Florida Zika emergency funds went to partner of Ann Scott’s aerial spray businesses

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott and First Lady Ann Scott

Gov. Rick Scott has used his emergency authority to spend $33.3 million to combat Zika, some of which went to pay for aerial spraying done by a company that is partnered with his wife’s mosquito spraying businesses in another state.

Florida Bulldog reported in August 2016 that Scott, via First Lady Ann Scott, had an undisclosed financial interest in Mosquito Control Services (MCS) of Metairie, LA. The company describes itself on its website as a “fully-certified team of mosquito control experts – licensed throughout the Gulf Coast, including Louisiana, Georgia, Mississippi, Alabama and Florida.”

Further examination of Louisiana corporate records, however, shows the Scotts are also tied to eight other active mosquito control firms all at the same Metairie address. Several have lucrative, multi-year contracts to provide aerial spraying and other services to local parishes and cities.

The nine are not on Florida’s list of state vendors. Records show, however, that at least four of them, including MCS, conduct aerial spray operations in Louisiana using planes owned by one of Florida’s largest Zika-fighting subcontractors, Dynamic Aviation Group of Bridgewater, VA.

Dynamic Aviation contracts with the Scotts’ companies to handle their aerial bug spraying because those companies have no planes of their own, according to Federal Aviation Administration records.

Dynamic is partnered in Florida with Illinois-based Clarke Environmental Mosquito Management, the principal vendor to more than a dozen Florida counties, cities and independent mosquito control districts, including Miami-Dade. FAA records list Dynamic or its affiliates as the registered owners of dozens of aircraft, including a fleet of turbine-powered Beechcraft King Air spray planes.

A Dynamic Aviation spray plane

“The Clarke and Dynamic Aviation Partnership is the leading provider of mosquito control application services to federal, state and local governments throughout the United States,” Clarke boasted in a bid document submitted to Ocala in August 2015.

Today, the Florida Department of Health reports that there are “no areas of ongoing, active transmission of Zika by mosquitos in Florida.” In February 2016, however, public anxiety in the state about Zika was on the rise.

Public health emergency

That month, Gov. Scott declared a Zika public health emergency in 23 counties and directed Florida’s surgeon general to decide how long the emergency declaration should last. It has continued this year in a hodge-podge of counties across the state, including Miami-Dade. Late last month, Surgeon General Dr. Celeste Philip re-declared a Zika public health emergency in Broward and Palm Beach counties citing travel-related cases. Emergency spending also carried over into 2017 in Miami-Dade and Broward.

 Gov. Scott led last year’s high-profile anti-Zika campaign. He also politicized it. From August through early November, during the height of the presidential campaign, Republican Scott’s office issued a dozen press releases attacking Washington, specifically the Obama administration and Florida Democratic Sen. Bill Nelson – who many believe Scott will run against next year – about the lack of immediate Zika funding.

Florida Surgeon General Dr. Celeste Philip

On Sept. 22, Gov. Scott wrote an op-ed article for USA Today in which he denounced Obama, called the “entire” federal government” incompetent and alleged that federal inaction against Zika was “sad, sick proof that Washington isn’t just broken, it must be completely overhauled from top to bottom.”

Scott’s article doesn’t mention how under Scott state money for mosquito control programs was cut 40 percent – from $2.16 million to $1.29 million – in 2011. Politico had reported that in a story published one month earlier. Likewise, Scott didn’t mention that he’d cut a special $500,000 appropriation for a public health “mosquito lab” in Panama City Beach, effectively shutting it down and “causing the state to lose half of its mosquito researchers,” according to Politico.

In response to an inquiry by Florida Bulldog, Florida Department of Health spokeswoman Mara Gambineri said the state has to date expended $52.8 million in Zika emergency funds, including nearly $9 million this year. Of that, Scott’s emergency order caused $33.3 million to be sent to 69 counties and mosquito control districts “to increase their capabilities and to prevent and respond to Zika,” she said.

State records also show the Department of Health paid Clarke $783,572 directly to supply mosquito traps and monitoring services in 2016-2017.

How much emergency money went to pay for aerial spraying is not known. “Decisions on the mechanism for vector control, whether it be aerial, truck, etc. were made by the mosquito control districts. We do not track the funding specifically each method,” Gambineri said.

Tracking spending on the county level is problematic.

For example, Miami-Dade spokeswoman Gayle Love said the county has paid Clarke/Dynamic $175,000 for aerial spraying since the governor’s February 2016 emergency order. Yet in May the county commission ratified its acceptance of $1.2 million in state emergency funds to pay for last year’s aerial spraying services. The balance was diverted into another pot of $22 million in emergency funds that paid for truck spraying, Love said.

‘Aviation solutions’

Privately owned Dynamic provides what it calls “special-mission aviation solutions” to customers that include “national defense, military intelligence, federal agencies, state and local governments, nonprofit research organizations and private companies.”

Records show the Scott’s nine mosquito control companies – all Louisiana limited liability companies with names like Mosquito Control Services, Mosquito Control, Terrebonne Mosquito Control and St. John Mosquito Control – are led by two officer-managers, Gregory Scott and Steven Pavlovich. The companies make most of their money exterminating mosquitos for local governments in Louisiana.

Gregory Scott, CEO of G. Scott Capital Partners

Gregory Scott is also the managing director of G. Scott Capital Partners, the Connecticut private-equity firm in which Ann Scott is a substantial investor-owner. Its investment program “aims to generate high financial returns by making direct control investments in established, U.S.-headquartered lower middle market companies,” according to paperwork filed with the Securities and Exchange Commission.

Also known as Scott Capital, the firm boasts on its website of its ownership of MCS as well as investments in other companies owned or formerly owned by Gov. Scott, including Continental Structural Plastics. Florida Bulldog reported in June that Gov. Scott apparently pocketed $200 million earlier this year after the $825 million sale of CSP to the Japanese conglomerate Teijin Ltd.

Gregory Scott has said he is no relation to Gov. Scott, but SEC records show that from 2000 to 2012 he led the private-equity group at the governor’s Richard L. Scott Investments. He previously told Florida Bulldog that Ann Scott is a “passive investor” in Scott Capital.

The governor and other Florida state officers are not required by law to disclose assets held in the name of their spouses or other close relatives.

Gov. Scott, a multimillionaire, maintains his personal investments in a state “qualified blind trust” that’s ostensibly independent, but is in fact overseen by another of the governor’s former business cronies, Alan Bazaar of New York’s Hollow Brook Wealth Management. Bazaar also serves as an advisory board member of Scott Capital, according to SEC records filed last year.

The governor’s office regularly cites the blind trust in declining to answer questions or comment on the known business dealings of Gov. Scott and the First Lady.

“After Governor Scott took office in 2011, he put all his assets in a blind trust so they would be under the control of an independent financial professional. As such, the governor has no knowledge of anything that is bought, sold or changed in the trust,” the office said on Friday.

Dynamic Aviation was likewise silent in response to written questions.

“Dynamic Aviation declines to comment on the questions below,” said company spokeswoman Avis Foster in an email last week.

MCS manager Steven Pavlovich did not return phone messages seeking comment.

A lucrative business

The business of spraying mosquitos from the air can be lucrative. For example, MCS has a five-year mosquito abatement contract with Louisiana’s Jefferson Parrish that’s worth $4.3 million a year – or $21.5 million in total. The latest contract runs until Jan. 31, 2023.

A screenshot from MCS’s home page showing what it says is its “fleet” of mosquito spray planes

A bid document submitted by Scotts’ company in January shows how it cultivated goodwill with local politicians. An affidavit by company manager Pavlovich says MCS contributed $25,000 to the campaigns of 15 Jefferson Parish elected officials in 2015-2016.

Bid documents also disclosed that MCS passes its aerial spraying work in the parish to Dynamic Aviation, the same subcontractor that sprays in Florida.

MCS’s home page features a photo of what its literature calls “our fleet of Beechcraft King Air” spray planes. In fact, the photo is at least six years old, and FAA records show that the planes it depicts were owned or formerly owned by Dynamic Avlease, a member of the Dynamic Aviation Group.

Some agencies in Florida’s decentralized mosquito control scheme, like Broward County, own their own planes or helicopters and do their own aerial spraying. The Clarke/Dynamic partnership has mosquito control contracts with Miami-Dade, Orange, Osceola, Seminole, Martin, Henry, Volusia and Alachua counties, among others.

In its bid for a multi-year contract with the city of Ocala in 2015, Dynamic identified five planes that it said were “registered here in the State of Florida to perform mosquito control services.”

Online flight records indicate that the Scotts’ Terrebonne Mosquito Control, in addition to using the same aerial spraying subcontractor, may also have used that Florida-registered mosquito control plane.

In July one of those planes, tail number N72J, flew back and forth four times between Sarasota/Bradenton International Airport and Houma-Terrebonne Airport in Houma, LA, the records say.

Gov. Rick Scott won’t release 2014 tax return or info about his blind trust

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott

Gov. Rick Scott

When Gov. Rick Scott qualified to run for re-election last year, he made public his federal income tax returns for 2010-2012 “in the interest of full and complete public transparency,” according to his lawyer.

Four months later, with Election Day approaching and media inquiries rising, Scott also disclosed his 2013 tax return.

But today, amid news of Scott’s investment in a company that’s seeking to build a controversial, $3-billion natural gas pipeline in north and central Florida, the governor won’t make public his federal income tax return for 2014.

“If he’s provided his income tax returns in the past, it would seem in the spirit of transparency that he should provide it now,” said Ben Wilcox, research director for the nonpartisan government watchdog group Integrity Florida.

The governor’s office also declined a request by FloridaBulldog.org for copies of the federal tax returns filed by the now-closed blind trust that Scott used during his first term to hold his assets outside public scrutiny.

Scott revoked his original blind trust in June 2014 in order to run for re-election, immediately opening a new blind trust into which he rolled over his assets. By state law, public officials do not have access to the tax returns of their active blind trust.

Likewise, the governor’s office would not make public copies of the agreements Scott signed with the trustee of his blind trusts in 2011 and again last year. Those trust agreements control the trustee’s actions. Florida’s “qualified blind trust” law specifically allows the governor to make his trust agreements public, but it does not require him to do so.

“A search of the Executive Office of the Governor’s files produced no documents responsive to your request,” said Savannah Sams of the governor’s Office of Open Government.

In 2013, the Legislature decided that if a public official creates a trust and does not control the interests it holds, his “official actions will not be influenced or appear to be influenced by private considerations.”

BLIND TRUST = IMMUNITY FROM CONFLICTS 

That justification underlines the enactment of Florida’s qualified blind trust statute, which effectively grants immunity from prohibited conflicts of interest to public officials regarding assets they stash in a blind trust.

There is strong evidence, however, that Gov. Scott retains control over his blind trust.

An investigation last year by FloridaBulldog.org found that the state’s blind trust law has been ineffective in keeping Scott from becoming aware of what’s in his trust. Indeed, on several occasions in the last three years Gov. Scott signed paperwork filed with the U.S. Securities and Exchange Commission that reported in detail on large stock transactions made by his blind trust. Those transactions brought the governor tens millions of dollars.

Alan Bazaar, CEO of Hollow Brook Wealth Management

Alan Bazaar, CEO of Hollow Brook Wealth Management

Further, the governor has described his trustee, New York’s Hollow Brook Wealth Management, as “independent,” yet the firm’s chief executive officer is longtime Scott crony and former employee Alan Bazaar. Also at Hollow Brook: Cathy Gellatly, Scott’s former corporate accountant at Richard L. Scott Investments.

Bazaar signed paperwork in 2011 and again last year certifying the blind trusts met the requirements of Florida law and were independent of the governor. His certifications, however, were not made under oath and were not notarized, offering the public little assurance or recourse.

When Scott revoked his original blind trust last year while qualifying to run again for governor, he made public a lengthy list of his assets. The maneuver served to insulate Scott from criticism about financial transparency during his successful re-election campaign against Charlie Crist, but it also revealed that since 2011 Scott had placed a large personal bet on the natural gas industry.

One of Scott’s investments was in Texas-based Spectra Energy, which wants to build Sabal Trail, a controversial 474-mile underground pipeline designed to run from Alabama and Georgia to a hub in central Florida near Orlando, in partnership with Florida Power & Light. Scott reported owning $108,000 in shares of Spectra and its affiliate DCP Midstream Partners.

Florida ethics laws generally prohibit public officials from owning stock in businesses subject to their regulation or that do business with state agencies.

Gov. Scott’s stake in Spectra wasn’t publicly known in 2013 when he signed into law a pair of bills designed to speed up permitting for the pipeline project, or when the state Public Service Commission – whose members he appointed – unanimously approved its construction.

In July, the Department of Environmental Protection announced it intended to award both a permit and underwater drilling rights for the project to Sabal Trail Transmission LLC. An environmental group challenging that decision has accused the governor of a conflict of interest. A state administrative judge is considering the matter.

Pipeline company to judge: Evidence of Gov. Scott’s investment in us ‘irrelevant’

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott

Gov. Rick Scott

Lawyers for a company that wants to build a natural gas pipeline in north Florida have told a judge that environmental opponents should be blocked from “presenting evidence or argument” about Gov. Rick Scott’s financial interest in the company.

“Such evidence is irrelevant and the admission of which would be unfairly prejudicial,” attorneys for Sabal Trail Transmission, LLC told Administrative Law Judge Bram D.E. Canter in last week’s filing.

The Florida Department of Environmental Protection (DEP), which is backing the $3 billion Sabal Trail pipeline, filed a similar argument earlier this month when it called the “allegation regarding a conflict of interest…not material to this proceeding.”

Sabal Trail is a joint venture of Spectra Energy Partners and Florida Power & Light parent NextEra Energy. Spectra Energy’s investors have included Gov. Scott.

The nonprofit WWALS Watershed Coalition filed for an administrative hearing on September 3 after state regulators said they intended to award Sabal Trail both a permit and rights to drill under riverbeds in order to build the 267-mile stretch of 36-inch underground pipeline in Florida. WWALS has asked the judge to deny the permit.

Among the documents WWALS has asked the DEP to produce are all communications from Scott or his executive office about the Sabal Trail project since the governor took office.

WWALS Watershed Coalition logo

WWALS Watershed Coalition logo

The case is proceeding quickly. On September 21, Sabal Trail’s attorneys at the Tallahassee law firm Hopping Green & Sams invoked a law that Scott signed in May 2013 that speeds up the permitting process for the construction of interstate natural gas pipelines.

Under the law, challenges to new pipelines must be heard within 30 days “regardless of whether the parties agree to the summary proceedings.” Before Scott signed the law, natural gas pipelines were specifically excluded from consideration for expedited review.

The bill (HB 999) that ultimately amended the law to include expedited review for natural gas pipelines was introduced by then State Rep. Jimmy Patronis, R-Pensacola.and overwhelmingly passed by the Legislature. Last October, Republican Scott appointed the term-limited Patronis to Florida’s Public Service Commission.

HEARING NEXT MONTH

Judge Canter has set a hearing on Sabal Trail, which is to run a total of 474 miles from Alabama and Georgia to a hub south of Orlando, for Oct. 19-22 in either Jasper or Live Oak. Click here to view documents filed in the case, 15-004975.

The issuance of a Florida environmental resources permit would be a key step toward construction of the pipeline. But it is not the only remaining hurdle.

The Federal Energy Regulatory Commission is the lead federal agency responsible for reviewing the Sabal Trail proposal and preparing an environmental impact statement. FERC’s decision is expected by the end of the year.

FERC’s first public hearing in Florida is 5:30 p.m. Thursday, October 1, at Columbia High School Auditorium, 469 SE Fighting Tiger Drive in Lake City.

WWALS’s petition contends the pipeline poses threats to native wildlife, including threatened species, and argues that proposed drilling into the area’s karst limestone to lay pipe could cause new sinkholes to form.

The group, an affiliate of the Waterkeeper Alliance, also raises a potentially explosive political issue: Whether Gov. Scott, as a trustee of the state board that owns the land beneath the rivers, has a conflict of interest due to his investments in Spectra Energy and Williams Company, owner of the Transco pipeline from which Sabal Trail plans to obtain its gas.

“The governor and other public officials are prohibited by state ethics laws from owning stock in businesses subject to their regulation or that do business with state agencies,” the group’s petition says.

The governor’s blind trust is supposed to shield him, and the public, from conflicts of interest by putting his investments under the control of an independent trustee, and keeping them secret. Public officers who put their assets in a qualified blind trust receive immunity from prohibited conflicts of interest.

As FloridaBulldog.org has reported, however, Scott’s trustee is Hollow Brook Wealth Management, run by his longtime business crony Alan Baazar. The blind trust also has proved ineffective in preventing public disclosure of Scott’s assets.

Moreover, Florida’s qualified blind trust law, which Scott signed into law in May 2013, does not contemplate the unique situation that has transpired as Scott has used the law.

SCOTT’S BIG INVESTMENT IN NATURAL GAS

Scott created his original blind trust in 2011. Last year, while qualifying to run for re-election, he dissolved that trust, disclosed a lengthy list of his assets, opened a new blind trust and immediately stashed his assets into it.

The asset list revealed that during Scott’s first term the governor acquired substantial investments in the natural gas industry. His holdings, first reported by FloridaBulldog.org in July 2014, included stock in Spectra Energy, majority owner of Sabal Trail Transmission; Williams and more than two-dozen other entities that produce and/or transport natural gas, including some with substantial Florida operations.

Scott’s investments in Spectra and Williams also gave him a financial interest in the Gulfstream pipeline that runs from Alabama to Tampa Bay under the Gulf of Mexico. Those companies and their limited partnerships jointly own and operate Palmetto-based Gulfstream Natural Gas System, LLC.

Scott, too, reported owning a bigger stake in giant Energy Transfer, the publicly traded master limited partnership whose subsidiaries include a joint venture that owns Florida Gas Transmission, Florida’s other major natural gas pipeline that runs from Texas through the Florida peninsula to Miami-Dade.

Scott also invested in Boardwalk Pipeline Partners (BWP), a master limited partnership that wholly-owns Gulf South Pipeline Co. Gulf South operates pipelines in Florida’s Panhandle.

Scott has declined to be interviewed about the matter, but his staff has said the governor has no conflicts of interest because he has no knowledge of the current contents of the blind trust that are under the control of trustee Hollow Brook Wealth Management and Alan Baazar.

Pipeline foes ask DEP to deny key permit; Cite ‘conflict of interest’ by Gov. Scott

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott

Gov. Rick Scott

Opponents of a proposed natural gas pipeline in North Florida are asking Florida regulators to reject the project, citing both dangers to the environment and a “conflict of interest” by the regulators’ boss, Gov. Rick Scott.

The Florida Department of Environmental Protection announced in July its intention to award a crucial environmental permit and rights to drill beneath riverbeds that would allow Houston-based Spectra Energy (NYSE:SE) to construct the controversial, $3-billion Sabal Trail Transmission.

State records show Spectra Energy’s investors have included Gov. Scott.

On Friday, the nonprofit WWALS Watershed Coalition, an affiliate of the Waterkeeper Alliance, filed an amended petition asking the DEP to deny the permit or “at the very least” re-route the underground pipeline to avoid “the sensitive karst terrain that underlies north central Florida…especially drilling under the Withlacoochee, Suwannee and Santa Fe rivers.”

“The risk is not just to these waters…it is to the entire State of Florida whose growing population relies on the Floridan aquifer for much of its drinking water,” says the 34-page petition filed by WWALS president John S. Quarterman. The Floridan aquifer underlies all of Florida and parts of Alabama, Georgia and South Carolina.

Spectra Energy spokeswoman Andrea Grover, however, noted that DEP’s notice of intent to issue the permit followed nearly a year of discussions and review. “The permit requires full mitigation of all wetland impacts and protects water quality,” she said.

deplogoIf accepted as legally sufficient by DEP, the petition would put the brakes on the department’s plans to issue the permit and trigger an administrative hearing before any permit could be awarded. A DEP spokeswoman said Monday that the department’s lawyers are reviewing the petition.

The 474-mile Sabal Trail Transmission LLC is a joint venture of Spectra Energy Partners and Florida Power & Light parent NextEra Energy. It is intended to supply fracked natural gas to fuel a new generation of gas-fired power plants across the state, including Port Everglades.

Sabal Trail is to run across Alabama and through southern Georgia where it will enter Florida in d County. The Florida leg, 257 miles long, will push south through a dozen counties to a hub in central Florida south of Orlando. Along the way, the pipeline would be installed beneath several rivers.

‘REASONABLE ASSURANCE’

In the July 10 notice of intent, DEP Central District Director Jeff Prather wrote that Sabal Trail had provided DEP with “reasonable assurance” that pipeline construction would comply with state laws and rules. Likewise, Prather wrote, the department determined that “construction and operation” of the Sabal Trail pipeline would not violate state water quality standards.

“The applicant has also demonstrated that the construction…is clearly in the public interest,” Prather said.

The Federal Energy Regulatory Commission is the lead federal agency responsible for reviewing the Sabal Trail proposal and preparing an environmental impact statement. FERC’s decision could come as early as November.

The WWALS petition argues that the project is “clearly not in the public interest of the citizens of Hamilton and Suwannee counties who will be affected…without any benefit whatsoever.”

The petition describes the lands in north Florida along Sabal Trail’s proposed route as a rich habitat for native wildlife – including threatened species like the gopher tortoise and the eastern indigo snake.

The area is honeycombed with sinkholes and sensitive underground springs and caverns at special risk from the proposed, 36-inch natural gas pipeline. Forested lands will be cleared and wetlands filled to make way for the pipeline, substantially reducing wildlife habitat, a plan that is “not acceptable,” the petition says.

Schematic showing cross-section of the proposed HDD crossing of the Withlacoochee River and hypothetical karst features that could result in a hydrofracture (frac-out), significant loss in drilling fluid and potential loss of the borehole. Source: August 2014 report by geologist Robert Brown

Schematic showing cross-section of the proposed HDD crossing of the Withlacoochee River and hypothetical karst features that could result in a hydrofracture (frac-out), significant loss in drilling fluid and potential loss of the borehole. Source: August 2014 report by geologist Robert Brown

Drilling through the area’s karst terrain, formed by the gradual erosion of Florida’s limestone or dolomite rocks, could cause new sinkholes that could cause pipeline failure, property damage or even human injury, the petition says.

More ominously, the petition says the proposed use of Horizontal Directional Drilling (HDD) to bore through karst limestone in order to lay underground pipe at river crossings increases the risk of “frac-outs” that happen when a drill bores into an underground spring. The result can be a new sinkhole “resulting in potentially catastrophic effects on spring and river flows and water quality in both rivers and private wells.”

“This month another sinkhole opened just across the state line in Lowndes County, Georgia, threatening to absorb a road, as another did a few years ago,” the petition says. “Such sinkholes can form years after a pipeline is installed, as happened in Assumption Parrish, Louisiana in 2013 when Florida Gas Transmission had to move its pipeline.”

MORE STUDY NEEDED?

The petition calls for more study before such drilling “destroys underground caverns and spring conduits that may cause the extinction” of exotic species living in those caverns and springs.

Further, the petition cited the possibility of a pipeline failure and an explosion that would damage the underground karst terrain and springs and kill designated or threatened species like the alligator snapping turtle, American alligator and Suwannee cooter turtle.

The petition points out that a Spectra Energy pipeline exploded beneath the Arkansas River in Little Rock on May 31. It goes on to note that Spectra has been repeatedly fined by federal regulators in the U.S. and Canada for “failing to properly maintain and repair their pipelines and for failing to clean up contamination” when their pipelines leaked.

“Why is Florida DEP trusting this company with our valuable natural resources?” the petition asks.

With the Clinton Presidential Center in the foreground, this photo shows a Spectra Energy pipeline blowout beneath the Arkansas River in Little Rock on May 31. Photo Courtesy: Tony Cassady

With the Clinton Presidential Center in the foreground, this photo shows a Spectra Energy pipeline blowout beneath the Arkansas River in Little Rock on May 31. Photo Courtesy: Tony Cassady

Spectra Energy presents a different picture.

“Our safety record is better than the industry average,” said spokeswoman Andrea Grover. “Our reportable incidents were approximately half the rate of the industry average during the past five years.”

During the same period, Grover said, Spectra Energy operates about four percent of the nation’s natural gas transmission pipelines, yet received only two percent of the enforcement actions initiated by U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.

Florida’s Department of Environmental Protection serves as staff to the Board of Trustees of the Florida Internal Improvement Fund, which owns the submerged lands beneath the rivers where Spectra Energy wants to run the pipeline. The DEP is delegated decision-making authority to issue an easement to allow construction under the Florida Administrative Code.

The WWALS petition says Gov. Scott, in his role as a member of the fund’s board of trustees, has a “conflict of interest” due to his “financial interests in Spectra Energy, the parent company of Sabal Trail Transmissions, as well as in Williams Company, the owner of the Transco pipeline from which Sabal Trail plans to get its gas.

“The governor and other public officials are prohibited by state ethics laws from owning stock in businesses subject to their regulation or that do business with state agencies,” the petition says.

In response, Scott’s office issued a statement saying the public is protected from conflicts of interests because his assets are in a blind trust “under the control of an independent financial professional. As such, the governor has no knowledge of anything that is bought, sold or changed in the trust.”

As FloridaBulldog.org has reported, however, the blind trust has not prevented public disclosure of Gov. Scott’s personal stock holdings. On June 25, for example, Scott and the trust reported to the U.S. Securities and Exchange Commission that Scott had sold 122,653 shares of Argan (NYSE:AGX) earlier that month for $4.87 million. Argan’s Gemma Power Systems subsidiary builds and operates power plants in Florida and elsewhere.

In March 2014, the Bulldog also reported that longtime Scott crony Alan Bazaar runs Hollow Brook Wealth Management, the trustee. Bazaar, who also manages another large Scott trust and family partnership, was a principal and a portfolio manager at the governor’s Naples-based investment firm for nearly 11 years before Scott ran for office.

You don’t need X-ray vision to see through Gov. Rick Scott’s blind trust

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott, right, and blind trust executive Alan Bazaar

Gov. Rick Scott, right, and blind trust executive Alan Bazaar

Governor Rick Scott keeps his $127.8 million stock portfolio in a blind trust intended, by law, to prevent him from having knowledge or control of his investments and to eliminate conflicts between the governor’s public responsibilities and his private interests.

But Florida’s qualified blind trust statute, a little-noticed part of the large 2013 ethics reform bill signed into law by Scott himself, isn’t doing its job. While veiling the governor’s assets from the public, the blind trust fails to keep him blind to his investments.

There are at least two reasons why: disclosure requirements in federal securities law that can undercut blind trust secrecy, and weak conflict-of-interest rules in Florida that don’t require public officers like the governor to disclose assets they own or control when held in their spouse’s name.

For example, on June 25 Scott and the trustees of his blind trust told the U.S. Securities and Exchange Commission that Scott had sold 122,653 shares of Argan (NYSE:AGX) earlier that month for $4.87 million. Argan is a publicly traded holding company whose Gemma Power Systems subsidiary builds and operates power plants in Florida and elsewhere.

The report filed by Scott and his trustees at New York-based Hollow Brook Wealth Management also disclosed that the governor continued to own 4.2 percent of Argan – or 606,124 shares – worth nearly $23.7 million at Tuesday’s closing stock price of $39.06.

The public report says, “No other person is known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the shares of common stock that are the subject of this filing.”

This wasn’t the first time Scott made millions on a private stock deal while in office.

In March 2014, FloridaBulldog.org reported that the governor and First Lady Ann Scott recently had collected $17 million selling hundreds of thousands of shares of Argan held by the blind trust and other entities. The story also reported about other large transactions involving several other companies whose stock Scott owned.

Scott’s Argan stock sales included at least 140,000 shares held by the blind trust – then worth $2.5 million – which also retained 523,000 shares. The two other selling entities: the F. Annette Scott Revocable Trust and the Richard L. and F. Annette Scott Family Partnership, in which Scott has acknowledged he was a beneficial owner.

Scott’s June filing does not break down the number of Argan shares sold then by each entity in five trades made June 15-19. But on more than one occasion the blind trust, the first lady’s trust and the family partnership have coordinated transactions – buying or selling large numbers of shares on the same day, at the same price or in similar proportions.

SCOTT ‘HAS NO KNOWLEDGE OR CONTROL’ OF BLIND TRUST

Scott’s office would not elaborate. Spokeswoman Jackie Schutz released a statement Tuesday saying the blind trust is “under the control of an independent financial professional” and that the governor “has no knowledge or control of anything that is bought, sold or changed in the trust.”

Nevertheless, trustee Hollow Brook Wealth Management’s chief executive is Alan Bazaar who worked for Scott from July 1999 to January 2010 as managing director and portfolio manager at Richard L. Scott Investments. Hollow Brook is also an “investment adviser” to the Scott family partnership and the revocable trust in Mrs. Scott’s name.

Further, Scott and Bazaar were partners in a company that in 1999 invested in Cyberguard, a Deerfield Beach computer security firm. The company’s board of directors included then-Broward Sheriff Ken Jenne, who later went to prison for corruption, and Fort Lauderdale lobbyist and Scott confidant William D. Rubin.

To date, Gov. Scott is the only public officer in Florida to use a state qualified blind trust to shield his assets and obtain the safe harbor it provides from prohibited conflicts of interest, according to the Florida Commission on Ethics.

Keeping his securities portfolio in the blind trust means Scott does not have to identify his individual securities on his annual financial disclosure form. Instead, his form describes his biggest single asset as simply “Governor Richard L. Scott 2014 Qualified Blind Trust.”

While the state form does not detail his blind trust holdings, mandatory reports he must make to the SEC about his large stock transactions do. But they aren’t the only way information about Scott’s stock holdings have gone public.

Companies must file reports identifying their biggest shareholders. For example, Argan’s May 16, 2015 report to the SEC in advance of its annual meeting listed Richard L. Scott as a principal stockholder who then owned 965,255 shares, or 6.6 percent of the company.

pipelineGov. Scott also has made public information about the contents of his blind trust.

In June 2014, while qualifying to run for re-election, Scott closed his original blind trust, made public a list of his blind trust assets, then immediately put those assets back into a new blind trust.

The maneuver presented a snapshot of Scott’s stock holdings as of Dec. 31, 2013. Among other things, it revealed Scott was heavily invested in energy companies, including those that control the two existing natural gas pipelines serving Florida.

Also disclosed was Scott’s $108,000 investment in Spectra Energy and its affiliate DCP Midstream Partners.

Spectra is currently seeking regulatory approval to build the $3 billion Sabal Trail Transmission, an approximately 500-mile pipeline to run from Alabama and Georgia into North Florida and south to Orange County. The underground pipeline would supply fuel to the state’s new gas-fired power plants.

The Florida Public Service Commission, whose five members were appointed by Scott, unanimously approved Sabal Trail in the fall of 2013, before Scott’s stake in Spectra was publicly known.

Last month, the Florida Department of Environmental Protection said it intended to award a key environmental permit and easement for the controversial Sabal Trail project that’s majority-owned by Spectra Energy.

FP&L and Duke Energy, also partners in the project, have contributed $1.4 million to Let’s Get to Work, the political committee branded with Scott’s campaign slogan, according to federal records. They also gave a combined $5.8 million to the Republican Governors Association in 2013-14, which in turn contributed $18.3 million to Let’s Get to Work last year.

Gov. Scott and GE: Jobs, incentives and investments in Scott’s oil & gas partnerships

By Dan Christensen, BrowardBulldog.org 

Gov. Rick Scott with Jacksonville Mayor Alvin Brown and GE representatives on Friday

Gov. Rick Scott with Jacksonville Mayor Alvin Brown and GE representatives on Friday

When Gov. Rick Scott announced last week that GE Oil & Gas would open a $50 million manufacturing facility in Jacksonville he talked about how it would create 500 new jobs for Florida.

GE Oil & Gas’s official welcome package: up to $15.4 million in financial incentives, including $10 million from the city and $5.4 million from the state.

Not mentioned in the hoopla was how another division of General Electric, GE Energy Financial Services, has invested hundreds of millions of dollars in publicly traded oil and natural gas partnerships in which Scott had a financial interest.

Financial disclosure records made public by Gov. Scott in June show that as of Dec. 31 he was heavily invested in more than two-dozen oil and gas ventures. One was Spectra Energy, which is currently working with Florida Power & Light to build the contentious, $3 billion Sabal Trail pipeline in north Florida.

As BrowardBulldog.org reported in July, Scott and his appointees at the Public Service Commission backed construction of Sabal Trail despite state ethics laws that generally prohibit public officials from owning stock in businesses subject to their regulation. Scott acquired his Spectra shares via a controversial “qualified blind trust,” which by law allows politicians to hide their investment activity and also affords them immunity from prohibited conflicts of interest.

A spokesman for the governor’s re-election campaign, Greg Blair, has said Scott was unaware of his Spectra investment because the trustee of the blind trust made it. Longtime Scott crony Alan Bazaar runs the trustee, Hollow Brook Wealth Management.

Gov. Scott’s oil and gas assets include 18 publicly traded master limited partnerships, some with significant ties to GE Energy Financial Services. Oil and gas master limited partnerships don’t pay corporate income taxes, offering investors liquidity and tax benefits.

For example, the governor reported a $135,800 investment in Houston-based Crestwood Midstream Partners LP. He also disclosed an additional $110,600 stake in Crestwood Equity Partners LP, the master limited partnership that manages and controls Crestwood Midstream.

‘VALUE CREATION FOR STAKEHOLDERS’

Crestwood Midstream announced in June that GE Energy Financial was one of a trio of corporate investors that had agreed to buy up to $500 million worth of its Class A preferred units. The proceeds were earmarked to expand Crestwood’s ability to extract and process shale oil, reduce debt and “provide long-term value creation for all our stakeholders.”

GE Energy Financial made another large investment intended to boost Crestwood last year. In that July 2013 deal, GE provided $80.6 million to a Crestwood subsidiary that gathers and transports fracked natural gas extracted from shale in Wyoming. GE also agreed then to provide a total of up to $150 million in future capital contributions, according to a press release.

“This transaction is another step in the execution of our strategy to position Crestwood in rich gas plays,” Crestwood chairman and chief executive Robert G. Phillips said at the time.

The governor’s spokesman, Greg Blair, said Monday that Scott’s backing for GE Oil & Gas’s Jacksonville plant was not influenced by General Electric’s favorable investments in partnerships in which he owned an interest. Blair also said again that Scott had “no knowledge” of his portfolio holdings “because the decision to invest was made by the trustee of the blind trust.”

GE Oil & Gas’s new plant will manufacture regulators, control valves and other products used by the industry. It is expected to open in November.

Regency Energy Partners, LP is another entity in which GE Energy Financial and the governor shared an interest.

Gov. Scott valued his Regency units at $194,000 as of Dec. 31, while reporting he also had a $206,600 stake in PVR Partners LP, which was acquired by Regency in March.

The governor obtained his Regency units sometime after he created his first blind trust in April 2011. That trust was terminated in June when he publicly disclosed his assets in a move apparently designed to make sure he qualified to run for a second term. The governor immediately opened a new blind trust instrument and placed his assets into it.

Dallas-based Energy Transfer Equity LP, another master limited partnership in which the governor reported owning a $310,600 stake, controls Regency.

Energy Transfer acquired Regency’s general partner from an affiliate of GE Energy Financial for $310 million in May 2010. Affiliates of GE Energy Financial retained 24.7 million limited partner units in Regency, according to a Regency press release.

In an October 2012 report to the U.S. Securities and Exchange Commission, GE reported that its affiliate had reduced its Regency holdings to 8.4 million units, or 4.9 percent of Regency’s outstanding units. The move meant that GE was no longer required to publicly disclose its ownership interest in Regency. Its holdings today, if any, are unknown.

Gov. Scott had stake in pipeline firm whose $3 billion venture he and his appointees backed

 

By Dan Christensen, BrowardBulldog.org 

Florida's existing and proposed pipeline routes. Gov. Scott invested hundreds of thousands of dollars in companies that own all three. Illustration: NextEra Energy

Florida’s existing and proposed pipeline routes. Gov. Scott invested hundreds of thousands of dollars in companies that own all three. Illustration: NextEra Energy

Upon his election, Gov. Rick Scott’s transition team included a Florida Power & Light executive who pitched his company’s plan to build a major natural gas pipeline in North Florida to fuel a new generation of gas-fired power plants in places like Port Everglades.

“The proposed project will need state regulatory and governmental agencies to understand and support this project,” said the proposal submitted by FPL vice president Sam Forrest.

Gov. Scott understood. In May and June 2013, he signed into law two bills (HB 999 and HB 1083) designed to speed up permitting for what came to be known as the Sabal Trail Transmission – a controversial, 474-mile natural gas pipeline that’s to run from Alabama and Georgia to a hub in Central Florida, south of Orlando.

Five months later, the Florida Public Service Commission, whose five members were appointed by Gov. Scott, unanimously approved construction of Sabal Trail as the state’s third major natural gas pipeline. More approvals are needed from the Federal Energy Regulatory Commission (FERC) and the Florida Department of Environmental Protection, which the governor oversees.

What wasn’t publicly known in 2013, however, was that Gov. Scott owned a stake in Spectra Energy, the Houston company chosen by Florida Power & Light that July to build and operate the $3 billion pipeline. Sabal Trail Transmission LLC is a joint venture of Spectra Energy and FPL’s parent, NextEra Energy.

BrowardBulldog.org’s review of financial records made public last month by Gov. Scott show that as of Dec. 31 his portfolio included several million dollars invested in the securities of more than two-dozen entities that produce and/or transport natural gas – including some, like Spectra, with substantial Florida operations.

His stake in Spectra Energy was reported as being worth $53,000 that day.

Florida’s ethics laws generally prohibit public officials like the governor from owning stock in businesses subject to their regulation, or that do business with state agencies. A similar prohibition exists on owning shares in companies that would “create a continuing or frequently recurring conflict” between an official’s private interests and the “full and faithful discharge” of his public duties.

NEW CONCERNS ABOUT BLIND TRUST LAW

Scott’s investments in companies that do business in Florida raise fresh concerns about the operation of Florida’s so-called “qualified blind trust” statute – a law that allows public officials to veil their investment activity while affording them immunity from prohibited conflicts of interest.

Gov. Rick Scott

Gov. Rick Scott

Scott acquired his Spectra shares via his blind trust. Exactly when that occurred is not known, and Greg Blair, a spokesman for the governor’s re-election campaign, said in an email that Scott has “no knowledge of the investment because his decision to invest was made by a trustee of the blind trust.”

Blind trusts are supposed to eliminate conflicts of interest by “blinding” public officials and the public to the nature of their holdings. The law’s requirement that officials hand over control of an investment portfolio to a disinterested manager was intended to accomplish that.

But as BrowardBulldog.org reported in March, the governor’s blind trust was ineffective in keeping the governor’s assets secret. And Alan Bazaar, a trusted former employee of the governor’s private investment firm Richard L. Scott Investments, managed it.

“The legislature makes it easy for officials to get away with conflicts of interest through loopholes in the ethics code,” said Dan Krassner, executive director of Integrity Florida, the nonpartisan research institute and government watchdog group. “Corruption has been institutionalized in Florida with flawed policies like blind trusts and political appointees issuing advisory opinions on what’s ethical.”

The governor, the senate president and the house speaker appoint the members of Florida’s Commission on Ethics.

The governor’s financial interest in Sabal Trail’s builder, Spectra, is also fueling criticism from opponents of the controversial natural gas pipeline project.

“That’s very interesting,” said Susan Glickman, Florida Director of the Southern Alliance for Clean Energy. “It’s totally inappropriate that we have policymakers making important decisions where they have a financial stake in the outcome.”

“OUTRAGED AND DISHEARTENED”

Beth Gordon is a lawyer and former South Florida resident who now lives with her family on a 32-acre horse farm in Levy County where Spectra wants to route Sabal Trail. She helped found Spectrabusters, a citizens’ group that’s fighting Sabal Trail.

“I’m outraged and disheartened by this news. I feel blindsided,” said Gordon, who like Scott is a Republican. “The governor’s interest is in getting these companies the permits they need and he’s not interested in the environment.”

The governor’s financial disclosure form, essentially a snapshot of his extensive holdings as of Dec. 31, shows that Scott also owns a $55,000 stake in another Spectra asset, DCP Midstream Partners. DCM is a natural gas limited partnership 50 percent owned by Spectra Energy.

Scott disclosed his portfolio last month after he closed his original blind trust, then immediately opened a new one and placed all of his assets back into it.

He did it “to ensure that there would not be the possibility of any conflict of interest,” spokesman Greg Blair said via email. “As a result, Gov. Scott has no knowledge of the current contents of the blind trust.”

The trustee of the new blind trust, however, continues to be New York’s Hollow Brook Wealth Management and its chief executive and longtime Scott crony Alan Baazar.

Neither the governor nor anyone on his staff would be interviewed about his investments. Last month’s disclosure form marks the first time the governor has made public a list of his securities investments since he formed the blind trust in April 2011.

The maneuver served to insulate Gov. Scott from criticism about financial transparency amid his re-election campaign against former Gov. Charlie Crist. But it also revealed Scott’s large personal bet on natural gas and firms like Spectra and Energy Transfer Equity LP.

GOV. SCOTT’S STAKES IN OTHER FLORIDA PIPELINES  

Energy Transfer is a publicly traded master limited partnership whose subsidiaries include a joint venture that owns Florida Gas Transmission. FGT is the state’s largest natural gas pipeline, transporting it from Texas through the Florida peninsula south to Miami-Dade.

Florida Gas Transmission is also a major state vendor. According to Transparency Florida, the state website where government spending information is posted, FGT was paid $28.4 million by the Department of Transportation for various construction services in 2013-2014.

Scott valued his units of Energy Transfer as being worth $311,000 as of the end of last year. He likewise reported additional investments in a pair of entities owned by Energy Transfer, Regency Energy Partners LP and PVR Partners LP, totaling $400,000.

Scott’s investments in Spectra and Williams, an energy infrastructure company, also gave him a financial interest in Florida’s other major natural gas pipeline, Gulfstream, which runs from Alabama to Tampa Bay beneath the Gulf of Mexico. Those companies and their limited partnerships jointly own and operate Palmetto-based Gulfstream Natural Gas System LLC.

Scott’s disclosure form reported that in addition to his Spectra holdings he owned Williams shares worth $104,000 and a $71,000 ownership interest in a master limited partnership owned by Williams, Access Midstream Partners.

In addition to the bills Scott signed to streamline permitting for natural gas pipelines, he likewise benefitted the industry last year by approving another law (HB 579) that provides $30 million over five years to fund rebates to commercial fleet operators who buy, convert or lease vehicles that run on natural gas. The program, administered by Agriculture and Consumer Services boss Adam Putnam, offers applicants a maximum annual rebate of $250,000.

The Public Service Commission later approved several individual natural gas vehicle programs. PSC Commission Chairman Ronald A. Brise said the moves helped make “natural gas pricing more competitive with conventional motor fuels.”

The law also exempts natural gas fuel from state fuel, sales and use taxes for five years.

“They’re doing everything they can to build the market,” said Glickman.

Florida’s natural gas market is huge and growing. Nearly 68 percent of Florida’s electric generation, and more than 72 percent of FPL’s total energy, was fueled by natural gas in 2012, according to the Public Service Commission. Pipelines bring virtually all of that gas to Florida.

SABAL TRAIL TO POWER FPL PLANTS

The Sabal Trail underground pipeline is to run through 13 Florida counties. Documents state that it is intended to provide Florida Power & Light with a dedicated supply of natural gas for power generation needs and other purposes starting in May 2017.

Much of that new supply is to come from natural gas fracked from shale. It would flow to Florida from Sabal Trail’s connection to Williams’ Transco pipeline in Alabama.

Sabal Trail is to terminate at a new central Florida hub where it would connect to the state’s two other main natural gas pipelines, Florida Gas Transmission and Gulfstream. Another part of the new pipeline project that does not involve Spectra is the construction of a 126-mile, $550 million pipeline to run from Sabal Trail’s termination point in Osceola County to an FPL plant in Indiantown in Martin County.

“The primary factors driving this increased need are the three modernization projects currently in progress at FPL’s Cape Canaveral, Riviera Beach and Port Everglades natural gas plants to upgrade older, 1960’s-era steam combustion turbine generating units to modern, and more efficient combined cycle technology,” said the Public Service Commission’s October 2013 memorandum endorsing the pipeline projects.

Sabal Trail, however, has drawn significant opposition from both environmentalists who fear pollution and residents who consider the 36-inch steel pipeline a hazard and don’t want it anywhere near them.

In April, the Environmental Protection Agency (EPA) sent a 17-page letter to FERC that questioned the need for Sabal Trail and suggested alternatives, like improved energy conservation measures, that would allow FPL to otherwise meet the power needs of its customers.

“U.S. electricity sales appear to have peaked in 2007,” the letter says.

FPL isn’t the only utility looking to generate electricity using natural gas imported via Sabal Trail.

Later this year, the Public Service Commission will consider plans by Duke Energy Florida to build a new, combined-cycle natural gas plant near Crystal River in Citrus County that would be a major customer of the new pipeline.

According to a Duke Energy press release, the project also requires certification under Florida’s Power Plant Siting Act. Certifications are issued by Florida’s siting board, which consists of the governor and Cabinet.

Florida’s First Lady invests quietly in investment firm that mirrors governor’s old company

By Dan Christensen, BrowardBulldog.org 

Governor Rick Scott and First Lady Ann Scott Photo: Meredyth Hope Hall

Governor Rick Scott and First Lady Ann Scott Photo: Meredyth Hope Hall

Florida First Lady Ann Scott doesn’t talk publicly about where she invests the many millions of dollars in assets her husband, Governor Rick Scott, has transferred to her since his election in 2010. She doesn’t have to because Florida’s public officials, including the governor, are not required to disclose a spouse’s assets.

But Securities and Exchange Commission records reveal one place she’s sunk a lot of money is an obscure “family” investment firm that boasts $160 million under management and operates using the online name Scott Capital Partners.

Scott Capital looks a lot like a corporate doppelganger of Richard L. Scott Investments, the governor’s private equity firm where he made millions for himself and his family putting together big-money investment deals.

SEC records show that three men who worked for Gov. Scott when he ran Richard L. Scott Investments now operate Scott Capital, which describes itself using the same three-sentence paragraph once used by RLSI. Scott Capital’s online portfolio boasts more than a half-dozen large investments actually made years ago by RLSI.

One of those investments was Solantic, which operated a chain of walk-in clinics. According to media reports, Gov. Scott transferred his $62 million investment in Solantic to his wife’s revocable trust amid allegations of conflict of interest shortly before taking office. Mrs. Scott reportedly sold the family’s stake in Solantic in June 2011.

Another Scott Capital feature that makes it look a lot like the RLSI organization run by Rick Scott is that RLSI’s law firm – Bradley Arant Boult Cummings – is now Scott Capital’s law firm.

That legal link also ties Scott Capital back to another Rick Scott venture because partner Stephen T. Braun, based in the firm’s Nashville office, was general counsel to Columbia/HCA Healthcare when Gov. Scott led that company. Braun and his firm have represented RLSI and Rick and Ann Scott in various stock transactions.

HIDING CONNECTIONS

While lineage with a sitting governor could be a valuable asset, Scott Capital has gone out of its way to obscure its connections to Florida’s governor and First Lady.

Online biographies of Scott Capital’s three principals – Gregory David Scott, Andrew K. Maurer and F. Bradley Scholtz – don’t mention that they once worked for Gov. Scott at RLSI. Instead, the bios each say they started with Scott Capital in the years the men actually began at RLSI.

The governor and Mrs. Scott would not be interviewed about Scott Capital, and the governor’s office did not answer written questions about the family’s relationship with the investment advisor firm based in Rowayton, Connecticut.

While Scott Capital doesn’t capitalize on its heritage, its website does not identify the firm’s own full legal name: G. Scott Capital Partners LLC. That omission is an impediment to obtaining public regulatory information about the firm and is odds with the company’s own statements on its annual registration applications to the SEC.

On those forms, the SEC requires investment advisers to disclose both their full legal name and the “name under which you primarily conduct your advisory business.” The name Scott Capital Partners isn’t listed on the company’s SEC filings.

The SEC disclosure forms are more forthcoming about the backgrounds of Gregory Scott, Maurer and Scholtz, stating that each worked for Richard L. Scott Investments LLC until 2012, around the time that name was shed and Scott Capital Partners was incorporated.

“Yes, it was in that time frame,” Scholtz said when asked when the name Richard L. Scott Investments was dropped and Scott Capital Partners was formed. Scholtz, who originates and evaluates private equity deals, referred further questions to Managing Director Gregory Scott.

Gregory Scott indicated his name was used to reflect his majority interest in the firm, which records show was organized as a limited liability company in Delaware in November 2012.

‘NOT RELATED TO RICK’

“I have the same last name. I’m not related to Rick, but that’s all I want to say. Why would I speak to a reporter?” he said.

SEC records say Gregory Scott owns 50 to 75 percent of the holding company that owns Scott Capital. Tally 1, a limited liability company incorporated in Delaware in November 2012 and controlled by the First Lady, owns the rest. The Frances Annette Scott Revocable Trust, which pumped $11.3 million into Gov. Scott’s 2010 campaign, owns a controlling interest in Tally 1.

Gregory Scott described the First Lady, an interior decorator by trade, as a “passive investor.”

The governor’s office did not respond to written questions asking whether Gov. Scott has an ownership interest in Tally 1. When Gregory Scott was asked if Gov. Scott was involved with Scott Capital he said, “That’s enough” and concluded the interview.

Gov. Scott’s lawyers told the Commission on Ethics last year that the governor placed all of his assets in a blind trust in 2011 to eliminate conflicts of interest by “blinding” himself to the nature of his enormous investments in stocks, bonds and other entities. The First Lady’s assets were not included and nothing in Florida law prevents the First Lady from telling her husband how she is investing the assets he gave her or prevents him from suggesting to her how she should invest her assets.

In March, BrowardBullldog.org reported that Florida’s 2013 blind trust law has proved ineffective in preventing public disclosure of the governor’s personal riches due to federal disclosure requirements regarding large stock transactions.

This year alone, through various entities including the blind trust, the Scotts made more than $20 million selling shares in two publicly traded companies, Argan and NTS communications. Argan’s principal subsidiary, power plant builder Gemma Power Systems, does business in Florida.

TRUSTEE IS EX-PARTNER, EMPLOYEE

A subsequent story reported that Alan Bazaar, chief executive of Hollow Brook Wealth Management which serves as the independent trustee of the governor’s $72 million blind trust, worked for Scott at RLSI for more than a decade prior to his run for governor. The governor and Bazaar also were partners a decade ago in a lucrative investment in a Deerfield Beach computer security company called Cyberguard.

Scott Capital reported to the SEC on March 27 that it provides management services for family investment accounts, a start-up private equity fund and an unspecified number of limited liability companies that facilitate large investments in single companies. The firm is paid a percentage of assets under management, performance fees and is reimbursed by clients for overhead.

As of Dec. 31, Scott Capital said it managed $160 million in client assets, most of it from a handful of high net worth individuals. Its public filings don’t identify them, but Scott Capital’s history, structure, ownership and portfolio indicate they include members of Gov. Scott’s family.

Scott Capital’s largest managed asset is RLSI-CSP Capital Partners, a limited liability company that SEC paperwork identifies as a private fund with a gross asset value of $120 million.

Gov. Scott created RLSI-CSP Capital Partners in 2005 in order to purchase Continental Structural Plastics, an Ohio-based automotive and air conditioning company supplier. Financial records made public last summer state that Gov. Scott put his ownership units in RLSI-CSP into his blind trust in 2011, valuing his stake at $14.2 million.

There is other overlap between the portfolios of Scott Capital and Gov. Scott’s blind trust. Both have reported large stakes in Pharmaca Integrative Pharmacy, a Colorado-based drug store chain, and Strike and Spare family entertainment and bowling centers of Tennessee.

A NEW DEAL

Scott Capital’s lone deal since Mrs. Scott’s investment is the May 2013 acquisition of of Valterra Products. The deal was accomplished using two limited liability corporations that Scott Capital’s SEC filings valued at $11.5 million. Valterra, headquartered in California, manufactures fluid control products for recreational vehicles, pools and spas and other industries.

Around the same time that Richard L. Scott Investments LLC employees moved to Scott Capital Partners, RLSI dropped the governor’s name and changed its name to Columbia Collier Management.

RLSI’s corporate history prior to 2007, the year of its incorporation in Florida, is unclear.  The venture capital firm with offices in Naples, Stamford, Connecticut and New York City, said it was established in 1997, yet a search of corporate records in more than a half dozen other states where Scott is known to have done business turned up no record that RLSI was previously incorporated.

Asked about that, the governor’s office did not respond.

It wasn’t until last year that First Lady Ann Scott began signing RLSI’s annual reports. This February, the company changed it name to that of the company that has managed it since 2007 – Columbia Collier Management.

Among Columbia Collier Management’s affiliates is another limited liability company set up by businessman Richard L. Scott in 2007, Columbia Collier Properties. Today, that entity is the registered owner of the Cessna Citation jet that Gov. Rick Scott uses to travel around Florida and elsewhere at his own expense, but with little public accountability.

The asset list for the governor’s blind trust does not mention Richard L. Scott Investments. It does, however, list ownership units in Columbia Collier Management that Scott valued at $2.2 million in April 2011.

Asked whether the governor maintains an ownership interest in Columbia Collier Management, spokesman John Tupps said, “Governor Scott is in full compliance with Florida’s blind trust laws.”

Gov. Scott chose a familiar face to manage his $72 million blind trust

 

By Dan Christensen, BrowardBulldog.org 

Alan Lee Bazaar, left, and Gov. Rick Scott

Alan Lee Bazaar, left, and Gov. Rick Scott

Most Floridians have never heard of Alan Lee Bazaar. Yet as chief executive of the New York investment advisory firm that serves as trustee of Gov. Rick Scott’s blind trust, Bazaar is the keeper of an important public trust for Florida’s citizens.

Bazaar and the company he runs, Hollow Brook Wealth Management, oversee Scott’s $72 million portfolio of stocks, bonds and other investments on the governor’s behalf. Their duty is to decide when to buy or sell the governor’s assets without telling him – in effect “blinding” Scott to his holdings and, by law, immunizing him from prohibited conflicts of interest.

Trustees of qualified blind trusts in Florida are supposed to be disinterested fiduciaries. Relatives of the governor, his political allies, state employees or any “business associate or principal” need not apply.

The governor’s office describes Bazaar and Hollow Brook as “independent” of Gov. Scott. Bazaar and Scott, however, are intimate, longtime associates at Richard L. Scott Investments, according to a variety of public records.

Bazaar was a principal at the governor’s Naples-based investment firm for nearly 11 years, serving in positions of responsibility and trust until shortly before the governor announced his candidacy in April 2010. Bazaar joined Hollow Brook shortly after leaving Scott’s firm.

Bazaar worked for Scott from July 1999 to January 2010 as managing director and portfolio manager. He “co-managed the public equity portfolio and was responsible for all aspects of the investment decision-making process, including all elements of due diligence,” according to a biography on file at the U.S. Securities and Exchange Commission.

DEEPER TIES

Scott’s relationship with Bazaar is deeper than employer-employee, and he and his family’s financial ties to Hollow Brook go beyond the blind trust.

SEC records show that more than a decade ago the two men were members of a Delaware company that invested several million dollars in a small Deerfield Beach computer security company – an investment that later yielded tens of millions of dollars in returns.

SEC records also show that today Hollow Brook is “investment adviser” to two other large entities in which Gov. Scott owns a beneficial interest, – “a family partnership controlled by Richard L. Scott’s spouse (the Scott Family Partnership) and a revocable trust for the benefit of Mrs. Scott’s spouse (the Scott Revocable Trust).”

Bazaar declined to discuss Hollow Brook or his work, past or present, for Gov. Scott. “We don’t speak to reporters,” he said.

The governor’s office was asked why Gov. Scott chose Bazaar to oversee his blind trust given their long-standing business relationship. A spokesman cited the state ethics code’s definition of business associate: “Any person engaged in or carrying on a business enterprise with a public officer….as a partner, joint venturer, (or) corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange.”

“Mr. Bazaar does not fall within that definition,” spokesman John Tupps said in an email.

The past relationship between Gov. Scott and the man who oversees his blind trust is nevertheless troubling, according to Dan Krassner, executive director of the nonpartisan government watchdog group Integrity Florida.

“The relationship certainly stretches the concept of an independent third-party making disinterested investment decisions,” said Krassner. “When the legislature said don’t use business associates, you would think that would prohibit involvement of someone’s portfolio manager.”

BLIND TRUST CREATED TO HIDE THE GOVERNOR’S ASSETS

Gov. Scott’s blind trust was created in 2011 to place a veil over Scott’s many financial assets and any transactions involving them. Under a state law enacted last year, the arrangement immunizes Scott from any prohibited conflicts of interest because those assets are considered to be outside Scott’s knowledge or control.

Last week, however, BrowardBulldog.org reported that the trust has been ineffective in preventing disclosures of the governor’s assets. Information about stock purchases and sales by the blind trust are a matter of public record elsewhere.

For example, U.S. Securities and Exchange Commission records show that since December 2012 the blind trust has sold millions of dollars worth of shares of Argan Inc., a company that does business in Florida through its power plant construction subsidiary, Gemma Power Systems. Scott continues to be the beneficial owner of approximately $27 million in Argan shares.

The law does not require Scott to make public the agreement he signed with Hollow Brook that created the blind trust, and his office declined BrowardBulldog.org’s request to release a copy.

Instead, Bazaar certified to Florida’s Commission on Ethics last July that the blind trust met the law’s requirements. There is no way to verify Bazaar’s assertion.

Gov. Scott picked Hollow Brook and Bazaar, who turns 44 this weekend, to manage his blind trust when it was created in April 2011. It was a comfortable selection for both men. Bazaar’s duties were similar to his former job at Richard. L. Scott Investments where he helped research and choose Scott’s investments.

SCOTT’S EYES AND EARS

At the firm, Bazaar was Scott’s eyes and ears when serving as a director on the boards of corporations in which Scott had taken a large investment stake.

A decade ago, for example, Bazaar was named to the board of directors of a company called Media Sciences International. Federal records state that Bazaar’s board membership was part of a deal in which Scott invested $1.25 million in exchange for a million shares of Media Sciences stock directly from the company.

Alan Bazaar, third from right, with other members of the board of directors of NTS communications

Alan Bazaar, third from right, with other members of the board of directors of NTS communications

As trustee of the governor’s blind trust, Bazaar continues to serve on boards of companies in which Scott is heavily invested.

One example is NTS, a broadband services provider. Bazaar joined the board of directors in 2012 in the wake of a settlement between management and dissident shareholders looking to make changes in order to maximize shareholder value.

Last month, Lubbock, Texas-based NTS merged with another company and its stockholders received $2 for each share they owned. SEC reports show that Scott’s blind trust owned 1.25 million shares worth $2.5 million. Scott was also the beneficial owner of an additional 3.7 million NTS shares held by the Scott Family partnership and the First Lady’s trust. The total value of the Scott’s NTS shares: $10 million.

In 2013, Bazaar also became a director at Wireless Telecom Group of Parsippany, N.J.

Two years before, Gov. Scott’s blind trust reported its initial assets included $434,000 in Wireless Telecom stock. When Bazaar joined Wireless Telecom’s board on June 12, 2013, the company disclosed that Gov. Scott was the beneficial owner of 1,872,265 shares, or 7.9 percent of the company. The market value of those shares was $2.26 million.

How many of those Wireless Telecom shares were assets of the blind trust is not known. The governor typically owns shares indirectly via trusts or partnerships and Wireless Telecom did not identify the entity or entities holding Scott’s shares.

Hollow Brook, whose employees also include Scott’s longtime corporate accountant Cathy Gellatly, charges its clients fees based on a percentage of assets under management and performance, according to SEC records.

SCOTT FAMILY’S ENORMOUS ASSETS

In the case of the Scott family, those assets are enormous. The governor’s blind trust alone holds assets valued at more than $70 million. The Scott family partnership and the First Lady’s revocable trust are worth upwards of tens of millions of dollars more, SEC records show.

SEC records reveal something else: an apparent coordination of transactions among those three entities, each of which owned huge parallel interests in some of the same stocks.

On more than one occasion, the blind trust, Ann Scott’s trust and the family partnership bought or sold large numbers of shares on the same day, at the same price and in the same or similar proportions.

Gov. Scott filed reports with the SEC disclosing two such transactions.

The first report states that on Nov. 2, 2011 the blind trust, Ann Scott’s trust and the family partnership each bought shares of NTS for which they paid a total of $750,000. The second filing reported proportional sales by those entities of 350,000 shares of Argan on Dec. 20, 2012. The sales grossed $6.3 million.

SEC records also disclose Bazaar’s personal investments in stocks that Scott owned.

For example, Bazaar was a member of Fernwood Partners II, a Delaware investment company that Scott and his wife, Ann, used in 1999 to invest $3.7 million in Cyberguard, a Deerfield Beach computer security firm.

As part of that deal, Cyberguard added Scott’s brother, William Scott, and former Columbia/HCA Healthcare executive David Manning to its board. Gov. Scott was Columbia/HCA’s chief executive until 1999 when he resigned amid a federal Medicare fraud investigation.

Others who later joined Cyberguard’s board included Gov. Scott’s longtime friends, Broward Sheriff Ken Jenne, who later went to prison for corruption, and Fort Lauderdale lobbyist William D. Rubin. For their board service, both men were granted Cyberguard shares worth hundreds of thousands of dollars.

Gov. Scott quietly rakes in millions from stock sales; Florida’s blind trust law ineffective

By Dan Christensen, BrowardBulldog.org 

Gov. Rick Scott Photo: Joe Burbank, Orlando Sentinel

Gov. Rick Scott
Photo: Joe Burbank, Orlando Sentinel

Over the last 15 months, Gov. Rick Scott and his wife, Ann, through various entities, made more than $17 million selling hundreds of thousands of shares of Argan Inc., a publicly-traded company whose subsidiary, Gemma Power Systems, does business in Florida.

The Scotts’ Argan profits were magnificent, more than quadruple their investment.

Gov. Scott’s blind trust sold 140,976 of those Argan shares worth $2.54 million on Dec. 20, 2012. After the sale, the blind trust retained more than 520,000 Argan shares worth $9.43 million.

You aren’t supposed to know that. Gov. Scott isn’t supposed to know it either.

Not long after taking office in 2011, Scott put his personal portfolio of stocks including Argan, bonds and other financial assets into the blind trust that’s managed by others. The idea was to eliminate any appearance of a conflict of interest between the governor’s financial assets and his official duties by “blinding” him  – and the public – to the nature of his vast holdings.

Yet an investigation by BrowardBulldog.org has found that the governor’s blind trust, and Florida’s qualified blind trust law, have been ineffective. They have not prevented public disclosure of Gov. Scott’s personal riches.

MILLIONS IN BLIND TRUST ASSETS VISIBLE 

Millions of dollars of assets placed in the Richard L. Scott Blind Trust – securities, partnership interests and the like – are not veiled as the law intended. They are visible to Scott or anyone else who knows where to look. They are a matter of public record.

The reason: Florida’s blind trust law is trumped by the public reporting requirements of the U.S. Securities and Exchange Commission.

“The public is not benefiting from Florida’s so-called blind trust policies. It’s really not a blind trust. It’s more like a removable blindfold,” said Dan Krassner, executive director of the nonpartisan watchdog group Integrity Florida.

No one in the governor’s office, including General Counsel Peter Antonacci, would be interviewed for this story.

Gov. Scott and First Lady Ann Scott

Gov. Scott and First Lady Ann Scott

In response to emailed questions, Scott spokesman John Tupps said, “The governor’s blind trust is controlled by an independent trustee by law. He has no knowledge of any blind trust activity or transaction since his assets were placed in the blind trust on April 30, 2011.”

Still, publicly available SEC records show that just two weeks ago the governor and the First Lady cashed out another $10 million from the stock market when their five million shares in the publicly traded telecommunications firm NTS, held indirectly through several entities they control, were acquired in a merger. NTS changed is name from XFONE in 2012.

Gov. Scott’s blind trust accounted for a quarter of that total, or $2.5 million, the records show. Half of the Scotts’ stake, including the blind trust’s shares, were acquired at a bargain basement price directly from NTS on Nov. 2, 2011 – nearly one year to the day after Scott’s election.

The governor voluntarily created his blind trust about four months after his inauguration. Because public officials in Florida are not required to report spouses’ holdings, only financial assets owned directly in Scott’s name, or by the Richard L. Scott Revocable Trust, went into the trust.

Florida’s qualified blind trust law, signed by Gov. Scott last May 1, allows public officers to find legal safe harbor from prohibited conflicts of interest by using such trusts to hold their assets outside their knowledge or control.

Over the summer, Scott sought a ruling from the ethics commission that his blind trust met the new law’s standards and that he was entitled to its protection. In September, after Scott’s lawyers disclosed a list of initial assets placed into the trust, the ethics commission ruled that “under the circumstances presented,” Scott’s blind trust complies with state law.

So far, the extremely wealthy Scott is the only public official in Florida to create a qualified blind trust to shield his assets, according to the Commission on Ethics.

‘SECRECY APPROACH FAILED’

Today, however, the governor’s safe harbor seems in jeopardy because of the blind trust’s inability to keep his assets hidden from public view.

Dan Krassner, executive director of nonprofit Integrity Florida

Dan Krassner, executive director of nonprofit Integrity Florida

“The secrecy approach to accountability has failed and full disclosure is the solution. Lawmakers should repeal the blind trust law and instead have a policy of full disclosure of private financial interests of public officials,” said Integrity Florida’s Krassner.

The blind trust’s shortcomings would appear to create an immediate potential problem for Gov. Scott in his oversight role as chair of the State Board of Administration.

The SBA, with more than $176 billion in public money under management, invests widely on behalf of the Florida Retirement System and other funds, including the Lawton Chiles Endowment Fund, which manages the state’s tobacco settlement monies. The funds are run day-to-day by SBA staff and an executive director who serves at the pleasure of the SBA’s trustees – Gov. Scott, Chief Financial Officer Jeff Atwater and Attorney General Pam Bondi.

The pension fund and the Chiles fund own stock in hundreds of corporations. We now know, however, that includes stock in companies in which the governor’s blind trust is also heavily invested. One example is Argan. At the end of 2013, the SBA reported the state funds owned $260,000 in Argan shares.

Do Scott’s large investments in corporations whose shares are also owned by the pension plan and the Chiles fund create a conflict for him as SBA chair?

“The interests in question were acquired prior to (Scott’s) holding office. Interests such as these, residing in an office holder’s blind trust, do not create any conflict of interest,” spokesman Tupps said in an email.

The SEC generally considers beneficial ownership of more than five percent of a publicly traded company’s shares to be significant enough to report to the public. Persons who acquire such a large stake must promptly disclose, then file updates to reflect material sales or purchases. Insiders who own more than 10 percent of a company are subject to additional reporting rules.

SCOTT’S NET WORTH $83.8 MILLION

Gov. Scott reported a net worth of $83.8 million in June. His stock holdings sometimes amount to hundreds of thousands, even millions of shares – stakes large enough to trigger SEC public reporting requirements.

Reports filed at the SEC detail a number of large transactions involving stock beneficially owned by the governor, including shares of Argan and NTS.

The reports bear Scott’s electronic signature as the person who filed them.

Asked about that, the governor’s office said Scott didn’t personally file those reports, adding they were filed by an authorized trustee on his behalf.

SEC regulations, however, require insiders and large beneficial owners like Scott who use an authorized representative to disclose. Representatives are instructed by the SEC to use their typed signature and then indicate that they are signing on behalf of the person they represent. Authorizing documents, such as a power of attorney, must also be filed publicly with the SEC.

SEC reports about the Argan and NTS transactions are signed by one person, Scott. And a review of related SEC records filed by Scott and his blind trust trustee, Hollow Brook Wealth Management, found nothing that authorizes others to sign government forms or schedules on the governor’s behalf.

$10.8 MILLION IN ARGAN SALES IN JANUARY

As recently as seven weeks ago, an ownership report filed under the governor’s electronic signature reported the sale of another 350,000 Argan shares in seven transactions from January 10 to January 22. The reported price per share was between $30 and $30.45. The gross sales price: $10.8 million.

The report lists Hollow Brook Chief Executive Alan L. Bazaar only as a “person authorized to receive [SEC] notices and communications.”

Scott’s report does not identify the specific accounts, trusts or entities involved in those most recent sales of Argan shares. But a prior insider report about the December 2012 Argan sales show the Scott family has used a trio of entities to buy and sell the company’s shares – the blind trust, the F. Annette Scott Revocable Trust, named for Florida’s First Lady, and the Richard L. and F. Annette Scott Family Partnership.

Together, those three entities grossed $6.3 million selling Argan shares at that time, Scott reported.

The Scotts remain large stakeholders in Argan. In January, following the latest sales, the governor disclosed that he remains the beneficial owner of 965,255 Argan shares, or 6.8 percent of the company. At Wednesday’s closing price for Argan stock of $28.10 a share, that’s $27.1 million.

While the federal government deems Scott to be a beneficial owner of his wife of 41 years’ revocable trust and her share of the family partnership, Florida does not require him to report that ownership interest or place it in the blind trust. To protect him back home, Scott’s reports to the SEC about his beneficial ownership include a small print disclaimer that they should not be construed as an admission that he is actually a beneficial owner.

According to its literature, Argan’s primary business is designing and building power plants through its wholly owned subsidiary, Gemma Power Systems.

In the early 2000s, before Argan acquired it, Gemma constructed plants in Bartow, Arcadia and Wachula for Progress Energy and El Paso International. After 2005, Gemma let its registration to do business in Florida lapse for several years. Gemma reinstated its registration with the Division of Corporations in March 2011.

NTS, recently acquired by affiliates of a Connecticut private equity firm, does not do business in Florida. NTS boasts obtaining $100 million in federal stimulus funds to bring its internet access services to rural areas in Texas and Louisiana.

THE SCOTTS DOUBLE DOWN

Records show that on Nov. 2, 2011, the Scotts doubled their substantial NTS stake by taking advantage of an offering to existing shareholders to buy additional shares directly from the company at a discount to the market. The blind trust, the First Lady’s revocable trust and the family partnership paid $750,000 to acquire more than 2.5 million shares, Scott reported. The shares cost 30 cents each. Open market trades of NTS shares that day ranged from 40 to 41 cents a share.

Last month, the Scotts received $2 a share for each of the five million NTS shares they began accumulating in 2007. Profit: $2.5 million.

But the Scott’s NTS gains are eclipsed by profits from their investments in Argan.

In February 2011, about two months before the blind trust was created, Scott reported he was the beneficial owner of 1,673,000 Argan shares. Records show he’d acquired those shares, about 14 percent of the company, in a half dozen transactions by a limited liability company called Argan Investments since 2006.

In the fall of 2010, Argan Investments was dissolved and its holdings distributed to its members: the First Lady’s trust, the family trust and the Richard L. Scott Revocable Trust, which was later placed into the blind trust.

The Scotts paid $9.5 million for their Argan shares. In little more than a year they’ve sold less than half their stake for $17 million while retaining nearly a million shares worth many millions more.

SEC files contain public information about other stocks that were listed as assets in the governor’s blind trust in 2011.

MeetMe is a social networking company known as Quepasa Corp. when it was based in West Palm Beach. It was registered to do business in Florida from 2007 until last September.

MRS. SCOTT BUYS A MILLION SHARES AS 2013 LEGISLATURE CONVENES

The blind trust document valued the governor’s Quepasa investment at $1.4 million. That translated to about 167,000 shares at the time the trust was established.

While no subsequent reports were filed with the SEC regarding Scott’s MeetMe investment, the New York City investment firm Scott hired to manage his blind trust, Hollow Brook, reported holding 331,628 MeetMe shares at the end of 2012.

Hollow Brook has other clients and its report does not identify the owner or owners of those MeetMe shares. Still, MeetMe reported a few months later that in exchange for $2.75 million Richard L. Scott Investments had acquired one million MeetMe shares on the first day of the 2013 Legislative session.

Richard L. Scott Investments, now run by Ann Scott, changed its name this year to Columbia Collier Management. Among its other assets: the nine-passenger Cessna Citation business jet Gov. Scott uses to fly around Florida at his own expense, according to Federal Aviation Administration records.

Hollow Brook’s quarterly holdings report for the period ending Sept. 30, 2013 listed 1,331,628 MeetMe shares. By year end, however, Hollow Brook reported holding no MeetMe stock.

What happened to the MeetMe shares owned by the governor’s blind trust and Richard L. Scott Investments, now known as Columbia Collier? Were shares sold, transferred or otherwise disposed of?

SEC records don’t say. Scott’s office said the governor doesn’t know, and Hollow Brook Chief Executive Alan Bazaar declined to comment.

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