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.

Padrón, lawmakers, Times/Herald listed as newsmakers of 2009

Some of you might have already seen Florida Trend's feature in its January edition called "Florida Newsmakers of 2009." But if you haven't, here are some highlights:

Eduardo Padrón was named Floridian of the Year for his work as Miami Dade College president to re-shape the way the country views community colleges.

In government, Sen. Mike Bennett, R-Bradenton, is highlighted for his role in passing SB 360, the growth management bill.

Also from the halls of government, the magazine puts a spotlight on the passenger rail bill and its chief opponent, Sen. Paula Dockery, R-Lakeland.

A third government article, you ask? Why there's Ray Sansom, the former House Speaker indicted for his role in steering $35 million in taxpayer funding to Northwest Florida State College.

Florida Power and Light gets a nod for its work on solar plants.

Another honor for the star University of Florida quarterback Tim Tebow.

The magazine (a sister publication of the St. Petersburg Times) was also gracious enough to write a few words about the scribes at the Herald/Times Tallahassee Bureau.

Swap FCAT for end of year exams, Dems say

Rep. Dwight Bullard, D-Miami, has filed legislation to replace the FCAT with end-of-course exams in a range of subjects. Bullard and fellow House Democrats say the exams would expand and better measure what students learn over the course of the year -- replacing the current practice of teachers who spend the bulk of a school year teaching to the FCAT.

Under HB 473, the test changes would be developed over the next three years by a educators, parents, community leaders and researchers. The reforms would take effect in the 2014-2015 school year. Sen. Dan Gelber, D-Miami, plans to sponsor the bill in his chamber. Gelber and Bullard have urged the Attorney General's Office to sure the state over what they say is inadequate education funding. 

“Our bill puts children first by giving parents, school professionals and the education community the power to work out a plan that everyone can buy into,” said Bullard. “The problem with education reforms of the past decade is that ideas were dreamed up in Tallahassee then hammered into the schools, teachers and children whether or not those ideas made sense.

The FCAT would be phased out in the 2014-2015 school year and replaced with subject area assessment tests that measure students’ work throughout the year. High school students would have to pass Geometry, Algebra II, Biology I and an additional high-level physical science course to graduate, under Bullard's bill.

How Jeff Atwater saved rail: Yelling at FDOT

The most affable man in the Florida Senate wasn’t so smiley.

Senate President Jeff Atwater had taken too much of a gamble, calling a special session on controversial rail transit issues without enough votes to ensure passage. And with the clock running down, he needed the Florida Department of Transportation Secretary, Stephanie Kopelousos, to give a little something – some job protection language to the AFL CIO – so that the union dropped its opposition and thereby freed up Democrats to vote on the package.

Standing in the room with the Republican president, Democratic leader Al Lawson was stunned by Atwater’s passion. And his anger.

 “It was so critical and it was coming down to whether or not he would have the votes. And FDOT was not responding. And I have never seen him (Atwater) get so frustrated. He really called the secretary on the carpet, really lashed out at her,” Lawson said.

“You will do this!” Atwater said on the phone to Kopelousos, according to Lawson. “You have slowed this process down. We are at the 11th hour and you‘ve got to do something. We are this close.”

“What are you trying to do to me? I’ve given everything I had on this. Day and night. I haven’t been sleeping. And you are screwing me around.”

Kopelousos apologized. “That wasn’t my intent Mr. President,” she said.

“If it wasn’t your damn intent, then you need to move from where you are,” Atwater said, according to Lawson. “We are an hour and a half away from going into session and if you don’t do something I’m going to lose this whole deal.”

That’s what it took. The secretary budged. The union saved a few jobs and some major face. And the bill passed.

The letter that allowed the rail deal

In the end, billions of hoped-for federal money to build a high-speed rail, and hundreds of millions more for Central and South Florida commuter rail hinged on just one letter from Florida Department of Transportation Secretary Stephanie Kopelousos to Senate President Jeff Atwater. The letter gives the AFL-CIO some sense of job security for its rail signalmen. The union dropped its objections and that meant more Democrats could vote for the bill.

Download DOC120909

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.

AFL-CIO: 184 union jobs saved

AFL-CIO president Mike Williams didn't quite say it, but the deal that's been struck in the Senate protects 184 union railroad workers in South and Central Florida. The signalmen and maintenance-of-way workers will continue to enjoy federal pension benefits and federal job-protection benefits.

Getting the union on board not only helps draw Democratic votes in the Legislature, it can be used in the halls of a Democratic Congress to help Florida win federal money for bullet trains.

The big question: is the agreement to save union jobs a deal with the executive and therefore will the bill simply pass out of the Senate? Seems so now. But the Senate just rolled the bill to third and there's no amendment for labor in sight.

Here's Williams' statement:

“The Florida AFL-CIO has achieved compromise with the Florida Department of Transportation and South Florida Regional Transportation Authority regarding HB 1B that addresses our serious objections and concerns voiced at the start of special session concerning job preservation and passenger safety on Florida’s railways. After long negotiations and discussions with Senate leadership and Senate Democrats, the primary concern of the Florida AFL-CIO, the preservation of the existing high quality rail jobs.  Our goal of stopping the displacement of federally-qualified railroad workers from Florida’s passenger and freight railroads will not be compromised as experienced rail workers will continue to maintain Florida’s railways.”

Storms says TED committee loss was payback for SunRail 'no'

So Senate President Jeff Atwater's spokeswoman said Sen. Ronda Storms was taken off the transportation and economic development committee as part of a larger reshuffling of assignments that happened in October after Sens. Joe Negron and John Thrasher got elected.

Storms begs to differ. She told the Times/Herald she never asked to be taken off the committee, which is a critical stop today before the proposed commuter rail legislation goes to the Senate floor for a vote. Nope, she's pretty sure she lost the post because Atwater knows she's opposed to the rail bill -- and could have killed it in the transportation committee before it ever got to the full chamber. Storms helped defeat the SunRail proposal in the 2009 regular session.

"Of course I didn't ask, and I did wonder if it was payment for my position last (session)," she said. "I was assured that was not the case, and I saw through dark-colored glass. And now I see clearly. I know that's what this is about, and I see it's probably for this (committee) vote.

"I'd be naive to think any differently," she said. "But you know, this is a tough sport and I can catch a few elbows. And I can give back"

Sen. Nancy Detert: "We have the votes" for SunRail

What magic thing did Gov. Charlie Crist say to Sen. Nancy Detert to get her to switch her nay vote on SunRail?

Not much.

"I went in as a yes and I came out as a yes," Detert said.

"We have the votes now to pass SunRail," Detert said. She's probably right. But by morning, the votes could change.

What changed her mind was the lure of federal train money and the bill itself, she said, specifically the liability provisions that put CSX on the hook to pay some money (up to $10 million) in the case of some accidents. Could the language be better?

"If I could write the bill, I would make it better, but they're not letting me write the bill," Detert said. "You can't give everything to everyone. Nothing's promised. If everyone gets something, then the bill becomes like Thanksgiving: Everybody gets turkey."

Dockery: As Gov, would 'clean house' at FDOT

Sen. Paula Dockery, amid her SunRail tirade during a noon press conference with the group "Ax the Tax,"  dropped this campaign promise: That if elected Governor, one of the first things she would do  is "clean house" at the Florida Department of Transportation. The FDOT stands to gain a lot more power under the legislation, which creates a rail commission under the FDOT umbrella.

Dockery said good people work there but "the leadership is completely out of control."