Who is Truly Misinforming?

a FAQs Report sent by the Office of Speaker pro tempore Chuck Clemons. And my commentary. Seriously though How long can the City of Gainesville keep pretending?

Let me start tonight by saying, this will be very long. And yes it may anger a few, it will certainly make many laugh, likely due to commentary (please, do not call in sick to work because you laughed too much). So, I received a report today from the Office of Speaker Pro Tempore Chuck Clemons. This report Gives Facts about the bill HB1645, and Answers Questions that the City Commission and others can not seem to figure out. I certainly can not understand why though, with a city attorney, and also a lawyer that is sitting in a commission seat. So, let’s get Started. (This document is also posted to the customers for a better Gru fb page)

1) How does the Florida Legislature have the right to pass a law that grants the Governor the appointment authority over a municipal electric?

All counties, municipalities and special districts are political subdivisions of the State. Specifically, the establishment and governance of municipalities are outlined in Art. VIII, § 2(a) of the Fla. Constitution which provides, among other things, the amending of the charter of a municipality by way of the provisions contained in general or special law.

As such, because the Florida Legislature is the constitutional lawmaking body of our state, they are granted such authority as it relates to all of Florida’s political subdivisions.(Office of Speaker Pro Tempore Chuck Clemons)

I did know that cities and counties were all subdivisions of the state, but what I didn’t know was where I would find this to provide documentation. You would think that at least the city Attorney would have known. I will admit, I did not take the time to look it up either.

2) The GRU legislation is referred to as a “local bill”, what differentiates a local bill from a “general bill”?

A “local bill” is a bill that affects only a local, countywide, or regional portion of the state, rather than all of Florida. A local bill, when signed into law, becomes a “special law” or “special act” as defined in Art. X, § 12(g) of Florida’s Constitution and a general bill when signed is incorporated into “general law”. Local bills are customarily brought forth by members of the Florida House and Senate who represent the affected area. In the case of HB1645, the five members of the Alachua County Legislative Delegation comprised the body that voted in favor of the introduction of the legislation.

Art. III, § 10 anticipates the introduction and passage by the Legislature of special laws of local application and Art. III, § 11(a)(1) grants the Legislature the authority to pass into law, statutes affecting the election, jurisdiction or duties of officers of municipalities.(Office of Speaker Pro Tempore Chuck Clemons)

I am fairly certain, there are two people that are seated with the city commission, that had to take local and state constitutional classes while in college. I know, I could be very wrong.

3) Doesn’t the passage of a local bill trigger a referendum within the area of such a local bill before it takes affect?

While similar local bills passed during the 2016 and 2017 Legislative Sessions contained an approval by referendum prior to codification, HB1645 does not, nor did it have to. A referendum is only required in the event that the intention to file a local bill was not noticed to the public, as dictated in Art. III, § 10. Because a referendum was not included in HB1645, the Legislative Delegation was required to advertise its intent 30 days prior to the legislation’s introduction, as well as to comply with those components contained in general law covering legal notice, which include the filing of local bills.

§ 11.02, Fla. Stat. (2022), dictates what notice the Delegation must provide when considering the introduction of a local bill not requiring a referendum. In accordance with that law, notice was advertised by the Delegation in the Gainesville Sun throughout the affected county or counties on 3 occasions. The law also requires that the notice state the substance of the contemplated law and that it be done so in a manner contained in §50.011-.061, Fla. Stat. (2022), which covers the conditions for publications of legal notices. That chapter also includes the criteria for newspapers where legal notices and processes may be published, the manner in which they must be published, and the requirement of a securing a legal affidavit, attested to by the newspaper, that the notice has been printed, published and distributed.

Accordingly, the Alachua County Legislative Delegation fulfilled all of its legal responsibilities to introduce HB1645 and gain its passage into law.(Office of Speaker Pro Tempore Chuck Clemons)

Louder, for those who seem to think that is has to be a referendum! By the way Here is where you can find the proof of publication. Very legal, that I did look up.

4) HB1645 was not filed until April 10th and the House deadline for filing legislation was March the 7th, wasn’t that in conflict of the Rules of the House?

While the rules of the House and the Senate are procedural, and they provide the waving of any rule by way of a 2/3rds majority, HB1645 was in the proper posture to be considered. Fla. H.R. Rule 5.2(a) (2022) provides that no measure shall be considered “unless approved for filing with the Clerk no later than noon of the first day of the regular session”; in this case, March the 7th. However, the draft for HB1645 was submitted to the Clerk and approved for filing on March 6th, where it stood until the 30- day legal notification which began on March 9th had elapsed.(Office of Pro Tempore Chuck Clemons)

As I had stated to certain people in office, on the dais, and in the house; they knew full well that a “placeholder” for the bill could be filed. My words placeholder may not have been the legal term but they knew exactly what I meant. All of this was also explained at the delegation meeting in Tallahassee, on March 17, 2023. In this meeting, there were many from many organizations. They are not aligned with the lower class of residents, though they would like to think they speak for all of, the City of Gainesville Residents, and Alachua County residents. I know that some of the Dais are part of these organizations, and have to wonder what is the kick back? But, that is pure speculation in my questioning of a kickback. In this meeting, many things were explained and still the organizations cried about home rule, and cried about a referendum. I guess they know better than the legislators. (said with the Hinson eye-roll).

5) But Gainesville Regional Utilities is owned by the City of Gainesville. How can the State Legislature “take” a municipally owned utility away from the City?

The City of Gainesville does own GRU, and will continue to own GRU when the Regional Authority is seated and beyond. The legislation does not “take” the utility away from the City. Rather, it adds an Article VII to Gainesville’s existing Charter which sets forth the governance of the municipal utility. Accordingly, members of the Authority will be City officials, appointed by the Governor under his authority outlined in Art. III, § 1(a) Fla. Constitution and specified in the prospective GNV, FL Amended Art. VII, § 7.04(1). HB1645 directs that among the Governor’s selections for the Authority, 4 of the 5 must be electors in the City of Gainesville, and all must be GRU customers.

Further, the City’s continued ownership of the utility is evidenced in the fact that the newly created Charter provision anticipates "Government services contributions", also known as a General Fund Transfers (GFT) from GRU to the City. Had the utility been “taken away” from the City by the State, any such transfer would have required annual budgetary approval by the State Legislature. (Office of Pro Tempore Chuck Clemons)

I do hope that the City of Gainesville Commission and Mayor really read this part. Bryan Eastman and Mayor Ward, continue to act completely oblivious to the fact that it will continue to be owned by the city, just not ran by the commission. The Commission will not be able to keep its hand in the honey pot. I feel it has been like giving a teenager a credit card. They don’t know when to stop spending despite being told there isn’t enough money. One must lock the credit card but the physical card is still in the teen’s possession.

Look for The rest of this over the next couple of days. I certainly did not get to the parts that I really wanted to please know the rest is definitely worth a read.