Government

Democrats Turn to Courts to Halt Florida GOP’s Agenda

Shut out of executive, legislative branches, courts are Dems’ last hope
By: Gray Rohrer | Posted: June 25, 2011 3:55 AM
Don Gaetz, Gov. Rick Scott and Ron MeyerState Sen. Don Gaetz, Gov. Rick Scott and FEA Counsel Ron Meyer

An outsider unaccustomed to the vagaries of the legislative process, Gov. Rick Scott has remarked how difficult it was to move bills through the Legislature.

On the surface, Scott should have found it easy to push his agenda, with a complete Republican Cabinet, a two-thirds Republican Legislature with like-minded leaders. But even after he signs a bill into law or issues an executive order, Scott is still finding roadblocks from opposition groups looking to thwart his policies through lawsuits.

The latest lawsuit came Monday when the Florida Education Association, the state’s largest teachers’ union, filed suit over the pension reform bill Scott signed into law last month. The law requires the 655,000 state workers and other government employee members of the Florida Retirement System, about half of whom are school district employees, to contribute 3 percent of their salaries to their pensions.

Florida is currently the only state in the nation that does not require state workers to contribute to their pensions, but the FEA and two other state worker unions that have intervened in the suit, claim that the new law is not progressive, and that forcing current workers to contribute to their pensions is a breach of their contract and a violation of the state Constitution.

Despite the pushback, Scott is not shying away from defending his policies.

“Asking state employees to pay a small percentage into their pensions is common sense. Floridians who don’t work in government are required to pay into their own retirement. This is about fairness for those who don’t have government jobs. Plus we are ensuring a pension will be there for state employees when they retire. I’m confident this law is good for the people of Florida and will stand up in court,” Scott said.

The law is scheduled to take effect Friday, but the FEA, as part of the suit, has asked the court to put any employee salary contributions after that date into a separate account until the case has been decided. The court will hear initial arguments Thursday.

But the fight over pensions is just the latest lawsuit to be filed in an attempt to block Scott’s agenda.

In March, a blind Miami woman trying to reapply for Food Stamps filed suit against Scott’s executive order halting new rulemaking. Scott’s order was one of his first after taking office in January, and he stated he wanted to review all new regulations to ensure they do not hurt Florida’s economy or don’t weaken its ability to create jobs. A hearing in the case is scheduled Wednesday before the Florida Supreme Court.

The lawsuit was actually the second filed against Scott, as Sens. Thad Altman, R-Viera, and Arthenia Joyner, D-Tampa, filed suit to block his refusal of federal funds for the highly controversial high-speed rail line, which was to stretch from Tampa to Orlando. The Florida Supreme Court unanimously ruled in Scott’s favor.

The Florida branch of the American Civil Liberties Union has also filed suit against new legislation aimed at preventing voter fraud, but which they claim is an attempt to disenfranchise Democratic-leaning voters.

Florida Democrats, however, are hoping the court battle over the elections law stops before it really begins.

Under the Voting Rights Act, changes in election laws must be approved by the Department of Justice. Because of historic discrimination in Collier, Hardee, Hendry, Hillsborough and Monroe counties, the DOJ must give preclearance to the law in those counties.

Florida House Minority Leader Ron Saunders, D-Key West, and Minority Leader-designate Perry Thurston, D-Miami, sent a letter to the DOJ this week urging them to halt the new law.


Comments (4)

TadM
5:14AM JUN 26TH 2011
So, now that Rick and Co has actually done what they said, the teachers union, after lying to its membership about amendment 8, is going to waste their dues on lawsuits. AND because people that move out of county have to inform the voter registation office of their new address, it's somehow discriminatory? These people are idiots, and thieves.
beeper
12:42PM SEP 17TH 2011
Your comments are absurd. The teachers deserve much higher salaries in Florida and even better pension plans. Sure take the 3%, but give respectable salaries.
Citizen Say
3:27PM JUN 25TH 2011
All laws proposed by the legislature should come before the citizens for a final vote. It is clear that these elected officials are not representing the will of the people who elected them. Citizens should have the final say on every law. Oops that would make it a democracy.
StuSmall
11:36AM JUN 25TH 2011
And Dems will win many of these battles because we have a bunch of liberal activist judges in our state courts, and thanks to people in the Florida Senate who boged down JNC reform (cough Jack Latvala), we will continue to get liberal judges because the JNCs are stacked with sorry liberal trial lawyers. Pitiful.