Florida

Rick Scott’s toxic legacy

From gun deregulation to education cuts, the laws enacted under the GOP governor will haunt Florida for years

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Rick Scott's toxic legacy Florida Gov. Rick Scott (Credit: AP/Chris O'Meara)
This article originally appeared on AlterNet.

While millions of residents and visitors are working on their tans, shady politics are prospering in the Sunshine State. What residents are now learning is that the negative impact of the work of the Republican-dominated Legislature and Republican Gov. Rick Scott will haunt them for years to come.

AlterNetMost of the new measures were approved over the past 12 months, but as we are all learning, seven-year-old legislation is causing excessive pain, heartbreak and anger in 2012.

1. Stand Your Ground

Florida’s so-called “Stand Your Ground” statute was passed in 2005 with bipartisan support. The measure, signed by then-Gov. Jeb Bush, was pushed by gun rights activists and makes it clear people can use deadly force when they fear their lives are in imminent peril of death or great bodily harm, even if they are not at home. Supporters of the law say it has reduced criminal activity, although it could stand some changes. Opponents want the law thrown out entirely. And Jeb Bush now says the law does not apply in the shooting death of Trayvon Martin on Feb. 26 in Sanford.

“Stand your ground doesn’t mean chase after somebody who’s turned their back,” Bush said at a University of Texas at Arlington forum a month after the incident. The 17-year-old Martin was killed by a neighborhood watch volunteer during a scuffle. Despite calls for justice from Martin’s family and nationwide protests over the shooting, local police and prosecutors cited “Stand Your Ground” in initially deciding not to charge volunteer George Zimmerman. A state investigator has ruled Zimmerman can’t be charged with first-degree murder.

On Wednesday, however, a special state prosecutor announced that Zimmerman would be charged with second-degree murder and was in police custody. The state’s prosecutor said police investigators needed to take the time necessary to establish probable cause and decried the publicity surrounding it, saying it could prevent selecting an unbiased jury. However, without the national outcry, it is questionable whether any charges would have been forthcoming.

And Florida has buckled under more recent pressure from the National Rifle Association. An editorial in the Tampa Bay Times says “Florida leads the pack in passing bills written by the gun lobby that block any sensible attempt to control the purchase and use of firearms.” Weapons opponents say Florida is now the “Gunshine State.”

2. The Gunshine State

Right-wing Republicans approved a bill in October 2011 that declared that the Legislature “is occupying the whole field of regulation of firearms and ammunition … to the exclusion of all existing and future county, city, town or municipal ordinances.” Anti-gun forces and local officials were outraged. One effect of the law is that Tampa city officials cannot ban handguns near the site of this summer’s Republican National Convention. If the city council did so, it would face a state fine of $100,000 for interfering with the statute. So while the city council is banning hatchets, knives, pepper spray, chains and water guns during the GOP gathering, anybody can carry a gun near the convention unimpeded.

Another provision of the law is truly frightening. It makes it easier for anyone to bring a concealed weapon into the state government complex in Tallahassee. No longer can police ask people to check their weapons before entering the state capitol itself. Adding insult to injury, many lawmakers spent taxpayer money to install emergency alert buttons on their phones, just in case someone starts shooting. But as one Democratic senator notes, panic buttons won’t be much good if someone charges into a government office with guns blazing. The Florida Department of Law Enforcement says violent crime has fallen statewide, but gun-related deaths increased 35 percent from 1999 to 2009. And here’s something that really worries gun opponents: In a state with 19 million residents, there are 6 million gun owners, almost a million of whom can now carry concealed weapons.

3. Resurrecting Jim Crow

A year ago, Republicans crammed another right-wing manifesto down the throats of Floridians. HB 1355 was called an omnibus elections bill. Those against the measure call it a rollback of voting rights that will hit minorities and others especially hard and could impact 2012 election outcomes. They say many of the state’s 11 million registered voters won’t get to cast ballots in future elections. “It undercuts democracy,” says Denise Velazquez of the group State Voices Florida 501C3 Civic Engagement Table.

She finds one part of the law “most offensive.” It places severe restrictions on third-party groups registering new voters and says it’s likely to have an overwhelmingly negative effect on blacks and Hispanics across the state. Velazquez calls the law a “silent understanding to disenfranchise voters.” Another provision aimed at restricting voters’ freedoms compresses the time for early voting to just eight days.

But in acting to reduce voting rights, the Republicans didn’t just penalize minorities. In March 2011, Gov. Scott scaled back the right to vote for thousands of people with criminal records. In many cases, they have to wait up to five years before being allowed to reregister to cast ballots. A state with a lengthy and hateful record of voter discrimination seems to be carrying on that nasty tradition even today.

4. Who Needs Public Schools?

The Republican establishment in Tallahassee continues to cut the state’s commitment to education. “Rick Scott and the legislature don’t care about education,” says Susan Smith, president of the Democratic Progressive Caucus of Florida. In 2011, Scott and his cronies removed $1.3 billion in funding for kindergarten through grade 12, resulting in hundreds of teacher layoffs.

“Just horrific,” is how Mario Piscatella of the group MPA Political describes the cuts. “They’re undermining our education system.” And Piscatella criticizes another Republican initiative. Rather than funding colleges adequately, he says the state voted to build a 14th state university, which seems to him an utter waste of tax dollars. “Scott talks about bringing in new jobs and companies to Florida, but that won’t happen with poorly educated kids,” Piscatella adds.

Others note the budget cut for education was so steep that the governor’s popularity plummeted. So in the 2012 state budget, Scott added $1 billion for schools. He’s been touring the Sunshine State, telling students how the new money will help them learn and find good jobs. Many call it sheer hypocrisy intended to get voters to support Republicans running for reelection to the legislature this fall. Scott does not run again until 2014.

5. Limiting Car Insurance Claims and Payments

Earlier this year, the state legislature approved a measure Scott and his Republican cohorts call motor vehicle insurance reform. Supporters say it’s meant to stop fraud by unscrupulous drivers. Opponents label it anti-consumer, pro-industry legislation. The measure is so controversial that eight Republican senators voted against it, although it managed to squeak through the upper chamber by one vote. The new law is set to take effect on Jan. 1, 2013. It deals with PIP insurance, personal injury protection.

PIP is mandatory for all Florida drivers. It covers medical bills and lost wages resulting from motor vehicle accidents. Florida is a no-fault state, so benefits are paid by drivers’ insurance firms, regardless of who is at fault in an accident. At present, PIP pays 80 percent of medical bills and 60 percent of lost wages, up to $10,000 after a deductible. Republican state Sen. Ellyn Bogdanoff is one sponsor of the new measure. “We see scams in many forms, including staged car wrecks or bogus medical claims,” she says. “Floridians should not be forced to pay higher premiums due to these unscrupulous individuals taking advantage of no-fault auto coverage.”

But others see it as purely pro-business. “The new law is very arbitrary,” says Miami-based attorney Jeffrey Gale. He says it forces accident victims to seek medical attention within 14 days. If they don’t, Gale says PIP won’t pay. And he notes that, unless the victim gets emergency medical treatment, PIP payments are reduced to $2,500. “It’s taking the decision on a person’s need for medical care out of the hands of a doctor and putting it in the hands of insurance companies,” Gale adds.

The bill was a pet project of Scott, who, before becoming chief executive of the state, was the chief executive of a large group of hospitals across Florida. Republicans predict that insurance rates will go down over time. But the new law does not force companies to reduce insurance premiums for Florida consumers. Some doubt premiums will come down, and they predict the companies will just make more money.

“Profits over people,” concludes attorney Jeffrey Gale. The Miami lawyer says the new law may actually bring him higher fees in some medical lawsuits, but he still opposes it, because it is anti-resident and pro-business. And he says the new PIP plan is still not the best way to deal with accident insurance. What Florida needs to do, he says, “is to abolish PIP and institute mandatory bodily injury coverage.”

The Sunshine State is one of the few that does not have it, he said, “and it’s just ripe for abuse.” Gale is quick to hurl epithets at the governor and his legislative cohorts. “These changes do not come about by chance but are the result of real decisions by real people, and the real people making these decisions favor big business over people,” he said.

6. Florida’s GOP War on Women

The Republican right-wing express was less successful in one area, but the legislature tried very hard to reduce the rights of women. A handful of bills was introduced in the 2012 session that Democrats, and even some Republicans, found so offensive they prevented the measures from being voted on.

The “Florida for Life” Act would have banned all abortions, no exceptions permitted. It stalled in committee. The “Fetal Personhood” bill was also tabled. But one measure was approved by the House and was ultimately blocked by a bipartisan group of Florida senators. SB 290, also known as the Trap bill, was described by critics as an “omnibus antichoice” measure. It would have placed tough restrictions on abortion clinics and providers. It would have mandated that abortion clinics be owned and operated by physicians only. It created a 24-hour waiting period for women seeking the procedure, and it outlawed third-trimester abortions, except if the procedure were necessary to prevent the death of a pregnant woman or cause substantial and irreversible physical impairment.

And the List Goes On

There were other outrageous measures: a bill to gut growth management in the fast-growing state (passed in 2011); an effort to cut the minimum wage by 50 percent for workers who get tips (failed); a plan to steer public money to for-profit charter schools (approved); and legislation to adopt an Arizona-style anti-immigration policy (failed).

There’s every indication Gov. Scott and his right-wing allies will continue the assault on Floridians’ freedoms, assuming the Republicans win reelection this November and retain control of the legislature.

“They didn’t campaign on what they’re actually doing, and they don’t pass sensible legislation,” says Democratic Progressive Caucus president Susan Smith. “They said they would create jobs and improve conditions.” But Smith says they have not done that, and they’ve merely made things much worse. And the damage, in some cases, could last forever.

Mitt’s hopes go to Florida

Forget Des Moines. To win the nomination, Romney needs senior voters in Dade County to blunt Gingrich's surge.

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Mitt's hopes go to FloridaMitt Romney in Florida(Credit: Reinhold Matay)

With the Iowa caucuses less than three weeks away, the narrowed Republican presidential contest between Romney, Newt Gingrich, and the surging Ron Paul remains a muddle.  To lower expectations for his own performance and raise scrutiny on Gingrich, Romney this week began referring to the former speaker as the frontrunner.

National and state polls suggest Gingrich is now in the driver’s seat for the nomination, and as Talking Points Memo’s Eric Kleefeld argues, the primary calendar in January favors Gingrich. Accordingly, some are already comparing Romney to Hillary Clinton in 2008—the inevitable candidate whose candidacy became, in campaign lingo, “evitable.”

But the Romney:Gingrich/Clinton:Obama analogy may be backwards. Romney is the Republican Obama this year—or, if he isn’t, he’d better refashion himself that way, and fast. Those with strong memories know that Obama’s original strategy hinged upon surviving January’s early contests in order to have a chance to defeat Hillary Clinton over the long term, and increasingly it looks like Romney will need to survive January to do the same.

Indeed, Romney’s Monday comments to reporters in New Hampshire suggest he and his campaign are girding for—perhaps now even hoping for—a protracted fight that “could go months and months.” Said Romney: “It’s a very fluid electorate. I think I’ll get the nomination. I can’t predict when. I’ve got—what?—five or six more months to go to make that a reality.”  Romneys’ s wife even go into the act by speculating about delegate math.

To turn a short sprint into a long march, however, Romney may need to do something he came fell just short of accomplishing four years ago in his failed bid to defeat John McCain: Win Florida.

The Republican race of 2012 bears some resemblance to the Democratic race of 2008. To deny Hillary Clinton the momentum necessary for a John Kerry-like run through the 2008 Democratic primary contest, Obama campaign manager David Plouffe knew his candide needed key January wins. Obama got two: He trampled Clinton in Iowa and then, after losing New Hampshire and Nevada, stunted Clinton’s comeback by parlaying massive black support to win South Carolina. Through the first four contests, the two Democrats were tied 2-2. After split results again on Super Tuesday, Obama proceeded to overpower the then-bankrupt Clinton campaign during the three-week, 11-contest stretch in the mid-February that followed. By the time Clinton regained her balance and restocked her coffers, Obama had built his insurmountable delegate lead.

Gingrich’s bubble may burst before the primaries begin. Paul’s clever attack ads have certainly helped to deflate the former Speaker. But if not, Romney may be forced to replicate Obama’s 2008 strategy: Turn January into a split decision—Iowa and South Carolina for Newt, New Hampshire and Florida for Mitt—so the former Massachusetts governor can move the contest into February. The GOP’s 2012 February calendar is lighter than it was for Democrats four years ago, but provides Romney two crucial advantages.

The first is time itself: The longer it takes Gingrich to close the deal, the more likely it is that the former Speaker, through some combination of disorganization, petulance, presumptuousness, or lack of funding, will self-destruct. But second and perhaps more crucially, the 2008 Republican primary results suggest that the 2012 February states should be particularly favorable to Romney. Of the seven states holding caucuses or primaries, in 2008 Romney beat McCain in five of them—Colorado, Maine, Michigan, Minnesota, and Nevada. And one of the two Romney lost was McCain’s home state of Arizona. (The seventh state is Missouri.)

Regional preferences account for some of Romney’s 2008 success in the February 2012 calendar states. He performed best in the Mountain West, while Mike Huckabee fared well in the Deep South and McCain dominated the Rust Belt, Southwest and Pacific coast. But the February calendar also favors Romney because four of the month’s contests are caucuses, and in 2008 Romney excelled in caucuses. In fact, by the end of the 2008 primary season, Romney’s turnout support in caucus states was more than twice McCain’s.

“If Romney needs to make a comeback, it won’t be in South Carolina—too tough for him,” Republican strategist Alex Castellanos told me. “But if he doesn’t come back in Florida, Newt will have too much momentum going into the post-February states. If Mitt can score in Florida, he is in the race. If he doesn’t, it ends early.

But with recent polls showing Gingrich leading there, what will it take for Romney to steal the Sunshine State? The short answer is probably : start pounding the hell out of Gingrich using a sophisticated negative television and radio blitz on the issue of Medicare to win Florida’s pivotal seniors.

In 2008, Florida was Rudy Giuliani’s big-gambit, epic fail state. He banked on doing well with retired snowbirds. Giuliani’s deep and early investments kept the former New York City major atop the polls until January, but by then McCain catapulted ahead of both Romney and Giuliani. Although McCain eventually defeated Romney,  Romney didn’t lose by much statewide, garnering 31 percent to McCain’s 36 percent.

In that primary, a whopping 44 percent of Florida Republican voters were aged 60 or older, and 75 percent were aged 45 and over. (For comparative purposes, in South Carolina—itself a growing magnet for retiring snowbirds—the respective percentages were 39 percent and 67 percent.) According to exit polls, although Romney edged McCain slightly among the 50-64 year old subset, basically Romney won the under-40 vote and McCain won the over-40 vote. If Romney can pair his younger support four years ago with a better performance among Florida seniors this year, he can win Florida on January 31.

And the best way to get the attention of Republican seniors in Florida is to remind them how Gingrich, in the first major policy and political gambit of his speakership, lost the 1995 Medicare fight with Bill Clinton—lost it on policy, lost it politically, and lost it on optics. Indeed, so gleeful was the Clinton’s re-election team to have Newt as their foil, they ran not one but three different “Dole-Gingrich” attack ads against poor Bob Dole in 1996. Forget the marital problems and Tiffany receipts and even his chummy video appearance with Nancy Pelosi: Newt’s biggest electoral liability, in both the primaries and the general election if he is the nominee, is Medicare.

For their part, Florida Republican insiders and political analysts believe the nomination process will continue well past their state’s primary,  the scenario on which Romney is relying.  (President Obama is hoping for a protracted GOP battle, too, albeit for obvious, self-serving reasons.) And if Romney wants to prove that he’s a better, stronger and especially tougher Republican candidate than he was four years ago, he needs to show he can punch above his weight class by picking and winning a political fight in a big, non-Western primary state. “Florida is the test Romney hasn’t had and needs to demonstrate his presidential character,” Castellanos says. “Last cycle, he almost beat McCain in Florida, and if he had he would have won the nomination. This time, it may come down to Florida again.”

Naturally, Mitt Romney would prefer a quick, decisive conquering of the rest of the field by stringing together a non-stop run of victories during January. But given that his persistent 20-25 percent level of support in the national polls, not to mention various state polls showing him presently trailing Gingrich in Iowa, South Carolina and Florida, that’s very unlikely to happen.

Now it is Romney who needs a long, protracted fight. To change the media narrative back to Mitt the Inevitable, he also needs to post some big victories during February, when the calendar is tilted in his favor. And he needs a win to Florida to get there.

 

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Thomas F. Schaller is professor of political science at the University of Maryland, Baltimore County and the author of "Whistling Past Dixie: How Democrats Can Win Without the South." Follow him @schaller67.