News: POLITICO Florida Playbook: DeSantis knocked down in battle with tech industry

Tuesday, May 24, 2022

POLITICO Florida Playbook: DeSantis knocked down in battle with tech industry

May 24, 2022

Hello and welcome to Tuesday.

Rejected — As the summer of litigation for Gov. Ron DeSantis and Florida Republicans continues, a federal appeals court on Monday handed the governor a major setback, nixing a law aimed at large social media companies that barred them from censoring political candidates.

Pushing back — The law — one of DeSantis' top priorities from last year — came after Twitter had removed former President Donald Trump from its platform and DeSantis and Republicans said the legislation was needed to battle "Big Tech oligarchs" who were silencing conservative voices. It's been part of a refrain from DeSantis as he has ripped into Silicon Valley firms, "corporate media" and other companies he says are engaged in a narrative designed to push a "leftist" agenda.

Hold on — The 11th Circuit Court of Appeals — in a unanimous decision that was written by a judge appointed to the bench by Donald Trump — kept in place major parts of an injunction slapped against the law last year.

From the ruling — "Put simply, with minor exceptions, the government can't tell a private person or entity what to say or how to say it," Circuit Judge Kevin Newsom wrote. Newsom added that "We hold that it is substantially likely that social-media companies — even the biggest ones — are 'private actors' whose rights the First Amendment protects."

Not a surprise but — Critics, including those representing big tech companies, had predicted the law would be struck down. Recently, DeSantis had expressed optimism that the appeals court would lift the injunction, especially in light of a recent split decision from the 5th Circuit Court of Appeals on a similar Texas law. But that didn't happen here, though the court did lift the injunction against some of the disclosure requirements included in the law.

Response — In a statement posted on Twitter, Bryan Griffin, deputy press secretary for DeSantis said the administration was "disappointed that the Court continues to permit censorship. The Court's central holding that social media platforms are similar to newspapers and parades, rather than common carriers that transmit others' messages, is stupefying." Griffin added the offices was "reviewing the options for appeal."

Up next — On to the Supreme Court then?

— WHERE'S RON? — Gov. DeSantis will hold a press conference in Havana, Fla., with Department of Economic Opportunity Secretary Dane Eagle.

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... DATELINE TALLAHASSEE ...

UPHELD — "Appeals court: Florida law on social media unconstitutional," by The Associated Press' Curt Anderson: "A Florida law intended to punish social media platforms like Facebook and Twitter is an unconstitutional violation of the First Amendment, a federal appeals court ruled Monday, dealing a major victory to companies who had been accused by GOP Gov. Ron DeSantis of discriminating against conservative thought. A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals unanimously concluded that it was overreach for DeSantis and the Republican-led Florida Legislature to tell the social media companies how to conduct their work under the Constitution's free speech guarantee."

— "'Did you read it?': Florida AG heckled for praising her own 'near complete loss' over conservative social media law deemed unconstitutional under First Amendment," by Law and Crime's Colin Kalmbacher

DAY ONE — "Senate panel passes $2B insurance overhaul no one seems to like," by POLITICO's Matt Dixon: No one seems to like $2.1 billion property insurance reform legislation being considered by Florida lawmakers. But in the end, almost everyone on Monday voted for it.

Not Happy Bob — Insurance companies and trial lawyers — the chief rivals featured in a one week special legislative session called by Gov. Ron DeSantis to try and fix Florida's imploding property insurance market — both think it's an imperfect work product. Meanwhile, lawmakers from both political parties are upset that even if, as expected, they approve the reform bill, there will be no immediate rate relief for Florida homeowners.

Quite the metaphor — Sen. Jeff Brandes (R-St. Petersburg), a longtime political foe of trial attorneys, has in the past proposed legislation clamping down on multipliers and raising the bad faith threshold. But he said in the context of Florida's current imploding property insurance marketplace, those sort of moves are no longer enough. "Those were solutions for stage 1 cancer, we are at stage 4," he said. "I'll vote for the bill, but not because I think it will solve stage 4, but because it's better to fix stage 1, even with a cigarette in its mouth sitting under a heat lamp."

— "Homeowners won't see insurance rate cuts for 18 months, or maybe never, senator says," by Orlando Sentinel's Jeffrey Schweers

— " Sen. Powell asked to put experts 'under oath' in special session; 'let's make sure it's true,'" by Florida Phoenix's Danielle J. Brown

— " Florida won't stop rising insurance rates without combating climate change," by Seeking Rents' Jason Garcia

HAPPENING TODAY — Florida House Democrats will meet this morning and the caucus is expected to select Rep. Fentrice Driskell (D-Tampa) as the next House Democratic leader. Driskell is the only member who filed for the position that came open after Rep. Ramon Alexander abruptly announced he would not run for reelection amid allegations he sexually harassed and intimidated a former Florida A&M University staffer. Driskell was already in line to follow Alexander as leader.

UP AND RUNNING — " New Florida program helps 'hometown heroes' buy their first homes, DeSantis says," by South Florida Sun-Sentinel's Lisa J. Huriash: "To help people buy homes in the communities they serve, a new program will assist 'vital' workers among 50 professions with down payment and closing costs, Florida Gov. Ron DeSantis said Monday. The initiative, called the Florida Hometown Heroes Housing Program, begins June 1, as the state faces rising costs in housing. The state's initiative will cost taxpayers $100 million."

Response — "But the announcement drew criticism Monday from those who say the money comes from a state pot of funds that was intended to help low-income renters, by building affordable apartments. Rep. Anna Eskamani, D-Orlando, said the program 'feels more political than best practice. The concern a lot of us have is we have folks who are struggling, working people whose rent is going up, and they don't qualify for this program.'"

WHO NEEDS A LAW? — "If you can't legislate, regulate: Altmaier enacted property insurance policies lawmakers didn't OK," by Orlando Sentinel's Jeffrey Schweers: "After the Florida Legislature failed to pass legislation to rein in the property insurance crisis during the regular session that ended March 14, Insurance Commissioner David Altmaier took matters into his own hands, using his power to make changes to such policies."

CAMPAIGN MODE

NON-ENDORSEMENT — "Don't vote for Kelli Stargel, GOP candidate for Congress, her daughter says in video," by Orlando Sentinel's Skyler Swisher: "A daughter of state Sen. Kelli Stargel is urging Floridians not to vote for her mother, posting a social media video that slammed the Lakeland Republican's stance on LGBTQ and abortion issues. Hannah Stargel, 28, uploaded the TikTok clip as her mother faces a hotly contested campaign for U.S. Congress, becoming the second Stargel daughter to publicly oppose her political positions. The video titled 'do not vote for the worst mom ever' had garnered more than 16,700 likes as of Monday."

AND MORE — "'Putting politics before everything else': Kelli Stargel's daughter speaks out against mother's congressional run in viral TikTok," by Florida Politics' Kelly Hayes: "Hannah [Stargel] told Florida Politics that she decided to speak out after her mother announced her congressional run, which came after years of promising to step away from politics, Hannah said. She called her mother's candidacy for Florida's 15th Congressional District 'a shock.' 'She's been saying for years and years and years that she was going to stop running, stop putting this on the family,' Hannah said. 'So for her to take that and go federal … I don't speak to her anymore. But for her to do that, I was really upset honestly.'"

Kelli Stargel takes part in a committee meeting.

The bill was sponsored by state Sen. Kelli Stargel. | Phelan M. Ebenhack/AP Photo

CAMPAIGN ROUNDUP — Sen. Elizabeth Warren endorsed Maxwell Alejandro Frost, a Democrat running for Florida's 10th Congressional District, on Monday. Warren, in a statement announcing her endorsement, said Frost "will fight tooth and nail for working people." Warren's endorsement was one of several the Frost campaign announced. He was also endorsed by Reps. Pramila Jayapal and Jamie Raskin as well as Ben Jealous, former president of the NAACP and current president of People for the American Way, and civil rights activist and American labor leader Dolores Huerta …. Agriculture Commissioner Nikki Fried, a Democratic candidate for governor, won a straw poll conducted by the Democratic Environmental Caucus of Florida … The Broward Teachers Union has endorsed former state Rep. Jared Moskowitz for Florida's 23rd Congressional District.

ENCOURAGEMENT — "Ready for Ron PAC urges DeSantis to run for president in 2024," by Fox News' Fred Lucas: "A new political action committee has formed attempting to draft Florida Gov. Ron DeSantis to run for president in 2024, and it is being run by a Republican consultant heavyweight who has been a veteran of campaigns involving former GOP Presidents Ronald Reagan and Donald Trump."

Involved — "The Ready for Ron PAC is being led by two generations. Ed Rollins was the campaign chairman for Reagan's 1984 landslide of 49 states and ran the pro-Trump Great America PAC for the 2020 election. Lilian Rodríguez-Baz, a newcomer to politics, is a Miami appellate attorney and conservative activist. The two teamed to start the online petition to gather signatures encouraging DeSantis to announce a 2024 presidential run."

— " Leon County judge dismisses Pinellas County election bill lawsuit," by Florida Politics' Kelly Hayes

HAPPENING WEDNESDAY—A WOMEN RULE TALK ON THE MIDTERMS : Join POLITICO'S Women Rule for a conversation with the women running the midterm campaigns and how they are shaping messaging and strategy for their candidates. The program will look into what a win for either party could mean for access to reproductive health care, economic advancement of women, and how the final stages of the Covid-19 pandemic are managed. REGISTER HERE.

MAPMAKER, MAPMAKER

TAKE IT TO THE TOP — "Redistricting wrangling goes to Supreme Court," by News Service of Florida's Jim Saunders: "Voting-rights groups went to the state Supreme Court on Monday as they try to keep alive the possibility of blocking a congressional redistricting plan that would make it harder to elect a Black U.S. House member this year in North Florida. The filing by attorneys for the groups and other plaintiffs was the latest twist in a legal battle over a congressional redistricting plan that Gov. Ron DeSantis pushed through the Legislature in April."

DATELINE D.C.

HIRED — "Supreme Court Justice Ketanji Brown Jackson taps Palm Beach County public defender as clerk," by Palm Beach Post's Jane Musgrave: "A Palm Beach County assistant public defender, who once criticized the nation's highest court for ignoring sexual harassment allegations, will join the inner circle of newly confirmed U.S. Supreme Court Justice Ketanji Brown Jackson. Claire Madill, who is among roughly 25 appellate lawyers who work for the tax-funded office that represents the poor, will become one of the Miami-born justice's four clerks. The elite position, which Madill once described as 'being struck by lightning,' means she will work alongside Jackson, crafting opinions that will help determine the law of the land."

Judge Ketanji Brown Jackson speaks.

Ketanji Brown Jackson, circuit judge on the U.S. Court of Appeals for the District of Columbia Circuit, makes brief remarks after President Joe Biden introduced her as his nominee to the Supreme Court during an event in the Cross Hall of the White House Feb. 25, 2022, in Washington, D.C. Pending confirmation, Judge Brown Jackson would succeed retiring Justice Stephen Breyer and become the first-ever Black woman to serve on the high court. | Drew Angerer/Getty Images

— "U.S. Rep. Murphy announces federal money to restore ailing Little Wekiva," by Orlando Sentinel's Martin E. Comas

PENINSULA AND BEYOND

ON THE LIST — "Ron DeSantis among TIME's 100 most influential people," by USA Today Network-Florida's Jason Delgado: "Florida Gov. Ron DeSantis is listed among TIME's 100 most influential people of 2022. The list, which published Monday, features DeSantis alongside a variety of leaders, innovators and politicians — President Joe Biden included. It also boasts a glowing review of DeSantis by former Florida Gov. Jeb Bush. Among other points, Bush touted DeSantis' resilience and leadership chops, particularly regarding his handling of the COVID-19 pandemic."

RECOGNIZED — " Equality Florida head Nadine Smith named one of Time's '100 most influential,'" by Tampa Bay Times' Jack Evans: "Nadine Smith, the St. Petersburg resident who founded Equality Florida a quarter-century ago, is one of Time Magazine's 100 Most Influential People of 2022. 'Her work is an inspiration for LGBTQ organizations around the world, providing a blueprint on how to make progress for our communities through strong commitment and perseverance,' wrote novelist Kristen Arnett, also a Floridian, in the publication's section on Smith."

CLOUDY — " Sunshine State solar slowdown: Installers scrambling for panels, big projects delayed," by Miami Herald's Alex Harris: "Florida solar installers are scrambling for panels amid a nationwide market slowdown, and some are turning to older, less efficient models to get the job done. The utility with the nation's biggest solar and wind investments, NextEra Energy, said up to three-quarters of its 2022 solar projects could be delayed until at least next year. The CEO of its subsidiary, Florida Power & Light, said the utility can't find anyone in the U.S. willing to sell them more panels."

— " Florida's second presumptive monkeypox case reported in Broward," by South Florida Sun-Sentinel's Brooke Baitinger

— " Escambia Sheriff fired 1 deputy, investigating 2 others after in-custody death of man," by Pensacola News Journal's Brittany Misencik

— "NFL quarterback Dwayne Haskins drank 'heavily' before dying on South Florida interstate ," by South Florida Sun-Sentinel's Angie DiMichele

— "Former city commissioner gets 3 years for killing shoplifter," by The Associated Press

ODDS, ENDS AND FLORIDA MEN

— "Jury selection in school shooter's trial upended by T-shirt," by The Associated Press' Terry Spencer: "The already slow slog of picking jurors in the penalty trial of Florida school shooter Nikolas Cruz hit a new stumbling block Monday when a potential juror's T-shirt honoring those killed and traumatized in the 2018 massacre resulted in the dismissal of her entire group of 10. The woman, a 58-year-old high school teacher, was wearing a T-shirt in the burgundy and silver colors of Parkland's Marjory Stoneman Douglas High School that read 'Teacher Strong.' Below that were two hashtags that were commonly found on T-shirts and bumper stickers throughout South Florida long after the Feb. 14, 2018, shooting: #msdstrong and #NeverAgain."

BIRTHDAYS: Rob Johnson with the Mayernick Group

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