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Senate panel thinks it’s got a winner — lottery system yields new district numbering

Wednesday, March 21st, 2012 by John Kennedy

After two days of testimony about oddly shaped district “appendages” and increasing tension between senators, the Senate Reapportionment Committee wrapped up its work Wednesday by bringing out lottery machine cages to select random numbers for new Senate boundaries.

“Bizarre is the word,” said Sen. Maria Sachs, D-Delray Beach.

Reapportionment Chairman Don Gaetz, R-Niceville, recommended the lottery-like selection process to determine odd-or-even number districts. Odd-numbered districts get four-year terms, even districts draw two-years. In throwing out the Senate’s first attempt at line-drawing, the Florida Supreme Court ruled the original numbering plan favored incumbents.

Gaetz said he was intent on finding an “incumbent neutral plan.”  Gaetz said the system he deployed was reminiscent of what he recalled being used by the Catholic Youth Organization (CYO) at his girlfriend’s church during schoolyard socials when he was a teenager in North Dakota.

But the system wasn’t fully embraced.

Sen. Ronda Storms, R-Tampa, said the Senate shouldn’t be “casting lots,” for districts and later sought unsuccessfully to have the selection stopped on grounds it violated state gambling laws.  Sen. Miguel Diaz de la Portilla, R-Miami, condemned the lottery, saying it was wrong to bring a “quick pick” approach to settling public policy. 

Another critic, Sen. Arthenia Joyner, D-Jacksonville, questioned whether the green lottery balls used to determine the even numbered districts had been recently painted, making them heavier and affecting when they dropped from the cage. She was assured by Senate Democratic Leader Nan Rich of  Weston that the balls were green when shipped to the state from a factory.

The Senate now is positioned to debate  its latest proposed redistricting plan Thursday, with a vote scheduled for the next day. Gaetz said he will include an amendment to the plan Thursday that incorporates the new odds-and-evens numbering system that emerged from the lottery system.

How the Senate rolls: Lottery system planned to choose district numbers

Wednesday, March 21st, 2012 by John Kennedy

The Senate Reapportionment Committee brought out lottery balls in spinning cages Wednesday as senators tried to devise a system where the number of Senate districts would not be seen as favoring certain incumbents.

The Florida Supreme Court declared unconstitutional the Senate’s first attempt at drawing district lines. Among the problems justices found, was district numbering that would have allowed most incumbents to serve for as long as 10 years, which the court said defied the state’s constitutional eight-year term limits.

Reapportionment Chairman Don Gaetz, R-Niceville, advanced the idea of a lottery system to choose district numbers which would determine whether a seat is for a four-year or two-year term this fall.

Most of the committee agreed to the concept. But some questioned the technique.

Sen. David Simmons, R-Maitland, said spinning lottery balls in cages on the Senate floor would disrupt the chamber’s “decorum.”  He suggested the lottery be held in the offices of the Senate secretary with videotape rolling.

“We will not have the fanfare, but the integrity of the Senate will be assured,” Simmons said.

But like most issues in the Senate, battle lines quickly emerged. Sen. Jack Latvala, R-Clearwater, said that if the lottery method was used, it was necessary that it be conducted on the Senate floor.

“I believe strongly that whatever we do has to be done on the floor of the Senate in front of God and everyone,” Latvala said.

After a heated debate, the committee has deferred a decision on the numbering system until the redistricting plan goes to the Senate floor.

Voters’ groups want more sunshine on staff work on redistricting

Thursday, March 15th, 2012 by John Kennedy

Organizations which disputed the Legislature’s first round of redistricting fired off a letter Thursday to Senate Reapportionment Chairman Don Gaetz urging that he make public the Senate’s latest attempt at redrawing district boundaries.

The League of Women Voters, La Raza and Common Cause-Florida said they were unhappy with Gaetz’s plan to have legislative staffers draw a new map– with the results only made public Saturday when it will be released as a proposal for the full Senate to consider next week.

“Since the Supreme Court expressly found that the original, ‘Senate plan is rife with objective indicators of improper intent,’ it is crucial that the redrafting process be done in the sunshine so that the people of Florida can know the motivations for drawing each line,” the groups wrote in their letter to Gaetz, R-Niceville.

The league, La Raza and Common Cause submitted their own proposed maps, which the Florida Supreme Court used in rejecting the Senate’s plan in a 5-2 ruling last week.

Justice Barbara Pariente, writing for the majority, cited several examples where the so-called coalition plan’  included more compact districts and avoided packing minority voters within select boundaries, which the court said appeared aimed at helping incumbents win re-election and the ruling Republican Party maintain its dominance in Tallahassee.

The letter concluded, “Senator Gaetz, Floridians should have an opportunity to observe the staff and senators as they redraw and to assess for themselves the intent of the drafters. We urge you to conduct the redrafting process in an open and transparent way that reassures voters about the integrity of our system.”

 

Fla Dem chief hails “historic rejection” of Senate redistricting plan

Tuesday, March 13th, 2012 by John Kennedy

Florida Democratic Party Chairman Rod Smith disputed Tuesday the claim by Senate Republican leaders that the plan for redrawing the chamber’s 40 districts was mostly approved by the state Supreme Court.

The court last week ruled eight of the districts were invalid, including two seats spanning Broward and Palm Beach counties. Justices also had “concerns” with another two districts which divide the city of Lakeland.

Echoing an earlier comment from Senate Reapportionment Committee Chairman Don Gaetz, R-Niceville, Senate President Mike Haridopolos, R-Merritt Island, said Monday that means, “three-fourths of the current plan has been deemed valid.”

Not so fast, Smith said.

“An entire redrawing of a Senate map is required,” Smith said, calling last week’s ruling by justices an “historic rejection” of the Legislature’s Senate plan.

Because the boundaries cited by the court are contiguous to other districts, it’s impossible to just make a few fixes, as Smith said Republicans are trying to cast the approach to a special session which begins Wednesday.

The court’s 233-page ruling provides, “enough instruction by the court for the Legislature to draw a map that will pass muster,” Smith said. “But there is no such thing as…(just) tweak the map.”

Smith also said he was pleased with the Supreme Court’s adherence to standards for compact districts and not drawing lines that favor a party or incumbents. These new provisions were included in the state constitution by voters in 2010, who approved Amendments 5 and 6.

While Amendment 5, which controlled legislative redistricting, was applied by justices, Smith said he is optimistic a Leon County Circuit Court will follow the same standard in reviewing the Legislature’s plan for redrawing congressional districts. Florida Democrats and allied organizations have sued to overturn that plan, based on the demands of Amendment 6, which covered congressional redistricting.

Smith also said that party leaders are still considering further action against the House redistricting plan, which was upheld by the Supreme Court. Smith said it’s possible legal challenges to a select number of districts would be filed in lower courts by Democrats.

Smith, meanwhile, acknowledged that he’s been fielding phone calls from Senate Democrats whose districts also could be dramatically redrawn in coming days.

Sen. Chris Smith, D-Fort Lauderdale, currently serves a heavily minority district that snakes from Broward County through Palm Beach County, mostly clinging to the Interstate-95 corridor. Smith’s district, and that of a parallel coastal district held by Sen. Ellyn Bogdanoff, R-Fort Lauderdale, were declared invalid by the court.

Under redrawn maps, it’s possible that Smith’s district change to become primarily rooted in far western Palm Beach County, while reaching in to include mostly black voters in Mangonia Park, Riviera Beach, and parts of  West Palm Beach. Bogdanoff’s district, meanwhile, looks potentially destined to be confined to Broward County — and turn Democratic-leaning.

“I think you’re going to see a very different Senate makeup when Palm Beach and Broward districts are redrawn,” Smith said. 

 

 

Immunity bill for lawmakers abruptly dropped

Monday, February 20th, 2012 by John Kennedy

Legislation that would have shielded lawmakers from having to testify or turn over public documents in court hearings was abruptly dropped Monday, after drawing criticism from a top senator.

The legislation (HB 7123) cleared the House Judiciary Committee last week under fire from Democrats who charged it was intended to serve as an obstacle in emerging lawsuits over redistricting.

Senate Reapportionment Chairman Don Gaetz, R-Niceville, sent a memo to fellow senators Monday saying he didn’t think the measure was necessary.  But he also indicated he was worried how the legislation might appear to a court reviewing the Legislature’s work redrawing House, Senate and congressional boundaries.

“Florida’s newly enacted congressional and legislative districts have been subjected to prolonged public scrutiny like never before,” Gaetz wrote. “They likely will be subject to more litigation than ever before…I do not want to chance even an appearance that the Legislature is not fully willing and able to explain our plans to any court of competent jurisdiction.”

Rep. Larry Metz, R-Yalaha, whose civil justice subcommittee advanced the proposal (HB 7123), said the immunity bill has nothing to do with redistricting. Instead, Metz said legal protections now granted legislators by courts on a case-by-case basis should be broadened.

He also said it was wrong that legislators could be forced to testify about their “legislative functions and duties.”

Rep. Matt Gaetz, R-Fort Walton Beach, went even further, saying immunity is a “defense against gamesmanship and bullying.”

Labor unions have sued legislators over new teacher standards, retirement system payroll contributions and election law changes in the past year. In an attempt to sway a judge or jury, union legal strategy could include making lawmakers testify about their “intent” in approving these laws.

In redistricting, the motives of lawmakers crafting new maps also could prove pivotal.  But Metz’ proposal would have kept lawmakers off the witness stand.

House Speaker Dean Cannon, R-Winter Park, and Rules Chairman Gary Aubuchon, R-Cape Coral, said Monday — soon after Gaetz’s memo was released — that the House was dropping the immunity proposal this year. Cannon, however, added some criticism to those who had derided the legislation.

“The hysterical reaction we’ve witnessed over the last few days  has been ill-informed and politically-motivated,” Cannon said. “Unfortunately, a debate this year on this subject will never be free of partisan rancor, blatant political opportunism, and unrestrained hypocrisy on the part of those who wish to discredit the most open and transparent redistricting process in Florida’s history.”

 

Senate OK’s redrawn Senate districts

Tuesday, January 17th, 2012 by John Kennedy

The Senate capped an almost 6-hour debate by approving a redistricting plan for the 40-member Senate on a 34-6 vote.

“The plan before you is not a Republican plan or a Democratic plan,” said Reapportionment Committee Chairman Don Gaetz, R-Niceville. “This truly is a non-partisan plan blending the insights of both parties.”

Senate Minority Leader Nan Rich, D-Weston, had dropped plans to provide an alternative map. But she continued to charge that the Republican-ruled Senate’s proposal will be rejected by the courts because it packs minority voters into districts, “bleaching” neighboring seats and making them more likely to elect Republicans.

“It effectively disenfranchises the voters,” Rich told senators. “I believe we will be back here again.”

Following the vote, which divided the Senate’s Democratic caucus, the chamber moved onto debate over it’s proposal for redrawing 27 congressional districts.

After rejecting plenty, Scott admin accepts some ObamaCare dollars

Wednesday, September 7th, 2011 by John Kennedy

A legislative panel gave Gov. Rick Scott’s administration approval Wednesday for a $3.4 million grant drawn from the federal Affordable Care Act, the measure backed by President Obama which Florida’s Republican chief executive ridicules regularly.

The Legislative Budget Commission agreed to take the cash to provide home visiting services to at-risk families. But Sens. Joe Negron, R-Stuart, and Don Gaetz, R-Niceville, urged lawmakers to reject the funding, warning that the program’s services were murky and that if federal dollars dry up, the state could be left covering the cost.

“It’s overly intrusive,” Negron said, adding he was wary of what he called the government’s “amorphous assistance.”

Scott and the state’s Republican-led Legislature has drawn national attention for rejecting federal grants aimed at moving nursing home patients back into their homes and providing in-home counseling to families where child abuse was a looming threat. Funding for these services and others were turned down because they stem from the Affordable Care Act — which many in the GOP deride as ObamaCare.

The Legislative Budget Commission, though, went along with the Scott administration’s request to accept this latest round of grant money Wednesday. A Republican majority on the panel endorsed the move, chiefly because rejecting it would have made Florida ineligible for as much as $100 million in future learning and development grants under the federal Race to the top legislation.

House budget chair Denise Grimsley, R-Sebring, said she was offended by the linkage. But she made it clear she didn’t like the program and felt such steps created a dependency for at-risk families.

“We have generations of individuals depending on government,” Grimsley said, adding, “it’s a no-win situation.”

 

Scott retools team amid poll numbers scraping bottom

Thursday, June 23rd, 2011 by John Kennedy

With approval ratings scraping bottom and his name a virtual laugh line for Democrats, Gov. Rick Scott is retooling his leadership team, with a pair of top aides departing and a veteran government insider expected to join the administration.

Scott Chief-of-Staff Mike Prendergast, a retired Army colonel, was officially moved Wednesday to executive director of the Florida Department of Veterans’ Affairs, taking with him his $150,000 salary and becoming one of the governor’s best-paid agency heads.

The move came a day after Mary Anne Carter, a top Scott adviser, announced she will leave at the end of the month. Carter guided Scott’s campaign last summer, helping the former health care executive win his first run for elected office — powered by spending $73 million of his own cash.

Meanwhile, Senate President Mike Haridopolos’ chief-of-staff, Steve MacNamara, is considered a likely successor to Prendergast. MacNamara served in a similar role in the House, led a state agency and is a tenured professor at Florida State University.

“Steve is a master of the business of politics and policy,” said Sen. Don Gaetz, R-Niceville, in line to become Senate president next year. “He would be a real asset to this governor.”

While high-profile staff changes are not unusual, Scott’s recent predecessors, former Govs. Charlie Crist and Jeb Bush, managed to get through at least the first year without an overhaul.

Scott, who will reach his six-month mark in office July 4, may feel some urgency to re-pivot because of recent polls.

Full story, here:   http://bit.ly/mCfRoz

Senate breaks with House on pensions

Wednesday, April 6th, 2011 by John Kennedy

Dueling budget plans were poised for votes Thursday in the House and Senate – a milestone for lawmakers still far from consensus and struggling to close an almost $3.8 billion budget shortfall.

But during almost daylong debate Wednesday, the Senate made the most striking move – breaking with the House on making 655,000 teachers, police, firefighters and other government workers contribute 3 percent of their pay to the state’s retirement plan.

Instead, senators rolled out an alternate approach, requiring 2 percent to 6 percent contributions. Supporters said the plan would be easier on lower-income employees – the bulk of those enrolled in the Florida Retirement System.

“Our intention is not to run (costs) up higher than it has to be,” said Senate Budget Chief J.D. Alexander, R-Lake Wales.

Sen. Don Gaetz, R-Niceville, is expected Thursday to revive his call for making elected officials pay 7 percent into the retirement system.

 The move drew lengthy debate Wednesday – but a vote was postponed, when Sens. Evelyn Lynn, R-Ormond Beach, and Arthenia Joyner, D-Tampa, argued against the higher rate.

Gaetz ready for road work

Sunday, March 13th, 2011 by John Kennedy

Lawmakers eager to save money are considering merging four expressway and bridge authorities under the Florida Turnpike Enterprise – a move certain to prompt controversy but which could save $24 million, supporters said.

Road authorities in the Orlando and Tampa area would be made part of the state system, along with two Panhandle bridge authorities.

Sen. Don Gaetz, a Niceville Republican, acknowledged the move was designed to stabilize his region’s Santa Rosa Bay Bridge Authority, currently running a $5 million deficit.

“It’s a money loser,” said Gaetz, whosaid the state could pocket staffing and infrastructure costs by consolidating the authorities. “We’re trying to find a way to help this sick puppy.”

The move also would increase the bonding power of the Florida Turnpike by $3.5 billion – allowing for more roadwork that could turn into more jobs, said Gaetz, who is spearheading the move as chairman of a Senate transportation budget panel.

Can Gaetz pull off the massive re-org? Much may depend on the political bargaining power the road authorities may hold. Orlando and Tampa’s road boards have had some powerful patrons through the years. 

But Florida’s regional road authorities also usually seem only an exit ramp or two away from trouble. A grand jury two years ago accused the Orlando-area authority of making vendors face an “organized shakedown” that yielded campaign contributions for some of the region’s top elected officials.

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