The state high court rules that voters -- not just governing bodies -- must approve financing plans.

The state high court rules that voters -- not just governing bodies -- must approve financing plans.
Mark Schlueb, David Damron and Aaron Deslatte

Sentinel Staff Writers

September 7, 2007

A surprise Florida Supreme Court ruling could imperil funding for Orlando's downtown sports and arts venues, and potentially jeopardize billions of dollars in public-school funding across the state.

Attorneys and financial experts were scrambling to figure out how the court's ruling Thursday in an Escambia County case might affect the $1.1 billion plan for a new performing-arts center, Orlando Magic arena and upgraded Citrus Bowl. The plan, long sought by Orlando Mayor Buddy Dyer and Orange County Mayor Rich Crotty, was just approved in July.

In a unanimous ruling, the high court said Thursday that any plan to use so-called "tax-increment financing" to pay for development projects would have to be approved by voters, instead of just a local governing board. The ruling stems from a fight in Escambia County, where the county wanted to use the financing option to widen a road along Perdido Key.

Such financing works by committing a portion of future property taxes to pay off bonds issued to widen roads, build sidewalks or make other public improvements. Two of the three downtown Orlando venues -- the performing-arts center and the Florida Citrus Bowl -- rely on about $150 million in tax-increment bonds backed by downtown property taxes.

"It could have some impact on how we finance the various venues," Deputy City Attorney Jody Litchford said. "We're going to look at the financing on [the performing-arts center] and the Citrus Bowl and see what this means."

'The next lightning storm'

The decision could also deliver a severe blow to school districts across Florida, officials said.

The Orange County school system, for instance, has about $1 billion of the type of debt addressed by the court and this year expects to borrow $131 million more. Many other growing districts use the same method.

"That's the next lightning storm on the horizon. It could significantly affect the way we build schools," Orange Schools Superintendent Ron Blocker said.

The Orange district uses the money primarily to build new schools, but the ruling could also affect a significant number of renovated schools that rely on property taxes, according to Rick Collins, the district's chief financial officer. Collins said it was too early to tell what the impact could be.

"But we're watching pretty closely what is going on there," he said.

The court's ruling, which overrides previous decisions, finds that "the Constitution requires that the people who are to pay the bill should be given an opportunity to approve the debt before it is incurred."

The court also makes clear it isn't invalidating the use of tax-increment financing or previous projects approved without public votes. It just means future tax-increment projects must be voted on first.

Still, "that's a bombshell," said veteran development lobbyist Wade Hopping, a former Supreme Court justice. "That will certainly cause some consternation."

Are venues affected?

While Orlando and Orange County leaders have approved the venues, they have not yet issued the bonds to pay for them, making it unclear whether the ruling would apply.

At the time of approval, commissioners rejected calls for a referendum. Three weeks ago, hotelier Harris Rosen launched a petition drive to try to get a venues question on a future ballot, with the hope that voters will overturn the politicians' decision.

Rosen's attorney, Ted Edwards, said the ruling signals the state's highest court looks favorably on referendums, though he would not say what impact it might have on his client's campaign.

Orange County Commissioner Fred Brummer -- one of two commissioners to vote against the venues -- supports Rosen's petition drive. The court's position could put pressure on city leaders to allow city residents to have a say on the venue plan, he said.

"I would be very pleased to see it on the ballot," Brummer said.

But Orlando officials say that isn't likely.

The city could change its financing plan so that the $150 million in bonds would be backed by a different source of revenue, they said, though it's not clear what source that would be. The venues plan first draws on other funding sources, including sales tax and tourist tax. City officials said there's plenty of time to come up with a solution and no reason not to proceed.

Counties seek clarification

In the meantime, Escambia County and the Florida Association of Counties are expected to ask the Supreme Court for a rehearing to clarify the court's intent and to get answers to questions raised by the ruling. Given the number of public projects across the state that might be affected, the court could act swiftly to bring that clarity.

But until that happens, the court's ruling -- coupled with the Legislature's recent overhaul of the state's property-tax system -- will make financing for many community facilities more difficult, Orange Commissioner Teresa Jacobs said.

"The bond market," she said, "is going to be looking more skeptically at Florida."

Erika Hobbs of the Sentinel staff contributed to this report.Mark Schlueb can be reached atmschlueb@orlandosentinel.comor 407-420-5417.David Damron can be reached atddamron@orlandosentinel.com or407-420-5311.Aaron Deslatte can be reached atadeslatte@orlandosentinel.comor 850-222-5564.

Copyright © 2007, Orlando Sentinel

Convicted Ohio U.S. Rep. Bob Ney Gave Rep. John Mica $2500 Contribution

as the Democratic Congressional Campaign Committee reported last year. Birds of a feather flock together.

Rep. John Mica Brags of Flying to Tibet To Sell Boeing Airplanes to Communist China -- Is That Why We Elect Congresspeople? See His 9/23 Column, Below

Rep. John Mica Upset Over Insufficienty Cushy Chair

Roundtable Setup Left Some Republicans Feeling Like Squares

By Lois Romano
The Washington Post
Thursday, January 25, 2007; A23



In case you were wondering how the Republicans were adjusting to their new minority status, consider this painful story.

Democratic Rep. Jim Oberstar of Minnesota, the new chairman of the House Transportation Committee, wanted to show members of his panel how bipartisanship and policymaking can work in tandem. So the chairman, along with ranking Republican John Mica (Fla.), organized a roundtable discussion for members last week. And to drive home the point, Oberstar invited back Bud Shuster (R-Pa.), the retired Republican chairman of the committee.

It seemed like a great idea until Mica arrived for the roundtable and discovered that he did not have one of the nice, cushy chairs at the head of the table that were occupied by Oberstar, Shuster and other speakers, including New York financier Felix Rohatyn.

According to sources, none of whom wanted to be anywhere near this story, Mica threw a fit and demanded to know from staff why he didn't have a special chair of his own next to Oberstar and the others.

But before staff could rectify the situation, and as startled members looked on, a furious Mica stormed out of the room and ordered the other Republican members to leave. Among the uncomfortable departees was Shuster's own son and successor, Rep. Bill Shuster.

A source close to Mica acknowledged last night that the congressman was "very upset" because he "wants to be sure members of the minority are treated with the respect."

But after hearing from Oberstar later, the source said, Mica knows the slight was unintentional, and there are no hard feelings.

Note to other Republicans: Bring your slights to us. We'll help you air them.

What Do Abu Ghraib, Guantanamo and Representative John Mica Have in Common?

On June 21, 2005, Rep. Mica Opposed Any Further Investigation of Abu Ghraib and Guantamo Prison Abuses

Rep. John Mica on Perjury and Obstruction of Justice and Accountability and Equality Before the Law

Rep. John Mica (R-FL) – "If you commit perjury or obstruct justice, you will be held accountable. If you are a member of Congress or president . . . you will be held accountable. Even if you . . . do a thousand good deeds, you will be held accountable." [Orlando Sentinel, 12/20/98]

Here's U.S. Rep. John Mica With St. Augustine Burghers, Cutting Ribbon for Massive $22 Million White Elephant Parking Garage -- Bondholders Watching

Adult zoning: Plan 3

Adult zoning: Plan 3

New proposal restricts adult entertainment to three areas in city

KATI BEXLEY
kati.bexley@staugustinerecord.com
Publication Date: 09/24/07


In what could be a version of "Goldilocks and the Three Bears," the St. Augustine city staff believes it has found a plan for adult entertainment businesses that could be just right.

"The public said the first plan was clustered too much in one area. The second option dispersed the businesses throughout the city too much," said Mark Knight, city planning and building director. "So we combined the two. We picked three clusters of properties that are dispersed throughout the city. We think this will work."

The public blasted St. Augustine City Commissioners for the city's previously proposed designated areas for adult entertainment. Today, the commission will vote on what city staff said could be their last option.

The new ordinance allows adult businesses to locate in areas on Ponce de Leon Boulevard, South Dixie Highway and West King Street.

This oridinance includes the city's first proposed site on Ponce de Leon Boulevard. Roughly 70 people spoke against this site at three different meetings.

And unlike the last proposal that put adult entertainment in numerous sites throughout the city, none of the new areas are directly next to residences.

Previously, the city did not have regulations for these businesses and they could have located in any commercial zoning. The City Commission says this ordinance will prevent that from happening.

Mayor Joe Boles said the newest plan could be a winner.

"I think the fewest number of parcels would be the most beneficial," he said. "I want to hear from the public and make sure they are comfortable with this. I don't want to rush something through."

Commissioner Errol Jones was vehemently against the first proposal of clustering adult entertainment in one area of the city because it was unfair. But he feels the latest proposal could work.

"It seems to be the least harmful and the fairest to our citizens," Jones said. "I think there is no solution that would satisfy everybody."

Knight said if this plan is voted down he's not sure what city staff will try next.

"We're running out of options," he said. "The commission is going to have to pick one."

Adult entertainment ordinance


Previously, St. Augustine did not have ordinances governing adult entertainment.

In an attempt to be proactive, the city passed two ordinances regulating the businessesÕ operations.

Now, a third ordinance is needed to designate where adult entertainment can be located in the city.

The new proposed plan would allow adult entertainment on parcels of land on Ponce de Leon Boulevard, West King Street and South Dixie Highway.

Adult entertainment would not be directly next to residences.

Within each site, there could only be one of each type of adult entertainment, such as one adult book store, one novelty store or one adult dance club.
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© The St. Augustine Record

Rep. John Mica Very Defensive About His Junket To Tibet and Support for Offshore Oil Drilling Off Florida's coast

Rep. John Mica's column (below) responds to my column of September 9th.

Mica doesn't deny voting against whistleblowers and doesn't talk about the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway proposal.

Even St. Johns County Republicans feel betrayed by Mica, the only Floridian in Congress who supports offshore oil drilling off Florida's seacoast.

Editorial: Outside help needed on mosquito control

Editorial: Outside help needed on mosquito control
Publication Date: 09/23/07
The Anastasia Mosquito Control District Board could possibly cancel its $1.9 million helicopter deal on Thursday. The Bell Helicopter company has told district officials it can get its deposit back and abandon the contract if it wishes to do so. A motion to cancel the controversial purchase is on the table. Finally some good news. Earlier this month District Commissioner John Sundeman's motion to cancel the contract was tabled until Thursday's budget meeting by Chairperson Emily Hummel. Revisiting the 2006 purchase by the previous board speaks volumes of a change in attitude and understanding of who pays the bills, the taxpayers. We encourage the board to keep mending those fences. None of us like to see the blood-sucking skeeters land on us. But we expect our tax dollars to be spent wisely after a careful prior review. We're not sure the previous board did enough research. Or did the board want one because other districts had them, too? The deal has caused some ugly jousts with the public at recent meetings. Have some board members forgotten they were elected by the people? We recommend that the board cancel the contract and get outside help deciding aerial spraying needs. That's been suggested before and rejected. The board needs outside help. St. Johns County has an abundance of CEOs, CFOs, and international and nationally recognized consultants in various fields. Surely some would share their expertise. We also suggest a medical doctor familiar with mosquito-borne illnesses and their treatments, and a university researcher on mosquitoes and mosquito control. We suggest the board consider also Don Girvan, a retired Army helicopter pilot. Ironically he was one of the people on whom the board called the cops in July. Girvan turned the other cheek though and secured a $28,710 credit from a Bell subsidiary due to an error in the chopper's paint job specs, by calling the company himself. The board rightfully acknowledged Girvan's efforts but why didn't the district staff catch that error in the first place? The board's number one goal is to kill mosquitoes and kill them cheaply. It may be that a helicopter is the best way to go or there may be cheaper ways to accomplish aerial spraying such as buying time on someone else's chopper. The board needs outside help to win the war against the skeeters.
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© The St. Augustine Record

DEFENSIVE, TIBET-JUNKETING REP MICA IGNORES NATIONAL PARK BILL, HAS NO DEFENSE FOR VOTE AGAInST WhiSTLEBLOWERS

See Rep. Mica's column below, responding to mine of September 9th (below)

Guest Column: Rep. Mica defends role in international relations, oil drilling

Guest Column: Rep. Mica defends role in international relations, oil drilling



JOHN L. MICA
Washington, D.C.
Publication Date: 09/23/07
A recent guest column in The St. Augustine Record was critical of a 2005 trip that I made several years ago to China and Tibet and several of my legislative positions. Let me respond by providing your readers with both the facts and my viewpoint.

As Chairman of the House Aviation Subcommittee, I was part of an official United States Delegation to China to promote American manufactured products including aircraft and aviation equipment. China is our largest market for those sales.

Prior to that visit, the Europeans had been taking a larger and larger share of that market.

Joining with other Congressional leaders, then-Speaker of the House Dennis Hastert and Small Business Chairman Donald Manzullo, our mission had two goals.

First, increasing U.S. exports and second, to urge BeijingÕs leaders to pressure North Korea to abandon its nuclear agenda. China accounts for our biggest trade deficit and we made it clear that was unacceptable. Aviation manufacturing has been our largest export goods employer and is vital to the American economy and our ability to compete in a global market.

During our mission, China bought 42 U.S. aircraft totaling nearly $5 billion in sales. Since our visit Boeing has regained a majority of market share and progress has been made with North Korea on nuclear disarmament Ñ both of which I am pleased to have played a small part. My meetings in South China and Tibet, which China now controls, focused on markets which Europeans have begun to capture. While as many people live there as the entire population of the U.S., America has only six foreign commercial officers to tackle that emerging market.

European competitors are providing training to civil aviation officials and airline professionals to capture those markets.

As a direct result of that visit and working with our U.S. Trade Development Administration and the private sector, we are making certain the U.S. will compete in those growing markets.

Another issue raised by the writer criticized my position on offshore drilling. Since my service in the Florida Legislature during the 1970s oil crisis, I have supported a sound and reasonable offshore drilling policy. In fact, with the late Gov. Lawton Chiles, I helped secure a 100-mile buffer for oil drilling off FloridaÕs coast.

However when Gov. Jeb Bush and others sought to increase that limit and change terms of drilling in Track 181 off FloridaÕs panhandle, I disagreed.

Today the technology exists to develop natural gas off our shores, out of the line of sight and without threat to the environment.

During the 1990s we urged utility companies that produce FloridaÕs power to convert to more eco-friendly natural gas and a billion dollar gas pipeline was constructed in the Gulf.

Consistently changing the terms for exploration and development makes the U.S. more dependent on foreign gas and oil. Most oil spills occur in transport, including Exxon Valdez.

Just look off St. Augustine shores and everyday you will see more ships within eyesight transporting more foreign oil and gas, increasing our risk and dependency. Our long term goal must be to abandon fossil fuels but we need a sound interim policy that does not bankrupt consumers or destroy our economy.

Finally, I will be glad to compare my record of service to St. Johns County, relating to transportation, veterans, seniors, and community projects, with any current or past elected official.

You can find additional information on my legislative record on my Web site at www.house.gov/mica.

U.S. Rep. John Mica, R-Winter Park, represents FloridaÕs Seventh Congressional District, which includes St. Johns County.


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