| | | | |  | | By Gary Fineout | Hello and welcome to Wednesday. It is the 81st anniversary of the attack on Pearl Harbor. Before the court — A lot of attention will be directed today to the Supreme Court of the United States as it takes up a North Carolina redistricting case that could determine the future of elections nationwide, including Florida's. The case known as Moore v. Harper centers around whether state courts are allowed to play a role when it comes to regulating federal elections — something known as the "independent state legislature" theory. The local angle — Amid the back-and-forth and predictions of chaos surrounding the case, any substantive ruling could have major reverberations in Florida. Ongoing litigation — The state's current congressional redistricting plans — plans that were essentially written by the administration of Gov. Ron DeSantis and blessed by the Florida Legislature — are being challenged in both federal and state courts. One of those challenges contends that the current map, which led to Republicans picking up four seats and helped the GOP win the U.S. House, violates the Fair Districts constitutional amendment adopted by voters in 2010. That measure was supposed to end partisan gerrymandering. Context — The legal challenge in state court relies heavily on past Florida Supreme Court decisions that reinforced the power of that amendment, including one from 2015 that threw out a congressional map drawn up by the Florida Legislature. That map was tossed because it was concluded that legislators had secretly schemed with GOP political consultants to sidestep the requirements of the citizen initiative. Just three years ago — In 2019, the U.S. Supreme Court handed down another redistricting-related decision that name-checked the Fair Districts amendment and stated that "provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply." Of course, that was then, this is now. Amicus time — In late October, Fair Districts Now filed an amicus brief in the North Carolina case where lawyers for the group said they were concerned "this court will go back on its word and hold that state courts are indeed powerless to address partisan gerrymandering — or any other aspect of federal elections." The brief called the Fair Districts amendment a "permissible check on the Florida Legislature's redistricting authority" and "that amendment was a forceful response by Florida's polity to the decades of brazen gerrymandering perpetrated by elected officials of both parties." Been here before — The brief also notes that initial federal legal challenges to the Fair Districts amendment by the Florida House and two members of Congress argued that it did violate the elections clause and the power of the Legislature. The courts struck down those challenges. Not everyone is a fan — There are of course plenty of political consultants, especially those who are Republican, who would like to see Fair Districts junked. They contend not only does it improperly limit the Legislature but that it has proven unwieldy and impossible to follow. Worth noting: A ruling by the U.S. Supreme Court would likely come next summer just as the other legal challenges could be at full throttle. — WHERE'S RON? — Nothing official for Gov. DeSantis. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com
| | | | POLITICO APP USERS: UPGRADE YOUR APP BY DECEMBER 19! We recently upgraded the POLITICO app with a fresh look and improved features for easier access to POLITICO's scoops and groundbreaking reporting. Starting December 19, users will no longer have access to the previous version of the app. Update your app today to stay on top of essential political news, insights, and analysis from the best journalists in the business. UPDATE iOS APP – UPDATE ANDROID APP . | | | | | |  | MAPMAKER, MAPMAKER | | BEFORE THE COURT — " How the 'independent legislature' case before SCOTUS could upend elections ," by POLITICO's Zach Montellaro: The case stems from a fight over North Carolina's redistricting maps, but the arguments involved could affect state rules on things like voter ID, mail voting and vote-counting processes. The North Carolina state Supreme Court threw out new political maps drawn by the GOP-controlled legislature on the grounds that they were an illegal partisan gerrymander, and a court-drawn map ultimately replaced the one enacted by the lawmakers. Republican legislative leaders sought to block that new map at the U.S. Supreme Court, arguing that the Elections Clause in the U.S. Constitution leaves little room — or no room at all, in the most expansive version of the "independent state legislature" theory — for state courts to weigh in on laws that govern congressional elections.
| | ... DATELINE TALLAHASSEE ... | | WELCOME BACK — Déjà vu: Similar insurance fights to define Florida's special session , by POLITICO's Matt Dixon: Property insurance reforms and providing help to hurricane victims will make up the core of December's special legislative session — but specifics remain unclear less than a week before the gavel is scheduled to drop. The special session was announced by Gov. Ron DeSantis in October, and lawmakers anticipated working toward fixing the state's ailing property insurance market, a long-running policy fight. — " Fixing Florida's insurance woes: Here's what legislators' session will tackle next week ," by South Florida Sun-Sentinel's Ron Hurtibise WHAT WE DO IN THE SHADOWS — "' Secret police' or a right to anonymity? Florida Supreme Court to decide future of Marsy's Law ," by Tallahassee Democrat's Karl Etters and Jeff Burlew: "In a case with major implications for police accountability across the Sunshine State, the Florida Supreme Court will decide whether police officers have the right to remain anonymous under Marsy's Law when they use deadly force in the line of duty. Justices will hear oral arguments Wednesday in a legal dispute sparked by a pair of fatal shootings of armed suspects in 2020 by Tallahassee police officers. The case pits the city of Tallahassee, which wants to release the officers' names, against its own Police Department, which wants to keep the names confidential."
| | DATELINE D.C. | | THE SENATOR TO BE NAMED LATER — Rubio confirms he met with indicted ex-Florida lawmaker over Venezuela , by POLITICO's Gary Fineout: Sen. Marco Rubio acknowledged on Tuesday through a spokesperson that he met with indicted ex-Rep. David Rivera to discuss a potential deal to normalize relations between the United States and Venezuela — but didn't know that his one-time friend and long-time political ally was working on behalf of strongman Nicolás Maduro. Rubio's dealings with Rivera emerged Monday night after federal authorities arrested and charged the former Miami lawmaker with eight criminal counts, including money laundering, conspiracy and failing to register as a foreign agent for work allegedly connected to the Maduro regime. | 
Sen. Marco Rubio arrives on stage to speak before former President Donald Trump at a campaign rally at the Miami-Dade County Fair and Exposition on Nov. 6, 2022, in Miami. | Rebecca Blackwell/AP Photo |
NEW LEGISLATION — " Matt Gaetz files bill to allow NAS Pensacola terrorist attack victims to sue Saudi Arabia ," by Pensacola News Journal's Jim Little: "U.S. Rep. Matt Gaetz has introduced a bill to allow victims of the terrorist attack on Naval Air Station Pensacola to seek damages from the government of Saudi Arabia. Gaetz's office announced the new bill on Tuesday, the three-year anniversary of the attack on NAS Pensacola. 'This bill will hold the Kingdom of Saudi Arabia accountable for aiding and abetting terrorist attacks within the United States while financially supporting the victims of the NAS Pensacola Terrorist Attack,' Gaetz wrote in a press release."
— " Diaz Balart pivots, opposes Senate version of same-sex marriage bill ," by The Floridian's Jim McCool
| | TRUMPLANDIA AND THE SWAMP | | CONVICTED — " Trump Org. guilty on all counts in New York criminal tax fraud trial ," by POLITICO's Erin Durkin: The real estate company on which former President Donald Trump built his empire was convicted on all charges Tuesday in a 13-year criminal tax fraud scheme. The 17 guilty counts delivered by a New York state jury — which could lead to $1.6 million in fines for the Trump Organization — are the latest setback for Trump, who is beset by a constricting circle of legal woes as he launches another bid at the presidency. "The former president's companies now stand convicted of crimes. That is consequential," Manhattan District Attorney Alvin Bragg told reporters in the courthouse after the verdict.
| | | | POLITICO AT CES 2023 : We are bringing a special edition of our Digital Future Daily newsletter to Las Vegas to cover CES 2023. The newsletter will take you inside the largest and most influential technology event on the planet, featuring every major and emerging industry in the technology ecosystem gathered in one place. The newsletter runs from Jan. 5-7 and will focus on the public policy related aspects of the event. Sign up today to receive exclusive coverage of CES 2023. | | | | | | | DESANTISLAND | | STRATEGY — " COVID could be DeSantis' secret weapon in 2024 ," by Axios' Caitlin Owens: "Florida Gov. Ron DeSantis — should he run for the GOP's 2024 presidential nomination — has an opening to attack former President Trump's COVID response from the right. The big picture: The federal COVID response has become a red-meat issue for the party's base, and DeSantis' 2020 actions are much more aligned with the GOP's tone today. DeSantis has even said he wishes he'd been more vocal in speaking out against the Trump administration's calls for lockdowns early on in the pandemic."
| | CAMPAIGN MODE | | STEPPING IN — " Would Trump vs. DeSantis divide the Florida GOP? This candidate for party chair says no ," by Sarasota Herald-Tribune's Zac Anderson: "A showdown between former President Donald Trump and Gov. Ron DeSantis for the GOP presidential nomination could put Florida Republicans in a tough position, but if Christian Ziegler becomes state GOP chair he says he won't let it divide the party. Ziegler is a Sarasota resident who has served as Florida GOP vice chair for the last four years and now is running for chair." MAKING AN OFFER — " Miami bidding to host 2028 Republican National Convention. Here's the initial pitch ," by Miami Herald's Joey Flechas: "Miami has submitted a bid to host the 2028 Republican National Convention at the city's downtown arena. The bid comes at a time when Florida's rightward shift stands out in the U.S. national political map, and as Miami Mayor Francis Suarez, a Republican, mulls a potential 2024 presidential bid. Emails obtained by the Miami Herald through a public records request show the RNC invited the city to bid in July." — " After big midterm election gains, Broward Republican chairman wins second term ," by South Florida Sun-Sentinel's Anthony Man — " Alfie Oakes slate takes over Collier County REC ," by Florida Politics' Jacob Ogles — " Anthony Sabatini seeks county GOP post in apparent play for Florida GOP chair ," by Florida Politics' Jacob Ogles | | PENINSULA AND BEYOND | | WHAT'S IN YOUR WALLET? — " Owners of Florida homes, businesses set for jolt from higher electric bills starting in January ," by News Service of Florida's Jim Saunders: "State regulators Tuesday approved utility costs that will translate to higher electric bills in January for homeowners and businesses — and the pain won't end there. Bills will go up in January for many customers of Florida Power & Light, along with customers of Duke Energy Florida, Tampa Electric Co. and Florida Public Utilities Co. They likely will increase again in the spring because of high costs of natural gas used to fuel power plants. With utilities heavily reliant on natural gas, Florida Public Service Commission Chairman Andrew Fay expressed frustration about the costs and urged the regulatory panel to look at "risk management" to try to limit volatility in fuel prices." THE ANSWER IS NO — " Broward holds on to control of 911 operation, sidesteps talk about giving it away ," by South Florida Sun-Sentinel's Lisa J. Huriash: "The Broward County Commission sidestepped the demands of a state safety panel Tuesday when it dug in its heels to keep control of the regional 911 system and not hand it over to the Sheriff's Office. Broward County has the 'statutory responsibility and the accountability to handle this,' said County Vice Mayor Nan Rich. 'I don't think anybody up there wants to give up the system,' County Commissioner Michael Udine said after Tuesday's meeting." — " Who's next?': Outrage swells after neo-Nazi demonstration outside Lakeland drag show ," by The Ledger's Gary White — " What's next for Tampa's police department? Mayor Castor starts from scratch ," by Tampa Bay Times' Tony Marrero — " Jacksonville's Changing Homelessness gets $2.5M Bezos grant to 'double down on our work ,'" by Florida Times-Union's Beth Reese Cravey — " Tampa Bay lawmaker who called U.S. 19 pedestrian project 'waste' walks back claims ," by Tampa Bay Times' Jack Evans — " District announces safety measures, will use handheld metal detectors, dog in 2023 ," by Tallahassee Democrat's Ana Goñi-Lessan — " Plane flies Confederate flag and message to Mayor Curry after his window is apparently shot ," by WJCT's Dan Scanlan
| | ODDS, ENDS AND FLORIDA MEN | | — " Florida beach erosion uncovers wooden ship from 1800s ," by The Associated Press Mike Schneider and Freida Frisaro: "Severe beach erosion from two late-season hurricanes has helped uncover what appears to be a wooden ship dating from the 1800s which had been buried under the sand on Florida's East Coast for up to two centuries, impervious to cars that drove daily on the beach or sand castles built by generations of tourists. Beachgoers and lifeguards discovered the wooden structure, between 80 feet to 100 feet (24 meters to 30.5 meters), poking out of the sand over Thanksgiving weekend in front of homes which collapsed into rubble on Daytona Beach Shores last month from Hurricane Nicole." BIRTHDAYS: Tampa Mayor Jane Castor ... Tallahassee Mayor John Dailey … former State Rep. Elizabeth Fetterhoff … Progress Florida's Mark Ferrulo ... Allie Ciaramella | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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