The next front in Biden v. DeSantis

Hello and welcome to Tuesday.

Coming soon? — Florida’s ever-combative governor, Ron DeSantis, promised during a Monday evening campaign-styled speech at a gathering of business leaders, lobbyists and Republican legislators to bring a new wrinkle to his ongoing battle with the administration of President Joe Biden.

Open up the piggy bank — DeSantis said he would advocate tapping into the billions of dollars sent to the state as part of the coronavirus relief packages approved by Congress (read: Democrats) and use it pay off any fines that are assessed on Florida businesses for failing to meet new federal vaccine mandates placed on large employers.

‘Don’t comply’ — “If it gets to the point where they are trying to enforce, my view would be ‘don’t comply’ and we would support the Legislature taking some of the stimulus money and using it to pay off the fines that business incur,’ DeSantis told those gathered at a dinner hosted by the National Federation of Independent Business’ Florida chapter at a downtown Tallahassee hotel.

A defense fund — This is the second time DeSantis has floated the idea of having Florida taxpayers offset any fines (a “defense fund,” he called it previously) placed on businesses, if they do not comply with the rule put in place by the federal agency that oversees workplace safety rules. The governor noted the law is on hold due to an appeals court ruling and he predicted that “ultimately, it’s going down.”

Wait, what about — What’s significant about this idea — which a top DeSantis aide said after the speech is a “serious” one but one that hasn’t been formalized — is that it was DeSantis allies such as Education Commissioner Richard Corcoran who ripped into the federal government when it stepped forward and offered money to school districts hit with state sanctions after they refused to comply with the Florida’s edict on mask mandates.

The difference is… — When asked about the distinction, the explanation was that the Biden administration is a rule while Florida was enforcing a law. (Yeah, except that state lawmakers are this week changing the law to make it fit with the previously announced position of the administration.)

Ripple effects — There could be a lot of ramifications to this nonetheless — such as if the federal government demanded the money be paid back because it wasn’t used correctly. But more importantly, there’s a much bigger issue looming around a Biden administration proposal that requires health care providers to adopt a vaccine mandates. If they don’t comply, those providers could lose tens of millions in federal health care dollars. Several states have already sued over this rule but Florida hasn’t yet. When asked about it on his way out of the door DeSantis said “stay tuned.”

— WHERE’S RON? — Gov. DeSantis will roll out his environmental budget recommendations during stops in Naples and Miami.

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Driving the Day

DAY ONE — “Florida lawmakers move forward on vaccine mandate bills,” by Tampa Bay Times’ Lawrence Mower: “Florida lawmakers advanced multiple bills limiting mask and vaccine mandates during the first day of a contentious special session of the state Legislature requested by Gov. Ron DeSantis. Committees in the Republican-controlled House and Senate voted for bills that would require private employers to accommodate employees who do not want to be vaccinated and, eventually, swap federal oversight of workplace safety for state oversight. ‘I firmly believe we’re on the right side of history and of science,’ said Sen. Danny Burgess, R-Zephyrhills.”

THE SHOW — “‘Political theater’: DeSantis special session signals larger fights ahead of 2022,” by POLITICO’s Matt Dixon and Arek Sarkissian: Gov. Ron DeSantis is all-but certain this week to get the GOP-led Florida Legislature to pass his package of bills that hobble the Biden Administration’s Covid vaccine mandates. But those policy wins will quickly turn into political fights ahead of DeSantis’ 2022 reelection.

Fear factor — Democrats accuse the governor of using the weeklong special legislative session to boost his national profile ahead of his 2022 re-election and potential 2024 White House bid. They say it’s not about protecting workers — it’s “political theater.” “This is not about trying to craft good public policy,” said Florida House Democratic co-leader Evan Jenne during a Monday news conference. “This is about whipping up people’s fears. A lot of this is fear based.”

KEEP IT DARK — “Florida lawmakers push records exemption to protect unvaccinated employees,” by Miami Herald’s Mary Ellen Klas: “In an effort to protect unvaccinated employees from retaliation, Florida legislators advanced bills on Monday that will create a new exemption from public records that critics warn is unconstitutionally broad. Under the bills, SB 4B and HB 3B, the Florida Attorney General will be allowed to launch investigations into businesses that require employees to be vaccinated and, if found in violation of a new vaccine mandate law, the state may impose fines of $10,000 to $50,000 per violation. But under the bills, the public won’t be able to know what companies are being reviewed or investigated, and there is no requirement for the state to report its findings.”

— “Florida House takes first steps in creating state agency for worker safety, bucking OSHA,” by USA Today Network-Florida’s James Call

SPOTTED at NFIB’s Boots and Business dinner at the AC Hotel in downtown Tallahassee where Gov. Ron DeSantis spoke: state Sen. Jeff Brandes, Reps. Toby Oberdorf, Tyler Sirois, Clay Yarborough as well as a long line of well-known lobbyists and association officials from Tallahassee including NFIB’s Florida’s Bill Herrle, former House speaker Tom Feeney, Jennifer Green, Brett Doster, Dave Ramba, Eli Nortelus, Jim Rimes, and Keith Arnold.


CORONAVIRUS UPDATES

TRANSITIONS — “Top DeSantis staffer for health care resigns,” by POLITICO’s Arek Sarkissian: Gov. Ron DeSantis’ top lieutenant for health care announced her resignation on Monday night, with her replacement coming from the governor’s media relations department. Courtney Coppola has served as DeSantis’ deputy chief of staff since she was promoted in March from the Florida Department of Health, where she was chief of staff under former state Surgeon General Scott Rivkees. DeSantis spokesperson Taryn Fenske said Monday night that Coppola will be replaced by Katie Strickland, who is currently serving under Fenske as the governor’s deputy communications director.

WHAT’S IN YOUR WALLET? — “Amid protests in Cuba, DeSantis announces $25 million proposal to revamp Freedom Tower,” by Miami Herald’s Samantha J. Gross: “Behind a podium boasting “Patria y vida” at the Freedom Tower in downtown Miami on Monday morning, Gov. Ron DeSantis announced a $25 million request to make structural repairs to the historic tower. The budget request will be part of DeSantis’ multi-billion dollar proposal for the 2022 legislative session, and is subject to approval by state lawmakers. The nearly century-old Freedom Tower, which was built in 1925 as the headquarters for the Miami News, served as the central location for processing and documenting Cuban refugees fleeing to Miami during the Cold War.”

HEADED TO TRASH HEAP? — “Business groups oppose foam packaging phaseout as Fried rallies supporters,” by POLITICO’s Bruce Ritchie: Two Florida business groups on Monday signaled their opposition to Agriculture Commissioner Nikki Fried’s plans to phase out foam food container packaging. Representatives of the Florida Retail Federation and the Florida Petroleum Marketers Association said at an agriculture department workshop in Orlando that the proposed rule would be difficult to enforce and create shortages of alternatives to polystyrene foam.

Why they want it — Fried and environmental groups at a press conference in Orlando on Monday touted the proposal, which would apply to grocers, seafood markets and convenience stores regulated by the Department of Agriculture and Consumer Services. The environmentalists and Fried, who is running for governor, said foam products and the chemicals in them are a threat to health and the environment. But the proposal may hit a dead end in a Republican-led Florida Legislature that in recent years has passed bills banning the local regulation of foam packaging as well as straws and plastic bags, which also threaten the environment.

NEW CHALLENGE — “Florida cities sue state over ‘anti-riot’ law,” by Miami Herald’s Mary Ellen Klas: “Seven South Florida cities, as well as Tallahassee and Gainesville, are filing a lawsuit in state court on Tuesday challenging what they say is the executive branch’s ‘commandeering’ of local budget authority in the so-called “anti-riot” law that passed earlier this year. The law, HB 1, was a priority of the Republican-led Legislature and Gov. Ron DeSantis after demonstrators across Florida and the nation protested the death of George Floyd, a Black man killed by a Minneapolis police officer in 2020.”

FIGHTING THE ETHICS COMMISSION — Carlos Beruff, the longtime ally of Sen. Rick Scott and current chair of the Citizens Property Insurance board, is challenging the power of the Florida Commission of Ethics. Beruff, a home builder, is caught up in a long-running dispute over whether he violated the state’s financial disclosure laws. The commission ruled there was a probable cause he broke the law back in 2020 over disclosures he filed while he was sitting on the Southwest Florida Water Management District board.

Who wants to know? — The case is now before the Division of Administrative Hearings but Beruff’s attorney, Mark Herron, this month filed a legal challenge that contends that ethics commission has gone after his client due to rules that are not authorized under state law. So what’s the main rule at issue here? A requirement that says someone has to disclose the street address of property they own. The argument is that goes beyond what the Florida Legislature intended and a ruling supporting Beruff could have wide ramifications on transparency requirements for appointed and elected officials. Both the ethics case and the rule challenge have been consolidated and will go before a DOAH judge in late January.


DATELINE D.C.

SCOTT SOUNDS HAPPY ABOUT INFLATION — “High inflation prices pushes Biden to focus message on rising prices,” by Wall Street Journal’s Catherine Lucey and Alex Leary: “Further pressure is coming from financial markets, which have grown skittish. An emerging consensus among investors now expects the Federal Reserve to raise interest rates in 2022, rather than 2023 as originally anticipated. ‘You can see what’s going to happen next. We’re going to continue to have inflation, and then interest rates will go up,’ said Sen. Rick Scott (R., Fla.), who heads the GOP’s Senate-campaign arm and has for months sought to call attention to inflation. ‘This is a gold mine for us,’ Mr. Scott said.”

CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said there were 1,145 Covid-19 infections on Saturday and 1,059 on Sunday. The U.S. Department of Health and Human Services reported that 1,374 hospital beds were being used in the state for Covid-19 patients.

PASSED AWAY — “Palm Beach County teacher at center of ivermectin lawsuit dies after battling COVID-19,” by Palm Beach Post’s Andrew Marra: “A Palm Beach County teacher at the center of a battle to get a hospital to administer an unproven drug for her worsening COVID-19 symptoms has died from the illness. Tamara Drock, 47, of Loxahatchee, died from complications of COVID on Friday, 12 weeks after being admitted to Palm Beach Gardens Medical Center for treatment, her husband said. As she struggled with the disease, her husband, Ryan Drock, sued the hospital last month in an attempt to require it to administer ivermectin, a drug approved to treat conditions caused by parasitic worms but not COVID.”

— “Florida moves ahead with rule banning school face mask, quarantine requirements,” by POLITICO’s Arek Sarkissian

CAMPAIGN MODE

RICK SCOTT’S DILEMMA — “Why governors keep snubbing the Senate,” by POLITICO’s Marianne LeVine and Burgess Everett: Though former governor and National Republican Senatorial Chair Rick Scott (R-Fla.) led the charge, he downplayed the extent to which he tries to convince any candidate to run. “I basically simply talk to them about what their interest is,” Scott said. “I’m not actually trying to convince somebody they should run because my view of the world is if they don’t have a passion for it they shouldn’t run.”

— “‘We’re going to shoot our shot’: Michael Grieco files for remapped SD 37,” by Florida Politics’ Jesse Scheckner


THE GUNSHINE STATE

COLOR CLASH — “Is burgundy maroon? Gunman’s lawyers argue they’re different,” by The Associated Press’ Terry Spencer: “Attorneys for Florida high school shooter Nikolas Cruz told a judge Monday that detectives made false statements to get the search warrants allowing them to seize evidence from his cellphone and bedroom, including an argument over whether burgundy and maroon are the same color. The attorneys want Circuit Judge Elizabeth Scherer to bar prosecutors from showing jurors the videos, photos and messages found on his phone and guns, ammunition and other items seized from the friend’s home where he was living when he murdered 17 people at Marjory Stoneman Douglas High in Parkland.”

PENINSULA AND BEYOND

CLAMPDOWN — “Cuban government’s crackdown frustrates plans for an islandwide protest march,” by El Nuevo Herald’s Nora Gámez Torres: “Fearing a repeat of the images that spread around the world on July 11, when thousands of Cubans unexpectedly took to the streets to call for political change in the communist island, the Cuban government unleashed a wave of arrests and intimidation to frustrate a march called for Monday to protest against state violence and advocate for the release of political prisoners. To keep Cubans indoors, the government mobilized the military, the police and special units known as Black Berets to patrol the streets.”

— “Former Cuban journalist dissident Raul Rivero dies at 76,” by The Associated Press

JOINING IN — “Three professors join academic freedom lawsuit against UF,” by POLITICO’s Andrew Atterbury: The fallout over the University of Florida’s decision to bar three professors from testifying in a lawsuit against a controversial voting bill pushed by Gov. Ron DeSantis grew on Monday as three additional academics joined a lawsuit challenging the flagship school’s conflict of interest polices. In an updated complaint, the professors claim that University of Florida leaders blocked one faculty member from testifying as an expert witness in a lawsuit fighting the state’s rule outlawing school mask mandates and prevented two others from signing an amicus brief with their college affiliations.

GETTING WIDER — “Two Joel Greenberg associates indicted on federal charges in alleged real-estate fraud scheme,” by Orlando Sentinel’s Jason Garcia and Jeff Weiner: “Federal prosecutors investigating the crimes of former Seminole County Tax Collector Joel Greenberg have charged two of Greenberg’s associates and accused them of a multimillion-dollar real-estate fraud scheme, according to an indictment unsealed Monday. Authorities say Keith Ingersoll and James Adamczyk, working with other unnamed co-conspirators, bilked an Orlando-area investor out of over $12 million by persuading the investor to put up money for more than half a dozen fraudulent real-estate deals in Florida, other states and The Bahamas.”

— “Elected official broke the law by having private meeting, Broward’s top watchdog says,” by Sun Sentinel’s Lisa J. Huriash

— “Remembrance set at Florida aquarium for ‘Dolphin Tale’ star,” by The Associated Press

— “‘This area will be cleaned’: City warning sparks fear among homeless living under I-95,” by Miami Herald’s Anna Jean Kaiser


ODDS, ENDS AND FLORIDA MEN

— “Band won’t be charged for incident at Welcome to Rockville in Daytona,” by The Daytona Beach News-Journal’s Jim Abbott: “When Brass Against singer Sophia Urista urinated on a willing fan onstage during the Welcome to Rockville music festival, the incident generated worldwide publicity for the band, but it appears that it won’t result in any charges being filed by police. “No incident report was created because we didn’t actually speak to the reporting party,” said Messod Bendayan, Daytona Beach Police spokesman.”

— “Ex-Universal executive sues Disney, claiming it sold ride design for Rise of the Resistance,” by Orlando Sentinel’s Katie Rice: “A former director with Universal Creative is suing Disney, claiming the company used his design for a themed drop ride mechanism in its Star Wars: Rise of the Resistance ride without compensating him after he pitched the design to Disney years earlier. Louis Alfieri, now the chief creative officer of entertainment design company Raven Sun Creative, is seeking an unspecified amount in damages from Walt Disney Parks and Resorts for allegedly infringing on his patent for a ‘tower ride,’ according to a lawsuit filed in Orlando’s U.S. District Court last week.”

BIRTHDAYS: Darrick McGhee, chief operating officer of Johnson & Blanton

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