Speaker Pro Tempore Chuck Clemons: City of Gainesville should stop wasting resources on challenging the legislature’s authority
Letter to the editor
To the Customers of Gainesville Regional Utilities –
As the author of HB1645, this week’s ruling by Judge George Wright, 8th DCA, to grant a temporary injunction of any claim of governance over GRU by the City, irrespective of the outcome of its illegal referendum, came as little surprise to me. The legislation I filed in 2023 was the culmination of years of mismanagement on the part of the City Commission, all of which was borne out in the report by the Auditor General (2022-087).
The City’s testimony before the Joint Legislative Auditing Committee made it apparent that there was no sense of urgency on the part of the Commission, and they had no viable plan to veer from the very course that had placed the utility in peril. Accordingly, I set out to amend the City of Gainesville’s Charter, which was created and granted by the Legislature by Chapter 12760 of the Laws of Florida in 1927.
Ensuring the appropriateness and legality of HB1645 was paramount – my objectives were to 1) cede governance of the utility with an Authority, separate, apart, and beyond the control of the City Commission; 2) to prohibit the brand of activist-management practiced by the City; 3) to establish representation of the 40% of ratepayers who live outside the city’s corporate boundaries; and, 4) most importantly, to codify clear, ironclad language in the legislation that would pre-empt any of the myriad of scenarios that I knew the City Commission might attempt to undermine the Authority’s autonomy and perpetuity.
At every step, detractors arrogantly pushed erroneous narratives, rewrote history, and manufactured non-existent laws out of whole cloth that somehow positioned local governments as untouchable from legislative oversight.
I never believed those narratives, nor did the courts. My confidence never wavered as five separate lawsuits attacking HB1645 failed. In each instance, we received favorable rulings as to the formulation, adoption, and implementation of HB1645. In their rulings, they recognized that the City of Gainesville, like all local governments, is a subdivision of the State, with the Legislature having oversight authority. Further, because the State has the ultimate liability resulting from default or insolvency, it is the duty of the Legislature to act.
Dismissing all of this, the City Commission ignored the plain language of HB1645, which prohibits their interference, and placed an illegal referendum on the November ballot in an attempt to regain control of GRU. Again, I was certain that their actions would not stand, and despite the high bar set to be granted the injunction, the provisions of HB1645 were again acknowledged and recognized.
This latest attempt by the City illustrates its historic lack of concern for the well-being of both the utility and its ratepayers. As witnessed in testimony, the Commission’s actions risk adversely affecting the utility’s bond ratings, undercutting any ability to provide much-needed rate relief to its customers.
I can only conclude that it is ego which has been behind the mounting of these repeated failed efforts. The disinformation disseminated, primarily by Commissioner Bryan Eastman, must stop; every single one of his outlandish claims has been responded to and debunked – on social media, in committee hearings, and in courtrooms. I am once again calling for all to move forward with the orderly transition demanded by HB1645.
At some point, the expenditure of taxpayer dollars and the City’s resources on these obstinate and aimless clashes against the Legislature’s authority, particularly during these difficult economic times, crosses the line of malpractice. In such an instance, it would not be out of the realm for the same Legislature that enacted Chapter 12760 to consider its dissolution.
I applaud the GRU Authority, its General Manager, and its legal counsel. Although my tenure in the Florida House is coming to an end, I am assured that they will work closely with a receptive bipartisan Legislature to strengthen and support their efforts in making GRU a utility that customers can afford.
Speaker Pro Tempore Chuck Clemons, Florida House of Representatives, District 22
The opinions expressed by letter or opinion writers are their own and do not necessarily represent the views of AlachuaChronicle.com. Assertions of facts in letters are similarly the responsibility of the author. Letters may be submitted to info@alachuachronicle.com and are published at the discretion of the editor.
Finally…..a voice of reason.
“…it would not be out of the realm for the same Legislature that enacted Chapter 12760 to consider its dissolution.”
Interesting 🤔🧐
….And sale to FPL who gave $100k in dark illegal money to Keith Perry, our other local traitor in the legislature.
Please provide proof of the lies you speak of. You continue to speak nonsense and furthermore, refused to do any kind of research over the damn biomass. You are a complete idiot.
Sure, I’ve provided proof of Perry’s dirty campaign numerous times, but just for you:
“The long-kept secret of who funded an independent candidate’s campaign to help ensure Republican state Sen. Keith Perry retained office has finally come to light.
FPL and Goston’s campaign had one mission: siphon votes from Democratic challenger and University of Florida physician Kayser Enneking. Doing so would give Perry the needed edge in a closely contested race that would help ensure Republicans kept control of the Florida Senate.
Perry narrowly won his re-election campaign by about 2,000 votes, while Goston, a longtime Democrat-turned NPA, pulled about 4,300 votes.
In one instance, Gainesville-based political consulting firm Data Targeting, which Perry used for campaign advertising, paid for records from UF on behalf of Goston. Those records were then used in an ethics complaint against Enneking, which was dismissed.
But federal and state laws forbid the corporation from using other people to use “straw donors” in its name. Nonprofits also are not allowed to primarily engage in politics, which in this case it almost entirely did.
There were growing demands from voters and elected officials for then-State Attorney Bill Cervone to investigate due to Goston and supporters running afoul of campaign finance law, some calling his actions fraudulent. However, Cervone, a Republican, said he wasn’t interested in “political sour grapes” and that neither his office or a grand jury should be used for “retribution” simply because their candidate lost.
He later denied being presented facts or a complaint to act on, according to the Daytona Beach News-Journal. Gainesville resident Sam Collins, who filed one of the ethics complaints against Goston, previously told The Sun that he tried to present facts to Cervone’s office but was turned away…..”
The Gainesville Sun’s award-winning coverage of the 2018 race showed that Republicans working on Perry’s campaign also coordinated dark money mailers and TV ads in the Democratic primary race, in an effort to pin candidate Olysha Magruder against their client. When that didn’t work, Goston’s campaign saw a sudden influx of cash from similar sources, as well as GOP operatives….”
https://www.gainesville.com/story/news/2022/08/14/florida-power-light-dark-money-2018-state-senate-race/10277503002/
“A strong Democratic challenger was threatening to unseat a friendly Republican incumbent in a Gainesville-area state Senate race in 2018. FPL, one of the country’s largest utilities, needed to make sure the GOP held onto the seat.
So FPL used a shadowy nonprofit group to secretly bankroll a spoiler candidate, a longtime Democrat named Charles Goston, according to new documents obtained by the Miami Herald. Running as a no-party candidate in the general election, Goston helped split the liberal vote, siphoning off enough votes from the Democratic challenger to swing the race to the GOP incumbent. The documents show that FPL sent $200,000 to the nonprofit, a Washington, D.C.-based group called Broken Promises, in the fall of 2018. Within five weeks, Broken Promises had donated $20,000 to Goston’s political committee and spent roughly $115,000 on mailers and advertising supporting him. Best of all for FPL: Because of its nonprofit status, Broken Promises didn’t have to disclose its donors — meaning the cash was untraceable. No one would know that FPL had paid to secretly manipulate a state election in favor of Republicans. Voters were in the dark about who funded Goston and why.
…the utility “subverted” a free and fair election in Gainesville, said Saurav Ghosh, director of federal campaign finance reform at the nonpartisan Campaign Legal Center in Washington, D.C.
“You have a powerful corporate player in Florida politics using its financial resources to defeat a candidate without any disclosure to the public. … This is election rigging.”
FPL is allowed to contribute to political campaigns. But under state and federal law, it is not permitted to hide contributions through “straw” donors. And tax-exempt nonprofits like Broken Promises, which FPL used as a pass-through, are not supposed to engage primarily in politics.
The utility, a multibillion-dollar behemoth, is one of Florida’s most powerful political forces, accustomed to getting its way from a pliant Legislature and the state regulatory board. But over the past year, reporting has revealed its efforts to manipulate state politics, secretly craft legislation to maintain its grip on the solar energy market, snap up a public utility in Jacksonville, push for rate increases on residential customers, tail a journalist it disliked using private investigators and weaponize a supposedly independent news website to attack critics.
Enneking….lost to GOP incumbent Keith Perry by roughly 2,000 votes while spoiler Goston received 4,300.”
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html#storylink=cpy
https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html
Not one word of truth. Baloney
Good for us she did lose.
So Happy you wasted your mind and time defending the indefensible.
Funny that there is nothing but a news article that doesn’t provide enough information but bias BS! Also you stated or your repub of “ But federal and state laws forbid the corporation from using other people to use “straw donors” in its name. Nonprofits also are not allowed to primarily engage in politics, which in this case it almost entirely did.”
I happen to know that your npo’s continue to be politically stringent. Thanks for the information though definitely can be used…. 😂😂😂😂
Funny bias articles, and not one piece of evidence you claim. Btw he retained the seat because he won the seat. Unlike the lying smearing campaigns you all run. And trying to call illegal when y’all run illegal all day long.
I’m sorry you don’t have the guts to accept reality and admit when you’re wrong That Girl, but standard for the right wing weaklings who predominate on this board. Others may be interested to know this however:
“Former Florida state Sen. Frank Artiles was convicted by a Miami-Dade Circuit Court jury Monday evening, the latest fallout from the state’s 2020 “ghost candidates” scandal.
Artiles was convicted on three felony counts related to $44,000 in payments he made to Alex Rodriguez, a no-party candidate whose role was to siphon votes from Sen. Jose Javier Rodriguez, the Democratic incumbent.
The term “ghost candidate” is used to describe a candidate who has no chance of winning, but runs to harm an actual contender’s chances. Ghost candidate Rodriguez was part of an opaquely funded 501(c)(4)—or “dark money”—effort enabled by consultants working for Florida Power & Light, a subsidiary of the NextEra utility conglomerate….
Florida Power & Light CEO Eric Silagy, who was never charged with wrongdoing, had ordered his underlings to “make [Sen. Rodriguez’s] life a living hell.” Silagy retired abruptly in January 2023 in the wake of reporting by Floodlight and its media partners about FPL’s involvement in the ghost candidate scandal.”
Apparently Dade County had a DA who wasn’t protecting their version of Keith Perry from going to jail, like he should have.
PS You want something that smells worse?
” On September 27, Florida federal judge Aileen Cannon dismissed a shareholder lawsuit accusing FPL’s parent company, NextEra Energy, of issuing misleading statements about its political activities.”
Cannon of course is the same Trump appointee who who gives him back rubs while trying to stop the feds from putting him in jail for Jan 6 and violating classified doc laws.
When an issue is in play, it is of little value to respond to the drivel of those who are dishonest and intellectually lazy. They are unencumbered by any rules, reality, or decency. As such, they engage in a game of dungeons and unicorns – crafting fictional characters and storylines that satisfy their self-fulfilling prophecies. They even manufacture and provide resumes for obviously fictional personas to do their bidding.
That is not to say that the diatribes and claims of the detractors aren’t useful – they are an effective tool in illustrating how misguided and irrational they are, void of any cogent and linear thought.
It is always best to let them spew and just do your knitting. Keep pressing forward, secure each victory, and move on to the next one.
With all attempts to undermine the transition of GRU’s governance coming to a close, they are sequestered to one last arrow in their quiver – character assassination. Decades from now, a caregiver will be subjected to listening to their rants and false narratives.
aka Jazzman’s screeds are all over the map, and when folks don’t have the time or effort to follow him down rabbit holes and address every kernel of minutiae to his arbitrary satisfaction, he ridiculously claims a false victory for himself. With that being the case, I think it’s appropriate to take the time to at least equip those who find themselves frustrated with the “whack-a-mole” practiced by aka Jazzman; in this instance – his false attacks on a fine and dedicated public servant.
First and foremost – Keith Perry is an impeccably fine man. Regardless of whether one agrees with his decisions, anyone questioning his integrity lacks all credibility. The fanciful and weak nexus that aka Jazzman attempts to fabricate between FPL, Perry, and the disposition of GRU is a non-starter and complete nonsense.
At the outset – you would have a very difficult assignment trying to give GRU away to an Investor Owned Utility. Investors would rebel and probably demand the removal of any officers placing on the table the consideration of purchasing a Municipal Utility whose debt load, north of 85%, dwarfs the average of 35%. Immediately, the IOU would be saddled with a 1.7 billion dollar debt which is documented to be years away from being satisfied, and that would be absent the concessions that Municipally Owned Utilities enjoy over IOUs.
However, the organic proof that aka Jazzman is characteristically being untruthful is that the only entity with the power to sell GRU is the City Commission which would first have to pass an ordinance placing such a sale before the City’s electorate for their approval. It is in the plain language of the legislation that aka Jazzman has, at best, never studied, or, at worst, is lying about.
What unequivocally absolves Perry from this gutter snipe accusation of collusion to “steal GRU” is that the specific language wasn’t new – it was first submitted by Perry in an amendment to his HB1355 in the 2016 Legislative Session. It would be incredulous for anyone to conclude that someone seeking to have any IOU acquire GRU would write language into their own bill which kept its sale in the hands of the City Commission and the voters. For that matter, no IOU ever uttered a hint of opposition to that language, and their only commentary regarding GRU has been to lament in passing as to how the utility had been led to such dire straits.
The story lacks the mystery that aka Jazzman wants all to believe – the catalyst for the change of governance of GRU was good-intentioned legislators, responding to the pleas of constituents, and then, following an independent audit, weighing all the facts, and appropriately exercising the authority granted to them in order to save the utility, along with the livelihoods of its customers and, in turn, the viability of the city itself.
aka Jazzman needs to take yet another “L” and put some salve on his ego; at some point, even those whom he has had believing his vitriol have to come to terms with the fact that reasonable people, on all sides of the issues, are not well-served by buying into his false realities.
That’s all the Jazzmans, Eastmans, Jeffys, and Wards have left is insults. No facts, no plans, no talking points, only insults. Good luck loser.
Facts were presented, you just dont have the reading level required to comprehend them. 79% of US adults are considered illiterate. That number jumps to 90% when it comes to Alachua Chronicle commenters.
And yet the strange dude jazzman supports the 2 billion dollar wood burner. Oh yeah
Proof please not your nonsense
Thanks Chuck and Governor for exposing the lawless Gainesville City Leaders. I hope they are held accountable financially and for any crimes committed.
I am sure that they will be held accountable financially and criminally in the same way that our governor will be for his misfeasance and spending funds that were not properly allocated. You can’t create crimes out of whole cloth.
Good boy Captain. Here’s your cookie.
Yet jazzman supports the 2 billion dollar wood burner
A political has been screaming into the void. If anyone thinks the fools who the governor appoints at his whim are going to be any better than those who are elected, they are sorely mistaken. Now there is no accountability for anyone. No regulation by the State, no accountability to the voters, and ultimately the Board will be no more than puppets for the Director. This is what happens when the Legislature has nothing better to do than fiddle with local politics.
There is zero chance Chuck wrote this. It is 100% Murtha.
And Chuck, you stole a utility so yeah, we get to be pissy.
What a whiner. Don’t let the door hit you in the a__.
Thank you Chuck
stop “challenging the legislature’s authority”
Wow. I must be getting really old. I remember a time, seems like just a few years ago, when Conservative Republicans used to be for Home Rule, and did not want Big Government in D.C. or Tallahassee telling them what to do.
Now Fascist Trumpkin Clemons is telling locals “Roll over, don’t object, let the Republican Dictator LEADERS in Tallahassee TELL you what to do. We know what is best for you.”
No, Fascist Power Mad Clemons, NO. Not going to happen. Gainesville and Alachua County both have the RIGHT to tell you Tallahassee Dictator Wannabees to attempt copulation with yourselves. It’s called American Democracy., something you Republicans pretended to admire back before you sold your souls to Trump.
No, they are all “statists”, one of their favorite insults, when it comes to just getting their way, no matter what. Look far and wide for principles here or in Tallahassee. Very short supply.
Yet jazzman supports the 2 billion dollar wood burner.
No, actually what he is saying you moron is that there needs to be accountability over the mismanagement that has been proven of the utility by the city commission. If there is no accountability, then the city can harm the rate payers more. Why would we continue to allow that when they have chosen not to do what they were supposed to then why would we continue to allow them to screw the customers of GRU? Especially those that have a hard enough time paying that bill as it is? See what I have noticed about you all that continue to scream home rule or it’s not fair is that you are the elite you can afford to take days and days off work and go to different meetings when other people cannot sit down and shut up.
Tell us who the “authority” is accountable to. The city commission who the “authority” replaced is accountable to all the voters of the city that owns the utility and are on the hook for it’s debts.
But the commission has continuously acted irresponsibly with GRU profits.
Did you get that? Continuously.
They’ve also been the culprits behind raising the utility rates – again, continuously. Obviously the liberal lemmings have a problem learning from bad choices since they keep electing the same types of fiscally incompetent idiots to the commission. Maybe a qualifier should be the ability to balance a checkbook.
Even partisan toads like Clemons make no claim of illegality in the commissions actions with the utility the city owns, so, you know what that means?
Win an election if you want it changed. That’s how democracy works. Unfortunately Florida is no longer free and we are ruled by statists in Tallahassee, cheered on by people like you, happy to give up that freedom to get your way.
We did, and your panties are still all in a wad. Still talking about dark money and fake candidates.
Who was it that filed for the sheriff’s candidacy a short time back?
Time for your feeding.
And yet, you support the multi billion dollar Democrat wood burner
Having GRU as one’s utility provider increases the cost of living in a home.
For all the talk from the City Commission about their concern for affordable housing, they inflated the cost of basic necessary services with their abuse of GRU coffers to fund their unrelated projects for the city, but nearly half of the ratepayers don’t get to vote for the Commissioners who affect their utility costs, so the home rule argument is flimsy.
Notice that it’s the same two employees of the Democratic Party that rail against the GRUA and DeSantis every time the issue comes up on the AC.
They have never once explained how driving GRU into massive debt and substantially raising utility bills benefits their voters or anyone else.
“…my tenure in the Florida House is coming to an end”, yeah and good riddance. You saved your seat by carving up Alachua County and sending them to other districts.
As to the subject, like DeSantis’ power to remove elected officers, which he used to remove 2 DA’s with excellent records due to policy differences, the state does have the power to take over failing municipal entities, but it should be held for instances where that is an actual fact, not as a partisan take over by unprincipled partisan hacks like you. GRU had exactly the same credit rating as FPL when this happened, and whatever concern some might have had for it, the state could have taken a different course of oversight without stripping the citizens of Gainesville of their right to choose the leadership of the utility THEY OWN. As it is, after your partisan BS, the “authority” answers to no one but our dictatorial governor who didn’t care enough to follow the exceedingly simple rules on who could be appointed the 1st time.
Good riddance, take a hike, get lost.
How about you get lost. That man has grow here his family roots are embedded here from way back. You should leave, you arrogant 💩
Lots of crooks are born and bred here.
Agreed and very true, some are even invited by the very Commission you continually defend.
We see that every day in the esteemed trustworthy source, the Alachua Chronicle.
Doofus, you are too stupid to fish. I have not defended any particular action by the city commission beyond the right of the citizens of Gainesville to elect their leaders and for their elected leaders to run the utility they own. The one with the credit rating of ‘A’ – same as FPL – before the unaccountable “authority” took it over.
Fish? You’re still as dumb as a rock and keep biting the bait.
Words of wisdom for the day – Stop using your head as a hammer.
But you still supported the 2 billion dollar biomass fiasco
Is there something wrong with you? As I posted on another thread where you stated this, I have voiced no opinion to anyone on this issue because I don’t have one.
You have an opinion on minor issues yet no opinion on the wood burner????
Dude, it’s done, and compared to the state taking over local governing it’s a small issue. Have you seen the “authority” take any action on biomass?
Which is the very reason you should shut up because the wood burner is the reason for this and the decisions of a commission that did not care about what the people wanted shut up.
Powerful argument That Girl. Why didn’t you tell me you were a lawyer or Proff of Logic at UF!
“Shut up” – I’ll have to remember that one. Kind of a cleaner version of “FY”
I don’t know who you spoke with that you are mixing up with me, but it is interesting. You may also want to take note of the name “That Girl Again!!” again, not “That Girl.” There is an obvious difference if you confuse me with a lawyer or professor of logic at UF, but it is quite a compliment.
It’s difficult when you’re told your local UN 2030 Agenda is gonna “save the planet” (with social justice somehow), plus now told they must prevent “another Hitler” in 2024 — to admit wrongdoing. City politicians have replaced one set of religious beliefs with another.
ACLUSPLCDNC 🤡👹👿👺💩
Wasting resources to the tune of $500k last time it was publicly announced. Would hate to see what the final bill is by the time they’re done fighting it. I think the Authority Board should reduce the GFT by the legal fees incurred since.
In my opinion, Bryan Eastman, Harvey Ward, and City Attorney Daniel Nee should all be thrown in jail for intentionally wasting tax dollars on this illegal and frivolous campaign.
Poor chuck, spent 8 years in Tallahassee and held a leadership position and the only thing to show for it is a stolen utility (that is going to get humiliated at the ballot box) and a Jimmy Buffet T-shirt.
What a waste.
Laura is a supporter of the failed 2 billion dollar wood burner.
It can also be referred to as what those same individuals have done with GRU’s profits.
Waste could also be used to describe the results of parents’ reproductive mechanisms. (Male and female…just in case)
HB 1645 is the Perry Bill (769) on steroids. It is an intricate and complete repudiation of the paradigm of governance inflected on our once proud utility and its ratepayers since 2005. The City Commission and its attorney are in need of removal from office. Having sought the audit and put forth predecessor bill HB 1325, I applaud Chuck’s work in this area.
It is a shame that our “AUTHORITY” has not considered targeted rate relief or billing reform as Chuck keeps calling for. We need appointees who adhere to the letter and intent behind HB 1645. Chuck is not the “AUTHOR” of HB 1645 and Judge Wright is a Circuit Judge in the 8th Judicial Circuit (not 8th DCA). Otherwise, Chuck is spot on.
At the very least, in the legislative process, it is a historic colloquialism to refer to the sponsor of a piece of legislation as its “author”. But for a legislator reviewing, editing, and approving the language of a bill that will bear their name and then filing it for consideration, it is just a draft without a number. In addition, when a legislator refers to themselves as the “author” of a bill – it signals that they stand behind its every word and the buck stops with them.
All that said, in the case of HB1645, Clemons didn’t merely “sponsor the bill”, and referring to him as its “author” isn’t purely a term of art. You can’t say the bill is on “steroids” and applaud his work on the one hand, and then chide his referring to himself as HB1645’s “author”. Perhaps existing ministerial boilerplate administrative language was accepted and engrossed into the bill. But who is it you are contending directed and formulated the original provisions that made HB1645 what it was, including the DEI/political activities prohibition, the GSC formulary including limitations and flow of funds, the SLA factoring, the gubernatorial appointments, etc., and crafted the procedure to shepherd the bill through the process and get the bill signed into law and able to withstand legal challenges?
There is plenty of credit to go around and lots of hard work by many people over a long period in getting HB1645 passed into law. It doesn’t diminish any of those efforts by Chuck Clemons appropriately being referred to as the author of HB1645.
I agree with you in all pertinent regards.