| | | | | |  | | By Gary Fineout | Presented by USA-IT | Hello and welcome to Tuesday. Major court decision — The National Rifle Association's three-plus-year-long bid to undo a law passed shortly after the Parkland massacre has failed. Gun law upheld — Last week, the state of Florida — led by lawyers for Attorney General Ashley Moody — prevailed in their defense of the Marjory Stoneman Douglas Act that was passed shortly after 17 people were killed at the South Florida high school. The shooter, Nikolas Cruz, was able to legally purchase an AR-15. Chief District Judge Mark Walker, in a 48-page ruling, rejected the NRA's lawsuit that challenged the part of the state law that banned the sale of firearms to anyone under 21. Important — This is a big deal because the law was passed by the Republican-controlled Legislature and supported by then-Gov. Rick Scott and marked the first time in decades that the state had passed any type of significant restriction on guns. It's worth nothing that Moody — as well as Gov. Ron DeSantis — did not agree with this part of the law while they were campaigning for office. But Florida continued to defend it even after they both took office. (Neither office noted the legal victory, which was reported by Courthouse News Service last week but has not gotten widespread attention.) Caveats — Walker's ruling was not a slam dunk for Florida. Instead the judge said the case "falls squarely in the middle of a constitutional no man's land." Walker said that precedent from previous cases handed down by the 11th Circuit Court of Appeals means that the Second Amendment does not "protect the sale of firearms to 18-to-20 year olds." From the ruling — "After Florida suffered one of the worst school shootings in our nation's history, its Legislature faced a colossal challenge, forced to make difficult decisions while under tremendous time pressure. This Court does not envy the difficult balance the Legislature had to strike," Walker wrote. "That said, this Court has grave concerns about the balance the Legislature struck." Stinging — Walker added that "while the Act appears broad on its face, as Defendant argues, many 18-to-20-year-olds who wish to obtain a firearm will be able to do so through parents or other relatives. Whether this is an effective check on rash decision-making, this Court cannot say. But it is clear that this law will have little impact on many, if not most, 18-to-20-year-old Floridians. In short, then, it is not clear how much the Act does to prevent tragedies like the one at Marjory Stoneman Douglas High School." Unfair treatment? — Walker added that 18- to 20-year-old independent Floridians without parents could wind up having no access to guns: "Why should the 20-year-old single mother living on her own be unable to obtain a firearm for self-defense when a 20-year-old living with their parents can easily obtain one?" No word on appeal — The NRA, which is tackling legal and financial problems of its own in other parts of the country, has not decided whether to appeal. Marion Hammer, head of the Unified Sportsmen of Florida and the NRA's lead lobbyist, said in an email the "NRA is considering its next moves." — WHERE'S RON? — Gov. DeSantis is expected to be back in South Florida due to the search-and-rescue effort in Surfside. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com | | | | A message from USA-IT: With world-class beaches along 1,350 miles of shoreline, what makes Florida such an attractive place to live also makes it attractive to smugglers and traffickers. This illegal trade affects the safety and quality of life of all 21 million Floridians. Florida deserves better. And that's why our partners are proud to be on the ground in 2021. United to safeguard Florida from illegal trade, we're working together to fight back. Learn more. | | |
|  | DRIVING THE DAY | | 'IT'S GOING TO TAKE TIME' — "Crews spend 5th day atop shaky pile of collapsed concrete," by The Associated Press' Terry Spencer and Russ Bynum: "Rescuers searching for a fifth day for survivors of a Florida condo building collapse used bucket brigades and heavy machinery Monday as they worked atop a precarious mound of pulverized concrete, twisted steel and the remnants of dozens of households. Authorities said their efforts were still a search-and-rescue operation, but no one has been found alive since hours after the collapse on Thursday. Two more bodies were recovered Monday, bringing the confirmed death toll to 11." — " Rubble, narrow voids, storms: The dangerous rescue effort in Miami," by The New York Times' Patricia Mazzei, Richard Fausset and Christina Morales — "Who are the people sifting through the rubble at the Surfside building collapse?" by Miami Herald's Michelle Marchante 'THAT'S NOT NORMAL — "Two days before condo collapse, a pool contractor photographed this damage in garage," by Miami Herald's Sarah Blaskey and Aaron Leibowitz: "There was nothing unusual about the lobby and pool area at Champlain Towers South condo, which looked clean and well maintained to a commercial pool contractor who visited the building last Tuesday, just 36 hours before half of the building unexpectedly collapsed. Then, he saw the basement-level garage. 'There was standing water all over the parking garage,' the contractor, who asked not to be named, told the Miami Herald. He noted cracking concrete and severely corroded rebar under the pool. He also took photos, which he shared with the Herald." — "Miami-area condo board president warned of need for repairs in April letter," by Wall Street Journal's Deborah Acosta STAYING OUT OF THE WAY — "Psaki: No plans for Biden to travel to site of apartment collapse," by POLITICO's Brittany Gibson: President Joe Biden has no plans to travel to the site of a deadly South Florida apartment building collapse, White House press secretary Jen Psaki said Monday, because such a trip would draw law enforcement resources away from ongoing search and rescue operations. Psaki said Biden does support a full investigation by federal agencies of the Surfside, Fla., collapse, which killed at least 10 people and has left more than 150 still missing. Work to find survivors in the building's rubble has been ongoing since it first collapsed last Thursday. — " Mayor: Child alone outside collapse site brings tragedy home," by The Associated Press — "As Surfside community members wait for news, they are inundated by hundreds of acts of kindness," by Washington Post's Laura Reiley and Meryl Kornfield —"'Super mom' who recently married longtime boyfriend died in Surfside condo collapse," by El Nuevo Herald's Syra Ortiz-Blanes — "Florida lawmaker mulls new legislation following Surfside collapse," by WPTV's Forrest Saunders | | | | 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 | | SUMMER OF LITIGATION KEEPS GOING — "DeSantis administration seeks to dismiss 4 challenges to Florida's new voting law," by POLITICO's Gary Fineout: Florida Gov. Ron DeSantis' administration is trying to persuade a federal judge to throw out four lawsuits targeting the state's contentious new voting law that have been filed in the weeks since DeSantis signed the bill into law on Fox News. Lawyers for the state's top election official — who works directly for the Republican governor — filed a lengthy motion late Friday in a Tallahassee federal court calling on Chief District Judge Mark Walker to dismiss the pending lawsuits. "Sometimes what we want to hear the least is what we need to hear the most," wrote attorneys for Secretary of State Laurel Lee, arguing that the wide-ranging law is "reasonable" and falls clearly within the "constitutional purview" of the Florida Legislature to set rules for elections. FIRST IN PLAYBOOK — Democrat Rep. Charlie Crist is bringing Phillip Jerez on as political director for his campaign for governor. Jerez is a veteran of Florida campaigns and served as political director for Andrew Gillum, who notched an upset win in the 2018 Democratic primary for governor. Jerez, who got his start as an aide for Rep. Debbie Wasserman Schultz, just wrapped up working on a New York City Council race. GOP SUPERVISOR — " Pasco's elections official rejected 2020 conspiracies. Then he faced threats," by Tampa Bay Times' Jake Sheridan: "When Pasco County elections supervisor Brian Corley first began receiving insult-riddled voicemails ahead of the 2020 election, he almost thought it was humorous. 'Then it went real south,' Corley told the Times. Callers directed slurs at call center staff, sometimes threatening bodily harm. In December, after Corley made public comments condemning unfounded claims that the election had been stolen, protesters showed up at his office, then outside the house where his ex-wife and son live. Harassment and threats escalated. Corley said some of the threats, which he declined to detail, seemed credible. The FBI and Pasco Sheriff's Office got involved, and quickly 'nipped it in the bud,' Corley said." — "Shaquille O'Neal endorses Aramis Ayala for Congress," by Orlando Sentinel's Steven Lemongello | | | |   | | |
| | ... DATELINE TALLAHASSEE ... | | ON THE LIST — "California bans state-funded travel to Florida and 4 other red states," by POLITICO's Carla Marinucci: California is adding Florida and four other states to its official travel ban list after Attorney General Rob Bonta said Monday the states passed anti-LGBTQ laws that are "directly targeting transgender youth." The announcement, which came at a press conference on the 52nd anniversary of the Stonewall Riots, means that California is now banning state-funded travel to 17 U.S. states based on a 2016 law. Bonta announced that Arkansas, Montana, North Dakota and West Virginia are joining Florida as the newest states on the list. "California must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender people," Bonta said. | 
California Assemblyman Rob Bonta speaks in San Francisco, March 24, 2021. | AP Photo/Noah Berger | WHAT'S IN YOUR WALLET? — "Florida's new online sales tax law to take effect July 1," by News4Jax's Mike Vasilinda: "This week, a big change is coming to online ordering. Up until now, Floridians were required by law to voluntarily submit the tax if it was not collected by the merchant, but a new law now requires out-of-state retailers to collect the tax. Collecting the sales tax from online purchases has been haphazard at best in Florida. Companies with a physical presence collected it. Others have not. It's been a thorn in the side of Florida retailers. 'They are buying large purchases of electronics, large purchases of furniture and those sorts of things,' said Scott Shalley, with the Florida Retail Federation. 'And those folks should notice. It's a tax that was due and it's a tax that needs to be paid.'" LIFE IS GOOD — "Despite pandemic, lobbyist Brian Ballard's downtown building hits fully leased milestone," by Tallahassee Democrat's TaMaryn Waters: "[Brian] Ballard, an effective political player and fundraiser for former President Donald Trump, built the sleek six-story building encased in glass. His formidable firm had outgrown his former office, an iconic southern style building at 403 E. Park Ave. In 2017, the Ballard Partners firm moved into the sixth and fifth floors and were the first tenant to occupy the newly constructed 60,000 square-foot addition to downtown Tallahassee." Occupied — "Now it's fully leased, making it the only large office building downtown to reach that distinction, especially as the COVID-19 pandemic has deflated demand for office space. Early on, Ballard considered building a hotel on the site. He decided against that since the parcel size would require an even taller building than what's currently standing, not to mention more time to construct. 'I'm glad we didn't do it,' said Ballard, who started construction on the building in 2015. — " Here are the new Florida laws that take effect July 1," by News Service of Florida's Jim Turner | | DATELINE D.C. | | R.I.P. — "Harry Johnston, former congressman and state Senate president, dies at 89," by Palm Beach Post's Andrew Marra: "Harry Johnston, a lifelong West Palm Beach resident who spent two decades shaping public policy as a congressman and state senator and helped form and lead some of the area's most prominent civic institutions, died Monday at 89. During a political career that spanned a period of explosive South Florida growth, Johnston oversaw the creation of the state's Growth Management Act and passage of legislation to form the Children's Services Council of Palm Beach County and kick-start efforts to build the Kravis Center for the Performing Arts." 'WE SHOULD DO IT WITH THE MAJORITY' — "Florida Senate hopeful Demings: 'Get rid' of filibuster, it 'threatens the freedoms of every American,'" by Fox News' Brian Flood: "U.S. Senate candidate Rep. Val Demings, D-Fla., called to abolish the filibuster because it 'undermines the basic principle that makes our democracy work' in an op-ed published by USA Today. Demings launched her 2022 Senate campaign against Sen. Marco Rubio earlier this month. In an interview with the Orlando Sentinel, Demings acknowledged she's in for a 'tough fight' against the two-term senator and former presidential candidate." | | | | SUBSCRIBE TO WEST WING PLAYBOOK: Add West Wing Playbook to keep up with the power players, latest policy developments and intriguing whispers percolating inside the West Wing and across the highest levels of the Cabinet. For buzzy nuggets and details you won't find anywhere else, subscribe today. | | | | |
| | CORONAVIRUS UPDATES | | 'NOTHING CRIMINAL WAS FOUND' — "Manatee Commissioner Vanessa Baugh won't face criminal charges for vaccine VIP list," by Sarasota Herald-Tribune's Zac Anderson: "The Manatee County Sheriff's Office announced Monday that County Commission Chair Vanessa Baugh will not face criminal charges for creating a COVID-19 vaccine VIP list with five names, including herself and a prominent developer. Investigators concluded that Baugh did not receive a 'tangible benefit' from creating the VIP list for a February vaccine clinic in Lakewood Ranch, noting that she didn't end up getting the vaccine through the clinic and those who she put on the list did not give her 'anything of value.'" DeSantis COS questioned — "[Lakewood Ranch developer Rex] Jensen told the investigator that he received a call from [Pat] Neal — a major [Gov. Ron] DeSantis donor — on Feb. 8. DeSantis also was on the phone. … [DeSantis chief of staff Adrian] Lukis denied that the governor's office ever instructed Baugh to limit vaccinations to two zip codes, saying "at no time did the Governor's Office communicate with or provide guidance to Commissioner Baugh in regard to (the Lakewood Ranch clinic), specifically concerning the limiting of access to the event." FALLOUT — "Masks are off in Florida, but legal wrangling continues," by News Service of Florida's Jim Saunders: "Gov. Ron DeSantis in early May blocked cities and counties from requiring people to wear masks to prevent the spread of COVID-19. But that hasn't stopped legal battles over mask mandates. Attorneys for Alachua County last week asked the 1st District Court of Appeal to reconsider a decision in a case about the constitutionality of a mask requirement that the county imposed in 2020. A panel of the appeals court on June 11 overturned a decision by an Alachua County circuit judge, who rejected a challenge to the requirement. Meanwhile, a challenge to a mask mandate imposed last year by Palm Beach County is pending at the Florida Supreme Court." BIG YEAR — "Florida Virtual School saw a 'banner year' in 2021 fueled by the pandemic," by POLITICO's Andrew Atterbury: The coronavirus pandemic boosted the enrollment and earnings for Florida's longstanding online K-12 program in 2021. Florida Virtual School saw its enrollment grow by some 35 percent — and its revenues by 39 percent — as a record number of students plugged in to distance learning in the face of Covid-19. FLVS leaders expect enrollment to taper off in 2021-22 as many students return to in-person classes, yet the school is still projected to serve more students compared to pre-pandemic levels. "We had a banner year," Louis Algaze, FLVS president and CEO, told school trustees at a June 22 meeting. "We were able to weather storms, we were able to help out our state." GONE — "Floridians access to telehealth could suffer as state order expires," by News Service of Florida's Christine Sexton: "Florida health-care providers are going back in time. The growing emergence of telehealth, or telemedicine, as a way to deliver health care has been a silver lining during the COVID-19 pandemic. But after Gov. Ron DeSantis let an executive order declaring a public-health emergency expire Saturday, many regulatory flexibilities that health-care providers received during the pandemic, including flexibilities related to telehealth, also expired." — " Disney delays test cruise over 'inconsistent' virus results," by The Associated Press | | | | A message from USA-IT: The very things that make Florida such a wonderful place to live—a vibrant, populous state with 14 major ports, advanced transportation infrastructure, and of course world-famous beaches and shoreline (the 2nd longest in the United States)—also make it attractive to smugglers and traffickers. This illegal trade hurts local taxpayers, local economies and the senior citizen community, ultimately affecting the safety and quality of life of all 21 million Floridians.
Private-public partnerships can help address this problem. That's why our partners are proud to be on the ground in 2021, bringing our shared expertise combating illegal trade into Florida's fight. Along with governments and local law enforcement, we're working together to fight back. Learn more. | | |
| | ODDS, ENDS, AND FLORIDA MEN | | — "Hillsborough man's arrest makes 500 charged in Capitol riot," by Tampa Bay Times' Dan Sullivan: "A Hillsborough County man is the latest addition to the now more than 500 people who have been arrested on charges related to the Jan. 6 riots at the U.S. Capitol. Mitchell Todd Gardner II, whom federal prosecutors said has no fixed address but recently lived at a home in Seffner, was arrested Friday and held in the Pinellas County Jail over the weekend. He made his first appearance Monday afternoon in a Tampa federal courtroom. He was told that he faces six pending charges, including destruction of government property and impeding an official proceeding, both felonies." BIRTHDAYS: Micky Arison, chairman of the board of Carnival Corporation and owner of Miami Heat … Sarah Bascom, president of Bascom Communications … Christian Ulvert, president of EDGE Communications… Diane Moulton, former director of executive staff for Gov. Ron DeSantis
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