Wednesday, March 30, 2022

POLITICO Florida Playbook: Florida prepares to rumble yet again over redistricting

Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Mar 30, 2022 View in browser
 
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By Gary Fineout

Good Wednesday morning.

(Don't Go Back To) Rockville — OK, well here we go again.

Second Guessing — After a 25-day gap, Florida lawmakers finally sent their map for the state's congressional districts to Gov. Ron DeSantis. And true to his promise, DeSantis deep-sixed it and formally called legislators back to Tallahassee for a mid-April special session to come up with a new one that might pass muster with the Republican governor.

Pretty Persuasion — Here are some things to consider after Tuesday's action: The most important one is that right now there is not a deal between the GOP-controlled Legislature and DeSantis on what that new map will actually look like and — for those watching closely — how it will perform. (The map vetoed by DeSantis would have likely allowed Republicans to win 18 of Florida's 28 districts.)

Talk About the Passion — But what DeSantis did do during a press conference with reporters — along with a memo penned by his general counsel Ryan Newman — was spell out in detail why he thought the Legislature's first map was unconstitutional.

Maps and Legends — Newman's analysis focused solely on how lawmakers handled Florida's 5th District now held by Democratic Rep. Al Lawson, who is Black. To recap: The Legislature's plan would dismantle Lawson's existing North Florida district that links Black voters in Jacksonville with those in and around Tallahassee. But, under the direction of House Republicans, they replaced it with a Jacksonville-based district that was still likely to elect a Black Democrat even though the number of Black voters had been reduced.

Finest Worksong — Well, guess what? Newman said such an approach probably violated Fair Districts, the state's voter-adopted redistricting standards. Guess who else said that? House and Senate Democrats before they voted no. Now to be clear, Newman and the governor argue that Lawson's existing district, which was included in a backup map also adopted by the Legislature and sent to the governor, also runs afoul of federal law.

Fall On Me — The Florida Senate had initially proposed keeping Lawson's seat left untouched. Interestingly, DeSantis told reporters that while he did not agree with the Senate's decision, at least he understood it. He matter-of-factly said he did not understand the House approach at all.

Sitting Still — So what happens now? It's clear that DeSantis continues to assert that minority access districts — those that lack a majority of minority voters but have enough to influence the outcome of an election — are not allowed under federal law and recent U.S. Supreme Court rulings.

Can't Get There From Here — Legislative leaders signaled that they still hope to reach a deal with the governor. It is inconceivable that Republicans would sign off on a veto override — or could even get the votes for that matter. Senate President Wilton Simpson, about to enter a GOP primary for agriculture commissioner, probably doesn't want headlines saying he handed the nation's rising Republican star his first veto override.

Carnival Of Sorts (Box Cars) — House Republicans, however, may have telegraphed a way home for the Legislature with the approach they took during the regular session: Put together a new map that does what DeSantis want. But pair it with a backup plan that puts in place a second map in case a court disagrees with the governor. Vote it out and then head to the exits and let the summer of litigation commence.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

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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MAPMAKER, MAPMAKER

LOSING MY RELIGION — "Florida's redistricting mess heads to special session after DeSantis vetoes 'defective' map ," by POLITICO's Gary Fineout: Florida Gov. Ron DeSantis kept his promise on Tuesday and vetoed a new congressional map while also calling for a mid-April special legislative session so lawmakers can craft new maps that satisfy him. DeSantis during a press conference at the Capitol contended the Legislature-approved congressional map was "defective" and violated federal law. He made clear he would be opposed to any proposal designed to keep intact districts that had a sizable minority population, but where minority voters do not constitute an overall majority. "We have a responsibility to produce maps for our citizens that do not contain unconstitutional racial gerrymanders," DeSantis said later in a statement.

... DATELINE TALLAHASSEE ...

DESANTIS V. THE MOUSE — "DeSantis says Disney 'crossed the line' in calling for 'Don't Say Gay' repeal ," by POLITICO's David Kihara: Gov. Ron DeSantis on Tuesday lashed out at the Walt Disney Co. and "California corporate executives" after the company said Florida's "Parental Rights in Education bill" — dubbed "Don't Say Gay" by opponents — should be repealed. DeSantis, a Republican who signed the bill into law on Monday, was reacting to a tweet from Disney calling on the state Legislature to repeal the law or for the courts to strike it down.

Giving it back — The company gave a little under $5 million to Florida candidates during the 2020 election cycle. But on Tuesday, state Rep. Joe Harding, a Republican lawmaker who sponsored the measure, said in a statement that he's returning all political contributions he received from Disney and its affiliates. "I'm disappointed to see Disney speak out against this legislation, which is now Florida law," Harding said.

— "' Grooming': The ubiquitous buzzword in LGBTQ debate," by The Associated Press' Kimberlee Kruesi and Karena Phan

CRISIS, WHAT CRISIS?— "Grim new developments reveal more trouble in Florida home insurance market ," by Sun Sentinel's Ron Hurtibise: "Florida's home insurance availability crisis continues to claim new victims, and worries are mounting that more companies could be declared insolvent as this year's hurricane season draws near. The industry's financial storm clouds have prompted fears of collapsing companies and the massive growth of state-owned Citizens Property Insurance Corp., the insurer of last resort."

CRISIS, WHAT CRISIS? PART TWO — " Gov. Ron DeSantis points to need to 'do more' on insurance," by News Service of Florida's Jim Turner: "Gov. Ron DeSantis expects lawmakers will make changes in Florida's troubled property-insurance system sometime this year, at the latest after the November elections. DeSantis did not include property insurance issues as part of a special session that he called Tuesday on congressional redistricting, leaving a decision on insurance to legislative leaders. But he said more legislative action is needed after lawmakers passed a property insurance bill in 2021."

THE MONEY GO-ROUND — " Florida pauses new investments in China, but won't act now on Russia," by POLITICO's Gary Fineout: Florida holds roughly $5.5 billion worth of assets in China, or about 2.8 percent, according to figures provided by the State Board of Administration. Interim SBA executive director and CIO Lamar Taylor on Tuesday told trustees that oversee the state board that erratic behavior by the Chinese government and stress in the Chinese property market prompted the SBA to instruct its fund managers to pause from making any new investments.

Nothing to see here — But Taylor also said the agency would leave how to handle Russian held assets up to fund managers. At one point those assets were valued at $300 million, but state officials are now uncertain as to their value, given the sanctions against Russia and economic disruption due to that country's ongoing war with Ukraine. Taylor added that right now the SBA is not allowed to access any Russian securities due to restrictions placed on them by the Russian government

Response — Fried, who sat in on the meeting but is not a SBA trustee, was critical that the state had not been more "aggressive" about divesting when it became apparent that Russia was getting ready to invade Ukraine. She said the decision to pause Chinese investments showed that it was "obvious" the SBA could move quickly if possible, but the state's lack of action ahead of the war showed that DeSantis was "weak on Russia and [Vladimir] Putin."

New policy? — DeSantis did not address Fried's comments directly, but during the meeting contended that the state Legislature should pass a law that would create a uniform policy that would "target our investments away from areas hostile to American interests." DeSantis said that to do it piecemeal would "tie [the state] in a pretzel" and could run counter to the fiduciary duty that trustees have to maximize investments.

TO COURT — " Foes ask judge to stop Florida from conducting 'intellectual freedom' surveys at colleges," by News Service of Florida's Jim Saunders: "Opponents of a controversial 2021 law asked a federal judge this weekend to prevent the state from moving forward with surveys about "intellectual freedom and viewpoint diversity" on college and university campuses. Attorneys for students, faculty members and groups challenging the law filed an emergency motion Saturday seeking a temporary restraining order or a preliminary injunction. The motion said surveys could be distributed to college and university teachers and students as soon as April 4."

MOUNT TALLAHASSEE — " What is Florida's preemption bill and why do Palm Beach County officials want DeSantis to veto it?" by Palm Beach Post's Mike Diamond: "Palm Beach County commissioners are calling on Gov. Ron DeSantis to veto a bill that will allow businesses to collect damages if local governments enact laws that cause their profits to decrease. 'This is another bill in the continuing saga of attacking home rule,' said Mayor Robert Weinroth during a recent commission meeting. 'I can't imagine the kind of litigation this is going to cause. We will need to hire a dozen more lawyers.' The commissioners voted unanimously to send a letter to DeSantis calling for a veto of Senate Bill 620 (the Local Business Protection Act) that was approved largely along party lines with Republicans supporting it and Democrats opposing it."

— "Gov. DeSantis says state's top cop had 'long run' but now is time for change," by Florida Politics' Christine Jordan Sexton

CORONAVIRUS UPDATES

MASK WARS ROUND 65 — "Florida sues Biden over mask mandate for public travel," by POLITICO's Arek Sarkissian: Florida and 20 other states are suing the Biden administration over an ongoing federal face mask requirement for public travel that could be rolled back as soon as next month anyway. The lawsuit, announced Tuesday by Gov. Ron DeSantis and state Attorney General Ashley Moody during a press conference in the state Capitol, seeks to end a mask mandate for transportation workers and travelers that was implemented more than two years ago amid the pandemic. Earlier this month, the federal Transportation Security Administration extended the mandate until April 18.

 

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CAMPAIGN MODE

CAMPAIGN ROUNDUP — Florida's Senate Minority Leader Lauren Book rolled out endorsements for her reelection bid on Tuesday, but what was notable is that she did not have full backing from members of her own caucus. Book is suddenly in a primary fight with Barbara Sharief , a former Broward County commissioner who unsuccessfully ran for Congress. Eleven Senate Democrats endorsed Book, but the list did not include Sens. Gary Farmer, Audrey Gibson, Rosalind Osgood and Annette Taddeo. Both Farmer, who was pushed out as Senate Democratic leader before Book moved into the job, and Osgood represent parts of Broward County …

... Amanda Makki , a Republican candidate for Florida's 13th Congressional District, announced on Tuesday that she had gathered the nearly 2,600 petitions needed to qualify for the ballot so she doesn't have to pay a qualifying fee … Democratic state Rep. Michele Rayner was endorsed nine legislators including state Sens. Shevrin Jones and Bobby Powell in her bid for Florida's 13th District.

— "'Never been to Iowa': Ron DeSantis downplays 2024 speculation," by Florida Politics' A.G. Gancarski

DATELINE D.C.

DOUBLING DOWN — "GOP's Senate campaign chief won't back down from party fight," by The Associated Press' Steve Peoples and Brendan Farrington: "For now, what [Sen. Rick] Scott believes is directly at odds with the wishes of Senate Republican leader Mitch McConnell. Scott is refusing to abandon an 11-point governing plan he released with little input from party leadership, even after McConnell's public rebuke one month ago. In the weeks since, Scott has continued to promote his plan, which would raise taxes on millions of Americans who don't earn enough to pay federal income taxes, in dozens of speeches and media appearances."

Rick Scott

MIAMI, FL - JUNE 16: Florida Governor Rick Scott speaks ahead of U.S. President Donald Trump announcing policy changes he is making toward Cuba at the Manuel Artime Theater in the Little Havana neighborhood on June 16, 2017 in Miami, Florida. The President will re-institute some of the restrictions on travel to Cuba and U.S. business dealings with entities tied to the Cuban military and intelligence services. (Photo by Joe Raedle/Getty Images) | Getty


FLORIDA MAN — "Threats to Congress get man 1 year, 3 months in prison," by The Associated Press : "A Florida man convicted of making threatening phone calls to three members of Congress was sentenced Tuesday to a year and three months in federal prison. Frank Anthony Pezzuto, 73, of Venice, was sentenced in Tampa federal court, according to court records. A jury found him guilty in November on three counts of using interstate communications to make threats against members of Congress. Pezzuto must also pay a fine of $7,500. According to an indictment, Pezzuto made three threatening phone calls in early 2020 from his Florida home to congressional offices in Washington, D.C."

— "'Threat that will define this century.' Rubio, Scott ramp up rhetoric on China," by Miami Herald's Bryan Lowry

TRUMPLANDIA AND THE SWAMP

HMM — "Jan. 6 White House logs given to House show 7-hour gap in Trump calls," by Washington Post's Bob Woodward and Robert Costa: "Internal White House records from the day of the attack on the U.S. Capitol that were turned over to the House select committee show a gap in President Donald Trump's phone logs of seven hours and 37 minutes, including the period when the building was being violently assaulted, according to documents obtained by The Washington Post and CBS News. The lack of an official White House notation of any calls placed to or by Trump for 457 minutes on Jan. 6, 2021 — from 11:17 a.m. to 6:54 p.m. — means the committee has no record of his phone conversations as his supporters descended on the Capitol, battled overwhelmed police and forcibly entered the building, prompting lawmakers and Vice President Mike Pence to flee for safety.

DECLINED — "White House won't assert executive privilege for Jared Kushner, Ivanka Trump testimony ," by POLITICO's Myah Ward: The White House said on Tuesday it would not invoke executive privilege over the testimony of Jared Kushner or Ivanka Trump, as former President Donald Trump's son-in-law is expected to voluntarily appear before the Jan. 6 select committee this week. "The president has spoken to the fact that Jan. 6 was one of the darkest days in our country's history and that we must have a full accounting of what happened to ensure that it never occurs again," communications director Kate Bedingfield said during the daily press briefing.

PENINSULA AND BEYOND

WHAT'S IN YOUR WALLET? — "Judge rules Dorworth company must pay Seminole's River Cross lawsuit," by Orlando Sentinel's Martin E. Comas: "A federal judge ruled Chris Dorworth's River Cross Land Co. must pay legal fees — which county attorneys estimated at nearly $537,000 — that Seminole spent in public money defending itself against a federal lawsuit filed by Dorworth that she dismissed last year. 'Once again the courts have found that the people of Seminole County have the right to decide to preserve and protect the rural boundary and to protect themselves from frivolous lawsuits,' Commissioner Lee Constantine said."

FOLLOW THE MONEY — " Ecuadorean arrested in Miami on money-laundering charges tied to Odebrecht bribes," by Miami Herald's Jay Weaver: "A former senior Ecuadorean official who was convicted in his home country of extorting millions from Brazilian engineering firm Odebrecht S.A. was arrested in Miami on Monday in a related federal money-laundering case. Carlos Polit Faggioni, who lives in a condo high-rise along the Miami River, was Ecuador's longtime comptroller. Polit's position, which was created to combat the fraudulent use of government funds, required him to sign off on public budgets that authorities say enabled him to demand $8 million in bribery payments from Odebrecht."

— "ICON Park Free Fall victim Tyre Sampson was turned away from other rides, cousin says," by Orlando Sentinel's Katie Rice

ODDS, ENDS AND FLORIDA MEN

— "Bright lights, big danger: Pilots report surge in laser strikes against aircraft in Florida skies," by Palm Beach Post's Julius Whigham II: "Pilots in Florida reported a record number of laser light strikes against aircraft during 2021, with the state ranking among the highest in the nation in reported incidents, according to data from the Federal Aviation Administration. Aircraft in Florida were targeted by laser light devices 630 times last year, third behind only California and Texas, the FAA reported."

BIRTHDAYS: Former Rep. Patrick Murphy

 

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