Florida General Election Results and Political Forecast Report

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Governmental Affairs

NOVEMBER 2012

ALBANY Florida General Election Results and AMSTERDAM ATLANTA Political Forecast Report AUSTIN

BOSTON The election results contained in this document are the Unofficial Results reported by CHICAGO the County Supervisors of Elections to the Secretary of State on election night. For the DALLAS most up-to-the-minute results, please visit the Florida Division of Elections website at http://enight.elections.myflorida.com/. DELAWARE

DENVER FLORIDA ELECTIONS OVERVIEW FORT LAUDERDALE HOUSTON The Florida Constitution requires all Legislative and Congressional districts to be LAS VEGAS redrawn every ten years following the completion of the U.S. Census. Accordingly, LONDON* after almost a year of public hearings, the 2012 Legislature convened in January LOS ANGELES 2012 to pass new Congressional, state House, and state Senate plans based on the MEXICO CITY+ census, federal and state legal standards, citizen testimony, publicly-drawn maps, and open committee discussions. On March 9, the Supreme Court declared all House MIAMI districts valid but declared 8 of the 40 Senate districts invalid. As a result, an NEW JERSEY extraordinary apportionment session convened on March 14 to redraw the Senate NEW YORK map. The revised Senate map was approved by the Court on April 27, followed by ORANGE COUNTY the U.S. Department of Justice approval of the state House, Senate, and ORLANDO Congressional plans on April 30. Although the Florida Supreme Court approved all PALM BEACH COUNTY three plans, several voter rights groups have filed legal challenges that have yet to PHILADELPHIA be heard. PHOENIX As a result of redistricting, the 2012 elections were eventful with all 27 SACRAMENTO Congressional seats, 120 House and 40 Senate seats up for election. Although a SAN FRANCISCO number of incumbents and a few new candidates were unchallenged for their seat, SHANGHAI several races became very contentious. SILICON VALLEY TALLAHASSEE In the August primary, a number of races within each party were hotly-contested. TAMPA Three primary races remained in question for a several weeks until recounts and TEL AVIV^ litigation concluded. Several Republican primary races were particularly hard- TYSONS CORNER fought because of undertones about who the candidates would support as future WARSAW~ House Speaker or Senate President. On the Democratic side, two heated primaries decided whether the Senate Democratic Caucus would be more business-friendly WASHINGTON, D.C. than in past years. WHITE PLAINS The most significant outcome of the 2012 state legislative elections was the loss of the Republican super majorities in the House and Senate. The Republicans have Strategic Alliances with Independent Law Firms** dominated the House and Senate since the mid-1990s. When the Senate and House Reapportionment Committees began evaluating the U.S. Census numbers, it MILAN appeared almost impossible for Republicans to maintain their 81-39 advantage in ROME the House or their 28-12 advantage in the Senate. A super majority allows a chamber to waive procedural rules over the objections of the minority party, a move usually employed to pass particularly contentious legislation such as tort reform or tax breaks.

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A significant shift was the dramatic gain made by Democrats along the I-4 Corridor in general, and Central Florida in particular. These demographic changes will certainly have long-term political consequences. Running in newly-drawn districts, a number of Republican incumbents lost, including Speaker Designate Chris Dorworth, Scott Plakon, Peter Nehr, and Shawn Harrison. Central Florida shifted further to the Democrats with the election of Linda Stewart over former Republican House member Bob Brooks, and Democrat Joe Saunders over Marco Pena.

The final breakdown of the Senate for the 2013-14 Legislature, when the unofficial results were reported to the Secretary of State on November 6th was 26 Republicans to 14 Democrats. In the House, the breakdown was 76 Republicans to 44 Democrats.

THE EXECUTIVE BRANCH

No member of Florida’s Cabinet was up for re-election this cycle. However, the entire Cabinet, all of whom are Republicans, will be up for re-election in 2014. The current Cabinet consists of Governor Rick Scott (R), Attorney General Pam Bondi (R), Chief Financial Officer Jeff Atwater (R), and Agriculture Commissioner Adam Putnam (R).

THE LEGISLATIVE BRANCH

SENATE

Florida Senators generally serve four year terms. However, because it was a redistricting year, half will be up for re-election in 2014 with the other half up for re-election in 2016. Going into the 2012 elections, the breakdown of the Senate was 28 Republicans and 12 Democrats. Nine Senators were automatically elected to office because they drew no opposition. Further, a significant number of Senators running for re-election drew only nominal opposition and were easily re-elected.

The most contentious race in the Senate pitted two sitting Senators - Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) and Sen. Maria Sachs (D-Delray) against each other in a newly-drawn Broward and Palm Beach county seat. Ultimately, Sen. Sachs won the seat. Overall, the Democrats picked up two seats which kept the Republicans from a supermajority. When the County Supervisors of Elections reported the Unofficial Election Results to the Secretary of State on November 6th the breakdown of the 2013-14 Florida Senate was 26-14.

The Florida Senate

Re-elected members are indicated in bold.

Senators representing even-numbered districts will be up for re-election in two years (2014); Senators representing odd-numbered districts will be up for re-election in four years (2016).

District Winner % Win Background and Potential Session Focus 1 Gaetz, Don (R) Retired School Superintendent; incoming Senate 74.45% President (2013-14); formerly represented Senate District 4 2 Evers, Greg (R) 100% Farmer; formerly represented Senate District 2 3 CEO FL Association of District School Montford, Bill (D) 72.78% Superintendents; formerly represented Senate District 3 4 Bean, Aaron (R) 62.72% Bank Relationship Development Officer; former 2 GREENBERG TRAURIG, LLP . ATTORNEYS AT LAW . WWW.GTLAW.COM

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District Winner % Win Background and Potential Session Focus Representative 5 Dean, Charles S. (R) Unopposed Formerly represented Senate District 3 6 Thrasher, John (R) Former House Speaker; former General Counsel of 58.78% Florida Medical Association; formerly represented Senate District 8 7 Bradley, Rob (R) 57.78% Attorney 8 Hukill, Dorothy (R) 57.04% Attorney 9 Gibson, Audrey (D)) Public relations consultant; formerly represented 63.56% Senate District 1 10 Simmons, David (R) Environmental, land use, real property, and probate 55.59% attorney; formerly represented Senate District 22 11 Hays, Alan (R) Retired dentist; formerly represented Senate 71.57% District 20 12 Thompson, Geraldine Current Representative 69.06% (D) 13 Gardiner, Andy (R) VP of External Affairs for Orlando Health; formerly 55.54% represented Senate District 9 14 Soto, Darren (D) 70% Attorney; current Representative 15 Stargel, Kelli (R) 58.54% Investor property manager; current Representative Building contractor; consultant; formerly 16 Altman, Thad (R) 62.86% represented Senate District 24. 17 Legg, John (R) Unopposed Educator; current Representative 18 Simpson, Wilton (R) Unopposed Egg farmer; contractor Joyner, Arthenia (D) Real property probate and trust attorney; formerly 19 Unopposed represented Senate District 18 Latvala, Jack (R) Owner of direct mail company; formerly 20 57.92% represented Senate District 16 21 Grimsley, Denise (R) 57.31% Registered nurse; current Representative 22 Brandes, Jeff (R) 100% Real estate developer; current Representative 23 Richter, Garrett (R) Unopposed Banker; formerly represented Senate District 37 24 Lee, Tom (R) 54.16% VP of Sabal Homes, Florida; former Senate President 25 Abruzzo, Joseph (D) 57.44% Businessman; current Representative 26 Galvano, Bill (R) 59.1 Attorney; former Representative 27 Clemens, Jeff (D) 100% Energy contractor; current Representative Mortgage Broker; formerly represented Senate 28 Detert, Nancy (R) Unopposed District 23 Entrepreneur; former Yahoo executive; formerly 29 Ring, Jeremy (D) 64.32% represented Senate District 32 Benacquisto, Lizbeth Realtor and special events coordinator; formerly 30 62.37% (R) represented Senate District 27 31 Smith, Chis (D) 84.55% Attorney; formerly represented Senate District 29 32 Negron, Joe (R) 60.41% Attorney; formerly represented Senate District 28

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District Winner % Win Background and Potential Session Focus President of a skin care company; formerly 33 Sobel, Eleanor (D) 67.67% represented Senate District 31 Attorney; formerly represented Senate District 30; 34 Sachs, Maria (D) 52.7% beat current Republican Senator Ellyn Bogdanoff for this open seat Realtor; former Senate President; formerly 35 Margolis, Gwen (D) 62.02% represented Senate District 35 Former Vice Mayor; formerly represented Senate 36 Braynon, II, Oscar (D) Unopposed District 33 Attorney; Director of Community Partnerships for 37 Flores, Anitere (R) Unopposed FIU; formerly represented Senate District 38 Vice President External Affairs for Mercy Hospital; 38 Garcia, Rene (R) Unopposed formerly represented Senate District 40 39 Bullard, Dwight (D) 70.27% Current Representative, teacher Diaz de la Portilla, Attorney; brother of former Senator Alex Diaz de la 40 Unopposed Miguel (R) Portilla; formerly represented Senate District 36

HOUSE OF REPRESENTATIVES

Twenty-eight current House members qualified with no opposition and were automatically re-elected while several more drew only nominal opposition which assured their re-election. Four candidates who have never held legislative office were automatically elected to the House when they did not draw any opposition. In the General Election, there were a number of upsets as well as close calls for incumbent Representatives.

The most surprising was the race between Republican Speaker Designate Chris Dorworth against attorney and retired firefighter Mike McClelland in the Central Florida region. When the County Supervisors of Elections reported the Unofficial Election Results to the Secretary of State on November 6 Dorworth was down by 37 votes. Florida law requires an automatic recount if the margin is within 0.5 percent of the vote. The final result of this race may not be known for several days.

Democrats made the most gains in the Central Florida I-4 Corridor, beating three Republican incumbents - Rep. Peter Nehr, Rep. Scott Plakon and Rep. Shawn Harrison. The Democrats also won three open seats that, due to voter registration and performance had been labeled “swing seats”. Further, in the South Florida region, Democratic candidates picked up one “Republican leaning” open seat and came very close to beating two Republican incumbents.

The House Republicans expected to lose a number of seats purely due to the updated U.S. Census numbers. When all the ballots were counted, the House breakdown was 76 to 44, according to the unofficial results, as reported by the County Supervisors of Elections to the Secretary of State.

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Florida House

Re-elected members are indicated in bold.

Representatives are up for re-election every two years.

District Winner % Win Background and Potential Session Focus High school teacher, coach; formerly represented 1 Ingram, Clay (R) Unopposed House District 2 Executive Director of Northwest Florida Legal 2 Ford, Clay (R) Unopposed Services; formerly represented House District 3 Property insurance agent; formerly represented 3 Broxson, Doug (R) 100% House District 1 Attorney; re-elected without opposition; formerly 4 Gaetz, Matt (R) Unopposed represented House District 4 5 Coley, Marti (R) 72.91% Teacher; formerly represented House District 7 Owner of Captain Anderson’s restaurant; formerly 6 Patronis, Jimmie (R) Unopposed represented House District 6 7 Beshears, Halsey (R) 60.73% Owner of landscaping business Business consultant; re-elected without opposition; 8 Williams, Alan (D) Unopposed formerly represented House District 8 Rehwinkel Vasilinda, Community college teacher; attorney; formerly 9 61.69% Michelle (D) represented House District 9 Partner in medical billing and consulting firm; seat 10 Porter, Elizabeth (R) Unopposed changed to Republican; formerly represented House District 11 Legislator; re-elected without opposition; formerly 11 Adkins, Janet (R) 71.85% represented House District 12 12 Ray, Lake (R) 68.25% Civil engineer; formerly represented House District 17 Former Jacksonville City Councilman; formerly 13 Fullwood, Reggie (D) Unopposed represented House District 15 Business consultant; former Jacksonville City 14 Jones, Mia (D) 78.75% Councilwoman; re-elected without opposition Former member of Jacksonville City Council; formerly 15 David, Daniel (R) Unopposed represented House District 13 Sole practitioner business attorney; formerly 16 McBurney, Charles (R) Unopposed represented House District 16 Internist with Baptist Primary Care; formerly 17 Renuart, “Doc” (R) 72.5% represented House District 18

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District Winner % Win Background and Potential Session Focus Clay County Commissioner; employee benefits 18 Cummings, Travis (R) Unopposed consultant; member of North Florida Transportation Planning Organization Architect; minister; re-elected without opposition; 19 Van Zant, Charles (R) Unopposed formerly represented House District 21 Former City of Alachua City Manager; former Police 20 Watson, Jr., Clovis (D) 100% Commissioner of Alachua Roofing contractor; formerly represented House 21 Perry, Keith (R) 56.71% District 22 President of Stone Petroleum Products Inc.; former 22 Stone, Charlie (R) Unopposed Marion County Commissioner and current Chair of Commission Funeral home owner; formerly represented House 23 Baxley, Dennis (R) Unopposed District 24 24 Hutson, Travis (R) 49.52% Owns land development company 25 Hood, Dave (R) 61.29% Former Ormond Beach Mayor Daytona Fire Rescue; formerly represented House 26 Taylor, Dwayne (D) Unopposed District 27 27 Santiago, David (R) 54.8% Financial manager; former Deltona City Commissioner Account executive for Proctor and Gamble; formerly 28 Brodeur, Jason (R) 66.02% represented House District 33 Attorney and retired firefighter; Clelland upset 29 Clelland, Mike (D) 50.03% Speaker Designate Chris Dorworth (R) and a recount is expected Teacher; daughter of former Education Commissioner Dentel, Karen Castor 30 52.98% Betty Castor; Dentel upset incumbent Republican (D) Scott Plakon Insurance agent; formerly represented House District 31 Nelson, Bryan (R) Unopposed 38 Appellate, civil and commercial litigation attorney; 32 Metz, Larry (R) Unopposed formerly represented House District 25 Director, Lake and Sumter County Take Stock In 33 O’Toole, Marlene (R) Unopposed Children; formerly represented House District 42 Security officer, retired US Army; formerly 34 Smith, Jimmie (R) 57.94% represented House District 43 Former Hernando County Commissioner; formerly 35 Schenck, Robert (R) 55.59% represented House District 44

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District Winner % Win Background and Potential Session Focus Associate VP Morgan Stanley; current termed out 36 Fasano, Mike (R) 100% Senator Attorney; former Chief of Staff for then House 37 Corcoran, Richard (R) Unopposed Speaker Marco Rubio; slated to be Speaker in 2017- 2018. Businessman and former aide; incoming House 38 Weatherford, Will (R) Unopposed Speaker; formerly represented House District 61 Rancher; real estate development; former Polk 39 Combee, Neil (R) 64.88% County Commissioner Founder of Charter School; real estate; will be House 40 McKeel, Seth (R) 64.01% Appropriations Chair; formerly represented House District 63 Attorney, Realtor, Business Executive; formerly 41 Wood, John (R) 51.54% represented House District 65 Realtor; appointed to take Rep. Mike Horner’s place 42 LaRosa, Mike (R) 50.49% in the race after Horner resigned in early September 43 Rangel, Ricardo (D) 67.69% US Army Veteran Transportation engineer; formerly represented House 44 Precourt, Steve (R) Unopposed District 41 Campaign strategist; political advisor; Director of 45 Bracy, Randolph (D) 69.41% Business Development for Workforce Advantage Academy 46 Antone, Bruce (D) Unopposed Community relations; retail 47 Stewart, Linda (D) 52.38% Former Orange County Commissioner Former NYC Police Officer; former US Marine Owner 48 Torres, Victor (D) Unopposed of flag shop 49 Saunders, Joe (D) 55.91% Field Director, Equality Florida Road contractor; Goodson Paving; formerly 50 Goodson, Tom (R) 53.23% represented House District 29 Real estate broker; builder; formerly represented 51 Crisafulli, Steve (R) Unopposed House District 32 Mortgage banker, broker; formerly represented House 52 Workman, Ritch (R) Unopposed District 30 Community College Professor; formerly represented 53 Tobia, John (R) 52.65% House District 31 Mortgage broker; formerly represented House District 54 Mayfield, Debbie (R) Unopposed 80

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District Winner % Win Background and Potential Session Focus 55 Pigman, Cary (R) 54.79% Emergency room physician Citrus Insurance; formerly represented House District 56 Albritton, Ben (R) Unopposed 66 57 Raburn, Jake (R) 58.59% Agriculture sales and marketing 58 Raulerson, Dan (R) 57.4% CPA; Mayor of Plant City; Plant City Commissioner 59 Spano, Ross (R) 50.9% Business owner Business Attorney; formerly represented House 60 Young, Dana (R) Unopposed District 57 College administrator; re-elected without opposition; 61 Reed, Betty (D) Unopposed formerly represented House District 59 Democratic party activist and fundraiser; formerly 62 Cruz, Janet (D) 69.83% represented House District 58 Middle School science teacher; upset Republican 63 Danish, Mark (D) 50.47% incumbent Shawn Harrison Criminal and civil trial attorney; formerly 64 Grant, James (R) Unopposed represented House District 47 Teacher and small business owner; upset two-term 65 Carl Zimmerman (D) 52.81% Republican incumbent Peter Nehr Owner of pool remodeling, commercial fountain 66 Ahern, Larry (R) 53.25% business; seat changed to Republican; formerly represented House District 51 Consultant and retired fire lieutenant; formerly 67 Hooper, Ed (R) 52.88% represented House District 50 68 Dudley, Dwight (D) 50.82% Attorney; former legislative aide and analyst 69 Peters, Kathleen (R) 52.4% Mayor of the City of South Pasadena 70 Rouson, Darryl (D) Unopposed Attorney; formerly represented House District 55 CEO Boyd Insurance and Investment Services; 71 Boyd, Jim (R) 55.97% formerly represented House District 68 Government and Community Affairs Director of Peace 72 Pilon, Ray (R) 53.93% River Water Authority; former Sarasota County Commissioner; formerly represented House District 69 73 Steube, Greg (R) 73.63% Attorney; formerly represented House District 67 Real estate broker; formerly represented House 74 Holder, Doug (R) Unopposed District 70 Funeral director; formerly represented House District 75 Roberson, Ken (R) Unopposed 71

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District Winner % Win Background and Potential Session Focus 76 Rodrigues, Ray (R) Unopposed Budget manager for the Florida Gulf Coast College Realtor; former Deputy Chief of Staff of Gov. Crist 77 Eagle, Dane (R) 62.45 Administration Fitzenhagen, Heather Marketing Director of Condo and HOA Law Group 78 67.39% (R) Real estate appraiser; formerly represented House 79 Caldwell, Matt (R) Unopposed District 73 VP of Operations for VIP Realty Group; umpire; 80 Hudson, Matt (R) 65.6% formerly represented House District 101 81 Rader, Kevin (D) 64.4% Insurance agenda; former House member VP and GM of Heart Care Imaging; former State 82 Magar, Mary Lynn (R) 100% Committeewoman for Martin County 83 Harrell, Gayle (R) 100% Former physician’s office administrator 84 Lee, Larry (D) 52.23% State Farm insurance agent President Palm Beach Kennel Club, brother of 85 Rooney, Pat (R) 57.46% Congressman Rooney; formerly represented House District 83 Business Administration; EBC Ministries; formerly 86 Pafford, Mark (D) 60.3% represented House District 88 87 Kerner, Dave (D) Unopposed Attorney; former police officer 88 Powell, Bobby (D) Unopposed Planner; former aide to Rep. Mack Bernard Insurance expert witness; former Boca Raton 89 Hager, Bill (R) 52.84% Councilman; formerly represented House District 87 Attorney; former Congressman Wexler aide; formerly 90 Berman, Lori (D) 67.71% represented House District 86 91 Slosberg, Irving (D) Unopposed Entrepreneur; formerly represented House District 90 Clarke-Reed, Gwyn Retired educator; formerly represented House 92 Unopposed (D) District 92 Real property, probate and trust attorney; formerly 93 Moraitis, George (R) 55.04% represented House District 91 Criminal attorney; re-elected without opposition; 94 Thurston, Perry (D) 84.25% Formerly represented House District 93 Real estate assistant and mortgage broker; formerly 95 Rogers, Hazelle (D) Unopposed represented House District 94 General Counsel Keiser University; formerly 96 Waldman, Jim (D) Unopposed represented House District 95

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District Winner % Win Background and Potential Session Focus VP Business Development for a disaster clean up 97 Moskowitz, Jared (D) 68.98% company Consultant; member of Plantation’s Planning and 98 Edwards, Katie (D) 67% Zoning Board Elder care attorney; formerly represented House 99 Schwartz, Elaine (D) 65.52% District 99 Businessman; re-elected without opposition; formerly 100 Gibbons, Joe (D) Unopposed represented House District 105 101 Jones, Shevrin (D) Unopposed President of L.E.A.D. Inc Retired; was elected as first city-wide councilwoman 102 Pritchett, Sharon (D) 100% on the Miami Gardens City Council 103 Diaz, Manny (R) 100% School administrator 104 Stark, Richard (D) 61.05% Independent insurance agency owner Former assistant state attorney; formerly 105 Trujillo, Carlos (R) 100% represented House District 116 Passidomo, Kathleen Real property, probate and trust attorney; formerly 106 78.87% (R) represented House District 76 107 Watson, Barbara (D) 100% Legislator; formerly represented House District 103 Registered Nurse; formerly represented House 108 Campbell, Daphne (D) Unopposed District 108 Legal aid attorney; formerly represented House 109 Stafford, Cynthia (D) Unopposed District 109 Owner of Oliva Cigar Company; formerly represented 110 Oliva, Jose (R) 100% House District 110 Business Development for CAC Florida Medical 111 Gonzalez, Eddy (R) 100% Center; formerly represented House District 102 112 Rodriguez, Jose (D) 53.92% Attorney 113 Richardson, David (D) Unopposed CPA Land use attorney; formerly represented House 114 Fresen, Erik (R) 50.83% District 111 Owner of Towncare Dental; formerly represented 115 Bileca, Michael (R) 52.36% House District 117 Environmental, Land Use, Government Attorney; 116 Diaz, Jose Felix (R) 100% formerly represented House District 115 117 McGhee, Kionne (D) 100% Attorney; Professor; former Assistant State Attorney

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District Winner % Win Background and Potential Session Focus Public adjuster; formerly represented House District 118 Artiles, Frank (R) 100% 119 External Affairs Vice President, Kendall Regional and 119 Nunez, Jeanette (R) 100% Aventura Medical Center; formerly represented House District 112 Former legislative assistant for Rep. Ron Saunders; 120 Raschien, Holly (R) 52.47% Board secretary of Leadership Monroe County

THE JUDICIAL BRANCH

The Florida Constitution requires that all appellate judges must be approved for retention by Florida voters every six years. Since this merit selection and retention system was first put into place in 1978, not a single appellate judge has ever lost a retention vote. This year, however, a groundswell of opposition formed to the retention of the three Supreme Court Justices up for retention. The justices raised well over $1 million to stage a traditional campaign to retain their positions. The Republican Party of Florida’s executive committee formally voted to oppose their retention and various loosely organized groups also took positions opposing their retention. As expected, each of the three justices were retained in office.

% Vote for Supreme Court Justices Retention 1 Justice Barbara Pariente 67.86% 2 Justice Fred Lewis 67.39% 3 Justice Peggy Quince 67.6%

CONSTITUTIONAL AMENDMENTS

The Republican Legislature added eleven constitutional amendments to this year’s ballot. In order for a constitutional amendment to be successful, 60 percent of Florida voters must approve it. Other than 1998 when the Constitutional Revision Commission placed nine amendments on the ballot, bringing the total proposals to 13, this year’s number is the most since 1978. Outlined below are the 11 Constitutional amendments.

AMENDMENT 1: Health Care Services Rejected: 51.46% Sponsored by: Florida Legislature Prohibited laws to compel any person or employer to purchase, obtain, or otherwise provide for health care coverage. It would only apply to statewide law and would not preempt the U.S. Supreme Court’s decision to uphold the individual health insurance mandate.

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AMENDMENT 2: Veterans Disabled Due To Combat Injury/Homestead Property Tax Discount Approved: 63.19% Sponsored by: Florida Legislature Instructed the Legislature to enact an additional homestead exemption for Florida homeowners on active military service outside the country. The size of the tax break would be based on the amount of time served overseas in the previous year.

AMENDMENT 3: State Government Revenue Limitation Rejected: 57.63% Sponsored by: Florida Legislature Replaced the existing state revenue limitation based on Florida personal income growth with a new state revenue limitation based on inflation and population changes. State revenues collected in excess of the revenue limitation would either be used to fund public schools or returned to the taxpayers.

AMENDMENT 4: Property Tax Limitations Rejected: 56.92% Sponsored by: Florida Legislature Amendment 4 contained three different provisions that would: • Prohibit increases in the assessed value of homestead property if the fair market value of the property decreases; • Reduce the limitation on annual assessment increases to non-homestead property from 10% to 5%; and • Provide an additional homestead exemption

AMENDMENT 5: State Courts Rejected: 63.07% Sponsored by: Florida Legislature Required that a Supreme Court Justice selected by the Governor must be confirmed by the Senate to take office. In addition, this amendment provided for the repeal of a court rule by a simple majority of the Legislature, instead of the currently mandated two-thirds vote.

AMENDMENT 6: Prohibition on Public Funding of Abortions/Construction of Abortion Rights Rejected: 55.05% Sponsored by: Florida Legislature Provided that public funds may not be utilized for any abortion or for health-benefits coverage that includes coverage of abortion.

AMENDMENT 7: Religious Freedom – Removed from the Ballot Sponsored by: Florida Legislature Leon County Circuit Court ruled that Amendment 7, relating to religious freedom, contained ambiguous and misleading ballot language. Attorney General Pam Bondi provided a revised ballot statement that appeared in its place as Amendment 8 on the 2012 ballot.

AMENDMENT 8: Religious Freedom Rejected: 55.53% Sponsored by: Florida Legislature Eliminated the prohibition on public revenues being used to aid any church, sect or religious denomination.

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AMENDMENT 9: Homestead Property Tax Exemption for Surviving Spouse of Military Veteran or First Responder Approved: 61.61% Sponsored by: Florida Legislature Authorized the Legislature to exempt surviving spouses of military veterans or first responders who died in the line of duty from paying property taxes.

AMENDMENT 10: Tangible Personal Property Tax Exemption Rejected: 54.56% Sponsored by: Florida Legislature Provided an additional exemption from ad valorem taxes levied by local governments on tangible personal property whose value is greater than $25,000, but less than $50,000.

AMENDMENT 11: Senior Homestead Tax Exemption Approved: 61.17% Sponsored by: Florida Legislature Empowered the Florida Legislature to authorize counties and municipalities to offer additional tax exemptions on the homes of low-income seniors.

AMENDMENT 12: Appointment of Student Body President to Board of Governors of the State University System Rejected: 58.52% Sponsored by: Florida Legislature Replaced the president of the Florida Student Association with the chair of the Council of State University Student Body Presidents as the student member of the Board of Governors of the State University System.

LEGISLATIVE FORECAST FOR 2013 FLORIDA LEGISLATIVE SESSION

With the elections behind them, legislators return to Tallahassee on November 20th to officially take the oath of office and learn their committee assignments, although several committee chairs have already been announced. During non-election years, the House and Senate leadership begin work on their priorities in late summer. With the 2013 Legislative Session convening on March 5, legislators are expected to spend at least two weeks each month from December to February holding interim committee meetings to work on legislative issues.

Moving forward to the 2013 Session, for the first time in six years, the forecast does not predict a deficit in the budget. According to the state’s Chief Economist, revenue projections for next year predict a $71.3 million cushion. This news comes on top of the state holding $1 billion in reserves. However, even though tax collections are expected to grow by 4.3 percent in the upcoming year, Governor Rick Scott has instructed state agencies to submit budget recommendations to him that reflect a 5 percent drop in spending. The Governor is expected to release his budget in mid-January.

Governor Scott is anticipated to continue making economic growth and job creation his priorities which was part of his campaign platform. Recently, the Governor announced that 130,000 private sector jobs were created since he took office. During the campaign, Scott promised to create 700,000 jobs in seven years. With the Republicans strongly in control of the Executive and Legislative Branches, we expect a business-friendly climate to pervade the Session.

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One of the Governor’s campaign promises was to repeal the state’s corporate income tax which he says is an impediment to job growth in Florida. Last session, the Legislature signed off on an incremental step and increased the current corporate income tax exemption from $25,000 to $50,000. The prior year, the exemption was increased from $5,000 to $25,000.

In late October, Governor Scott unveiled his education agenda which includes allowing more students to attend existing charter schools and allow school districts to operate their own charter schools. Charter schools are public schools typically run by third parties which are not held to many of the regulations typically required of other schools. Other portions of his agenda include providing debit cards to teachers to pay for school supplies and prohibiting the state from introducing any new testing that does not conform to the "Common Core Standards," a national set of curriculum guidelines set to take effect next school year.

Earlier this year, the Governor announced his proposed budget would not cut education spending and, in fact, would attempt to increase funding. Such an increase would be contingent upon the state’s economic recovery as well as the growth in the state’s burgeoning Medicaid Program. Last session, the Legislature pumped a $1 billion increase into education, at the Governor’s request. Thus far, incoming House Speaker Will Weatherford (R- Wesley Chapel) and Senate President Don Gaetz (R- Ft. Walton Beach) have also pegged education as a priority, but no details will be released until after the late November Organizational Session. From their comments to the press, the legislative leaders appear more interested in programmatic and process changes rather than funding.

Florida Senate Leadership

The incoming Senate President Don Gaetz (R-Ft. Walton Beach) is a retired co-founder of a for-profit hospice organization, and is expected to run the Senate with a strong hand. In early October, he announced that education would be a priority during his administration, an issue echoed by the Governor and Speaker Designate Will Weatherford. Further, President Gaetz noted that he would advance ethics reform measures in the coming session.

Although committee chairs and other leadership posts will not be made public until the November Organizational Session, the following members will play an integral role during Gaetz’s tenure:

• Sen. John Thrasher (R-Jacksonville), an attorney, is rumored to be the Rules Chair, a position he held under the last administration. • Sen. Joe Negron (R-Palm City), an attorney who tackled Medicaid costs in his role the last two sessions as the Health and Human Services Appropriations Chair, is rumored to be the Appropriations Chair under Gaetz. • Sen. Andy Gardiner (R-Orlando) is a former Chamber executive who now is a Vice President of the Orlando Health hospital system. He is next in line for Senate President. • Sen. Lizbeth Benaquisto (R-Wellington), a realtor, is expected to be the incoming Majority Leader.

Florida House Leadership

The Florida House will be led by Speaker Will Weatherford (R-Wesley Chapel), a young businessman who has impressed members with his quiet wisdom.

• Rep. Seth McKeel (R-Lakeland), a founder of a Charter School and realtor, will serve as Appropriations Chair. McKeel previously served on the House Appropriations Committee and also chaired the State Affairs Committee. •

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• Rep. Chris Dorworth (R-Heathrow), if re-elected, is expected to follow Weatherford as Speaker and serve as Majority Leader. (The unofficial results reported to the Secretary of State show Rep. Dorworth lost the race within the 1% threshold that requires a recount.) • Rep. Rob Schenck (R-Springhill), a former Hernando County Commissioner, will Chair the Rules Committee. He previously served as chair of the Health and Human Services Committee and co-chaired the Redistricting Subcommittee that redrew House boundaries. • Rep. Richard Corcoran (R-New Port Richey), an attorney and former Chief of Staff to then House Speaker Marco Rubio, is in line to become Speaker in 2015-16.

FEDERAL ELECTIONS OVERVIEW

After several years of legislative gridlock, the 2012 election results indicate that the next four years may be marked by more of the same. President Barack Obama won re-election with 303 votes in the Electoral College to Governor Mitt Romney’s 206, with Florida’s 29 electoral votes still to be allocated. The unofficial results reported to the Florida Secretary of State show that President Obama won Florida with 49.84% of the vote compared to Romney’s 49.29%. Overall, President Obama won 50 percent of the popular vote to Romney’s 48 percent.

Republicans kept their majority in the House, albeit their majority is slightly smaller than in the 112th Congress. The chamber moved from a Republican majority of 242 prior to the election to 234 seats, at the time of this writing. The Democrats moved from 193 seats prior to the election to 190 as of this writing. Currently, 19 House races are still pending.

The Democrats have held onto their majority in the Senate, with a majority of 51 seats prior to the election and a majority of 51 seats as of this writing. In the 112th Congress, the two Independents, Senator Bernie Sanders of Vermont and retiring Senator Joe Lieberman of Connecticut, caucused with the Democratic Party. Senator Bernie Sanders is expected to continue to caucus with the Democratic Party in the 113th Congress. It is yet to be determined with which party newly-elected Independent Senator Angus King of Maine will caucus. At this time, two Senate races are still pending in Montana and North Dakota.

Since the Democrats still hold fewer than 60 seats, their Senate majority is still not filibuster-proof. Though the relative levels of power between the two parties within each chamber of Congress have shifted somewhat, the fact that the Republicans still control the House, the Democrats still control the Senate, and Obama remains President suggests that in the 113th Congress, the partisan balance of power in Washington will remain largely unchanged. Businesses will benefit if this finally spurs legislators to come together to compromise on major issues, but businesses could also find themselves subject to further legislative and regulatory uncertainty if gridlock persists.

THE FLORIDA CONGRESSIONAL DELEGATION

Based on Florida’s population growth as determined by the 2010 Census and based on the U.S. Constitution, Florida gained two additional Congressional seats, moving the number from 25 to 27.

As a result of the newly-drawn Congressional Districts, many incumbents found themselves vying for re-election in new districts. After the primary, several Florida Congressional races became very combative as the polls showed some of the races too close to call. As a result, the national parties were very engaged in Florida Congressional races. Further, the Presidential candidates gave the Sunshine State a lot of attention in the final days of the campaign which resulted in President Obama maintaining a thin margin over Romney in our state.

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Governmental Affairs

NOVEMBER 2012

Prior to the General Election, the makeup of Florida’s Congressional Delegation was 19 Republicans and 6 Democrats. This year’s Unofficial Election Results, as reported by the County Supervisors of Elections to the Secretary of State, leave Florida’s Congressional Delegation with a breakdown of 17 Republicans to 10 Democrats.

UNITED STATES SENATE

Our state gained additional national media attention for the contentious U.S. Senate race between longtime incumbent Senator Bill Nelson (D) and sitting Congressman Connie Mack IV (R). Nelson has served in the Senate for 12 years, but with a somewhat strong anti-incumbent feeling among voters, Republicans believed this was a good year to defeat him. The unofficial results posted early in the evening showed Senator Nelson was easily elected to a third term.

UNITED STATES HOUSE

There were a number of upsets within the Florida Congressional delegation races. In the primary election, veterinarian Ted Yoho upset sitting Congressman Cliff Stearns who became complacent and lost with almost $1 million still in his campaign account. In the General, sitting Congressman David Rivera, who had been under fire for campaign ethics violations, lost to Joe Garcia, a former member of Florida Public Service Commission and former Executive director of Cuban American National Foundation. Further Republican Congressman Alan West appears to have been defeated by construction company owner Patrick Murphy, according to the unofficial results.

In a hotly-contested open race, Democratic West Palm Beach Mayor and former Florida Representative Lois Frankel bested former Florida House Republican Majority leader Adam Hasner for one of the two new Congressional seats drawn in Florida.

Florida Congressional Delegation

Re-elected members are indicated in bold.

US Senators are elected for 6 year terms; US Representatives are elected for 2 year terms.

District Winner % Win Background Senate Nelson, Bill (D) 55.1% Incumbent US Senator

House 1 Miller, Jeff (R) 69.63% Real estate broker and a deputy sheriff 2 Southerland, Steve (R) 52.82% Funeral home owner Veterinarian; home renovator who upset incumbent 3 Yoho, Ted (R) 64.78% Republican congressman Cliff Stearns in the primary Attorney, investment banker and former Florida Senate 4 Crenshaw, Ander (R) 76.18% President Former college professor and Florida Representative; 5 Brown, Corrine (D) 70.71% formerly represented House Congressional District 3 16 GREENBERG TRAURIG, LLP . ATTORNEYS AT LAW . WWW.GTLAW.COM

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District Winner % Win Background 6 DeSantis, Ron (R) 57.25% Federal and military prosecutor; JAG officer in Navy Real estate and communications executive; served in 7 Mica, John (R) 58.87% House since 1993 Real estate executive; Former Florida Representative and 8 Posey, Bill (R) 58.91% Senator; formerly represented House Congressional District 15 Former US Representative; attorney; owner 9 Grayson, Alan (D) 62.48% telecom/internet company Former Florida House Speaker; owner of air conditioning 10 Webster, Daniel (R) 51.79% contracting business; formerly represented House Congressional District 10 Former Hernando County Sheriff; formerly represented 11 Nugent, Rich (R) 64.49% House Congressional District 5 Former Florida Representative; probate and estate 12 Bilirakis, Gus (R) 63.51% planning attorney; formerly represented House Congressional District 9 Insurance executive; formerly represented House 13 Young, C.W. Bill (R) 57.66% Congressional District 10 Attorney, Former Assistant General Counsel of Florida Department of Community Affairs and former Hillsborough 14 Castor, Kathy (D) 70.21% County Commissioner; formerly represented House Congressional District 11 Former Florida Representative; attorney; formerly 15 Ross, Dennis (R) Unopposed represented House Congressional District 12 Owner of car dealership; insurance executive; formerly 16 Buchanan, Vern (R) 53.64% represented House Congressional District 13 Attorney; former criminal prosecutor for Florida Attorney 17 Rooney, Tom (R) 58.68% General’s Office; formerly represented House Congressional District 16 Construction company owner; VP of Coastal Environmental 18 Murphy, Patrick (D) 50.39% Services TV & radio talk show host; ran media public relations 19 Radel, Trey (R) 62.04% company; journalist; community newspaper owner Former Circuit Judge and US District Judge; formerly 20 Hastings, Alcee (D) 87.96% represented House Congressional District 23 Business attorney; formerly represented House 21 Deutch, Ted (D) 77.74% Congressional District 19 22 Frankel, Lois (D) 54.59% Mayor of West Palm Beach; former Florida Representative

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District Winner % Win Background College administrator; former Florida Representative and Wasserman-Schultz, 23 63.27% Senator; Democratic National Committee Chairwoman; Debbie (D) formerly represented House Congressional District 20 Teacher; former Florida Representative and Senator; 24 Wilson, Frederica (D) Unopposed former School Board member; formerly represented House Congressional District 17 Current Congressman; formerly represented House 25 Diaz-Balart, Mario (R) 75.6% Congressional District 21 Attorney; former member of Florida Public Service Commission; former Executive director of Cuban American 26 Garcia, Joe (D) 53.74% National Foundation appointed by Obama to lead Office of Minority Economic Impact and Diversity at US Department of Energy Teacher; former Florida Representative and Senator; 27 Ros-Lehtinen, Illeana (R) 59.89% formerly represented House Congressional District 18

LEGISLATIVE FORECAST FOR 113TH U.S. CONGRESS

With the elections over, members of Congress will return to Washington for what could be a short lame-duck session of Congress lasting roughly six weeks. It is expected that during this time legislators will turn to the nation’s fiscal issues, the most immediate of which are budget sequestration and expiring tax provisions, including the payroll tax cut, unemployment benefits, and the 2001 and 2003 Bush-era tax cuts. The United States will also hit its $16.4 trillion debt ceiling in the spring. Members of Congress will have to negotiate to raise the limit before then or risk defaulting on the nation’s debt. Given that the more immediate issues comprising the “fiscal cliff” are expected to dominate the lame-duck session, it is unlikely that legislators will tackle the debt-ceiling issue during this short time frame. It is more likely that members of Congress will negotiate the debt-ceiling issue in late February or early March, as the U.S. actually nears the deadline. Finally, since the continuing resolution that passed in September funds the government until March 2013, members of Congress will need to either extend or replace this measure at that time. Taken together, these issues make it clear that the country’s finances will dominate the legislative agenda both during the lame-duck and after the Administration and members Congress take office in 2013.

Other issues that members of Congress may take up in the lame-duck session include the Farm bill, cybersecurity legislation, and permanent normalized trade relations with Russia. In the wake of Hurricane Sandy, legislators are also considering a $12 billion supplemental appropriations bill to fund cleanup and recovery efforts. H.R. 6581, introduced by Rep. Chaka Fattah (D-PA) on November 2, would direct funds to the Army Corps of Engineers Flood Control and Coastal Emergencies Account, Small Business Administration disaster loans, FEMA’s Disaster Relief Fund, and FEMA disaster assistance loans. Legislators may attach an omnibus spending bill or fiscal cliff legislation to this supplemental appropriations bill. Since the appropriations bill is not offset elsewhere in the budget, it will likely face opposition from deficit-hawks in Congress, particularly in the Republican-controlled House of Representatives.

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NOVEMBER 2012

With the status quo largely unchanged, there is less of an incentive to punt fiscal negotiations until after the inauguration of the President and the new Congress. Republicans, who will still control the House in the next Congress, will have a slimmer majority, creating a greater incentive to negotiate during the lame-duck session, when they hold more power then they will in the next Congress. There is therefore a greater possibility that members of the current Congress will be more willing to craft a grand fiscal bargain in the lame-duck session. To avert the fiscal cliff, legislators may try to negotiate a deficit reduction package addressing the nation’s spending and revenue. However, it may be difficult for legislators to craft this grand fiscal bargain during the short time frame of the lame-duck session. If legislators cannot agree on a grand fiscal bargain during this time, they may instead pass stopgap measures delaying the enactment of the fiscal cliff. House Republican leaders have said that during the lame-duck session they would push to replace the sequester and extend current tax rates. If Democrats and the Obama administration agree to this, it would give legislators more time to negotiate a broader fiscal deal in 2013. A schism may flare up within the Republican Party during the lame duck, with fiscally conservative legislators agreeing to delay sequestration but in return demanding that tax provisions like the payroll tax cut be allowed to expire. Legislators could also pass a bill in the lame-duck delaying sequestration and mandating that the 2010 Simpson-Bowles deficit-reduction plan automatically take effect at a later date unless legislators can agree on an alternative deficit reduction package in an interim time period.

With President Obama remaining in office, the Republicans maintaining a majority in the House, the Senate remaining in Democratic hands, the partisan balance of power will remain largely unchanged in the next four years. As such, devising an alternative plan to the budget sequestration and expiration of tax provisions will require compromise. This also leaves open the possibility, however, that any negotiations to avert the fiscal cliff will devolve into gridlock. Officials in the Obama administration said during the campaign that President Obama would veto any legislation averting the fiscal cliff if it did not also raise the tax rates on upper-income earners, setting the Administration up for a show-down with Congressional Republicans in the lame-duck session.

U.S. Senate Leadership

With the Democratic Party remaining in control of the Senate, Senator Harry Reid (D-NV) will remain the Majority Leader and Senator Dick Durbin (D-IL) will remain as Majority Whip. On the Republican side, Senator Mitch McConnell (R-KY) will likely remain as Senate Minority Leader. Senator John Cornyn (R-TX), currently the Chairman of the Republican Senatorial Campaign Committee, is a strong possibility to replace retiring Senator Jon Kyl (R-AZ) as Minority Whip.

In the Senate, several committee chairmanships are expected to undergo leadership changes in the 113th Congress. The following are the expected incoming Senate committee chairmanships:

• Budget: Senator Patty Murray (D-WA)* • Energy and Natural Resources: Senator Ron Wyden (D-OR)* • Commerce, Science, and Transportation: Senator Jay Rockefeller (D-WV) • Finance: Senator Max Baucus (D-MT) • Judiciary: Senator Patrick Leahy (D-VT) • Small Business and Entrepreneurship: Senator Mary Landrieu (D-LA) • Banking, Housing, and Urban Affairs: Senator Tim Johnson (D-SD) • Agriculture, Nutrition, and Forestry: Senator Debbie Stabenow (D-MI) • Appropriations: Senator Daniel Inouye (D-HI)

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NOVEMBER 2012

U.S. House Leadership

With the Republican Party still in control of the House, House Speaker John Boehner (R-OH), Majority Leader Eric Cantor (R-VA), and Majority Whip Kevin McCarthy (R-CA) are expected to remain in their leadership positions in the House Republican Conference. The House Republican Conference will hold its leadership elections the week of November 11. Rep. Nancy Pelosi (D-CA) will likely remain as Minority Leader, Rep. Steny Hoyer will likely remain as Minority Whip, and Rep. James Clyburn will likely remain as Assistant Minority Leader. Should Rep. Pelosi decide to step down as Minority Leader, Reps. Hoyer and Clyburn would likely move up in the ranks. House Democrats will hold their caucus leadership elections on November 29.

Due to House Republican term limits, several House committee chairmanships are up for grabs now that the elections are over. The following are the expected House committee chairmanships in the 113th Congress:

• Financial Services: Rep. Jeb Hensarling (R-TX) ∗ • Judiciary: Rep. Bob Goodlatte (R-VA) * • Transportation and Infrastructure: Rep. Bill Shuster (R-PA) * • Science, Space, and Technology: Rep. Lamar Smith (R-TX) * • Budget: Rep. Paul Ryan (R-WI) • Natural Resources: Rep. Doc Hastings (R-WA) • Ways and Means: Rep. Dave Camp (R-MI) • Energy and Commerce: Rep. Fred Upton (R-MI) • Small Business: Rep. Sam Graves (R-MO) • Agriculture Committee: Rep. Frank Lucas (R-OK) • Appropriations: Rep. Harold Rogers (R-KY)

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This GT Alert was prepared by the Tallahassee Governmental Affairs Team. Questions about this information can be directed to:

∗ Indicates that this member of Congress is replacing the current committee chairman. 20 GREENBERG TRAURIG, LLP . ATTORNEYS AT LAW . WWW.GTLAW.COM

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NOVEMBER 2012

Albany Delaware Mexico City+ Palm Beach County S. Tallahassee 518.689.1400 302.661.7000 +52 55 5029.0000 561.955.7600 850.222.6891

Amsterdam Denver Miami Philadelphia Tampa + 31 20 301 7300 303.572.6500 305.579.0500 215.988.7800 813.318.5700

Atlanta Fort Lauderdale New Jersey Phoenix Tel Aviv^ 678.553.2100 954.765.0500 973.360.7900 602.445.8000 +03.636.6000

Austin Houston New York Sacramento Tysons Corner 512.320.7200 713.374.3500 212.801.9200 916.442.1111 703.749.1300

Boston Las Vegas Orange County San Francisco Warsaw~ 617.310.6000 702.792.3773 949.732.6500 415.655.1300 +48 22 690 6100

Chicago London* Orlando Shanghai Washington, D.C. 312.456.8400 +44 (0)203 349 8700 407.420.1000 +86 21 6391 6633 202.331.3100

Dallas Los Angeles Palm Beach County N. Silicon Valley White Plains 214.665.3600 310.586.7700 561.650.7900 650.328.8500 914.286.2900

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