Friday, May 7, 2021

POLITICO Florida Playbook: Can Florida's new voting law be blocked? — DeSantis' made-for-Fox moment — Corrine Brown conviction overturned — Cruise line may leave over vaccine passport ban

Presented by Secure Democracy: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
May 07, 2021 View in browser
 
Florida Playbook logo

By Gary Fineout

Presented by Secure Democracy

Hello and welcome to Friday.

Courtroom drama Let's put aside (for right now) Gov. Ron DeSantis' decision on Thursday to turn a bill signing into a made-for-TV moment for Fox News. The main question is this: Will federal courts step in and stop the state's new election law?

Consider yourself served Within moments of DeSantis signing the bill, which placed new restrictions on mail-in voting and drop boxes, into law, two lawsuits were filed by an array of voting rights and civil rights groups in Tallahassee federal court.

Anticipated This was not a surprise. In the final days of session, Pamela Burch Fort, a former legislative staff director who is an attorney representing the Florida State Conference of the NAACP and the ACLU, explained to Senate Democrats what they should say (and in some instances, not say) — and what they should ask about the looming election bills.

Florida's favorite judge The lawsuits basically contend the new restrictions adversely affect minority voters, elderly voters and disabled voters. One of the initial lawsuits was assigned to Chief Judge Mark Walker, who has castigated Florida for its election laws on multiple occasions and has ruled against the state several times. Walker famously said in a legal battle back in 2018 that the state was a "laughing stock" for its election problems.

Deux ex machina But Florida knows it has a fairly reliable backstop and that's the appeals court in Atlanta, which includes a number of judges appointed by former President Donald Trump, including two who used to sit on the Florida Supreme Court. It was that court — albeit in a split decision done where the two Florida judges refused to recuse themselves — that overturned a lower court ruling that had found Florida's felon voting law unconstitutional. It was this court that altered the rules for standing in election law cases. It was this same court that just yesterday — in an en banc ruling — that threw out former Rep. Corrine Brown's conviction on fraud and tax charges.

No quick resolution There are likely weeks, if not months, of legal wrangling ahead when it comes to the new election law. The absence of a major election in 2021 (although there is a congressional special election later this year) means it may not move rapidly. But in the end, the case may wind up in Atlanta before a skeptical panel of judges.

— WHERE'S RON? — Gov. DeSantis is scheduled to be in Austin, Texas, for a gathering of potential presidential contenders with donors and members of the Texas congressional delegation that also includes Sens. Rick Scott and Marco Rubio.

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

 

A message from Secure Democracy:

Year after year, Florida's trusted, experienced, and independent election administrators step up to manage our elections with professionalism, integrity, and an unwavering commitment to ensuring every vote is counted. Across our state, these public servants advocate for Floridians' freedom to vote. We owe them our gratitude. Please take a moment to add your name to the virtual thank-you card for Florida's dedicated elections administrators. Secure Democracy will proudly deliver the card on your behalf.

 


... DATELINE TALLAHASSEE ...

'IT WAS ON NATIONAL TV. IT WASN'T SECRET' — "DeSantis gives Fox 'exclusive' of him signing election bill," by POLITICO's Gary Fineout: Florida Gov. Ron DeSantis, continuing his ongoing feud with most of the "corporate media," on Thursday signed into law a contentious election bill during an event where only Fox News was allowed to observe. DeSantis's decision to sign the measure, which puts in restrictions on mail-in ballot collections and the use of drop boxes, was already well-known ahead of time. Over the last several days, the Republican governor publicly touted the measure, which the GOP-controlled Florida Legislature approved by a largely party line vote last week. Before DeSantis approved the legislation, his staff barred other reporters from attending the West Palm Beach event that also included some of the legislators who backed the bill as well as political supporters.

Gov. Ron DeSantis - April 30, 2021 close of legislative session

Gov. Ron DeSantis with state legislators after the end of the 2021 session of the Florida Legislature. | Gary Fineout, POLITICO

NOT OUR FAULT — "Fox News didn't ask for an exclusive on DeSantis bill signing, network says," by Tampa Bay Times' Steve Contorno: "But Fox never asked for the special treatment. In a statement to the Tampa Bay Times, the network said, 'FOX & Friends did not request or mandate that the May 6th event and interview with Gov. Ron DeSantis be exclusive to FOX News Media entities.' Later, the network clarified that its producers there weren't aware that DeSantis was going to sign the bill on camera. He was booked on Thursday for 'an interview and not as a live bill signing.'"

— "' State news': Nikki Fried blasts Ron DeSantis' relationship with Fox," by Florida Politics Jason Delgado

WILL IT BACKFIRE? — "Some Republicans worry voting limits will hurt the GOP, too," by The Associated Press' Christina A. Cassidy and Ryan J. Foley: "Any changes to mail voting in Florida is certain to affect older voters. 'Anything that makes it harder for people to cast their vote will have an oversized impact on seniors,' said Florida state Sen. Jeff Brandes, a Republican who voted against the bill. He noted that many older adults live in his Pinellas County district: 'I don't think many of them understand the broader implications of this legislation yet. I don't think many legislators understood it as it was going through the process.'"

— " DeSantis the divider? His conservative agenda is designed for campaigns and comes with lots of opposition," by Sun Sentinel's Anthony Man

PUT THE MONEY DOWN — "Casinos aren't coming to Orlando, Seminole Tribe insists, but sports betting could be everywhere," by Orlando Sentinel's Steven Lemongello: "Gambling casinos won't expand to Central Florida as part of a new $2.5 billion pact between the state and the Seminole Tribe, its leaders insist. But at the same time, gambling could soon be taking place everywhere in Florida, on anyone's smartphone. 'You could be sitting on your toilet anywhere in the state, and so long as the file server is [on tribal lands], you're betting 'on tribal lands,'' said John Sowinski, who heads the anti-gambling organization No Casinos, of the agreement's sports betting provisions. 'It's ridiculous.'"

— " No Casinos: We could talk Seminole Compact expansion if online gambling were dropped," by Florida Politics' Scott Powers

— "'Toughest legislative session': How Carlos Guillermo Smith used amendments to accomplish his agenda," by Florida Politics' Haley Brown

— "Tweets and emails helped kill a FL bill to place a cap on high potency medical marijuana for patients," by Florida Phoenix's Isaac Morgan

 

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DATELINE D.C.

JUDICIAL NOT DIVINE INTERVENTION — "Federal appeals court overturns conviction of former Rep. Corrine Brown," by POLITICO's Gary Fineout: A divided federal appeals court late Thursday overturned the conviction of former Rep. Corrine Brown, ruling that a judge was wrong to remove a juror in her trial who said the "Holy Spirit" told him Brown was not guilty. The 11th Circuit Court of Appeals in a 7-4 decision said that Brown, who was found guilty in 2017 on 18 felony counts connected to using a phony charity as a personal slush fund, deserved a new trial on the corruption charges.

Differing views Chief Judge William Pryor, writing for the majority, said the decision of a district judge to remove the juror after deliberations had already begun in the trial was wrong because there was no evidence that the juror had engaged in misconduct or would have ultimately held out against a conviction. "Corrine Brown was entitled to the unanimous verdict of a jury of ordinary citizens," Pryor wrote. "The removal of Juror No. 13—a juror who listened for God's guidance as he sat in judgment of Brown and deliberated over the evidence against her—deprived her of one."

Rebuttal Judge Charles Wilson, in a dissenting opinion, said the appeals court should not have overruled the district judge who talked directly to the juror before making the decision to remove him. "The majority casts the district court's decision as misconstruing religious expression while failing to safeguard the right to a unanimous jury verdict. On this record, I cannot agree," wrote Wilson.

Corrine Brown Nov. 2015

Then Rep. Corrine Brown outside the Florida Supreme Court in Nov. 2015 following a hearing on a congressional redistricting case | Gary Fineout POLITICO

AHEM — "Florida Democrats say they, not DeSantis, provided dollars for bonuses, relief," by Palm Beach Post's Antonio Fins and Wendy Rhodes: "Furious, if not frustrated, Florida congressional Democrats blasted Gov. Ron DeSantis for "brazenly" seeking credit for financial relief, such as $1,000 bonuses for first responders, that they said arrived courtesy of federal stimulus provided by the Biden administration and Democrats in spite of wholesale Republican opposition. In a conference call Thursday, a handful of Florida Democrats, including Congresswoman Lois Frankel of West Palm Beach, reminded the public that the nearly $10 billion in funds Florida state officials received from the American Rescue Plan was thanks to their partnership with the Biden White House."

SPEAKING OUT — "Rep. Al Lawson decries rodent-plagued conditions at HUD-supported Jacksonville apartments," by Florida Times-Union's David Bauerlein: "U.S. Rep. Al Lawson became the second member of Congress in a week to call out rodent-plagued, federally subsidized apartments in Jacksonville when he said Thursday residents of Hilltop Village Apartments should be relocated until exterminators can clear out infestations. 'It is inacceptable that young mothers who live in the units and are working to raise healthy children are forced to put their food in airtight containers so disease-carrying rodents cannot disrupt their child's development,' Lawson, D-Tallahassee, said in a statement. U.S. Sen. Marco Rubio took similar aim last week at two other apartments — Eastside Terrace Apartments and Eastside Gardens Apartments — that Rubio said suffer from unacceptably bad living conditions."

CAMPAIGN MODE

RAKING IT IN — Gov. Ron DeSantis shattered all previous fundraising totals for his political committee as he hauled in nearly $14 million during the month of April, according to information posted recently on the website of Friends of Ron DeSantis. The record-shattering amount was fueled by two large checks on the final day of the month and the session of the Florida Legislature: $2.8 million by the Republican Governors Association and a $5 million check from Chicago billionaire hedge fund manager Ken Griffin. DeSantis shut down his fundraising operations during the pandemic but he has accelerated his efforts since last October in advance of his 2022 re-election campaign.

— "Crist makes stop in Lake County on statewide tour: 'defeat DeSantis is the mission,'" by Daily Commercial's Sarah Oulman

— "Alcee Hastings II endorses Charlie Crist for governor," by Sun Sentinel's Anthony Man

 

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CORONAVIRUS UPDATES

DESANTIS CALL YOUR OFFICE — "DeSantis ban on vaccine proof may send one company's cruise ships out of Florida," by Miami Herald's Taylor Dolven: "If Florida won't allow Norwegian Cruise Line Holdings to require proof of COVID-19 vaccination for passengers and crew, the company's CEO says it will take its ships elsewhere. CEO Frank Del Rio made the threat during an earnings call Thursday, just days after Gov. Ron DeSantis signed a bill passed by the Republican-controlled state Legislature that bans businesses, schools and government entities in Florida from asking anyone to provide proof of a COVID-19 vaccination."

Anchors aweigh — "Norwegian Cruise Line Holdings is the world's third largest cruise company, parent to cruise brands Norwegian Cruise Line, Oceania Cruises and Regent Seven Seas. Miami-Dade County spent $263 million building a terminal for Norwegian at PortMiami that finished construction last year. 'At the end of the day, cruise ships have motors, propellers and rudders, and God forbid we can't operate in the state of Florida for whatever reason, then there are other states that we do operate from. And we can operate from the Caribbean for ships that otherwise would've gone to Florida,' Del Rio said."

— "Miami-Dade mayor to DeSantis: 'Don't stand in the way of the safe restart of cruising,'" by WPLG's Andrea Torres

UNWANTED — "Johnson & Johnson COVID vaccine going unused in Florida," by Sun Sentinel's Cindy Krischer Goodman: "Nearly two-thirds of the Johnson & Johnson vaccines in Florida remain unused as of Wednesday, showing an apparent lack of interest or trust in the one-dose shot in the wake of an investigation into rare blood clots. The J&J vaccine had generated substantial interest when it first arrived in Florida, but data released by Florida's Department of Health this week shows about 62% of the state's inventory remains unused."

— " Disney World, Universal Orlando drop COVID temperature checks," by USA Today's Jayme Deerwester

— "Florida courthouses ease some coronavirus restrictions," by The Associated Press

— " Texas backs Florida's bid to overturn CDC cruise ban," by Law 360's Joyce Hanson

Gaetz-gate

DEEP INTO THE WEED — "Matt Gaetz helped set off Florida's marijuana 'green rush.' Some of his friends, allies scored big," by Orlando Sentinel's Jason Garcia: "Less than 24 hours before the Florida Legislature passed the state's first medical marijuana law in May 2014, Matt Gaetz and other members of the state House of Representatives rewrote the bill to limit who would be able to get in on the ground floor of what has since become a billion-dollar business. A number of Gaetz's friends and allies managed to squeeze through that narrow door."

The list — "The brother of Gaetz's friend and fellow state Rep. Halsey Beshears, who co-founded one of Florida's first licensed marijuana companies and amassed a fortune currently valued at about $600 million — and became a major Republican Party donor. A Panhandle developer and client of Gaetz's law firm who invested in another of the state's first marijuana licensees and who, according to financial and court records, roughly tripled his money in two years."

And — "Ballard Partners, a prominent Tallahassee lobbying firm, which until recently employed former state Rep. Chris Dorworth, whom Gaetz once described as his legislative 'mentor.' The firm was given investment interests in at least three companies that eventually won marijuana licenses, and is now earning $160,000 a year in lobbying fees from a fourth."

 

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...HURRICANE HOLE...

GOOD QUESTION — "COVID, a border crisis, now hurricane season: Is FEMA ready?" by Spectrum News' Samantha Jo-Roth: "As thousands of workers with the Federal Emergency Management Agency respond to the COVID-19 pandemic and the border crisis, staffing is at record lows. That is leading to growing concerns the agency may be stretched too thin, ahead of what forecasters say is expected to be a very active Hurricane season. 'There's no time to recoup, it's constantly go-go-go,' said Steve Reaves, the president of American Federation of Government Employees National Local 4060, the union that represents FEMA employees."

TRUMPLANDIA AND THE SWAMP

NEW CHARGES — "Bannon partner in alleged border wall fundraising fraud scheme hit with new tax charges," by Washington Post's Matt Zapotsky: "An Air Force veteran who prosecutors allege worked with Stephen K. Bannon — President Donald Trump's former chief strategist — to defraud donors to a fundraising campaign for a U.S.-Mexico border wall has been indicted on new tax charges. Brian Kolfage, a conservative activist who lost three limbs in Iraq and was the founder and public face of the 'We Build the Wall' fundraising campaign, was charged in federal court in Florida with filing a false tax return."

PENINSULA AND BEYOND

CONVICTED — "GUILTY: Jury delivers verdict in Daniel Baker trial, Florida Capitol threats case," by Tallahassee Democrat's Karl Etters: "Daniel Baker was convicted Thursday of making threats to attack right-wing provocateurs he believed were destined to descend on Florida's Capitol building to take it over. After two days of trial in which the 33-year-old Army veteran testified on his own behalf, jurors deliberated for about four hours before returning two guilty verdicts on federal counts he used the internet to transmit two true threats to kidnap or injure."

A WORLD OF HOPES, A WORLD OF FEARS — " Anti-racism, tattoos and no more 'wench auctions': Disney's 'woke' moves spark a conservative backlash," by Washington Post's Hannah Sampson: "But these changes aren't taking place without pushback. Fans created a petition to 'save' Splash Mountain from the new theme. Disney-focused sites are full of users who decry what they see as a progressive agenda in the parks, and announcements about updates are typically greeted with threats of a boycott. People who vocally advocate for revisions are often subjected to abusive messages."

'I KNOW YOU'RE STRONGER THAN ME' — "'Want to arm wrestle?' Commissioner's remark to transgender woman ignites firestorm," by Sun Sentinel's Susannah Bryan: "It was a simple question that has sparked a firestorm: 'Do you want to arm wrestle?' That off-the-cuff remark from Fort Lauderdale Vice Mayor Heather Moraitis to a transgender woman has sent waves of outrage through the LGBTQ community, advocates say. Moraitis posed the question Tuesday night after Carvelle Estriplet, a political activist from Wilton Manors, called her out for not supporting transgender girls who want to compete on girls' sports teams."

Exchange — "On April 20, Moraitis cast the lone vote against a city resolution that slammed legislative bills aimed at the controversial transgender ban. State legislators approved the ban April 28, and Gov. Ron DeSantis has said he plans to sign it into law. After hearing Estriplet's criticism on Tuesday, Moraitis stood her ground and insisted that transwomen are indeed stronger than women who were born girls. 'I'm looking at your body,' she told Estriplet from the dais. "Do you want to stand next to me and see how different you look? Do you want to arm wrestle? I know you're stronger than me. I do believe men are biologically stronger.'"

 

A message from Secure Democracy:

It's time for Floridians to acknowledge the impressive role that our trusted, certified, and independent election administrators have in the preservation of our democracy.

Each season, these dedicated public servants manage our elections with professionalism, integrity, and an unwavering commitment to ensuring every vote is counted.

In 2020, despite the pandemic and other hurdles, voters showed up in record numbers to do their job. And our election administrators did theirs – verifying and counting every eligible ballot, just as they have in every previous election.

This legislative session, many of these same election administrators stepped forward to safeguard Floridians' freedom to vote and preserve Florida's reliable voting laws. We owe them our gratitude.

Please take a moment to add your name to the virtual thank-you card for Florida's dedicated elections administrators. Secure Democracy will proudly deliver the card on your behalf.

 


ODDS, ENDS, AND FLORIDA MEN

BIRTHDAYS: Rep. Ted Deutch … Rep. Matt Gaetz … former state Sen. Lisa Carlton

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