Wednesday, May 19, 2021

POLITICO Florida Playbook: DeSantis denied victory in CDC lawsuit — Farmer vs. Book: 'stench' vs. B.S. — Mast joins rebellion over mask rules, gets fined

Presented by No Casinos, Inc. : Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
May 19, 2021 View in browser
 
Florida Playbook logo

By Gary Fineout

Presented by No Casinos, Inc.

Hello and welcome to Wednesday.

Sailing Gov. Ron DeSantis for weeks has trumpeted Florida's lawsuit against the CDC in a bid to restart the state's shuttered cruise industry.

Mediation ordered Well, there's no victory yet in sight for the Republican governor. Late Tuesday, a federal judge declined to grant the preliminary injunction sought by attorneys for the state. Instead, U.S. District Judge Steven Merryday directed the two sides to try to settle the case, ordering that mediation occur between now and June 1.

Showdown — The ruling follows a lengthy hearing last week where attorneys for DeSantis and state Attorney General Ashley Moody asserted that federal officials had overstepped their authority by imposing rules on cruise liners. The federal government has questioned why Florida waited months to challenge the rules and contends the state lacks any standing to file its lawsuit. (Hmm, could it be that DeSantis didn't want to sue until it was no longer the Trump administration pushing these rules?)

Timing It's not unusual for judges to order mediation, but Merryday's order undercuts the push by DeSantis and Moody to get a federal judge to quickly block the CDC from enforcing its orders. There were signs that sailing could possibly resume by mid-July, meaning that the litigation may not do much to speed up that timeline. But the lawsuit — which has not been backed by any of the major cruise lines — has given DeSantis an opportunity to rail against the bureaucrats who imposed the orders.

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

HAPPENING TODAY: POLITICO Live is hosting The Recast's inaugural virtual event "Re-Defining Power in America" featuring:

Rep. Byron Donalds (R-Fla.), the third Black Republican elected to Congress from his state;

Malika Redmond, Co-Founder, President and CEO, Women Engaged and a Georgia-based political activist whose organizing helped shift the balance of power in the US Senate for Democrats by electing the state's first Black and first Jewish senators;

Sonal Shah , Founding President, Asian American Foundation, which was recently launched to address a longstanding lack of philanthropic investment in the Asian American and Pacific Islander community;

Lauren Williams, Cofounder, CEO, and Editor in Chief of Capital B, a first-of-its kind, local-national hybrid nonprofit news organization exclusively covering Black communities.

The Recast newsletter author Brakkton Booker will moderate the conversation.

Register to listen here: https://therecast519.splashthat.com/cms

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

A message from No Casinos, Inc.

The proposed compact is predicated on accepting something that is fictional, as fact. Because according to the Compact, someone placing a bet on their mobile device, anywhere in Florida, is actually gambling "on Tribal lands" if the computer server happens to be located at a tribal facility. Learn more.

 


... DATELINE TALLAHASSEE ...

SESSION COMING IN FOR A LANDING — "Gov. DeSantis' gambling deal with legal sports betting gets Senate approval," by Sun Sentinel's Skyler Swisher and Orlando Sentinel's Gray Rohrer: "Gov. Ron DeSantis' gambling deal with the Seminole Tribe of Florida is sailing through the Florida Legislature. The Florida Senate voted Tuesday 38-1 in favor of the gambling agreement, which will bring legal sports betting to Florida. The Seminole Tribe will control sports betting and get to offer craps and roulette at its casinos under the 30-year deal. Three new casinos could be built on the Hollywood reservation. In exchange, the Seminole Tribe would make annual payments of at least $500 million to the state. State Sen. Travis Hutson, R-St. Augustine, said all of the interests in Florida's complicated gambling landscape signed off on the deal."

STILL THERE'S TURBULENCE — "Gary Farmer says 'stench' surrounds actions of Florida Senate Democratic leader on gambling deal," by POLITICO's Gary Fineout: A long-running feud between two Broward County Democrats exploded once again into the open as Sen. Gary Farmer criticized fellow Sen. Lauren Book for sponsoring a change to state gambling law sought by lobbying clients of her father. It's yet another chapter of the saga between Farmer and Book (D-Plantation). Just last month, she replaced Farmer (D-Fort Lauderdale) as Senate Democratic leader after Democrats pushed to oust Farmer from the job.

Farmer's opinion — He amplified those remarks to reporters afterwards, calling Lauren Book's actions improper and that it had a "stench" surrounding it. "I think it was inappropriate for anyone to handle the amendment, but especially her," Farmer said. He added that "I think if someone else had done that amendment, it would at least take away some of that stench. Get used to it."

The Books blast back Lauren Book called his assertions "ridiculous" and said his criticism is linked to the "drama and bulls—" surrounding the recent decision by Senate Democrats to replace him with her. "It's clear that's what this is about," Book said… Ron Book went further than his daughter, accusing Farmer of "gutter politics." He contended that Farmer, an attorney with long-running ties to the group that represents trial attorneys, often sponsored measures that benefited trial attorneys and lobbied his colleagues about it. "This is more bad misogynistic behavior by Sen. Farmer," said Ron Book, referring to past dust-ups between Farmer and his daughter.

Lauren Book | AP Photo

AP Photo

THE NEW JOB EVERY LEGISLATOR WANTS — "Who's regulating Florida's new gambling landscape?" by Tampa Bay Times' Lawrence Mower: "The commission's five members will be appointed by Gov. Ron DeSantis to four-year terms at a $136,000 annual salary. Sen. Jeff Brandes, R-St. Petersburg, the only Republican in the Senate to vote against the gaming commission on Tuesday, said those positions will amount to political patronage. The positions will also be 'the best job in the state of Florida,' Brandes said during a debate on Monday. 'You're going to be able to get this job and actually not have to go after the 800-pound gorilla in the room, which is the tribe,' Brandes said. 'You're going to be sniffing around small counties looking for backroom card games — maybe.' Sen. Travis Hutson, R-Elkton, said the gaming commission was the most important bill lawmakers were considering aside from the compact itself."

Who in the Legislature pushed for this? What's interesting is that the initial version of the gaming commission bill prohibited sitting legislators (and those who had been in the office the previous two years) from being able to get one of the $136,000-a-year jobs on the commission. Then suddenly both the House and Senate removed this provision on Tuesday. The rationale was that lawmakers were making the gaming commission similar to the Public Service Commission. But there's behind-the-scenes buzz that the change was being done to accommodate a sitting legislator eager to leave in the near future.

— "Some Florida conservatives don't like gambling. Are they being heard?" by Tampa Bay Times Kirby Wilson:

— "Florida Legislature nearly ready to approve new gambling laws but legal challenges await," by Miami Herald's Mary Ellen Klas and Ana Ceballos

— "Fantasy sports bill dropped for special session," by Florida Politics' Renzo Downey

CORCORAN'S WORLD — "Florida fighting education 'indoctrination' in new proposed rule ," by POLITICO's Andrew Atterbury: On the heels of the nation's battle over culture-war issues, the Florida Department of Education is pushing for a new rule spelling out that teachers across the state are forbidden from expressing their personal views to "indoctrinate" students in the classroom. Education Commissioner Richard Corcoran touted the proposal at a recent speaking event, following proposals by Gov. Ron DeSantis and other GOP state leaders who are advocating against studies like "critical race theory" amid a larger fight between conservatives and liberals over what kids should be exposed to in public schools.

Gives speech in Michigan During his Hillsdale event, Corcoran explained that, through adopting new textbooks for Florida, he learned some critical race theory elements are tucked into lessons for student "social emotional learning." Florida intends remove any inkling of the study, he said. "The publishers are just infested with liberals," Corcoran said. "I didn't think to say, 'and keep all the crazy liberal stuff out.'"

— "Jane Castor pans Florida's transgender sports ban as 'senseless,'" by Bay News 9's Mitch Perry

 

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DATELINE D.C.

PUSHING BACK — "House Republicans stage rebellion over mask rules," by POLITICO's Melanie Zanona: A group of House Republicans revolted over their chamber's mask rules on Tuesday, the latest sign of tensions boiling over as Congress wrestles with how and when to return to pre-pandemic routines. Around a dozen Republicans refused to wear masks during the evening vote series and strategically stood at the well of the chamber, which appears on the C-SPAN cameras, and seemed to encourage other members to join in… Earlier in the day, Rep. Brian Mast of Florida stood up during a GOP conference meeting and told his colleagues that he's 'done' wearing masks and will refuse to wear them on the House floor going forward, even if it means being fined, according to multiple sources in the room.

Mast fined Late Tuesday night, Mast put out a statement that said he had been fined $500 by House Speaker Nancy Pelosi for violating the House mask rules. Mast blasted Pelosi, saying she was more interested in "power" than science. "The truth is, from this moment on, Americans must ignore lies and start to listen to scientists. The scientists at the CDC are telling us if you are fully vaccinated, you can go about your life without wearing a mask or physically distancing. So, that's what I'm doing," Mast said in a statement.

Rep. Brian Mast gives a Capitol tour to members of the National Guard on Jan. 13, 2021 in Washington, D.C.

Stephen Voss for Politico

CRITICAL APPOINTMENT — "Floridians urge Biden to pick former Congressman Robert Wexler as U.S. ambassador to Israel," by Sun Sentinel's Anthony Man : "From Tel Aviv to Washington, D.C., political insiders have been speculating for months who President Joe Biden would pick as U.S. ambassador to Israel — and the speculation has extended to Florida. The high-profile and sensitive post is even more important given the current heightened hostilities between Israel and the Palestinians. One possible pick for ambassador: former South Florida Congressman Robert Wexler, who was one of Israel's most prominent supporters during his time in the House. The political rumor mill floated the name of Wexler's successor, current South Florida Congressman Ted Deutch, who knocked down the idea in a statement Tuesday. He said he hopes an ambassador is appointed soon, and he's staying put."

LAWSUITS PILING UP — "Another legal challenge filed against new restrictions on voting my mail in Florida," by News Service of Florida's Jim Saunders: "Alleging discrimination against Black and Latino voters, a coalition of groups has filed a federal lawsuit challenging a new Florida election law that includes additional restrictions on voting by mail. The lawsuit filed Monday in U.S. district court in Tallahassee is at least the third challenge to the law, which was passed last month by the Legislature and signed by Gov. Ron DeSantis during an appearance on Fox News. The law (SB 90) was one of the most controversial issues of the 2021 legislative session and came after a relatively smooth 2020 election in Florida."

— "Rick Scott continues to plead with Donald Trump to stay out of Senate primaries," by Florida Politics' A.G. Gancarski

— "Gaetz, Moody spread election conspiracy. FDLE spends 706 hours proving it false," commentary by Orlando Sentinel's Scott Maxwell

— "Reps. Matt Gaetz, Marjorie Taylor Greene team with Andy Biggs, Paul Gosar to defend audit," by Arizona Republic's Ronald J. Hansen

 

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CORONAVIRUS UPDATES

The daily rundown — Between Monday and Tuesday, the number of Florida coronavirus cases increased by 2,805 to 2,296,785; active hospitalizations decreased by 100 (nearly 4.1 percent), to 2,343; death of Florida residents rose by 94 (nearly 0.3 percent), to 36,227; 9,671,213 Floridians have received at least one dose of a vaccine.

THE FINE PRINT — "Health care industry gets a pass on passports," by News Service of Florida's Christine Sexton: "Gov. Ron DeSantis pushed to block businesses from requiring customers to show proof of COVID-19 vaccinations, but legislation he recently signed included a carve-out for the health-care industry. The measure crafted by DeSantis' Republican legislative allies exempted hospitals, nursing homes, assisted living facilities, ambulatory surgical centers, physician offices and ambulance providers, among many other health care providers. Lobbyists for nursing homes, hospitals and physicians told The News Service of Florida they didn't request the exemption and that the Legislature acted on its own."

'BOUGHT INTO ALL THE CONSPIRACY THEORIES' — "GOP resistance may be slowing Florida vaccine campaign. 'We have to take this seriously,'" by Miami Herald's Lautaro Grinspan and Ben Conarck: "During a late April meeting of the Republican Party of Miami-Dade County, it dawned on party member Gustavo Garagorry, 54, that his stance in favor of COVID-19 vaccines was far from unanimous. 'At that meeting there were lots of people against the vaccine,' he said. 'They were saying, 'First, I'm not going to wear a mask. And I'm not getting vaccinated, either. It doesn't do any good.' Garagorry described his reaction that day as one of dismay rather than surprise. As president of the Venezuelan American Republican Club of Miami-Dade, the Doral resident is active in local Republican circles. For weeks, he'd noticed firsthand how misinformation about the vaccine was taking hold among many fellow conservatives."

'HIS OFFICE DID NOT ANSWER SEVERAL REQUESTS FOR COMMENT' — "State pays $66 million for COVID program governor declares ineffective," by NBC 6's Tony Pipitone: "But despite the governor's assessment that contact tracing doesn't work, the state has paid more than $66 million to Maximus, the Virginia company running the effort in Florida. More than $13.6 million of it was spent after DeSantis' comments. Why spend tens of millions on something the governor believes is ineffective? His office did not answer several requests for comment that could shed light on that. But his own health department continues to do contact tracing in South Florida, including in Miami Beach, where the 'Race to Trace' program keeps tabs on infections at 70 hotels, restaurants and other hospitality sites."

CLEARED AWAY — "COVID rule-breakers begin seeing their court cases dropped in Florida," by Sun Sentinel's Rafael Olmeda: "People who violated mask mandates and other COVID-related restrictions are starting to have their criminal charges dropped this week, just days after Florida Gov. Ron DeSantis promised to pardon anyone who faced fines and jail time. Broward State Attorney Harold Pryor said he's asking judges to vacate sentences against anyone accused of violating executive orders designed to stop the spread of COVID-19. Nearly 150 Broward residents were cited for violations between March and November 2020. Prosecutors declined to press charges in more than a third of those cases, and later dismissed charges in others."

— "'Masks are child abuse.' Crowd protests Broward schools COVID policy," by Sun Sentinel's Scott Travis

— "Past due renters can now get money through the state of Florida," by Sun Sentinel's Ron Hurtibise

 

JOIN TODAY - "THE RECAST" LIVE CONVERSATION: Earlier this year, we launched "The Recast" newsletter breaking down the changing power dynamics in America and how race and identity shape politics, policy and power. We are recasting how we report on this crucial intersection by bringing you fresh insights, scoops, dispatches from across the country and new voices that challenge "business as usual." Join Brakkton Booker, "The Recast" newsletter author and national political correspondent at POLITICO, for a live conversation with Rep. Byron Donalds (R-Fla.); Malika Redmond, co-founder, president and CEO of Women Engaged; Sonal Shah, founding president, The Asian American Foundation; and Lauren Williams, co-founder, CEO and editor in chief of Capital B, about redefining power in America. REGISTER HERE.

 
 


PENINSULA AND BEYOND

MUCK — "DeSantis: Army Corps 'must do better' to prevent Lake O discharges to St. Lucie River," by Treasure Coast Newspapers Max Chesnes: " As the threat of blue-green algae looms on Lake Okeechobee, Gov. Ron DeSantis and U.S. Rep. Brian Mast are lobbing pressure at the U.S. Army Corps of Engineers, tasked with determining when, where and how much lake water is sent east and west to coastal estuaries. In a letter sent Monday to Corps leadership in Washington D.C., DeSantis told the agency it "must do better" to manage the lake and prevent releases carrying potentially toxic cyanobacteria to the Caloosahatchee and St. Lucie Rivers. Mast, known to speak outwardly against the federal agency, Tuesday urged President Biden to intervene in the mounting environmental mess by directing top Corps leadership to visit South Florida and "address the situation personally."

— "Toll wars in Miami-Dade: County fills seats on MDX board that state says doesn't exist," by Miami Herald's Douglas Hanks

A message from No Casinos, Inc.

Florida voters overwhelmingly approved the Voter Control of Gambling Amendment in 2018. Now, gambling lobbyists are trying to convince your legislators to break the law, pass the largest gambling expansion in the state, and ignore your right to vote. In 2018, 72% of Florida Voters Approved Amendment 3, which says "…Florida voters shall have the exclusive right to decide whether to authorize casino gambling in the State of Florida." That means new gambling in Florida can only be authorized by a statewide vote of the people. But gambling interests want our elected officials to approve this proposed compact without voter approval. That's not just wrong, it's unconstitutional. Learn more.

 


ODDS, ENDS, AND FLORIDA MEN

— "Zachary Wester guilty on 19 charges, acquitted of 48 others in drug planting case," by Tallahassee Democrat's Jeff Burlew: "Nearly three years after former North Florida deputy Zachary Wester first faced suspicions that he secretly planted drugs on innocent motorists, jurors convicted him on numerous charges in the crooked cop case. A six-person jury on Tuesday split its decision, finding Wester guilty on 19 counts involving three of his alleged victims and not guilty on 48 other counts involving the other nine victims. The jury announced its decision after deliberating more than seven hours Monday and Tuesday. In all, Wester was convicted on charges of racketeering, official misconduct, fabricating evidence, false imprisonment and possession of controlled substances and drug paraphernalia."

BIRTHDAYS: Rep. Greg Steube … State Sen. Kathleen PassidomoCynthia Barnett, journalist and author … Dana Kelly, public information officer for the Florida Department of Law Enforcement

Want to make an impact? POLITICO Florida has a variety of solutions available for partners looking to reach and activate the most influential people in the Sunshine State. Have a petition you want signed? A cause you're promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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