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Oral arguments have been set in the case of two state senators challenging Governor Rick Scott’s authority to single handedly stop high speed rail. Today Scott filed his response to the suit calling rail “not wise policy.” As Whitney Ray tells us, the case comes as a federal deadline to claim the 2.4 billion dollars for rail approaches.

The future of high speed rail is now in the hands of the justices of the Florida Supreme Court after two lawmakers filed suit Tuesday, claiming Scott can’t stop rail by himself…

“Not a monarchy, he’s not a king. This is a democracy,” said Senator Arthenia Joyner.

Scott defended the decision on Fox News Wednesday morning. He also told the hosts that high speed rail would only create temporary jobs. Not true says AFL-CIO Legislative Directory Rich Templin. The 2.7 billion dollar project is expected to create 48-thousand jobs. About half are construction jobs.

“No way that you’re not going to create all types of small businesses both in tourism and in other support services for the rail line,” said Templin.

Wednesday Scott also filed this response to the suit. In it, he argues the decision is all his. In 2008 lawmakers took Governor Charlie Crist to court over a deal he inked with the Seminole Indian Tribe to expand gaming. Lawmakers won.

It’s a primary function of the Supreme Court’s to resolve matters between the legislature and the executive branch. Justices have been known to throw out cases that wreck of politics or where lawmakers are acting outside of the wishes of a majority of the legislative body.

But in this case the suit is bi-partisan and even though the Senate President isn’t offering his support both lawmakers represent districts directly impacted by Scott’s decision. Oral arguments have been set for 3:00 EST tomorrow afternoon. Each side will be given 20 minutes. Proponents of rail hope the justices rule quickly.

Attorney General Pam Bondi is standing her ground on felons’ rights after a half hour meeting with the ACLU and NAACP. The civil rights groups are trying to convince Bondi to stop pushing to lengthen the time it takes before a felon can ask to have their rights restored. The Executive Director of the ACLU Howard Simon says Florida should follow the lead of 39 other states with fewer restrictions on former felons.

“We ought to follow what most states in this country do and when people satisfy the terms and conditions of their sentence they deserve to have their rights restored,” said Simon.

Next Tuesday Bondi will ask the state cabinet to reverse a rule by former Governor Charlie Crist that provides automatic restoration of civil rights to non-violent felony offenders.

A comprehensive study of veterans and veterans families found a huge disconnect between 92 percent favoring expanded help for veterans and their families and the actual services being provided.  The study, conducted for the James Madison Institute by USF Professor Susan MacManus found that many veterans have no idea how to access services already being provided.  Lt Governor Jennifer Carroll says Florida needs to do better to improve the 30 percent unemployment rate for veterans.

“It adds to either our work pool, it adds to our social order in our communities.  It’s just good common sense for us to provide a service and make sure we take very, very good care of those who have given us the sacrifice of self,” said Lt. Governor Jennifer Scott.

The Florida survey of not only veterans but their families is believed to be the first of its kind in the nation.

State lawmakers facing tough budget decisions have their eye on the popular bright futures scholarships. The program funds tuition costs for the majority of graduating high school seniors at state universities. It now pays $3750 toward rising tuition costs. The award could drop to as low as $2900 as lawmakers trim the budget. Rashida Gayle of Ft. Lauderdale says she worked extra hard in high school to get Bright Futures, and she and other students will keep working hard if the scholarships get a little dimmer.

“It’s really unfortunate with the recession going on that they have these budget cuts in place and its really taking a toll on students, their pockets, and their parents pockets,” said Gayle.

Critics say the merit-based program gives cash to kids who would have ended up in college anyway.

Two state senators, one from each end of the proposed High Speed Rail route through Central Florida today sued the Governor, asking the Florida Supreme Court to say he overstepped his authority in refusing to accept Federal funds for the project. But, as Mike Vasilinda tells us, even if they win, it may be difficult to force the Governor to build the train.

The lawsuit was filed in the Florida Supreme Court, asking the court to immediately order the governor to accept federal funds to build a high speed rail system. State Senator Arthenia Joyner says the Governor overstepped his authority when he tried to kill the project.

“This is not a monarchy. He’s not a king. This is a democracy and that there are three co-equal independent branches of government,” said Senator Joyner.

The bi-partisan lawsuit argues the legislature appropriated money for high speed rail, set up a funding mechanism, and Governor Rick Scott doesn’t have the authority to overturn existing law or give money back to the federal government thats already been accepted by a previous Governor.

“We just hope that the Governor gets out of the way of innovation and allow Floridians to pursue this wonderful technology. I think it will pay great dividends,” Sen. Altman said.

The Governor has said repeatedly that he doesn’t believe there is a way to keep taxpayers off the hook for the money so even if the Senators prevail in their lawsuit there may be no way to bring the Governor to the dance. And while there may be no way to make the governor allow the use of right of way, Arthenia Joyner says first things first.

“If we get the money then I think everything else will fall in place. This is a very important project,” she said.

After Scott refused the money, the Feds originally gave the state a week to make a deal work, then they extended it another week. Now rail backers are asking for more time until the lawsuit is settled.

Florida law requires Florida to have one of the earliest Presidential primary elections in the nation. Rules adopted by both parties at the national level could penalize Florida if it goes ahead with a January 31st vote, and as Mike Vasilinda tells us, keeping the early vote could be potentially embarrassing for the Florida GOP.

The January primary in 2008 helped cement John McCain’s GOP nomination.

Now, with Obama in the White House, 2012 matters most to the GOP.  New rules agreed upon by both Democrats and Republicans push the four early state primaries back to February. That is a problem for Florida. State law says our primary is January 31st.

GOP lawmakers who are in control, could push the date back , but so far they are balking.

“Florida is the most important state in the presidential election,” Florida Senate president Mike Haridopolos said.

State legislative leaders are also getting support for keeping the early date from Florida’s newest US Senator.

“No Republican can win the presidency without winning Florida, so we should make sure pretty early on that our nominee is someone who can fly here,” Senator Marco Rubio said.

Democratic state Senator Arthenia Joyner of Tampa has legislation to move the primary to March 6th.

Governor Rick Scott has said that he favors the earliest date possible for a primary that doesn’t cost the state any delegates. That would be March 6th.

Republicans from South Carolina are calling for the national GOP convention to be moved out of Florida, if the state votes early. Florida Democrats say the whole mess could embarrass state GOP leaders.

“The Republicans could be hosting the national convention and not have a delegation there,” Florida Democratic Party spokesman Eric Jotkoff said.

Florida Republican party leaders remain confident the national convention will stay in Tampa, no matter when the state decides to hold its Presidential Primary.

If the state does keep its January 31st date, Iowa, New Hampshire, South Carolina, and Nevada are expected to all move their dates from February to January, and if the state sticks with the early date, it could lose delegates to the convention.

Florida’s Everglades restoration plan faces a 66 percent cut in the Governor’s budget proposal, but environmentalists say the cut is too step coming on the heels of previous cuts in recent years. The Everglades Foundation commissioned a poll which found widespread support for continued funding. Kirk Fordham, CEO of the Everglades Foundation says a sweeping majority of Floridians believe job creation and protecting drinking water through restoration is very important.

“We’ve already taken a significant hit–from 200 million, to 100 million, down to 50, and now, potentially, down to 17 million annually,” Fordham said. “We believe that everyone needs to share the pain, but again, the Everglades restoration has already taken a disproportionate hit.”

The poll found that a majority of likely 2012 voters believe job creation and economic growth are tied to an abundant supply of clean water. The current restoration project is expected to create 22 thousand jobs.

Major changes to the way Florida pays its unemployed are ready to be voted on in the state house and session hasn’t even begun. State lawmakers have fast-tracked a plan that would reduce the number of weeks the unemployed can receive benefits, make it easier for businesses to challenge claims and as Whitney Ray tells us, lower taxes.

Randall Webster got an unwelcome gift for his 50th birthday, a pink slip. For the first time in his life, he was unemployed.

“A living hell to be honest, It’s been very difficult,” said Randall.

A former nonprofit director, Webster took his story to lawmakers trying to cut unemployment benefits.

“It’s very difficult when you walk into a situation trying to gain employment and there’s well over 150 candidates trying to get those jobs,” said Randall.

Under a new proposal, jobseekers like Randall would lose their benefits if they turned down jobs that pay the same as their unemployment checks, regardless of their skill level. The bill would also reduce the number of weeks jobseekers can receive state benefits from 26 to 20. Democrats call the legislation heartless.

“Where are those compassionate conservatives that everybody…that you all talk about?” asked Representative Jim Waldman.

Friday the bill passed its final House committee on a party line vote. The bill has been speeding through the legislative process, and even though session has yet to begin it’s ready for a floor vote, which means tax relief for Florida business could be right around the corner.

The bills sponsor says if it goes all the way, businesses, on average, will get a 20 dollar per employee tax break this year. And more tax relief the following year.

“The global idea in Florida as far as doing everything we can to encourage businesses to move to the state,” said Representative Doug Holder.

At issue is two billion dollars Florida has borrowed from the feds to pay claims. The 1st payment is due this fall. The bill sets up a system to pay off the debt by 2020.

The US Department of Transportation is giving Florida more time to come up with a high speed rail plan. Today Governor Rick Scott met with US DOT Secretary Ray LaHood.

Today was the deadline to claim the dollars, but after the two met LaHood extended the deadline. Scott says the project is too risky and fears, if it fails, Florida would be on the hook for the money. Brad Ashwell with Florida PIRG is just one of a dozen groups that will spend the next seven days trying to change Scott’s mind.

“There isn’t a lot of time. There are other states waiting for this money. They are drooling and salivating over the prospect of getting our tax dollars and putting it into their transportation infrastructure. It’s really short-sighted and frankly stupid to reject the money and lose an opportunity to move forward with this project,” said Ashwell.

Senator Bill Nelson released a statement regarding the extension. In the statement he says “there is too much at stake for us not to try everything we can.”

Conflicting views over when felons should have their rights restored are clashing at the State Capitol. In 2007 most former felons were given an automatic restoration of their civil rights. Many are still kept from working because the restoration does not include the right to be licensed. As Mike Vasilinda tells us, the ACLU was asking for more rights restoration today, while the Attorney General says no one should get their rights back automatically

Thursday was Rick Scott’s first Clemency meeting; He was in a generous mood. “I move to grant restoration of civil rights,” the Governor said. But two of the other three on the board must agree and they were not so generous. Saying no to two Scott requests.

Oscar Hernandez was pulled from his car in 1993, after he shot one of his attackers, he fled. That cost him five years in state prison. “I simply reacted to a matter when I was attacked,” he said.

Hernandez was before the State Clemency Board Thursday, asking for a pardon, not just his civil rights, so he could work as a cab driver. “If my civil rights would have been restored, I still would not have been able to get a cab license,” said Hernandez.

Thousands of people like Hernandez have done their time, but can’t be licenses plumbers, cabbies or a host of other professions. The ACLU and a host of Democrats want the restoration of civil rights to also mean eligibility for a license.

“Put all Floridians back to work. Put the least lost and the left behind, back to work,” said State Senator, Chris Smith of Broward County.

After a 2007 change that automatically restored the rights on non-violent felons, a hundred thousand people are still waiting for their rights. Now, if the Attorney General has her way, no rights will be given back automatically.

“I don’t believe that any felony should have an automatic restoration of rights. I believe you should have to ask,” said Attorney General Pam Bondi. The ACLU says Bondi just needs to be educated about the consequences of ending automatic restoration.

College students are taking action to stave off budget cuts to higher education and benefit reductions to state employees. 35 students from Florida State University walked the halls of the capitol today pleading their case. As Whitney Ray tells us, over the past four years seniors in the group have seen class sizes increase, and teacher quality decrease.

These Florida State University seniors are getting a crash course in civics. They made the short walk from FSU to the state capitol Thursday, with stories of how three straight years of budget cuts have impacted their school.

“You start to see some of the programs being a little bit watered down,” said Dustin Daniels, FSU Student Body President.

“There are fewer TA’s in your classrooms, More people in your classrooms,” said FSU Senior Brock Howard.

“Since 2007 FSU specifically has been cut about 85 million dollars. That’s resulted in 40 programs being shut down,” said Bobby Seifter, VP of the FSU Student Body.

The three student body leaders headed a group of 35 FSU students on a lobbying trip through the halls of the state capitol.

They found sympathy for their story, but hope is all together different. Millions of stimulus dollars for higher education aren’t likely to be replaced.

Plus a budget exercise in underway at the behest of lawmakers, asking public universities to come up with a plan to cut 15 percent for their budgets.

It’s just a worst case scenario, but with a 3.7 billion dollar budget shortfall money has to come from somewhere. State Senator Mike Fasano says tough choices will be made.

Reporter: So is this just the harsh reality at this time?
Fasano: It is, it is and that’s what really is sad because those students are paying for it.”

The students will share the burden. A 15 percent tuition increase is likely at each of the eleven state universities. The students also raised concerns that a reduction in health care and pension benefits to professors could cause good teachers to leave Florida.

Women’s rights advocates and Democratic legislators gathered in the state capitol today to fight federal cuts to Planned Parenthood.

Republican members of the US House of Representatives want to eliminate all federal financing for the program that provides birth control, STD screening, and counseling. North Florida Planned Parenthood CEO Staci Fox says that’s unacceptable.

“Taking down an organization like Planned Parenthood means removing lifesaving cancer screening services and affordable access to birth control for women all over this country. This is not something that is acceptable to women,” said Fox.

The cut is part of the House budget. Now the US Senate will have to decide whether or not it wants to keep funding the program.

Move over jobs and taxes. According to a new poll released today voters want state lawmakers to focus on children’s issues this upcoming legislative session.

Children joined a huge cow on the steps of the capitol this morning in Tallahassee touting the new poll numbers showing that seven out of 10 voters want issues such as children’s health care, mentoring and pre-k to top the legislative agenda. The poll was conducted by Tarrance Group at the behest of the Children’s Movement. David Lawrence Jr., President of the Children’s Movement of Florida says lawmakers should take heed.

“We are not asking for a one year legislative wonder but we do insist that we do need to begin this very year to make specific progress in how children succeed in school and in life,” said Lawrence.

Session starts March 8th. Children’s programs will be in a budget battle for dollars because lawmakers have to work with a 3.7 billion dollar budget hole.

Pressure is mounting on Florida to do something about the state’s pill mill problem. The US Drug Czar along with law enforcement officers from other states are growing frustrated because people are flocking to Florida, loading up on painkillers and overdosing. As Whitney Ray tells us, a new prescription drug database would stop the doctor shopping, but Florida’s rogue governor isn’t having it.

Florida is ridden with pill mills. During a six months period, nine million painkillers were prescribed in just two south Florida counties. Seven deaths a day are attributed to people in Florida illegally using legal drugs. Lawmakers created a prescription drug database to curb the problem. The database set to go online this spring would track people who go from doctor to doctor collecting meds.

Governor Rick Scott is taking a defiant stance against the database even though it’s heavily supported by members of his own party.

“I don’t support the database. I believe it’s an invasion of privacy,” said Scott.

The database would help Republican Attorney General Pam Bondi in her fight to stop the South Florida pill mills, but she’s reluctant to chastise the governor’s decision.

“It’s my goal to use every tool possible to shut them down. That includes implementing the rules that have been previously frozen,” said Bondi.

The tension is building at the capitol as officials line up against the governor or keep quiet.

Scott’s not only catching heat from lawmakers here in Tallahassee but the Feds and law enforcement officers in other state’s are fed up with him because they say the pill mill problem in Florida is also killing resident’s in their states.

The Senator whose legislation created the database says Scott can’t stop it.

“It’s in law and he can’t just, all of a sudden, wipe a law out. As much of what Governor Scott would like to do with some of our laws–he can’t just wipe it out,” said Senator Mike Fasano.

Legislative efforts are underway in the House to find a replacement for the database that satisfies the governor. For at least the first year the database would be paid for with 1.3 million dollars of federal grants and private donations.

US Senator Marco Rubio was in the state capitol today meeting with state lawmakers from his own party. While in Tallahassee Rubio spoke about his efforts to reduce federal spending. He also met with Governor Rick Scott and says Scott’s decision to turn down the 2.4 billion dollars for high speed rail was the right one.

“The issue is whether we can afford it and tragically we can’t because until we get spending straightened out in Washington it’s going to be very difficult to fund projects like these,” said Rubio.

The state has until Friday to come up with a plan to go around the governor and secure the federal money. Lawyers from the US Department of Transportation have been talking with Scott, trying to convince him to change his mind.