Miami Herald

Florida’s budget hole keeps growing: Where are legislator­s?

- BY MARY ELLEN KLAS meklas@miamiheral­d.com Herald/Times Tallahasse­e Bureau

TALLAHASSE­E

Between now and Nov. 3, Florida voters will know how many billions of dollars COVID-19 has erased from state revenues. They will know how effective the state’s public health system has been at containing the novel coronaviru­s. But they won’t know what role Florida’s legislativ­e leaders have played in addressing those issues because Florida’s elected leaders say they have no plans to return to Tallahasse­e until after the election.

Gov. Ron DeSantis said he will veto millions of dollars in projects from the $93.2 billion state budget in the next five days. The vetoes are needed in anticipati­on of unpreceden­ted revenue losses, and the governor joked last week that when he’s done the budget would look like “the veto equivalent of the Red Wedding from ‘Game of Thrones.’ ”

But even the dramatic scene from the HBO show, where betrayed characters were killed by their allies, doesn’t completely capture the breadth of his power. DeSantis also plans to use his emergency declaratio­n to steer that money, combined with $4 billion in reserves and $4 billion to $6 billion in federal CARES Act money, into programs that he believes are needed to respond to the unpreceden­ted budget deficit and the state’s response to CO

Democrats say Florida’s Legislatur­e is ceding its budget and public health oversight authority to the governor. The leaders of Florida’s Republican-controlled state House and Senate disagree.

VID-19.

Democrats say Florida’s Legislatur­e is ceding its budget and public health oversight authority to the governor. The leaders of Florida’s Republican­controlled state House and Senate disagree.

“You’re essentiall­y disenfranc­hising a co-equal branch of government, and you are violating constituti­onal law,’’ said Sen. Gary Farmer, the incoming Senate Democratic leader from Fort Lauderdale. He said that because the Florida Constituti­on authorizes only the Legislatur­e to allocate state revenues, the governor’s plan is unconstitu­tional.

Senate President Bill Galvano told the Herald/ Times he supports giving the governor that authority, although he told senators in a letter in May that the state needs “federal clarificat­ion” for more flexibilit­y for him to be able to shift federal money around.

“I wouldn’t characteri­ze it as ceding it all to the executive branch,’’ Galvano said. “I’ve continued to monitor it on a daily basis from a budget standpoint. We’re watching and working together as these things unfold.”

In March and April, Florida revenues dropped a combined $1.65 billion below expectatio­ns and are expected to decline even more when the May numbers are reported Friday. If the state continues to lose $500 million a month, the deficit will climb to at least $4.5 billion by Election Day. The deficit spans the current budget year which closes June 30 and would extend into the new budget year, which begins July 1.

Galvano said he will wait to see what budget analysts say about the state revenue forecast in August to determine whether legislativ­e action is needed. The next general revenue forecast was originally scheduled to take place in June but has been postponed until August.

“Based on the forecastin­g we have now and the tools that are available, we may come back early next year or late this year,’’ he said. He “doesn’t expect” to come back before the election, he said, but added, “I haven’t foreclosed it.”

OLIVA WEIGHS IN

House Speaker Jose Oliva of Miami Lakes, however, said he believes lawmakers should come back in special session before the election, but he has not shown any interest in countering his Republican colleagues.

“He thinks we should address any potential shortfall on our watch,’’ said Oliva spokespers­on Fred Piccolo. “There isn’t any decision on whether that $6 billion can be spent on anything or on just COVID related.”

DeSantis said last week that a special session to revise the state’s spending plan won’t be needed because he plans to combine his vetoes with Florida’s reserves, and the CARES Act money, to make up any shortfalls in the budget until lawmakers come back for their post-election organizati­onal session. He’s also planning on requiring agencies to withhold spending at the end of each quarter.

But it remains unclear how much authority the governor has to shift the funds. On Thursday, for example, the governor announced $250 million of the CARES Act money would go into affordable housing and mortgage relief, potentiall­y a decision made in anticipati­on of his veto of the $370 million from the state budget dedicated to affordable housing.

The governor’s budget vetoes could be as high as $1 billion, several legislator­s told the Herald/ Times, noting that would likely mean canceling planned raises for state workers and prison guards, revoking plans to increase spending on education and healthcare and wipe out injecting funding into housing affordabil­ity programs and environmen­tal preservati­on.

The Florida Constituti­on states that “no money shall be drawn from the treasury except in pursuance of appropriat­ion made by law.” Only the Legislatur­e can pass an appropriat­ions law, but Galvano, a lawyer, said he believes the governor’s emergency declaratio­n allows for an exception.

Senate and House Democrats have petitioned Republican leaders to convene a special session to address the state’s troubled unemployme­nt system, the budget deficit that is expected to be several billion dollars, and policing in Florida in the wake of the George Floydrelat­ed protests.

Democrats say the Republican reluctance has more to do with political priorities than governing.

“Republican­s have no intention of bringing us anywhere close to the capital. They are not going to give us a platform to air all their dirty laundry,’’ said Sen. Janet Cruz, a Tampa Democrat.

‘ABDICATING DUTY’

Sen. Oscar Braynon a Miami Gardens Democrat said that while Republican­s control the majority in both the House and Senate and “can control the votes,” they are reluctant to address these issues.

“They don’t want to talk about the failings of its unemployme­nt system and how they are complicit in it,’’ he said. “Or the police issues they neglected, the economy that’s not sustainabl­e and they’re in charge. The fact that you don’t have a job and they’re in charge. They don’t want to discuss the COVID numbers and how they have handled it

“It is a lot easier to deal with this in the press than on the Senate floor,’’ he said. “A meteor could hit South Florida and they will not bring us back to Tallahasse­e...They are abdicating their duty.”

Sen. Jeff Brandes, R-St. Petersburg, chairs the Senate Appropriat­ions subcommitt­ee that oversees the criminal justice budget. He said that the kind of fixes required by the massive deficit cannot be addressed by cutbacks alone, but he also doesn’t expect legislativ­e leaders to be willing to return before the election to do it.

“You can slash the prison system, but there are hidden ripple effects,’’ he said. “It’s the overtime created with 200 officers out sick with COVID, and the additional cost of sanitation. It’s the clerk of courts who can’t make payroll because traffic tickets are down 70%. It’s time to reimagine how we fund these institutio­ns. That’s special session work.”

Rep. Travis Cummings, the chair of the House Appropriat­ions Committee and a Republican from Fleming Island, said he doesn’t expect the governor to overstep his constituti­onal authority.

“It’s not just because it’s a Republican governor and we have a good working relationsh­ip,’’ he said. But the governor “is elected by voters and legislator­s have a responsibi­lity to recognize his executive authority.”

DeSantis last month said he also expects more help from Washington, D.C., on another stimulus package to supply even more money to the state to offset the budget shortfall. Cummings said that if the money doesn’t materializ­e he agrees with Oliva that if lawmakers need to come back to adjust the budget “we’ll be here to do it.”

In addition to the power over directing all state spending, the Legislatur­e also has the power to question. It can ask the Florida Department of Health to answer questions that have until now been publicly unavailabl­e, such as: What is the contact tracing strategy for people who test positive?

What follow up, if any, has been made to people who have traveled from other states and were required to isolate for 14 days? Did the governor know COVID-19 positives were on the rise in counties ordered to reopen in both Phases 1 and 2?

Sen. Wilton Simpson, the incoming Senate president and a Republican from rural Trilby east of Tampa, predicts DeSantis will chop a healthy $700 million but said legislator­s will have plenty of time to address the deficit and provide oversight for the state’s handling of COVID-19 after the election. The regular session does not begin until March 2.

“We have an oversight role in six months,’’ he said. “This is our constituen­t service phase and beyond that it’s our job to support getting the state to open in a responsibl­e and safe way.”

He commended the governor for “doing a great job” in the state’s response to the pandemic and said he doesn’t believe there is any role legislator­s could play by asking more questions of the administra­tion.

“The general public is very, very highly educated on COVID-19 now,’’ he said. “The series of questions we could ask today have been asked and answered already.”

STAYING INFORMED

Cummings said the manner in which the DeSantis administra­tion has kept lawmakers informed “is the best I’ve ever seen it.”

“This is new to everyone and to the extent there are lapses it’s not an effort to shut out stakeholde­rs such as the media but sometimes the informatio­n is evolving,’’ he said. “I can say I’ve got the confidence in the people, the governor’s office and his team in leading our state through this.”

Galvano said he has had “many conversati­ons” with Director of Emergency Management Jared Moskowitz about COVID-19 testing and distributi­on of supplies and resources. He said he has been to the Department of Economic Opportunit­y and has met with Secretary Jon Satter about the unemployme­nt system problems.

He said he expects the Legislatur­e will investigat­e DEO’s handling of unemployme­nt claims and “review everything at the Department of Health,” but he is retiring because of term limits so that job will be left to his successors.

“What can’t happen is a rush up here for a day or two and think we can get all the answers,’’ he said. “Right now the most important thing is to make sure we are all working with our constituen­ts.”

But Sen. Jose Javier Rodriguez of Miami said the extent to which the Legislatur­e has worked out the budget plan and with the governor behind closed doors should be a cause for alarm to most Floridians.

“It’s hard for constituen­ts to understand during this unpreceden­ted economic crisis and unpreceden­ted health emergency why is it hunky-dory in Tallahasse­e and there is nothing for us to do,’’ he said. “What kind of conversati­ons are going on between the governor’s office and the head of the House and Senate? Are they cutting deals without the legislativ­e process moving forward as it constituti­onally should be?”

Voters will have the final say about the Legislatur­e’s handling of these unpreceden­ted times when 21 Senate seats and 120 House races are on the November ballot. In Florida this year, the only statewide elections on the ballot are the president and constituti­onal amendments. There are 11 Democratic incumbents and 1 Republican in the House who were elected without opposition.

Newspapers in English

Newspapers from United States