Category Archives: Florida

2026 Midterm Elections Voter Guide (Part 3: Coral Gables and County and School Board Referendums)

Early voting has started, and election day is not far off, so here are some thoughts, in the third and longest of three parts, on the upcoming election.

Part 1: Federal and State non-judicial offices and state referendums
Part 2: Judicial elections and judicial retention elections
Part 3: Coral Gables Commission & Miami-Dade County referendums (coming soon)

This prospect of doing a voter guide including the Coral Gables Commission was so depressing that it put me off the entire enterprise which is why this guide is so late this year.

County Referendums

So let’s start with the easy parts, the six, count them six, County Referendums. TL/DR: NO on 4 & 6, Yes (especially) on 1 and also Yes on 2 & 5. No recommendation on 3, sorry. The tough part, the Commission races, is below.

And, Yes on the School Board referendum.

Here’s why:

County Referendum 1 would establish an independent salary commission with members appointed by the chief judge of the local circuit court, the state attorney, the public defender, the head of the county ethics commission, and the inspector general. Current pay is insanely low at $6,000 per year. One consequence of this change would likely raise it to the county ethics commission pay scale, currently $127,779/year. Crazy low salaries ensure only rich people can afford to serve, and also that everyone has a distracting day job. Crazy low salaries raise the odds of bribery and if not that then conflicts of interests. This is a strong YES from me.

County Referendum 2: Require at least one-year residency to run for County Commissioner. This is a housekeeping measure to fix an arguable loophole in the current Charter. Vote YES.

County Referendum 3 would allow the County Commission to line up special elections for mayor or commissioner vacancies with other scheduled elections when the vacancy happens because someone resigned to run for another office. This saves money, but also allows for more political manipulation as to timing which may result in a seat being vacant longer. I don’t really have strong views here. No?

County Referendum 4: Poorly drafted. Supporters claim it cleans up issues to reflect that four county offices are now elected, including Sheriff and Tax Collector. But it messes up things for employees in a department who might want to run for boss. On balance this isn’t helpful. I suggest you Vote NO.

County Referendum 5: The “Miscellaneous Matters and Technical Changes” label is vastly unhelpful, but broadly accurate. It fixes place names, grammar, and allows for wider forms of public notice when state law allows them. Sure, why not. Vote YES.

County Referendum 6: Expanding Allowable Advertising at Parks. You kidding me? While I get the argument that sponsors of events want credit, and that allowing more signage can provide revenue, this amendment is so vague it allows the Commission to allow ads where they like and of any size. Vote NO.

The School Board Referendum would keep the existing property tax of one mill ($1 for every $1,000 of taxable value) for Miami-Dade public schools, including charter schools, from July 1, 2027, through June 30, 2031, earmarked for staff and teacher salary plus quite a lot for school safety. Not a tax increase, but the stopping of a tax decrease – which would hit teacher pay hard. Vote YES.

Coral Gables Commission Groups I, IV & V

There are three seats on the Commission up for election including the Mayor. And there are city charter amendments too.

Let’s bite the bullet and do the Commission races first.

The past two years have been the lowest point in the history of the Coral Gables Commission since I started following local politics some thirty years ago. The past was not necessarily wonderful, commonly being dominated by a mix of country-club Republicans and Realtors but there was, within that limited circle, a spirit of civility and cooperation. (As one of my sons said, “You don’t realize the value of not rocking the boat until someone tries to capsize it.”)

Today’s reality is just ugly and there have been times when, maxed on national political horrors, I can’t even bear to keep current with the local tempests. The Commission is polarized between on the one hand the pro-Mayor Lago and largely pro-development majority, and on the other hand the somewhat incoherent minority. As the face of the majority, Lago has been anything but civil, and seems to me to be as much about his political ambitions as anything else. It’s all quite sad. A plague-on-both-your-houses sad.

I would say that, abstractly, steering between allowing all development and being a NIMBY is the most urgent issue facing the Commission, with the lurking danger of Amendment 3 taking a big bite out of revenues being the next big issue. But that said, the City’s hands regarding development are more tied than previously due to state laws overriding local zoning powers to allow much more building than previously. One way or another, we’re going to get a lot of it.

So in fact, my voting recommendations are primarily shaped by three issues:

  • Will the Commission have people on it who will stand up to the Lago steamroller, not just on development but other issues too?
  • Support for Florida Constitutional Amendment 3, which I see as putting ambition and party over the interests of the City.
  • Responsiveness to constituents, In this regard I sent an email (and when no response a follow-up) to each candidate asking them the following:

    Coral Gables currently maintains both Automatic License Plate Readers (ALPRs) and Closed-Circuit Television Cameras (CC-TVs) that take images of cars and people in public places. The Coral Gables ALPRs alone capture literally tens of millions of images a year, of which at most only a minuscule fraction have any value to law enforcement.

    In light of Governor DeSantis’s recent decision to order Flock cameras off Florida state roads, will you pledge to do the same in order to protect the privacy of City residents and visitors by eliminating all ALPRs of any brand, and removing all city CC-TVs in Coral Gables? In other words, will you pledge to cancel any existing contracts for these, order the removal of the surveillance hardware, and then not replace them with new ones?

    Only three candidates answered.

Group I

Mayor Vince Lago is running for a third term against lawyer Laureano Cancio and Jackson “Rip” Holmes.

My advice is to vote against Lago. I think that claims that Lago stood to benefit financially from a recent vote don’t rise to the level of a legal violation – but the likely legal vote shows a classic disdain for both niceties and appearances. The real issue is, not to put too fine a point on it, he’s mean and sometimes rude to people who disagree with him. Lago did not reply to my emails asking his views about Flock cameras in Coral Gables.

Plus, let’s roll the tape: See my April 2025 post, Vince Lago Campaign Has No Shame and the MAGAlific story about Lago vs Carrollton School of Sacred Heart (page down about halfway on the April 2021 post Who to Vote for in the Coral Gables 2021 Mayoral Election? It’s Not Easy). Not good stuff.

The problem is, if not Lago than for whom?Jackson “Rip” Holmes is a long-time observer and Commission gadfly. If anyone off the Commission has attended more meetings then I don’t know who that is. You might say he’s earned his shot. But he’s also, well, a bit strange. Over the years his big issue has been attracting a big anchor store to Miracle Mile, where he happens to have a business. And he’s more than a bit random on other things. To his credit, of the three candidates who replied, Holmes gave me the best answer on the Flock and CCTV camera issue, saying he opposes them and also CCTV. I wish that could persuade me to vote for him, but it likely won’t.

Laureano Cancio is an experienced local lawyer, and his bio says ‘safe pair of hands’. But he hasn’t campaigned hard, and hasn’t been that visible. It’s hard to endorse him too, although he may well get my vote, even without a reply on the privacy issue.

Group IV

Incumbent Melissa Castro is running against the super-well-financed Lago ally-to-be (it may not be official but it’s no secret) Nestor Menendez. Castro has not been a model Commissioner, but I will suggest you vote for her anyway. The main reason to vote for her is that she will keep alive a (loud) voice in opposition to the Lago machine. This despite the as yet unadjudicated claims before the Florida Commission on Ethics that her permit expediting business has done business in the Gables since her election, which would be a violation of ethics rules. Castro’s response is that permit matters involving the Gables are sent to another company in which she has no involvement. (Other claims of dirt being thrown around online don’t do anything for me.)

Castro was one of only three candidates who replied to my question about Flock and CCTV. Her unsatisfactory reply was very much of the trying-to-have-it-both ways variety:

[P]rivacy and public safety are not mutually exclusive. We should demand both.

That is why I am not comfortable with either extreme: unrestricted government surveillance or automatically eliminating a public-safety tool that has demonstrated legitimate investigative value.

Instead, I support a comprehensive review of Coral Gables’ ALPR and CCTV program with a very high burden on government to justify its use. If the City is going to collect information involving law-abiding residents, it should collect only what is necessary, retain it for the shortest period justified by a legitimate law-enforcement purpose, strictly control who can access it, maintain an auditable record of searches, establish appropriate limits on sharing, and impose meaningful consequences for misuse.

I also want us to determine whether less intrusive technologies or policies can give our Police Department the same investigative capabilities. If we can accomplish the same public-safety objective while collecting less information about innocent residents, that is the direction I would favor.

And if a particular camera or system cannot demonstrate a legitimate public-safety benefit sufficient to justify its impact on residents’ privacy, I see no justification for taxpayers continuing to fund it.

So, to answer your question directly, I cannot commit to eliminating every ALPR and CCTV camera regardless of its purpose or demonstrated effectiveness. Doing so would require me to disregard documented instances in which these tools have assisted our Police Department in protecting this community.

What I can commit to is this: government should have to justify surveillance, not residents justify their privacy.

I will fight to protect the privacy and constitutional rights of our residents. And I will fight just as hard to make sure our Police Department has the appropriate and lawful tools to protect those residents from people who intend to harm them.

Nestor on the other hand didn’t dignify my emailed questions with a reply. He also refused the Miami Herald’s request to come in for an interview!!! So we can expect he’ll be real responsive as a Commissioner to people who don’t make contributions.

Thus, although I don’t think Castro’s done a good job—although not nearly as bad a job as Ariel Fernandez who isn’t running for re-election in Group V—I think she’s the lesser of two evils. Vote for Melissa Castro in Group IV.

Group V

Dominique “Nikki” Whiting vs Gonzalo Sanabria for an open seat. Whiting has an extensive political resume that suggests she will see the Commission as a stepping stone, having worked for Gov. DeSantis in various capacities. But her c.v. also sports the red flag of having worked as director of communications for evil Miami-Dade County Commissioner Esteban “Steve” Bovo.

I can get over working for DeSantis, especially for someone seeking a somewhat nonpartisan job as Commissioner. After all, DeSantis ’s the only game in that town, but any Bovo connection is enough to put me off a candidate.

Whiting did not respond to my emails about Flock and cameras. We can expect, given the establishment GOP connection, that Whiting will be firmly in the Lago camp.

On the other hand, Sanabria has a peculiar charm. He speaks his mind. He doesn’t hide from voters. He served his time as an appointee on various local government bodies. His politics are classic pre-Trump Republican: cut stuff, anti-tax. So not exactly mine. He did however respond quickly and in some detail to my questions about Flock and CCTV: he’s against Flock, and not up to speed on the cameras. He’d want to keep the ones that are justified, but would ask for evidence that they do some good. I’ll take it.

Sanabria will not be in anyone’s camp, not the pro-Lago or the anti-Lago. He’ll be in his own quadrant. It’s a much more almost libertarian quadrant than where I hang out, but he’ll be an interesting, smart, voice on the Commission. To my surprise, I’m more enthusiastic about recommending Vote for Gonzalo Sanabria in Group V than any of my other Coral Gables Commission recommendations.

Coral Gables Referendums

Referendum 1: “Shall Section 24 of the City Charter be amended to increase the threshold for public work projects requiring formal solicitation from $25,000 to $300,000, with that amount adjusted as specified in Section 255.20, Florida Statutes?”

I can’t see any reason to approve this in light of recent controversies relating to park and other projects. (Also, as I read it, the low-bidder requirement would no longer apply to projects between $25K and $300K. Why is that good?)

Referendum 2: “Shall Section 3 of the City Charter be amended to require continuous residency in the City of Coral Gables for a minimum of one year immediately preceding the end of the qualifying period for candidates running for City Commissioner or City Mayor?”

I can’t see any harm in approving this. Apparently, the City Attorney recommended this in light of issues in nearby municipalities. OK with me.

Referendum 3: “The City Charter currently provides for a two-year term for the City’s Mayor. Shall the City Charter be amended to increase the term of office for the Mayor to four years, consistent with the term of office for City Commissioners, beginning with the 2028 Coral Gables General Election with no change to the associated term limit?”

This is the important one. I admit I thought it was a silly idea to make the Mayor’s term shorter than that of the other Commissioners’ four-year term. I was wrong. It’s actually worked quite well. In the abstract you would think that as we don’t have a strong Mayor form of government (the City Manager does a lot), there’s no need for the extra accountability. But the past few years’ experience suggests it pays to keep the Mayor on a shorter leash. Vote NO on Ref. 3.

Referendum 4: “Shall the City Charter be amended to require that the sale, exchange, conveyance, or lease of ten (10) years or longer of any city-owned property used as a park, recreational facility, golf course, or open park space as of November 3, 2026, or later acquired for such use, be approved by sixty percent (60%) of the city’s voters in a citywide special election?”

I am not sure we need this, but other than adding to ballot fatigue, I cannot see the harm in it, so I’ll vote for it..

Posted in 2026 Elections, Coral Gables, Florida | Comments Off on 2026 Midterm Elections Voter Guide (Part 3: Coral Gables and County and School Board Referendums)

Election 2024 Summary & Downballot Voter’s Guide

[This post will remain on top of the blog until after polls close in Florida on Nov. 5.]

This is a critical election.  You really should vote, and soon. Early voting has begun, so why wait.

Here’s a crib sheet with some suggestions about the downballot, plus links to the posts that explain them.

County Offices

Clerk of Court: Annette Taddeo (Line 71)
Sheriff: James Reys (Line 73)
Property Appraiser: Marisol Zenteno (Line 75)
Tax Collector: David Richardson (Line 77)
Supervisor of Elections: “J.C.” Planas (Line 79)

Judicial Retention Elections

Justices of the Supreme Court
Justice Renatha Francis: NO (Line 81)
Justice Meredith Sasso: NO (Line 83)

3rd DCA
Judge Kevin Emas: YES (Line 84)
Judges Ivan Fernandez: YES (Line 86)
Judge Norma Shepard Lindsey: YES (Line 88)

County Court
Christopher Benjamin (Line 90)

Miami-Dade Commission, District 7
Cindy Lerner (Line 92)

Constitutional Amendments
NO on Amendment 1. (Line 251)
NO on Amendment 2. (Line 253)
YES on Amendment 3. (Line 254)
YES on Amendment 4. (Line 256)
YES on Amendment 5. (Line 258)
NO on Amendment 6. (Line 261)

Reasoned comments are always welcome.

Posted in 2024 Election, Florida, Miami | 1 Comment

Some Thoughts about the Downballot (Voters’ Guide Part III: Florida Constitutional Amendments)

There are six proposed constitutional amendments on the ballot this year. Two–Amendments 3 and 4–are a really big deal and deserve your support despite the highly misleading campaign against them. Three others–Amendments 1, 2 and 6–are well worth voting against for their subtle negative qualities. Amendments 5 is small beer, but at worst harmless and maybe helpful.

Amendment 1

Amendment 1 would change School Board races from their current formally non-partisan structure to an overtly partisan one. The downside here is that candidates would be selected via partisan primaries, which recent experience suggests tends to push candidates towards partisan extremes. Especially in the current moment, in which forces are trying to hijack school boards in service of MAGA-style culture wars, I don’t see how this does us any good. Again, my claim is not that one system is inherently more representative; rather it’s that School Board elections don’t need to be any more partisan than they already are. Primary supporters of Amendment 1 include the notorious book-banning librarian-witch-hunters known as ‘Moms for Liberty’.  Fortunately, polls suggest this one is doomed. Vote NO on Amendment 1. (Line 251)

Amendment 2

Amendment 2 sounds innocuous. It probably isn’t. It says in part that it “preserves forever the right to fishing and hunting, including by the use of traditional methods, as a public right and preferred means of responsibly managing and controlling fish and wildlife.” The Fish and Wildlife Conservation Commission’s authority is explicitly preserved–but not that of environmental agencies.

Ostensibly designed to protect the right to hunt and fish, the amendment is worded in a way that an activist state Supreme Court (we have one, in case you had not heard) could use this measure to block various conservation and environmental programs.  Vote NO on Amendment 2. (Line 253)

Amendment 3

Amendment 3 would legalize possession of small amount of marijuana–under state law. Federal law criminalizing possession would remain in place. Personally I think the world probably would be a better place if we had less drinking and smoking. But that doesn’t mean they should be crimes. And I think we’d be much better off if we took the anti-pot laws off the books. At present we have managed the odd feat of creating contempt for the law by allowing it to be under-enforced and indeed routinely ignored while at the same time creating more contempt for the law by allowing it to be enforced in a racial (and class-based) manner.

There is a plausible issue as to whether this amendment will allow the legislature to permit people to grow their own or if it might entrench the cannabis dispensary industry. I’m not sure. But even if it does that, this is a step forward. Vote YES on Amendment 3. (Line 254)

Amendment 4

This is the big one. Amendment 4 would carve out a right to abortion in Florida up until viability (no, no post-birth infanticide, thank you very much).

The amount of lying and dirty trickery and sheer illegality deployed against Amendment 4 is enough to make you sick. There’s a really slick commercial on TV in which a woman claims to be pro-choice but says she’s voting against Amendment 4 because it would give her underage daughter an independent right to control her body. In fact, whatever the merits of that stance, nothing in Amendment 4 undermines parental rights.

Meanwhile Governor DeSantis has been pulling out all the stops to undermine the democratic process. He’s committed at least $16 million of public money to buy ads attacking Amendment 4 as bad for public health, even though the idea of public money being used to influence the democratic amendment of the sate constitution is deeply unsavory. And he–or his minions–have caused letters threatening criminal prosecution to TV stations running a particularly effective pro-4 TV commercial. (See TPM, Ex-Health Dept Lawyer Says DeSantis’ Office Directed Him To Send Letters Threatening TV Stations.)  This act is clearly illegal, and last week a federal court granted a temporary restraining order blocking the DeSantis administration “from taking any further actions to coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties for airing” the ads.

DeSantis has no shame. But it could work: although polls are clear that a majority will support Amendment 4 it’s not looking good for it to get the 60% approval needed to be adopted.

Failure of Amendment 4 would leave current six-week abortion ban in place–one of the strictest in the U.S. (most women don’t even know they are pregnant by the time the ban takes effect.) Women will die. Vote YES on Amendment 4. (Line 256)

Amendment 5

Florida home owner-occupiers get a homestead exemption of $25,000 from all property taxes and another $25,000 ex  emption on the value of property between $50,000 and $75,000, except on taxes levied for schools. Amendment 5 would index that second $25,000 exemption to the rate of inflation. On balance this seems fine, although because there is a cap on the annual rate of increase in property taxes, it’s not actually the case that large numbers of people are being priced out of their homes by increases in property tax.  (Tax rates get re-adjusted if a home is sold.) The downside of an inflation adjustment is that localities collect a bit less tax needed to keep up with inflation, but they can adjust the millage rate if they need to. This one is going to pass however you vote, but I suppose I will go along with the herd and vote YES on Amendment 5. (Line 258)

Amendment 6

Amendment 6 would repeal a previous constitutional amendment allowing taxpayer money to provide matching funds to candidates running for top state offices, including governor. The program is far from perfect–Rick Scott gets to spend what he likes from his ill-gotten gains, and that’s not matched–but it’s better than nothing.

A yes vote on 6 s a vote to further entrench the role of big money in campaign finance.  No thanks. Vote NO on Amendment 6. (Line 261)

Previously:

Posted in 2024 Election, Florida, Law: Constitutional Law | Comments Off on Some Thoughts about the Downballot (Voters’ Guide Part III: Florida Constitutional Amendments)

“DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida”

Josh Marshall:

Florida has become the state where elements of a future, second-Trump-presidency America already come into view. We’re seeing some of these things happening right now in Florida. The example I’m about to share with you legitimately shocked me. (That’s a high bar.) It’s about the pro-choice ballot amendment which would restore Roe protections in Florida if it gets the support of 60% of voters. As in most other states, getting to 50% isn’t that difficult. 60% is much harder. To head off even the chance that the ballot initiative might hit that challenging high bar, the state of Florida is already spending a substantial amount of tax payer dollars campaigning against the initiative. Now we learn that the state is quite literally threatening jail time for the employees of stations that agree to run one of the ads for the pro-choice amendment. You heard that right — not sue under some claim of defamation but actual criminal charges.

[…]

Florida currently has a six-week abortion ban. The ad claims that the law endangers women who have a pressing medical need for an abortion and can’t get one in the state. The Florida State Department of Health, the agency threatening prosecution, says the law has exceptions for anyone in this situation. Technically, it does. If you’ve followed these cases, though, you’ll know it’s not that simple. The law can state an exception for the “life of the mother.” But just what kind of danger gets you into that category is never explained. What’s more, doctors are leery of acting on their interpretation of the law for fear they could be prosecuted for manslaughter or murder if the state disagrees. That’s a big risk. Put simply, the penumbra of legal jeopardy that hangs over these decisions frequently forces women to get perilously close to dying or actually go past the point they can be saved before doctors will treat them. We’ve seen versions of this story in red states around the country. It’s that issue. The state of Florida says that airing this ad, making that demonstrably accurate claim, is a criminal offense because it confuses women about state law and might lead them not to seek care.

To threaten this, the state’s lawyers shoehorn in a law that makes it a misdemeanor to create a public health nuisance — like maybe a blood bank dumping extra blood out on a public side walk or running a private salmonella hatchery in your backyard. That’s not a matter for lawsuits. In Florida, it’s a misdemeanor criminal offense. The state says agreeing to run that ad creates just such a public health nuisance.

This would pretty clearly never pass muster in court. But the station employees are being threatened with going to jail for 60 days. When you’re the one who might go to jail, confidence that a court will eventually toss the charges isn’t that reassuring. The First Amendment gives pretty ample protections even for demonstrably false claims, certainly in the realm of political speech. But what’s being claimed here is clearly accurate. If you were being as generous as possible to the state of Florida, you would still have to say that both sides of the factual dispute have a good-faith belief that their argument is correct. That’s a textbook example of a case where it’s precisely the political process which is the place to sort out the disagreement.

In a dire Trumpian future, you’re almost certainly not going to have an end to elections. They still have elections in Hungary, Turkey, even Russia. What you’d have is stuff like this, states acting as what amounts to an active belligerent in the political process by mobilizing state power.

It’s already happening in Florida.

I think this is a lot worse than a small handful of W.Va state legislators suggesting they should nullify the Presidential election unless Trump wins.

Posted in Florida | Comments Off on “DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida”

DeSantis Gets His Dukakis Moment

Unmistakable resemblance:

(For those too young to remember, I’m referring to the famous photo-op gone wrong.)

Posted in Florida | 1 Comment

Proof of Life

I’ve been spending lots and lots of time in ‘observation’ in hospital for something that never actually re-manifested.  I expect to be discharged to rehab Real Soon Now — maybe even today.  Meanwhile, as proof of life, I offer you three thoughts on your Miami-Dade ballot:

  1. The rule of law is on the ballot.  If you think this is overly dramatic, just see for example the NYT’s Why Legal Experts Are Worried About a Second Trump Presidency and the Washington Post article, As rioters stormed Capitol with Pence inside, Trump allegedly said ‘So what?. Vote accordingly.  Not just in the Presidential election but also federal legislative races where full MAGA and/or MAGA fellow travelers are also Putin’s useful idiots.
  2. Women’s right to bodily autonomy is on the ballot in two ways: In the Presidential and legislative elections (US Senate and House, and Florida legislature too), and also directly via Florida Constitutional Amendment 4.  Vote YES, both to establish some justice and also to stop the brain drain in the medical profession, and soon in younger knowledge workers, to states with more civilized policies.
  3. While you are at it, vote YES on Florida Constitutional Amendment 3 which would legalize possession of small amounts of marijuana. Enforcement of this prohibition is a joke except when it is outright racially biased.  The law needs to catch up to mores here.

More later maybe on other ballot issues….

Posted in 2024 Election, Florida | 3 Comments