Friday, September 10, 2021

POLITICO Florida Playbook: Another court loss for DeSantis — but who's counting?

Presented by The Seminole Tribe of Florida: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Sep 10, 2021 View in browser
 
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By Gary Fineout

Presented by The Seminole Tribe of Florida

Hello and welcome to Friday.

Just another day at the office So Gov. Ron DeSantis lost again in court. And he shrugged it off.

Top priority This time around it was U.S. District Judge Mark Walker who ruled against the governor on the high-profile "anti-riot" law that DeSantis pushed in the wake of the 2020 police killing of George Floyd and the national protests that followed. In a lengthy decision, Walker called the law unconstitutional and cited past attempts by police in Florida to charge civil rights protesters in the late 50s and early 60s with trying to cause a riot. "What's past is prologue," the judge wrote.

Promises, promises When told on Thursday that it was Walker who ruled against the state, DeSantis he said "that's a foreordained conclusion in front of that court. So we will win that on appeal. I guarantee you will win that on appeal." He also predicted that his administration would win its appeal of a circuit court ruling against him on banning school mask mandates that don't allow parents to opt out. "That's just kind of the way the cookie crumbles," he said dismissively of lower courts based in Tallahassee.

Translation Both the 11th Circuit Court of Appeals in Atlanta and the 1st District Court of Appeal are stacked with judges appointed by Republicans who should bow to his legal interpretation.

Not a winning season This is another ruling in a line of rulings this year that have gone against DeSantis on everything from his social media bill to vaccine passports to capping contributions on groups pushing citizen initiatives. The state did win a significant victory in its battle against the Centers for Disease Control and Prevention over cruise line restrictions.

History lesson Of course the governor has not always gotten his way even with higher courts — or with judges connected with the GOP. DeSantis notably lost last year on a state Supreme Court appointment from a court dominated by justices he had appointed. It was U.S. District Judge Allen Winsor — a Trump appointee who once worked for Pam Bondi — who this summer blocked the law capping contributions. (Oh, the state didn't appeal that injunction.)

History lesson part 2 DeSantis does have reason to be confident in winning at the 1st DCA, a court that over the last several years has basically taken the position that no one is really allowed to challenge actions of the Legislature and executive branch and that the state constitution is more of an aspirational document to follow. The state also won at the 11th Circuit on its 2019 felon voting law, but that required an unusual decision by the entire court — and a heavily criticized move by two appeals judges who refused to recuse themselves even though had been involved in a related case at the state Supreme Court.

Translation part 2 — These cases may not be the slam dunks that DeSantis is making them out to be.

— WHERE'S RON? — Gov. DeSantis is scheduled to be the keynote speaker at the Republican Party of Pasco County 2021 Reagan Dinner.

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

A message from the Seminole Tribe of Florida:

The new Seminole Compact is a partnership between the people of Florida and the sovereign nation of the Seminole Tribe of Florida. Announced by Governor Ron DeSantis and Seminole Tribe of Florida Chairman Marcellus Osceola Jr., the Compact was passed by the Florida Legislature and deemed approved by the U.S. Department of the Interior. The Seminole Compact guarantees billions in revenues, creates thousands of jobs and brings sports betting to Florida. Learn more.

 
... DATELINE TALLAHASSEE ...

HALTED — "Federal judge temporarily blocks controversial DeSantis-backed anti-riot law," by POLITICO's Matt Dixon: A federal judge delivered a major blow to Gov. Ron DeSantis on Thursday when he temporarily blocked some authorities from enforcing a key part of the Florida's controversial "anti-riot" bill. The measure, HB1, was a centerpiece of DeSantis' legislative agenda as well as his reelection bid but had been heavily criticized as a way for police to crack down on racial justice and anti-police brutality demonstrations.

FRIED'S COURT BATTLE — " The Second Amendment fight that could upend Florida's midterms," by POLITICO's Matt Dixon: Politics and gun policy have long been intertwined in Florida, a state where the NRA has held huge political sway over the GOP majorities that pass pro-gun bills over Democrats, who have relied on courts to stop what they could not. The latest chapter in that fight features Agriculture Commissioner Nikki Fried, a Democrat running for governor, using her office to successfully urge the Florida Supreme Court to get involved in a legal challenge to a gun law, which was signed by then-Gov. Rick Scott, but remains popular with DeSantis and Florida Republicans.

Nikki Fried March 25, 2021

Agriculture Commissioner Nikki Fried joins opponents to Florida election legislation | Gary Fineout POLITICO

'WE DON'T THINK AHEAD' — "Florida is spending $2M to figure out what could go wrong next," by POLITICO's Gary Fineout: Buffeted by hurricanes, pandemics and environmental disasters the last several years, a top Florida Republican wants to know what could go wrong next for the state. Florida House Speaker Chris Sprowls (R-Palm Harbor) in late April agreed to spend $2 million on a sweeping risk assessment designed to figure if — and what — could next cause a major financial issue or problem for the GOP-controlled Legislature.

INTERESTING TIMING — " Wilton Simpson strips Lauren Book of key committee chair," by Florida Politics' Christine Jordan Sexton: "Senate President Wilton Simpson on Thursday removed Democratic Sen. Lauren Book as chair of a key committee that could consider legislation that would further restrict abortion in Florida. Book has recently been critical of plans by Simpson and other Republicans to consider abortion bans similar to the one enacted by Texas. Book, of Plantation, had been the head of the Senate Children, Families and Elder Affairs Committee since the 2018 Legislative Session. Simpson replaced her with Sen. Ileana Garcia. In a memo to senators Thursday, Simspson said he stripped Book of her committee chair because she also serves as Senate Minority Leader, a post that also requires a time commitment."

END OF THE ROAD — "Day of reckoning: Scott Maddox sentenced to five years in prison for federal corruption case," by Tallahassee Democrat's Jeff Burlew: "Scott Maddox, Tallahassee's one-time 'boy mayor' and city commissioner who turned local politics into his own illegal cottage industry, was sentenced to five years in federal prison for masterminding a bribery ring at City Hall that involved prominent vendors and clients of his shady lobbying firm, Governance."

PLEADS NO CONTEST — "Hotshot lobbyist Ron Book, who crashed his Lamborghini in a DUI case, walks away with no criminal record ," by Sun Sentinel's Rafael Olmeda: "Powerhouse lobbyist Ron Book, who crashed his Lamborghini into another vehicle on Interstate 595 and refused to take a breath test, pleaded no contest Thursday to reckless driving — and will walk away without a criminal record. But he's still the target of a lawsuit over the crash at Nob Hill Road, Davie, in early 2019. The other vehicle in the crash rolled over, and the driver, Deryk Luis Rivera, is suing Book for an unspecified amount over $30,000. Book, who lives in Plantation, is among the most powerful lobbyists in Tallahassee."

— "Pinellas lawmakers urged to audit election, prohibit mask mandates," by Tampa Bay Times' Romy Ellenbogen

— "Chris Sprowls taps Erin Grall to take the lead on abortion legislation," by Florida Politics' Christine Jordan Sexton

— "DeSantis finds a friendly reception during DeFuniak newser but no hard questions," by Florida Phoenix's Michael Moline

CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said that there were 12,288 Covid-19 infections on Wednesday. The U.S. Department of Health and Human Services reported that 13,034 beds were being used in the state for Covid-19 patients. The Florida Hospital Association reported Thursday that 46 percent of adult patients in intensive care units are infected with Covid-19.

BIDEN V. DESANTIS (AGAIN) — "'Fundamentally wrong': DeSantis opposes new Biden vaccine mandates," by POLITICO's Gary Fineout: But the Republican governor — whose own handling of Covid-19 has come under fire this summer as Florida saw a surge in infections and deaths — contended that any move to coerce workers to get vaccinated would backfire and alienate them. "The one thing that I'm concerned about is them trying to force mandates on individuals and businesses," [Gov. Ron] DeSantis said at a press conference in New Port Richey, where he was again touting treatment centers that offer monoclonal antibody treatments to Covid-19 patients. "How could we get to the point in the country where you would want to have someone lose their job because of their choice about the vaccine?"

MEANWHILE — "Biden promises to bridge school pay cuts '100 percent' in rebuke to DeSantis on masks," by POLITICO's Juan Perez Jr.: President Joe Biden pledged Thursday to backfill paychecks for school officials punished by their states for mandating masks and other Covid-19 protections, the latest counter to Florida's Ron DeSantis and Republican governors opposed to mandates. "If these governors won't help us beat the pandemic, I will use my power as president to get them out of the way," Biden said during an address Thursday afternoon. "Any teacher, or school official, whose pay is withheld for doing the right thing, we will have that pay restored by the federal government 100 percent. I promise you, I will have your back."

— "State files emergency motion with appeals court in school mask mandate legal fight," by News Service of Florida's Jim Saunders

— "Hillsborough School Board extends 30-day mask mandate," by Tampa Bay Times' Marlene Sokol

— "Universal Orlando cuts back on water due to COVID-related oxygen shortage," by Orlando Sentinel's Katie Rice

— "Less than 1 percent of student body opts out of masks in first week of Duval Schools' new policy," by Florida Times-Union's Emily Bloch

— "Nearly 300 dead: Delta surge makes August Orange County's deadliest month of the pandemic," by Orlando Sentinel's Ryan Gillespie and Stephen Hudak

 

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CAMPAIGN MODE

PRACTICE TIME — "Fried tries to take on DeSantis job as governor in first months of campaign," by Orlando Sentinel's Gray Rohrer: "For weeks now, Florida Democratic governor candidate Nikki Fried has been holding news conferences and issuing proclamations for the job she wants next year, not the one she has. The agriculture commissioner is the only Democrat on the Florida Cabinet in charge of an agency with 3,700 employees that not only oversees the agriculture industry but inspects grocery stores and roller coasters and issues gun permits."

WHAT'S IN YOUR WALLET? — " Big-money Ron DeSantis donors spotlighted in texts, social media messages to neighbors," by The Daytona Beach News-Journal's Mark Harper: Officials from 314 Action say the messages are the most direct way to hold accountable big-money donors of officeholders it labels anti-science, including DeSantis. But [L. Gale] Lemerand — who lives on the beachside in Daytona Beach — says he learned of the campaign from a friend who'd received one of the messages and won't be shamed. 'I take it with a grain of salt,' Lemerand said in a phone interview Wednesday. 'The liberals these days don't have much they can hang their hat on. They don't have anything new to say. As far as I'm concerned, and my acquaintances are concerned, we think we've got the greatest governor in the United States.'"

QUITE THE TWIST — "Dems gave $700K to dark-money group that helped Republicans win races in 'ghost' candidate scandal," by Orlando Sentinel's Jason Garcia and Annie Martin: "The dark-money nonprofit that worked with Republican strategists last year to promote spoiler independent candidates in important state Senate races also raised more than $700,000 from organizations controlled by Democratic fundraisers."

DATELINE D.C.

Workers in U.S. Capitol remove statute of Confederate General

Workers at the U.S. Capitol removing the statue of Confederate General Edmund Kirby Smith in September 2021. The Florida Legislature voted to replace the statue of Smith with that of educator and civil rights leader Mary McLeod Bethune | Office of U.S. Rep. Kathy Castor

JUST SAY NO — "Stephanie Murphy to oppose her party's 'rushed' budget package in committee," by Roll Call's Lindsey McPherson: "Florida Democratic Rep. Stephanie Murphy plans to vote against the spending and tax measures the Ways and Means Committee is marking up this week and next, citing concerns that her party leadership isn't giving lawmakers enough time or information to assess how the individual components fit into the broader $3.5 trillion reconciliation package. 'We were given an artificial deadline by which to craft and mark up a big bill. And I believe this deadline was too rushed, driven by politics rather than policy,' Murphy said Thursday in her opening statement at the start of a multiday Ways and Means markup."

— "Fearing Texas-inspired abortion law, Florida Democrats vow to fight new restrictions," by Miami Herald's Bianca Padró Ocasio and Alex Daugherty

PENINSULA AND BEYOND

THE FLORIDA ANGLE — "20 years later: Looking back at Sarasota's chilling, unusual connections to the 9/11 attacks," by Sarasota Herald-Tribune Chris Anderson: "The hijackers ate in our restaurants, shopped in our stores and learned to fly planes into buildings here. President George W. Bush read to schoolchildren here as the horror of their actions was relayed to him in a whisper. A mysterious family from Saudi Arabia with ties to the terrorists lived in a gated community here. Aside from New York City and Washington, D.C., perhaps no other place in the nation has more important connections to the events of Sept. 11, 2001 than Sarasota County."

ACKNOWLEDGING THE PAST — "Two Black men lynched in Palm Beach County will get recognition a century later," by Sun Sentinel's Lois K. Solomon: "Palm Beach County has decided it's time to accept its complicity in the murders of Henry Simmons and Samuel Nelson. The two Black men were killed in the 1920s, at a time when whites felt free to pursue vigilante justice in the names of fellow whites they believed had been injured or offended. Both men suffered at the hands of white mobs who riddled their bodies with bullets. Their stories have been mostly left to their families and history buffs."

A message from the Seminole Tribe of Florida:

The New Seminole Compact
Signed, passed & now Florida law. Billions guaranteed.

The historic Seminole Compact, a partnership between the people of Florida and the Seminole Tribe of Florida, is the largest gaming compact in U.S. history. The compact guarantees billions of dollars of new revenue sharing for Florida, creates thousands of new jobs, ensures protections for Florida's pari-mutuel industry and brings sports betting to Florida.

The New Seminole Compact Benefits Florida:

· Provides Florida $6 billion in revenue over the next decade, guaranteeing $2.5 billion in the next five years.
· Estimated to create over 2,200 new Florida jobs.
· Modernizes the gaming industry by creating a legal construct for sports betting in Florida and provides a structure for local pari-mutuels to participate.
· Keeps Florida family-friendly by limiting casinos.
· Billions more in economic impact for our state and businesses.

Learn more about this historic moment in Florida history.

 


ODDS, ENDS AND FLORIDA MEN

— "Girl who survived Polk massacre says gunman falsely believed parents were 'sex traffickers,'" by Orlando Sentinel's Monivette Cordeiro: "The 11-year-old girl who survived her family's massacre last Sunday in Polk County said the former U.S. Marine gunman told her that he killed her parents because they were 'sex traffickers,' which authorities said Thursday was 'a figment of his imagination.' Polk County Sheriff Grady Judd said 33-year-old Bryan Riley 'tortured' the girl for information on 'Amber,' who he wrongly believed was a suicidal sex-trafficking victim being held at the home."

BIRTHDAYS: Former Tallahassee Democrat editor Ron Morris

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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