Oil Spill: Special Legislative Session on Offshore Drilling Called for July 20 – 23, 2010
On July 8, 2010, Governor Charlie Crist issued a proclamation calling the Florida Legislature into a special session from 12:00 p.m. on Tuesday, July 20 through 5:00 p.m. on Friday, July 23. The scope of the special session is limited to placing a proposed amendment to the state constitution to ban offshore drilling on the November 2 general election ballot.
As described in the proclamation, the proposed amendment would "prohibit the exploration for, the drilling for, the extraction of and the production of oil beneath all Florida waters located between the mean high water line along the coastline of Florida and the seaward limit of Florida's boundaries." The state's territorial waters extend nine nautical miles (10.36 statute miles) out from the mean high water line.
Florida statutes currently prohibit the state from granting any leases for oil exploration or drilling within the state's territorial waters.
A joint resolution proposing an amendment to the Florida Constitution requires the affirmative vote of three-fifths of the membership of each house of the Legislature. If placed on the ballot, the amendment would require the approval of 60 percent of the people voting on the question.
The Legislature can take up issues outside of the governor's proclamation by a vote of two-thirds of the membership of each house.
Gov. Crist described the special session as a "rifle shot" to address public outrage over the Deepwater Horizon oil spill. He said, "The rightness of this is so clear, especially dealing with what we've experienced in the past 80 days or so in the Gulf of Mexico. I just don't think I'd be doing my duty as your governor if I didn't call this session and at least try." He responded to suggestions that the proclamation was motivated by political considerations by saying, "Politics has nothing to do with this. This has everything to do with doing what's right for a place that I love. I love Florida."
Reaction from legislative leaders was mostly negative. Senate President Jeff Atwater (R-North Palm Beach), who is a candidate for chief financial officer, issued a letter to senators in which he said, "legislative action should be based on solid data and empirical analysis, rather than political contrivance." However, he also noted that the special session creates an opportunity to consider "the meaningful and long-lasting reforms" that are already being studied by the Senate Select Committee on Florida's Economy. "Thus," he said, "I believe it is important to for us to consider including additional, ameliorative measures into our agenda and go beyond the simple expedient of merely confirming what is already in law."
Gov. Crist conceded that he did not have the support of House leadership, saying that his phone calls were not being returned. In an interview before the special session proclamation was issued, House Speaker Larry Cretul (R-Ocala) said, "Symbolic special sessions for some constitutional amendment that is already current law make no sense to me."
Senate President-designate Mike Haridopolos (R-Melbourne) said that he would vote against the proposed constitutional amendment and criticized the governor for calling "a hurried special session that will achieve nothing for Floridians." He added, "If the governor is really committed to recovery efforts in the Gulf of Mexico, as his press office said, he had better have a host of substantial proposals for us to consider while he spends taxpayers' money calling a four-day special session in Tallahassee."
Former House Speaker Marco Rubio (R-Miami), who is running against Gov. Crist for the U.S. Senate, described the special session as a "political sideshow that will do nothing to help Panhandle businesses, keep oil off our beaches, or prevent future spills." U.S. Rep. Kendrick Meek (D-17th Congressional District), a Democratic candidate for U.S. Senate, noted that the governor had previously supported offshore drilling and asked, "Where was he before the oil spill?"
The special session proposal also was criticized by Attorney General Bill McCollum, a Republican candidate for governor, who said it did nothing to address the current oil spill problems. The Florida Chamber of Commerce described the special session as "a complete waste of taxpayer dollars."
Chief Financial Officer Alex Sink, the Democratic candidate for governor, commended Gov. Crist for calling the special session "despite the resistance from special interests and some members of the Legislature," adding that "the special session should also tackle the urgent needs for our business owners and state, including much-needed small business relief, a more streamlined claims process, and the creation of an environmental endowment for additional research."
Politics: Rasmussen Poll Shows Marco Rubio Leading Gov. Crist by Two Points
In a survey of 500 likely voters released on July 8, 2010, Rasmussen Reports shows the Republican candidate for U.S. Senate, former Florida House Speaker Rubio with 36 percent of the vote. Gov. Crist, running as a no-party-affiliation candidate, has the support of 34 percent of respondents, Democratic candidate Rep. Meek has the support of 15 percent, and 14 percent are undecided. In a June 7 Rasmussen poll, Mr. Rubio and Gov. Crist were tied with 37 percent each, followed by Rep. Meek with 15 percent and 11 percent undecided.
In a matchup against the other Democratic candidate, businessman Jeff Greene, Mr. Rubio gets 37 percent of the vote, Gov. Crist gets 33 percent, Mr. Greene gets 18 percent, and 12 percent are undecided. In June, Gov. Crist led with 41 percent, followed by Mr. Rubio with 37 percent, Mr. Greene with 13 percent, and 10 percent undecided.
The automated telephone survey of 500 likely voters was conducted on July 6, 2010 and has a margin of error of 4.5 percentage points.
Legislature: One Redistricting Proposal Removed From November Ballot While Two Others Are Challenged
One of three proposed amendments to the Florida Constitution addressing redistricting issues has been removed from the November general election ballot, and two others have been challenged. In a decision on July 8, Tallahassee Circuit Court Judge James O. Shelfer removed proposed Amendment 7 from the ballot, saying that it was so confusing that voters could not reasonably be expected to understand what it did. Amendment 7 had been placed on the ballot by the Legislature after two other redistricting amendments had been placed on the ballot through the petition process.
Proposed Amendments 5 and 6 were the result of a petition campaign by a group called FairDistricts.org. Amendment 5 sets standards for the drawing of legislative districts, providing that districts may not be drawn "with the intent to favor or disfavor a political party or an incumbent" or "with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice." The amendment also requires that, to the extent consistent with federal law, districts must be as nearly equal in population as practicable, compact, and, where feasible, utilize existing geographical boundaries. Amendment 6 includes similar standards for congressional districts.
Amendment 7 requires the state to "apply federal requirements and balance and implement the standards in this constitution." It goes on to provide that, "The state shall take into consideration the ability of racial and language minorities to participate in the political process and elect candidates of their choice, and communities of common interest other than political parties may be respected and promoted, both without subordination to any other provision of this article. Districts and plans are valid if the balancing and implementation of standards is rationally related to the standards contained in this constitution and is consistent with federal law."
The Florida League of Women Voters and NAACP challenged Amendment 7 as a misleading attempt to nullify Amendments 5 and 6. The chief proponents of Amendment 7, House Speaker-designate Dean Cannon (R-Winter Park) and Senate President-designate Haridopolos, both responded to Judge Shelfer's decision by saying that the other two amendments were unclear. Sen. Haridopolos described Amendments 5 and 6 as "absolutely bewildering," and Rep. Cannon said they were "far more complicated and have far greater impacts on present constitutional powers and rights" than Amendment 7.
House Minority Leader Franklin Sands (D-Weston) welcomed Judge Shelfer's decision, saying that it "properly recognized the failings and deceit of a Republican-led legislative attempt to undermine" the FairDistricts.org proposal.
Also on July 8, in another Tallahassee courtroom Circuit Court Judge Jackie Fulford heard arguments on Amendments 5 and 6, whose language had previously received state Supreme Courtapproval for inclusion on the ballot. Among the plaintiffs in that case are U.S. Reps. Corrine Brown (D-3rd Congressional District) and Mario Diaz-Balart (R-25th Congressional District), who argue that the proposals could take away minority-voting rights that are protected under federal law. An attorney for the Legislature argued that the previous Supreme Court decision on Amendments 5 and 6 was merely advisory and did not take into account the substantive impact of the amendments.
Politics: Republican Gubernatorial Candidate Rick Scott Challenges Campaign Finance Law
On July 7, 2010, Rick Scott, a Republican candidate for governor, filed an action in federal district court in Tallahassee challenging a provision of the Florida campaign finance law. Mr. Scott is reported to have already spent more than $20 million in a largely self-financed campaign. Under Florida law, once Mr. Scott's spending on his primary campaign exceeds a $24.9 million cap, the state will give his opponent, Attorney General Bill McCollum, one dollar for every dollar Mr. Scott spends in excess of the cap.
Mr. Scott argues that the so-called "millionaire's amendment" restricts his First Amendment rights by limiting his ability to use his own money to engage in campaign speech.
In another campaign development, Mr. Scott and Attorney General McCollum have agreed to two televised debates in advance of the August 24 primary election. An August 2 debate in Miami will be sponsored by Univision and broadcast on August 7, and an August 5 debate in Tampa will be broadcast live on WTVT. Attorney General McCollum also has accepted an invitation to an August 11 Leadership Florida debate that would be broadcast statewide.
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