Wednesday, February 7, 2024

Florida Supreme Court will decide fate of abortion ballot initiative

Presented by Alibaba: Kimberly Leonard's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Feb 07, 2024 View in browser
 
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By Kimberly Leonard

Presented by

Alibaba

Abortion rights advocates rally in Florida.

Abortion rights advocates march to the Florida Capitol to protest a bill before the Florida legislature to limit abortions on Feb. 16, 2022. | Mark Wallheiser/Getty Images

Good morning from Tallahassee and welcome to Wednesday. 

Nearly 1 million Floridians want to vote on expanding abortion rights in the state. Now the Florida Supreme Court gets to decide if voters or lawmakers will have the final say on the issue.

Justices will meet at 9 a.m. today to review proposed language on the abortion rights ballot measure that's on track to go before voters in November. They'll determine whether the initiative's language is clear and focuses on a single topic, as state law requires.

It's the final step in the process after advocates raised $15.4 million for the ballot push and collected far above the necessary signatures to qualify.

If the conservative-leaning seven justices — five of whom are Gov. Ron DeSantis appointees — approve the measure, then it will need 60 percent of the vote to pass on November 5.

GOP Attorney General Ashley Moody is arguing against it. Among other things, she takes issue with the word “viability” on the ballot. The language of the proposed amendment says that abortion would be allowed through viability, which is generally understood to be at about 24 weeks into a pregnancy but can vary depending on fetal or parental health conditions.

The measure also creates a carve out for post-viability abortions, for health reasons left to a medical provider’s interpretation. (The Supreme Court previously had a broad definition of “health” exemptions for late-pregnancy abortions that included not just physical but emotional and psychological health, as well as family circumstances and age.)

If justices clear the ballot initiative's language, then voters will be able to decide whether to overturn restrictions on abortion passed by state lawmakers.

That would include not just gestational cut offs but other restrictions that make getting an abortion harder, including waiting periods and forced ultrasounds. It will maintain a requirement that minors who want an abortion get a sign off from their parents.

Today, abortion is legal in Florida until 15 weeks in a pregnancy —without exceptions for victims of rape or incest — but that could change. In addition to considering ballot language, the Florida Supreme Court is weighing whether the 15-week ban is legal. If they uphold it, then a six-week ban would get triggered a month later. The high court is expected to issue a ruling in that case in the near future.

“Depending on what the Supreme Court of Florida decides to do, it's very possible that a six week ban could go into effect very soon,” Florida House Minority Leader Fentrice Driskell told Playbook. “It tends to shock people. It tends to get them paying attention and it gets them more interested in voting on the issue and voting for candidates who want to protect choice.”

Watch the arguments here.

— WHERE'S RON? Gov. DeSantis will be in Fort Pierce to talk about the Job Growth Grant Fund at 10 a.m.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch at: kleonard@politico.com

A message from Alibaba:

Every day, American businesses generate big global sales on Alibaba's online marketplace – to the tune of $66B in one year alone. These sales are having a bigger impact on communities back home. Florida companies like Timberwolf Pet Foods and DS Laboratories sell to over one billion consumers in China through Alibaba, supporting 15,800 local jobs and contributing $1.9B to Florida's GDP. Learn more about how Alibaba positively impacts Florida's economy.

 


... DATELINE TALLAHASSEE ...


TODAY — The Walt Disney Co. will report its earnings at 4:30 p.m. EST and perhaps drop hints about its future in Florida. (Here’s the webcast.)

ALSO TODAY — The Florida House and Senate will take up their respective budgets.

WHAT’S NEXT? — DeSantis dropped out of the 2024 race. But he's acting like he’s still on the campaign trail, by POLITICO’s Gary Fineout. Ron DeSantis may be done with the presidential race. But he's not done with Florida and he's out to prove it. Less than two weeks after he returned to Florida as a failed White House aspirant, people within the DeSantis orbit say the governor is reminding Floridians that he’s still the state’s top official — while looking to his political future.

Of note …  DeSantis called dozens of donors to thank them for their help — a surprising move for a governor not known for his people skills.

STATUE SHOWDOWN A Senate committee considering a bill to block cities and counties from removing Confederate monuments devolved on Tuesday evening as Republicans and Democrats split bitterly over the legislation.

The emotionally charged hearing got so contentious that at one point Democrat Sen. Jason Pizzo — who repeatedly asked pointed questions of supporters in the audience and sarcastically said he would pay to move monuments to the homes of those who like the monuments — contended that a supporter called him a “fucking asshole” even though the supporter denied doing so.

Later in the hearing Charles Patrick, one of the bill supporters, called the effort to remove statutes “part of the culture war being waged against white society.” Patrick, in response to a question from Democratic Sen. Rosalind Osgood, the lone Black senator on the committee, also said that he also opposed the teaching of racism because it was part of “critical race theory.”

As the hearing went on, GOP Senate Majority Leader Ben Albritton could be seen polling GOP senators to make sure there were still enough votes to pass the bill. But right before the vote, the three Democrats who sit on the committee walked out in protest.

Sen. Jennifer Bradley, a Republican from Clay County, was one of the yes votes but she said had considered voting no because she said some of the supporters had made “vile” and “bigoted” comments. Sen. Jonathan Martin, the bill sponsor and a Fort Myers Republican, ripped Pizzo and Democrats for walking out of the committee meeting and accused them of “political grandstanding.”

“This bill is not about white supremacy, it’s not about Southern culture,” said Martin, who said he “disavowed” the comments made by some of the supporters.

After the vote was over, Senate Democrats posted a message on social media, stating, “Tonight, Florida Senate Democrats stood up against racism and hate. ‘Preserving history’ should never come at the expense of Black Floridians. We are proud to defend our values, but deeply saddened by the disgusting and dangerous displays tonight in the Florida Capitol.”

— Gary Fineout

Leaves of cannabis plant are seen.

The bill advanced through committee. | Rich Pedroncelli/AP


BEFORE BALLOT HITS — Senate committee passes preemptive THC caps, reports POLITICO’s Arek Sarkissian. The measure would cap the concentration of THC found in raw “flower” marijuana to 30 percent and would also place a 60 percent cap on other pot-infused products such as oils and lotions. Edibles would be limited to 200 milligrams per package, and 10 milligrams per serving.

EVEN WITH GOV SUPPORT — “Florida flag bill in peril after stalling in Senate,” reports POLITICO’s Andrew Atterbury. For a second straight week, the bill outlawing any flag that “represents a political viewpoint” from state buildings has stalled in its initial Senate committee hearing.

TALK ABOUT IT — ‘We ignore this at our peril’: Florida legislators make property insurance pitch, reports POLITICO’s Gary Fineout. Rep. Spencer Roach, a North Fort Myers Republican, and Rep. Hillary Cassel, a Dania Beach Democrat, have proposed letting Citizens Property Insurance, the state-created insurer of last resort, assume all hurricane-related coverage and pay claims associated with wind damage.

The concept is getting resistance from Citizens officials as well as others in the insurance industry, but House Republicans agreed to have a half-hour discussion of the pros and cons of the proposal, which could mean legislators could revisit it next year. The actual bill (HB 1213) never got officially heard by any House committee and is dead for the session.

PRICE TAG — “House agrees to Senate’s Live Healthy funding levels,” reports Florida Politics’ Christine Jordan Sexton. “The House and Senate have agreed to spend $717 million on a sweeping health care plan meant to increase the state’s workforce by increasing access to graduate medical education and student loans, and to increase reimbursements for an array of health care providers.”

TASK FORCE — “Are kindergarteners too young to be taught about communism? In Florida, maybe not,” reports Ryan Daily of News Service of Florida. “The proposed task force, which would be housed at the state Department of Education and be made up of members appointed by the governor, would make recommendations ‘for curriculum standards and instruction on the history of communism for kindergarten through grade 12.’”

AGE LIMITS — “Some Florida lawmakers want to reduce age to buy rifles, raise age to be stripper,” reports USA Today Network - Florida’s Douglas Soule. “In Florida, if you're as young as 18 you soon may be able to buy a rifle — but you won't be able to be an exotic dancer. On the one hand, lawmakers want to tamp down sex trafficking. On the other, they want to protect the gun rights of young adults in rural areas, as one lawmaker explained, who ‘do a lot of bird hunting.’”

FIREARM POLICY STALLED — “Gun bills mostly stalled in Florida Legislature, stymieing both sides,” reports James Call of USA Today Network - Florida. “At the halfway mark of the annual Florida legislative session, everyone but Republican leaders appear frustrated with the approach to gun regulations … gun control and Second Amendment advocates proposed 12 changes in state law on who can buy firearms, background checks for purchases, and how guns are stored. Eight of the ideas would increase requirements for gun owners. Only one has been debated and has passed a Senate committee: A stray bullet bill prohibiting firing a gun over or across property lines. It has yet to be heard in the House.”

ARCHITECTURAL GEMS — “Bills threatening Miami Beach buildings are back. Opponents say history is at stake,” reports Aaron Leibowitz of the Miami Herald. “At the legislation’s core is a notion that old buildings near Florida’s coast ought to be demolished if a local building official deems them unsafe or if they don’t meet federal standards that call for flood-resistant materials and elevated structures in vulnerable areas. Preservationists say few historic buildings conform to those rules.”

DIGITAL DOLLAR — “Florida Legislature moves to regulate state’s use of digital currency,” reports Liv Caputo of The Floridian. “The bill requires banks wishing to deal in digital trusts to fill out an application including fingerprints, photos, and financial statements of upper-level employees. Details on the customer base, marketability, and all past business ventures of the applicant must also be included. The Office of Financial Services has up to 120 days to approve the application.”

 

DON’T MISS POLITICO’S GOVERNORS SUMMIT: Join POLITICO on Feb. 22 to dive into how Governors are wielding immense power. While Washington remains gridlocked, governors are at the center of landmark decisions in AI and tech, economic development, infrastructure, housing, reproductive health and energy. How are they setting the stage for the future of American politics, policies and priorities? How are they confronting major challenges? Explore these questions and more at the 2024 Governors Summit. REGISTER HERE.

 
 
CAMPAIGN MODE


EYE ON ELECTIONS — “Biden says he wants to win Florida. Local Dems also focused on commission, legislative races,” by Antonio Fins of the Palm Beach Post. “The state legislative races include House District 91 in Boca Raton where attorney Jay Shooster has raised significant sums of money in his bid to defeat first-term incumbent Republican Peggy Gossett-Seidman. County Democrats are also eyeing House District 94, which will be an open seat since Republican state Rep. Rick Roth faces term limits. Palm Beach Gardens Mayor Rachelle Litt is the lone Democrat running against five Republicans for that seat.”

MENDING FENCES? — U.S. Rep. Matt Gaetz, who had former House Speaker Kevin McCarthy ousted from his post, is now “fully” endorsing the California Republican as chair of the Republican National Committee. The endorsement comes after The New York Times reported that RNC Chair Ronna McDaniel will step down.

 

A message from Alibaba:

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DATELINE D.C.

Opposition coalition presidential hopeful Maria Corina Machado gives a press conference outside her campaign headquarters in Caracas, Venezuela.

María Corina Machado. | Ariana Cubillos/AP

TODAY — The Western Hemisphere Subcommittee will hold a roundtable with Venezuelan opposition candidate María Corina Machado, per GOP Chair María Elvira Salazar. Machado will appear virtually.

‘WILLING BRIDGE’ — “Maxwell Frost is Biden's Gen Z super weapon,” reports Dan Merica and Nicole Gaudiano for Raw Story. “Maxwell Frost has not been shy about criticizing Joe Biden’s administration — from climate change to border policy to Israel’s war in Gaza. But the nation’s first Gen Z congressman has nevertheless seen his profile inside the Democratic Party rise. And despite Frost’s concerns, the 27-year-old Floridian is becoming an increasingly essential surrogate for the 81-year-old Biden. To Frost, that push and pull is part of any relationship, and he doesn’t know why it should be any different in politics.”

GAETZ-LED — “Dozens of House Republicans declare Trump’s Jan. 6 actions were not insurrection,” reports The New York Times’ Luke Broadwater. “The measure aims to influence courts and state election officials who are weighing whether Trump is eligible to hold office under the 14th Amendment’s ban on insurrectionists, an issue that is casting a cloud over the primary season and as Trump closes in on the Republican nomination.”

 

YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics. 

 
 


ODDS, ENDS AND FLORIDA MEN


BIRTHDAYS: Former State Rep. Brad Drake … former U.S. Rep. Allen West

A message from Alibaba:

Timberwolf Pet Food, a family-owned company based in Windermere, Florida, achieved an impressive 7-figure growth after launching on Alibaba's online marketplace, which reaches over one billion consumers in China. Partnering with Alibaba helped the 25-year-old company double its sales projections, allowing Timberwolf to expand its product lines, production, and staffing to meet the increasing demand.

Florida businesses generated enough global sales on Alibaba’s online marketplace to add $1.9 billion to Florida’s economy, supporting 15,800 local jobs and $1.1 billion in wages in one year.

"I knew from experience that Alibaba, with over one billion online consumers, was essential to launch our brand in China successfully," said Timberwolf CEO Kam Martin.

Learn more about how Alibaba positively impacts Florida's economy.

 
 

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Kimberly Leonard @leonardkl

 

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