Painful lessons for a uneasy Florida Legislature
January 8, 2016 - Picnic Time
The Florida Legislature done story in 2015 for all a wrong reasons.
In a year that was tangible by dysfunction during a state Capitol, a House disregarded a state Constitution by shutting a doors prematurely. Senators after certified they defied a will of a people by sketch districts to save their possess careers during a responsibility of satisfactory districts that a Constitution demands.
Sharply divided over either to enhance health care, lawmakers scarcely unsuccessful to govern their one prescribed duty, flitting a budget. When they did, it was magisterial with hometown spending that Gov. Rick Scott quickly rejected.
Environmental groups filed lawsuits, accusing a Legislature of thumbing a nose during electorate over how to order a extravagantly renouned land and H2O initiative, Amendment 1.
Three special sessions later, as unused authorised skirmishes over redistricting still reverberated in a courts, lawmakers were vilified as conceited and out of touch, and some pronounced they deserved it.
“A good out-of-date ass-whipping,” says Sen. Tom Lee, R-Brandon.
They start uninformed Tuesday in an scarcely early election-year session. We’ll shortly find out if a disturbance of 2015 was an misconception or a new normal in Tallahassee.
Lawmakers, lobbyists and observers see systemic problems that are bad for Florida democracy. What follows are 5 areas of concern: tenure limits, redistricting, special seductiveness money, a lobbyist present anathema and a use of a open bureau as a springboard to private wealth.
Reforming any one of a 5 would make a difference, though change in Tallahassee comes really slowly, if during all.
Republicans led a assign to revoke domestic energy by tying terms of legislators to 8 years in a same office, though many call it a disaster. They contend it has empowered seasoned staffers and lobbyists, while formulating an open line of improvident politicians filled with aspiration though lacking real-world believe and insight.
“If we could change one thing, it would be tenure limits,” says Senate President Andy Gardiner, R-Orlando, “But it will never happen, and a existence is, many people consider we should be here usually for about 6 months.”
Six months is all it takes for a immature and nervous House member to start chasing a Senate seat. The House is a plantation complement for destiny senators, and rookie House members confronting a eight-year time turn sealed in distracting, time-wasting fights for destiny power, before casting a singular vote.
Sen. René Garcia, R-Hialeah, and Rep. Mark Pafford, D-West Palm Beach, are sponsoring legislation to extend tenure boundary from 8 to 12 years, theme to voter approval. But it stands small chance, generally in an choosing year, and Rep. Richard Corcoran, R-Land O’Lakes, a destiny House speaker, final that a eight-year extent be kept as is.
“Term boundary has been a extreme alleviation over a aged system,” Corcoran says. He wants to extend tenure boundary to appeals justice judges, too.
The genuine problem in Corcoran’s perspective is that too few legislators have specific process agendas, so they take marching orders from lobbyists instead.
Political energy in Tallahassee is related to reapportionment, a once-a-decade changes to congressional and legislative districts to simulate changes in a population.
In Florida, as in many states, legislators have zealously shielded their self-interest in formulating districts, even as Florida electorate see fewer rival legislative races each dual years.
Democrats did it that approach for some-more than a century. Republicans followed suit, though ran afoul of dual “fair districts” supplies that electorate total to a Constitution in 2010 creation it bootleg to emanate districts slanted to preference parties or incumbents.
Rep. Dwight Dudley, D-St. Petersburg, is a latest champion of holding redistricting from lawmakers and giving it to an outward organisation — an thought that Democrats embraced shortly after they fell out of energy dual decades ago.
“That’s a key,” Dudley says. “Without it, people’s votes turn diluted. They turn really asocial and angry.”
Adding to a cynicism, Dudley says, is that electorate see bootleg function by a Legislature that violates a Constitution, though “there are no repercussions. No penalties.”
Under Dudley’s check (HB 993), a state auditor ubiquitous would designate private adults to a row to pull congressional and legislative districts each decade after a new Census. His offer would need changing a Florida Constitution, theme to capitulation of 60 percent of electorate in a ubiquitous election.
After some-more than $8 million in authorised fees charged to taxpayers and oppressive recriminations from Supreme Court justices, a subsequent House speaker, Corcoran, agrees it might be time for a Legislature to obey control of redistricting to a third party.
As orator in 2017, Corcoran will have 9 appointments to Florida’s Constitution Revision Commission, a absolute 37-member row with a energy to introduce such changes directly to electorate in a 2018 election.
The energy of money
Money dominates a review in Tallahassee, and voters’ cries of criticism can be drowned out by a tidal call of income from special interests.
Every lawmaker has a re-election campaign, though that’s usually a beginning, given donations are singular to $1,000, chump change in today’s domestic culture. As a result, many lawmakers also control apart domestic committees, or PCs — accounts that some use as a piggy bank for dishes and travel. PCs can take total donations, creation them magnets for super-sized special seductiveness donations, and that has increasing a allure of large money.
The dual combatants in a recently finished Senate energy struggle, Sens. Jack Latvala of Clearwater and Joe Negron of Stuart, lifted a total $8 million over 3 years, many of it from interests carrying a interest in legislation.
With courts equating debate contributions to stable speech, probably no one is job for boundary on fundraising. On a contrary, Corcoran wants to lift caps on donations and need evident avowal of each dollar raised.
Let a casino give a authority $1 million, he says, though it has to be disclosed right away.
“People can infer what they want,” he says.
Lawmakers can’t accept income during a unchanging 60-day session. As a result, periodic cabinet assembly weeks have turn fundraising marathons and lobbyists and clients are followed relentlessly for trips to round games, golf outings and junkets to Disney World.
“You have to appeal dollars and set adult times to land those contributions. You have to send thank-you notes. Phone calls, meetings,” Lee says. “In a part-time Legislature, that’s a genuine total commitment.”
The one thing that can trump income is votes. The many apparent approach to extent a strech of income is for a expensively saved authority — or dual or 3 — to be dejected by an avalanche of ballots expel for reform-minded opponents, like something from a Frank Capra movie. Not likely.
The present ban
New Year’s Day noted a decade given a Legislature intended that a members can’t take anything of value from a lobbyist — not even a bottle of H2O — in response to a widely hold notice that legislators were too gratified to lobbyists’ credit cards.
The present anathema has survived steady attempts to mangle or dissolution it, though some who voted for it contend it done a Capitol a colder and some-more apart place given a time-honored tradition of a lobbyist-paid lunch is extinct.
Sen. Don Gaetz, R-Niceville, envisioned 20 or 30 lawmakers on a behind porch, a pot of chili simmering nearby, and people nurturing friendships that comparison a transactional differences of a moment.
“I could never get that going,” Gaetz says. “I consider we skip that.”
Sen. Nancy Detert, R-Venice, removed “wonderful Wednesdays” of boiled duck and intercourse common on cruise tables during a family grill nearby a Capitol.
“You got to know people. It was some-more collegial,” Detert says. “Once we mangle adult that collegiality, it’s some-more of an us-against-them atmosphere.”
Lee, who was Senate boss when a House done a present anathema a take-it-or-leave-it condition to a lobbyist fee-disclosure bill, says it was a right decision, and that it spotless adult what was a “cesspool” during a Capitol of lobbyists wining and dining inaugurated officials constantly.
“I positively wouldn’t wish to go backwards,” Lee says.
‘Monetizing’ a trust
In Tallahassee, “monetizing” refers to a long-accepted use of legislators rising from shade to parlay a open bureau into a six-figure income during a hospital, college, law organisation or other entity contingent on legislative goodwill if not state money.
It’s common, and it’s not illegal. But it breeds cynicism in a halls of a Capitol even among legislators themselves as it blurs a eminence between open trust and private gain.
At a same time, some legislators use a levers of energy to forge alliances with lobbyists in hopes of cashing in and apropos lobbyists after they leave office, regulating a believe and imagination gained on a inside to turn rich on a outside. It happens in Washington all a time, and Tallahassee insiders like a model.
Corcoran has due a anathema on legislators holding jobs during entities that get state income and from holding allocated supervision jobs for 6 years after they leave office, to equivocate “padding their pensions.”
Referring to a revolving doorway of influence, Corcoran also wants to extend a existent two-year anathema on lobbying by former lawmakers to 6 years after they leave office.
“Left to a possess devices, we will select self-interest to a wreckage of a institution,” Corcoran says.
A year to forget
Lowlights of a 2015 Florida Legislature:
▪ April 28: House Speaker Steve Crisafulli abruptly and unilaterally ends a unchanging event amid an corner with a Senate on health caring expansion, an movement a Florida Supreme Court says was unconstitutional.
▪ May 15: As work on a state check stalls, Gov. Rick Scott angers legislators with meaningful warnings of a Washington-style “government shutdown.” He orders lists of vicious services that contingency continue if a check deadline is not met.
▪ June 15: At a brief and pell-mell event nearby midnight, spending lists fly behind and onward as House and Senate check chairmen determine to hundreds of millions of dollars in prejudiced spending. A “perfect storm,” Senate check authority Tom Lee calls it, and days later, Scott quickly vetoes many of a projects.
▪ July 28: Admitting it trampled on a public’s will, a Senate tells a Florida Supreme Court that a redrawing of a possess districts in 2012 violates voter-approved anti-gerrymandering supplies in a state Constitution, forcing a third special event in 6 months and tossing senators’ domestic futures into disarray.
▪ Oct. 28: Mounting disappointment over redistricting and a four-year conflict over a Senate presidency finally erupts as Sen. Don Gaetz, R-Niceville, calls Sen. Jack Latvala, R-Clearwater, a “bully” on a Senate floor.