Monday, November 15, 2021

POLITICO Florida Playbook: Showtime for DeSantis' battle over mandates

Presented by Florida Education Champions: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Nov 15, 2021 View in browser
 
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By Gary Fineout

Presented by Florida Education Champions

Hello and welcome to Monday.

Telegraph Road Gov. Ron DeSantis wanted a special session. So he got one that starts today.

Sultans of swing The governor and potential 2024 presidential contender is getting plenty of national headlines and television coverage for his sharp criticism of the Biden administration's mandates about the "jab." (It's no longer a medical procedure, but an assault.) Lost in the blur of this media attention is what the governor is actually getting — and what he isn't.

So far away Florida's Republican governor won't get the legislative measures he wanted despite his public assertion that he didn't walk back anything. His bid to strip Covid-19 legal protections from mandate-happy businesses fizzled. As did he bid to subject private employers to workers' compensation claims over vaccines. Businesses will be subject to hefty fines if they don't provide exemptions to workers who don't want to get shots.

Down to the waterline DeSantis will also get legislators to bend the law to fit his administration's interpretation on mask mandates and vaccine requirements for public employers. There won't be any admission that what the governor was doing up to this point was legally dubious. Instead it's being billed as clarifying what school districts and local governments can do.

Fade to black And to be clear — despite a flurry of legal activity over the last few months — the core legal issues were not completely resolved. Still once this week is over the ambiguity over the governor's actions since August (when he wanted a special session on school mask mandates and was quietly rebuffed) will finally be aligned with the actual law.

Why worry? But then what happens next? The law that will pass this week sets Florida up on a collision course with the Biden administration. Some business — namely hospitals relying on millions in federal health care funding — have already said they will follow federal vaccine mandates, not whatever the state comes up with.

Brothers in arms The Biden vaccine mandate for private employers is already under serious legal scrutiny and past fights over emergency workplace standards augur the point of view from DeSantis and Attorney General Ashley Moody and others that they are legally dubious.

Skateaway One equally important point: The main bill up for consideration this week will sunset all of its important provisions in June 2023. So in other words, this is a fight over the here and now — a battle to be waged ahead of the governor's re-election. It's about trying to win an argument.

— WHERE'S RON? — Gov. DeSantis is scheduled to be the keynote speaker at NFIB's 4th annual Boots and Business dinner in Tallahassee.

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:

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Driving the Day

IT STARTS — "Special legislative session pits Gov. DeSantis, GOP lawmakers against Biden," by USA Today Network-Florida's John Kennedy: "Dismissed mostly as political theater by opponents, Florida lawmakers return Monday to the Capitol for a special session demanded by Gov. Ron DeSantis to break with the Biden administration's push for larger businesses to assure that their employees are vaccinated. DeSantis has condemned Biden's actions as unconstitutional and a federal overreach. But Florida businesses are privately uneasy about the move by their staunch Republican allies – fearing it forces companies to choose between following federal or state law."

BANKROLLING IT — " Special session could add millions of dollars to DeSantis' fight against Biden vaccine mandates," by POLITICO's Arek Sarkissian : If this week's special session goes according to plan for Gov. Ron DeSantis, he'll have $5 million to fight President Joe Biden's vaccine mandates. The Legislature will begin a week-long session on Monday to consider four bills that take aim at the Biden Administration's vaccine requirements for private employees and other Covid-related restrictions. Lawmakers will ask for a total of $6 million, with $5 million for lawsuits filed by General Ashley Moody to stop Biden's vaccine requirements in court. The remaining $1 million will be used by the state to study federal oversight.

Dems respond But House Minority Leader Evan Jenne said neither the legislative session nor the federal court battles are meant to address policy. "This is political theater, which will become judicial theater, if Donald Trump doesn't run, for the governor to run as president," Jenne said. "But he still has to wait for the green light for that one."

Florida Gov. Ron DeSantis' policies have raised his national profile, turning him into the leading 2024 presidential contender if former President Donald Trump doesn't run.

Florida Governor Ron DeSantis flanked by Attorney General Ashley Moody, right, and supporters addresses the media and supporters Thursday, Oct. 28, 2021 in Lakeland Fla. The state of Florida on Thursday sued President Joe Biden's administration over its coronavirus vaccine mandate for federal contractors, opening yet another battleground between Republican Gov. Ron DeSantis and the White House. The lawsuit, announced by DeSantis at a news conference, alleges the president doesn't have the authority to issue the rule and that it violates procurement law. (Calvin Knight/The Ledger via AP) | Calvin Knight/The Ledger via AP

THE AGENDA — "DeSantis talked tough on employer vaccine mandates. Legislators reined him in," by Miami Herald's Mary Ellen Klas: "When Gov. Ron DeSantis announced last month that he wanted to call a special session to penalize companies that require employees to be vaccinated for COVID-19, Sen. Aaron Bean, a veteran Republican lawmaker who has spent much of his 17-year legislative career working on healthcare issues, knew the idea was going to have problems. 'I want to stand for freedom,' said Bean, of Jacksonville. 'But there's also the argument that if I own a small company, and I have underlying health conditions, and I want to make sure all those that interact with me are safe, are vaccinated, who are we to tell that small business owner what they can't do?'"

— "Florida business interests flag concerns with vaccine mandates bans," by Florida Politics' Christine Jordan Sexton

— "DeSantis brings back Florida lawmakers to crack down on pandemic mandates," by Washington Post's Lori Rozsa

 

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CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said there were 1,414 Covid-19 infections on Friday. The U.S. Department of Health and Human Services reported that 1,439 hospital beds were being used in the state for Covid-19 patients.

The toll The Florida Department of Health reported on Friday that 60,697 have been killed by Covid-19 since the start of the pandemic in March 2020 including 33 deaths recorded in the past week. Nearly 36 percent of the state's fatalities have been recorded since July 30.

RESPONSE — "Feds push back in vaccination court fight with Florida, Alabama and Georgia ," by News Service of Florida's Jim Saunders: "Biden administration attorneys late Friday urged a federal appeals court to reject a request by Florida, Georgia and Alabama to put on hold a rule that would require tens of millions of workers nationwide to be vaccinated against COVID-19 or be regularly tested and wear masks. In a 26-page document filed at the 11th U.S. Circuit Court of Appeals, federal attorneys said the rule, issued this month by the Occupational Safety and Health Administration, is expected to save thousands of lives."

FOLLOW THE MONEY — "Major business lobbies donate heavily ahead of COVID-19 vaccine mandate special session today," by Orlando Sentinel's Gray Rohrer: "At the same time, the chamber and another major business lobby, Associated Industries of Florida, were giving large donations to legislative leaders' political committees and working to fend off one of DeSantis' most aggressive ideas to thwart COVID-19 vaccine requirements: stripping liability protections away from businesses with mandates. DeSantis has convened a weeklong special session that begins today. But when DeSantis unveiled the bills alongside legislative leaders on Nov. 9, the liability provision wasn't included. In October alone, Senate President Wilton Simpson, a Trilby Republican who is running for agriculture commissioner in 2022, received $525,000 from committees backed by the chamber and AIF."

'IT HITS HOME' — "Young Floridians and Hispanics saw the greatest increase in COVID vaccinations as thousands died," by Sun Sentinel's Cindy Krischer Goodman, Spencer Norris and David Schutz: "With nearly 2,500 people a week in Florida dying during the peak of the delta wave, the groups most devastated saw the largest increase in COVID vaccinations. Two of the groups most hesitant to be vaccinated — 25-to-44-year-olds and the Hispanic population — led the state in new vaccinations while the delta wave took its toll on the state. … The data — obtained by the Sun Sentinel and other news media as a result of a lawsuit against the Florida Department of Health — offers the most comprehensive account yet of how segments of the population in individual Florida counties reacted to the delta wave."

SHOWDOWN — "This elected leader worked remotely during COVID. Now he may get fired," by Sun Sentinel's Lisa J. Huriash and Brittany Wallman: "A 73-year-old elected official who worried about contracting COVID-19 faces losing his job — because he only showed up virtually for business during the pandemic. Miramar city leaders are expected to vote Monday whether to fire Commissioner Winston F. Barnes, concluding that leaders 'may punish its own members for misconduct,' according to the city's documents. Officials said he can be fired because he broke the city's rules by not attending commission meetings in person for three months."

— " All Tallahassee Memorial and Capital Regional workers must be fully vaccinated by Jan. 4," by Tallahassee Democrat's Christopher Cann

NOW LIVE! POLITICO Pro has launched the Project Library to give Premium users a head start when tracking critical issues moving across the policy landscape. Our expert editors have created sample projects that feature the leading players, bills and regulations, news articles and Premium analysis content on key topics.

Check out our Project on Covid-19 vaccines, which features contact info for key power players at the CDC, DataPoints on vaccination rates and a Pro Analysis looking at how vaccine distribution has progressed.

 

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CAMPAIGN MODE

EVERY VOTE COUNTS — "Cherfilus-McCormick 'apparent winner' of primary, defeating Holness by 5 votes," by Sun Sentinel's Anthony Man: "Sheila Cherfilus-McCormick was declared the winner of the South Florida 20th Congressional District Democratic primary on Friday — 10 days after Election Day — finishing five votes ahead of Dale Holness. 'It still seems like it's unreal. But I want to thank the voters in Broward and Palm Beach counties,' Cherfilus-McCormick said Friday evening."

— "Charlie Crist, Annette Taddeo added as speakers for Tampa Democratic fundraiser ," by Tampa Bay Times' William March

— "Joined by U.S. Sen. Rick Scott, Iowa GOP touts local election wins and predicts 2022 wave," by Des Moines Register's Ian Richardson

— "Alan Cohn 'strongly considering' run in reimagined CD 15 ," by Florida Politics' Jacob Ogles

DATELINE D.C.

HIDE AND SEEK — "Demings rips Rubio for skipping 14 Senate hearings amid GOP boycotts," by Orlando Sentinel's Steven Lemongello: "U.S. Sen. Marco Rubio has missed as many as 14 Senate hearings over the past two months, a practice the Republican was criticized for six years ago as he launched a bid for the presidency. But many of his absences since September have been part of either a GOP boycott of the Small Business Committee or a pledge to not vote for any of President Biden's State Department nominees."

VERDICT— " 73-year-old Sarasota County man convicted of threatening three members of Congress," by Sarasota Herald-Tribune's Earle Kimel: "A south Sarasota County man was found guilty by a federal jury of making threatening calls to three separate members of Congress in early 2020. Frank Anthony Pezzuto, 73, who lives in unincorporated Sarasota County between South Venice and Englewood, was found guilty of 'transmitting in interstate commerce a communication containing a threat to injure the person of another,' following a two-day trial in the U.S. District Court, Tampa Middle District. The verdict was released Monday. Pezzuto is a registered Democrat — as are the three U.S. representatives he is convicted of threatening."

 

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TRUMPLANDIA AND THE SWAMP

SOLD! — "Trumps selling prized Washington D.C. hotel for $375 million," by Wall Street Journal's Craig Karmin: "Donald Trump's family hotel company has reached an agreement to sell the rights to its glittering Washington, D.C., hotel for $375 million, according to people familiar with the matter. CGI Merchant Group, a Miami-based investment firm, is in contract to acquire the hotel lease for the Trump International Hotel, which is located a short walk down Pennsylvania Avenue from the White House. CGI intends to remove the Trump name, and it has reached a deal with Hilton Worldwide Holdings Inc. to have the property branded and managed by Hilton's Waldorf Astoria group, these people said."

FINALLY RETURNED — "Mar-a-Lago trespasser deported to China 2 years later," by The Associated Press: "A Chinese businesswoman convicted of trespassing at President Donald Trump's Mar-a-Lago club and lying to Secret Service agents was deported over the weekend, federal authorities said, more than two years after serving her sentence. Yujing Zhang was turned over to immigration officials in December 2019 after serving her eight-month sentence. But she was held at the Glades County Detention Center for three times as long as her prison term mainly because of deportation delays during the Covid-19 pandemic, immigration authorities told the Miami Herald."

OFFICIAL BUSINESS

NEW HIRE FOR BALLARD — Jordan Elsbury, who had been chief of staff for Jacksonville Mayor Lenny Curry since June 2020, is joining Ballard Partners as the managing partner of the firm's Jacksonville office. Ellsbury previously worked as the mayor's director of intergovernmental affairs. "Jordan's pre-eminent public service at the highest levels in the city of Jacksonville will make him an indispensable asset to our firm's clients in Florida's most populous city," said Brian Ballard, the firm's president and founder. Ellsbury got his start in Louisiana politics in 2014 and worked for the state's Republican Party. He joined Curry's 2015 mayoral bid as a campaign coordinator.

PENINSULA AND BEYOND

CONFRONTATION — "Exiles march in Miami as crackdown intensifies ahead of Monday protest in Cuba," by El Nuevo Herald's Nora Gámez Torres: "The Cuban government and the opposition are on a clashing path this weekend. Authorities are conducting widespread police interrogations, detentions and so called acts of repudiation in anticipation of an opposition march planned for Monday that the government has said it will not allow because it claims it is part of a U.S. interventionist plan. Cubans in several cities worldwide have organized demonstrations in solidarity with the Cuban people and the young artists and activists of Archiepiélago, the group that called the march."

CONVICTED — "Jury: Jacksonville Navy officer guilty of gun crimes to help Chinese business executive," by Florida Times-Union's Steve Patterson: "Jurors convicted a Jacksonville-based U.S. Navy officer Friday of federal gun crimes, conspiracy and lying about his relationship with a Chinese business executive who's now in prison for export crimes. Lt. Fan Yang, 36, was indicted in 2019 with three other people after investigators used special Foreign Intelligence Surveillance Court warrants to gather information about the gun-loving executive, Shanghai Breeze Technology Co. Chairman Ge Songtao. The others all took plea deals but Yang insisted on his innocence and stood trial the past two weeks on charges that were separate from the export scheme that put Ge behind bars."

— "UF professors accuse task force examining expert testimony of having its own conflicts," by Miami Herald's Jimena Tavel

— "From pigs to gators, Florida deputy rescues critters," by Fort Myers News-Press' Michael Braun

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ODDS, ENDS AND FLORIDA MEN

— "Tourist dies in Florida Keys after diving into water for a football," by Sun Sentinel's Susannah Bryan: "A San Diego man died in the Florida Keys after diving into shallow water from a boat to catch a football on Saturday, authorities said. The Monroe County Sheriff's Office identified the 46-year-old man as Liam John Daly. People on the boat told deputies Daly took a diving leap into the water. When he came back up to the surface he was facedown and unresponsive."

— Joshua Woodward, legislative director for Rep. Kat Cammack (R-Fla.), and Katie Abrames, a legislative analyst for the Senate Foreign Relations Committee, got engaged Saturday at the Constitution Gardens on the National Mall. They met in former Rep. Mark Walker's (R-N.C.) office and have been together for four-and-a-half years. Pic

BIRTHDAYS: State Rep. Michael Gottlieb … State Rep. Will RobinsonGayle Andrews, corporate and political media consultant … Wayne Bertsch, communications and government relations liaison for Pasco County schools ... Trimmel Gomes of Gomes Media Strategies

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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