Friday, March 4, 2022

POLITICO Florida Playbook: Florida's strict new abortion ban will soon be law

Presented by CVS Health: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Mar 04, 2022 View in browser
 
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By Gary Fineout

Presented by CVS Health

Hello and welcome to Friday.

Late in the evening — Florida lawmakers have exactly one week left in their regular session, prompting them to cram late-night sessions in as they rush to the finish line in advance of the 2022 elections.

While everyone was sleeping — And in the late hours on Thursday, Senate Republicans pushed through not one but two contentious bills designed to reward their base. They voted along party lines to enact a ban on abortion after 15 weeks in Florida as well as an immigration measure championed by Gov. Ron DeSantis. The abortion bill now heads to the governor, who is expected to sign it into law.

Deeply personal — The debate leading up to the final vote late last night has been raw and blunt. Sen. Lauren Book, the Senate minority leader, earlier this week recounted how she was drugged and raped when she was a teenager. Book pleaded with other senators to at least change the bill to provide exceptions in cases of rape and incest. Instead, Republicans locked down against this change even though the incoming Senate president (and at the height of her power) — Sen. Kathleen Passidomo — said she supported the exception.

Unbowed — Those in favor of the legislation held firm, saying that 15 weeks was enough time to allow for an abortion and that the bill would save the lives of children once enacted. "I never dreamed I'd be standing he
re today, but actually being able to save the life of babies," GOP Sen. Kelli Stargel told legislators. "God is so good."

Waiting for SCOTUS — The question, however, is when the ban will actually take effect and how will it play out in the courts. Senate President Wilton Simpson acknowledged to reporters on Thursday that legislators settled on 15 weeks because it is modeled after a Mississippi law now before the U.S. Supreme Court that appears destined to be upheld by the conservative majority.

Legal battles ahead? — Left unsaid is how Florida state courts will interpret the measure given that the state has a privacy clause embedded in its constitution that has been used in the past by the Florida Supreme Court to strike down other abortion restrictions.

Test case — The current configuration of the court — which has been overhauled with DeSantis' appointees — has already shown a willingness to reverse plenty of previous rulings. The new abortion law will likely provide a test case that will give conservatives a chance to unwind those past decisions. Book on Thursday predicted that the "women of Florida are not done with this fight. This is the beginning, not the end."

— 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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... DATELINE TALLAHASSEE ...

SENT TO GOVERNOR — "Florida lawmakers approve strictest abortion ban in state's history," by POLITICO's Arek Sarkissian: Florida's Republican-controlled Senate on Thursday night approved the strictest abortion ban in the state's history, ending a monthslong fight over reproductive rights that pitted GOP lawmakers against Democrats and activists who fought against the measure but were powerless to stop it. The bill, H.B. 5, now heads to the desk of Gov. Ron DeSantis, who has signaled he will sign it into law. It's expected to go into effect on July 1. The measure prohibits women from receiving abortions after 15 weeks of pregnancy. It provides no exceptions for victims of rape, incest or human trafficking. Existing Florida law restricts abortions after 24 weeks.

'TO SEND A MESSAGE' — "Senate passes bill seeking to keep 'unlawful' migrants from being brought to Florida," by Miami Herald's Ana Ceballos: "Florida Republicans are poised to bar the state from doing business with companies that bring undocumented immigrants into the state, a move that Democrats and faith leaders across the state worry will complicate the resettlement of unaccompanied minors who come to Florida to be reunified with their families. The proposal — approved by the Senate on Thursday along party lines — seeks to cramp the flow of undocumented immigrants into the state by targeting companies that transport people who are 'unlawfully' in the country into Florida."

SOME GOOD NEWS — "Florida First Lady Casey DeSantis is cancer-free, her husband announces," by Orlando Sentinel's Steven Lemongello: "Florida First Lady Casey DeSantis is considered cancer-free following treatment and surgery for breast cancer, Gov. Ron DeSantis said Thursday. 'There are no words to express how truly blessed, grateful and humbled I am to hear the words cancer-free," Casey DeSantis said in a statement. "To those who are in the fight, know there is hope. Have faith and stay strong.'"

DUCK AND COVER — " Florida House avoids voting to divest from Russia over Ukraine invasion," by Tampa Bay Times' Lawrence Mower: "The Florida House on Thursday avoided taking a stance on divesting the state's $300 million in investments in Russian companies. During a floor session, state Rep. Andrew Learned, D-Brandon, proposed amending a bill to prohibit the State Board of Administration from investing Florida Retirement System assets in any company, Russian or otherwise, that does business with the Russian government. ... Republican lawmakers, who control the House, ruled the amendment out of order on a technicality."

SCHOOL DAZE — " Florida Senate backs K-12 testing overhaul," by POLITICO's Andrew Atterbury: The Florida Senate unanimously passed legislation Thursday to reshape the state's system for testing K-12 students, sending the bill to the House with a few policies still in limbo as the end of session looms. "Although we do not have a product that right now we can say is perfect, it is definitely a start of something," said Sen. Shevrin Jones (D-Miami Gardens). The Senate and House have proposed similar testing packages in 2022 to introduce a new model aiming to give parents and teachers faster feedback on student performance while scaling back the class time students are tested in schools — both priorities of Gov. Ron DeSantis.

LATE SESSION PUSH — "DeSantis presses Florida Legislature to pass doctor 'free speech' bill," by Tampa Bay Times' Kirby Wilson and Emily L. Mahoney: "One of Gov. Ron DeSantis' priorities isn't moving in the Florida Legislature. DeSantis wants that to change. At a news conference in Panama City, the governor called on legislators to pass a measure that he says would protect doctors' ability to express themselves freely without fear of reprisal from the boards that regulate the medical profession. A federation of state medical boards warned doctors in July not to spread misinformation during the pandemic or risk losing their licenses."

NO SALE — " Lawmakers won't fund $75M post-pandemic request for new emergency warehouses," by POLITICO's Matt Dixon: Lawmakers are not funding a $75 million request from state emergency managers to build a network of warehouses across the state to store emergency management equipment, including things like personal protective equipment that was at a premium during the height of the pandemic. House and Senate budget negotiators have instead approved language that allows the Division of Emergency Management to put together a detailed proposal to lease, buy or build warehouse storage and develop a system to manage emergency management infrastructure.

WHAT'S IN YOUR WALLET? — "House, Senate take different tracks on tax policy," by POLITICO's Matt Dixon: Entering the final week of the 2022 session, lawmakers still have significant disagreement over how the GOP-led Legislature should proceed on tax policy. The Florida House on Monday passed a sweeping tax cut package, FL HB7071 (22R), that got rare bipartisan support, as Democrats supported a series of tax cuts that focused on state consumers — not corporations — which helped win the group's backing.

Gap — Democrats generally each year lament Republicans offering business-centered tax cuts. Democrats in that chamber said they are backing House Republican leaders, in part, because they do not support the tax blueprint so far outlined in the Senate, which tweaks federal tax provisions they say would cut billions in taxes for some of the state's biggest companies.

— " High school students across Florida walk out to protest 'Don't Say Gay' bill," by Tallahassee Democrat's Ana Goñi-Lessan

— "Senate passes property insurance bill but Speaker Sprowls is skeptical ," by Florida Politics' Gray Rohrer

— "Hospital leaders concerned as Florida lawmakers plan to cut Medicaid funding," by Orlando Sentinel's Caroline Catherman

— "Florida Gov. Ron DeSantis could restore home rule with local beach smoking ban," by USA Today Network-Florida's Jeffrey Schweers

 — " Legislature approves update to Marjory Stoneman Douglas school safety law," by Florida Politics' Anne Geggis

 

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CAMPAIGN MODE

RAINMAKER — "DeSantis defends scolding students over masks — and fundraises off it ," by POLITICO's Andrew Atterbury: Florida Gov. Ron DeSantis is fundraising off a recent viral video depicting the Republican governor bluntly asking a group of high school students to take off their masks ahead of a public event, which drew outrage among Democrats. In a Thursday campaign email attempting to spur donations "before the truth is silenced," DeSantis blasted the "corrupt and biased legacy media" for chastising him over his claims that "masks are political theater." The DeSantis campaign also created a hype video over his controversial brief scolding of high school students that slams Democrats like California Gov. Gavin Newsom and Stacey Abrams for going maskless at public events.

MAPMAKER, MAPMAKER

ONE WEEK LEFT — "Florida legislators closing in on final map despite veto threat," by POLITICO's Gary Fineout: Florida legislators may be on the verge of reaching a deal on a new congressional map that would likely allow Republicans to pick up two seats — but also may risk a confrontation with Gov. Ron DeSantis. Senate President Wilton Simpson told reporters late Thursday there was a good chance that lawmakers will wind up adopting a map that would dismantle the 200-mile district now held by Rep. Al Lawson, a Black Democrat from Tallahassee.

Go time? — The Florida House is scheduled to vote in favor of that map on Friday and send it to the Senate. "I believe the House map is in order, I believe it's constitutional," Simpson said. "I don't see any reason why we wouldn't pass that map."

NO DRAMA — "Florida Supreme Court approves newly-drawn state House, Senate maps ," by POLITICO's Matt Dixon: The Florida Supreme Court on Thursday approved the redrawn House and Senate legislative maps, ending a huge portion of the state's contentious redistricting process with little political drama. For the first time since 1968, when judicial review of redrawn maps was added to the Florida Constitution, no one filed opposition to the maps with the high court — a point House Speaker Chris Sprowls noted when he briefly acknowledged the court's decision as the House considered its congressional maps. The House has not yet approved its maps but the state Senate passed its proposals in January.

 

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DATELINE D.C.

SCOTT SPEAKS — "Why I'm defying Beltway cowardice," by Sen. Rick Scott for The Wall Street Journal: "I have committed heresy in Washington. I've been in the Senate for only three years, and I have released an 11-point plan with 128 ideas on what Republicans should do after we win the coming elections and take control of the Senate and House. In the real world beyond the Beltway, Republicans and independents demand bold action and a plan to save our nation. They see no point in taking control of Congress if we are simply going to return to business as usual."

CORONAVIRUS UPDATES

MAKING FRIENDS — "Ladapo on masks: It's a 'lie' they save lives, calls doctors who disagree 'zombies ,'" by Orlando Sentinel's Steven Lemongello: "Florida Surgeon General Joseph Ladapo called the idea that masks saved any lives during the COVID-19 pandemic 'a lie, and it needs to stop and people need to unbelieve it.' Ladapo, who runs the state Department of Health, also said the vast majority of the medical community that supports masks are 'zombies.' The Centers for Disease Control and Prevention, Mayo Clinic and numerous studies all have found that masks are effective in limiting transmission of the virus. Highly protective KN95 and N95 masks are now recommended by the CDC against the more infectious omicron variant."

Florida Gov. Ron DeSantis addresses a question from the media as Florida Surgeon General Joseph Ladapo looks on during a news conference in Jacksonville, Fla., on Tuesday, Jan. 4, 2022.

Florida Gov. Ron DeSantis addresses a question from the media as Florida Surgeon General Joseph Ladapo looks on during a news conference in Jacksonville, Fla., on Tuesday, Jan. 4, 2022. | Bob Self/The Florida Times-Union via AP


FRIENDLY ARENA — "DeSantis responds to critics after telling students to un-mask," by Fox News' Charles Creitz: "[Gov. Ron] DeSantis, a Republican, told 'Tucker Carlson Tonight' that mask mandates create a 'two-tiered society,' especially in the workplace, where he noted restaurant workers are often required to cover their faces while their patrons are permitted to breathe freely. … 'I think it needs to be said because people have been lied to for two years,' he said. 'They talk about, 'Oh, by letting someone have a choice to take off their mask and welcoming that choice' — that that's somehow bullying. Bullying is locking kids out of school, which they did. Bullying is forcing kids to wear masks for eight hours a day, which they did for two years, and are only stopping now because the politics changed.'"

— "DeSantis' comments to students spark tiff — outrage over mask shaming vs. defending him," by Miami Herald's Devoun Cetoute and Daniel Chang

 

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TRUMPLANDIA AND THE SWAMP

'UNDERSTOOD WHAT HE WAS DOING' — "New evidence shows Trump was told many times there was no voter fraud — but he kept saying it anyway ," by Washington Post's Rosalind S. Helderman, Jacqueline Alemany, Josh Dawsey and Tom Hamburger: "A data expert for former president Donald Trump's campaign told him bluntly not long after polls closed in November 2020 that he was definitely going to lose his campaign for reelection. In the weeks that followed, multiple top officials at the Justice Department informed Trump that they had closely examined allegations of fraud that were being circulated by Trump's close allies — and had found them simply untrue."

President Donald Trump

President Donald Trump speaks at a rally endorsing the Republican ticket, Friday, Oct. 12, 2018, in Lebanon, Ohio. (AP Photo/John Minchillo) | John Minchillo/AP Photo


'THEY SHOULD BE INVESTIGATING' — "Dems push DOJ to look at Trump after Jan. 6 panel's blockbuster ," by POLITICO's Nicholas Wu and Kyle Cheney: Rep. Adam Schiff (D-Calif.), a member of the select panel, said he's concerned that [Department of Justice] has not yet taken potential crimes by Trump and his network seriously enough. The lack of overt signs that Trump is being investigated suggests that the department has not yet moved, he observed. "If the Justice Department believes there is evidence of a crime involving anyone, including the former president, they should be investigating it," Schiff said.

SCRATCHED — "Melania Trump event called off after officials question fund-raising," by The New York Times' Eric Lipton: "A Florida fund-raiser planned for April that was to feature Melania Trump has been called off after state regulators there concluded that the company working with the former first lady to organize the charitable event had not properly registered to solicit contributions. Mrs. Trump had announced in late January plans for what she called 'Tulips & Topiaries,' a gathering at an undisclosed location in Naples, Fla., that would feature an 'elaborate flower garden with tulips' and 'delicious hors d'oeuvres alongside tea and bubbles.' Tickets were put on sale for as much as $50,000 for a VIP table, with the money, she said, slated to provide scholarships to children emerging from foster care."

— "House Jan. 6 committee subpoenas Kimberly Guilfoyle, partner of Donald Trump Jr.," by Washington Post's Felicia Sonmez and Jacqueline Alemany

PENINSULA AND BEYOND

TERMINATED — "Fort Lauderdale's police chief fired over discrimination complaints after six months on the job," by Sun Sentinel's Susannah Bryan: "Larry Scirotto, a retired assistant chief from Pittsburgh tapped in August to take over the reins of the Fort Lauderdale's Police Department, was fired Thursday afternoon. City Manager Chris Lagerbloom, who hired Scirotto after an extensive nationwide search, said he terminated Scirotto based on an investigation opened after several employees filed discrimination complaints. The investigation, conducted by outside attorney Gregg Rossman, supported the allegations that Scirotto made promotions based on race, gender and sexual orientation, with a minority-first agenda."

— "FIU board hears more on Rosenberg investigation, learns why board chair terse after resignation," by Miami Herald's Jimena Tavel

— "' Humiliating and taxing': Panhandling ban draws legal challenge in Palm Beach County," by Sun Sentinel's Austen Erblat
 

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We have been supporting safer pregnancies and expanding access to prenatal and postpartum care via telemedicine.

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Every day, CVS Health works to bring quality, affordable health care into neighborhoods, homes and hands—so it's never out of reach for anyone.

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ODDS, ENDS AND FLORIDA MEN

BIRTHDAYS: Former Florida Supreme Court Justice Charles Wells … (Saturday) David Lawrence Jr, chair of The Children's Movement of Florida and former publisher of the Miami Herald … (Sunday) State Rep. Juan Alfonso Fernandez-Barquin

 

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