After a constitutionally questionable vote on Gov. Rick
Scott’s top legislative priority, a tax break for manufacturers, House Speaker Will Weatherford quickly declared the
bill passed, despite its failing to reach an 80-vote supermajority
previously considered necessary.
“We think it is extremely constitutional,” Weatherford,
R-Wesley Chapel, said after the contentious
May 1 vote, stating that he had discussed the issue with legislative legal
staff. He followed up with a statement asking “Who would sue to stop a tax
But behind the scenes, top government staffers over in the
executive branch were not so sure, with one calling the whole scene a “cluster”
and another saying that there “some uncertainty as to whether HB 7007 passed” that night. (Definition of slang term "cluster" here, for the over-50 crowd.)
Emails obtained by the Herald/Times
Tallahassee Bureau show top officials from Gov. Rick Scott’s office and the Department of Revenue were not sure
whether the House had run afoul of the Constitution or not.
“I guess it passed in 7005. Did it get 2/3 to bypass the
mandate issue?” Holger Ciupalo, a chief analyst for Scott, wrote to
Christian Weiss, chief economist with the Department of Revenue, hours after the 68-48 House vote on the manufacturing
Weiss replied: “(HB) 7007: yes. 2/3 no. Go to sayfie to read
all the discussions. Cluster, but somehow we declare victory…”
Weiss and Scott’s legislative liaison Renee Fargason also
had an email exchange after the vote:
Fargason: “The following 43 bills passed the Legislature
today, May 1… ***At this time there is some uncertainty as to whether HB 7007
Weiss replied: “7007 passed but may later be challenged on
constitutional ground lacking a mandates (sic) 2/3rd majority.”
Fargason replied: "Ok thanks! Wasn't sure if they could change the verdict since they didn't have 2/3."
Weiss then followed up with: "They can still recall it but doubt they will given the toxic atmosphere in the H(ouse)."
In other emails obtained by the Herald/Times, government officials pass along copies of the Florida
Constitution, highlighting sections of the that deal with
the 2/3rds mandate.
Scott signed HB 7007 into law last month. So far, there does
not appear to be a lawsuit against the tax cut, which goes into effect next
year. The tax break could cost local governments millions of dollars during its
three year run. Democrats, who all voted against HB 7007 and had been protesting against House leadership on the day of the vote, immediately threatened lawsuits.