• Submitted by: lena campos
• Politics and Government
• 05 / 03 / 2012

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Gov. Rick Scott began Tuesday morning as the darling of Miami’s Cuban exile community, but by day’s end he was being vilified for the way he handled a bill cracking down on companies that do business with Cuba and Syria.

Shortly after praising their fellow Republican for signing the law at the historic Freedom Tower, Cuban-American lawmakers at the event learned Scott issued a letter that essentially declared the law unenforceable.

The lawmakers — members of Congress, legislators and local commissioners — said Scott blindsided them and undermined the legislation, which prohibits state and local taxpayers from hiring firms that do work in Cuba and Syria. Multi-national firms and the Florida Chamber of Commerce worry about the law’s potential impact.

After a heated telephone conversation with Scott, Congressman David Rivera said he was ready to take the governor to court.

“As a Florida taxpayer who does not want my tax dollars going to companies that do business with terrorist regimes, I am more than willing to sue the governor and the state of Florida to force implementation of this law,” Rivera said.

“I’m sure the governor has been misled by his staff and hope he will reconsider his position so that it does not result in a lawsuit,” said Rivera, who later joined state lawmakers on Spanish-language radio to bash Scott, already a highly unpopular governor.

But Scott’s administration said the governor was clear Tuesday morning about the law when he appeared on a couple of Spanish-language radio stations. He said that, since this state law involves foreign trade, the president and Congress need to expressly authorize it.

“The way it works is, it’s not operative until the federal government passes legislation,” Scott told WQBA-AM (1140) an hour before the bill signing.

“Right now, there’s federal legislation that allows you not to do business with Sudan and Iran. But there’s not federal legislation for Syria and Cuba yet,” he said. “So President Obama needs to do it. It’s the right thing to do. We need to continue to put pressure on Cuba and Syria. Both of them are repressive regimes.”

But the Republican lawmakers at the event, including the congressional members, said Scott is wrong; Congress doesn’t need to change the law.

The confusion and finger-pointing is a case study of Miami’s highly emotional exile politics in which allies can suddenly have political daggers drawn thanks to a gaffe or an apparent slight. The incident also underscores how Scott, a political newcomer, is still feeling his way around the state’s sometimes-treacherous politics.

Scott’s error: He never told any of the lawmakers that he would issue a signing statement that mentioned what he said on the radio. After the event, he failed to clearly mention his concerns in a 12-minute press question-and-answer question. His office then issued his letter after the ceremonial bill-signing at the Freedom Tower, leading some to accuse the governor of disguising his intentions to help big business.

That one act turned a picture-perfect election-year bill signing into a public-relations fiasco.

Earlier, Scott was cheered for ceremonially signing the bill by Rivera and his fellow U.S. Representatives, Ileana Ros-Lehtinen and Mario Diaz-Balart. Congressman Connie Mack also spoke, as did the legislation sponsors, state Rep. Michael Bileca of Miami and Sen. Rene Garcia of Hialeah. Florida House Republican leader Carlos Lopez-Cantera hosted the event.

The first speaker was Diaz-Balart’s brother, former Congressman Lincoln Diaz Balart, who directly contradicted the governor’s later written statement about the need for Congressional action.

Diaz-Balart and the legislators said that Scott’s position in his letter didn’t change the state law. He signed it. And therefore it goes into effect July 1, regardless of what Scott writes, they said. But they’re worried that Scott’s written concerns will be Exhibit A in a future lawsuit challenging the restrictions.

Scott’s spokesman, Brian Burgess, said the governor is basing his decision on the legal analysis of staffers, not politics.

“It’s unfortunate people are taking out their frustrations on the governor,” Burgess said. “The governor has done his part. He supports this legislation. He signed it. He stands with them.”

In March, Miami-Dade County Attorney Robert Cuevas raised concerns in unusual opinion, which was bashed by County Commissioner Esteban Bovo. Bovo attended the signing along with Mayor Carlos Gimenez, Commission Chairman Joe Martinez and Commissioners Jose “Pepe” Diaz and Javier Souto.

The state law would prohibit state and local governments from hiring companies with business ties in Cuba or Syria for contracts worth at least $1 million. A main target: Odebrecht, the giant Brazilian engineering and construction conglomerate.

Odebrecht USA, a Coral Gables-based U.S. subsidiary, has been involved in most of South Florida’s major projects, including the North Terminal at Miami International Airport and the Adrienne Arsht Center for the Performing Arts. A separate subsidiary of the company’s Brazilian parent company is performing upgrades to the Cuban Port of Mariel.

After learning about the company’s business in Cuba last year, Bovo switched his vote so that he could oppose awarding a $57.1 million contract to Odebrecht USA to rebuild the wharves at PortMiami.

Odebrecht officials and the president of the Florida Chamber of Commerce had lobbied the governor and Attorney General Pam Bondi behind the scenes to veto the proposal.

When a veto began to look unlikely, they pushed for Scott to keep the portion of the legislation keeping the state from investing in companies expanding trade with Cuba — but to question whether the portion affecting state and local government contracts would be enforceable. It’s unclear which, or how many, companies would be affected by the legislation.

In March, the four members of Congress — Diaz-Balart, Mack, Rivera and Ros-Lehtinen — sent Scott a letter backing the legislation.

The topic of sending taxpayer dollars to Cuba has long been politically explosive in Miami-Dade. The county once attempted to require affidavits from companies swearing they did not work on the island — a move later struck down by the courts.

Alfredo Durán, a Miami lawyer and Bay of Pigs veteran who advocates for U.S. dialogue with Cuba, called the law an election-year attempt aimed at Cuban-American voters, who comprise roughly 70 percent of the Republican electorate.

“The Legislature cannot override U.S. foreign policy,” he said. “It’s a hypocritical exercise to wrap themselves around the Cuban flag.”