Politics

General Counsel gripes abound in Jacksonville City Council

Published

11 hours ago

February 12, 2025

Jacksonville’s top lawyer has sided with Mayor Donna Deegan in a spat with the City Council over how much of a raise to give Meridian Waste.

And some members of the legislative branch that confirmed him unanimously less than two years ago now express deep disapproval of General Counsel Michael Fackler, suggesting he’s more aligned with the executive branch.

Deegan vetoed the attempted 29% raise approved on Dec. 10, 2024.

And while the Council overrode that veto, Fackler contends that the ordinance that allows the Council to set rates “violates the principle of separation of powers explicitly stated in the Charter.”

Less than 24 hours after the Council approved a garbage fee increase raising the fee from $151.80 annually to $324 this year and $384 two years from now in an attempt to rectify a fund in deficit for years, many members expressed discomfort with Fackler’s handling of the Meridian morass.

“We have walked into a lawsuit by that vote,” said at-large Republican Ron Salem, saying Meridian would sue for redress.

In response, Fackler (the subject of a no-confidence resolution from Salem and Rory Diamond) noted the “separation of powers” was in discussion in his office since October, well before the vote.

“The message to me was don’t stick my head up” and “offer unsolicited advice,” he said, adding that he did not know if she would veto the bill and was not “authorized to reveal her plans.”

Salem said Fackler told him “the Mayor was (his) client,” and in that context, he wondered who the City Council lawyer was.

“You didn’t advise us,” Salem said.

Fackler offered to provide preemptive legal advice in the future, but it didn’t mollify Salem, who believes Fackler didn’t offer the Council “adequate representation” and that as a result, Meridian could win a lawsuit and several hundred thousand dollars as a result.

Salem also expressed concern that Deegan has line-item veto authority on the budget passed by the Council, saying he’s worried the legislative branch “won’t be controlling the budget.”

He also took issue with Deegan’s claim that Fackler calls “balls and strikes,” saying the lawyer had never sided with the Council; Fackler disputed Salem’s read.

Diamond, a lawyer by training, expressed his own concerns about the “tense” situation, saying he didn’t believe he could do his job “well” without a General Counsel he has “trust” to represent him and not “break confidences.”

“We’re getting live grenades coming at us now that we’re in a lawsuit,” the Beaches Republican said, noting that Fackler had called him once in the last 15 months, a contrast from regular communication from previous General Counsels.

“I don’t reach out affirmatively on every issue,” Fackler said, urging Diamond to see if they could “work together as best (we) can.”

Diamond also suggested “trust wasn’t there” between Fackler and his deputy lawyers.

Southside Republican Joe Carlucci pressed Fackler on how ordinances became law if they didn’t comply with the city charter.

“If the Mayor doesn’t object, then you guys can do whatever you want,” the city’s chief lawyer said, adding that the Mayor in 1976 (Hans Tanzler) signing off on legislation letting the Council set fees wasn’t binding on this one.

“Don’t change the rules of the game,” Carlucci would say later on in the discussion, after colleagues expressed frustration over the lawyer and opinions they believe are tailored to the Mayor’s agenda.

At-large Republican Nick Howland worried about “further breakdown” between the Mayor and City Council in light of Fackler’s opinion.

Northside Republican Mike Gay likewise said he felt the Council had been “hung out to dry” from the lawyer’s novel interpretation of long-standing law.

“This whole thing was a set up,” added Southside Republican Kevin Carrico, the Council Vice President.

Former President Randy White wondered if the Council could appeal to the Florida Attorney General for an opinion on separation of powers. Fackler advised that he didn’t believe they could.

Westside Democrat Dr. Rahman Johnson said it was “almost dysfunctional” that the General Counsel could represent the Mayor’s Office and City Council simultaneously during conflicts like this. Told of the Office of General Counsel process in arriving at decisions, Johnson wondered if the Council would have access to those deliberations where city lawyers figure out strategy and binding opinion.

“I think what I would say is no,” Fackler said, saying the interest was in his lieutenants being “candid” with him.

The hits kept coming.

“I just don’t believe we have an overall General Counsel for the City Council,” said at-large Republican Chris Miller.

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Politics

Major reform is needed at the Consumer Financial Protection Bureau

Published

5 hours ago

February 12, 2025

May Greene

For a decade, as a member of the Florida State Senate, I fought against overregulation.

After the passage of the REINS-style state law overhauling our state’s regulatory environment, I worked tirelessly to help usher in some of the major changes that have made our state a better place to live, work, and raise a family.

Now, as President Donald Trump begins his second term, I am proud to see a focus on overregulation take hold in Washington, D.C.

Shortly after the inauguration, Trump signed one of his most important executive orders: a regulatory freeze that halted further rulemaking pending an executive branch review. This was a key step in his deregulation agenda.

Included in the President’s regulatory freeze was a pause on any rulemaking currently underway at the Consumer Financial Protection Bureau (CFPB). This pause was especially necessary, because as other agencies had slowed down rulemaking at the end of the Joe Biden era, the CFPB sped up.

Originally formed in 2011, the CFPB has too often strayed from its stated mission of protecting consumers. Under the last administration, it served as a partisan rule-maker that functioned exclusively to help the Democrats. It opted to regulate by enforcement and exceeded its statutory authority, putting consumers and small businesses in harm’s way.

As the Biden administration prepared to leave office, the CFPB ignored the changing of the guard in pursuit of a left-wing agenda that was little more than an assault on small businesses and consumers.

Thankfully, Trump recognized the threat that former CFPB Director Rohit Chopra posed to the administration and fired him. Now, with new leadership in charge, it’s important that the lame-duck, partisan rulemaking be reviewed and repealed if necessary.

Under the last administration, the CFPB changed the rules of the game when it came to regulating financial institutions. Instead of establishing clear guidelines everyone could follow, the CFPB made rules on the spot and expected companies to comply. The agency adopted a dangerous precedent of regulation by enforcement, punishing institutions for not abiding by rules that the CFPB made up on the spot.

The CFPB’s overreach has created regulatory uncertainty for the institutions it oversees, including banks. The consequences of this uncertainty have trickled down to consumers and small businesses who have paid the ultimate price for overregulation. When financial institutions do not have clear rules of the road, they cannot operate as freely as they would like. Access to capital becomes more difficult than necessary and costs increase.

While most federal agencies slowed down once Trump won in November, the CFPB sped up and attempted to cement its partisan agenda. As the Trump administration was preparing to take over, the CFPB ushered through new regulations on credit card late fees, medical debt, and payment app oversight. All of these issues are outside of its jurisdiction. The rules were nothing more than partisan power grabs in the waning days of the Biden term.

Effective regulation requires clarity, consistency, and most importantly, accountability. The Biden CFPB failed on all fronts. The agency has acted as judge, juror, and executioner on a myriad of cases and hurt the very consumers and small business owners they swore to protect.

The American people deserve better. The last-minute rulemaking and agency actions need to be put under a microscope. In many cases, these partisan rules need to be repealed before they do any further harm.

Change is needed now to correct the misdeeds of the last several years.

___

Former Senator Jeff Brandes is the founder and president of the Florida Policy Project.

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Carlos Guillermo Smith and Johanna López want old pools to meet new safety standards

Published

6 hours ago

February 12, 2025

May Greene

Florida is the leader in a terrible statistic: More children under the age of 5 die from drowning in the Sunshine State than any other place in the country, according to the Department of Children and Families.

Two Orlando Democrats are pushing legislation to add more pool regulations they hope will save lives.

Sen. Carlos Guillermo Smith and Rep. Johanna López filed legislation (SB 604, HB 93) that would require, starting Oct. 1, all residences with swimming pools being sold or having ownership transferred to pass a final inspection to make sure the older pools meet the same safety standards for newly constructed pools.

“We must put an end to the epidemic of preventable child drownings that continue to happen in this state,” Smith said in a statement. “Our proposed pool safety requirements are great tools for drowning prevention, and it is critical we ensure they apply to the sale and transfer of all residential homes, regardless of construction year.”

Under their bill, title companies, inspectors and mortgage underwriters will be required to report any home that fails to meet safety and drowning prevention standards, the lawmakers said.

Current Florida law requires pools to have at least one safety measure in place which includes either a safety pool cover, an exit alarm on the home’s doors or windows leading to the pool or a swimming pool alarm.

López co-sponsored a similar bill last year with Rep. Rita Harris that died in the Regulatory Reform and Economic Development Subcommittee.

“Too many families in Florida have suffered the unimaginable loss of a child due to accidental drowning — an entirely preventable tragedy,” López said. “By refiling HB 93 alongside Sen. Carlos Guillermo Smith, we are taking a critical step toward strengthening residential pool safety laws, ensuring that every pool has at least one life-saving safety feature.”

Their identical bills were endorsed by Brent Moore, Executive Director of Children’s Safety Village of Central Florida, a nonprofit focused on protecting kids.

“With Florida again leading the nation in unintentional drowning of children under 18 we emphasize the need for heightened safety standards,” Moore said in a statement. “We believe these updated standards reduce drownings, and all homes should have these protections.”

The Legislature’s Regular Session convenes March 4.

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FDOT chief proposes using electric mini-planes to circumvent traffic

Published

6 hours ago

February 12, 2025

May Greene

It’s time for Florida to start looking to the skies to escape bumper-to-bumper highway traffic, according to Florida Department of Transportation (FDOT) Secretary Jared Perdue.

Perdue this month said he’s interested in having the state seek development of helipad-like sites called vertiports to facilitate the operation of electrical mini-planes to shuttle travelers to and from nearby destinations.

The mini-planes, called eVTOL (electric vertical take-off and landing) aircraft, have been in various stages of development — and in various talks for Florida projects — for years.

U.S. Rep. Carlos Giménez met with a German builder called Lilium GmbH when he was Miami-Dade Mayor in 2018 to pursue the option locally. The County Commission later directed his successor, Daniella Levine Cava, to further study developing an “Urban Air Mobility System” in Miami-Dade, with the potential of bringing services to South Florida by as early as 2026.

Purdue’s onboard too, and he envisions “thousands of (eVTOLs) flying back and forth on the I-4 corridor.” He expects the tech will soon be significantly more efficient, affordable and in broader use.

“You can think about movies that you’ve seen that are science fiction,” he told members of the House Economic Infrastructure Subcommittee last week. “I think you’re going to see rapid development over just a few-year time span.”

The concept of flying cars, taxis, buses and freight vehicles is hardly new, as anyone who has watched “The Fifth Element,” “The Jetsons” or read any number of comic books can attest.

Ride-share company Uber has pumped millions into a flying car project. Amazon’s drone delivery system, Prime Air, launched in 2022. Walgreens and Alphabet, the parent company of Google, launched a drone delivery service called Wing the year before.

More such initiatives were or have been in the works across myriad urban areas worldwide, from Miami to Los Angeles to London to Japan and many places in between.

In January, the Federal Aviation Administration (FAA) updated its design guidelines for vertiport facilities, partly grouping them with heliports. The move came about three months after the agency issued its final rule for the qualifications and training that instructors and pilots must have to fly aircraft in the “powered-lift” category — meaning they have characteristics of both airplanes and helicopters — to which eVTOLs belong.

It marked a milestone in aviation, FAA Administrator Mike Whitaker noted in October; powered-lift vehicles are the first new category of aircraft in nearly 80 years.

“This historic rule will pave the way for accommodating wide-scale Advanced Air Mobility (AAM) operations in the future,” he said.

Florida lawmakers last year approved legislation to help fund vertiport developments through a new grant program under the Florida Department of Commerce. They could soon consider a next step through twin bills (SB 266, HB 199) by Stuart Republican Sen. Gayle Harrell and Miami Republican Rep. Juan Porras that would exempt eVTOL sales, leases or transfers from the state sales tax.

Neither measure has received a hearing yet.

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