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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Republican wants to keep global warming committee

WASHINGTON -- A leading House Republican climate skeptic on Monday called for his party to preserve a global warming committee created by Democrats so Republicans can use it to rein in the Obama administration on the issue.

Rep. Jim Sensenbrenner, R-Wis., said that the economic threat posed by Environmental Protection Agency regulations deserves special attention in the next Congress.

The EPA is set to regulate greenhouse gases next year for the first time, after the Supreme Court ruled in 2007 that it could treat heat-trapping gases such as carbon dioxide as pollutants. Many Republicans, who take control of the House in January, argue that the regulations would hurt the economy and kill jobs.

"No panel has developed more experience on these topics than the Select Committee on Energy Independence and Global Warming," Sensenbrenner said in a statement. "These regulations are moving quickly, but the oversight and subpoena power wielded by the select committee would put a tall hurdle in the path and would further expose the economic destruction these policies would bring."

Sensenbrenner, the committee's top Republican, is in line to become chairman if his party keeps the panel. Brendan Buck, a spokesman for the Republican Majority Transition Committee, said that the decision will be made by GOP leadership - subject to approval by the full party conference.

Michael Steel, a spokesman for Rep. John Boehner, R-Ohio, who is expected to become House speaker, said he has not heard any discussion about the panel. But some Republicans have already advocated putting the global warming committee on ice.

"The American people do not need Congress to spend millions of dollars to write reports and fly around the world," wrote Rep. Fred Upton, R-Mich., in a recent Washington Times op-ed. "We must terminate this wasteful committee."

Upton is a candidate to become next chairman of the House Energy and Commerce Committee.

Democrats established the committee in 2007, after taking control of the House. At the time, House Speaker Nancy Pelosi, D-Calif., called global warming possibly "the greatest challenge of our time, setting at risk our economy, environment and national security." With the committee, she said, "the House is giving these issues the high visibility they deserve." But from the very start, Republican committee members scoffed at claims about global warming as "hot air" and "extremism."

The committee has been chaired by Rep. Ed Markey, a Massachusetts Democrat who was co-sponsor of legislation that would have limited pollution linked to global warming and redirected the nation toward greater use of clean energy. The bill narrowly passed the House last year. But it withered way in the Senate this year, despite a call for a carbon tax on fossil fuels or a cap-and-trade system for curbing greenhouse gas emissions by the National Academy of Sciences, which labeled global warming an urgent threat.

Markey spokesman Eben Burnham-Snyder declined to offer an opinion on Sensenbrenner's call.

"While we agree with Congressman Sensenbrenner that the select committee is ambitious and highly experienced in energy and climate issues, renewing the committee is a matter for his party's incoming speaker," he said.

The EPA did not immediately return messages seeking comment.

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Florida Republicans already pitching Medicaid overhaul

TALLAHASSEE -- The wheels are already turning in a legislative plan to craft a Medicaid revamp that would include major limits on lawsuits, something that is firmly in line with Governor-Elect Rick Scott's proposed plan to make it more difficult for patients to sue doctors.

Sen. Don Gaetz, R-Niceville, told the News Service Friday that he and fellow Sen. Joe Negron, R-Stuart, will meet in the coming days to examine last year's legislation aimed at steering Medicaid patients into a managed care program, an expansion of a five-county pilot program.

LIABILITY TWIST In a twist that will surely raise trial bar antennae, the two plan to include liability protections for providers and others in any proposal the Senate considers this spring when the Legislature meets in Tallahassee.

``If we're going to be able to improve access to Medicaid, we have to provide a less litigious environment,'' said Gaetz, who is in line to succeed incoming Senate President Mike Haridopolos as Senate President in 2012.

A Medicaid overhaul sprung to life in the 2010 legislative session in a measure largely authored by incoming House Speaker Dean Cannon, R-Winter Park. The House proposal would have given HMOs, provider service networks and managed care plans the authority to compete. Under the proposal, the state would be divided into six Medicaid regions, in which plans would compete.

The Senate had also wanted to pursue a federal waiver to craft a Florida-only Medicaid plan, imposing caps on some services and requiring patients to make co-payments and meet deductibles. The plan fell apart as lawmakers struggled to cobble together the state's budget, but lawmakers hinted that it would likely return during the 2011 session.

`NOT THRILLED'

The Florida Medical Association was ``not thrilled'' with last year's plan of expanding managed care for Medicaid recipients, said FMA general counsel Jeffrey Scott, and would prefer to see increased reimbursement rates for healthcare providers. The physicians' group, however, is interested in working with Senate and House leaders in examining lawsuit limits, he said.

``We're hopeful that while we would still prefer for rates to increase, (a liability limit) is at least something that will lead to more physicians seeing patients,'' Scott said.

The issue has reared its head in Florida politics before. Much of the summer of 2003 was dedicated to special sessions on medical malpractice that essentially pitted the legal community against the medical community. Lawmakers spent most of the summer fighting over legislation and ultimately reached a compromise that put some limits on how much doctors could be sued in malpractice cases.

This fall on the campaign trail, Governor-Elect Rick Scott unveiled legislative proposals that included limits on lawsuits against car manufacturers, insurance companies, and physicians, specifically mentioning liability limits for doctors who treat Medicaid patients.

Representatives of the Florida Justice Association, which represents trial lawyers, could not be reached for comment Friday on the pending Medicaid reforms.

Haridopolos and Cannon said earlier this week that they also plan to propose a resolution during a special meeting of the Legislature later this month that underscores their effort to revamp the Medicaid program during next spring's regular session. Debate on the issue, however, would not begin until the chambers begin committee work as early as December in the Senate. House leaders released a tentative agenda Friday with regular committee meetings in January.

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LeMieux's tour signals future bid

WASHINGTON -- All eyes will be on Florida's new U.S. senator the day after Tuesday's election. But at a Marriott in Palm Beach Gardens, the man currently occupying the office will be seeking some attention of his own.

For $25, members of the local Chamber of Commerce can hear George LeMieux give his take on the election, tout his support of small business legislation and deliver a ``review of his experience in the U.S. Senate.''

LeMieux was not elected to the seat and he's not on the Nov. 2 ballot, but for the past month he's been engaged in a campaign-like sprint across Florida, talking to Republican and civic groups, touring businesses and presenting military medals.

He's attended dozens of events, logged thousands of miles by air and land. ``I'm just doing my job,'' he says.

But LeMieux, 41, is also working to elevate his profile and lay the groundwork for a potential run for office.

He has not only turned his back to the man who put him in this fairy-tale position -- Gov. Charlie Crist -- but is now working to keep Crist from getting there himself.

If the 2010 election cycle is recorded as one of the most fascinating and unpredictable in decades, LeMieux's story certainly belongs in the footnotes.

It began improbably when Mel Martinez quit the Senate last summer. Crist had to pick someone to serve the final 16 months. He had a menu of well-known figures, some with significant congressional experience, such as U.S. Rep. C.W. Bill Young of Pinellas County. Instead Crist picked his former chief of staff and 2006 campaign manager, ignoring charges of cronyism.

GOP LOYALIST

By all accounts, LeMieux threw himself into the job, proposing legislation, playing the loyal Republican soldier with attacks on the Democratic agenda and the president yet still managing to win friends on both sides of the aisle.

LeMieux relentlessly promoted his efforts, stoking talk he wanted a full-time place in the Senate. He has not denied suggestions that he'll challenge Democratic Sen. Bill Nelson in 2012. Any number of Republicans will step up, some with more name recognition than LeMieux, who lost the only political race of his career, a 1998 run for state House.

Which makes LeMieux's recent travel notable. He has been making the rounds since he was appointed but with the end nearing, he has embarked on a schedule that rivals that of current Senate candidates Crist, Marco Rubio and Kendrick Meek.

St. Petersburg, Tampa, Fort Lauderdale, Orlando, Miami, Sarasota, Doral, Daytona Beach, Jacksonville, Naples, Hollywood, Hialeah, Palm City, Stuart . . .

He's been to Rotary clubs, bemoaned government spending at the Chamber of Commerce, toured VA hospitals and colleges, and dropped by an elementary school in Miami.

When early voting kicked off, there was LeMieux at a news conference in Jacksonville. Since he is traveling in his capacity as senator, taxpayers pick up the tab, same as when Nelson hits the road.

LeMieux insists he's only doing his job, but the volume of travel -- and his status as a placeholder -- show he's seeking something else, too.

``None of us had really known him before. It was like, `LeMieux, who the heck is he?' '' said Carol Caprio, a Republican activist in Sarasota, where LeMieux spoke Oct. 15. ``He's not a dynamic speaker like Rubio, but he said all the right things. I liked him.''

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Rivera victory caps contentious race

Republican David Rivera decisively staved off a challenge to win a Miami congressional seat Tuesday, as a conservative current swept Florida GOP candidates into office.

Rivera, an eight-year state representative who quickly rose to prominence in Tallahassee, ran on his experience as Florida House budget chief to defeat Democrat Joe Garcia.

``Tonight, the people won, the voters who wanted positive change -- real change -- won,'' an exultant Rivera said late Tuesday during his campaign party at the Biltmore Hotel in Coral Gables. ``The residents wanted a campaign based on the issues, on the economy.''

The high-profile contest, targeted by both parties vying for the swing 25th congressional district, was characterized by mud-slinging between the two candidates, both well-known Cuban Americans with longtime ties to local politics.

Rivera's clear victory -- despite a slew of character attacks against him during the campaign -- reflected the national mood of an electorate angry about the economy and willing to overlook candidates' questionable actions in the past if they promised to stand up to Democrats in Washington.

RECORD ATTACKED

Garcia relentlessly attacked Rivera's record in past campaigns and his source of income outside of lawmaking -- and the message seemed to resonate even among voters who picked Rivera.

``It was a vote for the lesser of evils,'' said Mercy Gonzalez, a self-described conservative who voted for Rivera Tuesday morning at a heavily Republican precinct at Belen Jesuit Preparatory School in West Miami-Dade.

To win, Rivera also had to overcome the deep pockets of national Democrats pouring money into a seat they targeted as a rare pickup opportunity.

As with Republicans across the country, Rivera's message of fiscal restraint proved popular with voters in the GOP-leaning 25th, a district almost evenly split among Democrats, Republicans and independents that reaches from western Miami-Dade to eastern Collier County.

The district has always been represented by Republican Mario Diaz-Balart, who helped draw the seat for himself and is now moving to a neighboring, more GOP-friendly seat being vacated by his brother, Lincoln. Mario Diaz-Balart was automatically elected to the post when he drew no opposition.

Rivera, a hard-working movie buff and baseball fan known for his astute political eye, successfully tied Garcia, a former Obama administration official, to divisive Washington policies and to now-ousted House Speaker Nancy Pelosi.

PARTY-LINE STANCES

Each candidate mostly followed his party's line, with Rivera emphasizing his budget-balancing years in Tallahassee, hard-line stance on Cuba and support for a Colombian free-trade agreement that Garcia also backed, breaking with national Democrats.

Democrats held out hope for a win by Garcia until late Tuesday, foraging for last-minute volunteers to call supporters and urge them to vote. Two years ago, Garcia narrowly lost to Mario Diaz-Balart in an election that strongly favored Democrats.

This time around, Garcia went on the attack early, bringing up an accident Rivera was involved in with a truck carrying campaign mailers on the Palmetto Expressway during his first campaign eight years ago.

Garcia's campaign also jumped on news reports about Rivera claiming for years to have received income from the U.S. Agency for International Development, though the agency has no record of him as a contractor.

Rivera later said he worked as a subcontractor -- without naming who he worked for -- and amended his state financial disclosure forms to remove any mention of USAID. Allies of Garcia sued Rivera to disqualify him from the ballot over the disclosures, but a judge threw out the suit.

Garcia conceded the race late Tuesday at his campaign party in West Kendall: ``I don't think we could have done anything different,'' he said, blaming his loss on higher GOP turnout.

At the Biltmore, Rivera basked in his presumed win by introducing his close friend Marco Rubio, who was celebrating his triumph in a bruising, three-way Florida Senate race.

Miami Herald staff writers Lesley Clark and Ana Veciana Suarez and El Nuevo Herald staff writer Melissa Sanchez contributed to this report.

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Voters in Miami-Dade flock to early-voting polls

Voters across Miami-Dade County took advantage of the last day of early voting Sunday, waiting in hours-long lines to avoid having to cast a ballot on election day.

At Miami City Hall, Sharon Rumph was one of several people who showed up at about 4:30 p.m., just ahead of the 5 p.m. closing.

``I was hoping for a shorter line,'' said Rumph, who purposely waited until after the Miami Dolphins game ended, thinking the crowd would be thinner. ``But it's worth waiting.''

As of Sunday evening, Miami-Dade was still tabulating numbers of early voters. In Broward, where voting ended on Saturday, a total of 85,737 people cast their ballots during the special two-week period, the elections department said.

The busiest poll proved to be the Northwest Regional Library, where 10,742 people voted.

Now, anyone who did not vote early must go to their assigned precincts on Election Day.

``We ask all voters review their sample ballot and make their decisions prior to going to the polls in order to accommodate everyone as swiftly and smoothly as possible,'' Miami-Dade Supervisor of Elections Lester Sola said.

Arne Themmen had to vote on Sunday. He said he couldn't wait until Tuesday because of work. He waited about an hour and 10 minutes at City Hall to cast his ballot. ``I actually think you get through regular voting quicker,'' he said.

Jackie and Rick Zelman said the process was long, but smooth. ``We had nothing going on and we wanted to make sure we got our votes in,'' Jackie Zelman said.

Ted Hartshorn, who lives near City Hall, said he had checked earlier on the line, but it was longer. At 4:30, he knew he didn't have a choice but to wait out. ``It's a shame the line is so long,'' Hartshorn said .

``But what are you going to do?''

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Tense moments for Sink, Scott camps as votes were tallied

As Florida's Election Day came to a close, hopeful Democrats gathered at the lavish Marriott Waterside on Tampa's dockside marina, anticipating a victory party for Alex Sink, their candidate for governor. Sink looked confident and happy.

``It could be an early night. It could be a late night,'' she said. ``I'm just going to enjoy every single minute. It's a once-in-a-lifetime experience, certainly for me.''

``Late night'' turned out to be an understatement.

Results started pouring out of Tallahassee after polls closed in the Panhandle at 8 p.m. Tuesday. By 8:03 p.m. Marco Rubio's Senate victory was all but official, and by 8:30 the new Florida Cabinet was all but cast.

The new governor -- a different story.

EARLY LEAD

While Sink's camp watched from a bank of hotel suites in Tampa, Rick Scott and his party gathered in the Hilton Fort Lauderdale Marina. The numbers ratcheted up and up, and Scott never trailed Sink. But his lead was precarious. And there were some inklings of trouble.

In an 8 p.m. briefing, a spokeswoman for the state Division of Elections said Hillsborough County had run into a problem with early voting ballots, and had to re-scan 38,000. Reports surfaced of delays in West Palm Beach.

By 9:15, Sink trailed Scott by more than 150,000 votes.

With so few votes separating the candidates, no network or wire service would declare Scott the winner.

The Scott family remained inside a suite at the Hilton, delaying their victory party. A first-time candidate still figuring out the political ropes, Scott learned ritual of Election Night: The winner doesn't declare victory until the loser concedes defeat.

hour after hour passed and Scott didn't show downstairs, as the crowd dined, drank and waited.

Just before 11 p.m., Sink spokesman Dan McLaughlin took the stage. ``There are about 600,000 votes outstanding. Alex trails by 100,000,'' he said. ``Those are our counties so stay with us.''

The crowd appeared unfazed. Some started line dancing

Sink pollster Dave Beattie said Sink was down 90,000 with thousands of votes still uncounted in Democrat-heavy counties of South Florida.

The vote gap between the two candidates kept shrinking.

At 12:15 a.m., Sink finally addressed the crowd. This had been a ``classic Florida election,'' she said, that was ``coming down to the wire in what looks to be a dead-even race.'' With an estimated vote gap of about 75,000 votes at this point, she was not ready to concede.

``We're Floridians, so we know what it means to count every single vote,'' she told the crowd of about 300. ``So, this is what we're going to do. We're going to let the people of Florida -- all the people of Florida -- have their voices heard.''

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DELAYED VICTORY

Ever so often at the Scott party, a public-address announcement would hint the celebration was about to start, but it didn't.

By 1 a.m., 15 percent of precincts still hadn't reported, and the spread was down to about 72,000.

At 2:08 a.m., Scott gave a brief, upbeat speech predicting victory.

``I apologize this has taken so long. Thanks for your patience,'' he said. ``Based on the numbers we're seeing now, after all of the votes are counted, I am absolutely confident I will be the next great governor of the state of Florida. We'll have more to say maybe even later tonight, probably tomorrow.''

Upstairs, Scott's legal team kept a close eye on fluctuating vote counts.

GROUND ZERO

By 4 a.m., Palm Beach had finished counting. The Democratically heavy coastal county had become ground zero in determining the election. With all 789 precincts reporting, Palm Beach reported that Sink had netted only about 2,600 more votes over Scott.

At 10:30 a.m., in a room crowded with staff and supporters, Sink calmly conceded.

At noon Wednesday, Scott claimed the victory he had waited for all night.

``Starting today, I work for every Floridian,'' he said. ``I'm giving you my word: Better days are coming.''

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Obama news conference Wednesday

WASHINGTON -- President Barack Obama will address the election results with a news conference Wednesday afternoon at the White House, where he is expected to call for both parties to put aside the vitriol of the past several months and work together to restore the nation's economy.

The president spent Election Day in the White House, closing out the campaign season with a last-minute flurry of radio interviews on stations in selected urban markets, including Chicago, Las Vegas, Los Angeles and Jacksonville. On a Las Vegas station, he made a direct appeal to Latinos.

He is scheduled to leave Washington on Friday for a nine-day trip to India, Indonesia, South Korea and Japan, and aides would like to get the election behind him so that he would not be dogged by domestic concerns while overseas.

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Rivera, Garcia forage for votes

More than 100 miles from their homes, Republican David Rivera and Democrat Joe Garcia waded for votes over the weekend in what seems like an unlikely locale for a Miami congressional election: the annual, ``world famous'' swamp buggy races in Naples.

It seemed the appropriate setting for what has been an ugly battle for Florida's 25th Congressional District -- a race largely played out in television attack ads.

But Garcia, a former Obama administration official, and Rivera, a four-term state representative, spent the final days of early voting appealing in person to their political bases -- groups that will be crucial in determining who replaces Republican Rep. Mario Diaz-Balart in Washington.

For Rivera, that meant two days rallying conservatives in Naples, who make up about 10 percent of the voters in the GOP-leaning district that stretches from West Miami-Dade into Collier County.

``2day is the big day,'' Rivera told a Miami Herald reporter in a text message Sunday. ``Swamp buggy queen gets thrown in the swamp.''

For Garcia, the trek to Naples on Saturday was an effort to reach out to independent voters, who make up a sizable chunk of the district. He spent Sunday looking for votes among two key Democratic constituencies: African Americans and non-Cuban Hispanics.

``Did I get lucky and get your vote?'' Garcia asked outside the West Kendall Regional Library.

POSSIBLE PICKUP?

Trying to capitalize on one of their few pickup opportunities in a year when they are widely expected to lose control of the House, Democrats poured money into backing Garcia and attacking Rivera.

``Though most people aren't talking about it, it's one of the few Democratic opportunities,'' said Nathan Gonzales, political editor of the Washington-based Rothenberg Political Report, who called the race ``extremely competitive.''

Yet, despite a slew of TV and radio ads accusing him of ``a pattern of lies and cover-ups,'' Rivera can keep the district in GOP hands if independents -- who make up about one-third of the district's likely voters -- break for Republicans in a year of widespread public anger toward Washington politicians.

Few polls have been carried out in the district. One by Sunshine State News, a conservative-leaning publication, had Rivera 1 percentage point ahead of Garcia -- a statistical tie -- with 5 percent of voters undecided. Rivera, however, had a wider, 7-point lead among ``the most likely voters.''

A New York Times analysis of the contest based on polls, expert forecasts, fundraising, past election returns and other indicators gave the edge Sunday to Rivera by about 5 percentage points.

Rivera raised about $1.7 million for his campaign; Garcia about $1.4 million through Oct. 13. Garcia had more cash on hand for the home stretch -- though both candidates have received additional donations in the past few days.

The close race might be decided by turnout: If GOP voters come out as enthusiastically as they did in the August primary, when almost twice as many Republican voters than Democrats cast ballots in the district, the results would almost certainly swing in Rivera's favor.

To counter some of that fervor, Garcia, with deep-pocketed help from national Democrats, has launched character attacks against his opponent. News reports have questioned Rivera's income outside of lawmaking and an accident he was involved in on the Palmetto Expressway during his first campaign eight years ago.

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Amendments appear doomed come Election Day, poll shows

TALLAHASSEE -- Every major constitutional amendment on the ballot looks doomed and so do each of the three Democrats running for Florida's Cabinet, according to a new poll of likely Florida voters.

In another sign of the rightward shift of the electorate, this Mason-Dixon Polling & Research Survey shows independents are throwing crucial support behind the GOP candidates.

So Pam Bondi will likely be the next attorney general, Jeff Atwater will likely be the next chief financial officer and Adam Putnam will win the race for agriculture commissioner.

But in a year of anti-incumbency and political shakeups, the poll also shows that the status quo will be preserved when it comes to the Constitutional amendments seeking to change the way politicians draw political districts, manage growth in local communities or pay to reduce class sizes.

The biggest eye-opener: The so-called ``Hometown Democracy'' amendment that would allow citizens to vote on changes to local growth plans. More than a month ago, a majority of voters favored the amendment. Now they oppose it 58-26.

``Support for Amendment 4 has totally collapsed in the face of a strong advertising campaign by the measure's opponents,'' Mason-Dixon pollster Brad Coker said. ``By almost owning the airwaves, opponents have effectively flipped the numbers.''

Detractors, heavily financed by developers, describe Hometown Democracy as a job-killing idea. Supporters say they want more local citizen control -- and less developer influence -- over City and County Hall.

Two other proposed constitutional amendments --the so-called called ``Fair Districts'' plan -- would also tie the hands of politicians. The amendments would prevent state legislators from favoring or disfavoring incumbents or political parties when they redraw congressional and legislative seats after the census.

Funded by liberal millionaires and Democratic-leaning unions, the Fair Districts plan directly challenges the power of the Republican-led Legislature. Republicans are the only bloc of voters who oppose the measures.

Independents - and especially Democrats -- favor the two amendments by double digits.

Amendment 5, concerning legislative districts, is favored by 48 percent of likely voters and opposed by 32 percent. Amendment 6, concerning congressional districts, is favored by 46 percent and opposed by 27 percent of voters. But that's probably not enough support to garner the 60 percent of the vote needed to pass a Constitutional amendment by Election Day.

The third major constitutional amendment, concerning scaling back a class-size limitation, won't pass, either, even though it garners a narrow plurality of the vote: 45 percent. About 43 percent oppose it.

That's a big shift since September, when the last Mason-Dixon poll showed 53 percent were opposed.

The Cabinet races are a little more consistent. Republicans have steadily locked up support for months amid a conservative awaken and voter anger over the direction of the nation under Democratic control.

The poll shows:

• Bondi is ahead of Miami Beach state Sen. Dan Gelber, 44-37.

• Atwater, the outgoing senate president, leads former Tallahassee Rep. Loranne Ausley. 39-28.

• Putnam leads former Democratic party boss Scott Maddox, 44-33.

Marc Caputo can be reached at mcaputo@MiamiHerald.com

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