News : POLITICO Florida Playbook: What to make of DeSantis v. Facebook

Tuesday, September 28, 2021

POLITICO Florida Playbook: What to make of DeSantis v. Facebook

Sep 28, 2021

Presented by USA-IT

Hello and welcome to Tuesday.

Just a thought — Raise your hand if you thought Gov. Ron DeSantis would take action based on reporting from the "corporate media" he continually criticizes.

Do this — DeSantis on Monday directed Secretary of State Laurel Lee to open a probe into whether certain actions by Facebook — detailed in an investigative report by The Wall Street Journal earlier this month — somehow interfered with the 2020 election. That report looked at how celebrities and politicians were immune from Facebook rules, including political incumbents in state and local races.

In his words — DeSantis said in a statement that "if this new report is true, Facebook has violated Florida law to put its thumb on the scale of numerous state and local races. Floridians deserve to know how much this corporate titan has influenced our elections." The governor in a letter to Lee told her to use "all legal means" including issuing subpoenas and conducting witness interviews.

Putting it together — There's a lot to unpack in all of this, including the idea of putting new responsibilities on the state's chief election officer. First off, while the Division of Elections does have subpoena power (a law that has been on the books for at least 25 years) it is rarely used. And this notion that the department will investigate whether Facebook interfered with the election... well that's a totally new role for the department. They don't do that. Instead they hand over voter fraud complaints and other legal matters to law enforcement.

What is their role? — The Division of Elections does forward information to the state elections commission for inquiry — but that's usually if someone filed their campaign finance reports late. Any Florida reporter can recite the time they brought up some potential violation of law only to be told the Division only has a "ministerial" role and does not investigate.

A legal matter — Then there's the other overriding question: What law did Facebook allegedly violate? That's not clear at all. Well, it can't be the new social media crackdown passed by legislators earlier this year because, first off, it's not retroactive to apply to the 2020 election. Oh, and there's an injunction against it right now due to a court challenge.

So why is this happening now? — Some Democrats chalked this up to 2024 aspirations: State Rep. Anna Eskamani tweeted that it was "another distraction by @GovRonDeSantis, another appeal to a national Republican base while issues everyday people in Florida face are ignored." One could wonder, however, whether this is DeSantis' way of trying to respond to the ongoing agitation in his own party to relitigate the 2020 election — an election that he said was so well run in Florida that it "inspires confidence."

— WHERE'S RON? — Gov. DeSantis is expected to attend a DeSantis fundraiser in Buffalo, New York.

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.

CAMPAIGN MODE

UNSOCIAL MEDIA — "DeSantis pushing election officials to investigate Facebook," by POLITICO's Matt Dixon: Florida Gov. Ron DeSantis directed his secretary of state to launch an investigation into a Facebook program that could have given incumbent politicians "an advantage over challengers" — but it's unclear what state laws the social media giant could have violated. The Facebook program, reported earlier this month by the Wall Street Journal, created a system where high profile users were either "whitelisted" — which effectively means they were exempt from Facebook guidelines over allowable content — or allowed to post content that violates the company's rules pending review from its staff.

Florida Secretary of State Laurel Lee speaks.

Florida Secretary of State Laurel Lee speaks at a news conference in Tallahassee, Fla. (Steve Cannon/AP Photo)

CC: DONALD TRUMP — "Wall Street helps Ron DeSantis amass a hefty war chest for 2022," by Bloomberg Businessweek's Michael Smith, Jonathan Levin and Bill Allison: "When it comes to the likely Republican presidential candidates in 2024, Wall Street's money is on Florida Governor Ron DeSantis — not former President Donald Trump, who's been teasing another run at the White House. A fifth of the $55 million that DeSantis has raised this year came from hedge fund billionaires, private equity bankers, investment managers, and other finance industry donors. Trump, who got less than 2% of his 2020 reelection funds from Wall Street, has raised the bulk of his $100 million war chest from small-dollar donors."

DeSantis > Trump — "'Ron DeSantis is my favorite man,' says Thomas Peterffy, 76, the billionaire chairman of Greenwich, Conn.-based Interactive Brokers, who gave $250,000 to DeSantis's political action committee in April. Although he donated hundreds of thousands to Trump in 2016 and 2017, he says he would rather the former president sit out 2024. Compared with the impulsive Trump, DeSantis 'does much more substantial planning,' Peterffy says."

PROMISES, PROMISES — "As Republicans draw Puerto Rican voters in Florida, Democrats try to register more of them," by Orlando Sentinel's Steven Lemongello: "Every two years, Florida Democrats and independent progressive groups have talked about how they're going all-out to register Hispanic voters, especially Puerto Ricans, and get them to the polls. And every two years, they look back on the disappointing results and promise to do better the next time around."

FOR YOUR RADAR — "Frustrated with Democratic Party, Black Palm Beach County residents form independent political caucus," by Palm Beach Post's Wayne Washington and Chris Persaud: "A group of Black Palm Beach County residents has launched a political caucus aimed at advancing issues of importance to Black voters and supporting candidates who address those issues. The formation of the group, the Black Caucus of Palm Beach County, crystalizes ongoing Black frustration with the Democratic Party."

Making the case for Democrats — "State Sen. Bobby Powell, D-West Palm Beach, said he understands the frustration of Ryles and other Black voters. 'Absolutely, there's room for Black voters to be frustrated,' said Powell, who is chairman of the state's Legislative Black Caucus. 'If we had a Governor [Andrew] Gillum, you have seen an expansion of Medicaid. You would have seen a better fix on unemployment.' But the reality of Republican control, Powell said, means little or no progress on issues of importance to Black voters."

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CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said that there were 3,706 Covid-19 infections on Sunday and 5,095 infections on Saturday. The U.S. Department of Health and Human Services reported that 6,731 beds were being used in the state for Covid-19 patients. The Florida Hospital Association reported Friday that 27.2 percent of adult patients in intensive care units are infected with Covid-19.

SHOWDOWN — "DeSantis administration threatens Orange County vaccine mandate," by Orlando Sentinel's Stephen Hudak and Ryan Gillespie: "Orange County Mayor Jerry Demings, who in July mandated county employees to get vaccinated for COVID-19 by Sept. 30, now expects a court fight with Florida Gov. Ron DeSantis' administration over the order. At a press briefing, Demings said he received a letter Friday from the state Department of Health, threatening the county with hefty fines for mandating vaccinations of its employees."

'THE WORKERS ARE VERY SCARED' — " Florida employees feel COVID-19 pressure," by Tampa Bay Times' Lawrence Mower: "Eighteen months into the pandemic, Florida's state workers are struggling. COVID-19 outbreaks have closed departments and offices. Three state prisons are closing because of the lack of corrections officers. When their colleagues fall ill, some state employees say they aren't being told. Gov. Ron DeSantis' efforts to keep Florida open has been felt acutely by many state workers, some of whom have been among the earliest to return to in-office meetings."

— "Orange schools keep mask mandate in place despite new threats from state," by Orlando Sentinel's Leslie Postal

... DATELINE TALLAHASSEE ...

ANOTHER DAY, ANOTHER LAWSUIT — "Miami business leaders Codina, Braman sue to stop Seminole Tribe gambling expansion," by Miami Herald's Mary Ellen Klas: "A second federal lawsuit aimed at stopping sports betting in Florida was filed Monday in the District of Columbia, this time with the backing of two of Miami's most outspoken critics of gambling, developer Armando Codina and auto retailer Norman Braman. The lawsuit against U.S. Secretary of the Interior Deb Haaland alleges that the federal government 'improperly allowed the State of Florida to circumvent' the state Constitution when it approved the gaming compact between the state and the Seminole Tribe of Florida and illegally authorized off-reservation sports betting in violation of federal law."

DON'T MESS WITH THE CHEF — State Rep. Omari Hardy, and who is one of the Democrats running for the congressional seat held by the late Rep. Alcee Hastings, had a hot Twitter take late Saturday night: "Can we talk about DC food being terrible? Because it's not great y'all." Hardy got lots of reaction, including one he wasn't counting on. Chef and restauranteur José Andrés — with 1 million followers on Twitter — weighed in on early Monday: "With all due respect, Sir, even if you were right, with facts, with a person in your position, wouldn't be nice to talk about anything you did like, versus 'trashing' thousands of cooks and restaurants owners, and food trucks etc that are still trying to save their restaurants?"

And there's more — "A person that is a leader, shouldn't be lifting people's hopes up? Bringing the best of us all out? Our best Ángels? Uniting us? Building longer tables? Be a man of good Mr. Hardy, God is watching….my city @washingtondc welcomes you…and we are a great food city!" POLITICO's White House editor Sam Stein also had an exchange with Hardy about it in our Nightly newsletter.

Turnabout — By nightfall Hardy retreated: "Chef, I appreciate all that you've done to bring good food to people in need. If you say that I'm wrong about food in DC, then I'm wrong. Let's grab lunch at your favorite spot the next time I'm there. I'm looking forward to experiencing the places I've apparently overlooked."

COMING THIS WEEK — "Florida's minimum wage increases on Thursday despite opposition ," by News Service of Florida's Jim Turner: "Minimum wage workers in Florida will get a voter-approved pay boost this week, while about two-dozen new laws kick in, including a regulatory framework for electronic cigarettes. After just more than 60% of voters approved a constitutional amendment in November, the state's minimum wage will go from $8.65 an hour — about $18,000 a year for a full-time worker — to $10 on Thursday, with the rate for tipped workers moving up from $5.63 an hour to $6.98 an hour."

— " Array of guns bills filed ahead of Florida's 2022 legislative session," by Capitol News Service' Jake Stofan

TRUMPLANDIA AND THE SWAMP

THE ART OF THE DEAL — "Trump's Mar-a-Lago buddies tried to get the VA to sell access to veterans' medical records," by ProPublica's Isaac Arnsdorf: "Former President Donald Trump empowered associates from his private club to pursue a plan for the Department of Veterans Affairs to monetize patient data, according to documents newly released by congressional investigators. As ProPublica first reported in 2018, a trio based at Trump's Mar-a-Lago resort weighed in on policy and personnel decisions for the federal government's second-largest agency, despite lacking any experience in the U.S. government or military."

THE GUNSHINE STATE

AFTERMATH — "Broward schools blasted over safety years after Parkland shooting," by Sun Sentinel's Scott Travis: "Three and a half years after the Marjory Stoneman Douglas shooting, the Broward school district remains slow to address school safety issues and needs more oversight, the chair of the commission investigating the tragedy said Monday. Sheriff Bob Gualtieri of Pinellas County blasted the school district multiple times during a meeting of the Marjory Stoneman Douglas Public Safety Commission, formed after a former student murdered 17 people in the Parkland school on Feb. 14, 2018."

TURNED DOWN — " Court clears social media companies in Pulse massacre," by News Service of Florida's Jim Saunders: "A federal appeals court Monday rejected a lawsuit alleging that Twitter, Google and Facebook should be held liable in the 2016 massacre at Orlando's Pulse nightclub after Islamic State social-media posts radicalized shooter Omar Mateen. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld a district judge's decision to dismiss the lawsuit, which was filed by victims and estates of victims in the shooting that killed 49 people and wounded dozens of others at the LGBT club."

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PENINSULA AND BEYOND

MIAMI VICE — "Crotch shots and pot shots: Miami police chief's dance moves highlighted in odd hearing," by Miami Herald's Charles Rabin and Joey Flechas: " With Miami Police Chief Art Acevedo's job hanging in the balance Monday, Commissioner Joe Carollo went to, where else, but the videotape. As Miami's new chief peeked occasionally down at an airing of grievances about his performance from a second-floor City Hall window, Carollo projected onto a large screen a long-forgotten Elvis Presley impersonation by Acevedo during a fundraiser — the outline of his crotch prominently displayed in the tight white one-piece outfit he chose for the occasion."

Probing question — "'Do you find it acceptable for your police chief to go out in public with pants like that, with his mid-section and pants so tight?' Carollo, freezing the video, asked the man who hired Acevedo."

— "Miami's embattled top cop compared city leaders to Cuban dictators," by The New York Times' Patricia Mazzei

'TOO GOOD TO BE TRUE' — "Venezuelan community targeted in alleged $66 million investment scam," by Sun Sentinel's Ron Hurtibise: "Owners of a payday loan company targeted members of South Florida's Venezuelan community in a fraudulent investment scheme that raised more than $66 million, according to the U.S. Securities and Exchange Commission. The SEC complaint, filed Monday in U.S. District Court in Miami, said Sky Group USA and owner Efrain Betancourt, 32, sold promissory notes to at least 505 investors who were promised returns of between 24% and 120%."

HELPING OUT — " Anonymous benefactor buys new home for ex-Castro prisoner after she loses eviction fight," by Miami Herald's Rene Rodriguez: "Ana Lazara Rodriguez had already made contingency plans if the legal fight she has been waging to stay in her Miami home after getting evicted in February didn't go her way. 'The owner of Versailles told me he would allow me to sleep in my Honda in the restaurant's parking lot, because it has security,' said Rodriguez, 83. 'That was my plan. Thank God it didn't happen.'"

— "Sheriff: Florida woman threw bombs at Buddhist temple," by The Associated Press

— "Curbside recycling suspended in Jacksonville so haulers can handle trash, yard waste," by Florida Times-Union's Steve Patterson

— "Blueprint agency commits $20 million to fund FSU stadium repairs in Tallahassee," by Tallahassee Democrat's Karl Etters

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

— "Callahan man says he was beaten by police after being mistaken for accused Nassau deputy killer," by First Coast News' Leah Shields: "[Matthew] Thompson matches a similar description as [Patrick] McDowell. He's a white man with a beard and tattoos. Thompson says on the night of the shooting, he was at his uncle's house and he went outside to check the fire. 'Next thing I know I had a dog on my arm and about 10 cops beating me up,' Thompson explained. His arms are severely scratched up with what appears to be claw marks."

— "The 'world's most famous Cuban restaurant' celebrates 50 years in Miami ," by Miami Herald's Sarah Moreno: "Throughout the 50 years of existence that it marks this year, Versailles and the idea of crowds have been synonymous in a city where people spend a lot of time in their cars and head to the Cuban restaurant on Calle Ocho when they want to celebrate — or protest — something. If the Heat or the Marlins win, the pots and pans ring out at Versailles to put music to the celebration. The chants and posters of 'Freedom!' come out when Cuba is experiencing one of its many crises, like on July 11, when Miami Cubans camped out for more than a week at Versailles to show their support of Cubans on the island who hit the streets for the biggest protests in the last 60 years."

BIRTHDAYS: Republican Party of Florida executive director Helen Aguirre Ferré … former Rep. Curt Clawson

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