Monday, May 10, 2021

POLITICO Florida Playbook: Yet another lawsuit against a new law DeSantis signed — The looming Senate Democratic primary — Senate president says Miami Beach hotel won't get a casino

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

Hello and welcome to Monday.

Federal court here we come The post-session lawsuit count keeps on rising.

Cap imposed Late Friday afternoon, Gov. Ron DeSantis signed a bill into law that places a $3,000 limit on contributions to political committees that push citizen initiatives. It wasn't a surprise since DeSantis signaled a week ago that he would approve the measure boosted by the Florida Chamber of Commerce even though a string of court decisions has found campaign donations are protected under the First Amendment.

ACLU jumps in Over the weekend, the American Civil Liberties Union of Florida filed a lawsuit in federal court in Tallahassee challenging the bill signing. (The case got assigned to Judge Allen Winsor, the former appeals court judge and one-time solicitor general under then-Attorney General Pam Bondi.)

To the point The initial filing by the ACLU is straight-forward: It lays out step by step every restriction that lawmakers have placed on the citizen initiative process over the last few decades. It concludes that the new contribution cap limits free speech and that the state has shown no real state interest why the cap is needed. "Florida citizens' right to participate directly in our democracy is protected by the Constitution, and yet, the Legislature and governor have made it their mission to make it even more difficult for Floridians to enact change," said Nicholas Warren, staff attorney with the ACLU of Florida.

Lawyers, lawyers, lawyers We could get into the legal weeds here (can ACLU get standing, can it show injury…) but this marks yet another round of litigation in a session that just ended just a little more than a week ago. Lawsuits have been filed against the "anti-riot" bill as well as federal lawsuit challenging the additional restrictions on mail-in balloting and drop boxes that DeSantis signed into law last week. The legal battles are going to play out over the weeks and months ahead just as DeSantis touts his legislative victories on the campaign trail.

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

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CAMPAIGN MODE

LOOMING PRIMARY? — "Democrats agonize over should try to dethrone Rubio," by POLITICO's Gary Fineout: Democrats initially hoped that Rep. Stephanie Murphy, a moderate Democrat who fled Communist Vietnam as a child, would be the strongest challenger to the conservative Cuban American Republican in Florida's 2022 Senate race. The 42-year-old Murphy first won her seat by toppling 12-term incumbent GOP Rep. John Mica and has since won two more races in a highly competitive central Florida district. While Murphy ponders jumping into the Senate race, she may find her path blocked by Aramis Ayala, a former state attorney whose political career was aided by billionaire George Soros and who could be helped again by a network of liberal donors.

LONG-SHOT EFFORT? State Rep. Ben Diamond, who had been mulling a run for Congress now that Charlie Crist is running for governor, will make it official on Monday. The St. Petersburg Democrat sent out an email to House Democrats on Sunday afternoon where he said he was going to run for Congressional District 13. Diamond is holding a press conference in St. Petersburg to announce his plans.

Ripple effect This move means that House Democrats will have to pick a new leader to guide them as they head into the 2022 elections. "While this past session was certainly difficult, it was a privilege to be in the fight and serve alongside each of you," Diamond says in his email. The Florida Politics website first reported about Diamond's plans. Diamond said House Democratic co-leader Bobby DuBose will follow-up with House Democrats to set up a timeline to pick a new Democratic leader. The legislator selected will be put in charge of running House Democrats' campaigns after they are redrawn during the 2022 session. Rep. Ramon Alexander, D-Tallahassee, is said to be interested in the post.

GOP opportunity Republicans see Crist's decision to leave CD 13, which could get changed during redistricting, and mount a campaign against Gov. Ron DeSantis as a prime pickup opportunity. Crist defeated Republican Anna Paula Luna 53 percent to 47 percent, but Joe Biden's edge over Donald Trump in the district was narrower. Luna has already announced she is running again.

NEW POLL: GUN STANCES COULD COST RUBIO — A new poll shared with Playbook contends that resistance to bolstering gun background checks could cost Sen. Marco Rubio at the ballot box in 2022. Giffords, the gun violence prevention organization led by former Rep. Gabrielle Giffords, commissioned a poll by Global Strategy Group that found 86 percent of Floridians support H.R. 8, the Bipartisan Background Checks Act. The measure would expand when background checks are required, including when guns are sold at gun shows.

Even split now Pollsters who did an online survey of 605 Florida voters in early April found that right now Floridians are inclined to support Republican over Democratic candidates (49% vs. 45%) but that support jumps by 23 percent when told the Democratic candidate support background checks. That same poll — which has a margin of error of plus or minus four percent — also found that Floridians were just about evenly split (45% vs. 44%) whether to keep or replace Rubio. Former Rep. Debbie Mucarsel-Powell, a senior adviser for Giffords, said the poll should be a strong signal to Rubio: "If Marco Rubio is not going to listen to what the people in Florida desperately want and need, there can be serious political consequences for him. The Republican Party is failing to confront the crisis we have of gun violence."

Sen. Marco Rubio speaks during a confirmation hearing for United States Ambassador to the United Nations nominee Linda Thomas-Greenfield before the Senate Foreign Relations Committee on Capitol Hill, Wednesday, Jan. 27, 2021, in Washington.

Sen. Marco Rubio, R-Fla., speaks during a confirmation hearing for United States Ambassador to the United Nations nominee Linda Thomas-Greenfield before the Senate Foreign Relations Committee on Capitol Hill, Wednesday, Jan. 27, 2021, in Washington. (Michael Reynolds/Pool via AP) | Michael Reynolds/Pool via AP

FLORIDA, FLORIDA, FLORIDA — "Ron DeSantis is on a path to 2024. Democrats hope to head him off," by CNN's Dan Merica: "Florida Gov. Ron DeSantis has a clear pathway to running for president in 2024, emerging from the coronavirus pandemic as the most recognizable Republican governor in the country. But Democrats, hoping to reverse years of letdown in marquee races and mismanagement inside the state party, are eager to stop the Republican governor before he even gets to the starting line of a presidential bid, viewing the 2022 gubernatorial election in Florida as a chance to cut short the governor's surge. 'It is always easier to stop someone's rise sooner rather than later,' said David Turner, spokesman for the Democratic Governors Association. 'You don't lose your race for governor and then run for president.'"

THE ROAD AHEAD — "Charlie Crist glided to Democratic nomination for governor in 2014. This time it won't be easy," by Sun Sentinel's Anthony Man: "If politics were the movies, this week brought the premier of another sequel from a familiar film franchise — "Charlie Crist the Candidate: Part IX." As Crist makes another run for Florida governor, one question is whether he can still attract an audience? Or will the latest version turn into a box office flop?"

— "New redistricting group aims to use Florida to flip House," by Axios' Stef W. Knight:

— "Charlie Crist makes first swing through Miami after announcing run for governor," by Miami Herald's Samantha J. Gross

— "If Val Demings runs statewide, Bakari Burns will consider run for Congress," by Orlando Sentinel's Ryan Gillespie

... DATELINE TALLAHASSEE ...

THIS YEAR? — "Florida Senate President Wilton Simpson: Fontainebleau Resort will not get casino license this year," by CBS Miami's Jim DeFede: "After spending more than a million dollars in campaign contributions and hosting elaborate, star-studded fundraisers for Republicans on his mega yacht, Fontainebleau Resort owner Jeffrey Soffer will not be allowed to move his casino license to Miami Beach — at least for now. Florida Senate President Wilton Simpson closed the door on Soffer's dream of a casino at his storied hotel during an interview with CBS Miami. "We will not contemplate moving a casino license out to the Fontainebleau," Simpson said."

FALL RUSH IS HERE EARLY! — "Behind the scenes in FSU presidential search: Familiar faces emerge as possible contenders," by Tallahassee Democrat's Byron Dobson: "Now that the hanky has dropped, signaling the end of the 2021 legislative session, and restrictions imposed by a deadly coronavirus are easing, the focus for those closely associated with Florida State University now shifts to the next big reveal: Who will be named to succeed retiring President John Thrasher? Until now, insight as to the serious contenders has been limited to whispers, with a national search firm vetting candidates across the country."

On the list of contenders Included on the list of potential contenders listed in the article are Education Commissioner Richard Corcoran; Frank Brogan, former education commissioner, lieutenant governor and chancellor of the state university system; former Lt. Gov. Jeff Kottkamp; Marshall Criser, the current chancellor of the state university system; David Coburn, FSU vice president and current athletics director; and Sean Pittman, a lawyer and lobbyist who was once student body president at FSU.

 

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TRUMPLANDIA AND THE SWAMP

'A VERY ROUGH YEAR AND A HALF'— "Ex-Miami prosecutor who ran the U.S. Capitol riots probe loved by Barr, but then hits snag," by Miami Herald's Jay Weaver: "But just hours after the interview aired, [acting U.S. attorney for the District of Columbia Michael] Sherwin's star turn in Washington would come to a crashing finale as the Justice Department under the new Biden administration opened an internal probe of him for his appearance on the CBS News show and his comments about the massive investigation. Sherwin, who did not get permission to do the "60 Minutes" interview, had already given notice to leave the Justice Department days before it was broadcast on March 21."

Reflections — "While Sherwin said he could not talk about the Justice Department's investigation of him, he told the Miami Herald in a recent interview that his whirlwind tour of duty in the nation's capital took a heavy toll on his life. 'I had a very rough year and a half in D.C. — I was never home, I never saw my kids, I was sleeping in my office,' Sherwin, 49, told the Herald. 'I did my duty. I knew I couldn't leave after the 6th. I knew it was best for the department and hoped it would serve the country well,' he said."

— " Trump can stay at Mar-a-Lago legally – as a 'bona fide' employee, Palm Beach attorney says," by Sun Sentinel's Brooke Baitinger

— "Kushner plans 4 high-rise towers in downtown Fort Lauderdale," by Sun Sentinel's Susannah Bryan

— "' America First isn't going away': Gaetz and Greene strike defiant tone at tour kickoff," by POLITICO's Ben Leonard

CORONAVIRUS UPDATES

The daily rundown — Between Saturday and Sunday, the number of Florida coronavirus cases increased by 3,231 (0.1 percent) to 2,269,806; deaths of Florida residents rose by 31 to 35,731; there were 2,690 active hospitalizations on Sunday; 9,265,816 Floridians have received at least one dose of a vaccine.

— "A new mutation of the Brazilian COVID variant surfaces in Broward," by Sun Sentinel's Cindy Krischer Goodman

PENINSULA AND BEYOND

TICK, TICK, TICK — "N.C.A.A. chief, pressured by state laws, pushes to let athletes cash in," by New York Times' Alan Blinder: "The University of Miami has long been able to make a glossy pitch to the students it hopes will star on its sports teams: an exceptional athletic tradition, respected academics, South Florida's sun-kissed glamour. For months, though, coaches at Miami — and every other college in Florida — have had a new selling point: Play here and, thanks to a new state law, maybe make some money off your athletic fame."

The word you are looking for is capitalism "The changes together promise to reshape a multibillion-dollar industry and to test the N.C.A.A.'s generations-long assertions that student-athletes should be amateurs who play mainly for scholarships and that college sports appeal to fans partly because the players are not professionals. 'When I was playing college football, my priorities were girls, football and then school,' said Mark Richt, who led the football programs at Georgia and Miami before he retired from coaching in 2018. 'Now it's going to be money, girls, football, school.'"

READING LIST — "School halts use of fictional book in which a cop kills a Black child," by Sun Sentinel's Rafael Olmeda: "Fifth graders in at least one Broward County public school were assigned to read a book that critics say casts police officers as racist liars. Now, School Board members are looking into why the book was used in the first place and whether it should continue to be — at a time of racial reckoning across the country and continued conflicts between some police officers and people of color. The fictional book 'Ghost Boys,' by Jewell Parker Rhodes, tells the story of a Black 12-year-old Chicago boy with a toy weapon who was gunned down by a racist cop, who goes on to lie about the fatal encounter on the witness stand."

OPEN SEASON? — "Florida weighs allowing limited harvest of goliath grouper," by The Associated Press' Terry Spencer: "Florida may lift its three-decade ban on catching and killing goliath groupers, with wildlife officials saying the coastal fish's numbers have rebounded from when they were driven to near-extinction by overfishing and environmental damage. The Florida Fish and Wildlife Conservation Commission will consider on Wednesday a staff proposal to allow 100 goliaths to be caught and kept annually during a four-year period. Supported by fishing groups, the proposal calls for a lottery to issue $300-per-week licenses that allow each recipient to catch and kill one goliath, with proceeds funding research of the species."

NO GOOD DEED GOES UNPUNISHED — "Florida plans to kick sea turtle rescuers off the beach, calling them a threat to environment," by Sun Sentinel's David Fleshler: "The Florida wildlife commission has identified a new menace to the marine environment: Volunteers who protect sea turtle nests. For more than a decade, unpaid guardians have watched over sea turtle nests in Broward County, rescuing thousands of hatchlings led astray by artificial lights. Now the state wants to cut the number of volunteers as a step toward ejecting them completely from the beach. The state wildlife commission told three sea turtle rescue groups that their nighttime vigils are unnecessary and harmful, saying in a letter 'the increased human presence on the beach at night during nesting and hatching season in effect endangers the health and safety of marine life.'"

ODDS, ENDS, AND FLORIDA MEN

— "Hemingway Look-Alike contest returns to Florida Keys," by The Associated Press: "After skipping a year because of the coronavirus pandemic, the annual Hemingway Look-Alike Contest is set to return to the Florida Keys this summer. The 40th contest is scheduled for July 22-24 with a reduced entry field, organizer Donna Edwards said Friday. Hosted at Sloppy Joe's Bar, preliminary rounds on July 22 and 23 will feature 35 contestants each night, about half the number that usually enter, Edwards said. The final round on July 24 will have about 24 finalists. The bar also plans to stage its "Running of the Bulls," a spoof event featuring a parade of Ernest Hemingway look-alikes, some riding fake bulls on wheels."

BIRTHDAYS: Former U.S. Ambassador Mel Sembler is 90 … Stephen M. Ross, principal owner of the Miami Dolphins is 80 … Ryan Wiggins, communications director for The Lincoln Project … Herald-Tribune's Zac Anderson … The Associated Press' Bobby Caina Calvan (Was Sunday) Bill Herrle, NFIB executive director in Florida … (Was Saturday) Rep. Vern Buchanan is 70… The Ledger's Kimberly Moore

 

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