The Senate’s top brass weathered resistance from powerful members within their own party as they propelled the controversial House bill. | Flickr | Flickr Text messages reveal behind-the-scenes battle over charter school bill

TALLAHASSEE — A new education law that has inspired lawsuits from school districts and derision from teachers’ unions nearly fell victim to an intra-party feud in the Republican-led state Senate, as detailed in a series of text messages exchanged by legislators and their staff during the hectic final days of the 2017 legislative session.

The Senate’s top brass weathered resistance from powerful members within their own party as they propelled the controversial House bill through the traditionally moderate upper chamber, according to the communications obtained by POLITICO Florida through public records requests.


A key Republican senator attempted to rewrite FL HB7069 (17R) at the last minute, but the chamber’s GOP leadership overrode his concerns and prepared to sideline him, the texts show. Another powerful senator incorrectly predicted to a teachers' union lobbyist that Gov. Rick Scott would veto the bill, a view shared even by the chief executive’s appointed leaders in the state Department of Education.

The exchanges provide a rare unfiltered glimpse into leaders’ behind-the-scenes strategizing during this spring’s extended and special legislative sessions, and after, as they awaited the looming threat of Scott’s veto pen and digested his stunning decision to approve the House bill while rejecting the Senate’s higher education priority, FL SB374 (17R).

As so often happens in the final days of the lawmaking session, the two education bills were linked. If the House bill failed, so would the Senate bill. And the fate of the House bill — which chiefly benefited privately operated charter schools — was uncertain in the Senate. The controversy over both proposals, in part, led lawmakers to go overtime and finish session three days late, on May 8.

Politician privately protests

It was just one day before the scheduled May 5 end of the legislative session when state Sen. David Simmons, chair of the chamber’s K-12 budget committee, saw a near-finished version of the mammoth H.B. 7069. The bill’s more than 200 pages blended dozens of policy proposals with budget issues, stoking Simmons’ worries that it could be challenged as unconstitutional. (His fears have since been realized.)

Behind closed doors, Simmons immediately began voicing concerns and pushing for changes. On the afternoon of the last planned day, the staff director for Simmons’ education committee sounded the alarm to Senate leaders that the lawmaker was making noise.

“Is it possible for you to talk to Senator Simmons. He wants me to rewrite the house ed bill,” Tim Elwell, the prominent staff member, texted state Sen. Bill Galvano at 2:14 p.m. Chair of the higher education budget committee and a future leader of the chamber, Galvano was in charge of making sure Senate President Joe Negron’s higher education priority was enacted. That meant passing Republican House Speaker Richard Corcoran’s education bill in the Senate.

Four minutes later, Elwell changed his mind. He texted again: “Don’t worry about it. I will handle it.”

“Ok,” Galvano, the Bradenton Republican, replied.

Shortly before 5 p.m., Negron and Corcoran offered the bills to each other during a public budget conference meeting. The measures — each nearly 300 pages — were posted online a few hours later, much to the dismay of legislators who publicly criticized the process as opaque.

The presiding officers had agreed to extend through Monday, allowing for one additional session day to pass all the budget bills, including the education measures, which were tied to the spending plan.

Legislators and lobbyists had the weekend to comb through the all-or-nothing legislation, considering whether to accept the parts they didn’t like so they could get what they ultimately wanted. As for H.B. 7069, was it worth shifting millions in local funding to charters so they could get mandatory recess in elementary schools? Was boosting vouchers for disabled children important enough to embrace an oft-ridiculed merit pay program based on educators’ SAT scores?

The senators were facing pressure from all sides.

Latvala gets it wrong

That Friday evening, a teachers’ union lobbyist texted Senate appropriations committee chair Jack Latvala to alert him to a problematic provision in H.B. 7069 that banned school districts from offering automatic annual contract renewals to highly effective teachers. Another bill containing the anti-tenure prohibition had been defeated in the Senate rules committee in late April, with the help of Latvala, a Clearwater Republican mulling a run for governor.

Because the language had died in committee previously, it shouldn’t have been included in another bill later in the process. Yet there it was, in the measure stitched together by Corcoran, who is openly hostile to labor and had called the FEA “evil” in his first speech in the leadership post.

“I’m sure you know this but Richard just put the Annual Contract issue in the conforming bill,” Jeff Wright, a lobbyist for the Florida Education Association, wrote Latvala at 4:42 p.m., hours before the full bill was public.

“I’m fairly sure that all will get vetoed,” Latvala wrote, inaccurately as it turned out. “Negron and I have had parting of the ways.”

Wright responded: “We have our veto work ready to go.”

‘Blindsided’ over ‘preeminence’

The Senate spent Saturday and Sunday grappling with the contentious aspects of both bills: Negron’s higher education proposal, which the upper chamber’s leaders had to defend, and Corcoran’s K-12 plan, which they had to convince their colleagues to swallow.

Senate leaders found themselves mounting a defense against an unexpected controversy over S.B. 374. Earlier iterations of Negron’s higher education bills would have resulted in a windfall for the University of South Florida in the form of so-called “preeminence” funding. The final version reversed the change, igniting a firestorm of criticism for Tampa Bay lawmakers in particular. The delegation includes Galvano and Latvala.

On Saturday, May 6, Galvano texted Elwell asking for a summary of the USF projects funded in the budget. At 6:30 p.m., after several exchanges, the senator exclaimed: “You’re probably sick of me!”

“Oh no, believe me, you’re not the only one asking questions this weekend,” Elwell quickly responded.

The following morning, after Elwell told Galvano that USF was not “preeminent” under current law, Galvano signaled that the Senate would not push the issue forward and give the university an edge.

“So the goal post wasn’t moved. If we keep current law then they are not preeminent,” Galvano asked rhetorically.

“Correct,” Elwell confirmed.

Latvala’s office also got an earful about USF, with his chief of staff telling him the office fielded “approx dozen calls” and that the local paper “& social media [were] abuzz over USF & pre-eminence changes.

“‘Blindsided,’” Rich Reidy, the staffer, wrote.

Keeping secrets from Simmons

Meanwhile, over the weekend, Simmons digested the final version of H.B. 7069, which included some but not all of the changes he had asked Corcoran for, he said.

State Sen. Bill Montford, a Tallahassee Democrat and former Leon County schools leader who heads the Florida Association of District School Superintendents, informed Simmons the chamber’s 15 Democrats would oppose the House bill as a bloc. He texted on Saturday afternoon: “The D’S are taking a caucus position.” The next day, Montford forwarded several newspaper editorials and letters to the editor demonstrating opposition to the bill.

As the pressure built over H.B. 7069, Senate leaders considered whether they could trust Simmons to present it on the floor, or even the education portion of the budget. They were planning to bench him — apparently without his knowledge.

Negron quietly directed Galvano to prepare to take over.

At 9 p.m. on Sunday, Negron’s senior policy adviser on education, Theresa Klebacha, known as “TK” to her colleagues, sent a text to Elwell: “the president asked Sen Galvano to be ready to present preK12 budget and 7069 as back up , just in case. … I’m just making sure you got the message so you’re prepared. Should be an interesting day….”

Klebacha wanted the move kept secret.

“Don’t mention anything to Simmons or staff,” she added to Elwell seconds later.

Simmons told POLITICO Florida he wasn’t offended staff members were working around him, acknowledging they report to the president. He praised the Senate’s staff. Further, a spokeswoman for Negron defended the staff members’ back-and-forth as “typical” preparation for legislative proceedings.

Ultimately, Simmons offered H.B. 7069 to his colleagues on May 8, the final day of the extended session.

In addressing the full Senate, it was clear Simmons believed the bill was deeply flawed — he said later he gave a “factual presentation” — and so it was somewhat unsurprising when he was one of the few members of his party who voted against it. Latvala, too, expressed his regret that the bloated bill had come to the floor on the last day. Since the bill was linked to the budget, lawmakers had no choice but to approve it as is or blow up the deal. He voted in favor.

Across the hall, Corcoran had postponed consideration of S.B. 374 until his signature bill passed the upper chamber. It did, by just one vote, with some senators like Latvala believing it would be vetoed.

They weren’t alone. Scott’s appointed education commissioner and her staff also believed the bill would die on the governor’s desk.

After the Senate floor vote, the Department of Education’s lobbyist, Tanya Cooper, texted her colleagues: “The senate vote was 20 yeas to 18 nays on 7069.”

“Oh my!” education commissioner Pam Stewart responded.

Demonstrating the department had hoped the bill would fail, Cooper added: “We almost had it!!”

Stewart noted that both Simmons and Montford opposed it.

“Veto override might be tough,” the commissioner wrote, adding: “This was a cuhrazy session.”

When providing the text messages to POLITICO Florida, a department spokeswoman offered a statement from Stewart asserting her “unequivocal” support of Scott’s later decision to sign the bill.

Pre-veto chatter

Before and after session’s end, senators and staff discussed contingency plans for scenarios in which Scott vetoed budget bills. Most of the political establishment buzzed about whether Scott would exact revenge on Corcoran for the speaker’s incessant criticisms throughout session by axing the House bill.

Traditional public school advocates — including superintendents, school boards, administrators, teachers and parents — gave Scott potential cover, begging him to veto H.B. 7069 and the education budget in hopes he would force lawmakers to provide more money. Democratic campaigns piled on.

And even some conservative local education leaders were appalled. Henry Kelley, a former tea party activist who campaigned for Scott and now works for Okaloosa County schools, slammed the House bill in messages to Latvala. He appeared confident the governor would veto the measure, which he called “a ridiculous private company giveaway.”

“Any chance we can get the governor to come to Okaloosa to veto this bill? We can put on a real show and he can stick it to Corcoran,” Kelley texted Latvala on May 10.

Kelley argued the senator should campaign on the bill’s demise, if vetoed. Latvala and Corcoran might face each other in a Republican primary if both run for governor in 2018.

Referring to Scott, Kelley wrote: “I held a rally for him in 2009 before he even announced he was running. His staff has never impressed me with their political savviness, but this is a real chance to bolster you guys. I think there’s even a way, based on what you said on the floor on Monday, for you to benefit from this veto in a public way as well.”

Latvala seemed less sure about Scott’s plans by then.

The senator responded two days later, on May 12. “I will be with the Gov for two days mon. Tues. should get an idea what he is thinking.”

Initially withheld by the House, the budget finally hit Scott’s desk on May 31. Two days later, the governor appeared with Corcoran and Negron during a morning press conference in Miami. He announced then he would force lawmakers into a special session to redo school aid and increase funding for economic development and tourism. Scott wouldn’t commit to signing the education bills, but he implied he would if the lawmakers did what he asked.

Final assault

Heading into the chaotic three-day June gathering, Simmons continued his crusade against H.B. 7069, soliciting the help of his Democratic colleagues in strategizing how to weaken the measure.

“Please call me. Have an idea to amend HB 7069,” he wrote to Montford at 7:39 a.m. on June 3. He again asked the Democrat to call him on June 4.

The next morning, state Sen. Gary Farmer, a freshman Fort Lauderdale Democrat and outspoken opponent of many "school choice" proposals, wrote to Simmons: “Good morning David, a little Birdy told me you might be working on some sort of legislative move for the special session that would mollify 7069. Can I help?”

“Yes,” Simmons responded. From the messages that follow, it appears they spoke by phone, after which Farmer asked Simmons to e-mail the proposed amendments to him.

On June 6, Simmons alerted Farmer he was tweaking his strategy slightly to combat criticisms that his proposals were unrelated to the “call” of the special session — Scott’s reasoning for asking lawmakers to return.

“Please call me. Have slight change of plans since I think we have found a way to fit within the ‘Call,’” Simmons wrote.

The senator’s plan was to defund H.B. 7069, redirecting some of the money earmarked for charter schools to struggling traditional public schools instead. He argued charter schools couldn’t open quickly enough to spend all the money this year.

It didn’t work. The Legislature voted to increase public school funding, but they used one-time money freed up from Scott’s line-item vetoes rather than raiding Corcoran’s charter school fund.

Also during the special session, senators employed the risky strategy of attempting to override Scott’s budget vetoes. It angered the governor, his allies said. Although it seemed unlikely, Scott and lawmakers forged a budget deal behind closed doors, ending the special session on time.

Afterwards, Scott embarked on a victory tour with Corcoran, a surprising turnabout following the leaders’ prior feud. The snub to the Senate president foreshadowed a bigger one still to come.

Dashed hopes

Staff at the State University System wondered whether they were in the clear, since the schools’ big increases got Scott’s signature.

Brittany Davis, communications director for the system’s board of governors and its chancellor, Marshall Criser, asked Scott’s chief spokeswoman Jackie Schutz: Without approval for S.B. 374, was it too soon to rejoice?

“Hi, Jackie. This is Brittany at the BOG. Chancellor Criser wanted me to double-check with you that you don’t mind us sending out our press release celebrating session,” Davis wrote on June 9.

“One item it would include is the research funding that was approved in the budget. The policy component is a part of SB 374, which hasn’t been signed yet. So, basically, the money is already there, but the bill hasn’t technically been signed,” she continued. “He was under the impression you were okay with moving ahead, but we just wanted to make sure."

Schutz did not respond by text message. The governor’s staff has said it’s their policy not to text about state business.

But it wasn’t as safe as it seemed.

A few days later, Scott vetoed Negron’s bill.

He then signed Corcoran’s.

Senate staff lamented.

On June 15, Klebacha wrote to her colleague, legislative analyst Lily Tysinger: “Confirmed: 374 vetoed last night and 7069 just signed. sigh…….”

Tysinger replied: “Yup.”