News

Mar 18, 2023

Florida Playbook

By GARY FINEOUT 06/05/2023 07:06 AM EDT Hello and welcome to Monday.

By GARY FINEOUT

06/05/2023 07:06 AM EDT

Hello and welcome to Monday.

Situational awareness — Florida Gov. Ron DeSantis’ redistricting map that dismantled the seat of North Florida Democrat Al Lawson and helped Florida Republicans net four seats in Congress has a key legal test in court today.

Motion time — A circuit court judge is being asked to decide whether the Florida Legislature and Secretary of State can assert as part of a legal defense strategy that the Fair Districts amendment — which was passed by voters in 2010 and imposed redistricting standards on legislators — is unconstitutional.

Context — The lawsuit filed by the groups challenging the 2022 map contends the decision to wipe out Lawson's seat violated a provision in the Fair Districts amendment designed to protect seats held by minorities. But in a legal argument that echoes the same one used by DeSantis, the groups assert that Lawson's seat violated federal constitutional standards of equal protection.

The argument — Attorneys for the voters and groups suing — which includes Black Voters Matter, Equal Ground and the League of Women Voters of Florida — state in an April court filing that this argument is an "affront to the Florida Constitution" and that legal precedent bars officials in other branches of the government from making this determination.

From the filing — "To allow the House and Senate to defend their actions by asserting that they have decided that portions of the Florida Constitution are unconstitutional would be to grant the Legislature the power to cherry-pick which constitutional provisions it will follow," state the attorneys for the groups challenging the map.

Response — Lawyers for the Legislature have argued that the motion was not timely filed and disagree with the legal reasoning offered by the groups challenging the map.

Coming attractions — This hearing will not resolve the underlying questions as the heart of the lawsuit, but it could be an important prelude to the trial that is currently scheduled to start in August. A separate federal lawsuit challenging the map heads to trial a month later.

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

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STARTING BACK UP? — California authorities say migrants flown to Sacramento have links to Florida, by POLITICO's Gary Fineout: More than a dozen migrants were flown to Sacramento and dropped off in front of a Catholic church on Friday, sparking speculation from California officials that the flight was arranged by Gov. Ron DeSantis’ administration. DeSantis created a national furor last September when his administration paid to fly nearly 50 migrants from Texas to Martha's Vineyard, an act that he frequently mentions during public appearances and speeches, including while campaigning for president.

No reply — Both the DeSantis administration and the Florida Division of Emergency Management — which now oversees the relocation program — did not immediately respond to inquiries from POLITICO on Sunday.

SOME MORE DETAILS — "California officials investigating flight of migrants to Sacramento," by The New York Times Shawn Hubler, Nicholas Nehamas and Emily Cochrane: "'We’re confident it was Florida,' California's attorney general, Rob Bonta, said in an interview on Sunday, citing documents the migrants showed authorities upon their arrival that indicated their travel had been 'administered by the Florida Division of Emergency Management' and its contractor, Vertol Systems Company. Mr. Bonta, whose office is investigating the episode, said that the migrants, who are not fluent in English, had been approached outside El Paso and told 'in broken Spanish' to sign the documents as a condition of boarding the plane to Sacramento, but that not all had understood where they were going and not all had signed."

SAYING IT OUT LOUD — ‘F--- Ron DeSantis’: Florida Rep. Maxwell Frost shouts at Paramore concert," by Rolling Stone's Charisma Madarang: "Rep. Maxwell Frost (D-FL), the first Gen-Z Democratic Congressman, joined Paramore on stage at a show in Washington, D.C. on Friday night. After introducing him to the crowd, lead singer Hayley Williams asked the Florida lawmaker if he had a message he wanted to share, to which he promptly shouted: ‘F--- Ron DeSantis! F--- fascism!’ Williams then addressed the cheering crowd: ‘Do you see this? Do you see the future right here?’ Last weekend, at the Adjacent Music Festival in Atlantic City, the lead singer declared: ‘If you vote for Ron DeSantis, you’re f–king dead to me. Is that comfortable enough for anyone?’" Watch the video here

For what it's worth — State Rep. Randy Fine on his Facebook page last week linked to a Fox News story about Williams’ initial comments in Atlantic City and said: "Not going to lose a lot of sleep over this one…. (P.S. I have no idea who this person is)."

TRAIL MIX — A ‘Roast and Ride’ diary: Debate jitters, freebies and high demand for DeSantis, by POLITICO's Natalie Allison: DeSantis has arrived and is greeting supporters by the Never Back Down Bus. His wife, Casey, is showing an unparalleled commitment to wearing branded jackets, today sporting a leather "Where Woke Goes to Die" coat in 85-degree heat. She is holding their 3-year-old on her hip. The couple, who have been emphasizing their relative youthfulness as they travel the country, pledged in Iowa on Wednesday to bring their three children out on the campaign trail. They seem to be struggling to wrangle all these kids within a swarm of supporters and reporters. But DeSantis — who has faced quite a bit of criticism for his aloofness — is out here doing retail politics, and he seems to be improving at it.

Republican presidential candidate Ron DeSantis and his wife Casey are introduced during Joni Ernst's Roast and Ride event on June 3 in Des Moines, Iowa. | Scott Olson/Getty Images

DIRECTIONS — "DeSantis hits Trump from the right while ex-president looks ahead to the general election," by Associated Press’ Jill Colvin: "In Iowa on Saturday, he hit back at Trump for saying he didn't like the term ‘woke’ because people have a hard time defining it. ‘Woke is an existential threat to our society,’ DeSantis said. ‘To say it's not a big deal, that just shows you don't understand what a lot of these issues are right now.’… The attacks underscore the underlying early dynamic of the race: As DeSantis tries to win over GOP primary voters and chip away at Trump's commanding early lead, Trump is already pivoting to a general election matchup against President Joe Biden."

THE PITCH — "In need of success in Iowa, DeSantis starts making his pitch to evangelical voters," by McClatchy D.C.'s Alex Roarty: "Ron DeSantis hopes all Evangelical voters eventually see him the way Monica Morrison already does. The 66-year-old retired Air Force veteran, after attending a DeSantis political rally last week in a hot, crowded reception on the state's western edge, compared the governor to Moses. 'He stands for the moral integrity of what God has ordained,' said Morrison, who wore a 'DeSantis 2024' sticker and talked in detail about DeSantis’ record as governor, including his decision to ban gender-affirming care for children."

— "Showtime pulls ‘Vice’ episode on Ron DeSantis," by The Hollywood Reporter's Rick Porter

— "DeSantis is trying to convince Republicans the Trump years weren't all that great. Will they believe him?" by CNN's Steve Contorno

— "GOP lawmaker advises Ron DeSantis: Don't try to ‘out-Trump’ Donald Trump," by USA Today's David Jackson

— "Casey DeSantis sports ‘Where Woke Goes to Die’ jacket at Iowa GOP event," by New York Post's Jacob Geanous

— "DeSantis juggles two big jobs: governor and presidential candidate," by Orlando Sentinel's Skyler Swisher

— "Poll: Donald Trump leads Ron DeSantis in Florida, 53% to 33%," by Florida Politics’ A.G. Gancarski

— "DeSantis's hard-right brand faces test in New Hampshire," by The Hill's Max Greenwood

— "DeSantis names Tampa lawyer, ‘Jeopardy’ champion to Disney oversight board," by Orlando Sentinel's Skyler Swisher

AS THE PAGES TURN — "Grand jury in Trump classified documents case expected to meet this coming week after hiatus," by NBC News’ Laura Jarrett, Carol E. Lee, Ryan J. Reilly, Ken Dilanian and Julia Ainsley: "The federal grand jury that has been hearing evidence in the Justice Department's investigation of former President Donald Trump's handling of classified documents is expected to meet again this coming week in Washington, according to multiple people familiar with the investigation. Prosecutors working for special counsel Jack Smith have been presenting the grand jury with evidence and witness testimony for months, but activity appeared to have slowed in recent weeks based on observations at the courthouse and sources."

— "Pence, Haley and DeSantis slam Trump for congratulating North Korea's Kim Jung Un," by Fox News’ Paul Steinhauser, Rich Edson and Timothy H.J. Nerozzi

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THAT’S A WRAP — State Attorney Jack Campbell, contending that "it was unlikely any court would impose any meaningful sanction," announced in a court filing on Friday that he was dropping trespassing charges against Florida Democratic Party chair Nikki Fried, State Sen. Lauren Book and nine other protesters arrested in early April outside of City Hall.

The protest, organized by Occupy Tallahassee, was in opposition to Florida's ban on abortions after six weeks of pregnancy. Police told the group they needed to move from a paved area in front of City Hall shortly after sundown or they would be arrested.

In his filing, Campbell said that while there was probable cause for the arrests those who were charged have "elected to use the criminal justice system to amplify their political agenda. Put plainly, they wanted to be arrested and gained media attention by being arrested. The state has no interest in encouraging more unlawful behavior through extending their notoriety as they move through the court system."

Campbell also noted those arrested had no criminal history and cooperated with officers. He did warn that those who "wantonly violate the rules" should expect to go to jail and that future protesters who resisted arrest or "assail" law enforcement would be hit with "greater penalties."

Fried celebrated the charges being dismissed, but said "I would have gladly gone to trial over this, because Floridians are being denied the fundamental right to control their own bodies. If that's not worth being arrested for, I don't know what is."

Book snapped back at Campbell's court filing, stating she wasn't trying to "amplify (a) political agenda." She said that "while it was certainly not my plan to get arrested on the evening of April 3, I was nonetheless proud to join this group of women sitting peacefully, singing, and exercising our First Amendment rights to protest Florida's dangerous abortion ban, which passed through the Senate earlier that day."

NIXED — "Kathleen Passidomo knew ‘eyeball war’ veto was coming," by Florida Politics’ Christine Jordan Sexton: "Gov. Ron DeSantis vetoed a priority bill (SB 230) of Senate President Kathleen Passidomo Friday and offered no explanation in his official veto message. The veto of SB 230, which would have prevented optometrists from calling themselves ‘physicians,’ is the latest chapter in the long-running ‘eyeball wars’ saga in the Capitol that has been waged between optometrists and ophthalmologists. Katie Betta, a spokesperson for Passidomo, said the Senate President was made aware the veto was coming and that she believes the bill started an ‘important conversation she hopes to continue.’"

— "Florida not doing enough to keep children on Medicaid, health advocates warn," by Tampa Bay Times’ Christopher O’Donnell

WATCH THIS SPACE — "California, Florida headed for ‘crash collision’ over custody of transgender children," by The Sacramento Bee's Andrew Sheeler: "Normally, when two courts in different states are determining jurisdiction in a custody case, ‘there's a process where the courts are supposed to resolve jurisdictional issues. One court has to give way to another court,’ [family law attorney Alphonse] Provinziano said. But since both California and Florida law require their respective courts to assert jurisdiction in this case, neither can give way, he said. What it means is that if a parent in California and a parent in Florida share a transgender child, and they disagree over whether the child should receive affirming care, there's no legal way to resolve this dispute, Provinziano said."

FALLOUT — "Transgender adults in Florida ‘blindsided’ that new law also limits their access to health care," by Associated Press’ Thalia Beaty, Brendan Farrington and Hannah Schoenbaum: "The new law that bans gender-affirming care for minors also mandates that adult patients seeking trans health care sign an informed consent form. It also requires a physician to oversee any health care related to transitioning, and for people to see that doctor in person. Those rules have proven particularly onerous because many people received care from nurse practitioners and used telehealth. The law also made it a crime to violate the new requirements."

‘WE HAVE BEEN HERE FOREVER’ — "Trans legislator: LGBTQ community won't surrender to Florida's anti-gay laws," by Palm Beach Post's Stephany Matat: "A prominent transgender legislator at the center of a national controversy took aim at Florida's recent spate of LGBTQ-restrictive laws Saturday, saying the gay community would not be moved. ‘We're gonna say we know exactly what these bills are trying to do. They're trying to exterminate us, and we're not going to stand for it,’ Montana Rep. Zooey Zephyr told a crowd of about 100 people Saturday evening in downtown West Palm Beach. ‘Trans people, queer people, intersex people exist. We have been here forever, and we're not going anywhere.’"

THE SITUATION — "Florida school districts are losing superintendents. It's tough out there," by Tampa Bay Times’ Jeffrey S. Solochek: "Since November, the chief administrators in Broward, Brevard, Flagler, Collier, Sarasota, Escambia and Duval counties have been fired or pushed to leave. The interim leader in Brevard was quickly pushed out, too. And in Hernando County, Superintendent John Stratton survived a no-confidence vote this past week as the two right-leaning members of his board couldn't convince a third colleague to back them up. That made Stratton a rarity among Florida superintendents: He's still standing."

— "Accused of corruption, Latin leader uses mystery money, Florida firms amid impeachment fight," by Miami Herald's Antonio Maria Delgado and Organized Crime and Corruption Reporting Project's Kevin G. Hall

— "One arrest made in Hollywood Broadwalk mass shooting, arrest warrants for two others obtained," by South Florida Sun-Sentinel's Shira Moolten and Angie DiMichele

— "Lame duck FHSAA board meets landmark changes pushed by Gov. Ron DeSantis," by Orlando Sentinel's Buddy Collings

BIRTHDAYS: Former Chief Financial Officer Alex Sink … former State Rep. Seth McKeel … Heidi Otway, president and partner at SalterMitchell PR

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