Rick Scott Archives - Page 2 of 159 - SaintPetersBlog

Supreme Court denies Aramis Ayala’s first writ to win back cases Rick Scott reassigned

The Florida Supreme Court denied the first attempt by Orlando’s State Attorney Aramis Ayala to win back first-degree murder cases that Gov. Rick Scott reassigned to another state attorney.

In denying Ayala’s emergency, non-routine petition to overturn Scott’s executive orders reassigning the cases to Ocala’s State Attorney Brad King, the Supreme Court concluded that the matter “is more properly addressed” through her other legal challenge, a writ of quo warrento, which she later filed.

That leaves the matter where most expected it to be left, in her second challenge of Scott’s action, a case that has drawn broad support for both Ayala and Scott from a variety of outside groups who expect the ruling to be pivotal in determining the extent of powers in Florida of both the state attorney and the governor.

At issue are Ayala’s refusal to pursue death penalty prosecutions in her 9th Judicial Circuit, and Scott’s determination that she is derelict in her duties, giving him the responsibility to reassign potential death penalty cases to someone else, in this case to King in Florida’s 5th Judicial Circuit.

In a ruling issued late Tuesday, the Supreme Court denied the first petition from Ayala, stating, “The Petition asks this Court to answer the same question of law, on a temporary basis, that the Court is asked to address in the separately filed Petition for Writ of Quo Warranto. That question is more properly addressed after both parties have been heard in the Quo Warranto action and will not be answered on a “temporary” basis.”

No budget deal yet, Jack Latvala says

With just days left in the 2017 Legislative Session, Senate Appropriations Chairman Jack Latvala said Tuesday morning there still isn’t a budget deal.

“There is no budget deal,” the Clearwater Republican said, as of 8:15 a.m.

About 15 minutes later, Latvala tweeted “when an agreement is reached on the budget it will be announced by the President and Speaker.”

Senate President Joe Negron wants to see everything in writing, and sent back the House offer within the last 12 hours with changes he’d still like to see made, said Latvala.

The House and Senate were expected to unveil an $83 billion budget Tuesday. The budget framework was expected to give House Speaker Richard Corcoran and Negron their top priorities while delivering a likely-fatal blow to Enterprise Florida, the public-private economic development organization Gov. Rick Scott wants full funding for.

On Tuesday afternoon, Corcoran said the House was “very, very, very close to having allocations agreed to with the Senate,” and even predicted budget conference would begin that evening. But that proved to be overly optimistic, by late evening Katie Betta, the spokeswoman for Negron, said there would be no conference.

The House has approved a “standard operating budget,” or contingency budget, adhering mostly to the budget the Legislature approved last year for the existing fiscal year.

On Wednesday morning, Kristen M. Clark with the Miami Herald reported Senate Democratic Leader Oscar Braynon told Senate Democrats during their caucus meeting the only thing that is firm is allocations. Everything else, Braynon said, “is in play and it’s stuff we have to vote on.”

Braynon, according to Clark’s report, said he expects conference committee members to be named during the floor session today, and meetings to begin tonight.

UF law students discuss, debate ahead of Constitutional Revision Commission meeting

Gainesville — With the Florida Constitutional Revision Commission set to hold a public hearing here Wednesday — the fifth of nine hearings scheduled throughout the state as a part of Florida’s unique, citizen-initiative constitutional revision process, which occurs every 20 years — several dozen law students at the University of Florida assembled Monday afternoon in an auditorium named in honor of the chairman of the state’s first CRC, Chesterfield Smith, to discuss the constitutional revision process with a member of the 1997-98 Commission, Jon Mills, and a historian of the state constitution, Mary Adkins.

One thing the students learned in the hourlong talk is that the CRC that convened this year is the first in Florida history that has not been chaired by a graduate of the UF law school.

“Here’s a fun fact,” said Adkins, whose book — Making Modern Florida: How the Spirit of Reform Shaped a New State Constitution — was published last year by University Press of Florida. “From the 1956 group that was created by statute to originally draft this constitution, through to the 1997-98 group, all of them were chaired by a UF law grad.”

Referring to the chair of the 2017-2018 CRC, Carlos Beruff — a real estate developer appointed last month by Gov. Rick Scott — Adkins added, “This particular chair is not a college graduate.”

“There are no minimum qualifications to be a member of the body that has the power to place constitutional amendments directly on the ballot,” she said.

A student spoke up to say he was “very disappointed” in that change in the leadership tradition of the CRC, but Adkins said, “It’s a new era, not a lot of looking toward the past. This is also the first (CRC) in which there are no members on this one that were ever on (a Florida CRC) in the past.”

Mills, who served on the previous CRC, is a dean emeritus of the UF law school and a member of its faculty. He urged students to attend the commission’s hearing and present the proposals they developed in his public policy practicum this semester.

“Many of you already have much more detail in your proposals than almost anybody, so I suggest you follow through,” he said. “I do encourage you to articulate those and put them in front of the commission.”

Mills — who represented Gainesville as a Democrat in the Florida House from 1978-88 and served as House speaker from 1987-88 — recalled a medical marijuana proposal that he opposed when it was presented to the 1997-98 CRC.

“Things you bring up may have their own life,” he told the students. “It may be wrong, but it may happen.”

Mills’ current practicum addresses “constitution-making by initiative and in the context of constitutional commissions,” according to the school’s online catalog. He said that his students have developed constitutional proposals aimed at “making elections broader and more accessible in terms of both registration and days to vote and issues dealing with reapportionment.”

Another proposal developed in his class would ensure that a minimum 1 percent of the state budget is used to fund the judiciary in Florida. Without such a provision in the state constitution, Florida’s judiciary “could be cut entirely,” Mills said, recalling resolutions filed in the state House and Senate this Session that urge the U.S. Congress to amend the U.S. Constitution to allow Congress to reject judicial rulings.

Some other proposals UF law students have developed would raise the mandatory retirement age to 75 and repeal a prohibition on a state income tax in Florida, “giving us a little bit of fiscal flexibility,” said Trevor Tezel, a second-year law student from Cocoa Beach.

Adding human rights protections in the categories of “gender identity and sexual orientation” also “seems prudent,” he said.

The CRC hearing in Gainesville is scheduled to begin at 5 p.m. at the UF Curtis M. Phillips Center for the Performing Arts. A CRC hearing is also set for Jacksonville Thursday and next month in Panama City, Fort Myers and Hillsborough County.

Jon Mills (second from right) was a member of the 1997-98 Florida Constitution Revision Commission. He is pictured on Mon., April 24, at the University of Florida law school with some of the students enrolled in his spring semester 2017 public policy practicum: from left, Brian Nelson, Anthony Sabatini, Trevor Tezel and Josh Rieger. (Photo courtesy Susan Washington)

Confirmation of 4 Florida agency heads going to Senate floor

The confirmation of four agency heads in Florida Gov. Rick Scott‘s administration will be headed to the Senate floor.

The Ethics and Elections Committee on Monday voted in support of the confirmations of Jeffrey Bragg as Secretary of Elderly Affairs, Dr. Celeste Philip as Surgeon General, Justin Senior as Secretary of Health Care Administration and Glenn Sutphin as Director of Department of Veterans Affairs.

All four are expected to be approved by the full Senate.

Last year, Dr. John Armstrong had to resign as Surgeon General, marking the first time since 1995 that an agency head had lost his job by not being confirmed. It also marked the first time since 1975 that a governor and Legislature of the same party were at odds over a confirmation.

Republished with permission of The Associated Press.

Tampa Bay Business Journal President Bridgette Bello named St. Pete College Trustee

Tampa Bay Business Journal President Bridgette Bello is the newest member of the St. Petersburg College District board of trustees.

On Monday, Gov. Rick Scott announced Bello, 46, of Seminole will fill a vacant seat for a term ending May 31, 2019.

Bello, a veteran advertising and media professional with more than 20 years’ experience, has been the publisher of the Tampa Bay Business Journal, a part of the American City Business Journals network, since February 2007. She is the first woman publisher in the newspaper’s 25-year history.

According to her bio, Bello is a five-time winner of the prestigious Eagle Award, an annual competition within American City Business Journals.

As the TBBJ advertising director, Bello consistently ranked in the top three in the company, and as publisher, she managed the No. 1 market ACBJ chain for 2010 and 2011, setting records in 2012 and 2013.

Bello also serves on the Florida Economic Education Business Hall of Fame’s Selection Committee, Board of Fellows for the University of Tampa, the board of directors for The Spring of Tampa Bay, the St. Petersburg College’s College of Business Advisory Committee and volunteer fundraiser for Rock Solid All-Star Cheerleading.

Bello was named St. Petersburg Chamber Business Woman of the Year for 2011 and Best Moms of the Bay for 2012.

Her appointment is subject to confirmation by the Florida Senate.

Martin Dyckman: On death warrants, Florida governor’s ‘awesome moral responsibility’

When former Florida Gov. LeRoy Collins was nominated in 1964 to head the nation’s new Community Relations Service, South Carolina Senator Strom Thurmond opposed him aggressively because Collins had renounced racial segregation.

“…I hope that as long as the good Lord lets me live on this earth I will continue to grow and to recognize changes and to meet the new responsibility as changes require,” Collins said.

The widely reported confrontation prompted Dessie Horne Williams, a Miami schoolteacher, to write to Collins, recalling a meeting with him five years earlier at the governor’s office.

“(W)e have always thought of you as a kind, understanding man, who feels compassion for human suffering no matter what color the skin of the sufferer may be,” she wrote … You, Governor Collins, are a true” Southern gentleman. May God keep you through the coming trials.”

Collins’s courtesy to anyone he met was legendary. Even so, the Williams letter was remarkable.

On the occasion she described, she and her parents were pleading for the life of her brother, Willie Horne Jr., who was condemned to die for rape. Collins commuted 10 of the 39 death sentences that came to him, but not Horne’s. The prisoner was executed in January 1959. However, Collins had given his family his personal attention and a full measure of compassionate respect.

At the time, though, Ms. Williams had asked a question that struck his heart: “Do you think that my brother is going to die because he is black?”

Collins assured her that it was only because of the brutality of the crime. The victim’s escort, a court said, had been beaten senseless with a tire iron.

But the governor’s conscience was troubled. He knew that had the victim been black or both parties white, the jury almost certainly would have recommended mercy. He tasked his staff to find reasons to repeal the death penalty, and when the Legislature convened a few months later he asked that it do so.

The House committee that killed the bill said that without the possibility of a death penalty, a resumption of lynchings “can certainly be anticipated.”

It was a rare if unwitting acknowledgment of the profound racism that accounts for the South’s peculiar and persistent obsession with the death penalty.

It clearly matters more to the politicians than to the voters. A Florida survey by Public Policy Polling last year found that only 35 percent of respondents favored execution over life without parole. The question was asked in the abstract however, without a politician waving some bloody shirt in the background.

Collins confronted the racism.

“By far the great majority of those to be executed were Negroes,” he said, “and yet only 17 percent of the state’s population were colored. It was a gross travesty on the principle of equal protection.”

Whites are now the majority on Florida’s death row, but blacks are still disproportionately represented. Florida has never executed a white for a crime against a black but one appeal is pending. As of last October, blacks were still the majorities on 12 other death rows, nine of them in the South.

Although the death penalty remains in force outside the South, it is in near disuse except in Florida and other former slave states. The South accounts for 1,180 of the 1,448 U.S. executions since the Supreme Court reinstated capital punishment 41 years ago, according to the Death Penalty Information Center in Washington. That’s 81 percent. Florida is fourth highest on the list with 92. Texas leads with a staggering 542. Outside the South, however, there haven’t been any since 2014, except for one in Oklahoma.

Race bias was evident in how Florida governors and the state pardon board commuted death sentences between 1924, when Florida first began to keep track of them, and 1964, when executions paused for 15 years.

In a paper published in 1993, Margaret Vandiver, a criminology professor at the University of Memphis, found that blacks condemned for crimes against whites in Florida were executed in 90 of 95 cases. On the other hand, whites whose victims were white received clemency in 22 of 83 cases. Blacks on death row whose victims were black were spared nearly half the time, in 27 of 61 cases. There were no death sentences, hence no commutations, for whites convicted of crimes against blacks.

The disparity was greatest in convictions for rape, which is no longer a capital crime. Of the 40 black men condemned for raping white women during the 40 years Vandiver reviewed, only two got clemency. One was Willie Irvin, of the “Groveland Four,” who had been framed by a racist sheriff. The Florida House of Representatives formally apologized to their families last week. Irvin had exhausted his appeals when Collins drew vehement criticism for commuting his sentence in 1955.

The point is that Collins did commute his sentence, doubting his guilt, and spared nine other men as well. No Florida governor has commuted a sentence since Bob Graham last did so in 1983. In another glaring departure, Florida governors apparently are no longer willing to face or hear from the families of condemned prisoners, as Collins did every time.

I have been trying with scant success to find out how Gov. Rick Scott considers clemency in comparison to how Collins did it. Among the questions I sent his press secretary, Lauren Schenone: Does he accept comments from lawyers for death row inmates? Does he consider each case himself or does he accept the decisions made by former governors whose death warrants were stayed in the courts? Does he consider the trial and appeal process to be essentially infallible?

Her answer was terse, said little, but was revealing in one important respect.

“Signing death warrants is one of the Governor’s most solemn duties. His foremost concerns are consideration for the families of the victims and the finality of judgments. (Emphasis supplied.)

“Our office follows procedures outlined in Rule 15 of the Rules for Executive Clemency on this process,” she said.

Rule 15 shrouds all the process in secrecy and says that the Commission on Offender Review “may” — not shall — conduct an investigation in each case. There is no data on how often it does so. The rule also provides that the Governor and Cabinet may schedule a public discussion, but that practice ceased during Jeb Bush’s term.

The words in italics, “finality of judgment,” suggest that Scott doesn’t care, as Collins did, that the courts might make mistakes with fatal consequences. His conscience is dead to that possibility. Once the legal case is over, that’s it.

That is a profound abdication of a governor’s most awesome moral responsibility.

___

Martin Dyckman is a retired associate editor of the Tampa Bay Times and author of “Floridian of His Century: The Courage of Gov. LeRoy Collins,” published by the University Press of Florida. He lives in Asheville, North Carolina.

If another SCOTUS opening occurs, will Charles Canady get a serious look?

According to Sen. Charles Grassley, the U.S. Supreme Court may need to fill another opening this summer. The Iowa Republican, Chairman of the Senate Judiciary Committee, did not name names, but rumors are swirling it could be the Court’s swing vote, 80-year-old Anthony Kennedy.

If that occurs, President Trump will go back to his list of 21 potential nominees, now numbering 20 after  the elevation of Neil Gorsuch. Rumored to be on the short list before Gorsuch’s selection was Judge William Pryor of Alabama from the 11th Circuit Court of Appeals, Judge Diane Sykes of Wisconsin from the 7th Circuit Court of Appeals, and Judge Thomas Hardiman of Pennsylvania from the 3rd Circuit Court of Appeals.

If those rumors are true, will those three again go to the top? How about some of the others? Also on the Trump list are Florida Supreme Court Justice Charles Canady and Judge Federico Moreno from the Southern District of Florida.

The next nominee will be an appeals court judge or a state supreme court justice. Moreno and Utah Republican Senator Mike Lee are the only two not fitting that description. Moreno’s logical next step is a promotion to the court of appeals.

Will Canady receive serious consideration this time? He has similar educational training to the current Court.

All 9 current justices studied law at either Harvard or Yale (Ruth Bader Ginsburg started at Harvard, but earned her law degree from Columbia). Canady earned his degree from Yale, while Pryor came from Tulane, Sykes from Marquette, and Hardiman from Georgetown. Gorsuch attended Harvard and Oxford.

As a former state legislator, four-term Congressman and General Counsel for Gov. Jeb Bush, Canady understands the separation of powers between the three branches of government. He was Chief Justice from 2010-2012 and along with Ricky Polston, comprise the Court’s reliable conservative minority.

If Gov. Rick Scott wanted to bend Trump’s ear about Canady, the President would certainly listen. There is no question Scott and Trump are of like minds on many topics in addition to jobs. Another Trump friend, Attorney General Pam Bondi, could do the same.

On the down side, Canady will be 63 years old in June. Next to Moreno (64) and Michigan Supreme Court Chief Justice Robert Young, who is 65, Canady is the oldest on the list.

Pryor is 55, Sykes 58 and Hardiman is 52. The thought of having someone on the bench for 30 years is an appealing quality for a sitting president.

Confirmation hearings would certainly be lively. Millennials will not likely recall the impeachment of President Bill Clinton, but Canady was one of the House prosecutors. Would Democrats have fun with that?

How about being questioned by Judiciary Committee member Lindsey Graham? The South Carolina Republican was also one of the impeachment prosecutors (known as House Managers).

How juicy would it be for Canady to be tapped and for Charlie Crist to receive some credit for raising Canady’s profile? It was then-Governor Crist who appointed Canady to the Florida Supreme Court.

Perhaps Canady wound up on Trump’s list as a favor to Scott, or the president will actually give him a serious look. No one has retired yet, but that doesn’t stop playing the “what ifs” game in the meantime.

 

Democratic gubernatorial candidates call Frank Artiles’ resignation ‘right thing’

Democratic gubernatorial candidates and potential candidates are declaring Friday that Frank Artiles did the right thing and one is wondering why Gov. Rick Scott stayed out, after Artiles resigned his seat in the Florida Senate because of his vulgar comments to comments earlier in the week.

Tallahassee Mayor Andrew Gillum, an announced candidate, called Artiles’ resignation the “right move for Florida.”

“The kind of hurtful rhetoric that Senator Artiles used, while still far too common, only serves to divide us against each other,” Gillum said. “From every corner of our state, we know that there is a lot more that we share in common than what separates us. Now we must refocus our attention on the issues that can help the most people: creating good paying jobs, reinvesting in public education, and ensuring access to health care for all.”

Orlando businessman Chris King, an announced candidate, questioned the silence of Scott on the Artiles matter, after the senator accosted two black, Democratic colleagues in a private club Monday night with a tirade of vulgar and racist comments.

“While it’s gratifying so many Floridians across the state came together to demand accountability, there was one conspicuous absence — Rick Scott,” King said in a release. “The Governor of our great state should be the first voice to demand racism is never normalized, not duck and hide from leadership. Governor Scott’s refusal to stand with the well-meaning people of Florida is a result of the arrogance that comes with decades of one-party rule, and an important reminder of the need for change.”

Miami Beach Mayor Philip Levine, who is exploring a candidacy, declared, “After doing all the wrong things, Sen. Artiles finally did the right thing by resigning.”

Former U.S. Rep. Gwen Graham of Tallahassee, who is exploring a candidacy, tweeted her reaction:

“I’m proud of @SenAudrey2eet & @SenatorThurston for standing up to a bully. Their strength is why Artiles’ hate is leaving the Senate.”

Florida’s unemployment rate dips to 4.8% in March

Florida’s unemployment rate is dropping.

The state Department of Economic Opportunity announced Friday the unemployment rate dipped to 4.8 percent in March, down from 5 percent one month earlier. That’s slightly lower than March 2016, when the state reported a seasonally adjusted unemployment rate of 4.9 percent.

“This is an exciting day — jobs, jobs, jobs,” said Gov. Rick Scott, who announced the March jobs numbers at Pelican Wire in Naples. “When I ran back in 2010, I ran on a campaign of 700,000 jobs over seven years. Now we’re at 6 years and 3 months and 1.35 million jobs. That’s great. This state is on a roll. We have job openings in our state, our labor force is growing.”

On Friday, Scott boasted the state has added more than 60,000 private sector jobs in the first quarter of 2017. That brings the total number of private sector jobs added since December 2010 more than 1.3 million, according to the Governor’s Office.

According to the Department of Economic Opportunity, the education and health services industry saw the most job gains in March. The industry, according to the agency, added 44,300 jobs, or a 3.6 percent increase.

The professional and business services industry added 43,500 jobs in March, followed by trade, transportation and utilities with 40,3000 jobs, and the construction industries with 36,500 jobs. The information industry was the only industry losing jobs, according to the Department of Economic Opportunity.

The Orlando area led the state in job creation, adding 42,700 new private-sector jobs in March, according to the Governor’s Office. The unemployment rate for the region was 3.9 percent.

The leisure and hospitality industry led the pack in Orlando, adding 12,000 new jobs; followed by trade, transportation and utilities with 8,200 new jobs, and professional and business services with 7,1200 new jobs.

The Tampa Bay region added nearly 42,000 new jobs and had an unemployment rate of 4.1 percent. The region was first among the metro areas in job demand, with 44,544 job openings.

Monroe County had the state’s lowest unemployment rate at 2.8 percent, while Hendry County had the highest unemployment rate at 6.4 percent.

Sabato’s Crystal Ball calls Florida’s 2018 gubernatorial race a ‘toss-up’ in initial ratings

With so much uncertainty about who is in or out of the 2018 Florida gubernatorial race, it’s not surprising that at least one political seer has deemed Florida too-close-to-call.

Initial 2018 gubernatorial ratings released Thursday by Sabato’s Crystal Ball ranked Florida as one of 10 states considered a “toss-up” going into the 2018 election cycle. The ratings found more than half of the 38 gubernatorial races on the ballot next year either start in “competitive toss-up or leans Republican/Democratic categories.”

The report noted Agriculture Commissioner Adam Putnam has been “gearing up for a gubernatorial run for years” and is seen as the favorite on the Republican side to succeed Gov. Rick Scott. But with several other Republicans considering a run, authors Geoffrey Skelley and Kyle Kondik report it is “hard to say just how clear his path to the nomination will be.”

Putnam has been touring the state meeting with local Republican and business group to talk about his vision for the future, and has been building up his campaign coffers in advance of his expected bid. State records show Florida Grown, the political committee expected to fuel his gubernatorial bid, has raised more than $10.5 million since 2015, and had more than $7.7 million cash on hand at the end of March.

The Bartow Republican is scheduled to have a barbecue in his hometown on May 10, just five days after the expected end of the annual 2017 Legislative Session. The event, according to the Tampa Bay Times, will be held at the Old Polk County Courthouse.

But Putnam could face competition from Sen. Jack Latvala and House Speaker Richard Corcoran, both of whom are believed to be considering a 2018 bid.

Latvala, the chairman of the Senate Appropriations Committee, raised more than $246,000 for his political committee, the Florida Leadership Committee, in the days leading up to the start of the 2017 Legislative Session. That one-week fundraising haul in March came after one of his best fundraising months to date, when his committee raised nearly $1.1 million in February.

The Democratic side isn’t any easier to predict, according to the team at Sabato’s. While the authors write it might “come down to Tallahassee Mayor Andrew Gillum and ex-Rep. Gwen Graham, both of who could be considered rising stars in the party,” the team does note there are “some wealthy wild cards who could self-fund, such as 2010 Senate candidate Jeff Greene, businessman Chris King, and well-known attorney John Morgan.”

Gillum and King are the only Democrats who have filed to run, but Graham is widely expected to jump in the race soon, as is Miami Beach Mayor Philip Levine, who could fall into the self-fund category.

State records show Levine pumped $2 million of his own money into his political committee, All About Florida, in March. Levine has spent the last few weeks touring the state meeting with community members.

Both Gillum and King have been staffing up. Gillum announced this week that Scott Arceneaux, the former head of the Florida Democratic Party, would be joining his campaign as chief strategist; while King unveiled a host of key hires, including Raymond Paultre as his director of strategic engagement and Stephanie McClung as his finance director.

Gillum announced earlier this month he had raised $765,000 — spread between his official campaign and his political committee Forward Florida — since the start of 2017, most of which was raised since March 1. Meanwhile, state records show King brought in nearly $1.2 million for his official campaign in March. That sum included a $1 million contribution King made to his own campaign.

But a crowded field could be an issue for Democrats hoping to turn Florida blue, according to Sabato’s Crystal Ball. The rankings noted that although Democrats came close to winning in 2010 and 2014, they “haven’t won a gubernatorial race in Florida since 1994 … so an extremely crowded field in an expensive state with a late primary could be problematic for them.”

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