Guest Blog: Support for Amendment 4, Florida Hometown Democracy

After a lot of thought and soul searching, I have decided to publicly support “Amendment 4” sponsored by the grassroots organization called “Florida Hometown Democracy.” I normally don’t use this type of mass emailing, but I feel so strongly about this issue - one I have spent the last 20 years of my life working on – that I want you to understand Amendment 4. If you want off this list, just send me an email.

Amendment 4 is a ballot question that will be presented to Florida voters on Election Day this November 2010. This is a ballot question asking voters if they want to amend the State’s constitution so that local governments can change their long-range future land use plan only after a vote of the electors affected by that change. Currently those decisions are left up to your city and county elected officials. (please click, 'read more')

In 1985, the Florida Legislature adopted what became know as the “Growth Management Act.” The general purpose of this Act was 1) to make all cities and counties prepare and obey comprehensive plans to control how and where future development would occur, and 2) to ensure that the public “participate to the fullest extent possible.” The idea was that planned growth would stop or slow suburban sprawl, protect important environmental resources, and help make our communities more livable and sustainable. The other idea was that citizens would get a significant role in how these decisions are made.

Twenty-five years later the State is a mess and citizens have no meaningful role other than a few minutes to speak to their local elected officials at the public hearing when future land use changes are made. Developers and their team of lawyers, lobbyists and experts almost always get their way, and, meanwhile, trust in the government approving these developments is at an all-time low. Simply put: the system is broken.

My family has lived in Florida for generations; I’m a certified planner, an attorney, and I have watched hundreds of amendments to the future land use plan get approved which collectively are ruining what I love about this state. It literally sickens me. In my view, the only solution is to balance the decision-making power between the developers, the local government, and the people. Amendment 4 will do this.

The opposition is mounting an elaborate campaign against Amendment 4 which is based exclusively on fear and speculation, not facts. As Election Day approaches, more and more of these kinds of fear-based messages will get targeted at you.

Developers and the indirect industries that rely on unfettered sprawl into rural and agriculture lands will stop at nothing to continue the status quo, even though every study since 1985 has documents that we have allocated so much land for future growth that it will take decades to build out. Yet local future land use plans continue to be amended all the time for more houses and strip malls, the cost of which to extend roads and schools to those locations are borne by the entire community. This is NOT growth management. In my view, the only way to instill fairness into this process is through Amendment 4 – give voters the opportunity to decide if their future land use plan should be changed.

I realize Amendment 4 is a significant change to the current system. But the current system has done NOTHING to protect natural resources, NOTHING to stop private condos from replacing recreational and working waterfronts, NOTHING to stop new incompatible developments from encroaching on existing neighborhoods, or NOTHING to build a broader economic base that isn’t vulnerable to the boom-bust real estate cycles. Florida, I have concluded, simply cannot wait for developers and elected officials to recognize the harm they are causing.

Once again, please visit the Florida Hometown Democracy website and get involved. But most importantly, vote for Amendment 4!

Feel free to contact me if you would like to discuss this further and share this email with others as you see fit.


Cordially,
Andrew Dickman, AICP, Esq.
LAW OFFICES OF
ANDREW DICKMAN, P.A.
Miami - T: (305) 758-3621 F: (305) 758-0508
Naples - T: (239) 434-0840 F: (239) 434-0940
P.O. Box 771390, Naples, FL 34107-1390

Children's Trust and House Bill 1227. Guest Blog by Child Advocate

House Bill 1227 requires that all of the Children's Services Councils (Children’s Trust included) to seek reauthorization from voters every six years. That would give the voters an opportunity to sunset the fund if the Trust doesn’t get back to the community basics.

As funding gets tighter for the community agencies, the Trust continues to develop their statistical research department. They are eliminating much needed services that do not fit into their bean-counting scheme. As a result, the Trust research department continues to focus on competing with research universities in the field of social science research, instead of being a funding source for true community based programming. This direction has taken on new life after the last election.

The Children’s Trust is urging their fans and funded agencies to call Tallahassee this week to speak AGAINST House Bill 1227. I agree, we should call but I think we should SUPPORT the bill. Children's Trust Advocacy Alert states the following examples of just a few reasons why this “unnecessary bill” (their words) attempts to fix a problem that does not exist:


* Local voters already approved the creation and reauthorization of our CSC, The Children's Trust, twice by large margins - in 2002 and again in 2008.

* Why single out only those special districts devoted to children for a referendum out of the more than 1,000 special districts in the state?

* We already have laws in place that allow for a referendum any time the county commission decides one is needed.

I believe the Children's Trust is methodically eliminating grass roots services agency by agency, moving towards the unannounced goal of bigger and fancier programs. If the community had wanted to have another United Way, it would have been much simpler to fund the existing United Way with the tax dollars instead of creating an entirely new empire. The Trust has lost the community-based services vision.

Unless this state legislative item passes, Miami-Dade County may never have another opportunity to retract the funding “in perpetuity” which The Children’s Trust now enjoys. The Trust is State funded and employees get State benefits.

I urge you to call Tallahassee this week, because the Children’s Trust, indeed any government agency, should not be funded without end, without accountability, with our tax dollars.

If you care to call Tallahassee to voice your opinion on the bill:

Please contact the bill sponsor, Committee Chair and the House Military and Local Affairs committee members.

Bill Sponsor: Debbie Mayfield, 850-488-0952, debbie.mayfield@myfloridahouse.gov

Committee Chair: Dorothy Hukill, 850-488-6653, dorothy.hukill@myfloridahouse.gov

House Military & Local Affairs Committee Members Contact Information

Dorothy Hukill, Chair

850-488-6653

dorothy.hukill@myfloridahouse.gov

Chris Dorworth, Vice Chair

850-488-5843

chris.dorworth@myfloridahouse.gov

Ron Schultz 850-488-0805

ron.schultz@myfloridahouse.gov

Esteban L. Bovo, Jr. 850-487-2197

esteban.bovo@myfloridahouse.gov

Juan C. Zapata 850-488-9550

juan.zapata@myfloridahouse.gov

John Wood 850-488-2721

john.wood@myfloridahouse.gov

Janet C. Long 850-488-6197

janet.long@myfloridahouse.gov

Janet Adkins 850-488-6920

janet.adkins@myfloridahouse.gov

Mack Bernard 850-488-8632

mack.bernard@myfloridahouse.gov

Keith Fitzgerald 850-488-7754

keith.fitzgerald@myfloridahouse.gov

Evan Jenne 850-488-0245

evan.jenne@myfloridahouse.gov

Mark S. Pafford 850-488-0175

mark.pafford@myfloridahouse.gov

Ronald Renuart 850-488-0001

ronald.renuart@myfloridahouse.gov

Charles E. Van Zant 850-488-0665

charles.vanzant@myfloridahouse.gov

The New Economy: Everything must go! ... by gimleteye

Condo Vultures offers on a massacre of South Florida condo values: "Here is a list of some of the biggest discounts in the Vultures Database™ on short sales, foreclosures, and bank-owned condos in Miami-Dade, Broward, and Palm Beach counties. For more information on these properties, please contact Condo Vultures® Realty LLC at 305-865-5629."

Miami-Dade County:
Aventura: Condo on the bay discounted 72 percent.
Bal Harbour: Bank-owned, oceanfront condo discounted 43 percent.
Bay Harbor Islands: Bayfront condo reduced 83 percent.
Coconut Grove: Condo reduced 72 percent.
Coral Gables: Bank-owned condo discounted 48 percent.
Eastern Shores: Condo on a canal discounted 31 percent.
Fisher Island: Oceanfront condo reduced 59 percent.
Key Biscayne: Condo reduced 45 percent.
Miami: Condo on the bay discounted 86 percent.
Miami Beach: Condo discounted 67 percent.
Miami Gardens: Condo reduced 50 percent.
Miami Shores: Condo on a canal reduced 33 percent.
N. Bay Village: Condo on the bay discounted 75 percent.
N. Miami: Condo discounted 77 percent.
N. Miami Beach: Bank-owned condo reduced 78 percent.
Sunny Isles: Oceanfront, luxury condo reduced 69 percent.
Surfside: Oceanfront condo discounted 60 percent.

Broward County:
Dania Beach: Condo reduced 37 percent.
Ft. Lauderdale: Oceanfront condo discounted 76 percent.
Hallandale: Condo reduced 62 percent.
Hollywood: Oceanfront condo discounted 69 percent.
Pompano Beach: Condo on the intracoastal reduced 71 percent.
Wilton Manors: Condo discounted 48 percent.

Palm Beach County:
Boca Raton: Condo reduced 49 percent.
Boynton Beach: Condo reduced 66 percent.
Delray Beach: Condo discounted 58 percent.
Hypoluxo: Condo discounted 46 percent.
Palm Beach: Condo on the intracoastal reduced 40 percent.
Riviera: Bank-owned condo reduced 50 percent.
West Palm Beach: Condo discounted 85 percent.

The cratered values show part of the economy in a deep traumatic shock and comes on the heels of a statement by the Latin Builders Association in their magazine, Proyecto, against Amendment 4, Florida Hometown Democracy. When Florida Hometown Democracy, Amendment 4, passes, local voters will be able to vote on changes to their communities' comprehensive development plans. The Latin Builders Association claims "a loss of 267,247 high wage jobs" according to a study by the Washington Economics Group. But the lobbyist for the builders manage to neatly avoid the role of their association in pushing behind closed doors for changes to zoning and permitting that resulted in so much overdevelopment in South Florida, substantially contributing to the great recession. The LBA's tag line, "If you liked the recession, you'll love Amendment 4" is silly. Count on voters, whose taxes are going up, whose property values are plunging, to sort out that the interests crying wolf about Amendment 4-- giving voters a chance at direct democracy-- are exactly the ones who opened the barn door to let in the wolves in the first place.

One-Trick Pony Endorses Another One-Trick Pony. By Geniusofdespair

Rudi Giuliani endorsed Marco Rubio, probably payback for Crist endorsing McCain in the Presidential primary.

What does that mean to me? It means I have an excuse to post another bad photo of the Tea Party Candidate, Marco Rubio. It also gives me an opportunity to remind you to go Republican. I am asking you to switch parties, that's right, do it for Florida! Get the form here. Republicans do this all the time to mess with Democrats. If you are an independent: You shouldn't be an independent, you are part of the reason why we get stuck with bad candidates. The primary is important in setting the election and you don't even get to participate. Why would you let an avid Fox News watcher pick your next U.S. Senator?

(This message is not paid for by the Stop-O-Marco Campaign.)

Dennis Moss Ailing? By Geniusofdespair

Not so interested in what they are discussing (their watch of Jackson Memorial Health Care System and advancing them $80 million) more interested in the health of the Commission Chair Dennis Moss. Take a look - I video-taped my TV Screen. All I can say as that I wish him well. Moss is one of the better County Commissioners.

Journalists in transition...depressing topic. By Geniusofdespair

The Society of Professional Journalists mistakenly believes there are some REAL paid journalists at this blog. Luckily, we don't get paid and are NOT facing a lay-off otherwise we might be forced to attend this depressing workshop that they are sponsoring on April 10th: "Life After Journalism, repackaging your skills for a career change."

Who would have thought, in my lifetime, that 'Journalism' would not have been a smart career choice.

Off Road Vehicle Plan in Everglades: State says to Collier and Miami-Dade county commissions; you have to be kidding. by gimleteye

Now the the State of Florida has strongly recommended against the plan to put an off-road vehicle park at the site of the Everglades Jetport in the middle of Big Cypress National Preserve, it would be interesting to know how much time, energy and money was wasted by county commissioners on this hair-brained scheme to amend the county master plan for Collier; lead by Pepe Diaz with compliance of the Collier County commission. (For the earlier post on this topic, that received wide national distribution, read here.)

Now that the state has weighed in, this whole mess seems to be exactly the kind of diversionary tactic that the late Wade Hopping excelled at, in Tallahassee: sending conservationists in a tizzy in one direction, so that in another direction some really bad legislation could get done. What a complete, utter waste of effort. It really is time for the public and taxpayers to demand that costs, including staff time, be included in documentation offered to the state, so that we can put numbers to the madness that even freezes up state agencies in meaningless fishing expeditions. Interestingly, the only state agency to peep up in qualified support for the plan-- and even it couldn't do so with a straight face-- was the agency chaired by Miami lobbyist Rodney Barreto, the Florida Fish and Wildlife Conservation Commission. Barreto is scarcely a neutral player or contributor to Florida's efforts to protect the Everglades: he has been part of a group of land speculators who made millions during the housing boom pushing suburbs west toward the Everglades. Draining wetlands and putting more people in line to be the next constituency for more drained wetlands is all part of the plan. That is what Pepe Diaz' plan to insert a new Lowe's Home Improvement store in far West Dade, outside the UDB, is all about. The state rejected that, too, after years of court costs and wrangling.

Diaz (see our archive for more on this county commissioner, under 'Pepe Diaz') needs to be returned to the private sector, along with the unreformable majority that make sport of the land use planning processes and political gamesmanship on behalf of lobbyists and land speculators. Another reason why Florida voters must stand up and support Amendment 4, Florida Hometown Democracy. Barreto, Diaz et al. know perfectly well if the plan to put off-road vehicles in the middle of the Everglades was put up to a vote, it would never have passed in a million years.

JESCA: Better Known as Rolle's Non-Profit. By Geniusofdespair

County Commissioner Dorrin Rolle stepped down from the non-profit, JESCA, in 2008 leaving it in financial shambles, all the while collecting a salary of almost $200,000 per year. JESCA filed for bankruptcy in August of 2009. In May 2008, JESCA was advertising for a new CEO:

"JESCA is seeking a leader of unquestioned operational excellence and strong financial acumen as President and CEO. The ideal candidate will have experience working closely with a board, staff, associates and other constituents to achieve ambitious goals in a fiscally responsible manner."
Don't know if the job is still open. We must not forget the 2009 Inspector General Audit of JESCA (results summary are in the two graphics) covering a time when Rolle was still the CEO. We need Rolle booted off the Public Health Trust Board and the Board of County Commissioners. This guy should be banned from all Boards except ironing boards.

Expect him to get a slap on the wrist from the Ethics Commission on his latest shenanigans.

Let's rename the Marlins, Dolphins, the Panthers and the Heat? by gimleteye

A post a week ago on the "missing" great Miami Macaws generated many responses, confirming that there are a lot of Miamians who have carved an enigmatic place for these large wild birds, non-native as they may be like the rest of us, that fly in pairs above Miami unhindered by traffic jams. When I asked, Where are the parrots, today? Readers quickly responded with the same concern.

I like dolphin and marlins and panthers-- creatures lending their names to our professional sports teams--, but most of us land-based bipeds have a more direct connection to the big birds. Other cities have named their sports teams after ravens or eagles, why not the Miami parrots or the macaws?

Now I understand how chattering green parrots can be viewed as comical representations of our own species. Those green parrots do remind me of our county commissioners behind the dais. (Some of them remind me more of manatees.) But one can't dismiss the parrot out of hand. I mean, how many eagles are in Philadelphia? Or panthers in Weston? The Miami macaws are beautiful and intelligent and colorful. They are long-lived, form long-term pairs, and they bicker and chatter in mid-flight, such a higher level of achievement than us stuck in traffic listening to talk radio.

So, I propose to rename one of our sports teams after the parrots or the macaws. We need a steering committee: do we have any volunteers or ideas how to put wings to this idea?

The County Commission District 8 Election. By Geniusofdespair

There are 6 people officially running for Commissioner Katy Sorenson's seat and an additional 2 who are rumored to be running, and I never shy away from a rumor: They are Annette Taddeo and Leslie Bowe.

Here is a quick fact about each of the candidates. Bell - right-to-life advocate and former Homestead Mayor; Culler - teacher and a coach; Gray - Chair of the County Planning Advisory Board also a Hold-the-Line organizer; Harum-Alvarez on Urban Environment League Board and Kendall Activist; Flinn - current Mayor of Palmetto Bay; Perreira is the President of 1st Rate Merchant Services & Direct Connect; Bowe - Worked for School Board and won a shitload of money in the lottery; last but not least, Taddeo ran for Congress.

A Few Miami Beach Properties are Selling for More than their Market Value. By Geniusofdespair

I looked up 6 properties in Miami Beach that sold for over the property appraiser's market value (some by as much as $100,000 over) and they all had two things in common. 1) The people buying had no other public record in Miami Dade County and 2) All had no record of a mortgage on the property bought, which means they were bought for cash.

From this I can deduce that the people paying OVER market value are first time buyers, probably new to Miami. They have a lot of cash and maybe they are not getting very good deals, since the vast majority of the people buying are paying under market value -- some by almost half. I looked at 51 properties total in Miami Beach for this report.

You realtors out there, what is going on? Where are people getting all this cash, I am talking about properties that sold for $743,000, $690,000, $600,000, $570,000, $460,000 and $425,000. That is a lot of money to have on hand. Where are you realtors digging these people up? There were a few foreign sounding names, perhaps they are here from abroad to take advantage of our falling market but, in reality, they might not be getting the 'deals' they were seeking.

Also see: The need for financial reform, a case study in Miami: Lennar and LNR

Don't Try to Draw on a Wet Egg. By Geniusofdespair

I decorated an egg for all of you. For me, Bah! Humbug!

The Big Sugar War. By Geniusofdespair

The only reason we entertained Gov. Crist's proposal was that it came from the governor and our owners believed the transaction would play a major part in resolving the huge problems of the Everglades, Lake Okeechobee and the Caloosahatchee and St. Lucie rivers, a fitting legacy for our land. - Robert H. Buker Jr., President, CEO, U.S. Sugar

The real "Clash of the Titans" is playing out this year in Florida. Two warring Sugar Companies -- U.S. Sugar and the Fanjul's Florida Crystals -- are at odds over the Florida sugar-land buy. The latest, U.S. Sugar CEO writes an Opinion Piece for the Palm Beach Post published yesterday. In the column Buker says of his company's sugar rival:

Florida Crystals is spending tens of millions of dollars in court, in the Legislature and in the media opposing this transaction in an attempt to get some of U.S. Sugar's superior assets for its business. Its actions are certainly in keeping with its history of trying to force a better deal for itself. Just as it did when it sued the state for its purchase of Talisman Sugar in the southern Everglades Agricultural Area for restoration a decade ago, Florida Crystals is angling for its own "sweet deal" in this case.

Ouch! I beieve this, except not so sure I believe the sincerity of the "legacy" part in the top (first) quote. Entire Opinion Piece follows:

Most criticism aimed at the state's acquisition of U.S. Sugar lands for restoration is fueled by our largest business competitor, Florida Crystals, and a few politicians highly motivated by their campaign contributions. They have falsely characterized this acquisition as a bailout of a struggling company.

U.S. Sugar never solicited this proposal. We were not for sale. Then Gov. Crist approached us with the proposal to acquire all of U.S. Sugar and its 180,000 acres of strategically located land for Everglades restoration.

The only reason we entertained Gov. Crist's proposal was that it came from the governor and our owners believed the transaction would play a major part in resolving the huge problems of the Everglades, Lake Okeechobee and the Caloosahatchee and St. Lucie rivers, a fitting legacy for our land.

While it was true that our sugar business had at that time accumulated significant debt due to several hurricanes and the monumental, multiyear construction of our state-of-the-art sugar factory, that is not the whole story.

Our company has been in business since 1931, and we always have weathered the storms. So, we made hard decisions, prioritized spending and cut costs. In its third year of operations, our new sugar factory is running smoothly and our refinery has had record production.

Today, U.S. Sugar is well-capitalized and we have retired more than $200 million of debt. Our owners, shareholders and bankers are very pleased and proud of what we have accomplished. We never violated any of our banking and loan covenants.

Because of our new sugar factory, railroad and cost reductions, we are by far the lowest-cost producer of refined cane sugar in the United States

We expect strong sugar demand, sales and pricing for at least 2010 and 2011.

Florida Crystals is spending tens of millions of dollars in court, in the Legislature and in the media opposing this transaction in an attempt to get some of U.S. Sugar's superior assets for its business. Its actions are certainly in keeping with its history of trying to force a better deal for itself. Just as it did when it sued the state for its purchase of Talisman Sugar in the southern Everglades Agricultural Area for restoration a decade ago, Florida Crystals is angling for its own "sweet deal" in this case.

When Gov. Crist first announced this historic acquisition, Florida Crystals spokesman Gaston Cantens was quoted in the Miami Herald, stating they "view this as an opportunity to resolve some of these lingering environmental issues and create some long-term stability in this area.' In fact, Florida Crystals officials secretly sent their own proposal to the South Florida Water Management District — "to acquire a portion of the U.S. Sugar assets" and "join in pursuit of the state's goals." They demanded their offer be kept confidential, and when their terms were refused, they filed lawsuits opposing this acquisition.

While calling the contract "too sweet" for U.S. Sugar, Florida Crystals was attempting to force an even "sweeter" deal for itself.

At the same governing board meeting that Florida Crystals' spokesman Cantens publicly complained about U.S. Sugar's $150-per-acre lease rate, Florida Crystal's leases with the SFWMD were approved at $59 per acre.

Mr. Cantens uses the EAA-A1 reservoir on Talisman land to claim U.S. Sugar's deal delays other restoration projects when his own company sued the SFWMD to stop that reservoir construction. They forced a settlement, got an $8 million payout and still farm more than 20,000 acres of state-owned Talisman .

Florida Crystals' secret proposal to the SFWMD offered a "sweetheart deal" to relinquish its Talisman leases only in exchange for U.S. Sugar land that is 50 percent more productive than its own.

Florida Crystals ran commercials claiming that restoration dollars are better spent north of Lake Okeechobee at the same time it presented a plan that has the SFWMD buying some of its land south of the lake rather than U.S. Sugar's.

At the SFWMD's request, due to the economic downturn, we have twice renegotiated this contract so that it was affordable to the state while still providing a fair return to our shareholders. A public review and extensive court process approved its public purpose, all over Florida Crystal's objections. We are confident that the Florida Supreme Court will uphold the bond validation and that the governing board will complete its budget process, making this a high priority without raising taxes.

The bottom line: Florida has a very rare opportunity to reacquire a large swath of the historic Everglades from a willing seller at a fair, appraised price that will advance Gov. Crist's Everglades restoration plan.

Revision: get your sea turtle eggs here! by gimleteye

Brief Analysis
The photographs are genuine, but they do not depict the illegal poaching of turtle eggs. In fact, the egg harvest shown in the photographs is a perfectly legal and strictly controlled event that is managed by the Costa Rican government and been in operation since the 1980's. Far from being an "attack against nature", the egg harvest is an integral part of a long term conservation program that has resulted in a significant increase in the successful hatchings of Olive Ridley Turtles.

Leon Russell you had better be good. by Geniusofdespair

I am on line at a dive on US 1 just off of Oakland Park Blvd. called the Culture Room. I went early to get a good table. Guess what...no tables. This sucks. Leon Russell better deliver.

I am back home. The sound system at this place was from hunger. As I mentioned, this was a table-less place but it was also pretty much chair-less too and people were smoking. I am sitting at the computer, still smelling smoke.

Leon was 68 today, not quite how I remembered him especially with the cane. His voice is still clear, could hear it in the one song without the band. He wrote one of my favorite songs so there is always a place in my heart for Leon Russell...

I love you in a place where there's no space or time
I love you for in my life you are a friend of mine
And when my life is over
Remember when we were together
We were alone and I was singing this song for you

Did You Know There Were 25 People Running for US Senator in Florida? By Geniusofdespair

There are 25 people running for U.S. Senate, 8 Democrats and 10 Republicans among them.

Why are we only reading about two Republicans and one Democrat? Why don't we hear about Kevin Burns and Maurice Ferre on the Democratic side? Why doesn't anyone talk about Republicans Howard Knepper and Gwyn McClellan. Did you know there was a woman in the race? Granted, Gwyn's website was one of the oddest I have ever seen but why aren't we hearing about her anyway? After all, we hear enough about her loony fellow Republican, Marco Rubio. What about Howard Knepper, a local boy from North Miami? His website is a little more normal if you discount the video playing "Born Free." Democrats Kevin Burns has a typically expected website and so has Maurice Ferre.

Since the pickings are so slim, tell us about ALL the candidates newspaper editors, not just the candidates with money.
You all have to go to Gwyn's website...really! Here is a sample:

This was on her qualification page:


But this made more sense, also on her qualification page:

Although celebrities and people who are millionaires should have an equal opportunity to run for federal, state, and local offices, it is also very important that our society recognize that being an American who is dedicated to making our country a better place to live for all individuals should be much more important a criterion for running for the United States Senate office than having a celebrity status or being a millionaire. Just because you are a celebrity or that you have a million dollars in your pocket doesn't mean that you have what it takes to make an exceptional senator.

You go girl!

But then sanity takes a vacation...this is also on her website (wow, this website seems like a roller-coaster ride):

More on federal court decision on Everglades reservoir... by gimleteye

Forest Michael wrote the following viewpoint regarding the federal court decision ordering the state of Florida to build the massive EAA reservoir:

"All adoration aside for Mike Collins, a good spirited and knowledgeable outdoorsman, the EAA A-1 Reservoir was still an in-progress experiment that was not even fully tested when construction was halted... The Tampa Bay Bill Young Reservoir and the 10 Mile Creek Reservoir (EAA A-1 "Prototype"), have both failed; the same roller compacted concrete (construction) literally cracking to bits in the hot Florida sunshine, to the tune of over $125 Million plus another $15 Million approximate repair costs as reported in various media. Unfortunately for taxpayers, the EAA A-1 is the same design and is a 40 foot tall monolithic concrete structure in the middle of the historic River of Grass, *"the size of Manhattan." * Some consider these massive and untested concrete reservoirs relics of the bygone 1980s era, from a time when no expense was spared on consultant fees, contractor fees, cost overruns, on the dynamiting of the River of Grass for industrial strength concrete plants, canals, huge pump stations with mega-pumps, and their unknown yet considerable Operations, Maintenance and Capital costs. This is not what the rest of the world considers as "restoration." Today is a new day. By all means, protect the native American sovereign lands and peoples from flooding, but do so in a sustainable manner as their ancestors would have - with the land and with the River of Grass."

Nobody can rip Rubio like Keith Olbermann. Geniusofdespair

Please join my Stop-o-Marco campaign. It entails registering as a Republican. Meanwhile watch this rip of Florida's favorite Tea Party Senate Candidate Marco Rubio. (If you do not see video below use the link above)

Visit msnbc.com for breaking news, world news, and news about the economy

Running For Miami-Dade Mayor: Dr. Darrin G.Ellis. By Geniusofdespair

Getting a big jump on the registration for the Mayor's race in 2012 is Dr. Darrin G. Ellis of Goulds, connected to Divine Service Ministries of Homestead. Divine Service Ministries, Inc was incorporated on April 13, 2008 and is currently active. I know little else about him except he has a campaign MySpace page for the 2012 election, that is curiously private(?). He joins State Rep. Marcelo Llorente in the race for Mayor. Stanford W. Ellis is Darrin's treasurer. I called the number on his registration form to get a quote from Darrin Ellis. The woman who answered told me it was the wrong number. I called another number (treasurer) and was told that "Darrin doesn't live here anymore." Hmmm.

What is this guy thinking if he can't even fill out his filing papers accurately?

Post Buckley Schuh Jernigan: no accountability is par for the course ... by gimleteye

I have little warmth for PBS&J, the Miami-Dade powerhouse and charter member of the engineering cartel. Back when I was leading the fight to stop the conversion of the Homestead Air Force Base to a privatized commercial airport benefiting HABDI, a corporation constituted from the board of the Latin Builders Association, PBS&J was the principle coordinator of the byzantine permitting processes involved in certification of a new airport by the Federal Aviation Administration. Blocking environmental considerations from halting the project was a significant aspect of its effort. PB&SJ was a key player, among dozens of lobbyists and influence peddlers who commandeered the 29th Floor at County Hall and county departments like Aviation and environmental regulation. And I mean, "commandeered", literally.

Three years ago, Post Buckley officials briefly showed up in a federal prosecution. The company shows up again, today, in the St. Pete Times: "Current and former employees of the engineering company told investigators that PBS&J funneled hundreds of thousands of dollars to politicians in seven states in order to "promote its presence in the community so that it could obtain more business," according to the report by the commission's general counsel, Thomasenia "Tommie" Duncan and three other attorneys. The donations were "made with the expectation that (the company) would obtain access to important government decision makers." But as of today, the company is off the hook. The statute of limitations has officially run out."

There are plenty of people in Miami-Dade (and many, read this blog), breathing sighs of relief. We don't know the whole story, by far. Nor have Miami-Dade taxpayers and voters ever had a full accounting of the tens of millions of dollars funneled through PBS&J. It's sickening to discover that the company CEO, when asked to resign, walked away with millions of dollars in compensation. Some fraction of contracts to the firm from Miami-Dade found its way back into the pockets of deal makers, whether in casino chips or condos in tax havens beyond the reach of the law. One way or another, we are all paying.

Thanks to Craig Pittman, St. Pete Times, for reporting.



Off the hook despite scam

By Craig Pittman, Times Staff Writer

Published Tuesday, March 30, 2010

One of Florida's biggest government contractors, Tampa-based PBS&J, has been making illegal campaign contributions since the 1980s, according to a lengthy investigation by the Federal Elections Commission.

The investigation found that at the company once known as Post Buckley Schuh & Jernigan, which has designed and overseen construction of such projects as the Suncoast Parkway, such illegal contributions "were an important part of PBS&J's business strategy."

Current and former employees of the engineering company told investigators that PBS&J funneled hundreds of thousands of dollars to politicians in seven states in order to "promote its presence in the community so that it could obtain more business," according to the report by the commission's general counsel, Thomasenia "Tommie" Duncan and three other attorneys.

The donations were "made with the expectation that (the company) would obtain access to important government decision makers."

But as of today, the company is off the hook. The statute of limitations has officially run out.

The elections commission deadlocked 3-3 last year on whether to pursue the case, which meant no charges for the company. However, the conclusion of the case meant documents from the investigation became public.

According to the report, the Democrats who benefited from secret PBS&J donations include former Sen. Bob Graham, U.S. Rep. Alcee Hastings and former President Bill Clinton. Republican recipients included Attorney General Bill McCollum, former Sen. Mel Martinez and the Republican Party of Florida.

There were also numerous contributions to candidates for state offices, the counsel reported. But since federal campaigns were not involved, she did not list those candidates' names. The report does not indicate whether any of the candidates knew they were receiving improper donations, and attempts to contact the ones still in office were not successful.

Because the commission dropped the case, "PBS&J never got the chance to put our side in evidence," spokesman Jorge Martinez said. "We believe that there was insufficient substance to the charges to warrant prosecution and that we would have prevailed in any adjudication."

PBS&J, founded in 1959 to build Sen. Graham's family's Miami Lakes development, now has 3,600 employees in 80 offices, including more than 350 in Tampa. In 2009 the company had $103 million in contracts with such federal agencies as FEMA and the Department of Defense. Its state contracts last year, totaling more than $63 million, were with the Department of Transportation and the Fish and Wildlife Conservation Commission.

Starting in the 1980s, PBS&J employees who donated to politicians were reimbursed via bogus expense report payments or as company bonuses, the report said. That way the company could avoid violating laws limiting how much could be donated.

The fake-donor ruse was so widespread that at one point in 2000, witnesses said, company chairman Michael Dye "instructed the officers and directors to bring their check books to a board meeting to write checks," using bonuses that he had already distributed.

"They nurtured a corporate culture of corruption," said attorney Bernard Weintraub, who represents the longtime PBS&J employee who eventually told authorities about the contributions.

Through the 1990s, PBS&J also reimbursed its employees through checks written on a subsidiary, Seminole Development, the investigation found.

"Numerous witnesses, including CEO John Zumwalt, directly admitted that Seminole checks that were made payable to them were reimbursement checks for political contributions," the counsel's report states.

But the decades-long practice of making illegal contributions sowed the seeds of another crime. Three employees, one of them the company's chief financial officer, began embezzling millions from PBS&J. The CFO, William DeLoach, figured that if his bosses ever found out, he would just "remind them of their improper reimbursement activity and could say to them, 'What are you going to do? Call the authorities?' " the report says.

However, when caught in April 2005, DeLoach confessed. One of his co-defendants, Weintraub's client Maria Garcia, then informed federal prosecutors about the campaign contributions, which led to charges against some top executives.

Two former PBS&J chairmen, Dye and Richard Wicket, pleaded guilty and were put on home detention for six months and given probation. Prosecutors said the company itself would face no federal charges, which prompted Garcia to file a complaint with the elections commission.

However, there was a problem with the five-year statute of limitations. Duncan and the other three attorneys said that, under the law, the clock did not start running until the illegal contributions came to light in April 2005. That meant the statute of limitations would not expire until Thursday.

But the commission, created in 1974, has three Democratic and three Republican commissioners, and they split along party lines. The Democrats agreed with their attorneys, but the Republican commissioners — one of whom has been counsel to the National Republican Congressional Committee since 1999 — agreed with PBS&J's attorneys that because the illegal contributions had been going on so long, the statute of limitations had already run out.

The commission's failure to prosecute a case "where the facts are undisputed, the law is clear, and the conduct is egregious sends the wrong message to the public," two of the Democratic commissioners wrote. Now "as a corporate entity, PBS&J will never be held liable for its blatant violations of campaign finance law."

On Dec. 30, the company disclosed in a Securities and Exchange Commission filing an internal investigation into whether a subsidiary may have illegally paid bribes to officials in foreign countries in violation of the Foreign Corrupt Practices Act. The investigation is still going on, Martinez said.

In January Zumwalt announced his resignation as chairman. He accelerated his retirement date after shareholders voted him off the board. The company agreed this month to pay him $2.3 million for his early departure.

Zumwalt's replacement, Robert Paulsen, was identified last year by an Orange County grand jury as being part of the "culture of corruption" at the expressway authority there. The grand jury said the authority's chairman used Paulsen as part of "an organized shakedown" of other authority contractors to raise money for political candidates. Martinez pointed out that a state Ethics Commission investigation resulted in no charges.

Times staff researchers Caryn Baird and Shirl Kennedy contributed to this report, which contains information from the Miami Herald and Orlando Sentinel.


Reimbursed contributions

PBS&J reimbursed $30,500 in political contributions made by employees, an investigation found.

Contributor Committee Date Amount
Michael Dye Americans for Harkin Feb. 25, 1992 $1,000
H.M. Dye Clinton/Gore 96 Primary Committee June 22, 1995 $1,000
Walter
Karasiewicz Friends of Bob Graham Committee April 8, 1997 $1,000
Jose
Gonzalez Bud Shuster for Congress Committee July 18, 1997 $500
Robert
Paulsen Bud Shuster for Congress Committee July 25, 1997 $500
John
Shearer Friends of Bob Graham Committee Oct. 29, 1998 $500
John
Shearer Bill McCollum for U.S. Senate Nov. 29, 1998 $500
William DeLoach Linda Chapin for Congress March 6, 2000 $500
Judith
Squillante Linda Chapin for Congress March 8, 2000 $500
Richard
Wickett Linda Chapin for Congress March 8, 2000 $500
Contributor Committee Date Amount
Richard
Wickett Linda Chapin for Congress Sept. 5, 2000 $500
James Breland Friends of Max Cleland March 27, 2002 $2,000
William Deloach Republican Party of Florida Aug. 8, 2002 $500
Larry
Boatman Alaskans for Don Young Jan. 28, 2003 $500
William Deloach Erskine Bowles for U.S. Senate March 9, 2004 $2,000
Richard Wickett Erskine Bowles for U.S. Senate March 9, 2004 $1,000
William Deloach Americans for a Republican Majority March 9, 2004 $5,000
William Deloach Democracy Believers Sept. 17, 2004 $5,000
William Deloach Martinez
for Senate Oct. 5, 2004 $2,000
Richard Wickett Martinez
for Senate Oct. 7, 2004 $500
William Deloach Republican Party of Florida Oct. 29, 2004 $5,000


Source: Federal Elections Commission's general counsel report

PBS&J
. Formerly Post, Buckley, Schuh
& Jernigan

. 3,600 employees worldwide; more than 350 in Tampa

Partial list of who received contributions

. Former Sen. Mel Martinez $13,800

. Former Sen. Bob Graham $1,800

. Former Sen. Connie Mack (via his Adam Smith PAC) $1,000

. Then-U.S. Rep. Bill McCollum: $800

. Clinton-Gore campaign: $1,000

. U.S. Rep. Alcee Hastings: $1,800

. Republican Party of Florida $5,000

. Former U.S. Rep. Carrie Meek: $1,000

. U.S. Rep Lincoln Diaz-Balart (via his Democracy Believers PAC) $5,000

A Scholarship to be avoided at all costs. By Geniusofdespair

Here is one scholarship to be avoided or prepare to be humiliated if you get it: The Natacha Seijas "Women in Public Service" Award. Awwk! I call this the all-in-the-family award because the applications must be sent to Terry Murphy, who also is the President-Elect of ASPA South Florida Chapter. Terry, coincidentally, is the Chief of Staff of Vile Natacha Seijas. Coincidence?

The application asks you to write an essay (see below). I think we all know who they want the applicants to write the essay about. A sure loser for candidates: Write about Katy Sorenson.

(Thank you alert reader for telling me about this and thanks should also go to the corporate sponsor of the scholarship...you guessed it: FPL!)