| | | | | |  | | By Gary Fineout | Presented by Facebook | Hello and welcome to Friday. Finally, a decision — A long-running battle over Florida's medical marijuana law was finally resolved by the Florida Supreme Court — and guess what? The Legislature and the state won. Smoked out — There are plenty of ramifications for what the Thursday decision means to the budding medical marijuana industry. State Sen. Jeff Brandes told POLITICO's Matt Dixon called it a "terrible decision" that "props up a cartel system" set up by his fellow Republican legislators. Bowing — But there are others who see it in a much different light: Instead it just reinforces the idea that the state Supreme Court — after it was overhauled by a series of appointments by Gov. Ron DeSantis — is prepared to give great deference to the Florida Legislature. The court even spells it out in the text of the ruling, citing a 1931 decision that courts lack authority to step in unless legislation is "contrary" to a "prohibition" found in the state constitution. Going forward — This ruling is not a complete surprise since it reinforces a chain of decisions handed out since 2019 that put that sentiment into play. And for political observers, why is that important? Because of redistricting. Setting the stage — Florida's Republican-controlled Legislature over the next year will redraw the lines for congressional and legislative districts. The state is picking up a congressional seat and the details of the process could greatly assist the GOP's push to retake the U.S. House. The last go-round was upended by the state Supreme Court as justices and judges concluded that lawmakers did not follow the intent of the "Fair Districts" constitutional amendments that put in standards designed to avoid political gerrymandering. Next time around — But after watching the DeSantis court in action — and its deference to the will of the Legislature — several political consultants and observers have privately told Playbook that they don't expect the state Supreme Court to enforce "Fair Districts" in the same fashion. After all, it was current Chief Justice Charles Canady who wrote a scathing dissent in a key redistricting decision where he contended the majority at the time supplanted the "substantive constitutional power" of the Legislature and did not properly exercise judicial restraint. That may be all you need to know about the run up to the 2022 elections. — WHERE'S RON? — Nothing official scheduled for Gov. DeSantis. PROGRAMMING NOTE: Florida Playbook will not publish on Monday, May 31. We'll be back on our normal schedule on Tuesday, June 1. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com | | A message from Facebook: The internet has changed a lot since 1996 - internet regulations should too
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|  | ... DATELINE TALLAHASSEE ... | | IF IT'S THURSDAY, THERE'S ANOTHER LAWSUIT — "Tech groups sue DeSantis over social media bill," by POLITICO's Matt Dixon: Two technology groups on Thursday filed a lawsuit in Tallahassee federal court challenging a controversial bill that Gov. Ron DeSantis said is aimed at cracking down on social media censorship — but opponents argue is an unconstitutional infringement on free speech. NetChoice and the Computer and Communications Industry Association filed suit against Florida Attorney General Ashley Moody and several other state officials over the anti-Big Tech bill, which DeSantis signed into law on Monday. It was among the most contentious measures of the recently-concluded legislative session. "Americans everywhere should oppose Florida's attempt to run roughshod over the First Amendment rights of private online businesses," said Carl Szabo, vice president and general counsel of NetChoice. IN THE WEEDS — "Florida Supreme Court upholds medical marijuana law," by News Service of Florida's Dara Kam: "Siding with the state in a closely watched case that has kept the cannabis industry in limbo, the Florida Supreme Court on Thursday upheld a 2017 law designed to carry out a constitutional amendment that broadly legalized medical marijuana. The court's 42-page ruling came in a drawn-out legal battle launched by Tampa-based Florigrown LLC, which, in part, challenged the state's system of requiring licensed medical marijuana operators to handle all aspects of the cannabis business, including, growing, processing, distributing and selling." OFF RAMP — "Noah Valenstein stepping down as head of Florida's Department of Environmental Protection," by POLITICO's Bruce Ritchie: Department of Environmental Protection Secretary Noah Valenstein is stepping down but likely will remain involved in environmental issues, a department spokesperson said Thursday. Valenstein, who was appointed DEP secretary by Gov. Ron DeSantis after serving in the role for a portion of Gov. Rick Scott's second term, is resigning effective June 4. He gave no reason for his resignation in a letter to DeSantis dated May 8 or said what his next career move will be. "I look forward to continuing to serve in the environmental community and am excited to see the next steps as this environmental movement continues!" Valenstein said. DEP provided a copy of the letter on Thursday. BECAUSE WE CAN — "Home rule fight: Florida Legislature chips away at powers of your city and county leaders," by Florida Today's Dave Berman: "With the Florida Legislature's regular session over, the state's counties, cities and towns have found themselves in a familiar situation. Lawmakers in the Florida Senate and House this year continued to chip away at the power of local governments to control everything from home-based businesses to cruise ships. 'There was a lot of disappointment this session,' said Cragin Mosteller, director of external affairs for the Florida Association of Counties, in discussing the home rule issue. 'I felt that this year was a lot of mosquito bites.'" HMMM — "DeSantis gave $103.4 million in no-bid contracts to Sunrise's MedPro, accused of 'trafficking' foreign nurses, to staff vaccine sites," by Florida Bulldog's Daniel Ducassi: "The administration of Florida Gov. Ron DeSantis has given more than $100 million in no-bid, COVID-19 related contracts to a healthcare staffing company accused in court of profiting from the 'forced labor' of foreign workers under a system of 'indentured servitude.' State contracting records show the governor's office entered into four contracts worth a total of $103.4 million with Management Health Systems, based in Sunrise. Payments began as early as August 2020, and a state transparency website reveals nearly $47 million in payments from the Florida Division of Emergency Management, which state law houses within the governor's office." — "U.S. Rep. Castor calls on DeSantis to veto 'dirty energy bill' that blocks local efforts to slow climate change," by Florida Phoenix's Laura Cassels | | | | SUBSCRIBE TO "THE RECAST" TODAY: Power is shifting in Washington and in communities across the country. More people are demanding a seat at the table, insisting that politics is personal and not all policy is equitable. The Recast is a twice-weekly newsletter that explores the changing power dynamics in Washington and breaks down how race and identity are recasting politics and policy in America. Get fresh insights, scoops and dispatches on this crucial intersection from across the country and hear critical new voices that challenge business as usual. Don't miss out, SUBSCRIBE . Thank you to our sponsor, Intel. | | | | |
| | CAMPAIGN MODE | | WHAT WE DO IN THE SHADOWS — "Artiles' lawyer files motion to hold back 'voluminous' records ahead of court date," by Miami Herald's Samantha J. Gross and Ana Ceballos: "Former state Sen. Frank Artiles' defense team is asking a Miami District Court judge to hold back releasing a 'voluminous' amount of potential evidence — including cellphone records, photographs, emails and other documentation — to the public because it would interfere with Artiles' right to a fair trial and 'infringe on the privacy rights of nonparties.' The request comes ahead of a status check-in with the court on Tuesday in preparation for a high-profile public corruption case centering on allegations that Artiles recruited and paid a no-party candidate, Alexis Pedro Rodriguez, to sway the outcome of a Miami-Dade state Senate race." | 
Former State Sen. Frank Artiles | AP Photo | RIPPLES — "Democrats candidates in Florida jockey for 2022 races ahead of GOP-controlled redistricting," by Orlando Sentinel's Gray Rohrer: "The political cost to Democrats could be great. Republicans hold a 16-10 edge over Democrats in Florida's U.S. House delegation, and with an even more GOP-friendly map and an additional congressional district as a result of the U.S. Census they could help flip the U.S. House, where Democrats hold a thin 219-211 advantage. Republican groups are already readying a push to redraw districts to favor the GOP. Carlos Trujillo, a Miami Republican and former state lawmaker who served on redistricting committees and later served in the Trump administration, is heading up Democracy Now, a conservative nonprofit aimed at educating lawmakers on the process." WHEN YOU ASSUME… — "Top Republicans think GOP can win in Puerto Rico," by Washington Examiner's David M. Drucker: "Sen. Rick Scott believes Puerto Rico will achieve statehood — and the Florida Republican rejects arguments by some in his party that the Caribbean island territory would elect Democrats to Congress in perpetuity. 'I believe Puerto Rico eventually will be a state,' Scott told reporters Thursday morning during a joint interview with fellow Florida Republican Sen. Marco Rubio. Scott, chairman of the National Republican Senatorial Committee, travels to Puerto Rico often and assiduously courted island transplants in Florida in his three statewide campaigns, for governor in 2010 and 2014 and the Senate in 2018. Democrats in Congress are pushing for statehood, and most Republicans are opposed." Rubio weighs in — "Rubio added that assumptions that the Democratic Party would benefit from Puerto Rico becoming a state are flat-out wrong. 'It betrays a fundamental lack of understanding about politics inside of Puerto Rico on the island and those who come to the mainland,' said Florida's senior senator, who is up for reelection in 2022. 'A lot of how people vote in the future depends on what you stand for and do in the future.'" | | | |   | | |
| | CORONAVIRUS UPDATES | | The daily rundown — Between Wednesday and Thursday, the number of Florida coronavirus cases increased by 2,338 (0.1 percent), to 2,318,480; active hospitalizations increased by 16 (0.7 percent), to 2,075; deaths of Florida residents rose by 86 (0.2 percent), to 36,733; 10,169,597 Floridians have received at least one dose of a vaccine. 'THIS IS A LANDLORD STATE' — "Locked out: Not even COVID could end Florida leaders' long record of snubbing pro-renter bills," by Orlando Sentinel's Caroline Glenn: "During the two-month Florida legislative session that wrapped up April 30, the lone pro-tenant bill that got a hearing was filed by a Republican but also ultimately failed. It would have given tenants a way to seal certain eviction records. Other bills that would let Floridians evicted during the pandemic seal their records weren't even debated, despite more than 57,000 eviction cases filed in Florida from March 2020 to mid-December." — " State-run vaccine sites are shutting down in June. Miami-Dade may keep some locations open," by Miami Herald's Michelle Marchante | | Gaetz-gate | | MEANWHILE IN GEORGIA — "Gaetz: Second amendment about waging 'armed rebellion' if necessary," by New York Post's Samuel Chamberlain: "Rep. Matt Gaetz (R-Fla.) told an audience in Georgia Thursday that the purpose of the Second Amendment is to 'maintain an armed rebellion against the government if that becomes necessary.' 'We have a Second Amendment in this country, and I think we have an obligation to use it,' Gaetz said at a rally with Rep. Marjorie Taylor Greene (R-Ga.) in Dalton, located in Greene's home district. 'The Second Amendment — this is a little history lesson for all the fake news media. The Second Amendment is not about, it's not about hunting, it's not about recreation, it's not about sports,' the 39-year-old went on. 'The Second Amendment is about maintaining, within the citizenry, the ability to maintain an armed rebellion against the government if that becomes necessary. I hope it never does, but it sure is important to recognize the founding principles of this nation, and to make sure that they are fully understood.'" — "Rep. Matt Gaetz, fiancé claim money for St. Pete yacht deal 'went missing,'" by WFLA's Walt Buteau | | | | Did you know that POLITICO Pro has coverage and tools at the state level? All the state legislative and regulatory tracking, budget documents, state agency contact information, and everything else you need to stay ahead of state policy movement integrate into our smart and customizable platform. Learn more and become a Pro today. | | | | |
| | Bidenology | | A DIFFERENT DIRECTION — "Biden won't nominate former South Florida Congressman Robert Wexler as ambassador to Israel, reports say," by Sun Sentinel's Anthony Man: "An effort to convince President Joe Biden to pick former U.S. Rep. Robert Wexler as U.S. ambassador to Israel apparently has failed. News reports from Washington said Biden has finalized a list of several ambassadorships. The administration has been leaking the names to media outlets, and several including the Associated Press, New York Times, Wall Street Journal, NBC News and Axios, were reporting late Wednesday and early Thursday that the president has selected Thomas Nides as the next ambassador to Israel." TRAVEL AGENT — "Sen. Rick Scott seeking to block DHS nominees until Biden visits Southern border," by Fox News' Caitlin McFall: "Florida Republican Sen. Rick Scott announced Thursday he will slow up all Homeland Security nominations until President Biden makes a trip to the southern border. In a committee hearing, Scott said his decision was not a reflection of their qualifications but a show of protest to the White House's refusal to refer to the surge of migrants at the U.S.-Mexico border as a 'crisis.' 'Until the president goes to the border, I'm going to hold the nominations, hopefully with the goal that the president will go see what's going on at the border and hopefully take more action,' the Florida Republican told the nominees." FINALISTS, SORT OF — "Who made the final cut for Miami federal judge seats and U.S. attorney? The list is out," by Miami Herald's Jay Weaver: "Six candidates — a federal public defender, a U.S. magistrate judge, a local attorney and three judges — have made the final cut to be considered by President Joe Biden for two federal judge openings in South Florida. A newly formed congressional nominating commission chose the six finalists after interviewing 17 applicants earlier this week. The House commission has recommended: Federal Public Defender Michael Caruso, U.S. Magistrate Judge Shaniek Maynard, Miami lawyer Detra Shaw-Wilder, Miami-Dade Circuit Judge Miguel de la O, Palm Beach Circuit Judge Samantha Feuer, and Miami-Dade County Judge Ayana Harris." But… — "It remains to be seen which candidates will be nominated by Biden because Sen. Marco Rubio has appointed a separate commission to select finalists for the president. Rubio's office announced last week that it is accepting applications for the two federal judge openings, the U.S. Attorney's job and the U.S. Marshal's position in South Florida." | | ...HURRICANE HOLE... | | THE MEAN SEASON — "Hurricane 2021: Florida may not be spared this storm season," by Tampa Bay Times' Josh Fiallo: "Florida escaped the record-breaking 2020 storm season without a single hurricane making landfall along its 1,350 miles of coastline. That luck has some scientists particularly worried about the 2021 season, however. Though it's expected to be a far cry from the record 30 named storms that formed last year, Colorado State University predicts there will be 17 named storms, eight hurricanes and four major hurricanes in 2021. Lead hurricane researcher Philip Klotzbach fears some Floridians won't prepare as usual for this year's storms after dodging so many in 2020." | | PENINSULA AND BEYOND | | RECORDED — "'Welcoming committee': Leaked video shows officers beating handcuffed Florida prisoner," by Miami Herald's Ben Conarck: "By the time he is finished with his transfer to Charlotte Correctional Institution 10 minutes later, Hernandez will be bleeding from fresh wounds on his head, barely able to stand or walk. The prisoner had run into what officers call 'the welcoming committee.' He'd been punched repeatedly, slammed onto the pavement, and gang-tackled into the corner of a cell, leaving a smear of blood on the wall, all while defenseless — restrained in leg shackles and handcuffs, including a 'black box' device securing his wrists to his midsection. The encounter is captured in an official prison video recording — which was provided by sources to the Miami Herald." — "UM law school vice dean resigns in protest over law school dean firing; faculty objects," by Miami Herald's Jimena Tavel — "Jacksonville City Council approves doubling local gas tax on 14-5 vote," by Florida Times-Union David Bauerlein — "Universal increases starting pay to $15 an hour, first major Orlando theme park to do so," by Orlando Sentinel's Gabrielle Russon — "State attorney: Aiden Fucci stabbed Tristyn Bailey 114 times, faces first-degree murder charge ," by St. Augustine Record's Sheldon Gardner and Colleen Michele Jones | | A message from Facebook: Why Facebook supports updated internet regulations
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| | ODDS, ENDS, AND FLORIDA MEN | | — "Tate yearbook editor barred from graduation over altered photo of expelled homecoming queen," by Pensacola News Journal's Madison Arnold: "The editor of Tate High School's yearbook says she was unfairly disciplined — and barred from her upcoming graduation ceremony — for altering the yearbook to remove images of the now-expelled homecoming queen who is accused of rigging the election. Samantha Guerrier, 18, says she was instructed by school administrators in November to remove any photos of Emily Grover from the yearbook. Grover made national headlines after she and her mother were arrested for allegedly hacking into the student data system to cast fake votes to secure the crown for Grover." BIRTHDAYS: Sen. Marco Rubio is 5-0 … Former state Rep. Mel Ponder … Craig Waters, communications director for the Supreme Court of Florida
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