Florida Government and Politics Weekly Update

Legislature: Governor Charlie Crist Urges Legislative Leaders to Call December Special Session
On November 5, 2009, Gov. Crist urged legislative leaders to call a special session in December to address commuter rail issues. Although a special session can be called either by the governor or by a joint proclamation of the Senate president and House speaker, Gov. Crist said he did not want to proceed until there was an agreement between the two chambers.

A December special session, if called, would probably occur during the week of December 7, 2009, when legislators are already scheduled to be at the Capitol for committee meetings.

Supporters of commuter rail projects have said that the availability of a portion of $8 billion in federal high-speed rail funding will depend on the state’s commitment to projects such as the Tri-Rail system in South Florida and the proposed SunRail project in Central Florida. A spokesperson for Senate President Jeff Atwater (R-North Palm Beach) said that federal officials told Sen. Atwater that “they would be making their high-speed rail decision this winter and one of the things they said they were looking at was the state showing a commitment to rail transit…They specifically cited SunRail and Tri-Rail.”

Gov. Crist said, “If SunRail can occur, if we can complete that project, we have a great opportunity for the bullet train and the additional jobs that that can provide.”

The House has previously passed SunRail legislation, but the spokesperson for Speaker Larry Cretul (R-Ocala) indicated that House leadership was not eager for a special session unless passage in the Senate was assured. According to the spokesperson, “To justify a special session, the Speaker would need to see specifics of the Senate’s proposal and he would need the specific, clear assurance that the Senate has the votes to approve the proposal.”

Gaming: House Gaming Committee Chair Says Seminole Gaming Compact Is Not Likely to Win Legislative Ratification
The Chair of the House Select Committee on Seminole Indian Compact Review, Rep. Bill Galvano (R-Bradenton), told his committee on November 2, 2009, that the version of the compact signed by the Seminole Tribe of Florida and Gov. Crist in August 2009 was not likely to be approved by the Legislature.

After the Florida Supreme Court declared that a previous compact was invalid because it lacked legislative authorization, the 2009 Legislature enacted Senate Bill 788 to set out parameters for a new compact. Rep. Galvano noted major differences between the agreement and SB 788, and stated that these differences made ratification highly doubtful. Among other things, the legislation limited blackjack and other banked-card games to three Seminole casinos, while the compact allows the games at all seven Seminole casinos.

Politics: State Sen. Paula Dockery Announces Candidacy for Governor
On November 3, 2009, state Sen. Paula Dockery (R-Lakeland) announced that she would enter the 2010 Republican gubernatorial primary, opposing Attorney General Bill McCollum. Sen. Dockery’s entry into the race was seen by some observers as a rebuke to Republican Party of Florida leadership, which was seeking to avoid a primary.

Sen. Dockery was first elected to the Senate in 2002, after serving six years in the state House. She is probably best known for her role in defeating the proposed SunRail commuter rail legislation in the 2009 Legislative session.

Politics: Major Political Fundraiser Accused of Operating Ponzi Scheme
The announcement that a major political fundraiser was under investigation for operating a Ponzi scheme left politicians from both parties scrambling to identify and return possibly tainted contributions.

Fort Lauderdale attorney Scott Rothstein is under federal investigation for operating a Ponzi scheme involving the sale of structured settlements. A Broward County judge has appointed a receiver to examine the finances of Mr. Rothstein’s law firm, Rothstein Rosenfeldt Adler.

Mr. Rothstein was a prolific political contributor. Press accounts of contributions from Mr. Rothstein, his family, and his firm vary, but they range from a low of $920,000 over the last 13 years to a high of $1.4 million in the last three years.

The contributions went to state and federal candidates from both parties as well as both the Republican Party of Florida, which reportedly received $571,500 over the last seven years, and the Florida Democratic Party, which reportedly received $200,000 in 2009. The two parties, along with numerous elected officials, stated that they are trying to identify and return the contributions from Mr. Rothstein and associated interests. 

Public Policy News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and our colleagues. If you have any questions about this alert or would like to discuss these topics further, please contact your Foley attorney or any of the following individuals: 

Marnie George of The George Group assists Foley on a variety of government and public policy matters as a consultant.