Thursday, October 28, 2021

POLITICO Florida Playbook: Lawsuit dislodges election dates from DeSantis

Presented by Florida Education Champions: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
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By Gary Fineout

Presented by Florida Education Champions

Hello and welcome to Thursday.

Yesterday's papers — Well, it appears that a lawsuit may be the only way to get the attention of Gov. Ron DeSantis.

Out of time DeSantis on Wednesday finally issued an executive order setting the dates for special elections for three legislative seats that will become vacant in January. Sen. Perry Thurston and Reps. Bobby DuBose and Omari Hardy all turned in their resignation letters in late July when they qualified for the crowded race for Florida's 20th Congressional District. The governor's order came less than two weeks after a lawsuit was filed in circuit court. Judge Angela Dempsey had given the governor's office until Nov. 8 to explain why the court should not order him to set an election date.

Take it or leave it The lawsuit filed on behalf of four South Florida voters included some inconvenient facts for DeSantis: Between 1999 and 2020 the average time it took for a Florida governor to call an election was 7.6 days. For example, DeSantis set a special election to fill the seat of Sen. Tom Lee — who resigned halfway through his term — just two days after Lee turned in his resignation later.

Sittin' on a fence — This is now the second time that the Republican governor had to be sued to set an election date. After Rep. Alcee Hastings died in April it took DeSantis more than a month to schedule the election to find his successor. He finally acted just days after a lawsuit was filed over that delay. The Democratic primary in that race is next Tuesday and the general election is slated for mid-January.

It's not easy The executive order DeSantis issued this week sets the primary date for the three South Florida legislative seats for Jan. 11, and the general election on March 8. Translation: This means Democrats — already in the minority in the Florida Legislature — could be down three more votes for the bulk of the 2022 session that starts early next year.

High and dry Theresa Lee with Harvard's Election Law Center and one of the lawyers representing voters who sued DeSantis said in an email that while everyone is "thrilled" the lawsuit "forced the governor's hand to carry out the duties of his office" they are not satisfied with the dates he picked out. "His calling for the elections on a timeline that could leave these districts without representation for almost the whole of the 2022 legislative session continues to be a slap in the face of voters of color," Lee said. Lee added that her organization is "considering all possible routes for further relief."

— WHERE'S RON? — Gov. DeSantis is scheduled to give the keynote address at the Florida Chamber of Commerce's annual meeting and Future of Florida forum being held in Orlando.

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

 

A message from Florida Education Champions:

Florida voters demanded their voice be heard on the issue of expanded gambling. Our amendment does just that allowing the people to vote to authorize sports and event betting at professional sports venues, pari-mutuel facilities and statewide via online sports betting platforms. The benefit is that hundreds of millions of dollars generated from tax revenues must go to supplement public school funding through Florida's Educational Enhancement Trust Fund. Learn more and sign the petition.

 


CAMPAIGN MODE

FINALLY — "DeSantis sets special elections for South Florida legislative seats after months of delays — and lawsuit," by Sun Sentinel's Anthony Man: "Gov. Ron DeSantis set special elections for three soon-to-be-vacant state legislative seats Wednesday night, an action he'd delayed for months. DeSantis acted just 12 days after the Harvard Election Law Clinic filed a lawsuit on behalf of Broward and Palm Beach County voters seeking a judge's order compelling him to set the election dates."

FIRST IN PLAYBOOK 314 Action Fund, a group formed to help get scientists and doctors elected, is launching a "five-figure" digital ad campaign to help Barbara Sharief in the crowded Democratic primary for Florida's 20th Congressional District. Sharief, a Broward County commissioner who has nursing degrees and started her own home health care company, is one of 11 Democrats who are on the ballot in next Tuesday's election. "Dr. Barabara Sharief brings years of experience to the table as a nurse, advocate and lawmaker," Josh Morrow, the executive director of 314 Action Fund, said in a statement. "We are proud to have her back ahead of November 2nd and look forward to helping elect another STEM professional whose voice is so needed in Congress."

LAST-MINUTE PUSH — "Newly created super PAC starts running TV ads in final stage of South Florida congressional race," by Sun Sentinel's Anthony Man: "A newly created super political action committee, called Florida Democratic Action, began cable TV advertising Wednesday on behalf of congressional candidate Omari Hardy. It's the first time Hardy has been on TV in paid advertising in a contest in which several of his opponents — Sheila Cherfilus-McCormick, Barbara Sharief and Perry Thurston — have been on the air for months."

BIG FINE — " Ethics panel recommends maximum $20,000 fine for sham cafndidate in Miami Senate race," by Miami Herald's Ana Ceballos and Samantha J. Gross: "A state ethics panel has recommended that a no-party candidate be fined $20,000 and formally reprimanded by Gov. Ron DeSantis for violating campaign finance laws, which included accepting money from a Miami Republican operative prior to qualifying to run in a 2020 state Senate race. Alexis Pedro Rodriguez last week reached a settlement with the Florida Commission on Ethics, which found that he had filed inaccurate campaign documents with the state and accepted money from former Republican Sen. Frank Artiles with the understanding that he would change his party affiliation from Republican to no party to qualify to run in the Senate District 37 election."

SHHH — "DeSantis seeks to block testimony over Florida's new elections law," by News Service of Florida's Jim Saunders: "The state is asking a federal judge to block subpoenas that would require seven Republican legislators and a representative of Gov. Ron DeSantis' office to testify about a controversial new elections law. Attorneys for the lawmakers and DeSantis' office filed motions last week to quash the subpoenas, which were issued by groups that have filed cases contending that the law is unconstitutional and designed to suppress voting by groups such as Black Floridians."

SIGNING UP — " Police reformers stay skeptical of Val Demings, but other progressives back her Senate run," by Orlando Sentinel's Steven Lemongello: "In 2020, U.S. Rep. Val Demings took some heat from progressives and police reform advocates when her name was floated as Joe Biden's running mate, largely over her record as Orlando police chief. A year later, some of that skepticism remains about the Orlando Democrat. But now, her campaign to unseat Republican U.S. Sen. Marco Rubio next year and an increased focus on health care and economic issues have most progressive groups generally positive about her."


Reps. Debbie Wasserman Schultz, Kathy Castor and Kat Cammack

Florida Reps. Debbie Wasserman Schultz, Kathy Castor and Kat Cammack at Oct. 27th Congressional women's softball game | Photo provided by Rep. Wasserman Schultz's office

 

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... DATELINE TALLAHASSEE ...

MAY THE ODDS BE EVER IN YOUR FAVOR — "Florida lawmakers seek to expand troubled gambling addiction hotline," by POLITICO's Arek Sarkissian: Florida House lawmakers have filed a bill that would expand the state's gambling addiction helpline as the nonprofit contractor responsible for running it continues a legal battle accusing its co-founder of using the group's retirement fund to make real estate deals.

Hmm — The bill would also move oversight of the Council on Compulsive Gambling from the Florida Department of Business and Professional Regulation to the state Gaming Control Commission, which was created as part of legislative overhaul from May under the office of state Attorney General Ashley Moody.
The proposed shift in supervision comes as the council continues to address two federal lawsuits, one of which was filed by the U.S. Department of Labor. The Labor Department complaint accuses the council's former CEO and executive director of using its retirement fund to make loans toward a North Carolina real estate deal that sent one company into bankruptcy. Sen. Dennis Baxley said he was unaware of the federal lawsuits.

GUESS IT IS WHO YOU KNOW — " Florida Surgeon General Ladapo was rushed into UF College of Medicine job, emails show," by USA Today Network-Florida's Jeffrey Schweers and Danielle Ivanov: "The trove of emails provided to the Gainesville Sun open a window to the compressed timeline and high pressure involved in hiring [Dr. Joseph] Ladapo just before the governor announced his choice for surgeon general the day after his predecessor, Dr. Scott Rivkees, also a [University of Florida] College of Medicine professor, stepped down. 'As we discussed, I would like to introduce you to Joe, who we are interested in recruiting to UF Health and potential FL Surgeon General position,' Dr. David Nelson, senior vice president for health affairs at UF and president of UF Health, told his leadership team in a Sept. 3 email."

Oops — "His statement contradicts comments made by [Gov. Ron] DeSantis at a Sept. 21 press conference introducing Ladapo and announcing him as the replacement for Rivkees, who had been state surgeon general since April 2019. 'I don't think anyone who interviewed him knew he was going to be appointed to this,' DeSantis said, adding that he thought Ladapo had pursued the UF job on his own."

FALLOUT — "Sen. Tina Polsky said she's gotten support — and threats — since run-in with Florida surgeon general Ladapo," by Palm Beach Post's Wendy Rhodes: "Despite the recent outpouring of support following numerous high-profile appearances on national cable news shows in the past few days, [Sen. Tina] Polsky said, she has endured threats to her life. 'They left horrible messages for me and requested my death, among other things,' she said. 'Stuff like, 'You should die of your cancer, if you are so sick you shouldn't be out in public, masks don't work you liberal piece of … fill in the blank.' Some of the attacks came after Polsky was called out on social media for being in the presence of two Democratic colleagues without a mask on the same day as the thwarted meeting with [Dr. Joseph] Ladapo. But those two senators are people Polsky knows have recovered from COVID-19 and are now both fully vaccinated, she said."

NOT BENDING — "'Have some manners': Wilton Simpson doubles down on Jospeh Ladapo admonishment," by Florida Politics' Christine Jordan Sexton: "Senate President Wilton Simpson on Wednesday stood behind his public rebuke of Florida Surgeon General Dr. Joseph Ladapo, saying '(H)e should have some manners.' Simpson did not say whether the Florida Senate would confirm Ladapo, Gov. Ron DeSantis's choice to run the Florida Department of Health. Lawmakers are expected to vote on that confirmation in the upcoming Session that begins in January. But Simpson said his initial reaction to a now nationally debated gaffe is fair. 'We don't have a mask mandate in the Florida Senate or a vaccine mandate or anything else,' Simpson told Florida Politics. 'But what I said was, '(Y)ou are going to treat senators with respect.'"

— "Crist and Fried want Florida's new surgeon general gone," by WFSU's Robbie Gaffney

— "Wilton Simpson: Special session discussion underway, details coming possibly by Friday," by Florida Politics' Christine Jordan Sexton

 

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CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said there were 1,887 Covid-19 infections on Tuesday. The U.S. Department of Health and Human Services reported that 2,254 hospital beds were being used in the state for Covid-19 patients.

TAKING IT AWAY — "Florida bucks Biden, strips federal aid from mask mandate schools," by POLITICO's Andrew Atterbury: The Florida Department of Education this week stripped local school boards of federal aid money over their masking policy, directly defying the Biden administration, which cautioned the state against the sanctions. Florida officials yanked the federal grant money for Alachua and Broward counties that was meant to offset penalties for enacting a local mask mandate just one day after the U.S. Department of Education warned that the move would violate requirements in federal law, a clear sign that the state and feds are still at odds over Covid-19 policies.

— "Alachua County Public Schools Superintendent Simon 'appalled' by state withholding money," by The Gainesville Sun's Cindy Swirko

— "COVID-19 state of emergency to end in Orange County, Mayor Jerry Demings says," by Ryan Gillespie and Stephen Hudak

TRUMPLANDIA AND THE SWAMP

MAGIC 8-BALL SAYS — "A fear grows in Trumpworld: Have we gone too conspiratorial?" by POLITICO's Meredith McGraw: Nevertheless, in recent weeks, some prominent Republicans have begun warning in increasingly sharp terms that so much talk of fraud and the 2020 election could depress turnout. "I'm of the view that the best thing that President Trump could do to help us win majorities in 2022 is talk about the future,' Sen. Roy Blunt (R-Mo.), said on Meet the Press. "[B]etter off to talk about the future than to focus on the past in every election." Republican Arkansas Gov. Asa Hutchinson, meanwhile, said "re-litigating 2020 is a recipe for disaster in 2022. The election is passed, it's been certified, the states made decisions on the integrity of each of their elections and made improvements where it need be."

ON YOUR WAY — "Florida judge sends Trump suit against Twitter to California," by The Associated Press' Curt Anderson: "Former President Donald Trump's lawsuit to get his Twitter account restored must be heard in a California court, not a Florida one, under a user agreement covering everyone on the social media platform, a federal judge ruled. U.S. District Judge Robert Scola in Miami rejected Trump's contention that because his Twitter account was suspended during his last days as president the California court requirement did not apply to him."

 

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.

 
 


PENINSULA AND BEYOND

'IT IS INUMANE' — "Keep searching rubble for human remains, some Surfside families urge," by Miami Herald's Linda Robertson: "Martin Langesfeld held up an envelope from the Miami-Dade County medical examiner's office on Tuesday as he stood in front of the property once occupied by the Champlain Towers South condominium. Inside was a forensics report from July notifying the Langesfeld family about the recovery of the remains of Nicole Langesfeld, who died in the June 24 collapse of the Surfside building. 'We have a very, very, very small percentage of my sister,' Langesfeld said. 'My father had to sign a release stating we have less than 50 percent.'"

WELL NOW — "'People are allowed to shout at elected officials': Tempers flare at delegation meeting," by Pensacola News Journal's Alex Miller: "Tempers flared from the audience at the 2021 Santa Rosa County legislative delegation meeting Tuesday, culminating in state Sen. Doug Broxson rushing out of the boardroom as the meeting ended with a handful of people following after him in an attempt to voice their complaints. Shortly after, a police officer arrived to observe the meeting as state Reps. Alex Andrade and Jayer Williamson stayed to continue the discussion with constituents."

— " Panthers coach Quenneville's future in question after report citing former team's mishandling of sexual-assault investigation," by The Associated Press' Tim Reynolds

 

A message from Florida Education Champions:

Monopoly.

It's not just a board game, but a bad business practice that flies in the face of free market principles and competition.

When one entity owns and controls the market on any business, Floridians lose. And who else loses? In this case, Florida public education.

Florida Education Champions' amendment authorizes hundreds of millions of dollars generated by its passage and implementation to go directly to supplement Florida's Educational Enhancement Trust Fund – without raising taxes.

By signing the Florida Education Champions petition, you can demand the ballot question be asked to allow Floridians, 21 and older, to use their favorite online sports betting platforms and ensure any new revenue MUST go to increase education funding in Florida.

Competition. Free Market. More Options. Education Funding.

That's what will be on the November 2022 Florida ballot, with your help.

 


ODDS, ENDS AND FLORIDA MEN

— "Weather junkies turn to Florida hurricane blogger for info," by The Associated Press' Freida Frisaro: "He's become an online darling among those who turn to him for their hurricane season fix, propelling him into the realm of social media influencers. But it's his humble, down-to-earth nature that draws many to the beer-drinking, baseball- and NASCAR-loving guy who has always been fascinated by hurricanes."

BIRTHDAYS: Rep. Byron DonaldsAlia Faraj-Johnson , public relations consultant and spokesperson for the Republican Party of Florida ... Tiffany Vause, deputy chief of staff at the Agency for Health Care Administration ... Bill Pfeiffer of Pfeiffer Law Group.

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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