been put in. 

The West Dade HQ is one of two offices recently opened by the local party (the other one is in Hialeah). Republican National Committee Co-Chairwoman Sharon Day of Broward touted the offices Friday night at a Trump rally in downtown Miami.

September 02, 2016

Daphne Campbell celebrates her primary win -- with David Rivera

Campbellrivera

@alextdaugherty

Daphne Campbell was all smiles during a post-election victory party at MOCA Cafe & Lounge in North Miami. 

And the Democratic state representative had a few guests from the other side of the aisle. 

Campbell won her state Senate primary by a comfortable margin on Tuesday -- and she celebrated with a few notable Miami-Dade County Republicans: former congressman and Republican state Rep. nominee David Rivera and Miami-Dade Republican Party Chairman Nelson Diaz.  

Campbell, who is the heavy favorite to win the Democratic-leaning Senate seat against no-party candidate Phillip Brutus in November, has a voting record on social issues like abortion that aligns more with Republicans than Democrats. 

A.D. Lenoir, a Miami pastor and 2014 county commission candidate, posted the photo with Diaz and Campbell on Facebook.

"Congratulations to Senator Daphne...the most conservative Democrat that I know!" Lenoir's post said. "Standing strong & solid on your Christian values, pays dividends in the end!"

Campbell posted the picture with Rivera herself.
 
"Daphne Campbell is a strong Christian woman of faith who praises God for her blessings just as I do," Rivera said in a text message to the Miami Herald.
 
Rivera and Campbell have dealt with legal challenges in the past. Rivera remains involved in a pending federal investigation and faces allegations of violating state ethics laws. Campbell was under investigation by the state attorney on allegations of Medicaid fraud and her campaign manager recently completed probation for campaign finance violations. Neither has been charged or indicted.

Diaz and Campbell did not immediately return a request for comment.

This post has been updated to include Rivera's comment.

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Daphne Campbell (third from right) poses with supporters including Miami-Dade GOP chair Nelson Diaz (third from left).

 

 

August 31, 2016

A Miami tradition: Electing troubled candidates

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@alextdaugherty

Miami-Dade County voters decided Tuesday that a candidate with 19 arrests, a candidate who has been investigated for Medicare fraud and a candidate still under suspicion of violating federal law by secretly financing a ringer campaign were all worthy of winning election.

Roy Hardemon is heading to Tallahassee as a state representative despite his lengthy rap sheet. He has no opponent in November.

Daphne Campbell is poised to move up to the state Senate from the state House despite her home healthcare business being shut down by the state. She defeated five rivals and now faces an independent candidate.

And David Rivera, a former congressman, is close to returning to the state House, where he began his political career alongside Marco Rubio, despite the ongoing federal criminal investigation into his 2012 reelection campaign. A Democrat with no political experience is the only thing that stands in his way.

In state legislative races, local voters seem to love a good political redemption story.

“It does say a lot about South Florida — and our society in general — that 33 or 34 percent of the electorate decided to vote for David Rivera,” said Emiliano Antunez, the campaign manager for Rivera’s chief primary rival, Kendall businessman Anthony Rodriguez.

August 29, 2016

What you need to know for Tuesday’s primary election

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@alextdaugherty and @doug_hanks

Planning to vote in Tuesday’s primary election? We’ve provided answers to a list of frequently asked questions.

Numerous races are on the ballot, notably the election for Miami-Dade County mayor, along with Republican and Democratic primaries for U.S. Senate. Various state legislative, school board, county commission and judicial seats are also up for grabs in Miami-Dade and Broward.

I’m not a registered Republican or Democrat. Should I bother to vote?

For some offices, like U.S. Senate and Congress, only registered members of a specific party may vote. But in Miami-Dade County, all registered voters can cast a ballot for mayor, school board, county commissioner and judge. If no candidate receives more than 50 percent of the vote, a runoff election will be held in November for the top two finishers.

In Broward, independents can vote in non-partisan races, including contests for judge, state attorney and school board. Voters in both counties are also voting on a constitutional amendment about solar energy.

So is the mayor’s race in Miami-Dade ending Tuesday or not?

That depends. If one candidate receives more than 50 percent of the vote, the race ends. If not, the race heads for a November run-off on Election Day between the top two finishers.

That’s just for the mayor’s race?

No, that’s the rule for all non-partisan primaries, which is how most county-level and city-level races are decided. So school board races, judge races and other local posts could wind up on the November ballot if no winner is declared Tuesday.

What about the races for Miami-Dade County Commission?

Those three races would be eligible for a run-off, except each contest only has two candidates. A run-off is only a possibility with more than two candidates.