Florida Legislature: Joint Proclamation Limits Scope of Special Legislative Session
On December 30, 2008, Senate President Jeff Atwater (R-North Palm Beach) and House of Representatives Speaker Ray Sansom (R-Fort Walton Beach) issued a joint proclamation calling the state legislature into special session beginning at 11:00 a.m., January 5, 2009 and ending at 11:59 p.m., January 16, 2009.
The joint proclamation limits the scope of the special session. Consideration of any matters outside of the call requires a two-thirds vote of the membership of each chamber. The matters specified in the joint proclamation are:
Adjustments to fiscal year 2008 – 2009 appropriations and prior years' appropriations
Redirection of state trust fund revenues and balances to the General Revenue Fund
"Minor adjustments" to existing user fees, not including fees related to alcoholic beverages, cigarettes, or other tobacco products
Streamlining and flexibility for educational programs, services, and funding
Civil, criminal, and traffic fees, fines, and penalties
Intergovernmental transfers
Authorization of a pilot program to provide up to $10 million in small business loans to stimulate investment in the state's economy
State Budget: Some of the Governor's Budget Deficit Proposals Might Generate Controversy
On December 23, 2008, Gov. Crist released his proposals to address the estimated $2.315 billion deficit in Florida's budget for fiscal year 2008 – 2009. The Florida Constitution requires that the budget be balanced when the fiscal year ends on June 30, 2009. The governor's proposal avoids tax increases or employee furloughs and includes only limited budget cuts. Several aspects of the proposal would require additional borrowing.
The governor's plan would:
Reduce spending by $561.5 million. Under the proposed cuts, delivery of direct services in the health and human services area would be held harmless and cuts in K–12 education would be limited to the four percent "holdbacks" previously ordered by the governor.
Transfer $325.3 million in trust fund balances to the General Revenue Fund. Of these transfers, $174.5 million comes from four trust funds: two land acquisition trust funds, the Insurance Regulatory Trust Fund, and the Medical Quality Assurance Trust Fund.
Use $88.9 million of unexpended fixed capital outlay appropriations.
Generate $314 million by bonding current-year prison construction costs.
Use $135 million in Seminole Indian gaming compact funds. This would require legislative approval of the compact, which is not included in the call for the special legislative session. Gov. Crist has acknowledged that approval of the compact before the regular legislative session is unlikely.
Transfer an additional $290.3 million from the Budget Stabilization Fund. These funds must eventually be replenished.
Use $600 million from the tobacco settlement-funded Lawton Chiles Endowment. After the release of his budget plan, Gov. Crist told reporters that he intends that the money be returned to the endowment as soon as possible. The Chiles family has threatened legal action if the state were to sell any assets of the endowment as part of a budget-balancing plan.
Sen. JD Alexander (R-Winter Haven), who chairs the Senate Ways and Means Committee, responded to the governor's proposals by sending all senators a memorandum urging more budget cuts and less borrowing as the solution to the current-year budget deficit. In his December 29, 2008 memorandum, Sen. Alexander stated, "...as most of the Governor's recommendations are primarily nonrecurring in nature, I have recommended to President Atwater that the Senate consider additional reductions in recurring programs in an effort to end the ominous cycle of reductions from past budgets....I believe it is imperative that we plan for the future by reducing the state's recurring spending to ensure that we are not back at the table with the same problem in the spring."
Judiciary: After a Controversial Nominating Process, Gov. Crist Appoints a New Supreme Court Justice
Gov. Crist has appointed 15th Judicial Circuit of Florida Judge Jorge Labarga to the Florida Supreme Court, filling the vacancy created by the retirement of Justice Harry Lee Anstead. The appointment occurred less than three weeks after Gov. Crist had appointed Judge Labarga to a vacancy on the Florida Fourth District Court of Appeal.
On December 10, 2008, the same day Gov. Crist appointed Judge Labarga to the appellate court, he also rejected the Supreme Court nominees submitted by the Florida Supreme Court Judicial Nominating Commission, requesting the commission provide a more diverse slate of nominees. Judge Labarga was the only Hispanic nominee on the commission's original slate. A week later, the commission expanded the slate of nominees by adding Frank Jimenez, currently general counsel of the United States Department of the Navy and previously general counsel to then-Governor Jeb Bush. After Mr. Jimenez was added to the slate, groups of prominent lawyers wrote to the commission in support of and opposition to its decision; some opponents of Mr. Jimenez claimed that the commission had bowed to political pressure. On December 23, 2008, the governor announced that Judge Labarga was still in contention for the Supreme Court vacancy. The governor subsequently interviewed Judge Labarga and announced the appointment on January 2, 2009.
Politics: Relationship With State College Creates Pressure for House Speaker
House of Representatives Speaker Ray Sansom (R-Fort Walton Beach) has been under intense media scrutiny for several months. On the day he took office as House Speaker, Rep. Sansom also began a $110,000-a-year job with Northwest Florida State College, formerly known as Okaloosa-Walton Community College. Various media outlets allege, among other things, that while he was in charge of appropriations for the House, Rep. Sansom was instrumental in passing legislation that changed the status of the community college to a four-year degree-granting institution, that he steered approximately $35 million more in state funds to the college than had been recommended by the Florida Department of Education, and that a meeting between Rep. Sansom and college trustees may have violated Florida's Government-in-the-Sunshine laws.
A complaint against Rep. Sansom has been filed with the Florida Commission on Ethics, alleging that Rep. Sansom corruptly used his elected position to secure a special privilege or benefit for himself or others. On December 29, 2008, Rep. Sansom retained counsel in connection with the ethics complaint.
On January 5, 2009, Rep. Sansom announced that he was resigning from the Northwest Florida State College position.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
