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Tallahassee Update - May 2009
TALLAHASSEE UPDATE ARCHIVE - 2009
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Tallahassee Update
May 2009

Politics: Governor Charlie Crist's Announcement Kicks Off the 2010 Election Cycle
On May 12, 2009, Gov. Crist made the expected announcement that in 2010, he will run for the U.S. Senate seat being vacated by Republican Sen. Mel Martinez rather than running for reelection as Florida governor. Gov. Crist's announcement has set off a scramble for several statewide offices. Gov. Crist will be opposed in the Republican primary by former Florida House Speaker Marco Rubio (R-West Miami). Democrats currently running for the Senate seat include U.S. Rep. Kendrick Meek (D-17th Congressional District) and state Sen. Dan Gelber (D-Miami Beach), but Sen. Gelber is widely rumored to be considering a run for state attorney general instead.

A day after Gov. Crist's announcement, State Chief Financial Officer (CFO) Alex Sink announced that she would seek the Democratic nomination for governor, rather than seeking reelection. She is not expected to encounter any strong primary opposition.

On the Republican side, Attorney General Bill McCollum announced his entry into the gubernatorial race on May 18, 2009. According to press reports, the attorney general has the support of Republican Party of Florida Chairman Jim Greer, Lt. Gov. Jeff Kottkamp, and a number of key supporters of Gov. Crist and former Gov. Jeb Bush. Attorney General McCollum served 20 years in the U.S. Congress and lost two races for the U.S. Senate before being elected attorney general in 2006. Agriculture Commissioner Charles H. Bronson, who previously announced that he was considering a run for governor, is expected to declare his intentions later in the week. Term limits prevent Commissioner Bronson, who was first elected agriculture commissioner in 2002, from seeking reelection.

The race to replace Attorney General McCollum has generated a long list of potential candidates from both parties. Republicans being mentioned include: Lt. Gov. Jeff Kottkamp, state Rep. Tom Grady (R-Naples), and George LeMieux, who previously served as chief of staff for Gov. Crist and is currently chairman of the Gunster Yoakley law firm. Potential Democratic candidates include former state Sen. Rod Smith (D-Alachua) and current state Sen. Dave Aronberg (D-Greenacres). State Sen. Dan Gelber (D-Miami Beach) also may be weighing the attorney general's race as an alternative to running for the U.S. Senate.

The office of CFO also is attracting several potential candidates. Among Democrats, state Sen. Ted Deutch (D-Delray Beach) is widely mentioned as a CFO candidate. Senate President Jeff Atwater (R-North Palm Beach) is expected to seek the Republican nomination for CFO. According to press reports, another possible Republican candidate for CFO is Tom Gallagher, who previously served as education commissioner, treasurer/insurance commissioner, and CFO. Mr. Gallagher has won several statewide elections but lost primary races for governor in 1986, 1994, and 2002.

No major Democrats have yet emerged as likely candidates for agriculture commissioner. U.S. Rep. Adam Putnam (R-12th Congressional District) and state Sen. Carey Baker (R-Eustis) are the announced Republican candidates.

Environment: Water District Approves Revised Everglades Land Acquisition Plan
On May 13, 2009, the Governing Board of the South Florida Water Management District (SFWMD) approved a scaled-down plan to acquire Everglades land from the U.S. Sugar Corporation. Under the revised plan, the SFWMD will acquire approximately 73,000 acres south of Lake Okeechobee, with an option to acquire another 107,000 acres when economic and financial conditions improve. The original proposal, announced by Gov. Crist on June 24, 2008, would have provided for state acquisition of the entire corporation, and, under a later version, approved by the SFWMD Governing Board on December 16, 2008, the state would have acquired more than 180,000 acres from U.S. Sugar. The revised plan is an apparent response to financial, legal, and political concerns about the larger land acquisition proposal.

As approved by the SFWMD board, the plan provides that the SFWMD would acquire approximately 33,000 acres of citrus land and 40,000 acres of sugar cane land for $536 million, provided the SFWMD is able to obtain financing. U.S. Sugar would lease the sugar cane land back from the district for at least seven years and would continue to operate its sugar mill and refinery. According to a statement issued by the SFWMD, the revised arrangement maintains 1,700 jobs in the region and sustains agriculture in the area.

State Budget: Budget Bills Reach the Governor's Desk
The state budget for fiscal year 2009 – 2010 and related legislation were among 53 bills that were signed by the presiding officers of the Legislature and presented to Gov. Crist on May 15, 2009. Spending and revenue legislation that reached the governor's desk included SB 2600, the General Appropriations Act; SB 2602, which includes substantive law changes that implement provisions of the General Appropriations Act; SB 1778, which raises fees and fines for drivers and vehicles; and SB 1840, which increases taxes on cigarettes and most other tobacco products. Other bills presented to the governor included HB 903, which restores the attorney fee schedule for workers' compensation cases, and HB 1495, which provides for higher rates for policyholders of Citizens Property Insurance Corp. and revises several other property insurance statutes.

Once a bill has been signed by the presiding officers and presented to the governor, he has 15 days to sign the bill, veto it, or allow it to become law without his signature.

Public Affairs 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
Tallahassee, Florida
850.513.3398
marnie@thegeorgegroup.com

Michael P. Harrell
Tallahassee, Florida
850.513.3373
mharrell@foley.com

Robert H. Hosay
Tallahassee, Florida
850.513.3382
rhosay@foley.com

Jonathan P. Kilman
Orlando, Florida
407.244.3256
jkilman@foley.com

Thomas J. Maida
Tallahassee, Florida
850.513.3377
tmaida@foley.com

Leonard E. Schulte
Tallahassee, Florida
850.513.3380
lschulte@foley.com

Marnie George
106 East College Ave., Suite 900
Tallahassee, FL 32301
(850) 513-3398 office
(850) 561-6475 fax
(850) 510-8866 cell