Judge: Prison system 'violated public trust'

An "appalled" state judge said Thursday that Florida’s prison system "blatantly violated the public trust" by secretly negotiating with a new firm to provide for inmates’ mental health. Leon County Circuit Judge Frank Sheffield said the actions by the Department of Corrections were "at best, offensive, and at worst, illegal" in its secret dealings with Correctional Medical Services of St. Louis. Sheffield's full seven-page opinion is here.

But the judge denied the request by the current contractor, MHM Correctional Services, for a temporary injunction to block award of a five-year contract to CMS through a 120-day purchase order starting July 1. The judge said MHM still has legal remedies because it has a bid protest pending before a state hearing officer, and that further legal delays "would cause confusion (and) disorder."

Attorney General Bill McCollum, whose office defended the prison system's conduct, had no immediate comment. A spokeswoman for Corrections Secretary Walt McNeil said the agency had not yet seen Sheffield’s order.

Sheffield was elected to the circuit bench. Ironically, the candidate he defeated, Lisa Raleigh, was the assistant attorney general representing the prison system in the case. At a hearing last week, Sheffield raised that issue, and Raleigh said she did not think it presented a conflict of interest.

"The people lost today due to the worst abuse of power inaginable," MHM attorney Chris Kise said. "The department engaged in secret negotiations, blatant violations of th epublic trust and unsonscionable practices, then hid behind the very laws designed to protect the people. A truly sad day for justice." Kise served as a top legal advisor to Charlie Crist as governor and attorney general. 

UPDATE: CMS issued a statement that said denial of the injunction "will allow the state and CMS to continue to move forward to deliver quality mental healthcare services for inmate patients." The company added that "the negotiation process the state has used is specifically allowed by Florida law and will save the state $1.7 million in the first year alone compared to what MHM has been charging the state for the same services."

-- Steve Bousquet

Kottkamp's chief of staff steps down

Larry Ringers, who has been Lt. Gov. Jeff Kottkamp's chief of staff since the Crist-Kottkamp team took office two-and-a-half years ago, is leaving. Ringers has submitted his resignation and will be he new chief of staff to Director Electra Bustle at the Department of Highway Safety and Motor Vehicles. Ringers will be replacing Nelson Munn, who is returning full-time to his post as the agency's chief information officer.

Ringers, 46, is an attorney who handled some law enforcement-related litigation before joining the administration, where his duties include overseeing DHSMV, a Cabinet agency. His departure comes as Kottkamp is poised to announce his candidacy for attorney general in 2010, and it means Kottkamp now needs a new right hand with 18 months left in his term as Gov. Charlie Crist's No. 2.   

-- Steve Bousquet

Charlie Crist signs worker's comp bill, vetoes auctioneering

Gov. Charlie Crist just signed the worker's compensation bill into law. Crist didn't issue a letter as to why. He did explain in a letter that he vetoed an auctioneering bill because it was too much "big gubment." Well, actually he didn't say that. It was too much regulation, etc. More here on HB63 veto: Download 63

McCollum to announce Monday

Florida Attorney General Bill McCollum is planning to announce his campaign for governor Monday morning in downtown Orlando.

Sink expected to announce before Thursday evening fundraiser

Democratic CFO Alex Sink will hold a cocktail reception fundraiser at the Riverside Hotel in Fort Lauderdale Thursday evening but a few political folks in Broward expect her to annouce her race for governor prior to that event.

Sink will annouce her campaign from Tallahassee on Wednesday or possibly Thursday morning, one source said. Two others said they expected an announcement tomorrow.

Sink's event chairs and host committee listed on the Riverside invitation includes several Broward politicians and activists including Congresswoman Debbie Wasserman Schultz, Broward Mayor Stacy Ritter, county commissioners Ken Keechl and Diana Wasserman-Rubin, Fort Lauderdale Mayor Jack Seiler, Pembroke Pines Mayor Frank Ortis and AFL-CIO president Dan Reynolds.

How badly do Dems want Sink to be gov?

Very badly, by the crowded look of Chief Financial Officer Alex Sink's latest fundraising invitation, which lists roughly 40 co-chairs and hosts -- even though Sink doesn't have a re-election opponent in sight. Chairs and co-chairs are asked to raise $10,000-$5,000 each for the May 14 event at the Riverside Hotel in Fort Lauderdale. Check it out here.

Sink is widely expected to run for governor if Gov. Charlie Crist runs for the U.S. Senate. His decision could come as soon as next week, giving Sink's fundraisers a strong selling point.

Dems want Charlie Crist's Seminole gambling money in education

What happened to using gambling money to fund cash-strapped schools?

That was the Florida House Democrats' reaction to the news Wednesday and late Tuesday that any dollars from Gov. Charlie Crist's proposed Seminole gaming compact would be used to fill drained state savings accounts -- instead of boosting funding for K-12 education.

The Legislature still has to approve the gaming deal, which would give the Seminole Tribe a monopoly on some slot machines outside of Miami-Dade and Broward. But pulling it out of the education pot means the state budget can be passed without it -- and gambling opponents, particularly in the anti-gaming House, can vote against it without looking like they're voting against education.

"This is shameful because the only reason many people support an expansion of gambling is because they are told it will help Florida's education system," Rep. Martin Kiar, a Davie Democrat, said in a statement.

Supporters of the compact -- which Crist unveiled to much fanfare earlier this month -- say it could provide a more dedicated source of income for schools, which depend on plunging property and sales tax revenues. Opponents have called it short-sighted.

Crist says remove stubbon JNC members

Gov. Charlie Crist said Monday he would like to remove the members of a Judicial Nominating Commission that has refused to submit diverse nominees for an appellate court vacancy.

”It’s disappointing to me,’’ Crist said after a retiring judge at the Fifth District Court of Appeal asked the Florida Supreme Court to force the governor to accept one of six nominees submitted by the court’s nominating commission last year.

Judge Robert J. Pleus Jr. has continued to serve at the Fifth District Court of Appeal while waiting for Crist and the Judicial Nominating Committee to quit squabbling over the appointment.  Tallahassee lawyer Talbot “Sandy” D’Alemberte filed suit on Pleus’ behalf Monday, asking the state’s highest court to intervene.

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. He said the committee has been reluctant to send names that include African Americans. 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 January 5.
 
Crist said he wants to review the lawsuit and consult with his general counsel before deciding what he can do.

-- Lucy Morgan

Ethics complaint filed against Kottkamp

Lt. Gov. Jeff Kottkamp's extensive taxpayer-funded travel over the past two years has attacted adverse publicity, and now Clearwater citizen activist David Plyer has filed a complaint with the Commission on Ethics. His complaint is based on news articles in the South Florida Sun-Sentinel and St. Petersburg Times.

Plyer, who previously filed complaints against Rep. Ray Sansom and Hillsborough Supervisor of Elections Buddy Johnson, accuses Kottkamp of violating a state law that bars elected officials from "corruptly" attempting "to secure a special privilege, benefit or exemption for oneself." Read the Plyer complaint here.   

-- Steve Bousquet

Kottkamp pays state for family's plane trips

This will close Florida's budget gap -- a little. Lt. Gov. Jeff Kottkamp sent a check to the state for $6,600.59 to reimburse taxpayers for trips on state aircraft in which his wife Cyndie and son Jackson traveled as passengers over the past two years. Kottkamp has said he offered earlier to reimburse the Department of Management Services for costs incurred by his family tagging along, but that DMS said that wouldn't be necessary because its policy at the time was that the cost of a flight was the same regardless of the number of passengers.

 

"It is a big state, but we're very aware of the budget situation in the governor's office," Kottkamp told reporters Thursday, acknowledging the political sensitivity of his travels. "We're trying to be good stewards of the people's money and where we can, drive, and try to save as much of the people's money as we can."

-- Steve Bousquet