New START treaty salvages U.S. 'reset' with Russia, experts say

WASHINGTON -- Senate approval Wednesday of a nuclear arms reduction pact with Russia has boosted President Barack Obama's long-shot initiative to rid the world of nuclear weapons and salvaged his drive to improve U.S.-Russian ties, experts said.

Fulfilling his call for a "reset" of the chilly relationship with Moscow, Obama's victory could also help in two U.S.-led initiatives that rely on Russian cooperation - to curb Iran's nuclear program and to prevent terrorists from stealing nuclear materials.

There are obstacles to accords in any of these areas, but Obama can pursue them with an enhanced image for himself and his government.

"There is a bigger audience out there. If we hadn't done this with the Russians, Obama looks impotent and the United States looks more uncertain, unpredictable and untrustworthy to the rest of the world," said Tom Fingar, who served until last year as chairman of the National Intelligence Council, which prepares presidential intelligence assessments.

Experts across the spectrum expressed relief, if not euphoria.

"It's a modest but useful agreement," said Stephen J. Hadley, the national security adviser in President George W. Bush's second term. "I think the biggest thing is that it avoids some downsides if it had been actually rejected by the Senate."

Foreign Relations Committee Chairman John Kerry, D-Mass., who steered the pact through the Senate, said the 71-26 approval of New START "makes a statement about the United States of America as a whole, not just the president. It says we're a country in which, even in contentious times, where 100 senators have a responsibility, 71 of them came together ... and articulated the direction the U.S. wants to go with respect to nuclear weapons. That's going to be critical in shaping opinion on a global basis."

Obama's ambitious agenda still faces potential landmines.

It will be much harder for Washington and Moscow to reach agreement on cutting their arsenals to levels lower than those imposed by New START on operational warheads and delivery vehicles. The pact limits the sides to deploying no more than 1,550 strategic warheads on 700 bombers and land- and sea-based ballistic missiles within seven years.

Moreover, renewed frictions could arise over the Kremlin's growing authoritarian rule, repression of opposition parties, independent media and human rights activists, and its foot-dragging on legal and financial overhauls sought by international companies.

"Suppose there was a swing toward rabid nationalism in Russia. I think the comfort level over further (nuclear arms) reductions would be much less," said Zbigniew Brzezinski, the national security adviser to former President Jimmy Carter.

There also are unresolved disputes dividing Washington and Moscow, like Obama's plan to deploy missile defenses in Europe, which Moscow worries could be used to neutralize its nuclear deterrent.

Obama won 13 Republican votes Wednesday, but a narrower Democratic majority in the Senate next year will make it harder to gain the two-thirds majority needed for his next arms control priority: the Comprehensive Test Ban Treaty outlawing underground nuclear test blasts.

"The test ban treaty in the current atmosphere, in the current context, is a very, very difficult process," Kerry said. "A whole lot of educating has to go on. ... It's way too early to begin to second guess or start to scope out what's going to (happen)."

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More than 800 students graduate from UM

With some words of advice from Miami's Gloria Estefan, more than 800 University of Miami students received their degrees Thursday morning at the BankUnited Center.

UM President Donna Shalala greeted undergraduates, master's degree candidates, and doctoral candidates from each of the university's schools and colleges -- except the Miller School of Medicine.

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Scott faces deepening statewide budget gap

Rick Scott's campaign promise to cut property and corporate-income taxes got a little tougher Tuesday when state economists forecast that anemic tax collections could punch a $3.5 billion hole in his first proposed budget.

The big budget shortfall is at least $500 million more than recent estimates, and it could increase if Florida's economy worsens.

Cutting taxes would make the budget gap bigger. But Scott won't say what he'll reduce in the budget -- which he'll propose in February -- to offset his tax cuts. Scott will be sworn in Jan. 4 as Florida's 45th governor.

When asked by reporters to provide budget cut details and whether that will include employee layoffs, Scott repeated familiar refrains such as ``streamlining government'' and ``looking at programs.'' He also said he ``might'' privatize prisons.

Scott briefly spoke with reporters in Fort Lauderdale after the political newcomer hosted a meet-and-greet with South Florida legislators, who also tried and failed to wring specifics from the Republican governor-elect.

Rep. Jim Waldman, D-Coconut Creek, quizzed Scott about his plans to cut property taxes 19 percent when those taxes pay for schools, police officers and other local services.

``All the savings are at the state level,'' Scott said. ``I'm not changing how much we send to the counties.''

Scott didn't specify that his tax cut plan only targets the state-set property tax that pay for schools -- at a cost of about $1 billion -- and that he plans to find other state revenue sources so that the K-12 portion of the budget isn't sharply reduced.

``My goal is not to change funding for the public schools,'' Scott said. ``My goal is to find funding at the state level.''

He wouldn't identify that source of funding, nor say what programs would lose out as a result of shifting money from one part of the budget to the other.

In recent weeks, state economists have estimated that, due to declines in property values, schools will receive about $150 million less statewide if tax rates remain the same. That budget hit was somewhat blunted by forecasts that class sizes wouldn't swell.

But the student population was on the rise, especially in South Florida, which is expecting about 6,000 more students from disaster-ridden Haiti.

Sales taxes make up the biggest decrease, accounting for 67 percent of the $1.2 billion in lower-than-anticipated state revenues forecast Tuesday. Corporate taxes -- which Scott plans to eliminate -- are also decreasing.

Overall, however, state revenues are growing, but at a much slower rate than anticipated when economists last met in August.

``We're definitely seeing year-over-year growth,'' said Amy Baker, the Legislature's chief economist. ``But it's very, very slow.''

This economic forecast will underpin the budget Scott will propose. The economists from the governor's office, tax department and Legislature will meet again before the Legislature convenes its 60-day March session to hammer out the final budget for the fiscal year, beginning July 1.

The top budget writers for the House and Senate are also puzzled by Scott's pledge to cut taxes in a year of big budget holes.

``I haven't heard from him how he'll do it all,'' state Sen. J.D. Alexander, R-Lake Wales said, echoing his House counterpart, state Rep. Denise Grimsley, R-Sebring.

So far, the soft-spoken Scott has listened more than he has talked to legislators. From the questions Scott posed, it was clear that he wants to overhaul state workers' pensions and may tackle teacher tenure.

``What do you all think about employees contributing to the pension plan?'' Scott asked legislators. ``We are the only state in the country that state employees don't contribute'' to their pensions.

The sea of red ink increases the likelihood that Scott and his fellow Republicans who control the Legislature will also fire state workers, cut pay and reduce programs like Medicaid -- the biggest budget cost driver. Right now, the state budget stands at $70 billion, but $2.6 billion of that is federal stimulus money that the state won't get next year.

But, as of now, the specifics remain elusive.

After Scott met with lawmakers, Waldman summed it up this way: ``I walked out with no clarity on anything.''

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Republicans block youth immigration bill

WASHINGTON -- Senate Republicans on Saturday doomed an effort that would have given hundreds of thousands of young illegal immigrants a path to legal status if they enrolled in college or joined the military.

Sponsors of the Dream Act fell five votes short of the 60 they needed to break through largely GOP opposition and win its enactment before Republicans take over the House and narrow Democrats' majority in the Senate next month.

President Barack Obama called the vote "incredibly disappointing."

"A minority of senators prevented the Senate from doing what most Americans understand is best for the country," Obama said. "There was simply no reason not to pass this important legislation."

Dozens of immigrants wearing graduation mortarboards watched from the Senate's visitors gallery, disappointment on their faces, as the 55-41 vote was announced.

"This is a dark day in America," said Jorge-Mario Cabrera, a spokesman for the Coalition for Humane Immigrant Rights in Los Angeles. "The Senate has ... thrown under the bus the lives and hard work of thousands and thousands of students who love this country like their own home, and, in fact, they have no other home."

Hispanic activists and immigrant advocates had looked to the bill as a down payment on what they had hoped would be broader action by Obama and the Democratic-controlled Congress to give the nation's 10 million to 12 million illegal immigrants a chance at legal status.

It targeted the most sympathetic of the millions of illegal immigrants - those brought to the United States as children, who in many cases consider themselves American, speak English and have no ties to or family living in their native countries.

"They stand in the classrooms and pledge allegiance to our flag," said Sen. Dick Durbin, D-Ill., the bill's chief sponsor. "This is the only country they have ever known. All they're asking for is a chance to serve this nation."

Critics called the bill a backdoor grant of amnesty that would encourage more foreigners to sneak into the United States in hopes of being legalized eventually.

"Treating the symptoms of the problem might make us feel better ... but it can allow the underlying problem to metastasize," said Sen. Jon Kyl, R-Ariz. "Unfortunately, that's what's happening at our border."

The legislation would have provided a route to legal status for an estimated 1 million to 2 million illegal immigrants who were brought to the U.S. before age 16, have been here for five years, graduated from high school or gained an equivalency degree and who joined the military or attend college.

Democrats' determination to vote on the bill before year's end reflected the party's efforts to satisfy Hispanic groups whose backing has been critical in recent elections and will be again in 2012. They said they'll try again in the next Congress, despite the increased GOP presence.

"The echo of this vote will be loud and long," said Rep. Luis V. Gutierrez, D-Ill., a key House sponsor of the bill. "We are at the tipping point that will define the political alignment of the Republican and Democratic parties with Latino voters for a generation."

"This country has a history of opening its arms," said Sen. Barbara Boxer, D-Calif. "Today, it's arms were closed, but we're going to get there."

Three Republicans - Robert Bennett of Utah, Lisa Murkowski of Alaska and Richard Lugar of Indiana - joined 50 Democrats and the Senate's two independents in voting for the bill.

Five Democrats - Max Baucus and Jon Tester of Montana, Kay Hagan of North Carolina, Ben Nelson of Nebraska and Mark Pryor of Arkansas - joined 36 Republicans in blocking it. Not voting were Republican Sens. Jim Bunning of Kentucky, Orrin Hatch of Utah and Judd Gregg of New Hampshire, and Democratic Sen. Joe Manchin of West Virginia.

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GOP fundraiser Alan Mendelsohn pleads guilty to scheme

A prominent Broward County ophthalmologist who raised millions for Republicans and once advised Gov. Charlie Crist pleaded guilty Thursday to scheming to bilk the U.S. government -- including failing to report $82,000 in political donations secretly given to a former state senator.

Dr. Alan Mendelsohn, 52, pleaded in Fort Lauderdale federal court to a single conspiracy charge, which also accused him of lying to federal agents. He is eligible to receive about two years in prison under sentencing guidelines, but his lawyers plan to seek significantly less punishment from U.S. District Judge William Zloch.

Zloch set Mendelsohn's sentencing for Feb. 17.

The Mendelsohn case was among a string of corruption investigations stretching from South Florida to Tallahassee in recent years.

Although the ex-senator is not identified in Mendelsohn's plea agreement, he told the judge that Mandy Dawson, a Broward Democrat, received the secret political donations. Mendelsohn said that Dawson approached him and a Tallahassee lobbyist to hire her aide, Venica Blakely, to work for their political action committees.

``She made this request repeatedly,'' said Mendelsohn, noting that he and the lobbyist hired Blakely because they were concerned Dawson would retaliate by not supporting legislation for the medical profession. He told the judge that he and the lobbyist, Stephen D. Hull, knew that Blakely ``was passing some or all of the money to Sen. Dawson'' between 2003 and 2005.

Zloch asked Mendelsohn if this practice applied to other state legislators -- that otherwise ``they won't give you the time of day'' in Tallahassee. ``Absolutely,'' Mendelsohn said. ``In stronger words, you're toast.''

Zloch expressed disgust over the notion of pay-to-play politics, saying: ``This is a pretty sorry state of affairs with regards to what goes on in the statehouse.''

Dawson, 54, has not been charged in the Justice Department's four-year corruption investigation into Mendelsohn and state officials.

Dawson could not be reached for comment. Her mother, who lives in Daytona Beach, said she had not heard from her daughter in a while.

Blakely's attorney, Michael Doddo, would only say that ``justice has prevailed in this case.''

Mendelsohn, initially indicted in September 2009 on dozens of fraud charges, was facing trial in January. He admitted failing to report $700,770 in income diverted from three political action committees, according to court documents filed with his plea agreement. This month, he had to pay the IRS back taxes of $196,215 from 2003-06.

Mendelsohn used some of the political proceeds for his children's private high school education, SAT tutoring, a luxury car, home renovations, a mistress and other personal expenses, according to court records.

Mendelsohn had to sell his Hollywood medical practice, Eye Surgeons & Consultants, to help pay those taxes. He will be able to keep his medical license because his conviction is not related to his profession, and he plans to continue practicing in Broward, according to his attorneys Alvin Entin and John Keker.

Mendelsohn's fall is one of the stranger tales in Tallahassee history: He boasted of his close ties to Crist, whose transition team he served on in 2006. He also bragged about his connections to other GOP players, to dupe contributors into donating millions of dollars for campaigns, lobbying and other political activities, according to prosecutors.

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Florida political muscle grows in Congress

WASHINGTON -- For a state its size, Florida has not wielded considerable clout on Capitol Hill in years. But that's about to change: Republican control of the House in January will boost the state's influence, with three Floridians chairing three key committees.

Miami's Ileana Ros-Lehtinen will chair Foreign Affairs, Orlando's John Mica will head the Transportation and Infrastructure Committee, and the Panhandle's Jeff Miller will chair the Veterans' Affairs Committee.

The delegation's dean, St. Petersburg Republican Bill Young, is likely to once again chair the powerful defense appropriations subcommittee that has doled out tens of millions of dollars to state military installations, and Miami Republican Mario Diaz-Balart and Sarasota's Vern Buchanan have been appointed to seats on key budget and tax writing committees -- Appropriations, and Ways and Means, respectively.

Also, incoming Sen. Marco Rubio is already a rising star -- tapped to second the nomination of Sen. Mitch McConnell for minority leader.

Republicans say the country's fourth-biggest state will have the ear of leadership and access to the power circle -- the extent to which Florida hasn't seen since the 1980s. That was when senior Democratic congressmen such as Claude Pepper, Dante Fascell and William Lehman chaired major committees, put their stamp on legislation and steered money home.

``The chairs are all at the leadership table with the speaker on a very regular basis,'' said Miller, whose committee oversees the Department of Veterans Affairs and its $119 billion budget. ``It gives Florida an opportunity to have a major voice in many of the issues that will be coming before the 112th Congress.''

LESS PORK?

But unlike past years when clout often translated into pork sent back home, Republicans face a new political reality: They are coming into power during a wave of voter discontent, and may be forced to scrap funding for hometown projects as they seek to downsize government and rein in federal spending.

``That Brinks truck is going to be more like a Brinks Volkswagen,'' suggested Bob Burleson, president of the Florida Transportation Builders' Association, which nevertheless hailed Mica's ascension to the committee that will write a national blueprint for transportation spending. ``There just isn't that much money, but we certainly at least will get our fair share of what little money there is to hand out.''

Diaz-Balart, who acknowledged his committee was once the prime ladler of pork, said it's now charged with ``bringing sanity to our fiscal house, to our fiscal situation.''

Even without the largess, he expects benefits to the state by having members in powerful positions.

``We've got Florida people in key positions when the key decisions are being made,'' Diaz-Balart said.

Mica, who has ties to Miami and has toured the area during rush hour with Diaz-Balart, said he's eager to see Florida projects get off the ground.

``Some have already started and I will be in a position to nudge them along,'' he said. ``I've got an eye on Florida, but I can also take you through the rest of the country.''

One priority, he said, improving rail service up North.

A CONCERN

Broward Democrat Rep. Debbie Wasserman Schultz, who will lose her post as chair of the appropriations subcommittee that oversees the legislative branch, agreed that the GOP clout could benefit the state. But she noted that a top Republican leader has suggested a priority will be ensuring that President Barack Obama serves just one term.

``It's a good thing that Florida has some veterans chairing committees, however I'm gravely concerned about the direction they're going to take this country,'' said Wasserman Schultz, who was promoted to vice chair of the Democrats' Steering and Policy Committee and will serve as a chief deputy whip. ``If all you're doing is holding oversight hearings and your priority, like [Senate Minority Leader] Mitch McConnell is to defeat President Obama, that's not going to be productive for the state of Florida. Having power is important but it matters what you do with it.''

All three committee chairs said oversight and trimming costs will be priorities: Ros-Lehtinen has already identified ``a number of cuts'' to the State Department and foreign aid budgets she'd like to make. Diaz-Balart said he's hoping to land a slot on the appropriations subcommittee that oversees the State Department and foreign operations. And Miller said he wants to beef up the committee's oversight operations -- including looking into problems with improperly sterilized medical equipment at veterans' hospitals, including Miami's.

But the committees themselves may be smaller: Incoming House Speaker John Boehner said in an interview to be aired Sunday on 60 Minutes that one of the House's first votes will be to cut congressional budgets, including his own, by 5 percent.

Florida's status as a presidential swing state for both parties is likely to continue to bolster its profile -- as evidenced by this week's Transportation Department announcement. Agency officials said Thursday they are giving Florida more than $300 million for a bullet train.

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Legislators inadvertently give 'pill mills' a break

TALLAHASSEE -- In their zeal to slow down government regulations, Florida lawmakers have inadvertently halted an effort to regulate so-called ``pill mills'' that fuel an epidemic of prescription drug abuse.

The regulations were set to take effect Sunday for most pain clinics. But they are stalled by a new law intended to crack down on expensive state regulations. The law requires legislative approval of rules that have a significant fiscal impact.

That means the regulations could be in limbo until next spring when the 2011 legislative session convenes, according to state health officials.

``I would like legislators to explain the fact that the drug epidemic continues to grow while they remain silent,'' said Lynn Locascio, a Crystal Beach woman who founded Parents Against Prescription Drug Addiction. ``We feel like we're back to square one banging our heads against the wall.''

Locascio's 26-year-old son, Robert Palmisano, has been clean from pills since 2006. Before that, he was one of hundreds of addicts who went from doctor to doctor to get their fix of pain meds such as Oxycodone.

The new regulations provide basic standards for pain clinics, including how patients are evaluated and the physical specifications of offices. The rules also require unannounced inspections each year. Many clinics are currently unregulated because they don't accept health insurance.

``If you accepted only cash, there were no regulations,'' said Paul Sloan, who runs a Venice-based pain clinic and heads an association that supports the rules. ``An inspector can't go in and say, `Gee, you don't meet the rules' when there are no rules.''

The new law regarding agency rule-making -- enacted last week when the Legislature overrode a veto by Gov. Charlie Crist -- requires legislative approval of new rules that cost more than $1 million over five years.

There are now roughly 600 rules proposed by agencies that have not yet taken effect. It's difficult to know how many of those will require final legislative approval because agencies have to prepare a more comprehensive cost estimate.

The state Board of Medicine will discuss the pain clinic regulations at a Dec. 3-4 meeting in Orlando.

Afterward, the board will review an updated cost estimate to see if the new rules must be ratified by lawmakers.

Under the new law, if a proposed rule needs legislative approval if it has more than a $1 million adverse impact over five years on economic growth, competitiveness, employment, investment, job creation, or regulatory costs.

So what will happen in the meantime?

``What's going to happen is nothing,'' said Sen. Mike Fasano, R-New Port Richey. ``And seven more people will die each and every day until the Legislature ratifies these rules that are being approved by the Board of Medicine and the Department of Health.''

Fasano was a lead supporter of pill-mill regulations and also voted against overriding Crist's veto of the bill last week, arguing it needed more study.

Sponsors of the rule-making bill stood behind their decision to enact the law, saying it was needed to reduce regulations.

Although much of the focus of the law is on the cost to regulated businesses, House sponsor Rep. Chris Dorworth, R-Lake Mary, portrayed it as an effort to save tax dollars.

``Our goal is to get a firm grip on rules that have a high level of expense for state government,'' he said.

Cracking down on prescription drug abuse has received wide support in the Legislature.

The new drug regulations were passed in 2009, and lawmakers approved setting up a statewide database this spring to track drug purchases and monitor ``doctor shopping'' by addicts.

The database was supposed to be in place Dec. 1, but has stalled because of a contract dispute. There is only enough money to run the database for a few months because lawmakers ordered it to operate solely on donations.

``We need to start checking on these pain clinics that are operating illegally and start shutting them down,'' said Bruce Grant, director of the state Office of Drug Control and an advocate of ``pill mill'' regulations. ``It's not in the interest of Florida to have these pain clinics operating without any guidelines. Any help we could get would be appreciated.''

Tallahassee Bureau chief Steve Bousquet contributed to this report. Lee Logan can be reached at llogan@sptimes.com or (850) 224-7263.

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Miami city manager announces staff promotions

As he prepares to step aside next month, Miami City Manager Carlos Migoya announced the promotion of key deputies Tuesday in moves that could presage who is likely to replace him at the helm of City Hall.

The changes are intended to leave an administrative structure in place for when Migoya leaves his post Dec. 31, said Mayor Tomás Regalado, who plans to reveal his choice to replace Migoya at a Dec. 16 city commission meeting.

Migoya promoted Tony Crapp Jr., the chief of operations and assistant city manager, to deputy city manager. Replacing Crapp will be Luis Cabrera, the deputy chief of police -- prompting a domino effect at the Miami police department.

``What Carlos is trying to do is help us in creating an executive team so the new manager will have a very smooth transition,'' Regalado said.

At Regalado's request, Migoya, whose entire career had been as a banker, took the city's top job without a salary in February to shore up the city's sinking finances. He has been preparing his exit since commissioners signed off on Miami's budget in September.

His handoff plan involves bringing back the deputy city manager position -- giving Crapp oversight of all of Miami's departments except police, fire, and equal opportunity and diversity.

Crapp, 37, has been with the city since 1996, when then-Commissioner Regalado hired him as a legislative assistant. He eventually became Regalado's chief of staff before joining the administration earlier this year to manage a slew of departments, including solid waste, parks and grants.

``The transition to the administration really helped me to see both sides, the policymaking side and the administrative side,'' said Crapp, adding that his $140,000-a-year salary will remain the same.

Crapp will be replaced by Cabrera, who was a police department lieutenant in charge of employee relations before he was appointed to the deputy chief post in December as part of a leadership shake-up when Chief Miguel Exposito took over the department.

Exposito promoted Cabrera along with nearly 20 other officers.

Cabrera will remain a sworn police officer, and his $163,343.35 salary will stay unchanged, said Regalado. The mayor has known Cabrera since he was a neighborhood resource officer in Regalado's Flagami commission district 12 years ago.

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Florida lawmakers pare list of vetoes to override

TALLAHASSEE -- As Florida legislators meet Tuesday in a one-day special session to restore into law a handful of bills vetoed by Gov. Charlie Crist, they have agreed to remove two controversial items as a concession to both Gov.-elect Rick Scott and a bipartisan group of doctors and legislators.

Incoming Senate President Mike Haridopolos, R-Merritt Island, and House Speaker-designate Dean Cannon, R-Winter Park, agreed Monday to drop their attempt to override Crist's veto of a bill that would allow doctors to repackage and distribute prescription drugs to workers' compensation patients because the controversial issue would be better left to next year's regular session.

The new leaders also will not pursue a measure to remove the Department of Management Services from the governor's office and place it under the Florida Cabinet, whose members are independently elected, because Scott said he wants to reorganize the agency.

``He campaigned on the issue of reform and reorganizing government and, frankly, I think he's entitled to that opportunity,'' Cannon said of Scott.

Scott met privately with Haridopolos on Saturday during the Florida State University football game and urged lawmakers not to override the DMS veto. Scott campaigned on cutting millions of dollars in state government expenses to finance deep property tax cuts.

The Department of Management Services, which handles most state government contracting and building management, is expected to be one agency where Scott hopes to find deep savings.

``You're going to see, I hope, the governor and Legislature as much as possible [work] in concert,'' Haridopolos said. ``When the governor-elect expressed concerns about our veto override, he was given every consideration.''

Legislators will convene Tuesday first to swear in House and Senate members for the next two-year term of the Florida Legislature. They will then meet for a half-day special session to take up seven veto overrides.

Lawmakers will also take up three new bills: a measure to authorize rebates to consumers who purchased solar-energy and high-efficiency heating and air-conditioning units; a message to Congress in support of Medicaid reform; and a proposal to hold off on a new septic-tank testing rule.

GOP STRENGTH

The session is an opportunity for Republican leaders to flex their newfound muscle after winning veto-proof majorities in the House and Senate on Nov. 2. It is also a show of force against Crist, who bucked their party and ran unsuccessfully as an independent for U.S. Senate.

``We want to make sure tomorrow goes as smoothly as possible, and we wanted to pick bills that we thought were in unison with everyone, Democrats and Republicans alike,'' Haridopolos told reporters Monday.

But some Democrats and environmentalists say Republican leaders are intentionally leaving one controversial bill on the table. The measure, HB 1565, would allow lawmakers to ratify any administrative rule that would cost small businesses a total of $200,000 a year or $1 million over five years. Cannon and Haridopolos see it as a way to restore legislative authority over policy.

Environmentalists argue that the measure will effectively put a stop to all agency rule-making -- from water-protection standards to economic-development programs -- because most state-issued rules will have a cumulative cost when implemented.

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The 2010 electorate: Old, white, rich and Republican

WASHINGTON -- The 2010 elections turned into a rout of the Democrats because the elderly and wealthy surged to the polls to help sweep the Republicans back into power, and the balance of women's votes shifted to the GOP as well, according to a new report.

The study released Monday by Project Vote, a nonpartisan, nonprofit group, also found that turnout by pro-Democratic blocs such as African-Americans, young people and Latinos dropped sharply from 2008 levels, leaving a lopsided pro-Republican electorate to dominate the national landscape.

Most of these trends are normal in nonpresidential elections, because presidential campaigns galvanize broader turnout trends. In most ways, turnout in 2010 was similar to the last midterm election in 2006.

However, one striking development helped Democrats in a few races: Hispanic voting surged in several states, helping Democrats win hotly contested Senate races in California, Colorado and Nevada.

Perhaps the most significant point about voter turnout in 2010 is how many voters didn't vote. Some 38 percent of eligible voters didn't vote in 2008, and this November, 33 percent didn't show up, which means that "nonvoters were the majority in 2010," the report said.

Compared with 2008, voting dropped off this year particularly among pro-Democratic groups:

-Young voters were down by 55 percent.

-African-Americans were down by 43 percent.

-Hispanics were down by 40 percent.

Of those voters who did show up this year, four out of five were white, one in 10 was African-American and one in 13 was Latino. The analysis is based primarily on exit poll data and preliminary estimates from the U.S. Elections Project.

Senior citizens turned out in force - their turnout was 16 percent higher than in the last midterm election of 2006, and 59 percent of them voted Republican, up 10 percentage points from 2006. While voters 65 and older are about 13 percent of the U.S. population, they made up 21 percent of this year's electorate.

Rich people voted heavily too. Total ballots cast by people making $200,000 a year or more expanded by 68 percent over 2006, the study found. Those making from $100,000 to $200,000 cast 11 percent more ballots than they did in 2006. The share of the vote declined for those making less than $50,000 annually.

"It is fair to say that 2010 was the year of older, rich people," the study said.

It's also fair to say that they tilted Republican more than the expanded electorate of the 2008 presidential campaign. For example, this year fully 41 percent of voters said they supported the tea party movement.

Women voters' turnout surged significantly over 2006 as well - and the traditional gender gap vanished. In 2006, women voted Democratic by 55 percent to 43 percent for Republicans. This year, women voted 49 percent for Republicans and 48 percent for Democrats.

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No-panhandling zone widens to keep beggars away

Miami commissioners nearly doubled the size of the city's no-panhandling zone Thursday, aiming to keep beggars away from Miami Heat games and arts performances that lure tourists and visitors to the heart of downtown.

The expansion, approved unanimously, will prohibit panhandlers from asking for cash around the Adrienne Arsht Center for the Performing Arts and in blocks north and west of AmericanAirlines Arena, near the lots where people who attend basketball games park their cars.

``This is the very beginning of taking back the streets of Miami,'' said Commission Chairman Marc Sarnoff, whose district includes downtown. ``If you want to build Miami, it starts at the very core of Miami.''

The city's Downtown Development Authority, which pushed for the creation of the no-panhandling zone, asked for the expansion. The agency argued that penalizing beggars with fines and the threat of jail time has helped businesses flourish and is necessary to keep people coming to events at downtown venues.

Critics of the zone, including the American Civil Liberties Union of Greater Miami, countered that it is unnecessary because Miami already bans aggressive panhandling citywide. And turning panhandlers -- who are often homeless -- into criminals gives them a record and makes solving long-term poverty and homelessness more difficult.

In the Broward city of Oakland Park, the City Commission has backed off a controversial plan to jail panhandlers, and the Good Samaritans who help them, after threats of lawsuits and a firestorm of outrage

Oakland Park would have been the first city in Broward County to make it illegal to give a beggar money or any ``article of value,'' or buy flowers or a newspaper, on an Oakland Park street. The violator would have faced a fine or up to 90 days in jail.

``Criminalization of those who are homeless and on the streets only creates more obstacles for employment, for housing,'' said Rita Clark, policy director for the Miami Coalition for the Homeless.

But supporters of the downtown Miami zone, including a contingent of students from Miami Dade College's Wolfson Campus and numerous business owners, far outnumbered opponents at a packed City Hall.

``My customers -- whether they come from South Miami, Brickell, Coconut Grove or Coral Gables -- they don't need to be subjected to a gauntlet before they step into my restaurant,'' said Jose Goyanes, a longtime Downtown Development Authority board member. ``Give us our competitive advantage again in this community.''

The original zone, which comprised 6.69 miles, or about 1 percent of the city's total area, included portions of downtown's main thoroughfares, Flagler Street and Biscayne Boulevard.

The revised zone, which now stretches for 13.14 miles, or about 2 percent of the city's total area, adds blocks north and west, including two blocks of North Bayshore Drive by the Arsht Center, five blocks of North Miami Avenue and portions of Northwest First and Second avenues.

The four commissioners on the dais -- Commissioner Francis Suarez was absent at the time of the vote -- portrayed the expansion as vital for the area that accounts for about 30 percent of Miami's tax base.

``Something has to be done to protect the citizens,'' Commissioner Richard P. Dunn II said. ``There is a difference between homelessness and hustle.''

And commissioners said, in the future, they would consider further broadening the zone.

``They're going to be moving to another area,'' Commissioner Wifredo ``Willy'' Gort said of panhandlers. ``The whole Miami-Dade County's got to share this responsibility.''

This report was supplemented with material from the Sun Sentinel.

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Tea party criticizes citrus tax

TALLAHASSEE -- Fresh off promising that the Florida legislature won't raise a dime in taxes, lawmakers on Tuesday enacted a law that allows citrus growers to triple the one-cent per box tax on oranges and grapefruits to pay for disease research.

The measure, tucked into HB 981, an agriculture bill overridden on Tuesday, won't raise much money in revenue terms -- between $3.5 million to $4.5 million a year. It's a tax the industry asked to have imposed on itself, so that it can use the proceeds to fight the citrus greening disease and, growers say, they'll likely eat the cost.

But for tea party activists who trooped up to the Capitol Tuesday to remind legislators that they are watching, the measure doesn't pass the purity test. To them, it is proof that lawmakers have difficulty matching rhetoric with reality.

``This isn't what they told us about this bill,'' said Everett Wilkinson, head of the South Florida tea party group who came to the Capitol. ``It's obvious they have a hard time following through on their word.''

Senate President Mike Haridopolos addressed about 70 tea party activists Tuesday during the one-day special session to override eight of Gov. Charlie Crist's vetoes, including the agriculture bill. He said he asked the citizen groups to hold lawmakers accountable.

``We will do more with less, we will tighten our belt and we will not raise taxes a single dime,'' Haridopolos promised during his Tuesday speech to senators.

But Haridopolos, a Republican from Merritt Island whose district includes part of the state's citrus growing regions, said he disagrees that the ``citrus research assessment'' qualifies as a tax. It allows the industry to raise up to three cents per box on 90-pound boxes.

``This was not a tax passed by the Legislature,'' Haridopolos said. ``If folks vote to tax themselves, that's their choice.''

Under the bill, the Legislature created the Citrus Research and Development Foundation and allowed it to raise the box tax from one to three cents. A 1992 state law authorized the citrus industry to impose the box tax to pay for citrus marketing. Growers were to be surveyed every six years to see if they wanted to continue to impose the tax on themselves, said Andrew Meadows, spokesman for the Florida Citrus Mutual.

In December 2009, growers voted to continue the tax, establish the foundation, and raise the tax to three cents to finance research into HLB, the citrus greening disease. The contagious disease is found in 32 citrus-producing counties and is destroying trees and threatening the $9 billion industry, Meadows said.

``To say this is a worldwide citrus crisis is not an exaggeration,'' he said.

Meadows said that because citrus growers have to accept whatever price orange juice processors pay them, ``growers will eat the tax.''

Wilkinson, of the tea party, doesn't see it that way. ``If they wanted this, why couldn't they simply pay for it with their own funds?,'' he asked. ``In the end, it's going to be passed on to the consumer. We need to ask ourselves if we want the government involved in more things or not.''

Haridopolos acknowledged that while many legislators campaigned on the principles espoused by the tea party -- less government, reduced state spending and lower taxes -- they wouldn't always agree.

``I don't know if we're ever going to do things perfectly,'' Haridopolos said. ``In this case, the folks who grow oranges felt their industry could be severely jeopardized if they did not find the revenue sources to fight this major problem.''

Herald/Times staff writer Steve Bousquet contributed to this report.

Mary Ellen Klas can be reached at meklas@ MiamiHerald.com

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Senator blasts VA over handling of Lejeune veterans' claims

WASHINGTON — The top Republican on the Senate Veterans' Affairs Committee blasted the Department of Veterans Affairs on Thursday for not communicating about how it's handling medical claims from Marines who were once stationed at Camp Lejeune, N.C.

Sen. Richard Burr of North Carolina said his staff learned from a constituent that medical cases from across the country were being consolidated at the Veterans Affairs regional benefits office in Louisville, Ky.

Since March, some 200 Marine veterans have applied to have their disabilities connected to water contamination at Lejeune. So far, only about 20 have been granted connections.

The water was poisoned from the mid-1950s to the mid-1980s with trichloroethylene, tetrachloroethylene, benzene, vinyl chloride and other chemicals. The chemicals have been linked to a host of cancers and other diseases.

Some advocates and Marine veterans said they felt cautiously optimistic about the consolidation, hoping that it will streamline the process of connecting disabilities to the poisoned water.

"There have been some signs of slow progress" at the VA, Burr said during a Senate hearing.

But, he said, his staff was unable to find out why the VA has denied so many claims. And, he said, the agency should have told the committee about its plans to consolidate claims at Louisville.

"While this is possibly welcome news, the VA did not proactively inform me or any member of this committee of the change in this process," Burr said.

"This latest episode is another example of the broader problem we face with the bureaucratic culture of a VA that does not welcome oversight and resists information sharing," Burr said.

Calls to VA officials Thursday requesting comment weren't returned.

Former Marine Sgt. Andy Zelenski of Bridgeport, Ohio, told McClatchy on Thursday that he learned Monday that his case had been moved from Cleveland to Louisville. An official in the VA office in Washington told him that the cases were being consolidated in Louisville, Zelenski said.

"He said it's going to be more beneficial to all veterans because the people trained on the chemicals and on the diseases related to the chemicals," said Zelenski, 50. He suffers from a host of ailments, including kidney disease, renal failure and neuropathy.

"I'm hopeful," Zelenski said. "I don't know if it's a small sense of hope, but... they're trying to get a handle on this issue."

His case, first filed in 2006, has been denied at least once. He said Thursday that he'd now been told to expect an answer about his case within two weeks.

ON THE WEB

Department of Veterans Affairs fact sheet on Camp Lejeune water contamination

Department of Veterans Affairs benefits

The Few, The Proud, The Forgotten: Camp Lejeune Toxic Water

Camp Lejeune Historic Drinking Water

About Camp Lejeune

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`We will spend less,' says Senate President Mike Haridiopolos

TALLAHASSEE -- Promising to slim government and spark the state economy, new leaders of the Florida House and Senate leaders were officially sworn in today.

Michael John Haridopolos and Roy Dean Cannon Jr. were installed as the new Senate president and House speaker, respectively. Together, the two men will preside over the first Republican-led, veto-proof Florida Legislature since Reconstruction.

``We're facing a $2.5 billion shortfall,'' Haridopolos, R-Merritt Island, said after being sworn in. ``We have two options: raise taxes or spend less. We will spend less.''

Said Cannon, R-Winter Park: ``Our mission over the next two years is to bring sanity to the government's role in the private sector. Our mission is to ask ourselves whether every action we take will promote freedom and empower businesses to create jobs.''

Missing from the ceremonies today was Republican Gov.-elect Rick Scott, who instead attended the Republican Governor's Association meeting in San Diego. Scott's campaign manager Susie Wiles, who is overseeing his transition into the governor's office, was in the Capitol today and Monday visiting with lawmakers.

In addition to the speeches from Cannon and Haridopolos, 54 freshman members were sworn in to the two chambers with their families seated next to them on the chamber floor and friends and lobbyists looking on from the gallery. The large number of new members is mostly due to term limits: Eight incumbents were defeated this year: Seven Democrats in the general election and one House Republican in a primary.

In an amusing moment, Rep. Jimmy Patronis' toddler son yelled ``Nay'' to a motion to install the new Florida House. Patronis, R-Panama City, held the boy in the air as the House chamber erupted in laughter and applause.

Lawmakers won't wait long to flex their new muscle. The chambers will return this afternoon to override a handful of Gov. Charlie Crist's vetoes from earlier this year.

In the Senate this morning, 13 new members were installed, including Republican Jack Latvala of St. Petersburg who returns after an eight-year break and Democrat Gwen Margolis of Aventura who starts her third cycle under term limits. Termed-out lawmakers can return to the House or Senate after two years.

Crist attended the Senate ceremonies this morning and received a polite welcome.

Before the Senate convened, Senate Democrats elected the first two-woman slate to head their smalled caucus in decades. Sen. Nan Rich of Weston will become the next minority leader and her chief deputy will be Sen. Arthenia Joyner of Tampa.

``As the loyal opposition, we've got to be the voice of the voiceless,'' Joyner said. ``We know how to make it even in the worst of times.''

In the House, Democrats installed Rep. Ron Saunders of Key West as their caucus leader.

Cannon welcomed ``an era of collaboration and cooperation'' with the Senate. Acknowledging the Republicans' historic majority, he promised to preside over a ``fair and orderly'' chamber.

``I extend a pledge of fairness to members of both parties,'' Cannon said. ``But please remember that obstructionism is not the same as dissent and personal attacks are not the same as meaningful debate.''

Cannon gave the other 119 members of the chamber a Florida House lapel pen that he said was to serve as a reminder that ``you are part of something bigger than yourself.''

``It's something much bigger than the promises you made on the campaign trail and it's different from making a living in your private life,'' Canon said. ``Never forget that.''

Cannon also used his speech to take shots at the federal government and the Florida Supreme Court.

Cannon blasted Congress for ``taking over banks and financial institutions,'' ``socializing medicine'' and ``trampling the property rights of citizens and the sovereignty of states.''

Cannon said the Supreme Court's decision to strike several constitutional amendments - crafted by the Legislature - from the statewide ballot would ``endanger its reputation for impartiality.''

``These are just a few examples of threats to freedom and the cost that the loss of liberty has occasioned, but there are many others,'' Cannon said.

Haridopolos promised to limit lawsuits, cut regulations on businesses and not raise taxes.

``We will do more with less, we will tighten our belt and we will not raise taxes a single dime,'' Haridopolos said.

While pledging to give all bills a thorough hearing in several committees, Haridopolos gave this warning: ``If your piece of legislation raises a tax, makes it easier to file a lawsuit against a fellow Floridian or increases red tape, then I don't like your chances.''

Times/Herald staff writer Mary Ellen Klas contributed to this story.

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Israeli military leader: Give Iran penalties time

WASHINGTON -- Israel's military chief says his country has "some time" to determine whether international penalties against Iran will be enough to persuade Tehran not to build a nuclear bomb.

That comment from Lt. Gen. Gabi Ashkenazi (GAH'-bee ahsh-kehn-AH'-zee) compares with harsher language from Israeli leaders earlier this month when they urged the U.S. to issue a "credible military threat" against Iran.

Ashkenazi, who heads the Israel Defense Forces, said at the Pentagon on Wednesday that the latest round of U.S. and U.N. penalties against Iran are working for now.

He said the real question is whether the penalties will be enough over the long term.

Ashkenazi said there's still "some time" to see what "the final outcome" will be.

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Gov. Charlie Crist will pursue pardon of Doors rocker Jim Morrison

Gov. Charlie Crist said he has made up his mind and will pursue a posthumous pardon of rock icon Jim Morrison of the Doors, who was convicted of exposing himself during a Miami concert in 1969.

Crist said he began looking into the case a couple years ago after he was asked about it by a news reporter.

``The more I looked into it, the more I felt the right thing to do would be to try bring about a pardon,'' Crist said Tuesday in an interview with the St. Petersburg Times. ``And I've reached that conclusion now, that's what I'm going to do.''

A jury in 1970 convicted Morrison of indecent exposure and open profanity, though he was cleared of a more serious felony count of lewd and lascivious behavior and public drunkenness. He was sentenced to six months in jail, but died two years later in Paris while the case was under appeal.

Whether Morrison ever actually exposed himself during the concert, however, has been a matter of intense speculation and debate over the years.

Crist said he wasn't convinced after reviewing the case that Morrison did ``what he was charged with here.''

``We really don't know if the alleged act occurred,'' Crist said.

Although there are many photographs of the concert, none showed proof that Morrison exposed himself. And there was no video or other tangible evidence, Crist said. A half-dozen prosecution witnesses at the trial, including police officers working at the concert, said they saw what they saw, but plenty of defense witnesses said they saw nothing.

``He was a young guy who maybe, or maybe not, made a mistake,'' Crist said. ``It strikes me that everyone deserves a second chance. You have to have the capacity for forgiveness.''

``Having been attorney general, it's hard for me to forget the words of (his predecessor) Bob Butterworth, 'It's important to prosecute the guilty, but maybe even more important to exonerate the innocent.' I think this may be such a case.''

Perhaps, Crist said, it was a case of a jury that felt ``making a point was more important than being right.''

Crist called Morrison an iconic figure in music history in our country'' and a ``tremendous talent.''

The current Clemency Board has one meeting left, Dec. 9 in Tallahassee. It takes just one member vote to put Morrison's case on the agenda, and then the votes of two members plus the governor to approve a pardon.

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Prosecutors drop two more charges in Chandra Levy murder trial

WASHINGTON -- Prosecutors on Monday dropped two more charges against the man accused of killing Chandra Levy.

With closing arguments now expected to start Tuesday, the decision to drop kidnapping and attempted robbery charges against accused killer Ingmar Guandique leaves only two felony murder counts remaining.

At its peak, the prosecutor's case against Guandique included a total of nine charges, among them attempted sexual assault, obstruction of justice and other crimes. Seven of these charges have now been dropped.

With Levy's mother, Susan, watching from the audience, Guandique on Monday formally declined the chance to testify in his own defense.

A poorly educated, Spanish-speaking illegal immigrant from El Salvador, Guandique said through a translator that he would not take the stand in a case that's now down to a few final witnesses.

"It's your decision to make," D.C. Superior Court Judge Gerald I. Fisher assured Guandique, adding that "I will instruct the jury at the end of the trial that they cannot use that decision as evidence of your guilt."

Guandique answered a series of Fisher's questions with simple "yes" or "no" answers, spoken through an interpreter.

By staying off the witness stand, the 29-year-old Guandique avoids what could be a withering cross-examination that would bring to light more of his criminal record. Jurors, for instance, do not currently know Guandique is now serving a 10-year federal prison sentence for attempted robbery.

Guandique is dressed in civilian clothes for trial, with his shackles removed and his neck tattoos covered up with turtleneck sweaters.

Prosecutors say Guandique killed the 24-year-old Levy on May 1, 2001, in Washington's Rock Creek Park. Prosecutors initially theorized the murder occurred during an attempted sexual assault, but they dropped the assault charges last week.

Prosecutors previously presented some 40 witnesses over nine days, although only inmate Armando Morales directly tied Guandique to Levy's murder. A former member of the Fresno Bulldogs gang, and a one-time cellmate of Guandique, Morales testified that Guandique confessed in 2006 to killing Levy as part of a robbery.

On Monday, defense attorneys continued their effort to challenge the credibility of Morales. Morales had claimed a sexily clad defense investigator had come to a rural Virginia jail, where he is being temporarily housed. His implication was that the investigator was wearing shorts and a tight shirt in order to increase her allure.

But the 25-year-old investigator, Brianna Bond, insisted that she actually wore gray slacks, a short-sleeved shirt and a sweater.

"These are my jail slacks," Bond said, holding up a pair. "They're a little frumpy."

Defense attorneys also have summoned jailers to discuss their dress code for visitors, hoping to convince jurors that the Morales testimony defied credibility. During her testimony Monday, Bond wore a conservative black pantsuit.

The defense presentation could finish by Monday afternoon, with testimony from an inmate who also has been called to challenge the credibility of Morales. Prosecutors are likely to present several additional rebuttal witnesses.

With closing arguments possibly taking place Tuesday or Wednesday morning, the jurors could start deliberating as early as Wednesday afternoon.

The makeup of the jury itself became a little more clear Monday, as the court released some preliminary information. The 16-member jury panel, which includes four alternates, includes two journalists, an attorney, an engineer and an individual engaged in the hospitality profession.

Ten of the 16 jury panel members graduated from college or have some post-graduate academic background. Only one of the 16, a claims examiner, attended no college.

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How will Scott lead? Follow his early clues

TALLAHASSEE -- Rick Scott's improbable journey from political unknown to Florida governor took just seven months. Keeping his many promises will take much longer.

``I think what people expect is, they expect me to do what I said,'' Scott says. ``I'm willing to upset the apple cart and say we've got to do business differently here now, and I think that's not the easiest thing to do.''

By labeling himself ``the jobs governor,'' Scott carries the burden of reviving Florida's economy. He wants to be held accountable and he senses political traps ahead. After all, he has lived in the private sector, is unfamiliar with how the state Capitol works and has no experience at political leadership.

How effectively he uses the bully pulpit of governor will shape his success.

``Nobody did it better than Jeb Bush. We have no idea whether Rick Scott can do that or not. That's an unanswered question,'' said Pete Dunbar, a lobbyist, former Pinellas County lawmaker and one-time counsel to former Gov. Bob Martinez. ``He may turn out to be like Lawton Chiles or Bob Graham, who were not effective in relation to their legislative voice. Or he could turn out to be like Jeb Bush and Reubin Askew, who were strong-voiced governors and really threw their elbows around.''

Scott's narrow win over Democrat Alex Sink on Tuesday, coupled with a Republican sweep of all three Cabinet seats and gains in the Legislature, gives Florida its most conservative leadership in years.

Central to Scott's vision is a belief in smaller, limited government. That view is shared by Sen. Mike Haridopolos and Rep. Dean Cannon, incoming leaders of a veto-proof Legislature.

Scott has laid the groundwork for significant changes:

• On the economy, he pledges to create 700,000 jobs in addition to expected job growth in a state where more than one million people are unemployed.

• On education, he supports a re-do of a teacher tenure and merit-pay bill Gov. Charlie Crist vetoed in April, and he favors paying the best teachers more and expanding school choice.

• On the size of government, he wants to lay off 5 percent of state workers, require them to contribute to their pensions, and cut $1 billion from the prison budget.

• On abortion, he favors a law similar to Nebraska's, which prohibits abortions in most cases after the 20th week of pregnancy.

In addition, he wants to cut property taxes by 19 percent, phase out the corporate income tax over seven years, drug-test welfare recipients, recruit more private property insurers to Florida, make it harder to sue Florida businesses and enact an Arizona-style law to curb illegal immigration.

Trouble may lie ahead with legislative leaders who control political committees that funded vicious attack ads against Scott in the Republican primary. But Scott got 2.5 million votes, is now the titular head of the Republican Party, and he'll likely anoint the next state GOP chief, points he may need to remind Haridopolos and Cannon about.

MAN WITH A PLAN

When Scott takes the oath of office on Jan. 4, 2011, he will insist on benchmarking everything, with the goal of making Florida the best.

To hear Scott tell it, governing isn't complicated: It means having a plan and executing it.

``It's just like a business in that you write your plan and you staff your plan,'' Scott said. ``I'm going to staff my plan with the best people I can find.''

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New lineup ahead for state Cabinet

TALLAHASSEE -- A platform in the basement of the state Capitol has been the stage for some of the state's brightest political stars twice a month for the past four years.

But Tuesday, it was more like a political gallows: Two seated behind the rostrum lost statewide elections last week, a third was defeated in the August Republican primary and the fourth was dissuaded from seeking higher office in behind-the-scenes political negotiations last summer.

``It's a new day in Tallahassee,'' Gov. Charlie Crist said.

With term limits, there is regular turnover in the Legislature. This year, freshman lawmakers will hold one-third of the seats in both the state House and Senate.

But a fickle Florida electorate helped spark a historic mass exodus of the four statewide officeholders who gather twice a month for Cabinet meetings. None will return in January.

``That's historic. It's never happened since statehood,'' Republican Agriculture Commissioner Charles Bronson said .

Several agency heads said their goodbyes today to Crist and the Florida Cabinet, who meet once more in December before all are replaced by a new lineup. Bronson, who briefly considered running for governor, is the only one leaving because of term limits.

Crist's U.S. Senate loss to Republican Marco Rubio punctuated a bizarre political year for one of the state's most popular politicians that included being the first Florida governor to decline a bid for reelection since 1968, when the state Constitution was changed to allow it.

Republican Attorney General Bill McCollum and Democratic Chief Financial Officer Alex Sink also declined reelection bids only to be defeated by the same man: Republican Gov.-elect Rick Scott.

Scott on Tuesday made his first visit to the state Capitol since Election Day, holding private meetings with Crist and incoming House Speaker Dean Cannon, R-Winter Park, about transition plans.

``The reason I won the election is over one issue and that's getting the state back to work,'' Scott told reporters after meeting with Crist. ``So my whole goal, and the things I'm going to focus on when I take office, is how are we going to get the state back to work.''

Crist said he was ``hopeful'' for Scott and described him as ``very earnest.''

Crist plans to make his final appointments to various state boards and panels, despite a new governor taking over soon. One of Crist's first actions as governor was to rescind 283 appointments made by his predecessor, Jeb Bush.

While Crist and the Cabinet members know their successors (Bronson met Tuesday with incoming Republican Agriculture Commissioner Adam Putnam), none know exactly what their next step will be.

``I'm only 54,'' Crist said. ``I'll see you around.''

McCollum, 66, and Bronson, 61, both said they would look for consulting work. Sink, 62, said she had no immediate plans but would not rule out another run at political office.

``You should never say never,'' Sink said. ``I really thoroughly enjoy it.''

Times/Herald staff writers Steve Bousquet, Mary Ellen Klas and Lee Logan contributed to this report. Michael C. Bender can be contacted at mbender@sptimes.com

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Social Security judges facing more violent threats

WASHINGTON -- Judges who hear Social Security disability cases are facing a growing number of violent threats from claimants angry over being denied benefits or frustrated at lengthy delays in processing claims.

There were at least 80 threats to kill or harm administrative law judges or staff over the past year - an 18 percent increase over the previous reporting period, according to data collected by the agency.

The data was released to the Association of Administrative Law Judges and made available to The Associated Press.

One claimant in Albuquerque, N.M., called his congressman's office to say he was going to "take his guns and shoot employees" in the Social Security hearing office. In Eugene, Ore., a man who was denied benefits said he is "ready to join the Taliban and hurt some people." Another claimant denied benefits told a judge in Greenville, S.C., that he was a sniper in the military and "would go take care of the problem."

"I'm not sure the number is as significant as the kind of threats being made," said Randall Frye, a judge based in Charlotte, N.C., and the president of the judges' union. "There seem to be more threats of serious bodily harm, not only to the judge but to the judge's family."

Fifty of the incidents came between March and August, including that of a Pittsburgh claimant who threatened to kill herself outside the hearing office or fly a plane into the building like a disgruntled tax protester did earlier this year at the Internal Revenue Service building in Austin, Texas.

A Senate subcommittee is expected to hear testimony on Monday at a field hearing in Akron, Ohio, about the rising number of threats, as well as the status of the massive backlog in applications for disability benefits, which are available to people who can't work because of medical problems.

Nearly 2 million people are waiting to find out if they qualify for benefits, with many having to wait more than two years to see their first payment.

Judges say some claimants become desperate after years of fighting for money to help make ends meet.

"To many of them, we're their last best hope for getting relief in the form of income and medical benefits," said Judge Mark Brown, a vice president of the judge's union and an administrative law judge hearing cases in St. Louis.

While no judges were harmed this year, there have been past incidents: A judge in Los Angeles was hit over the head with a chair during a hearing and a judge in Newburgh, N.Y., was punched by a claimant when he showed up for work.

In January, a gunman possibly upset about a reduction in his Social Security benefits killed a security guard during a furious gunbattle at a Nevada federal courthouse.

About 1,400 administrative law judges handle appeals of Social Security disability claims at about 150 offices across the country. Many are in leased office space rather than government buildings.

Brown said the agency provides a single private security guard for each office building that houses judges. Frye said he has sought more security and a review of the policy that keeps guards out of hearing rooms. He said Social Security Commissioner Michael J. Astrue has promised to look into it.

Social Security Administration spokeswoman Trish Nicasio said the agency continually evaluates the level and effectiveness of office security and makes changes as needed.

"We are taking appropriate steps to protect our employees and visitors while still providing the level of face-to-face service the public expects and deserves," Nicasio said.

Visitors and their belongings are screened before entering hearing offices and hearings room, she said, and reception desks are equipped with duress alarms to notify the guard immediately of any disturbance.

---

Online:

Social Security disability program: http://tinyurl.com/23mb78r

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Pentagon investigates leak on gay study

WASHINGTON -- Defense Secretary Robert Gates has ordered an investigation into the leak of details from a draft study about gays in the military.

The report, not slated for release until after Dec. 1, concluded that allowing gays to serve openly would pose little harm to the military.

Details on the 370-page study were first reported Wednesday by The Washington Post and subsequently confirmed by other news organizations, including The Associated Press.

None of the information was classified. Opponents of repeal accused the Pentagon of leaking selective details to sway public perception.

Pentagon spokesman Geoff Morrell said in a statement Friday that "anonymous sources now risk undermining the integrity of the process."

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Rep.-elect Allen West picks conservative radio host Joyce Kaufman for top job

WASHINGTON -- Following a combative campaign, Rep.-elect Allen West has hired as his chief of staff a conservative radio talk show host from South Florida who has railed against illegal immigration, touted the tea party and pummeled President Barack Obama for speaking to schoolchildren.

Joyce Kaufman, 56, a radio presence for 20 years in South Florida, acknowledged on her show Tuesday that the appointment has her critics ``carrying on'' and saying ``nasty, terrible things'' about her.

``If I wasn't scaring the enemy and Lt. Col. Allen West wasn't scaring everybody, then we wouldn't be doing what we were called to do,'' she said. ``We're supposed to be different. He's supposed to be a different kind of representative.'

West was a frequent guest on Kaufman's 12 to 3 p.m. shift on WFTL-AM (850) during the election in which the tea party-backed candidate raised millions and tapped voter discontent to oust Democratic Rep. Ron Klein. The two also headlined a number of campaign rallies and Kaufman said in a telephone interview Tuesday that West had ``picked my brain for years. I've been on the air in the market for 20 years and if anyone knows what the district needs, I do,'' she said. She said she met Tuesday with ``the greatest advisors in the world,'' -- former Republican Reps. Clay Shaw and Mark Foley -- to talk about the job, which entails running the congressional office, hiring staff and advising West.

Kaufman can be as fiery as her new boss.

In September 2009, Kaufman was part of the nationwide outcry among conservatives who criticized President Barack Obama for a speech welcoming kids back to school.

In April 2010, she bashed Pompano Beach city commissioners for allowing a local Muslim leader to say a prayer in Arabic and English prior to a public meeting.

A 2007 Miami New Times profile included an accusation that she had said that illegal immigrants should be hanged in public squares as invaders. Kaufman told the newspaper that the ``hanging'' comment came from a listener and that it was taken out of context.

News reports said she likened House Speaker Nancy Pelosi Tuesday to ``garbage.''

West's campaign manager, Josh Grodin, who was named deputy chief of staff, said he wasn't familiar with Kaufman's show. But he said West is comfortable with her and is depending on Kaufman to tell him ``the truth, even when it's not good news.''

``People who are saying it was an unusual choice are basing it on the status quo and that's not where they're from,'' Grodin said. ``The status quo hasn't been doing that well in Washington.''

Kaufman promised her listeners that she'd keep West mindful of who sent him to Washington.

``If they get co-opted and become the same elitist breed that we've seen over and over again in both parties, then none of this will amount to a hill of beans,'' she said of the new class of conservative lawmakers heading to Washington.

``People believe in [West] . . . they thought he would be a voice, a loud strong voice for the things that are right in America,'' she said. ``And if he doesn't there's going to be a very loud voice in his ear: `That's not what the people sent you here to do!' ''

Kaufman vowed several times to continue her show, suggesting there's not a ``better way'' for the office to demonstrate transparency. ``Imagine all the inside news I'll be able to share with you,'' she told listeners.

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Rubio's party loyalty is clear: GOP not tea

WASHINGTON -- When a French TV station set out to understand the American phenomenon known as the tea party, it sent a reporter to Florida, down a dusty country road, past a bug-swarmed pond, and into a Pasco County pasture filled with people waving American flags.

It was Oct. 30, three days before Election Day. The crowd had come to Hallelujah Acres Ranch to hear Republican Senate nominee Marco Rubio, frequently hailed -- and claimed -- as one of the tea party's biggest success stories.

But the typically unflappable candidate seemed uncomfortable with the French reporter's questions about his tea party ties, as he did when an admirer asked him to autograph a tea party banner.

If the tea party is expecting Rubio to plant its yellow ``Don't Tread on Me'' flag in the hallowed Senate chamber, it's in for a letdown. This career politician who once carried the state party's American Express card defines himself first and foremost as a Republican.

Rubio's pollster, Whit Ayers, tactfully put it this way: ``I think he'll carry the banner for hopeful and optimistic conservatism and whoever wants to follow that banner is welcome to join.''

PARTY LOYALTY

Rubio has already made it clear that he will not be a rogue senator. One day after the election, he declared his support for the GOP establishment when he said he looked forward to serving under Republican Leader Mitch McConnell. He didn't mention Sen. Jim DeMint of South Carolina, viewed as the more ideologically pure conservative and alternative power center, who championed Rubio's campaign early on.

Two days later, McConnell tapped Rubio to deliver the weekly GOP address.

Rubio, 39, struck a pragmatic tone at the post-election news conference held in Miami, saying Republicans and Democrats have to work together to tackle big, immediate problems like the national debt and the war in Afghanistan. He did not launch salvos at President Barack Obama, as he usually does, and said he would reach out to Florida's Democratic Sen. Bill Nelson.

``Early on in the primary, a conservative group of passionate, well-intentioned people coincided with his beliefs and somehow he got this tea party label, which I don't think is totally representative,'' said Republican fundraiser Jorge Arrizurieta.

``Did he embrace and receive the support of the tea party? Absolutely,'' Arrizurieta said. ``But will he move away from being a real Republican candidate? No way.''

Tea party leaders still claim Rubio as their own. Among Florida voters, 39 percent said they supported the tea party movement. Rubio got 86 percent of that group.

``He had a great campaign, a great staff, but if it hadn't been for the tea party, he wouldn't have had the opportunity to win. The tea party gave him exposure,'' said Everett Wilkinson, chairman of the South Florida Tea Party.

``The movement,'' he added, ``is looking at Marco to fight for us.''

RECEPTIVE AUDIENCE

Without a doubt, Rubio owes some of his success to the tea party. A year ago when he was down 30 points in the polls in the Republican primary behind Gov. Charlie Crist and shunned by the GOP establishment, Rubio found an eager audience at tea party rallies. His fiery rhetoric about the direction of the country hit the right notes.

``I am here today as a fellow American whose parents were born in a country that lost itself to socialism,'' the Cuban-American Rubio said in West Palm Beach on April 15, 2009. ``My parents lost their country to a government; I will not lose mine to a government.''

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Conflict brewing over Republican Rick Scott's agenda in Legislature

TALLAHASSEE -- When voters swept Republican Rick Scott into office and gave Republicans the kind of party dominance no governor has seen since Gov. Bob Graham was elected 32 years ago, the new governor-elect declared it the ``end of politics as usual in Tallahassee.''

But if history is any indication, absolute numbers won't translate to absolute agreement. Conflict is already brewing between Scott's campaign promises on budget cuts, immigration, abortion and what leaders of the Republican-controlled House and Senate are willing to do.

Incoming Senate President Mike Haridopolos, R-Merritt Island, said last week that while he wants to enact more conservative policies, he may not see things the same way as Scott.

Scott campaigned on a promise of cutting $1 billion from the state prison budget. Haridopolos said Senate leaders are open to prison reform, but instead of wholesale cuts, they are looking at other steps to determine prisoners' means.

``If they qualify for Medicaid, let them in. If they are really wealthy, make them pay,'' he said. ``We are looking at all options.''

On immigration reform, Scott wants an Arizona-style law. Haridopolos is not ready to sign on: ``If we choose to go this direction, we're going to create a Florida-style plan that works for Florida,'' he said. ``Arizona's a different state.''

Haridopolos said he supports reviving a law Gov. Charlie Crist vetoed to require women seeking abortions to view an ultrasound of their fetus. Scott supports a law similar to Nebraska's, which would prohibit abortions in most cases after the 20th week of pregnancy, but Haridopolos will say only that such a proposal will get a hearing. And Scott opposes moving ahead with Central Florida's $1.2 billion SunRail commuter rail project unless the federal government is willing to contribute more money.

The project, approved by the Legislature in a special session last January, is a priority for the hometown of incoming House Speaker Dean Cannon, R-Winter Park. Cannon says Scott's concerns are valid and that he looks ``forward to talking with him about it.''

Also working against Scott's ability to dominate the legislative agenda is the Republican's supermajority in both chambers. Like in Graham's first term, Scott faces a Legislature with enough votes in his own party to override his veto.

``One of the hallmarks of Graham's first four years was his difficulty with the Legislature,'' said Jill Chamberlin, Graham's former press secretary. ``It really is going to depend on how firmly Scott wants to stick to his guns because there will be times when the Legislature is going to disagree with him.''

Scott comes into office with no legislative experience and a promise of being an outsider. But legislators depend on their staff and lobbyists, both of whom are woven through state government and are resistant to change.

For example, David Murrell of the Police Benevolent Association, which helped to bankroll Scott's opponent, Democrat Alex Sink, said he is confident that legislators won't buy into Scott's plan to replace salaried prison employees with private contractors.

``On both the House and Senate side, there are some legislators who don't want to go as far as Scott, so that'll be interesting,'' Murrell said.

Scott's victory speech included some clear shots at the status quo, something that both Haridopolos and Cannon have been a part of for six years.

``Some are beginning to wonder if anyone in Tallahassee can turn things around,'' Scott told supporters.

Cannon said he didn't interpret that as a criticism: ``What he said is we need to be more bold and more dynamic -- take a common sense approach.''

With Scott at the helm, Republican lawmakers will be able to enact many of the proposals that were rebuffed under Crist: linking teacher tenure with student performance, expanding school choice for public school students, and limiting liability for healthcare providers who serve Medicaid patients.

Jon Mills, a former Democratic speaker of the House when Martinez became the first Republican elected governor in over 100 years, said that no matter who is in power, the Legislature and governor will be forced to find agreement or voters will send them a message in two years as they did to Democrats this year.

``People are cognizant they are representing the whole state -- people who agree with them and those who don't agree with them,'' he said. ``And all those folks have to run again''

Mary Ellen Klas can be reached at meklas@ MiamiHerald.com

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Emmer says lawsuit decision will follow recount

ST. PAUL, Minn. -- Republican Tom Emmer is pushing aside questions about whether he's willing to go to court over the Minnesota governor's race.

Emmer says it's not appropriate to talk about legal action until a recount is over. He trails Democrat Mark Dayton by about 8,700 votes.

A recount is automatic if the margin is less than half a percentage point, as it is expected to be when the results are certified later this month.

Both sides are gearing up for the postelection fight likely to stretch into December and possibly beyond.

And both candidates say they are engaging in a transition process so they will be ready to govern once the winner is declared.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

ST. PAUL, Minn. (AP) - Republican Tom Emmer's attorney says Emmer plans to see a recount through despite trailing Democrat Mark Dayton by almost 8,750 votes in the undeclared Minnesota governor's race.

Emmer attorney Tony Trimble spoke to reporters Monday after Minnesota's largest county certified its vote totals.

Emmer picked up six votes from his election night tally after a suburban precinct rechecked its numbers. Hennepin County makes up one-fifth of the statewide vote.

Unless Dayton's lead grows beyond a half of one percentage point - roughly 10,500 votes - the recount will proceed at public expense.

A schedule calls for the recount of 2.1 million ballots to conclude by mid-December, but there's a possibility litigation could extend the race for weeks or months.

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Senate chief sees mandate to turn right

TALLAHASSEE -- Incoming Senate President Mike Haridopolos reaffirmed Friday that the newly elected, more conservative Florida Legislature will primarily set its sights on creating jobs, cutting regulations and reducing lawsuits.

But he'll also give a green light to lawmakers seeking stricter abortion laws and other social changes, the Merritt Island Republican said.

``I feel that the Senate was not as conservative as it should be,'' said Haridopolos, arguing that Tuesday's election sweep by Republicans gives the Legislature a clear mandate to continue moving to the right.

With Republicans capturing two new seats in the Senate and five in the House -- building veto-proof, two-thirds majorities -- political moderation is out the window, although the new leader said he continued to plan to work with Democrats and give party members a significant role on committees.

``The overall body was moderate,'' Haridopolos said of the pre-Tuesday Senate. ``It was very sympathetic to unions, very sympathetic to trial lawyers, very sympathetic to the idea that big government maybe doesn't need to go on a diet. I think you're seeing right now the most conservative Senate in your history.''

OUTLOOK

In a wide-ranging sitdown with reporters, Haridopolos framed Florida's two-year future, in which he said he'll team with incoming House Speaker Dean Cannon, R-Winter Park, and Gov.-elect Rick Scott to revive the state's gasping economy with an injection of conservative policies.

On jobs:

``Our goal is to produce two basic items: Increase predictability and certainty. Predictability that there's not going to be a new tax or new regulation that's going to limit job opportunities in this state. That certainty will then, I think, come. When we send that very clear message that we're open for business, it will attract those people who didn't come here in years past.''

While Scott has talked about creating 700,000 jobs in Florida over the next seven years, Haridopolos said his own job-creation benchmark isn't set. But lowering the state's almost 12 percent unemployment rate is a logical measurement, he said.

On immigration reform:

``If we choose to go this direction, we're going to create a Florida-style plan that works for Florida. Arizona's a different state.''

ON PRISONS

On cutting prison spending:

``One of the things we are openly looking at is means-testing prisoners. If they qualify for Medicaid, let them in. If they are really wealthy, make them pay. We are looking at all options.''

Haridopolos also said that he would be looking for pay and benefits concessions from the state's correctional officers' union, the Police Benevolent Association, which backed losing Democrat Alex Sink in the governor's race. ``We all saw the ads in the campaign,'' Haridopolos said. ``They clearly didn't want Rick Scott. Rick Scott won.''

On the Department of Management Services:

Haridopolos stands by his demand that DMS Secretary Linda South quit, in the wake of a Sink audit of lavish spending at the new First District Court of Appeal building. ``If she's choosing not to resign, the Governor is (working on transition) in Fort Lauderdale and the good news is that we'll have a new person at DMS.''

On state government and its workforce:

``Do what every business is doing across this state and say, `How do we right-size our organization? Can you consolidate? Can you do things better?' I think there's prime opportunity for it.''

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