Wednesday, February 10, 2021

POLITICO Florida Playbook: Impeachment trial won't sway Rubio and Scott — More vaccines are finally coming — Stephen King's long journey to get a shot — GOP legislators question sea level rise forecast

Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Feb 10, 2021 View in browser
 
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By Gary Fineout

Good Wednesday morning.

The daily rundown — Between Monday and Tuesday, the number of Florida coronavirus cases increased by 7,023 (nearly 0.4 percent), to 1,790,743; active hospitalizations went down by 74 (nearly 1.4 percent), to 5,307; deaths rose by 233 (0.8 percent), to 28,048.

Locked Out — It doesn't matter how many videos House managers show of the tragic events of Jan. 6. Florida's two Republican senators will not change their minds about whether to convict former President Donald Trump. That was quickly self-evident when Sens. Marco Rubio and Rick Scott were two of the 11 senators who voted against the trial rules drawn by Democratic and GOP leaders.

Four Seasons in One Day — In the immediate aftermath of the deadly riots, Rubio did suggest that Trump bore some level of responsibility for what happened the day Congress was meeting to affirm the results of the 2020 election. But since then the senator has been steady in his criticism of impeachment and he did so again on the opening day of Trump's latest Senate trial.

World Where You Live And in an early morning video, Rubio maintained that Congress should be focused on the coronavirus pandemic that had "thrown this country upside down" instead of the impeachment trial. "We are going to spend a week focused on something that is not going to help," he said before contending that the criminal justice system should focus on the events of Jan. 6. (His campaign on Tuesday evening took a less nuanced position when it asked people for money by calling the trial "stupid, counterproductive and a joke.")

It's Only Natural — Scott, who voted against certifying electors from Pennsylvania even after the attacks on the Capitol, showed up at Tuesday's trial with a book. (He was not reading it during the proceedings and he brought it in case there were any breaks in the action.) But here's the twist: The book that Scott, a history buff, is reading is about the 1863 battle of Vicksburg… which happened to be one of the pivotal moments of the Civil War won by Union armies. (So, during a trial regarding an insurrection, he's reading a book about putting down an insurrection…)

Mean to Me Yet Scott then quipped on Twitter: "Day one of the impeachment trial (the sequel) and there seems to be a lot of interest in the book I'm reading. I'll tell you this — it is a lot more interesting, factual and informative than what we heard in the House managers' testimony today."

Now We're Getting Somewhere Look, the balancing act is clear for both as Trump still looms large over the Republican Party. Rubio is on a clear path for re-election, but he would invite a GOP challenger if he doesn't stand with the former president (despite all his subtle criticism of Trump over the years). Scott, now running the campaign arm of Senate Republicans, remains on a track that could make him a contender in 2024 (if Trump doesn't run himself). The next few days are unlikely to change any of that.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com

PROGRAMMING NOTE: Florida Playbook will not publish on Monday, Feb. 15. After the brief hiatus, we'll be back on our normal schedule on Tuesday, Feb 16. Please continue to follow POLITICO Florida.

 

JOIN TODAY – A PLAYBOOK INTERVIEW ON TRUMP'S SECOND IMPEACHMENT TRIAL: After weeks of tension following the January insurrection at the Capitol, all eyes are on the Senate as the second impeachment trial against former President Trump begins. Join Playbook co-author Rachael Bade for a discussion on the ins and outs of the historic proceedings with former Ambassador Norman Eisen, a senior fellow in Governance Studies at The Brookings Institution, and a former special counsel to the House Judiciary Committee. What arguments will Trump's lawyers and House impeachment managers use? Where will this leave things on Capitol Hill? REGISTER HERE.

 
 


TRUMPLANDIA AND THE SWAMP

THE CALCULUS — "Impeachment minefield awaits 2024 GOP field," by POLITICO's David Siders: Torn between demands of the GOP's pro-Trump base and traditionalists mortified by Trump's post-election behavior, senators like Ted Cruz, Josh Hawley, Marco Rubio and Tom Cotton will be forced to strike a balance. That means calibrating their defense of Trump for a primary electorate whose level of devotion to the former president three years from now remains unknown….Between the House and Senate, said Curt Anderson, a top adviser to Florida Sen. Rick Scott, another prospective 2024 candidate, about five percent of all GOPers are likely to vote to impeach Trump. "Anyone considering running for president will be in the other 95%," he wrote in an email. "Because this is unconstitutional, political theater, and the case is silly and flimsy."

TRIAL? WHAT TRIAL? — "Rubio, Scott at Trump impeachment trial — but are they paying attention?" by Palm Beach Post's Antonio Fins: "Former U.S. Sen. Claire McCaskill said the distracted members, including Florida's two senators, were most obvious about looking away while the House Managers prosecuting the case showed a video of the violence at the U.S. Capitol on Jan. 6. 'My friends inside the chamber have communicated to me that that is exactly what some of the Republicans were doing,' said McCaskill, a Democrat from Missouri. 'Marco Rubio tried to stay busy with papers. So did Rick Scott of Florida.'"

Sen. Marco Rubio arrives at the chamber to take taking an oath and vote on how to proceed on the impeachment against former President Donald Trump, at the Capitol in Washington, Tuesday, Jan. 26, 2021.

Sen. Marco Rubio, R-Fla., arrives at the chamber to take taking an oath and vote on how to proceed on the impeachment against former President Donald Trump, at the Capitol in Washington, Tuesday, Jan. 26, 2021. (AP Photo/J. Scott Applewhite) | AP Photo/J. Scott Applewhite

MEANWHILE IN PALM BEACH — "Meandering performance by defense lawyers enrages Trump," by New York Times' Maggie Haberman: "On the first day of his second impeachment trial, former President Donald J. Trump was mostly hidden from view on Tuesday at Mar-a-Lago, his private club in Palm Beach, Fla., moving from the new office that aides set up to his private quarters outside the main building. Mr. Trump was said to have meetings that were put on his calendar to coincide with his defense team's presentation and keep him occupied. But he still managed to catch his two lawyers, Bruce L. Castor Jr. and David I. Schoen, on television — and he did not like what he saw, according to two people briefed on his reaction."

WHAT'S ON THE TV? — "As impeachment trial starts, Lincoln Project is running ads Trump is sure to see while at Mar-a-Lago. He won't like them,' by Sun Sentinel's Anthony Man: "The anti-Trump Lincoln Project, which tormented the former president last year with its viral videos and TV ads, was back on the air Tuesday with an ad buy crafted so the former president is almost certain to see them on TV at his Mar-a-Lago resort home. The ads coincide with the start of the Senate trial of former President Donald Trump on charges of incitement of insurrection after a violent mob of his supporters invaded the U.S. Capitol on Jan. 6 in an unsuccessful attempt to block the counting of electoral votes that confirmed Joe Biden as the new president."

WINNING — "Can Trump live in Mar-a-Lago? Palm Beach leans yes," by New York Times Patricia Mazzei: "Now that he has been back for three weeks as a private citizen, Palm Beach has been forced to deal with a question it turned a blind eye to while [President Donald] Trump was in office: Is he allowed to reside full time at his private Mar-a-Lago club? The answer appears to be leaning yes. On Tuesday, as Mr. Trump's second impeachment trial began in the U.S. Senate, the Palm Beach Town Council met via Zoom to discuss if Mr. Trump was in violation of a 1993 agreement that allowed him to convert his Mar-a-Lago estate from a private residence into a moneymaking club."

Counterarguments "Lawyers for preservationists and some of his neighbors argued that the agreement required Mar-a-Lago to operate as a social club that no one could live in. 'This issue threatens to make Mar-a-Lago into a permanent beacon for his more rabid, lawless supporters,' Philip C. Johnston, a lawyer for the group called Preserve Palm Beach, said, referring to Mr. Trump. The town attorney, John C. Randolph, opined that nothing in the agreement specifically prohibited Mr. Trump from using the property as his residence — if, as the club's president, Mr. Trump is considered a Mar-a-Lago employee."

THE GOOD LIFE — "Ivanka Trump wants us to know she's having fun in Miami, damn it," by The Daily Beast's Alaina Demopoulos: "Unfortunately for anyone who is into holding these loathsome people accountable, the 'exclusive first photos of Ivanka Trump and Jared Kushner's new life' show them enjoying a seemingly-carefree existence in the sun. They play in the sand with their children while Ivanka wears an extremely unstylish, but very middle American ensemble: a straw hat and gauzy striped cover-up. She lounges on the beach reading a Mitch Albom book. Next to her is Jared, who looks at his phone with the confused gaze of a boomer dad who just discovered TikTok. If these images are as staged as they seem to be, one can presume the intended purpose is to communicate that the Kushners are still hard at work."

CORONAVIRUS UPDATES

EXPANSION — "Florida coronavirus vaccines to start at Walmart, Winn-Dixie, expand at Publix," by Tampa Bay Times' Sara DiNatale, Allison Ross and Langston Taylor: "Florida retailers are getting 65,300 additional doses of the Moderna COVID-19 vaccine this week as part of a new federal program to send vials directly to major pharmacies. Nearly 500 Walmart, Winn-Dixie and Publix pharmacies across 52 counties are participating in the federal program and will be able to offer vaccines to people 65 and older by later this week, Gov. Ron DeSantis announced Tuesday. The program marks a significant expansion in retail locations offering the vaccines to Florida's residents, providing more access to people in different parts of the state."

THE STAND — "Did you have trouble getting a COVID-19 vaccine in Florida? So did author Stephen King," by Sarasota Herald-Tribune's Wade Tatangelo and Jimmy Geurts: "One of Florida's famous residents has received a COVID-19 vaccine. But the celebrity author had to travel across two counties to get it. Stephen King, the renowned author of horror masterpieces such as 'It' and 'Carrie,' recently tweeted that he received the Moderna COVID-19 vaccine at a drive-thru facility in Pasco County on Florida's Gulf coast. Chances are, the 73-year-old traveled about 100 miles from the waterfront mansion he shares with his wife Tabitha on Casey Key to visit one of the appointment-only clinics in Pasco. 'I waited for a vaccination appointment, and patience was rewarded,' King wrote.

— "Sen. Annette Taddeo criticizes Gov. Ron DeSantis for not providing Miami-Dade its 'fair share' of COVID-19 vaccine," by CBS Miami

— "Publix's vaccine sign-up expands to 41 counties in Florida. But Broward and Miami-Dade aren't added yet," by Sun Sentinel's Lisa J. Huriash

— "Duval School's 'take off your mask' campaign causes ire among parents, teachers," by Florida Times-Union's Emily Bloch

 

TRACK THE FIRST 100 DAYS OF THE BIDEN ADMINISTRATION: President Biden's cabinet is getting confirmed, bringing change to agencies and departments across the Executive Branch. From the West Wing to Foggy Bottom, track the first 100 days of the Biden administration with Transition Playbook, our scoop-filled newsletter that chronicles the policies, people, and emerging power centers of the new administration. Subscribe today.

 
 


... DATELINE TALLAHASSEE ...

MUTED VOICE — "Lobbyist Richard Gentry named PSC chief counsel to represent Florida consumers," by Miami Herald's Mary Ellen Klas: Richard Gentry, a veteran lobbyist who last year represented a utility-backed nonprofit, was appointed Tuesday by legislators to be the chief lawyer representing consumers in utility rate cases before state regulators. The Joint Legislative Committee on Public Counsel Oversight unanimously named Gentry to the job, one of the most important but least appreciated in state government. There was no debate. Under state law, the Office of Public Counsel serves as the voice of consumers in electric, water and natural gas cases that relate to consumer finances. Gentry, 70, has spent four decades as a lobbyist representing developers, sugar producers, the parimutuel industry and the utility-backed nonprofit called Floridians for Government Accountability during the 2020 legislative session."

HOW HIGH'S THE WATER MAMA? — "GOP House members question sea level rise projections," by POLITICO's Bruce Ritchie: But state Rep. Rick Roth (R-West Palm Beach) questioned Department of Environmental Protection Secretary Noah Valenstein on why there are different numbers and ranges for sea level rise projections. Without offering any specifics, he also suggested that university researchers have a financial incentives to make more dire predictions. Roth said he is concerned that the state might "overplay our hand" and make everybody think "Florida is in real disastrous trouble in the next 10 years."

SPEAKING UP — "Florida lawmakers introduce several bills to address fair policing," by POLITICO's Giulia Heyward: Florida legislators are ringing in Black History Month with a raft of police reform legislation. State Rep. Bruce Antone (D-Orlando), and members of the Florida Legislative Black Caucus, announced several measures on Tuesday designed to bring greater oversight and transparency to law enforcement in direct response to the high-profile killings of George Floyd, Breonna Taylor, Ahmaud Arbery and others last year. "We have introduced, and are in the process of introducing, numerous bills that, if enacted into law, would create a database to track use of force incidents, and prevent officers who break the law, by using excessive force, from jumping from agency, to agency, and getting rehired," Rep. Fentrice Driskell (D-Tampa) said at a news conference.

SAFE DELIVERY? — "Baby boxes bill sparks debate," by News Service of Florida's Christine Sexton: "A proposal that would allow parents to place up to month-old newborns in so-called "baby boxes" instead of handing them over to firefighters, paramedics and emergency personnel cleared a Senate health-care panel on Tuesday. Despite the support for the measure (SB 122), Health and Human Services Appropriations Chairman Sen. Aaron Bean, R-Fernandina Beach, said a nearly hour-long discussion on the bill underscores that there's 'work to be done.'"

— " Federal order takes aim at retaliation against inmates in Florida prisons," by News Service of Florida's Jim Saunders

— "FL Dems renew calls for Medicaid expansion, letting voters decide," by Florida Phoenix's Laura Cassels

Bidenology

COMING SOON? — "Markenzy Lapointe, born in Haiti, is historic front-runner for U.S. attorney in Miami," by Miami Herald's Jay Weaver: "With sweeping turnover in the U.S. justice system under way in the new Biden administration, a Black lawyer has emerged as the leading candidate for the high-profile job of U.S. Attorney in Miami. If President Joe Biden nominates Markenzy Lapointe, 53, for the influential post, it would be a historic choice in one of the most dynamic federal prosecutor's offices in the nation."

DATELINE D.C.

FROM POLITICO INFLUENCE The Florida-centric law and lobbying firm Becker & Poliakoff has signed seven new clients, including the Broward County Sheriff's Office for "criminal justice funding and public safety issues," according to a disclosure. Conglomerate company 3M, which manufactures N95 face masks, has hired Becker's Bert Gómez, Omar Franco, a former chief of staff to Rep. Mario Diaz-Balart (R-Fla.) and Anthony Bedell, a former Transportation Department official, to lobby on issues relating to the Defense Production Act, which Biden invoked last month in an effort to ramp up the country's vaccine and mask supply.

TRAIL MIX

GETTING READY? — "Meet the Jewish Florida senator poised for statewide office," by Jewish Insider's Matthew Kassel : "In conversation with JI, [Lauren] Book emphasized that she is now preoccupied with the more immediate challenge of curbing the pandemic as well as running for reelection to another term in the Senate. But she didn't rule out the prospect. 'Any opportunity that I have to be a voice for those in my community, I will do it,' Book said. 'I'm focused on what that means for here and now, but going forward, obviously, my duty is to serve, and so I will do that in any capacity that I possibly can.'"

CUSTIN GOES TO COURT — "Political consultant sues Miami Beach over law banning him from post-election lobbying," by Miami Herald's Martin Vassolo: "A political consultant and lobbyist who has helped get candidates elected in Miami Beach — while working with private companies to score political victories — has sued the city over a 2017 ethics law banning campaign consultants from lobbying the commission for 12 months after their candidate is sworn into office. David Custin, who helped get former Mayor Philip Levine elected and most recently represented a towing company on the Beach, filed a lawsuit last month in Miami-Dade Circuit Court alleging the law violates his First Amendment rights."

PENINSULA AND BEYOND

'SOFT TARGET' — "Hack exposes vulnerability of cash-strapped US water plants," by Associated Press' Frank Bajak, Alan Suderman and Tamara Lush: "A hacker's botched attempt to poison the water supply of a small Florida city is raising alarms about just how vulnerable the nation's water systems may be to attacks by more sophisticated intruders. Treatment plants are typically cash-strapped, and lack the cybersecurity depth of the power grid and nuclear plants. A local sheriff's startling announcement Monday that the water supply of Oldsmar, population 15,000, was briefly in jeopardy last week exhibited uncharacteristic transparency. Suspicious incidents are rarely reported, and usually chalked up to mechanical or procedural errors, experts say."

A DIFFERENT WATER PROBLEM — "FPL workers shut down wrong pump at Turkey Point, then covered it up, NRC finds," by Miami Herald's Adriana Brasileiro: "Technicians at Florida Power and Light's Turkey Point nuclear power plant did maintenance on the wrong pump, causing it to briefly shut down, then falsified records to cover up the mistake. The July 2019 goof-up on the pump, which injects water into a nuclear reactor's cooling system, was described in an inspection report from the U.S. Nuclear Regulatory Commission released last week. It was a relatively minor error and did not affect the operation of the plant."

— " New mosquito species found in South Florida. It's an aggressive biter, of course," by Miami Herald's Adriana Brasileiro

— "Bucs will have boat parade in Tampa Wednesday to celebrate Super Bowl 55," by Tampa Bay Times' Rick Stroud, Josh Fiallo and Charlie Frago

— "At Disney characters union, lawsuit seeks to end takeover," by Associated Press' Mike Schneider

ODDS, ENDS, AND FLORIDA MEN

— "City orders La Placita restaurant to paint over its Puerto Rican flag mural – again," by Miami Herald's Carlos Frias: "From the moment a three-story mural of the Puerto Rican flag went up at a Miami restaurant two years ago, it was painted in controversy. Now the city of Miami has ordered the owners to paint over it — again. Despite a year-old agreement that the painting at La Placita Puerto Rican restaurant could stay, the city has slapped the business with a violation this week, threatening to take away the restaurant's license unless they paint over the mural."

BIRTHDAYS: Franco Ripple , director of communications for Agriculture Commissioner Nikki Fried … Jamie Wilson, VP government relations at Moffitt Cancer Center

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