News : POLITICO Florida Playbook: DeSantis tests his sway with the Legislature

Friday, October 22, 2021

POLITICO Florida Playbook: DeSantis tests his sway with the Legislature

Oct 22, 2021

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Hello and welcome to Friday.

Here we go — So there's going to be a special session. When will it be? Stay tuned. So what legislation will be considered? Stay tuned.

Scrap those holiday plans? — After hinting and prodding for months that he wants a special session dealing with Covid-19 mandates, Gov. Ron DeSantis went ahead on Thursday and announced that he was calling lawmakers back to town — probably next month. The goal: to take steps against private employers that require worker to get shots, to "reaffirm" that local governments can't impose vaccine mandates, and to beef up the "Parent's Bill of Rights" when it comes to letting them opt out of school district-imposed mask mandates. One of the big ideas is to strip Covid-19 liability protections from businesses that put mandates on its workers.

Let's note this right now — DeSantis has wanted a special session for some time now. Behind the scenes, Republican legislative leaders haven't said no — but they had not said yes either. Back in August, it was clear that a special session dealing strictly with school mask mandates was a no-go. But the governor acted this week without getting full buy-in from House Speaker Chris Sprowls and Senate President Wilton Simpson, which is a risky move. You usually don't call a special session unless you have it all worked out what you want passed and when you want it passed. Right now, that's not the case. Word is legislative leaders didn't know about this until the day before DeSantis' press conference.

Response — Sprowls and Simpson — neither of whom attended DeSantis's press conference — did issue a joint statement late in the day that said the vaccine mandate push by the Biden administration is "gross overreach." That same statement said legislators would review "the governor's specific proposals" in the coming days while maybe looking at their own ideas, such as withdrawing Florida from oversight by the Occupational Safety and Health Administration.

The path ahead — It seems unlikely the Legislature won't deliver something for DeSantis. Democrats of course will be strongly opposed. But this move has put strains on the close alliance forged over the past three years between the governor's office and GOP legislators. There's some feeling that this was more about getting a headline rather than governing. Plus, why the rush? Legislators are already scheduled to return in January.

More snags — Additionally, the governor is asking Republicans to take on the business community, a source of big donations. Lastly, it appears that DeSantis' push to make it clear that local governments can't impose mandates and to revisit the Parent's Bill of Rights signals some recognition that the governor's recent actions in those areas were in a legally murky area. Suffice to say, this has the potential to be a bit messy in the days and weeks ahead.

— WHERE'S RON? — Gov. DeSantis is scheduled to be in San Francisco for a fundraiser hosted by Silicon Valley investor David Sacks.

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

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DRIVING THE DAY

QUITE THE READ — "The 'bad cop' who rules Miami," by POLITICO's Marc Caputo: In a police department with a history of brutality, Captain Javier Ortiz holds a special distinction as Miami's least-fireable man with a badge, a gun and a staggering history of citizen complaints for beatings, false arrests and bullying. Over his 17 years on the job — including eight as the union president of the Fraternal Order of Police in South Florida — 49 people have complained about him to Internal Affairs as he amassed 19 official use-of-force incidents, $600,000 in lawsuit settlements and a book's worth of terrible headlines related to his record and his racially inflammatory social media posts, many of which attacked alleged victims of police violence.

Photo of Miami Police Captain Javier Ortiz from January 2020

Miami Police captain Javier Ortiz speaks during a meeting at the Miami City Hall in January 2020. | Matias Ocner/Miami Herald via AP

Still here — Yet Ortiz has repeatedly beat back attempts to discipline him. He returned to work in March from a year-long paid suspension during which state and federal investigators examined whether he "engaged in a pattern of abuse and bias against minorities, particularly African-Americans … [and] has been known for cyber-stalking and doxing civilians who question his authority or file complaints against him." The investigation was launched after three Miami police sergeants accused him of abusing his position and said the department had repeatedly botched investigations into him.

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down and who really has the president's ear in West Wing Playbook, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

... DATELINE TALLAHASSEE ...

SEE YOU IN NOVEMBER? — "DeSantis calls for special Florida legislative session to fight Biden's vaccine mandate," by POLITICO's Arek Sarkissian: Gov. Ron DeSantis on Thursday called for a special legislative session to block the Biden administration's vaccine mandates, taking the most aggressive action yet in his ongoing fight with the White House over Covid restrictions. The GOP governor, who has built a national reputation fighting against coronavirus-related lockdowns and mandates, said during a news conference in Pinellas County that the special session will yield a set of protections that will prevent Biden's vaccine mandates from being enacted in Florida. "We have an opportunity here to take additional action, and I think we have to do it," said DeSantis, who previously also said he would challenge the mandates in court.

FROM GOVERNOR'S OFFICE TO CAMPAIGN STORE — Gov. Ron DeSantis' office staged the press conference in Clearwater where the governor announced his plans to call a special session. At the event, several participants held up yellow signs that featured a knockoff of the Gadsden flag. But instead of having a rattlesnake, the signs had an alligator and the words "Don't Tread on Florida." Within hours, however, shirts, flags and beverage coolers adorned with the exact same logo were being featured for sale by DeSantis' political committee.

'Our office didn't coordinate' — Christina Pushaw, a spokesperson for DeSantis, told Playbook that a graphic designer who works for the state made the poster boards used for the official event. "During the live stream of the press conference, many social media users commented on the gator signs held by attendees. I think it's safe to assume that the political team saw them in the public domain, liked the concept, and designed their own version of the gator Gadsden flag for their merchandise. Our office didn't coordinate with the political team on their merchandise, nor did they coordinate with us on the signs for the Clearwater presser."

IN THE SHADE — "Repeal Florida law that blocks scrutiny of redistricting records, 2 lawmakers say," by Miami Herald's Mary Ellen Klas: "This week, [Sen. Annette] Taddeo and Rep. Joe Geller filed bills to end the legislative exemption on redistricting records. They argue that it is an important step to assuring the public that lawmakers are following the law. Republican leaders have seen the bills before — Taddeo and former Miami Sen. Jose Javier Rodriguez filed them in the past — but the proposals never got a hearing. 'Let's be real,' said Taddeo, a Miami Democrat who is running for governor. 'Regular people don't draw maps. I just think this is so important that it needs to be done in complete sunshine.'"

STATE SENATOR SHARES DIAGNOSIS — "Tina Polsky turns breast cancer diagnosis into advocacy," by Florida Politics' Christine Jordan Sexton: "Sen. Tina Polsky, a lawyer and rising star among Democrats, has been diagnosed with stage 1 breast cancer and will begin treatment next week at Boca Raton Regional Hospital Lynn Cancer Institute. Polsky, 53, self detected a suspicious mass about a month and a half ago and, after a biopsy showed it was cancerous, underwent a lumpectomy on Sept. 27. She is awaiting the results of one more test, but for now, she is scheduled to treat the cancer with radiation."

WHO LOVES THE SUN? — " Florida Power & Light Co. would see big boost in solar under rate settlement," by POLITICO's Bruce Ritchie: Florida Power & Light Co. will more than double its solar power plants in the next four years under a proposed rate settlement agreement the state will consider next week. FPL's agreement with the Office of Public Counsel and other groups still faces opposition. But an overlooked part of the deal is the huge boost in solar for FPL. The utility already owns more solar generating capacity than any other utility in the nation, according to Wood Mackenzie, an energy research and consulting group.

— Influence Magazine announces 2021 Golden Rotunda award winners

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CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said that there were 2,357 Covid-19 infections on Wednesday. The U.S. Department of Health and Human Services reported that 2,672 beds were being used in the state for Covid-19 patients. The Florida Hospital Association reported Thursday that 11.1 percent of adult patients in intensive care units are infected with Covid-19.

THIS IS FLORIDA'S TOP HEALTH OFFICIAL — "Florida Surgeon General Ladapo questions COVID-19 vaccine effectiveness, safety," by Orlando Sentinel's Steven Lemongello: "New Florida Surgeon General Joseph Ladapo, who runs the state's coronavirus response, questioned Thursday whether COVID-19 vaccines work well and said more should be done to highlight 'adverse reactions' to them. 'It doesn't matter how often some of our public health leaders insist on TV that people have to take these vaccines and they're safe,' Ladapo said at a Gov. Ron DeSantis news conference in Clearwater. 'Let's have an open discussion about risks and benefits.'"

HEATING UP — "Mayor Demings on Gov. DeSantis's criticism of Orange County's vaccination mandate: 'Bring it on,'" by Orlando Sentinel's Stephen Hudak: "This marks the latest chapter in a feud between the Republican governor and the Democratic mayor of one of the state's most populous counties. The two have been at odds on everything from mandates surrounding masks and vaccines, to the roles of government throughout the pandemic. For weeks, the county has been under threat from the state to be fined $5,000 per violation for imposing a mask mandate, meaning penalties could total into the millions."

Firing back — "At [Orange County Mayor Jerry] Demings' press briefing Thursday, he said he hadn't heard from the state about totals. 'They seem to care more about using firefighters as political pawns, rather than public servants who are entrusted to protect and serve,' Demings said to state leaders."

TO COURT — "Military service members, contractors file class action suit halt COVID-19 vaccine mandate ," by Naples Daily News' Rachel Heimann Mercader: "A lawsuit filed in Tampa and representing Southwest Florida asks for a temporary restraining order and injunction regarding service members and a mandatory COVID-19 vaccine order, the plaintiffs including a nursing mother and those claiming religious exemptions. The federal class action suit is filed against President Joe Biden, U.S. Secretary of the Department of Defense Lloyd Austin and U.S. Secretary of the Department of Homeland Security Alejandro Mayorkas on behalf of members from all five branches of the military and several civilian contractors."

CAMPAIGN MODE

HARDY UNDER FIRE — "Congress candidate Omari Hardy defends his stance on Israel. Jewish Democrats urge his defeat," by Sun Sentinel's Anthony Man: "Congressional candidate Omari Hardy is reiterating his positions on two major issues involving U.S. policy toward Israel, putting him at odds with Jewish leaders in the Democratic Party and fueling a controversy he started a week ago. The Florida Democratic Party Jewish Caucus said it 'opposes the election of Omari Hardy because of his positions on these fundamental issues.' And U.S. Rep. Debbie Wasserman Schultz, a Broward/Miami-Dade County Democrat and the first Jewish woman from Florida elected to the U.S. House repudiated Hardy's positions, though she didn't mention him by name."

CLOSING THOUGHTS — "Prosecutors urge conviction of Giuliani associate," by POLITICO's Josh Gerstein: Prosecutors asked a federal jury on Thursday to convict a business associate of President Donald Trump's lawyer Rudy Giuliani of funneling more than $150,000 from a Russian businessman into American political campaigns, in a bid to score lucrative licenses in the United States' booming legal cannabis industry. However, a lawyer for the defendant, Florida businessman Lev Parnas, said that the donations were legitimate and that there was a lack of evidence the donations were directed from abroad or given on behalf of others — actions that violate U.S. campaign finance laws.

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we've got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don't miss out on this influential global community. Subscribe now.

DATELINE D.C.

MOVING AHEAD — "House votes to hold Steve Bannon in criminal contempt," by POLITICO's Kyle Cheney and Olivia Beavers: "The House voted Thursday to hold Steve Bannon, a longtime ally of Donald Trump, in criminal contempt of Congress for refusing to testify about his communications with the former president. In a 229-202 vote, with nine House Republicans joining all Democrats, the chamber moved to hold Bannon in contempt for defying a subpoena to testify to the select committee investigating the Jan. 6 Capitol attack."

Party line split — Florida's congressional delegation split along party lines on the Bannon vote and no Republicans from the state joined Democrats. Rep. Stephanie Murphy is on the House select committee investigating the Jan. 6 attack. On the House floor she called the attack "a desecration of the principles and values that make America exceptional. Patriots of all political stripes should want to protect this country and her constitution."

LIMBO — " Navy awaits decision in Congress whether to decommission 2 Mayport LCS," by Florida Times-Union's Steve Patterson: "Less than five years after the USS Little Rock and USS Detroit sailed into Naval Station Mayport as freshly commissioned warships, the littoral combat ships have been scheduled for decommissioning. Whether that will really happen will depend on choices Congress hasn't made yet. But the plan to retire the vessels, which entered Navy service in 2017 and 2016 respectively, underscores a bureaucratic risk facing all of Mayport's LCS fleet, whose unforeseen costs and technical struggles have made them exceptionally vulnerable to federal budget-cutting."

— "Merrick Garland unsure whether Ron DeSantis has cooperated with his office," by Florida Politics A.G. Gancarski

— "Charlie Crist splits with Joe Biden administration, criticizes IRS reporting proposal," by Florida Politics' Kelly Hayes

THE GUNSHINE STATE

NEW ROLE — "Activist dad of school shooting victim joins anti-gun group," by The Associated Press' Will Weissert: "The father of a 14-year-old girl killed in the 2018 Florida high school shooting massacre announced Thursday that he's joining the top ranks of an anti-gun violence group to promote like-minded political candidates around the country ahead of next year's midterm elections. Fred Guttenberg will be a senior adviser to Brady PAC. His daughter Jaime, an aspiring dancer and gymnast, died with 16 others during the Valentine's Day 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida."

PENINSULA AND BEYOND

WARNING — "Haiti gang threatens to 'put a bullet' in all 17 hostages, including 16 Americans," by Miami Herald's Jacqueline Charles : "The notorious Haiti gang that kidnapped 16 Americans and a Canadian on the outskirts of Port-au-Prince on Saturday is threatening to 'put a bullet' in the heads of the hostages if its ransom demand of $17 million is not met. In a video being widely circulated, Wilson Joseph, a leader of the 400 Mawozo gang, said those who haven't 'paid the bills yet' need to finish doing so. 'I swear by thunder that if I don't get what I'm asking for, I will put a bullet in the heads of these Americans,' he said."

— " The around-the-clock prayer effort to save the Haiti hostages," by The New York Times' Elizabeth Dias and Ruth Graham

— "Key suspect arrested in Haitian president's assassination. Nation's police chief resigns," by Miami Herald's Jacqueline Charles

PLEA DEAL — "Collections agency founder pleads guilty to lesser charge in federal corruption case," by Palm Beach Post's Andrew Marra: "A Palm Beach Gardens debt-collection magnate accused of attempting to bribe three Florida clerks of courts and a fourth in Chicago has pleaded guilty to a lesser charge. The deal brings a close to a federal corruption probe that sparked a statewide audit of the company's dealings and prompted several Florida clerks offices to stop employing the company, Penn Credit, including Palm Beach County."

— "FBI: Remains found in Florida park ID'd as Brian Laundrie," by The Associated Press Curt Anderson

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ODDS, ENDS AND FLORIDA MEN

BIRTHDAYS: State Sen. Jim Boyd … Chris Doolin of Christian B. Doolin & Associates .... (On Saturday) State Rep. Patricia Williams … former Sen. Mel Martínez … (On Sunday) state Rep. Kamia Brown … Katie Sanders, managing editor at Politifact

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