Bush pioneer says insider trading allegations "will be proven wrong"

Prominent Broward physician Zachariah P. Zachariah, facing allegations that he broke federal securities laws, denies he bought stock in two companies based on inside information that they were about to be acquired.

The Securities and Exchange Commission, in a civil lawsuit filed last month, alleges that Zachariah received at least $585,000 in profits on information unavailable to the public.

Zachariah, 59, director of cardiology at Fort Lauderdale's Holy Cross Hospital and president of the Fort Lauderdale Heart Institute, refuted many of the SEC's allegations in court papers filed Monday night in Fort Lauderdale federal court.

Zachariah, who has raised millions of dollars for Republican candidates, also declared his innocence in an e-mail Tuesday.

''I have spent my career devoted to medicine, to public service and to charitable work, and I am very disappointed that this civil lawsuit has been brought,'' he said. ``However, I have the greatest faith in our legal system, and I firmly believe that the allegations in this lawsuit will be proven wrong.'' More here.

New South Florida corruption case

For the third time in two years, scandal has rocked Opa-locka City Hall, with the arrest Wednesday of an influential city consultant accused of demanding more than $300,000 in kickbacks from a city contractor.

Investigators say Emmanuel Nwadike, a private engineer under contract to the city, has acted as Opa-locka's chief engineer for the past six years, scoping out public-works projects, drawing up bid proposals and recommending construction firms for city jobs.

Nwadike used his position to steer about $2.4 million in city contracts to one firm, Hard J Construction, whose owner, MacDonald Jumbo, paid Nwadike about $348,000 in 2005 and 2006, according to an arrest report. More here.

Miami police chief to settle ethics case

Miami Police Chief John Timoney has reached a tentative settlement with the Florida Commission on Ethics, an agreement calling for the chief to pay a $500 fine and admit wrongdoing in connection with his 14-month extended ''test drive'' of a Lexus hybrid SUV.

The chief enjoyed free use of that vehicle -- with no insurance payments either -- courtesy of the Lexus of Kendall dealership. But Timoney never declared the SUV as a gift in required government-disclosure forms.

The proposed settlement says Timoney ''recognizes'' that he violated state disclosure laws.

Timoney's office declined comment Wednesday, saying the settlement has not yet received final approval -- which could come when the state ethics panel meets June 6.

Zapata and the Ethics Commission

Just days after the Florida Commission on Ethics decided that probable cause existed that Miami police chief John Timoney broke state ethics laws, a Miami legislator has filed a proposal to make sure it would never happen again.

Rep. Juan Zapata has filed an amendment to an ethics bill, HB 1113, scheduled to be heard on Friday that would require that the state commission dismiss any complaint if that person had also had their case dealt with by a county ethics commission. (Since Miami-Dade County is the only county with a full blown commission, it really only applies to them.)

The provision would not end Timoney's case. But if the law had been in place previously the state ethics commission could not proceed with the case against the chief. The Miami Herald previously reported that back in January the Miami-Dade Commission on Ethics and Public Trust fined Timoney $500 -- plus $342.50 in administrative costs -- for the chief's failure to disclose his 14-month extended "test drive" of a Lexus hybrid SUV.

In August 2007, WFOR-CBS 4 reported that Timoney ad driven the SUV free of charge for more than a year. The report prompted the chief to buy the vehicle at sticker price -- $54,269.11.

(UPDATE: The amendment was withdrawn by Rep. Julio Robaina on behalf of Zapata.)

Gift ban and lobbyist fee lawsuit heads to state high court

The U.S. 11th Circuit Court of Appeals in Atlanta ruled Thursday that the state's high court needs to rule on whether or not the law that imposed a strict gift ban on all legislators and state elected officials is in fact constitutional. Lobbyists Ron Book and Guy Spearman were among those who challenged the 2005 law, which also required many lobbyists to finally disclose how much money they are paid by clients.

The federal court ruled that the law is not "vague or overbroad" and does not violate any U.S. constitutional provisions, including First Amendment protections raised by the lobbyists who filed a lawsuit against the law.

But the court did rule that other questions raised by the lawsuit, including whether the act was enacted using correct legislative procedures must be decided by Florida judges. (A bit of the history--the lawsuit started in state court but got bumped to federal court by the lawyer hired by then Senate President Tom Lee to defend the gift ban.)

"These questions are solely issues of state law that should be decided by the Florida Supreme Court,'' states the ruling. Read the ruling here: Download lobbyist_ruling.pdf

Said Book: "It's a significant step on our behalf. We can get our day in state court which is the place where it should have been decided."

Miami police chief may have broken state ethics law

The Florida Commission on Ethics has found probable cause that Miami police Chief John Timoney may have violated ethics laws when he failed to disclose his use of a Lexus dealership's SUV -- which he drove free of charge for more than a year.

The commission's findings, released Wednesday, set the stage for the state panel to decide whether Timoney did indeed violate the law and whether any penalties should be recommended.

The criticism over Timoney's acceptance of the luxury auto from Lexus of Kendall has mounted since August, following a WFOR-CBS 4 report that Timoney had driven the SUV free of charge for more than a year.

The preliminary findings by the state panel comes on the heels of a scathing rebuke by the Miami-Dade Commission on Ethics and Public Trust earlier this year. More here.

Lobbyist could get hit with sanctions by House

House Speaker Marco Rubio on Thursday appointed a special select committee to investigate lobbyist Bill Barrett, who stands accused of failing to properly register as a lobbyist. Rep. Dennis Ross, a Lakeland Republican, was named chairman of the committee, which will have the power to investigate the case further and make recommendations of punishment to the full House, which could include sanctions, including a prohibition on lobbying the Legislature.

Interestingly enough Rubio's actions come on the heels of Barrett losing his contract to lobby for the city of Palm Bay to Aventura lobbyist Ron Book, according to this recent story in Florida Today.

Bennett beats the rap over charges he killed bill to hurt developer

Sen. Mike Bennett, a Republican from Bradenton, has been cleared by the Florida Commission on Ethics on charges that he used his position to try to force a developer to work out a deal with another developer. The dispute stems from a battle during the 2007 session when Bennett killed a local bill that would have created a special taxing district for approximately 5,700 acres in North Port in Sarasota County.

The lead prosecutor on the case concluded that while it was true that Bennett did kill the local bill there is not evidence that Bennett "misused" his position. However, the investigative report contains serious allegations, including that Bennett went to bat for former State Sen. Pat Neal, who owned property adjacent to the land targeted for the taxing district, and that Neal demanded $20 million from  the developer of the property in exchange for dropping opposition to the project.

Here's the investigative report: Download bennett_investigation.pdf
Here's the recommendation on what actions should be taken against Bennett: Download bennett_recommendation.pdf

Ethics panel refuses to zing Zapata over bitter feud

The Florida Commission on Ethics on Friday found probable cause that Rep. Juan Zapata failed to properly fill out his financial disclosure forms between 2001 and 2005. But the commission voted not to take any further action against Zapata, saying that the preliminary investigation revealed the errors were "unintentional" and that he has since turned in amended forms showing who he owes money to and other financial information.

The commission found no probable cause on much more serious charges: That Zapata waged a vendetta against the Colombian American Service Association after the group refused to reinstate to him to the board of directors and after the group turned down his suggestion that together they buy an office building that would house both his legislative office and CASA offices. The group alleged that Zapata then went after their funding and attempted to discredit the organization with state and local governments.

The advocate in the case says that while there is "evidence" that Zapata did retaliate against the organization, there is "insufficient evidence to reasonably indicate" he used his position as a state legislator to do so.

Here's the advocate's recommendation: Download zapata_recommendation.pdf And here's the investigative report: Download zapata_investigation.pdf

Legislators: Audits of lobbyists "waste of time"

Nearly two years after the gift ban went into effect the state still has not begun random audits to make sure that lobbying firms are correctly reporting what they get paid. And it does not look like that will change soon.

The Joint Legislative Auditing Committee on Monday shot down proposed guidelines on how the state would hire auditors to make sure lobbying firms are complying with the compensation reporting requirements that were part of the gift ban.

Sen. Ronda Storms, the Brandon Republican who followed Tom Lee, the prime sponsor of the reporting requirement questioned the need for audits.

"This seems like a colossal waste of time and energy," said Storms after hearing it could cost as much as $1 million to hire the firms to do the audits.

The committee voted 5 to 2 to reject the guidelines.

Court to those who file false ethics complaints: Pay up!

The First District Court of Appeal this week ordered the Florida Commission on Ethics to force two political opponents of Santa Rosa Property Appraiser Greg Brown to pay the costs and attorney fees incurred by Brown in defending himself against two ethics complaints.

The Ethics Commission had concluded that the complaints filed by Robert Burgess and Hilton Kelly had no merit and called them "shameful" and politically motivated. But they turned down a request from Brown to force the two to pay roughly $40,000 in attorney fees and other costs, despite a recommendation from an administrative law judge that sided with Brown.

But the ruling written by Judge Phil Padavano said that the Ethics Commission was wrong because commissioners believed they needed to show "actual malice" by Burgess and Kelly, in accordance to the standards set down by the U.S. Supreme Court in libel cases. Padavano said the Legislature did not include "actual malice" in the statute that allows someone to recover attorney fees and he noted that Burgess and Kelly did not make their statements in a press conference, but instead filed a complaint against him.

"The First Amendment guarantees the right to freedom of expression, but it would be a far cry to extrapolate from this proposition that the First Amendment also guarantees a right to initiate a legal proceeding based on false allegations,'' wrote Padavano in an opinion approved by a three-judge panel, including Clay Roberts, the former elections division head appointed to the court by Gov. Charlie Crist.

Jenne loses law license

The Florida Supreme Court has suspended Ken Jenne's law license in the wake of the former Broward County sheriff being sentenced to a year and a day in jail on corruption charges. The court gives Jenne 30 days to close out his practice.

The court will determine later whether to disbar Jenne. Palm Beach County Circuit Judge Kathleen Kroll will be responsible for deciding who will hear arguments over what penalty should be imposed on Jenne by the state Supreme Court.

Lobbyist turned "con man" arrested

The Broward County Sheriff's Office has arrested Robert Charles Brady, a one-time lobbyist who was fined by the Florida Senate back in 2005, on charges that he swindled people and that he passed himself off as a Harvard-educated attorney. The sheriff's office called Brady a "clean cut con-man" who swindled over $50,000 from people and even got a mortgage broker to obtain a black American Express credit card in his name.

Brady also managed to get into a Fred Thompson fundraiser and passed himself off as a lawyer to the former U.S. senator, the sheriff's office said. The fundraiser was held at the home of prominent cardiologist Zachariah Zachariah, who is one of Brady's victims.

In April 2005, the Senate fined Brady $2,500 and banned him from lobbying until after the 2006 session. Brady was accused of taking $6,000 from a client and then failing to register as a lobbyist.

At the time Brady blamed the failure to register as a "foul up" and said it was entirely "accidental."

Fasano hit with two separate ethics complaints

Sen. Mike Fasano is being hit with two separate ethics complaints _ including one that was filed directly with the Florida Senate Rules Committee _ over his push to break the state's contract with National Safety Commission, which prints the Official Florida Driver's License Handbook for free. The contract has come under fire from rival traffic schools because NSC places large ads for its own traffic school in the handbook that is circulated widely throughout the state.

The St. Petersburg Times reported today that Ronald Rice, a land surveyor and Democratic Party volunteer from Pasco County, had filed a complaint with the Florida Commission on Ethics. But Rice said he has also taken the step of filing a complaint with the Rules Committee, alleging that Fasano has violated Senate Rule 1.38 which says a "member shall not use his or her influence as a Senator in any matter that involves substantial conflict between his or her personal interest and his or her duties in the public interest." Under the Senate rules, it will be up to Sen. Jim King, the chairman of the committee, to decide whether there are "sufficient grounds" to review the complaint and if so refer it to either the full committee or a special master for a hearing.

Fasano, a New Port Richey Republican who is chairman of the Senate budget committee that oversees the Department of Highway Safety and Motor Vehicles, inserted language in the current state budget that said the state could not do the handbook with advertisements. Gov. Charlie Crist vetoed the proviso language, but his veto was ruled unconstitutional. National Safety Commission, however, was able to win an injunction after arguing that the proviso language was unconstitutional.

Fasano's former aide earlier this year lobbied for Florida Providers for Traffic Safety, a coalition of rival traffic schools, as does Ed Collins, who runs a business that Fasano has invested in.

Judge unsuccessful in blocking ethics probe

First District Court of Appeal Judge Michael Allen is having no luck in getting out of an ongoing investigation over whether he has violated ethics rules for judges.

Both a Broward County judge, as well as the entire Judicial Qualifications Commission, has refused to go along with Allen's request that the charges against him be dropped. The JQC hearing panel ruled on Oct. 31 that the case against Allen should proceed, rejecting arguments from lawyer Bruce Rogow that nothing Allen did renders him unfit for office, which is the standard that Rogow argues must be used against judges.

Allen is under fire because he lambasted fellow DCA Judge Charles Kahn in an June 2006 opinion that denied overturning W.D. Childers' conviction for bribery. Allen raised questions about whether or not Kahn wanted to overturn the conviction because Kahn was once a law partner with Fred Levin, who was defending his long-term ally and former Senate President Childers in the bribery case.

Former DCF employee hit with ethics charges

A Department of Children & Families employee may have misused her position as a state worker by helping a former employee prepare documents that were used to help keep a young girl in Chile with her mother, instead of reuniting the child with her father in Miami, officials say.

The Florida Commission on Ethics has found that enough evidence exists to charge Maria Fernandez, a 25-year DCF veteran who retired in late 2005, with breaking state law by notarizing documents that purported to be prepared by the agency but were not. If the charge is upheld, Fernandez could ultimately be fined as much as $10,000.

The Miami-Dade state attorney's office is investigating whether criminal charges should be filed in the case, which centers on a young girl who lived in Florida from May 2003 to November 2004. She is now 5 years old. More here.

Lobbyist pleads guilty, promises to provide details

Sandy Walker, the longtime Miami-Dade County Hall lobbyist and sister of County Commissioner Barbara Jordan, pleaded guilty Tuesday to defrauding the Miami-Dade Empowerment Trust by submitting false tax returns under a $200,000 loan agreement with the nonprofit anti-poverty agency.

As part of a plea agreement, Walker, 54, must abandon her lobbying practice, and she also must assist public-corruption prosecutors by ``detailing her knowledge of and participation in the business of governmental relations in South Florida.''

Walker -- a former chief of staff to County Commissioner Dennis Moss -- was sentenced to six months of house arrest followed by three years of probation by Miami-Dade Circuit Judge Reemberto Diaz. More here.

Political insiders and lobbyists got poverty funds

Money intended for job creation in Miami-Dade County's poorest neighborhoods was used for loans to politically-connected people and their companies. And among those who got help: Rodney Barreto, the chairman of the Florida Fish and Wildlife Commission who has also been a lobbyist. More here.

Guilty verdict in corruption case

Suspended Hollywood commissioner Keith Wasserstrom was convicted Wednesday of two violations of the state's conflict-of-interest laws. More here.

Appeals court ethics smackdown

The ongoing ethics battle in the First District Court of Appeal went before Broward County Circuit Judge Paul Backman on Thursday morning, where both sides in the highly unusual case involving First DCA Judge Michael Allen and DCA Judge Charles Kahn argued whether or not the complaint filed against Allen should be dropped.

For those not closely following this twisted tale: Allen lambasted Kahn in an June 2006 opinion that denied overturning W.D. Childers' conviction for bribery. Allen raised questions about whether or not Kahn wanted to overturn the conviction because Kahn was once a law partner with Fred Levin, who was defending his long-term ally Childers in the bribery case. But Allen himself now is fighting ethics charges that what he did was improper.

On Thursday, Bruce Rogow forcefully argued that the charges against Allen should be dropped because there is no proof that his opinion in the Childers case is enough to show that Allen is unfit to be a judge. Rogow said any charge against a sitting judge must have evidence that the actions warrant removal from the bench, even if that ultimately is not the penalty. "The mere publication of that opinion does not demonstrate a present unfitness to hold office,'' said Rogow.

But Wally Pope, the lawyer representing the Judicial Qualifications Commission disagreed, saying that Allen's criticism of Kahn undermined the judiciary overall and suggested that Kahn was corrupt. Pope pointed out that no one had previously asked Kahn to recuse himself in the case and that Judge Allen was relying on information from newspaper articles about Childers and Levin that could not be verified.

After listening to both sides, Judge Backman said he would issue a written order on the motion to dismiss the charges "as quickly as possible."

Who's lying? Gary Siplin or two deputies?

So who's lying? Sen. Gary Siplin or two Orange County sheriff's deputies? That's at the heart of an ethics case now pending against the Orlando Democrat, who is already fighting a separate unrelated felony conviction.

Last Friday, the Florida Commission of Ethics concluded enough evidence exists to suggest that Siplin broke state law last November by "corruptly" misusing his public position after he allegedly threatened a sheriff's deputy who was preventing him from driving down a closed road near the Citrus Bowl stadium in Orlando. The deputy later issued Siplin a ticket.

The investigative file released this week show that Deputy Marcus Robinson and Deputy Brenda Averill allege that Siplin grew "irrational" and that he told Robinson he would get him fired. "You don't who your messing with," Siplin supposedly told the deputy and he threatened to get his job, his badge and his gun.

Siplin, his wife, sister-in-law and eight year old niece who were in the car that day say that Siplin never threatened the deputy. They contend that Robinson asked "Do you want my job?" after Siplin asked to talk to Robinson's supervisor. A lawyer representing Siplin also questioned the statements of deputies, saying that Robinson also alleged that Siplin said he would call Sheriff Kevin Beary. "Just as an aside Mr. Siplin and Sheriff Beary are political enemies. Basically, Mr. Siplin under no circumstances would call, contact, or communicate with Sheriff Beary," wrote Larry Colleton.

Here's the ethics commission decision: Download siplin_decision.pdf

Here's the investigative report:Download siplin_investigation.pdf

Here's a response from Siplin's lawyer: Download response_to_investigation_report.pdf

Former PSC member hit with fine

The Florida Commission on Ethics on Friday voted unanimously in favor of fining former State Rep. and Public Service Commission member Rudy Bradley $5,000 for knowingly receiving an ex parte communication from Verizon and then reading it into the record during a PSC meeting. The commission rejected arguments from Bradley's attorney that there was no evidence that Bradley knew a memo came from Verizon. The matter now goes to Gov. Charlie Crist, who must decide whether to impose the fine.

The commission also approved a settlement with former PSC member Brauilo Baez where Baez agreed to pay a $1,169 fine for breaking state law when he dined at a swanky South Beach restaurant courtesy of a lobbying firm whose clients included Florida Power & Light. Bradley has a separate complaint pending against him regarding the same meal.

Ethics panel agrees FIU broke state law

The Florida Commission on Ethics on Friday voted unanimously that Florida International University broke state law by using public money to pay Fausto Gomez and former FIU provost James Mau to lobby on its behalf. State law says that state agencies cannot use tax dollars to lobby the Legislature.

But the commission declined to make any formal recommendation to the Florida Legislature on what to do next. Instead the commission will forward its findings to Senate President Ken Pruitt and House Speaker Marco Rubio and note that the commission decided not to take any more action. Commission members said there was no reason for the case to go any further under their watch because FIU officials agreed the law had been broken and FIU "self reported" the case to the commission.

Lawmakers, however, could ultimately sanction FIU, including blocking it from being able to lobby the Legislature for up to two years.

Florida gets poor marks on its disclosure laws

The Center for Public Integrity today gave Florida a "D" grade on how much information that its governor is required to reveal on financial disclosure forms. The Center spent six months looking at what types of information that states require governors to fill out. States got points for how often they require filings, what information is required etc.

Florida was ranked 24th nationwide. The state got poor marks because it does not require the spouses of governors to provide much information, nor does it require candidates for governor to file complete information on their employers.

$5000 fine urged for former PSC member

Former Public Service Commissioner and state Rep. Rudy Bradley should be fined $5,000, recommends a draft order prepared by the Florida Commission on Ethics. The case, which stems from a complaint filed three years ago, will go before the commission at its July 27th meeting.

An administrative judge ruled in June that Bradley knowingly broke state law regarding ex parte communications when during a PSC meeting in October 2002 he read into the record questions and answers that came directly from a memo prepared by Verizon. The judge did not accept Bradley's contention that it was all the fault of his aide.

Here's the judge's final order:Download bradley_ruling.pdf

Here's the ethics commission staff recommendation: Download bradley_order.pdf

At that same meeting, the ethics commission will also consider a settlement with former PSC member Brauilo Baez. Baez has agreed to pay a $1,169 fine for breaking state law when he dined at a swanky South Beach restaurant courtesy of a lobbying firm whose clients included Florida Power & Light.

Baez settlement here: Download baez_settlement.pdf

Lobbyist and university may avoid sanctions in ethics case

Fausto Gomez, a former lobbyist for Florida International University, and FIU itself may avoid any penalties or sanctions in connection with a nearly year old ethics case. The main prosecutor in the case has recommended that the Florida Commission on Ethics find that FIU broke state law when it used public money to pay Gomez, his assistant Manuel Reyes and former FIU Provost James Mau, to lobby the Florida Legislature. FIU hired Gomez as a "full time employee" but in reality his real job was to lobby and he continued to have other clients.

But James Peterson of the Attorney General's office has recommended that the ethics commission _ which meets July 27 _ take no further action in the case. Peterson said there is no evidence that university officials "intentionally" intended to violate state law and he praised the "candor" that led FIU to report the incident to the ethics commission. FIU's lawyer, Mark Herron, has agreed with the recommendation.

Because this is such an unusual case, the ethics commission is still required to forward on its final report to the House and Senate, either of which could decide to impose sanctions, including banning Gomez from lobbying.

To read the recommendation from the AG office: Download case_recommendation.pdf

To read FIU response: Download fiu_response.pdf

Here's a copy of the investigation into Gomez and FIU's actions: Download Investigation.pdf

Former PSC chairman dined on utility giant's dime

A former chairman of the Public Service Commission, and a prominent Miami attorney, has admitted he violated state ethics rules when he dined at a swanky South Beach restaurant, compliments of Florida Power & Light.

In documents filed with the Florida Commission on Ethics and not yet public, Braulio Baez agreed to a settlement in which he will pay $1,169.87 in civil fines for the meal at the Delano hotel's Blue Door restaurant. He will also submit to a public reprimand by the ethics commission. More here.

Gallagher ethics charges will likely be dropped

Remember the ethics charges against Tom Gallagher that Gov. Charlie Crist used against him in their GOP primary debate? The attorney prosecuting the case on behalf of the Florida Commission on Ethics has reached a settlement with Gallagher's attorney that calls for the charges to be dropped.

Under the joint stipulation that will go before the full commission at its June 8th meeting, it states that "the public interest would not be served by proceeding further." The commission found that in July 2006 that enough evidence existed to say that former insurance commissioner Gallagher had broken state ethics laws when he purchased stock in two companies whose subsidiaries were regulated by the Department of Insurance.

The settlement agreement says that both sides now agree that Gallagher's stock ownership was "minimal" and that he had publicly disclosed it and that it did not involve an "abuse of his position." But the settlement agreement also states that Gallagher was "unaware" that his conduct could be seen as a violation of state law and that "in hindsight" he should have requested an advisory opinion regarding the stock purchase.

To read the proposed settlement: Download gallagher_stipulation.pdf

Miami mayor pays fine in ethics case

Miami Mayor Manny Diaz on Thursday agreed to pay a $250 fine and accept a letter of reprimand to settle an ethics case over his role in a much-criticized real estate partnership that included two other top city officials. More here.

Childers court scandal out in open

The court scandal triggered by the case of former Sen. W.D. Childers is now out in the open. The Judicial Qualifications Commission has brought charges against First District Court of Appeal Judge Michael Allen, the judge who questioned why another appeals court judge, Charles Kahn, wanted to dismiss bribery charges against Childers. To read the complaint go here. To read about the scandal, go here.

Gallagher ethics battle still not settled

Former Chief Financial Officer Tom Gallagher's battle against ethics charges has yet to be resolved, but court filings show that Gallagher's legal team continues to negotiate a settlement with the Florida Commission on Ethics instead of fighting the charges in court.

During the heat of Gallagher's primary contest against eventual GOP nominee Charlie Crist, the ethics commission found probable cause that Gallagher had broken state law by trading in the stocks of two insurance companies while he was serving as insurance commissioner. Gallagher vowed to fight the charges, but Crist, and his allies, attacked Gallagher for the ethics commission decision.

Since January, however, Gallagher's case has been put on hold to give time for lawyers representing the commission and lawyers representing Gallagher to discuss a settlement of the charges, which usually involves an agreement to pay a fine in order to end the case. A March 30th court filing states that "counsel continue to reasonably believe their discussion will result in a proposed settlement of all the issues." Administrative Law Judge Barbara Staros on Wednesday gave the two sides until May 15th to inform her whether or not a settlement has been reached.

Free PR work is okay, but dinner with the governor isn't

House and Senate lawyers have continued to weigh requests from lawmakers about the more than year old gift ban and their opinions show that there is still confusion over how far the zero tolerance law is supposed to work. Some of the more interesting items included in recent correspondence:

Sen. Jim King, a Jacksonville Republican, was given the green light to accept free public relations work from Sarah Bascom, who was his spokeswoman while he was Senate President and also worked on his re-election campaign. Bascom works for DC Navigators, a firm with offices in Sacramento, Washington and now Tallahassee and whose senior team includes campaign consultant Mike Murphy and Todd Harris, both of whom worked on Gov. Jeb Bush's successful 2002 re-election campaign.

Special Counsel Jason Vail wrote King on March 12 and told the senator that Bascom could do work for him since she was not a lobbyist, nor did DC Navigators have anyone else on staff who lobbies the Florida Legislature. (It is worth noting, however, DC Navigators says on its own website that it does lobbying as part of its business and that its client list include BellSouth, the American Insurance Association, Florida Power & Light, WellCare, and the Florida Justice Reform Partnership.)

But while that situation was deemed okay, Senate lawyers are unsure whether or not legislators could accept a free meal from Gov. Charlie Crist, who does have employees who lobby the Legislature, the night before the start of the session. Paul Huck, general counsel for Crist, argued that the state dinner, as well as a luncheon for the spouses of legislators and a reception for all members were "celebratory and ceremonial" and that is in the public interest for Crist to organize events "to foster a positive spirit of comradery." Senate lawyers, however, aren't sure and they have had all senators pay for their meal with the governor while they mull over the legal opinion from the governor's office. Members of the press who attended the dinner were charged $40.

House and Senate lawyers also had an exchange over whether $5 was the right amount to charge legislators who attend the World Famous RV Encampment Picnic Extravaganza organized each year by Rep. Stan Jordan, a Jacksonville Republican. Steve Kahn asked whether $5 "sounds a little short in the money department" to cover the food and non-alcoholic beverages for the event held at a RV campground five miles west of the Capitol. Jeremiah Hawkes wrote back that it was since those putting on the event were buying hot dogs and hamburgers from Sam's Club and grilling it themselves.

Death penalty lawyer cleared on ethics charges

The Florida Commission on Ethics announced Wednesday that it has dismissed four charges against Neal Dupree, the head of the Fort Lauderdale-based office of the Capital Collateral Regional Counsel, which represents Death Row inmates in appeals.

Dupree was the target of an investigation by both the Department of Financial Services as well as the Ethics Commission over a handful of charges, including that he misused his position by paying for the services of three employees for work they did not do. Other charges included that he bought a computer for his personal use, that he hired a part-time lobbyist, and that he moonlighted as a private attorney on top of his job representing Death Row inmates.

The decision by the commission to clear Dupree of all charges is at odds with recommendations from one of the Ethics Commission attorneys who looked at the case. Linzie Bogan recommended that commissioners find probable cause that Dupree violated the law in two cases--that he hired a part-time employee to lobby the executive branch--and that he used state money to purchase a computer.