Defending Liberty against the Power and Reach of Government

Did you ever feel outraged when predatory regulators attack ordinary citizens, take their property, and impose catastrophic fines for behavior that we “thought” was protected by the Constitution?

If that happens to you, “Who you gonna call?”

Pacific Legal Foundation litigates nationwide to secure all Americans’ inalienable rights to live responsibly and productively in their pursuit of happiness. PLF combines strategic and principled litigation, communications, and research to achieve landmark court victories enforcing the Constitution’s guarantee of individual liberty.

Mark manages the Palm Beach Gardens office of PLF and is fresh from his 8-0 victory in front of the Supreme Court in “Weyerhauser vs U.S. Fish & Wildlife Service”, (aka the “dusky gopher frog” case) which protected the rights of a Louisiana property owner against the “critical habitat” designation of the Endangered Species Act.

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Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. He defends your constitutional rights in state and federal court. CBS This Morning, Fox & Friends, The View, The Wall Street Journal, and National Public Radio (NPR) have all featured his work.

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves as a director for the boards of Americans United for Life, Florida Rural Legal Services, Inc., Florida’s Fourth District Court of Appeal Historical Society, and the Martin County Legal Aid Society. He is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He is a past president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission.

Mark learned to fight for justice and love our country from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of the United States but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and was lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, PLF’s most recent Supreme Court win.

Charles Bender and Monique McCall at December Lunch

Our annual Christmas lunch this year featured Place of Hope CEO Charles Bender and local vocalist Monique McCall.

With a beautiful rendition of “O Holy Night”, Monique got us started, and later ended the meeting with more seasonal fare including her own composition “Everyday is Christmas”. She has performed this song on local radio, and has also recorded “Feel Like Florida” an outstanding boost for the Sunshine State.

Charles, one of the founders of his organization “Place of Hope”, gave us an overview of current operations.

When you think of the leadership at many charitable organizations, you don’t immediately think “Republican”, but Charles defies the stereotype. To drive that point home, he showed off his white “Trump Socks”, a positive sign indeed. He has been in the business for many years and goes way back with our club President Fran Hancock. As the DeSantis organization finds it feet in Tallahassee, Charles will be there as part of the transition team.

Place of Hope is in the group foster home business – they take the really tough cases of kids who have been severely abused and may have had multiple placements in foster care. Many are rescued from sex traffickers at a young age. By the time they are referred by the Florida Department of Children and Families, they are typically in desperate straits as DCF will not remove a child from their parents lightly.

The approach taken at the five Place of Hope facilities is to “parent” the kids, and teach personal responsibility and independent living skills. They also try to keep sibling groups together if at all possible. When a child “ages out” at 18, they do what they can to get them set up in an environment that will help them be successful, and in their years of operations, they have had 300 adoptions.

For more information about Place of Hope or to make a donation, please visit their website at https://www.placeofhope.com. They currently have a 4-star rating with Charity Navigator, with 86% of their $7.6M in annual revenue going to program expenses.

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Next month, please join us on Wednesday January 23 for Mark Miller of Pacific Legal Foundation. Mark will share his interesting perspectives from arguing cases in front of the Supreme Court and will tell us about his recent 8-0 victory in Weyerhauser vs U.S. Fish & Wildlife Service”, (aka the “dusky gopher frog” case) which protected the rights of a Louisiana property owner against the “critical habitat” designation of the Endangered Species Act.

Charles Bender Featured at December Lunch

Place of Hope is a private-sector community-based child-care agency for abused and neglected children. Charles will share his insights into how the private sector can effectively address social issues and work together with government agencies to help low-income individuals and families, the homeless and at-risk/dependent children and youth.

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Charles is the Founding Executive Director of Place of Hope, a faith-based and state-licensed family-style residential child-caring agency for abused and neglected children, located in Palm Beach Gardens, Florida. He earned his B.A. degree in Sociology from Florida Atlantic University and also studied at the University of South Florida in Tampa, Florida.

Charles came to Place of Hope in 1999 following many years of work with various housing, social, and human services organizations throughout Palm Beach County. He has participated in numerous community committees, task forces, special initiatives, and boards. He has been a team member of several other local leading organizations including: Palm Beach County Housing and Community Development, Adopt-A-Family of the Palm Beaches, Inc., the City of Delray Beach Community Development Division. The majority of Charles’ work has involved low-income individuals and families, homeless and substance abusing populations, and at-risk/dependent children and youth. Prior to spearheading implementation of Place of Hope, Charles was a primary volunteer in the multi-year visioning and development processes while still a “vision” of Christ Fellowship (founding church).

Charles has significant experience developing and administering social programs and low-income housing initiatives, executing growth plans, implementing federal, state, and local funding programs, building organizational capacity and community coalitions, enhancing service delivery systems, raising capital and annual operating funds, and managing overall non-profit operations.

Thoughts on the Election Just Past – 11/14

With the election over,  it looks like Florida delivered (subject to a recount on the Senate race).   Although Republicans lost a House Majority, we held our own CD18 seat, the Governor’s Office and (subject to a recount for Ag Commissioner) the cabinet.  At this writing, Rick Scott has about a 22K lead on Bill Nelson.

Nationally, with a Democrat House, it will certainly put a crimp in the Trump agenda and we can look forward to investigations, harassment of administration figures, and the return of “Speaker Pelosi”.   We may even be dealing with the spectacle of impeachment for no reasonable cause – both the President and Justice Kavenaugh.  An expanded Senate majority though, and a new Attorney General will give our side the means of fighting back.

Just when you thought it was safe to go back about your business!

Sid will give his thoughts on what the election results mean for all of us.

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Ballot Amendments Explained

On October 24, our RCPB lunch consisted of a ballot tutorial by Fred Scheibl. Pointing out that the consequences of passage for many of these amendments are subtle, we heard an argument that the “picks” by various groups (including the RPOF) may be missing some key information.

In particular, it was pointed out that:

• Amendment 1 is touted as a tax cut, but in reality it will shift a tax burden from homestead property to business and rental property when localities raise their millage to counter the drop in revenue.
• If Amendment 2 does not pass and the cap on non-homestead property is allowed to expire on January 1, we will see an effective tax increase in the range of $700M next year.
• Amendment 3 does not provide “voter control of gambling”, it just limits who can put such a measure on the ballot and deprives the Legislature of their power to regulate.
• Amendment 6, in attempting to create additional “rights” for victims, actually compromises the constitutional rights of defendants for a fair trial and will significantly complicate the operation of criminal trials.

The following was provided as a handout at the meeting and may be useful in understanding the implications of the amendments. The boxes in the second column show the preference of RPOF, Trump Club 45, Florida TaxWatch, the Palm Beach Post, and the Sun Sentinel. Green is YES, Red is NO.

Ballot	Others	My Pick	Rationale	Your Pick ?
#1 – Increased Homestead Property Tax Exemption	RPOF TC45 TAXW PBP SS	NO	Since taxing authorities will simply raise millage to make up for the $600M shortfall, the net effect is to shift a tax burden from homesteaders to businesses and vacation property. Counties and municipalities have booked plans to raise their rates if this passes. Commercial, rental and vacation property owners would see a tax increase on passage, as will homestead owners who fall don’t qualify for the additonal exemption (< $100K)
#2 – Limitations on Property Tax Assessments	RPOF TC45 TAXW PBP SS	YES	This simply makes permanent something we have had for 10 years and is set to expire on January 1. If it doesn’t pass, an estimated $700M new taxes will be immediately imposed on non-homestead property owners since their assessed values (20% or more below market value) would immediately rise to market value next year.
#3 – Voter Control of Gambling in Florida	RPOF TC45 TAXW PBP SS	NO	If passed, would make it very difficult to challenge the Seminole monopoly on gambling and places wrongful restrictions on the legislative body. It doesn’t give voters more control, it just limits who is permitted to put a gambling referendum on the ballot. This would be the first such restraint on the freedom of action by the Legislature, and would be a dangerous precedent.
#4 – Voting Restoration Amendment	RPOF TC45 TAXW PBP SS	NO	There is already a process for a felon to get their voting rights restored after a waiting period, and it requires the felon to ask for it, rather than being an automatic action. Passage could potentially add 10% to the voting population at a single point in time, much larger than the margin of error in recent statewide elections. No one knows how such a large voting block would act, but Democrats believe it will favor them and thus support it overwhelmingly.
#5 – Supermajority to impose / authorize / raise state taxes	RPOF TC45 TAXW PBP SS	YES	Anything that makes it harder to raise taxes is a good thing. Andrew Gillum’s plan for increasing taxes would be stymied if this passes and he is fighting hard to defeat it. Support and opposition to this amendment is largely along party lines.
#6 – Rights of Crime Victims, Judges	RPOF TC45 TAXW PBP SS	NO	This amendment increases the rights of victims at the expense of the rights of the accused, and it tampers with the judicial process for criminal trials. It would tie the hands of defense attorneys regarding the timing of hearings, and could require criminal defendents to pay restitution to victims. The criminal justice system arbitrates between the charges brought by the state (who must prove guilt) and the accused who defends against the charges. It is not meant to be a means for victims to extract restitution or revenge, or to inject themselves into the process. That activity belongs in the civil courts. If passed this Would make for VERY BAD law. Passage would also let judges stay on the bench another 5 years (to age 75), and prohibit courts from deferring to the rulings of state agencies (aka the Chevron Doctrine.)
#7 – First Responder / Military survivor benefits, colleges	RPOF TC45 TAXW PBP SS	NO	Creates another unfunded mandate on local governments who would be required to pay the benefits to local first responders, and adds bureaucracy to the management of colleges and universities. The current organizational structure of the college system would be enshrined in the constitution, making it much harder to change if needed.
#9 – Prohibits offshore drilling, indoor vaping	RPOF TC45 TAXW PBP SS	NO	A prohibition on offshore drilling should not be in the constitution. We elect legislators to make these kind of decisions. Removes the Legislature’s control of energy development, limiting future opportunities for tapping oil and gas reserves. Attempts to treat vaping the same as smoking cigarettes, an unproven assertion.
#10- State and Local Government Structure / Operation	RPOF TC45 TAXW PBP SS	NO	This amendment would force the eight counties who currently have appointed officials to create elected constitutional offices. This weakens the “home rule” ability of local governments. Our county already has constitutional elected officials, but some would argue appointing them would be an improvement, particularly with the Sheriff. Other provisions establish executive departments that need not be in the constitution, and constrains the Legislative calendar.
#11- Property Rights, cleanup, criminal statutes	RPOF TC45 TAXW PBP SS	YES	This will provide flexibility to affect those sentenced under laws that are being repealed, and otherwise cleans up some obsolete sections of the constitution.
#12- Lobbying and Abuse by Public Officers	RPOF TC45 TAXW PBP SS	NO	The 2 year restriction already in law is sufficient – most states have similar ethics laws but none goes beyond 2 years. This amendment would leave too much of the details of the proposal to others (Ethics Commission), such as defining what is a “disproportionate interest”. Should be a matter for legislation, not the constitution.
#13- Ends Dog Racing	RPOF TC45 TAXW PBP SS	NO	This seeks to eliminate existing businesses and would likely result in a move away from pari-mutual betting to card rooms and slots at existing facilities. Some believe the “humane treatment” language is a trojan horse leading to other restrictions on the treatment of animals (limit hunting for example).
County #1- School Tax increase	RPOF TC45 TAXW PBP SS	NO	The PBC school district just got a 10 year windfall with the sales tax increase. They need to make do with the money they have. According to WJNO’s Brian Mudd, we have the highest per-student spending in the state (over $15K) – much more than even Broward or Miami Dade.

Some additional Resources:
Our 2018 Amendments Analysis:	https://gopclubpb.org/2018-election/2018-ballot-questions/
TaxWatch Voter’s Guide:	http://www.floridataxwatch.org/library/2018voterguide

What is the Constitutional Revision Commission (CRC) ?

The Constitution Revision Commission (CRC) convenes once every 20 years to examine the Florida Constitution and propose changes for voter consideration. Created by Article XI, Section 2 of the Florida Constitution, the CRC is composed of 37 Commissioners. Fifteen Commissioners are appointed by the Governor of Florida, nine by the President of the Florida Senate, nine by the Speaker of the Florida House of Representatives and three by the Chief Justice of the Florida Supreme Court. The Attorney General of Florida automatically serves on the CRC. The Governor designates the Chair of the CRC.

The CRC meets for approximately one year, traveling across the State of Florida, identifying issues, performing research and possibly recommending changes to the Florida Constitution. As part of this process, the CRC holds public hearings to learn about issues that matter most to Floridians and considers proposed constitutional amendments submitted by the public. Any proposals that pass the CRC’s final vote would be placed on Florida’s General Election ballot (November 6, 2018) and must secure at least 60 percent voter approval to become law.

The 2017-2018 Constitution Revision Commission (CRC) was the third of its kind in Florida history.

In 1968, Florida voters passed an amendment requiring a CRC every 20 years.

The 1977-1978 CRC placed eight amendments on the ballot and none passed.

The 1997-1998 CRC placed nine amendments on the ballot for and 8 were passed.

The 2017-2018 CRC held 15 public hearings across the state. It adjourned on May 11, 2018, and compressed 905 individual proposals into 8 complex amendments.

The 37 commissioners were chaired by businessman and former Senate candidate Carlos Beruff who ran against Marco Rubio in the 2016 primary. Also on the commission were Pam Bondi (AG is always a member), State Representative and Lt. Governor candidate Jeanette Nunez, FL Senate candidate Belinda Keiser, and former Senate President Don Gaetz.

The commission considered 123 commissioner proposals and 782 from the public, adopting 25 which were packed into the 8 ballot questions.

Ballot Amendments to be Explained at October Meeting

The large number of complex ballot questions to appear in November require research to really understand the consequences of their passage. Let us help you through it with a distillation of the important issues and some recommendations on how to approach them. See who put the questions on the ballot, who supports them and who opposes them. You will come away enlightened!

1 Increased Homestead Property Tax Exemption	2 Limitations on Property Tax Assessments	3 Voter Control of Gambling in Florida	4 Voting Restoration Amendment	5 Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
6 Rights of Crime Victims; Judges	7 First Responder and Military Member Survivor Benefits; Public Colleges and Universities	8 School Board Term Limits, Allow State to Operate Non-Board Established Schools	9 Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces	10 State and Local Government Structure and Operation
11 Property Rights; Removal of Obsolete Provision; Criminal Statutes	12 Lobbying and Abuse of Office by Public Officers	13 Ends Dog Racing		PBC-1 PBC School District Tax Increase

The Ethical Lapses of Andrew Gillum

The following is excerpted from the Sunshine State News:

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Now that Tallahassee Mayor Andrew Gillum is the Democratic Party nominee for governor, the press and voters need to take a much closer look into his service as our ceremonial mayor.

Gillum has been consistently involved in issues that the FBI is investigating as part of their work into corruption at City Hall and the Community Redevelopment Agency (CRA).

While Gillum alleges he was told by the FBI that he’s not a subject of their investigation, no one has ever corroborated that statement.

First and foremost is the ethical concerns around the New York City trip that Gillum took for his former employer. We now know, after persistent questioning by the Tallahassee Democrat, that Gillum stayed on after that meeting, relocating to a plush NYC hotel, the Millennium Hilton, attending the “Hamilton” Broadway play where tickets cost hundreds of dollars, and even going on a boat ride around Manhattan and the Statute of Liberty with Adam Corey and Mike Miller, where pictures were taken.

Gillum has recently told The Washington Post that sometimes his brother Marcus Gillum pays some of his expenses, and he has said that his brother paid his expenses in NYC.

Scott Maxwell Featured at September Lunch

The job of Political Director involves finding Republican candidates for local elections and helping them succeed. As a current Lake Worth Commissioner serving his sixth term, Scott knows how it’s done.

Join us in September to hear Scott’s views on the upcoming election. With highly contested races for Governor, Senator and US Congress, there is a lot riding on what we do in the next 10 weeks. It’s time to saddle up.

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Scott Maxwell is the Executive & Political Director of the Republican Party of Palm Beach County.

Scott’s earliest political involvement and activism dates to the Gerald Ford campaign of 1976 and continued through the Ronald Reagan and George W. Bush campaigns.

Over the past 20+ years, Scott has worked successfully with various candidates, consultants and fundraisers throughout Palm Beach County and is currently serving his 6th term on the Lake Worth City Commission.

He devotes much of his free time to volunteering for a number of local faith based and non-profit organizations such as Sacred Heart Church & School, Meals on Wheels and Little Free Libraries, to name a few.

Scott serves as a Director on several Civic, Non-Profit, Government and Political boards throughout Palm Beach County, Tallahassee and Washington D.C.

Born at Marine Corps Base Quantico, Virginia; Scott was raised in a military family. He attended Xavier University in Cincinnati and transferred to Palm Beach County from Pittsburgh in June 1983. Scott met his beautiful wife Paula in 1984, and they married in 1988.

In addition to their adult son, Scott Jr., they also have two wonderful English Cocker Spaniels and an Australian Terrier; all rescues, Cody, Domino and Archie “Doodle”.

Scott utilizes his experiences to build relationships and coalitions that encourage others to join, support and actively participate in the Republican Party of Palm Beach County.

Primary Candidate Round-up August 22

More are signing up every day, but so far we have:

Dave Cummings CD18	Javier Manjarres CD22	Belinda Keiser Senate 25	Rick Roth House 85 (November)
Michael Caruso House 89	Matt Spritz House 89	John Mercadante Governor	Bob White Governor
Matt Caldwell Agriculture Commissioner

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No July Meeting in Support of the Jamboree

Help our Club continue as one of the most staunch supporters of the Bi-annual Old Fashioned Political Jamboree held every other summer in an election year.

We are a co-sponsor with a special tent to sell a little jewelry and some cute desk elephants to raise money for our scholarship fund. Look for our tent at the park.

Bring your reservation check (to Rep Party of PB County) or $30 cash to our scholarship lunch on June 27. We will provide your reservation in a LIST OF ATTENDEES to the Jamboree Organizers.

WHAT:	OLD FASHIONED POLITICAL JAMBOREE, (camaraderie, friends, candidates)
WHEN:	SATURDAY, JULY 14, 11:00 am to 3:00 pm
WHERE:	South County Civic Center/Park—16700 Jog Rd, Delray (across from Morikami)
COST:	$30 for the BEST BBQ and all the fixin’s (check or cash)
BRING:	Your appetite and a fan (it’s summer in FL)

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