Florida voters would get a chance to reduce property taxes on commercial buildings, second-homes and other investment purchases under legislation Monday clearing the House 105-11.

The measure, targeted for next year’s presidential primary ballot, now slated for Jan. 31, would reduce the annual growth in assesed value from 10 percent to five percent. The legislation also allows for a first-time homebuyer’s tax break amounting to 50 percent of the median value of homesteaded property in a county.

“This is the jobs vehicle that you’ve heard discussed,” said Rep. Chris Dorworth, R-Lake Mary, sponsor of the measure (CS/HJR 381), which still needs Senate approval. “When (businesses) can shift tax payments to new capital, you’re going to get jobs.”

Before the House vote, Dorworth mentioned several members of the Florida Realtors as instrumental to the legislation. Florida Realtors steered millions of dollars to the state Republican Party for last fall’s elections, and have pushed the measure as a means to help kick-start an economy awash with a backlog of homes in a state that is among the nation’s leaders in foreclosures.

Opponents said the proposed constitutional amendment — if approved by 60 percent of voters — would only build on property-tax inequities in the state’s Save Our Homes standard, approved by voters almost 20 years ago.

“There are better ways to get at attacking the tax inequities in Florida,” said Rep. Jeff Clemens, D-Lake Worth.

There’s been tough talk. Ignored priorities. Charges of flip-flopping. Even a lawsuit.

But the political marriage of Republican Gov. Rick Scott and the GOP-dominated Legislature may yet end its rocky honeymoon stage with the first-year executive claiming some big victories and the party powerfully positioned for next year’s elections.

And, in the nation’s biggest toss-up state, the sharply right policies advanced by Scott and Republican super majorities in the House and Senate also will give Democrats potent weapons for next year’s campaigns.

“It’s been mean-spirited and an overreach by the Republicans,” said Rich Templin, a spokesman for the Florida AFL-CIO, a labor union allied with Democrats. “I think we’re going to be able to say to voters, ‘Look what they did. Who do you think cares about working families of Florida?’ “

But House Speaker Dean Cannon, R-Winter Park, said he’s not worried.

“Two-thirds of the legislative branch is Republican so clearly, the people have sent a more Republican group of representatives to their government,” Cannon said. “So I think it’s only natural that you would see initiatives or proposals that will reflect that.”

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House Speaker Dean Cannon’s landmark — and personal — push to revamp the Florida Supreme Court drew some harsh questioning, but is teed-up for an eventual Senate vote.

The Winter Park Republican effectively put budget talks on ice until Senate budget chief J.D. Alexander earlier this week put the court overhaul in play.

The measure would expand the seven-member Supreme Court by adding three justices, divide it into civil and criminal divisions, give the governor authority to appoint chief  justices, and the Senate power to confirm new justices.

Cannon’s proposal emerged after the court last summer declared unconstitutional three ballot proposals approved by the Legislature — including one argued personally before justices by the speaker.

“Those who have put together the package of reform believe there is a problem,” said Sen. Ellyn Bogdanoff, R-Fort Lauderdale, sponsor of the measure (CS/SJR 2084).

But Sen. Miguel Diaz de la Portilla, R-Miami, argued the rewrite would leave Florida with the largest Supreme Court in the nation. He also suggested there was no backlog in court cases that demanded the dramatic overhaul.

Before the measure goes to voters — where it would need 60 percent support to become law — it must first draw 60 percent support from senators, a tall order.

While the measure sailed through Cannon’s House, senators are mixed on the idea.

But getting a deal on the state budget also is likely hinged on Cannon getting his court proposal before voters.

In an apparent signal to fellow senators, Senate Majority Leader Andy Gardiner, R-Orlando, gave the proposal veiled support, pointing out that legislators in the past have put ballot measures forward — only to later openly campaign against them.

A final vote is not likely until the waning hours of the session, when Cannon cannot do political damage to Senate priorities that now hang in the balance.

The League of Women Voters of Florida weighed-in Tuesday opposing the House-Senate budget deal that includes asking voters next year to overhaul the state Supreme Court.

“The constitutional amendment you are proposing to put before the voters of Florida is an attempt by one branch of government to control another,” wrote Deirdre Macnabb, League president. “Your constituents deserve better.”

House Speaker Dean Cannon, R-Winter Park, has insisted on a proposed ballot amendment that would add three justices to the Florida Supreme Court and divide it into two divisions, criminal and civil. The move emerged after justices last year erased three proposed constitutional amendments approved by lawmakers — saying the ballot language was unconstitutionally misleading.

The Senate had ignored Cannon’s push — approved by the House in a party-line vote earlier this month. But when the Senate budget committee reversed and approved Cannon’s idea Monday, the ice-encrusted budget talks suddenly thawed.

“We need to show, that we’re going to work together,” said Senate President Mike Haridopolos, R-Merritt Island. “I listened to the speaker, and I found out it was important to him and his members.”

Sen. J.D. Alexander disappeared for a while Monday afternoon from the budget committee he chairs — and returned with an amendment that effectively would bring the Senate in line with House Speaker Dean Cannon’s push for an overhaul of the Florida Supreme Court.

“There’s clear concern, particuarly from our friends in the House that this is needed now,” said Alexander, R-Lake Wales.

Alexander earlier talked about his frustration in dealing with House leaders in trying to craft a state spending plan. Alexander said he hadn’t spoken with his House counterpart, Rep. Denise Grimsley, R-Lake Placid, since last Thursday and said budget negotiations may be threatened by his uneasy relationship with Cannon in past wheeling-and-dealing.

But the Supreme Court proposal clearly appears linked to getting budget talks started. Alexander proposed tacking it onto ballot measure affecting Supreme Court rulemaking.

 Similar to a measure already approved by the House, Alexander’s ’idea’ would add three members to the Supreme Court and split it into two divisions — one civil, one for criminal cases. At least 60 percent of voters would have to approve the proposed constitutional amendment for it to become law. 

The state Senate also would gain authority to confirm the governor’s appointments to the court. The Legislature would have more power to repeal court rules, while the Supreme Court would gain a guaranteed level of state funding — topping what it historically has drawn.

Less than a year after the Florida Supreme Court killed three proposed ballot measures pushed by the Republican-ruled Legislature, the state House voted 79-38 along party lines for a measure completely overhauling the seven-member panel.

House Speaker Dean Cannon, R-Winter Park, said the move is designed to improve the court’s efficiency. Democrats weren’t so sure.

“No one party should be in control of all levels of government,” said Rep. Jim Waldman, D-Coconut Creek. “This is an attempt by leadership to not only command the governor’s office, the House and the Seante — but also the judiciary.”

The legislation (CS/HJR 7111) is a proposed constitutional amendment going before voters next year. If 60 percent approve, the Supreme Court would add three members be split into two divisions — one civil, one for criminal cases.

The state Senate also would gain authority to confirm the governor’s appointments to the court. The Legislature also would have more power to repeal court rules, while the Supreme Court would gain a guaranteed level of state funding — topping what it historically has drawn.

Democrats said Republicans are court-packing — seeking a friendly panel that may play a key role in reviewing legislative redistricting next year.

But GOP leaders disputed that Friday, saying, instead, they are looking at modernizing the high court and improving justices’ ability to deal with death penalty cases.

Rep. Richard Corcoran, R-New Port Richey, said he’s tired of hearing Democrats accusing ruling Republicans of devious plans and “sticking it” to various interest groups.

“Today, I am voting for this bill, to stick it to every Death Row inmate,” Corcoran said.

A Senate version of the proposal is still awaiting a full chamber vote.

The Republican-ruled House and Senate are proposing $1 billion in public school cuts, reductions in health and social service programs, and plenty more tight-fisted spending decisions as they struggle to close an almost $3.8 billion budget gap.

But GOP leaders are poised to spend $400,000 to get a likely popular tax break before voters early on next year’s election calendar.

Rep. Chris Dorworth, R-Lake Mary, already tapped as a future House speaker, got his bill advancing a first-time home buyers’ tax break through the House Economic Affairs Committee on Tuesday, in a party-line vote.

Dorworth said the legislation (CS/HB 1053) advancing the tax break to next January’s presidential primary will allow buyers to take advantage of the reduction sooner. If approved by 60 percent of voters, the tax break would take effect in January, as opposed to January 2013, if it was left to be approved by voters in November.

Dorworth’s proposal was approved 10-5, with Democrats opposed. Rep. Jim Waldman, D-Coconut Creek, said putting the tax proposal on the early primary ballot wasn’t worth the extra cost — $400,000 for statewide advertising of the proposed constitutional amendment, according to analysts.

Among Democrats, there also was an undercurrent that the GOP was looking to get the tax-cutting approved early in an election year, to give them another voter-friendly issue to campaign on.

Dorworth refused to take the bait. “We think it belongs in a January or February vote,” he said.

Democrats, though, may still get the final say on this one. Dorworth needs approval of three-fourths of the House and Senate to get the tax measure on the presidential primary ballot. While vastly outnumbered, Democrats still have enough votes to keep the ruling party from reaching that high bar.

GOP leaders haven’t settled yet on whether to delay the presidential primary by a month to comply with Republican National Committee rules that prohibit other states from jumping ahead of early primaries planned for New Hampshire, Iowa, South Carolina and Nevada.

 The proposed ballot measure is a rewrite of a constitutional proposal barred by the Florida Supreme Court from going before voters last year because of misleading ballot language.

The amendment proposes a tax break for first-time home buyers and lowers the annual cap on assessment increases for businesses, rental properties and vacation homes. The Florida Association of Realtors, a heavy contributor to the state GOP last year, has said the measure would revive home sales and attract new investors to the state.

House Democrats pull out the income tax bogeyman and evoked Aretha Franklin in arguing against making public employees pay 3 percent of their income to take part in the Florida Retirement System.

Rep. Jeff Clemens, D-Lake Worth, thanked ruling House Republicans for their anticipated support for what he hinted was a tax that will backfire on the majority party in next year’s elections.

“Everybody who pushes the green button is voting for a tax, and the Democratic Party thanks you,” Clemens said.

House Democratic Leader Ron Saunders of Key West sought to have the legislation (CS/HB 1405) ruled in violation of House rules, because it’s a bill — but should be a ballot proposal if lawmakers are seeking to enact an income tax. Saunders also told Republicans they should remember the lyrics of Aretha Franklin.

“You better think,” Saunders said, but refraining from song. “Think. Think about what you’re doing to me.”

After a brief huddle and a rule-book review, Rules Chairman Gary Aubuchon, R-Cape Coral, decided against Saunders’ motion. Aubuchon said any questions about the constitutionality of the pension contribution would be for courts to decide.

House Speaker Dean Cannon’s latest push to revamp the Florida Supreme Court sailed through a House panel Thursday in a vote divided on party lines — with Democrats ridiculing the measure as unneeded and chiefly a partisan payback.

“What is the rush for this?” asked Rep. Richard Steinberg, D-Miami Beach.

Cannon has been at odds with the court since justices last summer struck from the ballot three initiatives approved by the Republican-ruled Legislature. But bill sponsor Rep. Eric Eisnaugle, R-Orlando, said the proposed overhaul is “about accountability and efficiency.”

Another Republican supporter, Rep. Charles McBurney of Jacksonville, said the legislation, “is a transformative resolution.” The Judiciary Committee approved the legislation 12-6.

The bill (CS/HJR 7111) would expand the current seven-member Florida Supreme Court to 10 members — but divide it into two divisions, civil and criminal. The approach is less sweeping than a larger court division initially proposed by Cannon, and backs away from his earlier call for eliminating Judicial Nominating Commissions and giving the governor more autonomy in naming judges.

The measure is aimed at the 2012 ballot, where at least 60 percent of voters would have to approve the change for it to become law.

 Supporters also worked to sell the legislation, saying it includes state funding provisions designed to avert the cash crunch that this week threatened to shutter courtrooms statewide. (more…)

GOP House leaders hatched a new plan to keep the Florida Supreme Court from scrapping the legislature’s proposed constitutional amendments from the ballot.

The new plan (HB 1261) is the latest salvo in House Speaker Dean Cannon’s battle with the high court, which last year removed three proposed constitutional amendments the legislature attempted to put on the ballot. Cannon released his latest plan to overhaul the Supreme Court earlier today.

The latest proposal would require that the full text of a proposed amendment goes on the ballot even if the court rules the ballot summaries are misleading, confusing or defective. Court challenges about the summaries would have to be filed within 30 days after the amendments are filed with the secretary of state.

A House committee is expected to vote on the measure tomorrow.

House Speaker Dean Cannon’s latest overhaul of the Florida Supreme Court would retain a single court but divide it into two divisions – criminal and civil – and increase the number of judges from seven to 10.

Cannon made the concessions after taking into consideration objections from the Florida Bar and judges, he said at a press conference this morning.

The GOP leader has wrangled with the high court since it killed three constitutional amendments pushed last year by the Republican Legislature.

Cannon, a Winter Park lawyer, said he’s trying to foster an environment in which “the branches can have an appropriate discourse” but which reaffirms the legislature as “the policy-making branch.”

Cannon also backed off his earlier plan to revamp the way judges are selected for the bench. Cannon’s originally wanted to scrap the Judicial Nominating Commissions, the governor-appointed panel that give the names for prospective Supreme Court judges to the governor, who makes the appointments. Cannon’s latest plan would allow Gov. Rick Scott to select new members to the panel.

And Cannon’s reversed his position on opening up complaints about judges. Instead of opening up the records to everyone, Cannon wants to make it easier for the House, which has the authority to impeach judges, to get the records. The records would then be open to the public after impeachment proceedings begin.

(more…)

The House and Senate agreed Tuesday to send to federal officials the voter-approved Amendments 5 and 6, apparently ending an icy standoff between Republican Gov. Rick Scott and Democratic-allied supporters of the redistricting measures.

Sending the amendments to the U.S. Justice Department for “preclearance,” is a routine step in the redistricting process. But Scott added a level of intrigue when he quietly withdraw the state’s request soon after taking office.

Supporters of the so-called Fair Districts amendments, which are aimed at requiring that compact legislative and congressional districts be designed by lawmakers without concern for incumbents or political parties, sued Scott and Secretary of State Kurt Browning to force the review to proceed.

The plaintiffs in the lawsuit, filed in federal court in Miami, include the state NAACP, the League of Women Voters,  Democracia, a Hispanic political action group, and five individuals from Monroe County. (more…)

A measure that would bar the Florida Supreme Court from stripping proposed constitutional amendments off the ballot because of deficiencies in the ballot title or summary narrowly made it through its first stop in the Senate this morning.

The proposal (SB 1504) also would impose more restrictions on petition gatherers.

House Speaker Dean Cannon and Senate President Mike Haridopolos have gone after the court for tossing a proposed constitutional amendment that would allow Florida to opt out of the federal health care law. The proposal would require the court to send an amendment back to the state department with instructions on how to fix it and allow the secretary of state to alter it and then place it directly on the ballot without further court review.

The measure, sponsored by Sen. David Simmons, R-Maitland, would also:
-Require the paid signature gatherers to be eligible vote in Florida;
- Prohibit them from being paid by the petition;
- Require that their names be on all the petitions;
- Reduce from four years to 20 months the amount of time the petitions are valid.

The bill passed on a 7-5 vote, with Republican Paula Dockery, R-Lakeland, joining Democrats in opposition.

The Florida Senate approved a constitutional amendment that would cap government spending, a variation of the “Taxpayers’ Bill of Rights,” or TABOR, Colorado instituted in 1992 but repealed in 2005.

The so-called “Smart Cap” measure, sponsored by Sen. Ellyn Bogdanoff, limits future state spending to growth based on population and cost of living and constrains borrowing. Voters in 20 other states have rejected similar measures.

Opponents of the proposed amendment argued that the state constitution already curbs state spending by requiring a balanced budget and that the spending caps could harm the state’s most vulnerable in economic downturns like Florida is now experiencing. Lawmakers are struggling to slash at least $3.62 billion from last year’s budget.

The Colorado measure also capped local government spending increases, something not included in Bogdanoff’s proposal, and resulted in a dramatic decline in education and social services funding.

“We already have a revenue limit in Florida. We have repealed as much as $19 billion in taxes over the last 12 years. We simply don’t need an even more restrictive cap in the state constitution,” Senate Democratic Leader Nan Rich of Weston argued. “If you think we’ve had hard choices to make…over the past few years,
TABOR will only make it worse.”

But Bogdanoff insisted her bill is necessary to rein lawmakers in.

“We already have a cap in the constitution. But it’s not working. We need one that’s going to work better,” Bogdanoff, R-Fort Lauderdale, said. “This is not Colorado. We have learned from the mistakes of other states.
We didn’t want to repeat what they had done…If government takes less, the people have more. and I don’t know about you but I’m okay with that.”

The measure passed with a 27-13 vote. Two Republicans, Sens. Paula Dockery of Lakeland and Nancy Detert of Venice, voted against it; one Democrat, Sen. Bill Montford of Tallahassee, voted in favor.

The proposal is one of Senate President Mike Haridopolos’ top priorities. Haridopolos, R-Merritt Island, is running for U.S. Senate, and, if approved by the House, could join him on the November 2012 ballot if he wins what is expected to be a crowded GOP primary.

The House has not yet voted on the bill (SB 958). It would require 60 percent approval by voters to get into the state constitution if it makes it on the ballot.

Senate President Mike Haridopolos’ opening speech for the 2011 legislative session began with an homage to Winston Churchill, wove in several biblical references and ended with a Shakespearean quote as he set the stage for the next 60 days.

The Merritt Island Republican and U.S. Senate candidate blasted the federal health care law, calling it reckless and arrogant. The Senate will debate one of Haridopolos’ top priorities later today – a proposed constitutional amendment letting the state opt out of the federal law.

Haridopolos, his wife Stephanie seated beside him, waxed biblical over a second priority – a proposed constitutional amendment known as “Taxpayers’ Bill of Rights,” or TABOR, that would cap state spending and debt.

“I call my plan Smart Cap, because it is both. But it could be called the Old Testament Option, as the concept was originally Joseph’s. In the good years, don’t eat all the corn. Save some, so that in the bad years you don’t have to eat sand. Very wise, and very much needed if we do not want our spending in the past to be the prologue for the future,” Haridopolos said.

(more…)

With Gov. Rick Scott and his wife Ann looking on, freshman Sen. Oscar Braynon II, a Miami Gardens Democrat, was sworn in this morning as the Florida Senate kicked off the 2011 legislative session.

Braynon, a former House member, replaced U.S. Rep. Frederica Wilson in a special election.

The Senate has an ambitious opening-day agenda that includes debate on one of Senate President Mike Haridopolos’ top priorities – a constitutional amendment that would let the state refuse to comply with the federal health care law.

Scott will give his first state-of-the-state speech to a joint session of the legislature at 6 p.m. this evening.

House Speaker Dean Cannon, wrangling with the Florida Supreme Court since it killed three constitutional amendments pushed last year by the Republican Legislature, unveiled his latest idea Monday — overhaul the Supreme Court.

Cannon said the House will propose creating two, five-member Supreme Courts, one charged with overseeing civil matters, the other criminal cases. Justices from the current, seven-member court could form the core of the new, 10-justice lineup, but there would be no guarantees, he conceded.

The Winter Park lawmaker, during a briefing with reporters, also said he wants to change existing merit retention election standards. He’d require appellate justices to win the support of more than 60 percent of voters to stay on the bench. Currently, justices only need to secure a majority. (more…)

With the Florida Senate poised to approve a strict state spending cap possibly as early as next week’s opening days of the legislative session, opponents are trying to marshal forces.

The League of Women Voters warns that the so-called Taxpayer Bill of Rights (TABOR) that Senate President Mike Haridopolos, R-Merritt Island, is looking to put before voters next year could doom Florida to years of inadequate financing of health and social service programs.

Critics say the state’s tough revenue picture is only going to get more brutal if TABOR is OK’d by voters.

“This is like telling people who are dying of thirst in the desert that they need to have flood insurance,” said Ben Wilcox, a league lobbyist.

Florida already has a revenue cap in the state constitution, approved by voters in 1994. But the latest proposal tightens it from being based on personal income growth to a new standard tied to population growth and inflation, while also limiting future borrowing.

It doesn’t apply to cities and counties. 

 Colorado approved the nation’s first TABOR in 1992, but later suspended it do to government cash-flow problems.  Haridopolos, a candidate for U.S. Senate, says TABOR is needed to restrain state government — especially when the recession eases and tax collections return to earlier levels.

Former Gov. Charlie Crist and former Chief Financial Officer Alex Sink will lead a bipartisan rally today to support a constitutional ban on offshore drilling today.

Crist, a Republican-turned-independent, and Sink, a Democrat, will appear with lawmakers and others at an event at 12:30 on the steps of the Old Capitol in Tallahassee.

Crist called lawmakers in for a special session last year to pass a similar amendment to put on the November 2010 ballot, but they snubbed him. The legislature met briefly and adjourned without doing anything after Crist abandoned the GOP and became an independent to avoid a Republican primary in the U.S. Senate race, which he eventually lost to Marco Rubio.

Before leaving office in January, Sink struggled to get BP claims czar Ken Feinberg to improve his claims process after tens of thousands of Panhandle residents, and hundreds of Floridians throughout the state, complained about problems with his Gulf Coast Claims Facility.

That system remains troubled as Feinberg is set to begin making final payments to more than 500,000 applicants for damages caused by the April 20 Deepwater Horizon oil disaster.

Yesterday, senators discussed creating a state system for victims of BP’s massive oil disaster in the Gulf of Mexico to expedite the claims system.

Next Friday, Feinberg will appear before a House committee at the behest of House Speaker Dean Cannon. Hundreds of Panhandle officials and residents are expected to show up. Complaints about Feinberg’s payments from the $20 billion fund set up by BP include delays, an inability to find out where claims are in the process, and inconsistencies in who gets paid and how much.

A federal judge recently ruled that Feinberg is not independent of BP, as he contends, and ordered him to quit saying that he is.

Mississippi Attorney General Jim Hood is so fed up with Feinberg’s erratic claims system that on Monday he asked a federal judge to take it over “to facilitate the timely and just processing of claims.”

Supporters of two voter-approved constitutional amendments changing the way Florida lawmakers draw Congressional and legislative districts filed a lawsuit today demanding that Gov. Rick Scott move forward with the federal approval needed to implement the changes.

Shortly after taking office, Scott put the brakes on predecessor Charlie Crist’s request to the U.S. Department of Justice for the “pre-clearance” required whenever Florida makes changes to its elections laws affecting voters’ rights.

Scott reappointed Kurt Browning as Florida’s secretary of state. Browning, originally appointed by Crist, left his post last year to lead the fight against the “Fair Districts” amendments approved by voters in November that now bar lawmakers from drawing districts that favor political parties or incumbents.

(more…)