Sunday, September 3, 2017

August 2017 Month in Review - Local news

Local news in August was again dominated by our elected officials’ efforts to plan for growth, prop up aging infrastructure, and address the need for affordable housing and satisfy the desire to set aside conservation lands.

This month, decisions will be made when the County, City and School Board finalize their FY 2017–18 budgets. Let your voice be heard before they do. This Month in Review identifies some of the issues they will address. See the end of this post for budget hearing meeting dates and how to contact your representatives.

Also in August, Collier County Public Schools reopened after the summer break, and two candidates filed to run for School Board from District 3.

The stories, editorials and commentaries noted below link to the Naples Daily News unless otherwise noted.

Top stories: Collier County

Top editorials and commentaries: Collier County

Top stories and editorials: City of Naples

Top stories: Collier County Public Schools

Top editorials and commentaries: Collier County Public Schools

Election news

Upcoming budget hearings

  • Collier County Board of County Commissioners - September 7 and 21. Materials here.
  • Naples City Council - September 6 and 20. Agenda here.
  • Collier County School Board - September 12. Agenda here.

Take a few minutes and share your thoughts with your representatives before they decide how to spend your tax dollars. Reach your County Commissioners here, Naples City Council members here, and Collier School Board members here.


Help me reach more Collier voters by sharing this post with your friends. You and they can subscribe to posts by email at or read Sparker’s Soapbox online at

News happens daily! Stay current with Sparker’s Soapbox on Facebook at or follow me on Twitter @SparkersSoapbox.

Thursday, August 31, 2017

August 2018 Month In Review - State News

State news this month was dominated by fallout from some of the Legislature’s past actions, while 2018 election campaigns got underway for a few key statewide races. The 2018 Legislative session begins on January 9; committee meetings are to begin in mid-September.

Top stories

  • Florida Legislature, agency let $20 million in federal aid for mental health care expire without replacing it. Now, in the midst of an opioid crisis, Naples could lose substance abuse services for 219 people. Naples Daily News
    • Related: Sen. Jack Latvala urges Gov. Rick Scott to fill funding gap by executive order. The Florida Senate budget chief and 2018 gubernatorial candidate’s letter to Scott was also signed by Senate President Joe Negron and Senate President Pro Tempore Anitere Flores. Naples Daily News
  • After ‘hard and messy’ battle, Visit Florida faces new problems. Weeks after Gov. Scott struck a compromise with House Speaker Richard Corcoran allowing new regulations on the governor’s pet tourism agency in return for its $76 million budget, the marketing of one of the world’s most popular tourist destinations is in “serious disarray.” Tampa Bay Times
  • Power companies pumped $166,400 to Florida lawmakers who control their watchdog group. As state lawmakers work to fill three Florida Public Service Commission vacancies, it’s abundantly clear why the watchdog board has no teeth: Every single politician deciding who gets to sit on the board has taken thousands of dollars in campaign donations from power and fossil-fuel companies. Miami New Times
    • Related: Editorial: Florida’s broken system for selecting utility watchdogs. Utility companies contribute heavily to the campaigns of state lawmakers who serve on the PSC nominating council or appoint those who do. History shows these lawmakers favor applicants friendly to the utilities they are supposed to watchdog. It’s time to revisit how PSC members are selected. Sun-Sentinel
  • South Florida Water Management District emails show U.S. Sugar Corp. lobbyist’s influence. The District changed course immediately after a Dec. 2014 meeting with the lobbyist, halting planned rules meant to protect Florida waterways from pollutants in favor of a plan that “takes polluters at their word and holds no one accountable” if water quality suffers. TCPalm
  • Army Corps not ready to help South Florida Water Management District on Lake Okeechobee reservoir, asking for another month to make sure the Corps’ participation was “legally sufficient, policy compliant and implementable.” The SFWMD and Corps are supposed to have a basic design for the reservoir when the Legislature begins its 2018 session in January. TCPalm
    • Related: State may pay more on reservoir because its request will require the Corps to repurpose a project Congress already authorized. How much the federal government is willing to cover might have to be reconsidered. TCPalm
  • Florida’s Stand Your Ground change unconstitutional, second Miami judge rules. The ruling adds to an ongoing legal fight over whether lawmakers overstepped their authority when they revised the law to shift the burden to prosecutors, who are now forced to disprove a defendant’s claim of self-defense. Miami Herald
  • Florida Supreme Court strikes blow to death row inmates. The issue was whether all death row inmates should benefit from rulings by the U.S. and Florida Supreme Courts that struck down the state’s death penalty as unconstitutional because it didn’t require a unanimous jury vote. Palm Beach Post
  • Legal challenge to charter-friendly education law grows to 10 districts. The 274-page HB 7069 covers a wide range of provisions, some easing the ways in which charter schools can open and secure tax dollars.  News-Journal
    • Related: Editorial: Suing state over HB 7069 is understandable move for school boards. Lee County School Board members made the right decision to go to court against the state over approval of House Bill 7069. Naples Daily News
    • Related: Editorial “Kick”: School Board members Kelly Lichter and Erika Donalds opposed putting a review of HB 7069 by the district’s attorney on the board’s next agenda because it would be “divisive.” "We’d think members of any elected board would welcome a legal presentation on a 'divisive' issue. The ensuing discussion is only as “divisive” as the rhetoric the elected leaders then use when debating it." Naples Daily News
  • Sen. Passidomo of Naples to lead education budget committee. She replaces Sen. David Simmons, who voted against the highly contested HB 7069. The Senate PreK–12 Education Appropriations Subcommittee is responsible for cobbling together the Senate’s education budget. Naples Daily News
    • Related: Senator Simmons replaced  by a “first term senator from Naples who just moved up from the House” and who supported HB 7069, the religious expression bill and the textbook review bill. Florida League of Women Voters
    • Related: Text messages reveal behind-the-scenes battle over charter school bill. Politico
  • Sen. Passidomo sets Collier’s 2018 Legislative Delegation meeting for October 19. Local government entities, businesses, organizations, and citizens are encouraged to “use this opportunity to share with the delegation” local bills and local budget requests in advance of the 2018 Legislative Session as well as issues they would like to see addressed by state government. Immokalee Bulletin
  • Florida textbook law: America’s fight over facts continues. The law, the first of its kind in the nation, allows any state resident to formally challenge instructional materials. A Collier County resident claims that "any textbook including climate change information should leave open the possibility that humans are not at fault….” Time
  • Florida will pay $82,000 after losing vote-by-mail lawsuit. The Florida Democratic Party and the Democratic National Committee sued last year because state law did not require voters to be notified if their signatures on their ballot and voter registration forms don’t match. The Florida Legislature changed the law this spring. Tampa Bay Online
  • Trump nominates State Rep. Carlos Trujillo (R-Miami) to UN post, making the “powerful” Florida House budget chief one of UN Ambassador Nikki Haley’s four deputies. The district stretches from western Miami-Dade County into Collier County. Miami Herald
    • Related: Trujillo won’t resign from Florida Legislature for Trump administration post. Trujillo said he confirmed that the position would not require him to abandon his elected office, thereby avoiding a special election to replace him in House District 105, a Republican-leaning seat. Miami Herald

Top editorials and commentaries

  • Editorial: Voters may get chance to close loophole in law. Florida’s write-in provision has undermined hundreds of elections over the past 17 years. This could change in November 2018 if the state’s Constitution Revision Commission approves a proposed constitutional amendment offered by Dave Aronberg, state attorney for Palm Beach County. Treasure Coast Newspapers via Naples Daily News
  • Editorial: Whatever happened to home rule in Florida? Legislators chafe at federal regulations that come from Washington. Then they turn around and hand down their own edicts, handcuffing local officials who want to do what’s best for their constituents, but find they can’t because of the heavy-handedness from Tallahassee. Treasure Coast Newspapers via Naples Daily News
  • Commentary: Money is following for-profit schools, not students. Proposed constitutional amendments likely in 2018 will be designed to “give Republicans a free hand to privatize our public schools, increase public school tax funds going to for-profit charter corporations, legalize vouchers, and continue to siphon funds out of public school districts coffers.” Mark J. Castellano, President - Teachers Association of Lee County, News-Press

Election news

2018 Race for Governor 

  • Nine Republicans, 5 Democrats, 2 NPA, 1 LPF and 1 CPF have filed to run for governor in 2018. Florida Dept of State
  • Contributions totaling $6 million have been reported to date. Topping the list are Republicans Adam Putnam ($2.3 million) and Democrats Chris King ($1.7 million) and Gwen Graham ($1.1 million). Florida Dept of State
  • Florida Insider Poll: Who is the true conservative in the mix for governor? The “clear winner,” with 41 percent, was U.S. Rep. Ron DeSantis, followed by Florida House Speaker Richard Corcoran, with 29 percent, Agriculture Commissioner Adam Putnam with 24 percent and state Sen. Jack Latvala with 6 percent. Tampa Bay Times

2018 Race for Agriculture Commissioner

  •  Four Republicans and 2 Democrats have filed to run for agriculture commissioner in 2018. Florida Dept of State
  • Contributions totaling $4 million have been reported so far by the six candidates. Republican former state Rep. Baxter Griffin Troutman reported a personal contribution $2.5 million, far surpassing all others. Florida Dept of State
  • Matt Caldwell, Denise Grimsley square off for Florida’s agriculture commissioner. Both top Republicans with Lee County ties, they are among those running in what “promises to be the first competitive GOP primary in 25 years” for Florida’s agriculture commissioner. And there is already a flood of contributions from special interests. Naples Daily News

Stay tuned for my next post, where I’ll report on August’s top local government and school district news.

Help me reach more Collier County voters by sharing this post with your friends. You and they can read Sparker’s Soapbox online at or subscribe to posts by email at

News happens daily! Stay current with Sparker’s Soapbox on Facebook at or follow me on Twitter @SparkersSoapbox.

Wednesday, August 2, 2017

July 2017 Month in Review - Local News

Last month, Collier County Commissioners and staff continued to discuss how to address competing needs to pay for new growth as well as improvements to existing aging infrastructure. The Naples City Council also considered growth-related issues in July. The Collier County School Board approved the District’s tentative FY 2018 budget and adopted 2018 legislative priorities, and the District introduced new and exciting opportunities for students.

Top stories: Collier County

  • Collier ponders how to tax for roads, affordable housing, land conservation to wipe out a backlog of almost $50 million. Read more at
    • Related: Sales tax hike considered in Collier County. A one percent tax would generate about $70 million a year, according to Commissioner Burt Saunders. Read more at
  • Collier backs down on tax increase to conserve land after “strong opposition” from local real estate agents, Republican committee members and state representatives.  It will instead ask voters in a 2018 referendum whether they want to bring back a special tax to fund Conservation Collier to buy and convert preserve land. Read more at
  • Changes coming to Immokalee impact fees. Collier Commissioners approved a measure that will allow developers and future property owners in Immokalee to pay impact fees over 10, 20, or even 30 years rather than upfront. Read more at
  • Four sites owned by Collier County could be used for affordable housing. A decision on which, if any, of the lots to offer to developers will be made in September. Map here. Read more at
  • Collier looks to density to encourage more self-contained villages in the 77,000 acres immediately east of Collier Boulevard and north and south of Golden Gate Estates where planners expect a large part of the county’s projected population boom. Read more at
  • Collier approves closer-together high-rises near North Naples beach despite outcry from neighbors. Commissioners decided developers were following the code as it was written. Read more at
  • Estero the latest to bail on SWFL Regional Planning Council.. First Sarasota County, then Lee and Charlotte Counties left. And with Collier “on the brink of an exit,” the body is now starting to lose municipal members as well. Read more at
    • Related: Collier weighs halt in funding of Regional Planning Council; Immokalee’s “Promise Zone” funding might be at risk. Read more at
  • Collier County bans medical marijuana dispensaries, for now. Commissioners voted 4–1 to keep the dispensaries from opening until at least Dec. 31 so they can lobby state lawmakers for more control over the number of dispensaries that could open. Read more at
  • Work begins to keep Clam Pass in North Naples clear of sand for the third time in four years, just a year after a major dredging project. Read more at
  • Clam Bay manatee speed zone challenge set for September hearing in Tallahassee. The matter is the latest in a “long-standing feud” between Pelican Bay and the Seagate community over boating in Clam Bay. Read more at

Top editorials and commentaries: Collier County

  • Editorial: local sales tax - worth examining pluses, drawbacks.The County has much catching up to do on recession-delayed roads, bridges, parks and other infrastructure to manage both current and future growth. The question is how to pay for them. Read more at
    • Related Commentary: Sales tax possible way to pay for Collier projects. “We applaud” commissioners’ decision to determine where the “unmet critical capital needs” are, prioritize, and consider how to best fund them. By Michael Dalby, President and CEO - Greater Naples Chamber of Commerce, at
    • Related Commentary: Tax increase discussions - enough already? People prioritize their needs and live within a budget. Counties should, too. By Janet Vasey, at
  • Commentary: Eye-popping number of high-end homes anchor Collier’s tax base, meaning the well-off pay a larger share of the cost of running county government and schools. By Brent Batten, at
  • Commentary: Ready, willing to remit bed taxes to Collier County. But “turning over personal identifiable information — including names and addresses — of our local hosts” to the County is “something we cannot do.” By Tom Martinelli, Policy Director, Airbnb Florida, at
    • Related Commentary: Home rentals a money vs. neighborhood issue. Very short-term, even daily, rentals in our residential neighborhoods “don’t belong” in our community. Read more from Bill Barnett, Mayor - Naples at
  • Commentary: North Collier, Immokalee fire discuss expanding “already successful” interlocal agreements to bolster efficiency. By Norman Feder, Chairman - North Collier Fire Control and Rescue District board of commissioners at
  • Commentary: How will ocean rise affect Collier County? There will be some inland flooding by 2050, and by 2100 many cities could be swamped. The timing is uncertain, but the end result is not. Read more from Linda Penniman, Vice Mayor - Naples, and Dave Trecker, vice chairman - Collier Citizens Council, at

Top stories: City of Naples

  • Plans show massive condo complex at former Naples Daily News site on Central Avenue. The project benefits from density bonuses approved by the Naples City Council. Read more at
  • Lawsuit charges Naples ignored precedent in denying redevelopment request. Developer wants to tear down and rebuild a single-family house at his property in Old Naples. Read more at
  • Naples officials considering no-boating zone near Lowdermilk Park. The proposal would exclude boating and personal watercraft within 500 feet of Lowdermilk’s coast at the beach end of Banyan Boulevard. Read more at

Top stories and editorials: Collier County Public Schools

  • School Board approves tentative $1 billion budget and a property tax millage rate of $5.1220 per $1,000, down from $5.234 per $1,000 this year. With increased property values, the lower millage rate will result in a 2 percent increase in dollars collected. The vote was 4–1. The board will vote again in September on a final budget, but the property tax rate is final. Read more at
  • Collier School Board adopts 2018 state legislative priorities. They include more time to implement new mandates, funding for major changes, and reduced testing. The 2018 legislative session begins in January. Read more at
  • Collier district expands Cambridge Programs to gifted and high-achieving elementary students. The district now offers the “rigorous curriculum aimed at developing critical thinking and skills fostering collaboration” in grades three through high school. It plans to expand it to kindergarten, first and second grades next year. Read more at
  • 14 Collier high school students attend National Flight Academy in Pensacola through a student enrichment program of the NAACP of Collier County in collaboration with School District. Read more at
  • Editorial: Collaboration makes Collier ready for children’s future. Behind-the-scenes over the past two years, a “blossoming network” called Future Ready Collier has drawn together about 40 organizations and public agencies to address two goals: to ensure all children are ready for kindergarten, and to make sure those finishing school will graduate on track to earn a degree or credential for employment. Read more at
  • Editorial: Local success a plus, state a minus for education in ’17. Kudos have come nonstop for Collier County Public Schools. Read more at

Election news

  • Roy Terry seeks re-election to Collier School Board District 5. Read more at
  • Also filed to run for election in 2018, according to the Collier Supervisor of Elections website:
    • Kathy Ryan - for School Board District 3
    • Andy Solis (REP) - for reelection to Board of County Commissioners District 2
    • Cecil G. Jorgensen (REP) - for Board of County Commissioners District 4
    • Candidates for County Judge Groups 1, 2 and 6
    • Candidates for Greater Naples Fire District Seats 3 and 4
  • 2018 Naples City Council candidates, according to Naples City Clerk website:
    • James Moon
    • Mitchell Norgart
    • Wynn Phillips

News happens daily! Stay current with Sparker’s Soapbox on Facebook at

Help me reach more Collier County voters by sharing this post with your friends. You and they can read Sparker’s Soapbox online at, subscribe to posts by email at, “like” Sparker’s Soapbox on Facebook at or follow me on Twitter @SparkersSoapbox.

Monday, July 31, 2017

July 2017 Month in Review - State News

With Florida’s 2017 legislative session fading into the distance and the 2018 election season getting underway, July’s top state government stories touch on the past, present and future, and include several pending lawsuits of interest.

Top stories

  • Florida mandate that school districts share capital revenues with charter schools is "credit negative," says ratings agency Moody's. The mandate marks the third effective reduction in the capital millage rate since 2008 and continued charter growth under the new formula will increasingly pressure traditional schools’ capital budgets. Read more from Moody's Investors Service via
    • Related: Schools of Hope will hurt classrooms. School superintendents from across the state railed against Florida's new 'Schools of Hope' charter school program during a state Board of Education meeting. Read more at
    • Related: Lee Schools join HB 7069 lawsuit; no decision from Collier. School boards of Bay and Volusia Counties also voted in favor of legal action. Collier board chair Roy Terry said the issue deserves further board discussion before a decision is made. Read more from
    • Related: Will Florida lawmakers punish school board members for challenging HB 7069? No one has issued any threat. But "if history serves as a guide, that direction is not out of the question." Read more at
  • Appeals court hears arguments in lawsuit over Florida’s public education system. The Florida Constitution requires the state to provide “a uniform, efficient, safe, secure, and high-quality system of free public schools” — but is that general standard something that can be measured? Read more at
  • Gov. Rick Scott’s ability to reshape Florida’s Supreme Court could depend on Monday or Tuesday. Three justices – who are scheduled to retire because they have reached the mandatory retirement age of 70 – face six-year terms that expire “at the end of the first Monday in January,” the governor argues. Read more at
    • Related: Florida Gov. asks court to throw out lawsuit over justices filed last month by the League of Women Voters’ Florida branch and government watchdog Common Cause. Read more at See also my July 26 Sparker’s Soapbox post.
  • State gets 60 more days to prove need for 24-hour abortion waiting period. The law, enacted in 2015, has been blocked so far in a two-year legal battle. In granting the extra time, Leon County Circuit Court Judge Terry Lewis "voiced skepticism" and indicated he might ultimately rule in favor of a request to declare outright that the mandatory waiting period is unconstitutional. Read more at
    • Related: Florida’s cost for losing lawsuits keeps growing. Between 2011 and early 2017, Florida spent more than $237 million on outside lawyers hired to defend the state. Gov. Scott recently agreed to pay $1.1 million to cover the legal bills of physicians and medical organizations who successfully challenged a law that restricted doctors’ ability to talk to patients about guns. Read more at
  • Florida Secretary of State Ken Detzner handed over voter roll data to President Donald Trump’s election integrity commission after a federal judge in Washington, D.C., rejected a request to block data collection around the country. The commission had asked for additional information, but Detzner only provided what was allowed under state public records and voting laws. Read more at
  • Constitutional review panel announces committee assignments. The commission is empaneled every 20 years to go over the state constitution and suggest amendments that go directly on a statewide ballot. Collier school board vice chair Erika Donalds was named to chair the panel’s Local Government Committee and to serve on its Declaration of Rights, Education, and Rules and Administration Committees. Read more at See the Florida Constitution Revision Commission website here.
    • Related: Rick Scott names Tom Grady to constitutional review panel. In picking Grady, a Naples attorney and friend of Scott’s, the governor passed over the three alternates he previously selected to fill an empty seat on the commission. Read more at  
  • A reliable Rick Scott ally, Pete Antonacci, named CEO of Enterprise Florida after less than two "turbulent years" as executive director of the South Florida Water Management District. Read more at See the Enterprise Florida website here.
  • State law requires detailed financial disclosures from people holding offices specified in the state Constitution, including state lawmakers, county commissioners and independently elected heads of county agencies. View 2016 disclosure forms at the Florida Department of Ethics website here.
  • Push to restore Florida felon voting rights gains steam, but obstacles remain. About 700,000 more signatures are needed by Feb. 1 to get the amendment on the ballot next year – and even then, it still needs more than 60 percent of the vote to become law. Florida is one of just four states to permanently bar felons from voting, even after they’ve served their sentences and probation. Read more at See the Florida Rights Restoration Coalition website here.

Top editorials

  • Tallahassee overreach on district capital tax dollars for charter schools. In a hurricane-susceptible state — and in a county like Collier where schools are the primary choice for evacuation shelters — "we consider it a miss" that omnibus education HB 7069 didn’t include any structural requirements for spending of those taxpayer capital dollars. Read more at
  • Florida’s micromanaging of public schools. "One of the most deceptive" bills signed by the Governor, dubbed a religious liberties bill by its supporters, will "muddy the waters in Florida schools and inevitably face constitutional challenges." Read more at
  • Public safety: progress but more to do. Crime is down; emergency response capabilities increased. But "more should be done" by our elected officials to address mental health and substance abuse challenges and reduce highway fatalities. Read more at
  • Sunshine scorecard a dark report for state, local lawmakers. Two Naples legislators, Reps. Byron Donalds and Bob Rommel, each had an "embarrassing" F-. Donalds lost points because he sponsored two potentially disastrous bills on open government. Both bills failed. Read more at View Sunshine Scorecard here.

Election news

2018 Race for Governor - Republican Primary

  • Leading GOP contender Adam Putnam supports allowing guns on college campuses and letting residents carry guns out in the open. Current Agriculture Commissioner Putnam, who oversees the office that processes concealed weapons permits, said there should be fewer “gun free zones” in the state. He would not say if he would repeal the ban on guns in stadiums. Read more at
  • Ron DeSantis and Richard Corcoran on collision course, "trying to get to frontrunner Putnam’s ideological right."  Even though Jack Latvala‘s rumored entry into the race could complicate things, the electorate may not be big enough for both of them to slug it out and still succeed against Putnam. Read more at
  • Here’s the path to a Gov. Latvala. In a four-person race, it takes only 30 percent to win the nomination. When three of the four are likely to be fighting it out over "who is the purest hard-right conservative," and the fourth is "a political giant in the biggest battleground region" of Florida, the Clearwater Republican no longer looks like a long shot. Read more at
  • June had three $2 million men. But it was Putnam whose fundraising "left no doubt" that he is the candidate of the Tallahassee establishment. Read more at

2018 Race for Governor - Democratic Primary

  • The daughter of former Florida Sen. Bob Graham is now the clear frontrunner for the Democratic gubernatorial nomination, with Tallahassee Mayor Andrew Gillum "badly damaged" by an FBI investigation at his city hall. Read more at
    • Related: Gwen Graham now taking on Adam Putnam over drilling, calling out the Republican candidate for not opposing President Donald Trump‘s efforts “to expand drilling off Florida’s beaches.” Read more at
  • Philip Levine’s political committee raises $4 million for gubernatorial bid. Sending a message that he could be the Democratic gubernatorial candidate "best-equipped to compete financially" with the GOP nominee, Levine says he has considerably more than already-announced candidates. Read more at
  • Florida Democratic party raised more money than GOP. In the three months ending June 30, the Florida Democratic Party raised $1.67 million, and the Republican Party of Florida raised $339,000. "That’s what happens when Gov. Rick Scott and the leading GOP candidate for governor in 2018, Adam Putnam, are busy filling their own campaign accounts instead of the party’s." Read more at

2018 Race for Congress representing Collier County  

  • Money pouring in for Florida’s Congress members in tough districts. Republican Francis Rooney of Naples, in the 19th, raised $89,981, spent $57,435, and finished with $305,685. Republican Mario Diaz-Balart of Miami, in the 25th that includes easter Collier County, raised $296,319, spent $81,541, and finished with $748,837. Read more at
  • U.S. Rep. Rooney launches re-election campaign, answers questions about business ties. Having distanced himself from the management of his businesses, Rooney said he can focus on what’s important to the residents of congressional District 19, including “getting money for the Everglades, fighting ISIS and defending conservative principles." Read more at
  • Naples Democrat David Holden says he’ll run for Congress next year, challenging Republican incumbent Francis Rooney. A financial adviser through Wells Fargo, Holden has a degree from Harvard and "a record of helping flip a few New York city council seats from red to blue." Read more at

See all candidates who have filed to-date with the State Division of Elections for state offices here. See all candidates who have filed to-date for county and local offices here.

Stay tuned for my next post, where I’ll report on July’s top county and local government news.

Wednesday, July 26, 2017

Florida League of Women Voters and Common Cause sue Rick Scott

The Florida League of Women Voters and Common Cause are suing Governor Rick Scott in the state Supreme Court to stop ”midnight appointments” of three justices to that Court. The suit was filed last month, following Scott’s statement in December that "I'll appoint three … justices the morning I finish my term.”

He was referring to the fact that three of Florida’s seven Supreme Court justices — R. Fred Lewis, Barbara Pariente and Peggy Quince — face mandatory retirement on January 8, 2019, which will be Scott’s last day as governor.

An important constitutional question 

The civic groups want “final resolution” of a constitutional question that “has plagued the State for decades”: Who gets to appoint the new judge or justice when a seat opens on a Florida appellate court due to an expired term coinciding with the election of a new governor: the outgoing governor or the newly elected governor?

“The biggest impact any president can have on American society and on the American economy is who’s on [the Supreme Court],” former House Speaker John Boehner said. The same can be said about the impact of a governor at the state level.

In their petition, the groups warn that:
The importance of deciding this issue before Governor Scott attempts to make the subject appointments cannot be overstated. Not only would that invite a constitutional crisis, especially if his successor makes different appointments, but it would disrupt the functioning of this Court and any district court on which a similar vacancy might arise….
They urge the Supreme Court to hear the case itself, and not send it to the lower courts to decide. Although the 2018 election is "over a year away, there is simply not time" for the case to wind its way through the court system to reach final resolution.

Some history

Three decades ago, two Florida Supreme Court Justices faced mandatory retirement when their terms expired January 6, 1987. Then outgoing Governor Democrat Bob Graham announced that he would leave office on January 3, 1987, a few days before the end of this term, to be sworn in to the U.S. Senate.

According to a news piece at the time:
“Whether Graham or Gov.-elect Bob Martinez will appoint the new justices depends on whether the justices retire before Graham leaves office…. If [they retire] in December, Graham could appoint their successors, and the justices would receive about $3,500 in retirement benefits for January. But if they wait until Jan. 6 to retire, they will lose that month's benefits and Martinez will make the appointments.
It was reported later that, after consulting with one of his lawyers, Graham decided not to attempt to fill the positions himself in the weeks before he left office. Both justices stayed on through January 6, and incoming governor Martinez, a Republican, appointed their replacements.

A similar situation arose four years later. Governor Martinez had been defeated for reelection by Democrat Lawton Chiles, and one Florida Supreme Court Justice had reached mandatory retirement age. From a piece at the time:
Both Bob Martinez and Lawton Chiles think they should decide who fills a vacancy on the state Supreme Court that will occur just hours before Chiles replaces Martinez as governor. … Chiles said he thought he should make the appointment, citing the fact that four years ago Martinez, then an incoming governor, made two appointments to the bench.
Avoiding a confrontation with his successor, Martinez informed Chiles by letter that “My deep respect for the institution of the office of governor and for the precedent established by Gov. Bob Graham has led me to the determination that I will not name a successor ….”

Eight years later, both outgoing governor Chiles and incoming governor Jeb Bush, a Republican, wanted to replace a retiring justice whose last day in office would be Bush’s first.

In what was referred to as “an unusual act of job sharing,” Chiles and Bush agreed to separately interview four finalists and then see if they could agree. It was understood that whoever they picked could sway the court’s opinion on everything from property rights and abortion to the death penalty. "Both Gov. Chiles and Bush want this to be a very smooth transition and this is one way it could be," a spokesperson said at the time. They jointly named Peggy Quince, a Democrat.

All three justices Scott said he plans to replace were appointed by Democrat Chiles. The four who will remain in office were appointed by Republicans.
Current Justices of the Florida Supreme Court

More recent history

In 2014, Amendment 3 - Prospective Judicial Vacancies came before Florida voters. Put forward by the Republican-controlled legislature, it would have allowed the governor to "prospectively" fill a vacancy, meaning that the governor would have not needed to wait until a judge completes his or her term to pick a successor in situations where a judge reaches the mandatory judicial retirement age of 70, fails to qualify for a retention election, or fails to be retained through election.

Opposing Amendment 3 in a October 2014 editorial titled Reject Partisan Politics in Judiciary, former Florida Supreme Court Justice Harry Lee Anstead wrote:
The three anticipated Supreme Court vacancies specifically targeted by the amendment occur in four years and at the same time the term of an outgoing governor expires. Of course, appointments cannot be made until a position is vacant, hence the authority to appoint a replacement will belong to an incoming governor, and not the governor whose term has ended….   
The scheme proposed in Amendment 3 gives a departing governor the power to tip the scales of justice for partisan reasons on the way out the door — with impunity.  And, therein lies the easily identified real intent of this amendment. Partisan advocates, frustrated by the public's rejection of their effort to remove these same three Florida justices in their retention elections in 2012, have audaciously found a new scheme to achieve their goals of stacking the court politically.   
It is a one-time gamble and a shortsighted strategy on multiple levels. First, it presumes Gov. Rick Scott is re-elected so he can make the appointments at the end of his second term. More importantly it cynically ignores the possibility that an informed Florida public will reject this blatant bid to politicize the judiciary. Floridians across the political spectrum have consistently agreed … on the importance of keeping partisan politics out of our courts. Voters have a chance to send that important message again this November, by voting NO on Amendment 3.
Amendment 3 failed, gaining just 48 percent voter approval, well short of the 60 percent needed to become law.

Now we have context

We now have context for Gov. Scott’s statement last December that he would appoint three more justices the morning of his last day in office. In the words of a recent Palm Beach Post Editorial:
This opportunity to flout the will of the voters is nothing more than a power grab. Actually, this could be the power grab to end all power grabs, as the last bastion of true partisan independence in state government would certainly be less so.
The need for the League of Women Voters/Common Cause lawsuit is clear. And as they argue in their petition, it should be decided quickly to clarify for voters and potential candidates what's at stake in the 2018 gubernatorial election. Will the to-be-elected governor choose the next three Supreme Court justices, or will Rick Scott?

The Governor’s response

This week Governor Scott asked the Court to reject the group’s petition. His response argues that the group has no right to sue before he actually takes an action that can be challenged, and that absent such act, there is no “constitutional crisis.” And if the petition is not dismissed on those grounds, Scott argues, it should be denied on its merits, because the judicial term expires before the incoming governor takes the oath of office.

Politics in the judicial branch

Political influences are a constant challenge to the independence of the courts and their ability to act as a check and balance, according to a report by the Florida Access to Justice Project. It's worth reading.

For example, a bill (HJR 121) was introduced in the most recent legislative session that would have put a constitutional amendment on the 2018 ballot to allow the Legislature to override state court decisions with a two-thirds vote. Fortunately, it died in committee.

What’s next?

The case is now before the three justices who are leaving and their four colleagues. They must decide who gets to name the successors.

Governor Scott should “acknowledge that the current Supreme Court can be trusted to render a fair decision," says a Daytona Beach News-Journal editorial:
With four justices appointed by Republicans (including Scott’s well-received recent pick, Justice Alan Lawson) and three by Democrats, the court is balanced, and justices have shown a pattern of open, thoughtful deliberation and unanimity that should bolster the confidence of the governor — and Floridians…. 
The governor should support the League of Women Voters’ call for a swift resolution, make his best case to the Supreme Court — then abide by its decision.
Hopefully that’s what will happen — and soon, before the 2018 governor's race really gets underway and the issue becomes even more political.

I appreciate the Florida League of Women Voters and Common Cause for taking up this important fight. For more information and to support them, visit and


Help me reach more Collier County voters by sharing this post with your friends. You and they can read Sparker's Soapbox online at, subscribe to posts by email at, "like" Sparker's Soapbox on Facebook at or follow me on Twitter @SparkersSoapbox.

Thursday, July 6, 2017

June 2017 Month in Review - Local News

An improving economy and continued growth have created both the need and the opportunity for major infrastructure projects in our community. Last month, elected officials began discussing several upcoming decisions with long-term implications. They will be deciding not only what to do, but also how to pay for it all. Wherever you are for the summer, now’s the time to consider how these upcoming decisions will affect you and let your voice be heard.

Here is Part 2 of my Month in Review, highlighting top stories, editorials, and commentaries about Collier County, the City of Naples, and the Collier County School Board. For highlights of news from the state capital, see Part 1 of June in Review here.

Top stories: Collier County
  • County official says Collier planning well for growth. In the year ending June 30, 2016, the population of the Naples-Immokalee-Marco Island area grew 2.4 percent to 365,136. By 2040 the county's population is expected to reach more than 482,000. (NDN, 6/14/17)
  • Property values set Collier County record in 2016. Taxable value is a key input to the County Budget, which will be discussed by the board in September. (NDN,  6/12/17)
  • County weighs property tax increase, land conservation, backlog of projects. Commissioners gave their preliminary approval to raise the tax to bring back Conservation Collier in a 3-2 vote early this year, with Bill McDaniel and Andy Solis dissenting. Now that they are looking at hard numbers of next year's budget, they will have to vote again. (NDN, 6/15/17)
  • Trial sales tax balloon being floated around Collier County as a new funding source for roads, affordable housing, and environmental preservation. If a majority of commissioners agree, the tax could be on the ballot in November 2018 for voter approval. (NDN, 6/27/17)
  • Collier commissioners vote unanimously to raise bed tax from 4 to 5 percent, approve stadium and sports complex. The complex will cost $60 to $80 million and be paid for by issuing about $55 million of debt, using some of the tax increase to pay interest, using county general funds, and selling naming rights on the facility. (NDN, 6/13/17; Naples Herald, 6/14/17)
  • Commissioner seeks fee change to spur growth. Bill McDaniel is spearheading a pilot program that would allow impact fees to be spread over a decades-long period. The program could be rolled out county-wide if it goes well in an initial test area in a section of Immokalee. (WINK News, 6/29/17)
  • Commissioners agree to widen beaches, cap museum funding. The county will spend $2.5 million more a year to widen beaches and better protect them from erosion. About $1.5 million will come from the increased bed tax, leaving a funding gap partially made up by capping museum funding at $2 million, which is $500,000 below the current level. (Naples Herald, 6/27/17; NDN, 6/28/17)
  • Pine Ridge Road could see reconstruction to reduce congestion. The intersection at Livingston Road, just west of I-75, is the primary identified trouble spot. County officials say more than 55,000 cars a day flow through it as of 2016 and more than 75,000 are projected by 2040. (NDN, 6/8/17; Naples Herald, 6/15/17; )
  • County to build new ambulance station to keep up with growth along Collier Blvd. Commissioners set aside $2 million for it in a tentative budget to be finalized in September. The station will be large enough to fit a fire engine, should the Greater Naples Fire District decide to join the county at the site. (NDN, 6/24/17)
  • Commissioner Andy Solis brings community mental health program advocates together to talk strategy, need for aid. Seeks local plan to address the widespread mental health and substance abuse crisis facing the County. (NDN, 6/7/17)
  • County libraries to get more books, still far short. The increase in the Collier County budget would give county libraries a total of just over $1 million for books next year, which is still half of the $2 million-plus a year the county spent on books before 2008. (NDN, 6/25/17)

Top stories: City of Naples
  • Naples panel urges OK of $15 million 350-space parking garage at Fourth Avenue South and Fourth Street South. The City Council will consider the project for final approval in August. (NDN, 6/27/17)
  • City Council says no to closing Naples Pier at night; closing overnight parking at the Pier’s 12th Avenue South parking lot to be considered. (Naples Herald, 6/15/17; NDN, 6/14/17)
  • Habitat for Humanity plans home rehabbing in Naples' low-income River Park area. Naples City Council has signaled support for subsidizing the effort with revenue from the city’s Community Redevelopment Agency. (NDN, 6/25/17)
  • Three candidates file to run for Naples City Council seats in 2018: Jim Moon, a Naples attorney, Wynn Phillips, a former psychologist, and Mitch Norgart, a luxury real estate broker. Councilwoman Linda Penniman says she is running for a second four-year term but has not yet filed. (NDN, 6/24/17)

Top stories: Collier County Public Schools
  • Collier school district ranked fifth in the state by Florida Department of Education, up from 14th last year. It is one of 11 to earn an A rating, of the 67 districts in the state. Superintendent Kamela Patton credited “a focus on progress monitoring and ongoing adjustments to instruction.” (Sparker's Soapbox, 6/29/17; NDN, 6/29/17)
  • Superintendent's contract extended through 2021 by a 3-2 vote by the School board. Members Stephanie Lucarelli and Erick Carter echoed the concerns of many public speakers at the meeting that Patton would be stolen away by another district if her contract was not extended. Members Erika Donalds and Kelly Lichter voted no. (Naples Herald, 6/14/17)
  • School board votes to approve 5 textbooks with a 3-2 vote, unanimously rejects one, after hearing from more than 30 public speakers. The adoption process was contentious for both the board and the public and resulted in a lawsuit against the district. A judge denied the motion, allowing the board to proceed with the vote. (NDN, 6/1/17; NBC-2, 6/1/17)
  • Mason Classical Academy charter school board faces criticism, complaints about management. Just two of the six Mason board members who served during the school’s first academic year remain on the board. (NDN, 6/13/17)

Top editorials and commentaries

  • Editorial: Collier County commissioners are considering steps toward preserving important Southwest Florida sites in perpetuity. While the desirable goal of preservation seems simple, ongoing discussions involving key properties show the complexities involved. (NDN, 6/5/17)
  • Editorial: Collier sports complex could diversify tourism. We applaud the unanimous decisions reached by Collier commissioners and their tourism advisory board to pursue construction of an amateur sports complex. (NDN, 6/18/17)
  • Editorial: Options will abound for Collier tax manna. When there’s more money to spend, the tug-of-war begins among competing interests. We urge public participation in helping define priorities. (NDN, 6/27/17)
  • Editorial: Collier bed tax increase from 4 percent to 5 percent one of several good moves. Also good: changing the allocation of those funds. Beaches first at 42.6 percent; continued museum funding capped at $2 million; cut in tourism promotion avoided; agreeing to bond land purchase for amateur sports complex. (NDN, 6/28/17)
  • Commentary: Ball Fields Built on Sand. A destructive coastal storm, a fall-off in tourist funds, an unexpected call on county reserves. Big plans today — for ball fields and beaches — could end up as projects built on sand. (Dave Trecker, The Resident's Corner, 6/17/17)
  • Commentary: Mental health shortfall a major issue in Collier County. To try to solve the problem by reshuffling what we now have is like rearranging the deck chairs on the Titanic. Innovative planning will be needed, but make no mistake about it, so will additional money. (Jerry Godshaw and Dave Trecker, Members, Community Paramedicine Roundtable, NDN, 6/28/17)

Let your voice be heard.
Take a few minutes to tell your county commissioner (find her/him here) how the upcoming decisions will affect you and how you want them to vote. Reach Naples City Council members here.

In case you missed it, some recent Sparker's Soapbox posts:


Help me reach more Collier County voters by sharing this post with your friends. You and they can read Sparker's Soapbox online at, subscribe to posts by email at, "like" Sparker's Soapbox on Facebook at or follow me on Twitter @SparkersSoapbox.