Saturday, January 20, 2018
Politics

Appeals court rejects challenge to Florida's blind trust law

TALLAHASSEE — An appeals court Monday tossed out a constitutional challenge to a 2013 law that allows public officials to put their assets into blind trusts, pointing to the "speculative nature" of the case.

Jim Apthorp, who served as chief of staff to former Gov. Reubin Askew, filed the challenge last year alleging that the blind trust law violated a constitutional requirement that officials fully disclose their financial interests.

But a three-judge panel of the 1st District Court of Appeal found that Apthorp's case "wholly failed to allege a bona fide, actual, present practical need for a declaration that the qualified blind trust statute is unconstitutional." In part, it said Apthorp did not allege any public official or candidate had used a blind trust in the most recent financial disclosures.

"This case presents an important constitutional question, namely whether a public officer who includes a qualified blind trust authorized under (the section of state law) in any financial disclosure required by law complies with the requirement for full and public disclosure found in (the state Constitution)," said the ruling, written by Judge Lori Rowe and joined by Judges Timothy Osterhaus and Brad Thomas. "However, notwithstanding the substantial interest in this case from the bench and bar, we are constrained to leave for another day the resolution of this constitutional question because this case lacks a justiciable controversy."

Thomas, however, wrote a concurring opinion that suggested the court has questions about the constitutionality of the blind trust law. He wrote that "our conclusion on jurisdiction should not be read as an imprimatur on the statute's constitutional validity."

"Our decision today on justiciability should not be read to lend any support for the proposition that the statute at issue ensures 'full and public disclosure,' as mandated by … the Florida Constitution,'' Thomas wrote.

With Askew leading the effort, Florida voters in 1976 overwhelmingly approved the Sunshine Amendment, which included requiring public officials to disclose their financial interests.

But supporters of the 2013 law say blind trusts prevent conflicts of interest between officials' public duties and financial interests. A blind trust gives someone else the ability to manage investments without a politician's knowledge, but it doesn't require the same level of detail about officials' holdings as is required by typical financial-disclosure forms.

Gov. Rick Scott used a blind trust during his first term in office but ended it last year and listed his financial assets as he qualified for re-election. That disclosure showed Scott's net worth at $132.7 million. After the disclosure, Scott put his assets in a new blind trust.

Comments
U.S. government shuts down; Democrats, GOP blame each other

U.S. government shuts down; Democrats, GOP blame each other

WASHINGTON ó The federal government shut down at the stroke of midnight Friday, halting all but the most essential operations and marring the one-year anniversary of President Donald Trumpís inauguration in a striking display of Washington dysfunctio...
Updated: 8 hours ago
Battle lines already forming for Menendez corruption retrial

Battle lines already forming for Menendez corruption retrial

NEWARK, N.J. ó U.S. Sen. Bob Menendez might spend 2018 asking voters to re-elect him and jurors to acquit him. Prosecutors from the Department of Justice told a federal judge in New Jersey on Friday that they will seek a retrial of the Democratic sen...
Updated: 12 hours ago
Romano: If UCF is national champion, then Iím a Hollywood stud

Romano: If UCF is national champion, then Iím a Hollywood stud

The late Senator Daniel Patrick Moynihan famously said people were entitled to their own opinions, but not their own facts.Clearly, Moynihan never dealt with Florida legislators.Because around Tallahassee, facts are fungible. They arenít just up for ...
Published: 01/19/18
Congress likely racing toward a government shutdown

Congress likely racing toward a government shutdown

WASHINGTON ó A bitterly-divided Congress hurtled toward a government shutdown this weekend in a partisan stare-down over demands by Democrats for a solution on politically fraught legislation to protect about 700,000 younger immigrants from being dep...
Published: 01/19/18
Clearwater City Council candidate John Funk: City needs better planning

Clearwater City Council candidate John Funk: City needs better planning

CLEARWATER ó Voters may not be too familiar with the name John Funk.So since launching his campaign for City Council Seat 5 against well-known incumbent Hoyt Hamilton, Funk said he has knocked on 2,000 doors to introduce himself. Before the March 13 ...
Published: 01/19/18
Clearwater City Council candidate Hoyt Hamilton: Experience is key for critical next term

Clearwater City Council candidate Hoyt Hamilton: Experience is key for critical next term

CLEARWATER ó By asking voters to elect him into office a fifth time, Hoyt Hamilton knows heís now considered part of the old-guard. Born and raised in Clearwater, his family roots stretch back here more than 100 years. Hamilton, 59, spent nearly his ...
Published: 01/19/18

Q&A: Government shutdown looms. Hereís what you need to know

Lawmakers have until midnight tonight to pass legislation to avert a government shutdown.Hereís what that means. Why would the government shut down?Every year, Congress has to approve laws, known as appropriations, that provide money for federal agen...
Published: 01/18/18
Redington Shores mayor, commission positions filled with no opponents

Redington Shores mayor, commission positions filled with no opponents

REDINGTON SHORES ó There will be no election this year, but the changeout of commission members that began last year will continue. When the new commission is sworn in this March, four of five members, including the mayor, will have changed within th...
Published: 01/18/18
Rick Baker leaving Edwards Group, promoting new book

Rick Baker leaving Edwards Group, promoting new book

ST. PETERSBURG ó Rick Baker is opening a new chapter in his life. So far, the future remains an open book.The former two-term mayor announced Sunday that heís resigning his position as president of the Edwards Group effective Jan. 31.Baker has worked...
Published: 01/18/18
Madeira Beach voters have clear choices as battle lines form over growth

Madeira Beach voters have clear choices as battle lines form over growth

By Sheila Mullane EstradaTimes CorrespondentMADEIRA BEACH ó Voters here can either end or continue the cityís divisive politics on March 13. They will also decide how the city grows.The two commission seats that now represent pro-growth and pro-devel...
Published: 01/18/18