Sunday, November 27, 2016

Florida Judicial Nominating Commission's Clubby Secrecy Must Be Remedied

Lovely article by Nancy Smith in Sunshine News Network yesterday (November 26, 2016) about our efforts to win release of Florida Supreme Court applications, comparing me to the cavalry coming to the rescue, amidst other Florida journalists ignoring the story:

Here's the e-mail I sent Governor Scott yesterday about the contumacious chair of the Florida Judicial Nominating Commission, tobacco and liquor lobbyist JASON UNGER:


-----Original Message-----
From: Ed Slavin
To: Jack.Reid ; scottopengov ; Amanda.Gorman
Sent: Sat, Nov 26, 2016 11:24 am
Subject: Jason Unger resignation; Venue for 11/28 meeting; Please place letters of recommendation and all other Florida Supreme Court Judicial Nominating Commission documents on Governor's website; my Open Records Request 2016-436

Dear Governor Scott, Mr. Reid and Ms. Gorman:
1. Will you please order the Florida Supreme Court Judicial Nominating Commission to meet in a government building such as the Palm Room at Orlando Public Library, and not at a louche lobbyist's lair (GrayRobinson office in Orlando)?
2. Will you please place on the Governor's website all of the letters of recommendation and other documents on the Florida Supreme Court Judicial Nominating Commission?
3. JASON UNGER snail-mailed me a second thumb drive, containing letters of recommendation. I received it yesterday, the day after Thanksgiving, November 25, 2016. A few letters are PDFs, and readable. The majority are in UNIX, and not readable. This is not transparency.
4. JASON UNGER has never spoken to me by telephone. JASON UNGER is insensitive to transparency and public participation, ignoring my question about scheduling time for public comment during the Florida Supreme Court JNC meeting, which begins in a little more than 48 hours.
5. It is a conflict of interest and an appearance of impropriety for a tortfeasor, tobacco, liquor and municipal lobbyist to chair the Commission helping pick our next Supreme Court Justice. Don't you agree?
6. Will you please terminate today, or ask JASON UNGER to resign, as our Florida Supreme Court Judicial Nominating Commission Chair?
7. Thank you again for placing the eleven (11) Supreme Court applications on the Governor's website -- I look forward to your promptly reversing the Berger and King redactions, which appear to violate Article I, Section 24 of our Florida Constitution and F.S. 119.

With kindest regards, I am,



-----Original Message-----
From: Ed Slavin
To: Jack.Reid ; scottopengov ; Amanda.Gorman
Sent: Fri, Nov 25, 2016 12:21 pm
Subject: Thank you for prompt response on Florida Supreme Court Judicial Nominating Commission documents; my Open Records Request 2016-436

Dear Governor Scott, Mr. Reid and Ms. Gorman:

Thank you for placing all eleven Supreme Court applications on the Governor's Open Government website by 5:33 PM on November 23, 2016.

I greatly appreciate it. Thank you for your promptness, kindness, courtesy and public service, in working to vindicate the peoples' Right to Know late on Wednesday afternoon, on the day before Thanksgiving.

This prompt action helps remedy the delays and desuetude by GRAYROBINSON lobbyist JASON UNGER, who chairs the Florida Supreme Court Judicial Nominations Commission. Mr. UNGER snail mailed me a computer thumb drive, never acting on my request to place it on a website. This was an appearance of impropriety.

Lobbyist JASON UNGER still refuses to schedule Supreme Court JNC meetings for a government building, insisting on meeting in the offices of GRAYROBINSON. This is an appearance of impropriety.

Please advise or instruct Florida Supreme Court JNC Chairman Unger to change the November 28, 2016 Florida Supreme Court JNC meeting location to the Orlando Public Library Palm Room.

I greatly look forward to hearing from your office soon on redactions. Please reverse Wendy Berger's and Brad King's redactions of the employer names for their spouse and adult offspring. Please remedy their apparent violations of Article I, Section 24 of our Florida Constitution and F.S. 119 before the Florida Supreme Court JNC meeting commences on November 28, 2016.

Thank you for all that you do!

Happy Holidays!

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Ed Slavin
To: Jack.Reid ; scottopengov
Sent: Wed, Nov 23, 2016 3:58 pm
Subject: (Corrected) EXPEDITED RELEASE OF Florida Supreme Court Judicial Nominating Commission documents; my Open Records Request 2016-436

corrected

-----Original Message-----
From: Ed Slavin
To: Jack.Reid ; scottopengov
Sent: Wed, Nov 23, 2016 2:43 pm
Subject: EXPEDITED RELEASE OF Florida Supreme Court Judicial Nominating Commission documents; my Open Records Request 2016-436

Dear Governor Scott and Mr. Reid:
1. Please direct the Supreme Court JNC to hold its 11/28 meeting in a government building, and not in the Orlando office at GrayRobinson.
The Orlando Public Library's Palm Room is both suitable and available. No further excuses are desired or required from Mr. Jason Unger, a tobacco and alcohol lobbyist who chairs the Florida Supreme Court Judicial Nominating Commission.
2. On November 15, 2016, I first requested from JNC Chair Mr. Jason Unger "copies of all the Supreme Court vacancy applications and recommendations."
3. Mr. Jason Unger did not refer my request to you, or acknowledge your authority as Governor, until today, eight (8) days later.
4. Please provide the records today. Again, JNC meets 11/28 (Monday), in five (5) days. Mr. Unger delayed my request.
5. Mr. Jason Unger has provided eleven redacted applications, but no other records.
6. Mr. Jason Unger wrongfully withheld the employer names of two candidates' adult offspring and spouse, respectively.
7. These are our records -- please release them today.
Happy Thanksgiving.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Reid, Jack
To: Ed Slavin
Cc: Gorman, Amanda ; Penrod, Peter ; Gibson, Ben
Sent: Wed, Nov 23, 2016 1:41 pm
Subject: Re: Florida Supreme Court Judicial Nominating Commission meeting; Open Records Request Redactions


Good Afternoon Mr. Slavin,

Governor Rick Scott’s Office of Open Government received your request for records, a copy of which is below for your reference. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor, and Happy Thanksgiving.

Sincerely,

Jack Reid
Director, Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9248

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.


From: Jason Unger
Sent: Wednesday, November 23, 2016 12:05 PM
To: Ed Slavin
Cc: Reid, Jack
Subject: Re: Florida Supreme Court Judicial Nominating Commission meeting; Open Records Request Redactions

Thank you Mr. Slavin, and Happy Thanksgiving to you as well. I've copied Jack Reid from the Governor's Office of Open Government so he can review your request. The Governor's Office is custodian of the records, and has the original, unredacted applications in its possession.

Sent from my iPhone


Jason Unger | Managing Shareholder
G R A Y | R O B I N S O N

301 South Bronough Street, Suite 600 | Tallahassee, Florida 32301
T: 850-577-9090 | F: 850-577-3311 | D: 850-577-5489
E-mail | Website | Bio | vCard

Facebook | LinkedIn | Twitter

On Nov 23, 2016, at 7:30 AM, Ed Slavin wrote:

Dear Mr. Unger:

A. Our Florida Open Records Act exemptions are "narrowly construed." The two quoted sections you sent me from your iPhone yesterday at 3:26 PM both appear to be inapplicable. F.S. 119.071(4)(d)(2)(c) and F.S. 119.071(4)(d)(2)(d).

B. Did you speak to Judge Berger and Mr. King? Did you do any research? Are you personally asserting the exemptions? Is JNC? Is Judge Berger? Is Mr. King? Have you or anyone else received any legal advice from Assistant Florida Attorney General Pat Gleason? From someone else? Please provide all pertinent documents the invocation of these two exemptions. Again, our Florida Open Records Act exemptions are narrowly construed. Some of the information for which you assert "exemptions" is:
1. already published in one of the two applications, or
2. already published in newspapers (along with Larry Berger's photo), or
3. already published on the Florida Bar website.
This makes your November 22, 2016 e-mail -- and its unreasoned, undocumented, unexplained, unadorned and uninformed ukase asserting exemptions -- at best, facetious.

C. Please cease and desist from obstructing, blocking and resisting publishing online the text of the eleven applications on a website.

D. Kindly stop blocking public access to data concerning possible conflicts of interest by applicants Brad King and Wendy Berger.

E. Kindly disclose by 3 PM today:
1. the name of CEO/EVP Larry Berger's corporate employers;
2. the name of Sheriff's Deputy Chase King's specific Sheriff's Department employer;
3. the name of the specific Court of Appeals Judge for whom Andrew King clerks at the 1st DCA in Tallahassee.
Then we'll be done.

F. The names of one spouse and two adult offspring in quo are already disclosed. I merely asked you for the identity of their employers, not "addresses" or "places of employment." Your rote invocation of inapplicable "exemptions" is violating the rights of 20 million residents of Florida and our constitutional Right to Know. Florida Const., Article I, Section 24. This violates our First and Ninth Amendment rights.

G. We, the People all have an indefeasible Right to Know about potential conflicts of interest, self-dealing and nepotism by all applicants who aspire to be our Florida Supreme Court Justices.

I. Judge Berger's husband, Larry Berger, is admittedly a corporate CEO and EVP, thus potentially seeking government favors and contracts without disclosing for what corporations he works. For which corporations? Keeping that information secret has no valid public function. It is deeply offensive -- it would deprive journalists of the ability to report the news. It would deny potential witnesses of the right to provide information to JNC on November 28th. It would deny potentially affected parties of the right to file recusal motions and ethics complaints. Fifth Circuit State's Attorney Bradley King's son, Chase King, is a Sheriff's Deputy. For what Sheriff's Department? Keeping the name of the Sheriff's Department for which Deputy Chase King works secret from public knowledge likewise has no valid public function. It is unseemly. It is unAmerican. As the late Senator Daniel Patrick Moynihan wrote, "… secrecy is for losers." Daniel Patrick Moynihan, Secrecy: The American Experience (1998).

J. I have not asked for:
c. The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; the home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges; and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s. 119.07(1).
d.(I) The home addresses, telephone numbers, social security numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; the home addresses, telephone numbers, social security numbers, photographs, dates of birth, and places of employment of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(II) The names of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(III) Sub-sub-subparagraph (II) is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand repealed on October 2, 2018, unless reviewed and saved from repeal through reenactment by the Legislature.
F.S. 119.071(4)(d)(2)(c) and F.S. 119.071(4)(d)(2)(d).

K. Where will the November 28, 2016 meeting of the Florida Supreme Court Judicial Nominating Commission be held? In the Palm Room at the Orlando Public Library? That's what I suggested by November 20, 2016 e-mail, to which you did not respond. If not, why not?

L. Or will FSCJNC still be meeting in your GrayRobinson lobbyist/law firm offices in Orlando? If so, why?

M. What makes you so insensitive about conflicts of interest and appearances of impropriety as to insist on meeting in the offices of a 300 lawyer corporate law firm? After you criticized courthouse operating hours, I responded. I gave you an attractive, accessible and easily attainable alternative -- Orlando Public Library's Palm Room, open until 8 PM. That alternative easily avoids the appearance of impropriety of the Florida Supreme Court JNC meeting in the offices of your 300 lawyer corporate law firm, one where you work as Managing Shareholder, and where you daily do lobbying work for liquor, tobacco, municipal, health care and other special interests.

N. Will public comment be taken at the JNC's November 28, 2016 meeting? Please place it on the agenda.

O. I have asked the staff of the new Speaker of our Florida State House of Representatives, Rep. Richard Corcoran, to investigate our Florida Supreme Court JNC's actions as part of the Speaker's anticipated crackdown on the undue and corrupting influence of lobbyists in Tallahassee. I have shared this e-mail with Speaker Corcoran.

P. Please call me to discuss, today. As RFK once wrote to Sen. James O. Eastland, "Repent now, there's still time."

Happy Thanksgiving, Chairman Unger.

Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Jason Unger
To: easlavin
Sent: Tue, Nov 22, 2016 3:26 pm
Subject: Re: Florida Supreme Court Judicial Nominating Commission meeting; Open Records Request Redactions

Mr. Slavin,

Please see exemptions under F.S. 119.071(4)(d)(2)(c) and F.S. 119.071(4)(d)(2)(d). A website link is provided below for your convenience. Thank you.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/Sections/0119.071.html

Sent from my iPhone


Jason Unger | Managing Shareholder
G R A Y | R O B I N S O N

301 South Bronough Street, Suite 600 | Tallahassee, Florida 32301
T: 850-577-9090 | F: 850-577-3311 | D: 850-577-5489
E-mail | Website | Bio | vCard

Facebook | LinkedIn | Twitter

On Nov 21, 2016, at 3:09 PM, Ed Slavin wrote:

Dear Mr. Unger:
Thank you for the thumb drive containing the eleven (11) applications. I received it today.
A. Please note the following questionable redactions or material omissions of fact, which I have noticed thus far:
1. The names of the employers of Brad King's adult children (which Sheriff? Which DCA Judge? Which State's Attorney? All are public records.)
2. The name of Wendy Berger's husband, where he is employed as CEO and EVP (she does not list those corporations among likely recusals in response to Q34).
Since Judge Berger's husband's name (Larry)(and photograph) appeared in the newspapers upon her inauguration as DCA judge, there is no legitimate purpose served in omitting either that or the name of his current corporate employers.
B. These omissions may suggest a lack of openness and candor on the part of these two applicants and require further scrutiny.
C. Please provide the requested information today, pursuant to F.S. 119 and Article I, Section 24 of the Florida Constitution.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Jason Unger
To: easlavin
Cc: Cynthia Angelos ; Daniel Nordby ; Fred Karlinsky ; Hala Sandridge ; Israel U. Reyes ; Jason Unger ; Jeanne T. Tate ; Jesse Panuccio ; Nilda Pedrosa
Sent: Sat, Nov 19, 2016 11:41 am
Subject: RE: Florida Supreme Court Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request

Thank you Mr. Slavin. I have no documents responsive to your request below as the venue selection was done orally at our October meeting.

I appreciate your concerns and will call you as requested, but law firm offices are typically used for such interviews because JNCs are independent, constitutionally created bodies with no state funding. Government buildings and courthouses can be problematic in that they generally close by 5:00 pm (interviews and deliberations will continue well past 5:00 pm) and don't have dedicated staff to assist JNCs with the copying/printing of documents, etc.

The interviews on November 28th are open to the public and, per the Florida Channel, will be broadcast live throughout the state.



Jason Unger | Managing Shareholder
G R A Y | R O B I N S O N

301 South Bronough Street, Suite 600 | Tallahassee, Florida 32301
T: 850-577-9090 | F: 850-577-3311 | D: 850-577-5489
E-mail | Website | Bio | vCard

Facebook | LinkedIn | Twitter

From: Ed Slavin [easlavin@aol.com]
Sent: Saturday, November 19, 2016 9:35 AM
To: Jason Unger
Subject: Re: Florida Supreme Court Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request

Dear Chairman Unger:
1. Please respond to my questions about your scheduling the Florida Supreme Court Judicial Nominating Commission meeting at GrayRobinson offices.
2. GrayRobinson is a 300 lawyer corporate law firm that represents government contractors, various seekers of government favors and alleged polluters, fraudfeasors, oligopolists, white collar criminals and other influential special interests who dominate our government.
3. Picking the next Florida Supreme Court Justice in a meeting in your Orlando GrayRobinson law firm office shows very poor judgment. Your venue selection is, at best, unseemly. Can you imagine how your six Supreme Court Justice recommendations to Governor Scott might be viewed by all of the people who are plaintiffs or defendants in cases where GrayRobinson represents a party? Put yourself in their shoes. Show transparency, please. Show empathy, respect and consideration for the majority of the people in the State of Florida, who are not rich, powerful or corporate officers.
4. As our Florida House of Representatives Speaker-elect Richard Corcoran has said, it is a "disgrace" that Florida city and county governments hire lobbyists in Florida, or to feel that they are obliged to hire a bagman-fundraiser-lobbyist-bundler to be heard by our legislators in Tallahassee.
5. You, sir, are the Managing Shareholder of GrayRobinson and are the registered lobbyist for at least three (3) Florida city governments and numerous special interests, including liquor and tobacco companies.
6. For a lobbyist to chair the Florida Supreme Court Judicial Nominating Commission is bad enough, but holding the JNC meeting in your own GrayRobinson law firm office is a stench in the nostrils of our Nation. It is freighted with the odor of special interest domination of the judicial selection process for the next Justice of our Florida Supreme Court.
7. Why did the Florida Supreme Court Judicial Nominating Commission ever even think of scheduling the meeting for a corporate law firm office instead of a public building, like a Courthouse?
8. Who authorized it in the Governor's office? Anyone? Please provide documents.
9. Who suggested it on the Florida Judicial Nominating Commission? Was it you? Was there a vote to pick the venue, or did you decide unilaterally? Please provide all documents on the selection of your chosen venue, which is, at best, an appearance of impropriety.
10. Will you and the other members of the Florida Supreme Court Judicial Nominating Commission kindly agree to relocate the November 28, 2016 meeting of the Commission to an actual Courthouse or other suitable government building, regardless of your assertions about alleged "logistics?
Please call me to discuss.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Ed Slavin
To: Jason.Unger
Sent: Wed, Nov 16, 2016 1:34 pm
Subject: Re: Florida Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request

Dear Mr. Unger:
1. Please send thumb drives.
2. Please place all documents on judicial, Florida Bar or Governor's website.
3. Please identify specific F.S. 119 statutory exemptions for each redactions with a Vaughn index.
4. Please answer my question and kindly change meeting location from GrayRobinson offices.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




-----Original Message-----
From: Jason Unger
To: easlavin
Sent: Wed, Nov 16, 2016 1:18 pm
Subject: RE: Florida Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request

Mr. Slavin,

There is no Florida Judicial Nominating Commission website. The Florida Bar does have certain JNC information posted on its website, but the Supreme Court JNC has no control over The Florida Bar. The Governor’s Office is in receipt of the applications and may be placing them on the Governor’s website for easier access. That link is:

http://www.flgov.com/judicial-and-judicial-nominating-commission-information/

I have redacted applications and letters of recommendation available for inspection and/or copying, or I can mail you thumb drives. Thank you again.

From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, November 16, 2016 8:46 AM
To: Jason Unger; nildapedrosa@gmail.com; cynthiagangelos@gmail.com; karlinskyf@gtlaw.com; dnordby@shutts.com; jpanuccio@foley.com; ireyes@reyeslawfirmpa.com; jeanne@jtatelaw.com.
Cc: scottopengov@eog.myflorida.com; pat.gleason@myfloridalegal.com; susancoopereastman@gmail.com; jim.sutton@staugustine.com; ankersen@law.ufl.edu; hamann@law.ufl.edu; little@law.ufl.edu; mills@law.ufl.edu; rosenbury@law.ufl.ed; Teresa Barreiro; judgelitt10@gmail.com; waltbog@nytimes.com
Subject: Re: Florida Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request

Dear Mr. Unger:
Thank you.
Please place on the Florida Judicial Nominating Commission website so all can read it.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com




Jason Unger | Managing Shareholder
G R A Y | R O B I N S O N

301 South Bronough Street, Suite 600 | Tallahassee, Florida 32301
T: 850-577-9090 | F: 850-577-3311 | D: 850-577-5489
E-mail | Website | Bio | vCard

Facebook | LinkedIn | Twitter

-----Original Message-----
From: Jason Unger
To: Ed Slavin ; nildapedrosa ; cynthiagangelos ; karlinskyf ; dnordby ; jpanuccio ; ireyes ; jeanne
Cc: scottopengov ; pat.gleason ; susancoopereastman Sent: Wed, Nov 16, 2016 8:25 am
Subject: RE: Florida Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request
Mr. Slavin,

I can have all Supreme Court applications for this vacancy (with legally exempt information redacted by the applicants) copied to a thumb drive and mailed to you today. Please advise as to the mailing address. I will ask my assistant to create a second thumb drive of recommendation letters and send that to you as well early next week. Thank you for your patience.


Jason Unger | Managing Shareholder
G R A Y | R O B I N S O N

301 South Bronough Street, Suite 600 | Tallahassee, Florida 32301
T: 850-577-9090 | F: 850-577-3311 | D: 850-577-5489
E-mail | Website | Bio | vCard

Facebook | LinkedIn | Twitter

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.


From: Ed Slavin [easlavin@aol.com]
Sent: Tuesday, November 15, 2016 5:35 PM
To: Jason Unger; nildapedrosa@gmail.com; cynthiagangelos@gmail.com; karlinskyf@gtlaw.com; dnordby@shutts.com; jpanuccio@foley.com; ireyes@reyeslawfirmpa.com; jeanne@jtatelaw.com.
Subject: Florida Judicial Nominating Commission meeting in office of corporate law firm, GrayRobinson; Open Records request
Dear Chairman Unger and Florida Judicial Nominating Commission members:
1. Why are your November 28, 2016 interviews of Florida Supreme Court applicants being held in the offices of a corporate law firm, GrayRobinson, a 300 lawyer corporate law firm with 13 locations in Florida, representing ?
2. I object to this corporate law firm meeting location as, at best, an appearance of impropriety.
3. As Juan Ortega y Gasset said, "yo soy mi y mis circumstancias." ("I am me and my surroundings.")
4. Meeting location is important and symbolic, just like polling place location.
5. As Adrien Davich wrote in The New York Times Magazine:
Ever since the 2000 election, Democrats and Republicans alike have complained that our voting system is vulnerable to fraud and manipulation. They have scrutinized “hanging chads,” “hiccupping” and “choking” voting machines, miscounted absentee ballots and e-votes that leave no paper trail. Now, though, they may have something more subtle to worry about: the location of polling stations. This year, Jonah Berger, Marc Meredith and S. Christian Wheeler, researchers at Stanford University’s Graduate School of Business, released a study suggesting that where you vote may significantly influence how you vote.
After analyzing data from Arizona’s 2000 general election, the Stanford researchers found that voters were more likely to support raising the state sales tax to support education if they voted in schools. This bias remained even when results were controlled for voters’ political views and demographics. In a follow-up laboratory study, subjects were asked to vote on a number of initiatives, including California’s 2004 stem-cell-research financing proposition. Before casting a vote, each subject was primed with a picture of a school, church or generic building. Voters were less likely to support stem-cell initiatives when presented with images of a church.
It’s a discomfiting insight: a person’s vote, a hallmark of democracy, may be biased by polling environment. Yet this has nothing to do with dirty politics or foul play. Rather, it’s a fairly basic principle of psychology — the idea that environmental cues can trigger ideas and affect our behavior without our being conscious of it. If you’re voting in a school, then the part of your brain that values kids and education might be activated, whereas if you vote inside a church, your ideas about spirituality might be invigorated. For some people, it seems, a change in location is enough to change a vote.
"Voting-Booth Feng Shui," by Adrienne Davich, New York Times Magazine (December 10, 2006).
http://www.nytimes.com/2006/12/10/magazine/10section4.t-4.html

6. From this day forward, please hold all Florida Judicial Nominating Commission interviews and meetings in courthouses or other ADA accessible, neutral, government building.
7. Please send me copies of all the Supreme Court vacancy applications and recommendations.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com






Contaminating Florida's Judicial Nominating Process?






SUNSHINE STATE NEWS: Cost of Protecting the Trump Clan? Who Cares? We Do It



Cost of Protecting the Trump Clan? Who Cares? We Do It
By NANCY SMITH
November 25, 2016 - 6:00am

The cost of protecting a president has always been prohibitive. It's only the election of Donald J. Trump that called attention to it.

In the past week, after media got a look at internal Homeland Security and Secret Service documents, cost of protection became another side story of Election 2016.

It came to a head Wednesday, when President-Elect Trump arrived in Florida for the family's Thanksgiving at Mar-a-Lago, watched over by the core of the Trumps' new extended family -- a contingent of at least 150 Secret Service personnel.

Protecting Trump’s family, in Florida or anywhere else, presents unprecedented challenges. First off, it’s a big family -- 18 members in all -- including Melania Trump and 10-year-old son Barron, as well as four adult children, three of them married, with a combined eight grandchildren.

I Beg to DifferIt's been a long time since the Secret Service has had to protect the adult children of a president-elect.

According to NBC News, when Donald Trump is sworn in as president Jan. 20, the contingent of 150 will swell to more than 920 Secret Service agents and support personnel in Washington and New York City.

Right now the cost to taxpayers is more than $2 million a day, documents show. The number likely will rise whenever the president or first lady travels -- or when the threat level rises.

Meanwhile, the New York Police Department is already handling external security at Trump Tower, the Manhattan home base of the president-elect, at an estimated $1 million per day.

This is not a situation with an easy answer.

As Jonathan Wackrow, a former Secret Service agent who has protected every living president, including President Barack Obama, told NBC News, “You put a price tag on anything around the president, then you’re putting a price tag on his life and that is priceless.”

I agree with that, and with all its implications.

The president -- every president -- and his family are entitled to live their lives as they see fit. The demands of the job are enough for a president to worry about. And remember, the president of the United States becomes a symbol of the Free World the minute he's elected. Do we really want him to have to worry anymore than he does already about his family's safety while he governs?

Millions of dollars worth of infrastructure will have to be installed in Trump Tower to turn it into a White House North. And that's not simply because Melania and Barron will live there instead of in Washington for the first four or five months.

“You have to be able to conduct a global war from the front porch, that is just the reality of the situation,” said Terry Sullivan of the White House Transition Project, a non-partisan organization that helps prepare the staffs of incoming presidents for the rigors of working in the White House.

Every time Trump returns to the luxury 58-story highrise on Fifth Avenue, the feds will also need to find accommodation for staffers in a building where a modest one-bedroom, one-bathroom apartment rents for $5,250-a-month. “They will need at least a whole floor, and every apartment on that floor will need to be turned into an office,” said Sullivan.

No doubt police departments in New York City and Palm Beach are already preparing reimbursement requests to present to the federal government.

No doubt another chapter in the cost-of-presidential-protection story will be written and told in the media every time any one of the Trumps takes a trip outside the Beltway or out of Manhattan.

But I submit this is a necessary cost of doing business in an increasingly dangerous world. Consider how many have threatened to do America harm. We can't let that happen. We must not.

We suck it up, we pay for it, we economize somewhere else. We let the Secret Service do its job and pray it is successful.

Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith

2015 Testimony on National Park and Seashore Proposal for St. Augustine, St. Johns and Flagler Counties

It starts with a national park study amendment -- let us begin anew to preserve and protect our town and environs.


STATEMENT OF STAUGUSTGREENTM,
BEFORE THE
ST. JOHNS COUNTY LEGISLATIVE DELEGATION ON:
ST. AUGUSTINE NATIONAL HISTORICAL PARK AND NATIONAL SEASHORE
OCTOBER 13, 2015
Thank you Mr. Chairman: Senator Hutson and Representatives Stevenson and Renner:
St. Augustine survived genocide, wars, arson, slavery, and segregation – and we the Oldest European- founded City in America just observed our 450th birthday. What's our legacy? 
StAugustGreenTM supports the creation of a St. Augustine National Historical Park and National Seashore. See www.staugustgreen.com.
Our National Parks are truly “America's Best Idea,” as Ken Burns' acclaimed PBS series established, quoting Wallace Stegner. With your help, we can and will help preserve, protect and expand our National Parks, which help create more than 6.5 million American jobs.
In 1939, the St. Augustine National Historical Park and National Seashore Act was introduced during the 76th Congress, supported by then-Mayor Walter Fraser, introduced by then-Representative Joseph Hendricks and then-Senators Charles Andrews and Claude Pepper to conserve this wonderfully unique place. That was more than 76 years ago. 
What exactly are we waiting for? St. Augustine deserves its rightful place. St. Augustine's story is our Nation's story. Diverse people lived, learned from each other and prospered here since 1565. Our Nation's oldest continually-occupied, European-founded City, St. Augustine has a rich history of cultural diversity – America's original melting pot since 1565. Many never learn this in schools, where British-centrism prevails. The story of the United States began in St. Augustine on September 8, 1565: the 800 colonizers included the first Hispanic-Americans, first African-Americans (freed and slave), first Catholics, first Jews and first women from Europe, along with many other firsts in what is now the United States. That was 42 years before Jamestown,Virginia and 55 years before Plymouth, Massachusetts. University of Florida History Professor Michael Gannon says, “When Jamestown was founded, St. Augustine was already up for urban renewal.”
Europe's bloody religious wars were fought here: Spanish, French and English forces fought for hegemony in St. Augustine Northeast Florida. Europeans killed Europeans here, over dogma and which empire would rule. Our Matanzas River (“slaughters”) is named for one September 1565 event, where 270 Frenchmen were put to the sword. No monument to their memories exists in Florida. Likewise, the “Columbian Exchange” began here, with Native American and Europeans first interacting, sharing and fighting for dominance. No proper interpretation or monument to this remarkable exchange currently exists.
St. Augustine is a very special place and deserves protection: it was America's first in so many ways: we had the first Catholic Mass and first Thanksgiving feast (both on September 8, 1565). St. Augustine had America's first town plan (1586), first school, first church, first weddings, first baptisms, first hospital, first forts, first public square, first public market, first paved streets, first park, first system of weights and measures, first cattle, first horses, first pigs, first government with written records, first army and navy, first recorded marriages (including African-Americans), first freed slave communities, first African-American soldiers/sailors, first African-American general and first government anti-Gay hate crime (on Governor's orders in 1566).
St. Augustine residents' courageous activism and litigation produced landmark Congressional and federal court Civil Rights and First Amendment victories (including the 1964 Civil Rights Act and a series of landmark 1963-71 federal court public accommodations and school desegregation orders, a series of orders vindicating the rights of artists and entertainers (buskers) in St. Augustine's historic area (the latest in 2009 and one expected soon), and a 2005 court order for Rainbow flags on historic Bridge of Lions in honor of GLBT history, including the Governor's ordering the 1566 murder of a Gay French translator of the Guale Indian language).  While the Spanish Inquisition was here to a small degree, Spanish governors in St. Augustine never burned a single “witch” (unlike Salem, Massachusetts counterparts). St. Augustine was a small garrison town that beat the odds, surviving continuously since 1565, when other European settlements were swiftly abandoned (including the 1607 British settlement of Jamestown).  St. Augustine represents the triumph of the human spirit in our first, diverse city.
The Underground Railroad began in St. Augustine in 1687. Under Spanish rule, St. Augustine grew into America's first shining bulwark of freedom – the first Underground Railroad ran south to St. Augustine, starting in 1687, as Spain granted freedom to any British slaves who would become Catholics and fight for Spain. Slave revolts resulted in several British colonies upon slaves hearing the news of freedom in St. Augustine, Florida. The British were furious, as their former slaves settled here in 1738 the first freed slave settlement in America, at Gracia Real de Santa Teresa de Mosé (Fort Mosé). The British attacked St. Augustine in 1740, besieging it for 27 days. Spanish-freed slaves and Spanish soldiers fought off British invaders.
Hundreds of British indentured servants fled to freedom in 1777. During the 20-year British period, Menorcans, Greeks and Italians, who were British “indentured servants” (slaves by contract), fled to St. Augustine from the deadly failed mosquito-infested New Smyrna indigo plantations, “voting with their feet,” walking some 70 miles to freedom in St. Augustine in 1777. Their long walk to freedom deserves a National Historical Park, which can happen with state donation of several current state parks along the route they walked from New Smyrna to St. Augustine in 1777 – this should include wonderful bird and other wildlife observation points in three counties, already state parks. Imagine more than 130,000 acres of NPS protected land, at the stroke of a pen, including state parks along this freedom walk.
St. Augustine survived genocide, wars, arson, slavery, and segregation – and we the Oldest European- founded City in America just observed our 450th birthday. What's our legacy? St. Augustine survived and outlasted slavery, genocide of Native Americans (the Timucua tribe ceased to exist), Jim Crow segregation, hurricanes and the British, who thrice burned St. Augustine to the ground (1586, 1668 and 1702) and twice besieged it (1702 and 1740). Continental America's oldest masonry fort – Castillo de San Marcos – was started in 1672 in response to British arson and completed in 1695. The Castillo survived two British sieges and cannonballs with its its unique porous coquina shell construction and artisans' nightly masonry work restoring sections blown away by day. Great Britain owned St. Augustine for twenty years under the two Treaties of Paris, with two peaceful transition to British and back to Spanish rule in 1763 and 1784. Likewise, St. Augustine survived the Civil War without a single shot – in 1861, an Army sergeant turned over the Castillo's keys (Fort Marion), obtaining a receipt from the Confederates. In 1862, Confederates left peaceably when the U.S. Navy (with U.S. Marines) were sighted offshore. The fort was used as a military prison until the Spanish-American War in 1898 – it was a prison for selected American Revolutionary War patriots during the British period, and then for selected Native Americans (Osceola and fellow Seminole warriors; Kiowa; Apaches, including members of Geronimo's band and several of his wives) under the U.S. Army. The U.S. Government's controversial system of Indian boarding schools began right here at the Castillo, and was expanded to dozens of other sites around America. These schools are rightly deserving of NPS interpretation beyond that which was traditionally available at the Castillo.
Slavery began in St. Augustine, Florida on September 8, 1565 – not in Virginia in 1607, as often misreported. Jim Crow segregation was ended by what happened here in 1964, through the courage of local residents and visiting supporters -- the “St. Augustine Movement.” This history deserves NPS interpretation.
In 1964, St. Augustine's 400th anniversary was marred by KKK segregationists, allied with local law enforcement: their fury at peaceful Civil Rights protesters helped President Johnson break the U.S. Senate filibuster against the 1964 Civil Rights Act. The “St. Augustine Movement” was led by local African-American dentist Dr. Robert B. Hayling. Dr. Hayling brought Rev. Dr. Martin Luther King, Jr. and Jackie Robinson. Here. The “St. Augustine Movement” saw the largest arrest of rabbis in American history, the Monson Motel swim-ins, St. Augustine Beach ocean wade-ins, the beating of Rev. Andrew Young and the arrest of Dr. King and the mother of Massachusetts' Governor Endicott Peabody. This was all daily national news.
White House tapes show that in dealing with Southern Senators, President Lyndon Johnson was empowered by the courage of “St. Augustine Movement” as much as by the nightly revolting images and page one headlines of St. Augustine beatings, shootings, muriatic acid poured into the Monson Motel pool, and an iconic photo of a policeman jumping into that pool to arrest J.T. Johnson, Al Lingo, Mamie Ford Jones, Peter Shiras and others for swimming there. After federal court rulings, state law enforcement (Highway Patrol and Fish and Game Commission, supervised by courageous State's Attorney Dan Warren) finally came to defend African-Americans, including those swimming in Atlantic Ocean amid wade-ins. Jim Crow segregation ended because of all that had happened in St. Augustine, Florida.
On July 2, 1964, President Lyndon B. Johnson signed the 1964 Civil Rights Act. Today, women, racial and ethnic minorities, persons with disabilities and Gay and Lesbian people are protected thanks to the courage of the St. Augustine Movement – the 1964 Civil Rights Act was the precedent for human rights laws worldwide. Some of our St. Augustine neighbors who protested in 1964 survive: our elders are sharing their wisdom with future generations and working with Rev. Andrew Young, et. al on several different Civil Rights museums, including the former dental office of Dr. Robert B. Hayling.
Rev. Andrew Young said it best back in 1964: “We change history through finding the one thing that can capture the imagination of the world. History moves in leaps and bounds.”
In 2014, America and St. Augustine honored the 50th anniversary of our1964 Civil Rights Act. Still no federal NPS civil rights museum presence due to lack of funding, although our City did a good turn with its "Journey" exhibit on 450 years of African-American history.  We need the St. Augustine National Historical Park and National Seashore to tell the story of the slaves -- Minorcan and African-American -- whose stories are an integral part of our history. 
Would this be the first National Seashore with a Civil Rights component? Under Florida laws at the time, the Atlantic Ocean was segregated under Jim Crow segregation. Protest wade-ins at St. Augustine Beach pier were international news. Today, formerly segregated African-American beaches statewide are in need of protection, including Bethune-Volusia Beach (near New Smyrna Beach), Virginia Key (Miami) and Bunche Beach (near Fort Myers). DOI must appreciate the urgency of preserving this history, including potential NPS status and protection and possible sequential referral legislation denying flood insurance to anyone destroying their historic homes?
St. Augustine's Native American, Hispanic, Roman Catholic, Jewish, African-American, Minorcan, Greek, Italian and Civil Rights history deserves greater respect from DoI. As Admiral Hyman Rickover once said to President Jimmy Carter (then a recent Naval Academy graduate: “Why not the best?” Why not a public-private partnership to present St. Augustine's diverse history to the world? 
A much better location for an NPS Visitor Center might be the abandoned “Sebastian Inner Harbor” project, where boat docks have already been built before the project was abandoned. This property is in foreclosure. Imagine a DOI-staffed public-private partnership – a National Civil Rights Museum – bordering on the San Sebastian River, site a currently bankrupt development, symbolizing “waters that run like justice” working waterfront, with shrimp boats (not unlike Tarpon Springs' sponge docks), with artists and entertainers (buskers) as in Key West's Mallory Square, with outdoor restaurants.
We treasure our wonderful jewel of a 1672-95 Spanish fort, our Castillo de San Marcos – one of our most-frequently visited but most interpretation-deprived locations in the entire National Park Service. There is also the sister fort of Fort Matanzas. There is also Fort Mosé State Park (underfunded state park threatened with closure), the site of first free black settlement in 1738). There is also a lone historical marker in St. Augustine Beach for beach wade-ins. There is a Civil Rights Foot Soldiers monument and an Andrew Young memorial in St. Augustine's Historic Slave Market square, where abolitionist and transcendentalist Ralph Waldo Emerson first observed slave-selling in 1827 (with multitasking by the chair of the Bible Society and a slave auction being conducted in the public market across St. George Street). There is a small community history museum in Lincolnville. That is all there is at the present time.
Like Atlanta's Rev. Dr. Martin Luther King, Jr. sites, St. Augustine deserves NPS ranger interpretation of African-American and civil Rights history at Fort Mosé, the Slave Market and the churches and homes of Lincolnville and West Augustine (where Civil Rights heroes lived, worked and planned peaceful protests). This will make history come alive, inspiring generations of future Americans to respect equality and the people who struggled to attain it.
Now, more than ever, St. Augustine's key role in U.S. and world history deserves greater National Park Service attention. St. Augustine's wonderful natural beauty likewise deserves National Park Service protection.
With all this history and beauty, St. Augustine currently has two relatively small National Park Service installations – Castillo de San Marco National Monument (20.5 acres) and Fort Matanzas National Monument (some 300 acres). We can do better for future generations. With wise gifts of state and local public lands and wise stewardship by NPS and local residents, we will create a St. Augustine National Seashore. We will help protect against beach erosion and flooding, protecting glorious wetlands and beaches and private property.
We will protect the winter calving (baby-rearing) grounds of the endangered North Atlantic Right Whale (some 300 survive), endangered turtles' nesting grounds, and habitats of bald eagles, beach mice, butterflies and other endangered and threatened wildlife for future generations to enjoy. We will rescue historic lands threatened by “Temple Destroyers” (in John Muir's words).
Wrecking balls have already destroyed some of our history, including Carpenter's House (part of the Dow Museum of Historic Homes now being privatized despite a $2.1 million State of Florida investment and Kenneth Worcester Dow's 62 years of philanthropic purchases; Don Pedro Fornells House (destroyed by Len Weeks, Historic Architectural Review Board chair, our ex-Mayor, working without mandatory permits, and fined only $3600 by our Code Enforcement Board); and a 3000-4000 year old Native American Indian archaeological site just south of St. Augustine (destroyed to build a strip malls and condominiums). 
Florida is already blessed with some 500,000 unsold condominiums. St. Augustine is a national treasure, which must not be destroyed by mindless speculation and endless high rises, like South Florida.
Our history, our buildings and these lands must be protected and not neglected – state parks and forests, water management district land, and county beaches, including Anastasia State Park and the Guana-Tolomato-Matanzas National Estuarine Research Reserve (GTM-NERR) – will be combined into a National Historical Park and National Seashore in two counties, one that will preserve at least 130,000 acres of beach and uplands, rescuing them from threats: closing or privatizing of our parks, e.g., with golf courses (Florida is already blessed with some 1200 golf courses, thank you, and some of those are failing financially). Every year since 2006, our St. Johns County Legislative Delegation has heard us, and talked about the St. Augustine National Historical Park and Seashore – our state legislators now know that we can save tens of millions of dollars by giving selected state lands to the National Park Service. Please see attached 2011 column from St. Augustine Underground (formerly published by Milwaukee Journal).
The St. Augustine National Historical Park and National Seashore will help interpret American history that is too often neglected in our schools, including Hispanic, African-American, Native American and Civil Rights history. We have 11,000 years of Native-American history. NPS needs to do a better job of telling it, especially in St. Augustine, where ethnocentrism was long on display at the Castillo, where Native Americans were imprisoned in the 1800s.
St. Augustine has 500 years of European and African: history: a unique, multi-cultural blend of Spanish, Roman Catholic, African-American, Jewish, Greek Orthodox, Protestant, French, Menorcan, Greek, Italian, Irish, Haitian, Cuban, Civil War, Flagler-era, Civil Rights, Military, Nautical, Resort, Artistic and Musical history. Ray Charles and Marcus Roberts learned to play music in St. Augustine, at our Florida School for the Deaf and Blind. Many jazz musicians retire and play here.
Tourism is the engine of our economy. Environmental and historic tourists stay twice as long and spend twice as much, and they teach future generations of Americans to appreciate nature and understand our history. St. Augustine is rated as one of the best places to live, with the best schools, one of the best places to to retire, one of the most cultured places in Florida (Women's Day), hosts one of the ten best Christmas light displays in the world (National Geographic), and is one of 20 places in the world to see in 2013 (National Geographic).
With National Park Service branding, our City can recover from the Great Recession, just as recovered in past centuries, after hurricanes, British sieges, cannonballs and city-wide arson.
Then U.S. Senate Energy and Natural Resources Committee Chairman Ronald Chairman Wyden said February 19, 2013 at Hanford, Washington's “B” Reactor,
“there is an old saying that those who don't remember the past are doomed to repeat it.... My own view is that history isn't always ideal .... it is important to look deep into the well of history to get a clearer understanding of what lies ahead." Sen. Wyden said Hanford and other Manhattan Project sites “must be preserved so future generations understand what went on here.” He said 2012 was the first in decades Congress hadn't protected our “special places.”
It is time to discuss the St. Augustine National Historical Park and National Seashore. Our draft legislation was called “perfect” by one of our former City Commissioners, who worked at the CEQ and DoI under Presidents Clinton and Bush. This was after a NPS attorney in 2009 refused to read our draft, while inaccurately writing that this would be criminal, misciting 18 U.S.C. 1913.
CONCLUSION
Thank you for helping St. Augustine, Florida win the respect she deserves from NPS and DoI. As Albert Camus said, “If you don't help us do this, then who else in the world will help us do this?”
Then-Secretary of the Interior Ken Salazar, in an ad lib speech on July 18, 2011, came close to endorsing the St. Augustine National Historical Park and National Seashore, referring to “your National Parks here” Let's make it a reality. Secretary Salazar said St. Augustine is “one of our Creator's most special places,” and that its contributions to history need to be made “known to our Nation and the world – that history is important to tell.”
StAugustGreenTM respectfully urges you to support St. Augustine National Historical Park and National Seashore. www.staugustgreen.com By enacting the St. Augustine National Historical Park and National Seashore legislation, we will conserve, preserve and protect nature, property and history, right wrongs, promote healing and teach tolerance. Our work is bipartisan, and will create another “public park or pleasuring-ground for the benefit and enjoyment of the people,” as Congress wrote in establishing Yellowstone National Park on March 1, 1872 – 133 years ago.
Will you please support “America's Best Idea” – a St. Augustine National Historical Park and National Seashore – the best “legacy project” for the 500th anniversary of Spanish Florida (2013), 450th anniversary of St. Augustine (2015) and 50th anniversary of the 1964 Civil Rights Act (2014)?  
What can you do? Floridians are prepared to offer up some of our current state parks, forests and water management district lands for the St. Augustine National Historical Park and National Seashore.  Let's work together.  Let's make this happen.
“Why not the best?” Let us invest in “America's Best Idea.” 
Thank you.
Respectfully submitted,
ED SLAVIN
StAugustGreenTM.
www.staugustgreen.com
PO. Box 3084, St. Augustine, Florida 32085-3084   904-377-4998
EASlavin@aol.com


One Attachment: Column with map from St. Augustine Underground (formerly published by Milwaukee Journal).

Faye Armitage: Preserve and Protect All of Our City's History: St. Augustine Record (2009)


Preserve and protect all of our city's history
Posted: November 7, 2009 - 12:46am
By FAYE ARMITAGE
Fruit Cove
On Nov. 2, I received my First America Passport at the City of St. Augustine's 450th Commemoration Town Hall Meeting at the Flagler College Auditorium. A beautiful rubber-stamp adorns page one of my new passport (co-sponsored by augustine.com). Seven other events are planned, paying tribute to Native Americans, colonists, pirates, the British, Florida "Crackers," Flagler's Age of Opulence, and the Civil Rights era in St. Augustine. Each can earn you another stamp on your way to becoming an ambassador for the first city in our nation: St. Augustine.
Attendance was terrific, about 150. The presentation by Dana Ste. Claire was excellent. See www.staugustinegovernment.com.
Mayor Joe Boles urged attendees to "be creative," explaining how Jamestown welcomed 3-4 million visitors during its 400th birthday, bringing more than $1 billion in economic activity, along with international visitors (including the Queen of England). Heritage and environmental tourism is a very sustainable tourism, growing jobs without pollution. Our planning must preserve and protect, in the words of Frederick Law Olmsted, an "emerald necklace of parks," with a museum covering 11,000 years of history, including Indian, Spanish, African-American, French, English, Minorcan, Civil War, Flagler era and Civil Rights history.
This would empower Florida's schoolchildren to learn from history and nature, while providing the unique St. Augustine "branding" opportunity to grow our economy. That's why I support creation of a St. Augustine National Historical Park, Seashore and Coastal Parkway. Let's combine five state parks into one national park to better protect these local treasures (adding other lands as appropriate, including current St. Johns River Water Management District land).
For more information, check staugustgreen.com. Anyone who watched Ken Burns' 12-hour PBS documentary, "The National Parks, America's Best Idea," knows that our national parks are a uniquely American idea that protects nature and history from destruction. From the Everglades to the Grand Canyon to volcanoes to historic Philadelphia, Boston and New Bedford, the National Park Service is uniquely qualified to interpret our human and natural history. Let's ask NPS to educate Americans about our Nation's Oldest City.
The park could include light rail to connect St. Augustine to the beaches and what are currently state parks, like Guana-Tolomato-Matanzas National Estuarine Reserve (GTM-NERR) and Anastasia State Park, relieving traffic congestion and enhancing the visitor experience.
The park would raise our property values, help fight coastal erosion and wetland destruction, increase sustainable tourism, providing better jobs. Tourism drives our local economy. A national park would increase the length and quality of tourist stays, while making visits here a learning experience for everyone.
Seventh District incumbent U.S. Rep. John Mica recently obtained $500,000 funding for design of a brand-new National Park Service visitors center, located directly across from Castillo de San Marcos.
St. Augustine doesn't need a new building there. That's why I support a visitors' center located elsewhere, perhaps in restored buildings on St. George Street or at Sebastian Inland Harbor, interpreting all of our history and nature, while showing off and encouraging our visitors to enjoy our port, marshes, rivers, seashore and forests. Let's not worsen congestion of downtown. We need a park, not more pork.
We are blessed to live in St. Augustine and St. Johns County and we must adopt legislation to ensure that the places we love are preserved forever, preserving our way of life with an "emerald necklace of parks."
Rose Kennedy's favorite Bible quote was: "To whom much has been given, much is expected." (Luke 12:48).
Let's honor our precious cultural heritage, protect our environment and help grow our economy by having portions of St Augustine and St. Johns County designated as America's next National Park. Yes we can.
*
Faye Armitage is an economist and mother of five who lives in Fruit Cove. She was the Democratic nominee in the Seventh Congressional District against Rep. John Mica in 2008, earning nearly 150,000 votes in a district, which stretches from Ponte Vedra to Daytona Beach and Orlando.

NY TIMES: "Perils of Climate Change Could Swamp Coastal Real Estate"

Irrefragable facts -- something Florida Governor RICK SCOTT and other Florida government officials need to focus on.
We need a St. Augustine National Historical Park and National Seashore to preserve and protect what we love forever.
Now.


Waves crashing over an experimental sea wall built to protect homes during high tide in Isle of Palms, S.C., last year. Credit Mic Smith/Associated Press

Homeowners are slowly growing wary of buying property
in the areas most at risk, setting up a potential economic
time bomb in an industry that is struggling to adapt.


Perils of Climate Change Could Swamp Coastal Real Estate
The New York Times
By IAN URBINA
NOV. 24, 2016


MIAMI — Real estate agents looking to sell coastal properties usually focus on one thing: how close the home is to the water’s edge. But buyers are increasingly asking instead how far back it is from the waterline. How many feet above sea level? Is it fortified against storm surges? Does it have emergency power and sump pumps?
Rising sea levels are changing the way people think about waterfront real estate. Though demand remains strong and developers continue to build near the water in many coastal cities, homeowners across the nation are slowly growing wary of buying property in areas most vulnerable to the effects of climate change.
warming planet has already forced a number of industries — coal, oil, agriculture and utilities among them — to account for potential future costs of a changed climate. The real estate industry, particularly along the vulnerable coastlines, is slowly awakening to the need to factor in the risks of catastrophic damage from climate change, including that wrought by rising seas and storm-driven flooding.
But many economists say that this reckoning needs to happen much faster and that home buyers urgently need to be better informed. Some analysts say the economic impact of a collapse in the waterfront property market could surpass that of the bursting dot-com and real estate bubbles of 2000 and 2008.
The fallout would be felt by property owners, developers, real estate lenders and the financial institutions that bundle and resell mortgages.
Continue reading the main story
Over the past five years, home sales in flood-prone areas grew about 25 percent less quickly than in counties that do not typically flood, according to county-by-county data from Attom Data Solutions, the parent company of RealtyTrac. Many coastal residents are rethinking their investments and heading for safer ground.
Continue reading the main story
Continue reading the main story

Vulnerable Property in the Eastern United States 

Residential real estate sales have grown less quickly in the last five years in areas where flooding from hurricanes is more frequent. 
Some areas that flood the most from hurricanes …
… have had slower real estate sales in the last five years.
Existing-home sales
Hurricane storm
surge risk
DECLINES/SLOW GROWTH
GROWTH
HIGHER
LOWER
–1.0%
0
+0.2%
+1.0%
+64.0%
42
0
20
11
4
Index level
Five-year change in houses and condos
The risk of flooding from hurricanes is high along the Carolina Coast. The real estate markets in many counties there have slumped in the last five years.
The risk of flooding from hurricanes among counties in South Florida is consistently high. Real estate sales declined slightly in Miami-Dade, Collier, Hendry and Lee Counties, while sales in other counties there have barely grown. 
Along the Gulf Coast, most counties are at a high risk of flooding from hurricanes.
“I don’t see how this town is going to defeat the water,” said Brent Dixon, a resident of Miami Beach who plans to move north and away from the coast in anticipation of worsening king tides, the highest predicted tide of the year. “The water always wins.”
These concerns have taken on a new urgency since the presidential election of Donald J. Trump, who has long been a skeptic of global warming, claiming in 2012 that it was a concept “created by and for the Chinese in order to make U.S. manufacturing noncompetitive.”
A real estate developer, Mr. Trump is also the owner of several South Florida properties, including Mar-a-Lago, a 20-acre site that stretches between the Atlantic Ocean and the Intracoastal Waterway in Palm Beach.
Mr. Trump’s recent selection of Myron Ebell to lead his Environmental Protection Agency transition team intensified these worries in Floridaand among many climate scientists. Mr. Ebell has helped lead the charge against the scientific consensus that global warming exists and is caused by people.
Continue reading the main story
Photo
Houses lining the beach in Oak Island, N.C. Home sales in flood-prone areas have grown less quickly than in other counties over the past five years.CreditLogan R. Cyrus for The New York Times 
State lawmakers in Massachusetts and New Jersey are pushing to impose new rules on real estate agents and others, obligating them to disclose climate-related damage like previous flooding.
Banks and insurers need to protect their collateral and investors more by improving their methods for estimating climate-change risks and creating more standardized rules for reporting them publicly, economists warn.
In April, Sean Becketti, the chief economist for Freddie Mac, the government-backed mortgage giant, issued a dire prediction. It is only a matter of time, he wrote, before sea level rise and storm surges become so unbearable along the coast that people will leave, ditching their mortgages and potentially triggering another housing meltdown — except this time, it would be unlikely that these housing prices would ever recover.
Photo
David Jacobs in his home in Wrightsville Beach, N.C., which he fears may be washed away. “It pains me to think my children and grandchildren may not be able to enjoy it,” he said.
CreditLogan R. Cyrus for The New York Times 
“Some residents will cash out early and suffer minimal losses,” he wrote. “Others will not be so lucky.”

Bull’s-Eye for Property Damage

Much of the uncertainty surrounding climate change focuses on the pace of the rise in sea levels. But some argue that this misses the point because property values will probably go under water long before the properties themselves do.
What is often called “nuisance” flooding — inundation caused more by tides than weather — is already affecting property values. Often just a foot or two deep, this type of flooding can stop traffic, swamp basements, damage cars and contaminate groundwater.
Continue reading the main story
Photo
Miami Beach raised the sea wall and pumped out tidewater during a king tide, the highest predicted tide of the year.CreditMax Reed for The New York Times 
Florida has six of the 10 American urban centers most vulnerable to storm surge, according to a 2016 report from CoreLogic, a real estate data firm. Southeast Florida experiences about 10 tidal floods per year now. That number is likely to be around 240 floods per year by 2045, according to climate researchers.
In the past year, home sales have increased 2.6 percent nationally, but have dropped about 7.6 percent in high-risk flood zones in Miami-Dade County, according to housing data. Many coastal cities are taking steps toward mitigation, digging runoff tunnels, elevating roads and building detention ponds.
James Murley, Miami-Dade’s chief resilience officer, said it was important to avoid spooking the market since real estate investment produces much of the revenue that pays for these upgrades. This balancing act is especially important in Florida because the state and localities rely heavily on property and sales taxes for funding such projects.
Continue reading the main story
Continue reading the main story

Real Estate Around Miami: Susceptible to Flooding and Sales Slumps 

Miami-Dade County is bursting with valuable real estate along the coast from Aventura to the beginning of the Florida Keys. But relative to other parts of the county, areas that flood the most have had the slowest sales recently. 
Many areas around Miami that flood the most …
… have had slower real estate sales in the last five years.
Percentage of homes in high-risk flood zones
Five-year change in existing-home sales
100%
50%
25%
0
–55%
0
+50%
+340%
75%
–25%
Aventura
Bal Harbour
Hialeah
Everglades
Miami Beach
Key
Biscayne
Kendall
Miami
ZIP codes
in Miami-Dade
County, Fla.
Homestead
Everglades
Florida is not alone. Forty percent of Americans live and work in coastal areas, and those who can afford it are protecting their investments by building private bulkheads and lifting their homes onto stilts. But skeptics question the logic of upgrading individual properties if the surrounding areas do not keep pace and flooding or the rise in sea levels swamps nearby roads.
For many home buyers and owners, the cost of flood insurance is a growing worry. As premiums rise, property values fall, a trend already hurting home prices in places like Atlantic City, Norfolk, Va., and St. Petersburg, Fla., according to local real estate agents.
Roy and Carol Baker, who now live in Sarasota, Fla., recalled trying for several months to sell their home in nearby Siesta Key in 2014. Interested buyers kept backing out of the purchase when they found out that the annual flood insurance premium was roughly $7,000, they said.
This experience will become more common, economists say, as the federal government shifts away from subsidizing flood insurance rates to get premiums closer to reflecting the true market cost of the risk.
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Brent Dixon looking out from his apartment in Miami Beach. “I don’t see how this town is going to defeat the water,” he said. He plans to move north and away from the coast.CreditMax Reed for The New York Times 
As difficult as it is to predict the pace of climate change, modeling how it will affect the real estate market is even more complicated. Like a game of hot potato, builders, homeowners, banks, flood insurers and buyers of securitized mortgages try to hand off risky properties before getting burned. Developers erect houses and sell them typically within a couple of years, long before their investments depreciate. Banks earn commissions even on risky home loans before bundling these mortgages into securities and selling them to large pension funds, insurers or other buyers.
Home buyers tend to think short term, focus on what they can afford and hope that the local infrastructure keeps pace with the rise in sea levels. Home buyers are also generally on their own as they look at prospective properties and try to size up their risk, as real estate agents vary in what they disclose.
Most real estate agents say they try to tackle the issue head-on, providing clients with maps indicating federally declared high-risk flood zones, and using climate-change preparedness as a selling point, emphasizing if the house has a backup generator or shingles that can withstand hurricane-strength winds.
But real estate agents risk putting themselves at a competitive disadvantage by overstating threats. Good information is hard to come by. No one knows whether, when or by how much properties will depreciate, seas will encroach or flood insurance policies will change.
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A beach house under construction in the Sandbridge neighborhood of Virginia Beach. Despite a slowdown in home sales, many flood-prone cities are still growing.CreditBenjamin Donald Boshart for The New York Times 
Valerie Amor, a real estate agent in Fort Lauderdale, said that, unlike most in her industry, she does a feasibility study before she assists in either buying or selling property.
“It should not be left as a moral or personal decision,” said Ms. Amor, adding that more disclosure should be mandatory.

Disclosing Natural Disasters

Norfolk is a city surrounded by water. In 2014, the Federal Emergency Management Agency expanded the area designated as highest risk for a flood in an update to regional maps, requiring thousands of new homeowners to have flood insurance. The real estate industry worried about the impact on the market. Lawmakers responded.
The region around Norfolk has among the highest rates of annual sea level rise on the East Coast. Rising water and sinking land could push the relative sea level up in some parts by six feet by the end of the century, the United States Army Corps of Engineers estimates. Flood insurance in moderate- to low-risk areas nationally costs more than $200 a year, according to the National Flood Insurance Program, but for properties in flood zones, those rates could rise by as much as several thousand dollars.
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Houses with raised foundations on waterfront property in Norfolk, Va. Rising water and sinking land combine to give the region around Norfolk among the highest rates of annual sea level rise on the East Coast.CreditBenjamin Donald Boshart for The New York Times 
Virginia requires real estate agents to reveal whether a property is in a military airplane noise zone, has defective drywall or has ever been used to manufacture methamphetamine. After the flood maps were updated, the industry wondered what new disclosure rules would be mandated. Should homeowners or their agents be required to reveal to potential buyers if the house had been flooded? Should they have to tell how much flood insurance cost and was estimated to rise?
Within a year, state lawmakers passed a real estate disclosure law that the industry hailed as a major step forward. “We are immensely satisfied,” Deborah Baisden, then president of the Virginia Association of Realtors, said of the law.
While the law encourages home buyers to exert due diligence in investigating the risk of living in a flood hazard area, it also explicitly states that the seller of a home is not obligated to disclose whether the home is in a zone that FEMA regards as high risk.
Some city officials said the law did not go far enough. “It’s a nondisclosure disclosure,” Meg Pittenger, an environmental manager for the city of Portsmouth, Va., told reporter for The Virginian-Pilot. She added that it should have required sellers or agents to inform prospective buyers whether a property lies in a flood zone.

Short Answers to Hard Questions About Climate Change 

Flood risks are easily overlooked because past flood damage often goes unreported and, as in Virginia, the burden of discovering it falls to the buyer. LexisNexis, a news and legal research company, can supply sellers a report with the history of flood claims on the property, but buyers usually do not know to ask for it. FEMA collects information on federal insurance claims for homes nationally, but the agency has been reluctant to make it public for privacy reasons.
States and local real estate agents are handling disclosure differently. In Florida, real estate agents have to notify purchasers if a property is subject to natural hazards, but the law applies only to a limited area along the Florida coast and has no penalties for noncompliance. And in 2010 lawmakers stripped the requirement to disclose a property’s windstorm mitigation rating.
California, Washington and Pennsylvania, on the other hand, require the disclosure of past flooding or susceptibility to future flooding. In New York, sellers are required to disclose whether a property sits in a flood plain. “It may be a matter of life and death,” said State Senator Stewart Greenleaf of Pennsylvania, who sponsored a state disclosure rule that became law this year.
Some real estate agents around Boston have begun taking prospective buyers to newly repaired multimillion-dollar sea walls built to protect homes from storm damage. They also have begun to encourage clients to increase the marketability of their properties by installing storm-resistant technology, including steel beams and window flaps that allow water to flow in and out of a basement during a flood.
Not everyone favors more disclosure, said Daren Blomquist, the senior vice president of communications at Attom Data Solutions, the real estate data tracking firm that serves brokers, lenders and insurers. After strong objections from real estate companies, which threatened to stop providing data, his firm took down its web page that integrated real estate listings with plot-by-plot information about the risks of floods, hurricanes, wildfires and other natural hazards.
“The pressure was intense,” he said, adding that the company still provides this information on separate web pages.

Banks and Insurers Try to Adapt

It is not just property owners, buyers and sellers who are struggling to estimate the potential financial impact of climate change on the real estate market. These risks compound as individual mortgages get bundled and sold as securities. In his April report, Mr. Becketti, the Freddie Mac economist, emphasized how difficult it was to predict whether the bubble in coastal real estate would slowly deflate or suddenly pop.
“Will the value of the house decline gradually as the expected life of the house becomes shorter?” he wrote. “Or, alternatively, will the value of the house — and all the houses around it — plunge the first time a lender refuses to make a mortgage on a nearby house or an insurer refuses to issue a homeowner’s policy?”

MORE REPORTING ON CLIMATE CHANGE 

The real estate and mortgage markets have been slow to confront climate change, said Albert Slap, an environmental lawyer and the president of Coastal Risk Consulting, a company that advises communities on how to prepare for sea level rise. Most buyers of securities, for example, underestimate the risk in their portfolios by relying on FEMA flood maps, he said. Strictly backward looking, these maps are based on floods that have already occurred.
To make matters worse, the National Flood Insurance Program is more than $20 billion in debt. After several major coastal storms, Congress tried to fix the program, passing a law in 2012 requiring that insurance premiums be recalculated to accurately reflect risk. Coastal homeowners rebelled, arguing that the legislation made insurance unaffordable, and in 2014 Congress repealed parts of the law.
George Kasimos, a real estate expert in Toms River, N.J., said homeowners had good reason to react. “A homeowner may be approved for a $300,000 mortgage with a $3,000 a year flood insurance premium,” he said, but the same person’s loan application would most likely be rejected with a $10,000 flood insurance premium. As insurance prices rise, some home purchases will become cash only, squeezing more middle-class and lower-income buyers out of the market.
The North Carolina shore has been especially popular among baby boomers along the East Coast looking for an affordable retirement option.
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Because of beach erosion, officials on Topsail Island, N.C., have had to combat the rising water with large sandbags.CreditLogan R. Cyrus for The New York Times 
David Jacobs, 54, said he expected that his home — about 50 feet from the water in Wrightsville Beach, N.C. — will be washed away soon enough. “It pains me to think my children and grandchildren may not be able to enjoy it,” he said, adding that his flood insurance is now about $400 more per month than it was when he moved there in 2013.
Economists have also called for reporting rules so securities investors would know what portion of their bundled mortgages includes high risk from climate change, like properties in coastal regions, river flood plains, flammable canyons and mountainsides, earthquake zones, tsunami washout zones and tornado alleys.
“Coastal mortgages are growing into as big a bubble as the housing market of 2007,” said Philip Stoddard, the mayor of South Miami. But this time, he said, there will not be a rebound because the waters will not recede and properties will eventually lose all of their value.
Politicians are more focused on keeping developers calm and reassuring people that technological solutions will save the day, he said, which plays into an expectation, especially among the wealthiest homeowners, that the government will bail them out if property values crash.

Riding Out the Storm

Coastal homeowners are reluctant to leave. Robert Meyer, the co-director of the Risk Management and Decision Processes Center at the Wharton School of the University of Pennsylvania, has been using web surveys to assess the willingness of South Florida residents to pay higher taxes for climate-change upgrades rather than move.
“They show a remarkable willingness to stick it out,” Mr. Meyer said. His study found that by 2050 people would still be living in the riskiest areas and would have incrementally paid billions of dollars for adaptation measures.
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A flooded neighborhood after a king tide this month in Fort Lauderdale, Fla.CreditMax Reed for The New York Times 
Despite the slowdown in home sales, many flood-prone cities are still growing. Skyscrapers and new apartment buildings are going up all around Fort Lauderdale. The local chamber of commerce says the city expects to add about 50,000 people in the next 15 years and currently lacks housing to accommodate them. In Miami, much of the new construction consists of luxury condos aimed at a large number of cash buyers from Russia and Latin America.
Nationally, median home prices in areas at high risk for flooding are still 4.4 percent below what they were 10 years ago, while home prices in low-risk areas are up 29.7 percent over the same period, according to the housing data.
Chris Bergh, the South Florida conservation director at the Nature Conservancy, said he was worried because his house on Big Pine Key was just over a half-mile from the beach and only about five feet above sea level.
“In planning for my 7-year-old child’s future,” he said, “I can’t count on him inheriting a valuable piece of property on Big Pine Key.”