Gov's tax break may be in limbo but there may be no takers on a legal challenge

Did Florida legislators pull a fast one on Gov. Rick Scott when they passed a manufacturing tax break late Wednesday but left it in legal limbo?

The proposal, HB-7007, which gives every manufacturer a sales tax exemption on all industrial machines and equipment purchases for three years, was one of only two priorities of the governor. Estimated to save manufacturers about $121 million a year, it passed the House and minutes later the governor responded by signing into law two of the legislature’s top two priorities: an ethics bill and another to revise the state’s campaign finance laws.

But Democrats say the well-choreographed trade-off didn’t get the required two-thirds vote to be constitutional. If the governor signs it as expected, it could draw a lawsuit and be thrown out. It passed on a 68-48 vote, 12 votes short of two-thirds in the 120-member chamber.

“It looks like it’ll be challenged with all due speed,’’ said Rep. Perry Thurston, D-Plantation, the House Democratic leader.

Texting-while-driving ban headed to Gov. Rick Scott

After two days of drama and four years of trying, a texting-while-driving ban is headed to Florida Gov. Rick Scott’s desk for consideration.

The Senate on Thursday accepted a House-amended version of SB 52/HB 13 and voted 39-1 to approve the ban. Supporters concede it’s not the ideal bill they want, but called it a “first step” in a path filled with road blocks, even to the 11th hour.

The drama came Tuesday when the House took a bill unanimously approved by the Senate weeks ago and approved an amendment by Rep. Jose Oliva, R-Miami, that allows cellphone records to be used as evidence only in the “event of a crash resulting in death or personal injury.”

That meant the bill had to go back to the Senate for reapproval in the final days of session. And it put Senate sponsor Nancy Detert, R-Venice, in the position of accepting an amendment that could weaken the bill or of conceding defeat for another year

Detert said the bill “is still a good bill. It still will allow parents today to say to their kids 'Don’t text while driving,’ it’s against the law. ... It really will save lives.”

More here.

Alimony bill vetoed by Gov. Rick Scott; Campaign finance, ethics legislation signed

Gov. Rick Scott late Wednesday signed into law changes to state ethics and campaign finance laws and vetoed a bill that would have abolished permanent alimony in Florida divorce cases. Read the veto letter.

The Legislature sent Scott all three measures one week ago, setting in motion a seven-day deadline for the governor. The ethics and campaign finance bills were must-pass priorities for House Speaker Will Weatherford, R-Wesley Chapel, and Senate President Don Gaetz, R-Niceville.

Developing story here.

Clock ticking for Gov. Rick Scott on three major bills

The clock is ticking as Gov. Rick Scott must act by midnight tonight on three major bills passed by the Legislature.

The measures would ban permanent alimony in Florida, expand the powers of the Commission on Ethics and make changes to campaign finance laws, including increasing the maximum contribution limits, which Scott opposes.

Scott must sign the bills, veto them or let them become law without his signature. The ethics and campaign finance bills are priorities of House Speaker Will Weatherford and Senate President Don Gaetz.

Developing story here.

Wasserman Schultz hits Scott, GOP 'extremism' on Medicaid

It wasn't the Tallahassee homecoming Debbie Wasserman Schultz had hoped for.

The Broward County congresswoman and Democratic national chairman, who spent 15 years in the state Legislature, stood with Senate Democrats Wednesday in criticizing the House Republican leadership for its opposition to Medicaid expansion under the federal Affordable Care Act.

Wasserman Schultz was particularly critical of Republican Gov. Rick Scott, who publicly endorsed Medicaid expansion in February but has not been aggressively pushing House members to approve it. By coincidence, she said, she passed Scott in a Capitol hallway and said hello.

"Gov. Scott was elected to lead this state," Wasserman Schultz said. "If he has a particularly strongly held view -- and he says he supports the acceptance of federal dollars to cover a million Floridians -- it seems to me he's sitting on the sidelines trying to have his cake and eat it too. You can't have it both ways ... You don't get to take credit for something you didn't go down swinging on."

She said Republicans in the House are acting like "spoiled children" on Medicaid, and noted that the health care law was upheld by the U.S. Supreme Court and its champion, President Barack Obama, won re-election. "Because they didn't get their way, they're not going to let anyone benefit from this outcome. It's irresponsible," she said. The long-time congresswoman also called out House Speaker Will Weatherford, R-Wesley Chapel, whose family once relied on Medicaid for health care assistance.

"Will Weatherford should know better," she said.

-- Steve Bousquet

More on that Bill Nelson v. Rick Scott rumor here

Bill Nelson looked like the heavy favorite for the Democratic gubernatorial nomination to unseat vulnerable Republican Gov. Bob Martinez in April 1990. But as Martinez continued to beef up his reelection campaign account and then-U.S. Rep. Nelson remained little known to much of Florida, Democrats fretted over Nelson’s prospects.

Soon former Sen. Lawton Chiles confirmed the bombshell rumor: Yes, he would run for governor. Nelson gamely continued campaigning, but it was hopeless against the popular elder statesman. “Walkin’ Lawton” went on to crush Nelson by more than 30 percentage points and then Martinez by 13 points.

More than two decades later, U.S. Sen. Nelson is the elder statesman of Florida’s Democratic Party, and the buzz is growing about him stepping into the governor’s race to take on unpopular incumbent Gov. Rick Scott. With many Democratic leaders worried about the baggage of former Gov. Charlie Crist, Nelson has emerged as the potential savior of Florida Democrats.

The latest noise came Thursday when Roll Call, a Washington, D.C.-based newspaper, reported on its web site that Nelson was mulling over a possible run.

“I’d say that’s true, that he’s considering it,” Nelson spokesman Dan McLaughlin told the newspaper. “An awful lot of people have contacted him and asked him to do so. But — and as he’s said a number of times — he presently doesn’t have any intention of running. He’s got a job to do as a senator.” More here from Tampa Bay Times' Adam Smith.

Read more here: http://www.miamiherald.com/2013/04/27/3355862/will-it-be-senator-bill-nelson.html#storylink=cpy

Your move Scott: House and Senate agree to 3 percent tuition hike

Florida lawmakers Friday agreed to hike tuition for university and college students by 3 percent, setting up a possible clash with Gov. Rick Scott.

Last year, Scott vetoed a bill that would have allowed the University of Florida and Florida State University the freedom to raise tuition. Scott has not said he would veto a tuition increase this year. After the deal, which came during budget negotiations, a Scott spokeswoman would only say that the governor doesn't support a tuition increase.

Sen. Joe Negron, R-Stuart, said he doesn't believe Scott will veto the hike.

Story here.

Mr. Scott Goes To Washington - sort of - on Friday

As the Florida Legislature prepares to complete the next-to-the-last week of the session Friday, Gov. Rick Scott will be in Washington, conducting a round of interviews with national media outlets.

He'll start the day with CBS correspondent Major Garrett, followed by meetings with The Wall Street Journal, Fox News, Politico and the National Review.

Fox and Politico each have secured 90 minutes of Scott's time Friday.

Most D.C. media outlets aren't particularly interested in Scott's priorities of a $2,500 teacher pay raise and a sales tax break for manufacturers, so the governor will have ample opportunity to brag about Florida's economic rebound -- while getting some questions about his low poll numbers and his re-election prospects.

Scott's communications director, Melissa Sellers, said the D.C. trip was arranged some time ago for Scott to tout the state's economic revival and drop in unemployment (now 7.5 %) on the national stage, as well as his new "one-way" campaign where he has contrasted Florida's tax system and economy with that of Illinois'.

-Steve Bousquet

Gov. Scott calls on lawmakers to defend pet projects

Gov. Rick Scott will soon receive a $74 billion budget larded with the most local projects in lawmakers' districts in years, and he said Thursday he's concerned about the level of pork-barrel spending for parks, aquariums, museums and other projects, even in a year with a big budget surplus.

"In this budget, I've started to see a lot of special member projects," Scott told reporters after a bill-signing ceremony Thursday. "This is the first time since 2006 we have a surplus.  I want to make sure that we spend the money well, so I'll expect, like I  have the past two years, legislators to come explain to me what their rationale for this is. I'm responsible for all 19.2 million Floridians and I want to make sure we get a return on investment ... Legislators, I'm sure, want to come and explain why they make sense for the whole state."

Scott is coming to grips with the potential reality that he won't get his No. 1 priority -- a $2,500 across-the-board pay hike for teachers -- while lawmakers fund their priorities, from industrial
parks to community festivals. Lawmakers budgeted $480 million for the teacher raises but they are tied to performance pay plans not yet in effect.

Senate Appropriations Chairman Joe Negron, R-Stuart, the architect of the Senate budget, said Scott is right, and every lawmaker with a hometown project should be ready to defend it to the governor's
staff. "It's the responsibility of every legislator to advocate their funding decisions. The legislator has the burden of proof to make that case," Negron said.

Negron emphasized that the legislative branch is responsible for making appropriations.

Earlier, in a meeting with the Tallahassee Democrat editorial board, Scott spoke about the state's increasingly robust economy. "Now the goal is, don't spend it on things that are not going to be helpful to the state," Scott said. "I worry about special member projects ... It's your money."

As he prods lawmakers to approve a sales tax break for manufacturers and a $2,500 across-the-board pay raise for teachers, he said he has a better sense of what lies ahead in the state Capitol, too. "You can't feel bad until after the session ends," Scott said. "One thing I found out that's interesting in the last two years is how much happens in the last week. I guess the process works this way, where so much happens in the last week in the Legislature."

On other topics, Scott said he won't sign a bill taxing online sales of books, clothing and other items
unless it does not add new taxes to Floridians. "I won't sign anything unless it's not increasing what comes out of your pocket," Scott said.

Bullish on himself, Scott said he has done exactly what he said he would do as a candidate: create jobs and improve the economy. "I'm an incrementalist," Scott said. "You sort of work your tail off every day, and at some point you become an overnight success."

-- Steve Bousquet

Federal gov't blasts Florida's unemployment compensation system for denying civil rights

The U.S. Department of Labor has rapped the state of Florida for making it difficult for some unemployed people to get jobless benefits, particularly for the disabled and those who speak Spanish or Creole.

Florida's decision in 2011 to make people who apply for benefits do so online and take an "assessment" before getting a check are a violation of civil rights, DOL found.

The Department of Economic Opportunity has agreed to enter negotiations with DOL to make appropriate changes, according to a press release from the National Employment Law Center, Florida Legal Services, the Miami Workers Center and other groups.

DEO defended its program, and said the Department of Labor knew about the changes before they took place.

"DEO questions many of the initial findings by DOL," DEO spokesperson Monica Russell said in a statement. "DOL was aware of the legislative changes to the reemployment system before its passage in 2011 and provided no objection."

At 16 percent, Florida recently ranked lowest in the nation for the “recipiency rate” of jobless benefits (i.e., the number of eligible people receiving aid.)

Many blamed changes made by Gov. Rick Scott and the Legislature for the low rate of jobless benefits recipiency. A 2011 law forced all applicants for benefits to do so online, putting an end to applications by phone or paper. The law also required applicants to take a 45-question “assessment” to gauge their skills. Several groups filed a legal challenge saying the changes were discriminatory against those with disabilities and low English proficiency.

“The online requirements created severe obstacles for thousands of Florida jobseekers, especially those with limited English proficiency or disabilities that prevent them from using a computer,” the pro-worker groups said in a statement.