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Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State | | | | |  | | By Gary Fineout | Welcome to Friday morning. D.C. ways — Should Florida’s governor have some of the same powers as the president of the United States? Well, attorneys for Gov. Ron DeSantis keep arguing that he should and it appears they are hoping that a judge will eventually go along with this idea. Keep pushing — In a line of recent cases, including one that goes before a Leon County circuit judge this morning involving the migrant relocation program, both public and private attorneys representing the Republican governor keep trying to get a ruling that DeSantis is shielded by executive privilege. The goal, of course, being so that his office does not have to turn over information to those challenging his actions in court. Not here — Obviously executive privilege is something that has been a subject of a lot of litigation at the federal level, including in recent fights involving former President Donald Trump, but it’s not recognized in Florida. Yet that hasn’t stopped DeSantis’ lawyers from trying to get a judge to say that it should. (Hmm.) Examples — In a late December court filing, the governor’s legal team argued it should not have to turn over documents requested by state Sen. Jason Pizzo in his lawsuit challenging DeSantis’ contentious migrant relocation program. And one reason they cited was “executive privilege.” From the filing — “The executive privilege shields the (Executive Office of the Governor) from inquiries into consultants, directions or discussions among its high-ranking officials or with other executive branch agencies,” attorneys for the governor wrote. “Governor DeSantis and his staff must be free to openly and critically discuss ideas and policies without fear that their discussions could become public.” Watergate connection — One of the cases cited by the governor’s attorneys to back up their case? The 1974 case United States v. Nixon where the U.S. Supreme Court ordered that Nixon turn over tapes being sought by a prosecutor investigating Watergate. But that ruling also did acknowledge executive privilege existed for the president due to separation-of-powers. So why do this? — The governor’s office declined to comment on why DeSantis keeps trying to get executive privilege and instead referred to the legal filings. But it may have something to do with Florida's public records laws enshrined in the constitution. Judicial notice — Ryan Newman, the governor’s general counsel, was asked in court by U.S. District Judge Robert Hinkle why there were no notes from the meetings held to discuss the suspension of Hillsborough County State Attorney Andrew Warren. Hinkle wondered if it was because of Florida’s public records laws. Newman remained quiet and did not respond. Response — Mark Herron, the lawyer representing Pizzo, in his response said the assertion by DeSantis’ lawyers runs “contrary to the broad openness of public records in Florida and is contradicted by the Florida Constitution itself.” Herron added that there was no support for the argument that separation of powers overrules the constitutional provision that records are “open for inspection by the public.” Stay tuned. — WHERE'S RON? — Nothing official for Gov. DeSantis. PROGRAMMING NOTE: Florida Playbook will not publish on Monday, Jan. 16 in observance of Martin Luther King Jr. Day. We’ll be back to our normal schedule on Tuesday, Jan. 17. Please continue to follow POLITICO Florida. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com
| | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | | |  | DESANTISLAND | | CHALLENGE — “DeSantis tested on immigration as he weighs 2024 candidacy,” by The Associated Press’ Steve People, Adriana Gomez Licon and Anthony Izaguirre: “Florida Gov. Ron DeSantis sent dozens of immigrants from Texas to an island off the Massachusetts coast last year in a high-profile effort to highlight illegal immigration on the eve of the midterm elections. But as thousands of Cuban migrants flocked to his own state’s shores in recent weeks, he adopted a more cautious approach. The governor, who is a top Republican presidential prospect, activated the National Guard late last week. But related deployments of soldiers, boat patrols and military planes were slow to materialize.” | 
Florida Gov. Ron DeSantis waves during an inauguration ceremony at the Old Capitol, Tuesday, Jan. 3, 2023, in Tallahassee, Fla. (AP Photo/Lynne Sladky) | AP |
DIFFERENT POV — “Board member: Turning Sarasota’s New College into conservative ‘Hillsdale of the south’ unlikely,” by Sarasota Herald-Tribune Zac Anderson: “Yet, at least one new board member isn’t sure that creating a ‘Hillsdale of the South’ — as a DeSantis administration official put it — is possible or even desirable, and he doesn’t believe any big changes will happen quickly.”
— “Gov. DeSantis questions ‘intensive’ treatment for childhood obesity,” by Florida Phoenix’s Isaac Morgan — “Man arrested at gunpoint in DeSantis voter fraud crackdown, video shows,” by The Guardian’s Sam Levine
| | CAMPAIGN MODE | | DESANTIS VS. TRUMP — A new national University of Massachusetts Amherst poll shows DeSantis and former President Donald Trump locked in a tight battle for the Republican presidential nomination. In a one-on-one matchup, the poll found DeSantis edging Trump 51 percent to 49 percent, which is inside the poll’s margin of error. When other Republican candidates are added, Trump leads the field with 37 percent, followed by DeSantis at 34 percent. “In the coming year, if the election does indeed become a two-person race GOP voters will have a difficult decision to make between two viable and popular candidates,” said Tatishe Nteta, provost professor of political science at UMass Amherst and director of the poll. Pollsters said the poll found that older, wealthier and more educated Republicans preferred DeSantis over Trump. The poll of 1,000 respondents nationally was conducted by YouGov and has a margin of error of plus/minus 3.55 percent. THE FRONTRUNNER? — “Biden beats Trump, marginally trails DeSantis in new GOP poll,” by NBC News’ Marc Caputo: “Though he’s not as well-known to voters overall, Florida Gov. Ron DeSantis is emerging as a bigger potential threat to President Joe Biden than former President Donald Trump, according to a new nationwide poll conducted for the conservative Club for Growth. The poll shows Trump losing to Biden 41-48% — an 8-percentage point disadvantage for the Republican that’s outside the poll’s 3-point error margin. But in a head-to-head matchup against DeSantis, Biden gets 42% of the theoretical vote compared to 45% for the Florida governor, which is essentially a statistical tie, the online survey of 1,035 voters from WPA Intelligence shows.” — “Jacksonville sheriff’s race may be uncontested,” by Florida Politics’ A.G. Gancarski | | TRUMPLANDIA AND THE SWAMP | | ‘THEY MOBILIZED’ — ‘Lords of war’: DOJ lays out case that Proud Boys leaders led Capitol breach, by POLITICO’s Kyle Cheney: Leaders of the far-right Proud Boys loyal to then-President Donald Trump mounted a sophisticated effort to stop the transfer of power to then-President-elect Joe Biden that culminated in an organized push to breach the Capitol, prosecutors argued Thursday. Proud Boys chair Enrique Tarrio and four allies took cues from Trump’s refusal to cede the election to Biden and inspiration from his debate-stage call for the Proud Boys to “stand back and stand by,” Assistant U.S. Attorney Jason McCullough said. — “Prosecutor: Proud Boys attacked ‘heart’ of democracy on 1/6,” by The Associated Press’ Michael Kunzelman, Lindsay Whitehurst and Alanna Durkin Richer | 
Proud Boys leader Henry "Enrique" Tarrio wears a hat that says The War Boys during a rally in Portland, Ore. on Sept. 26, 2020. | Allison Dinner/AP Photo | | | | | JOIN NEXT TUESDAY TO HEAR FROM MAYORS AROUND AMERICA: 2022 brought in a new class of mayors leading “majority minority” cities, reshaping who is at the nation’s power tables and what their priorities are. Join POLITICO to hear from local leaders on how they’re responding to being tested by unequal Covid-19 outcomes, upticks in hate crimes, homelessness, lack of affordable housing, inflation and a potential recession. REGISTER HERE. | | | | | | | ... DATELINE TALLAHASSEE ... | | TALLAHASSEE ON YOUR SIDE — “Florida leaders give even more love to family trusts of the super rich,” by Orlando Sentinel’s Jeffrey Schweers: Florida has long been a tax haven, but new trust laws enacted over the past three years friendly to the heirs of the Walmart fortune and other families will make the state even more accommodating to the uber-rich looking to hide wealth and avoid taxes for generations to come. Trust the process — “Public records obtained by the Orlando Sentinel found that Mat Forrest of the powerful Tallahassee lobby firm Ballard Partners played an extensive role in drafting the trust legislation and preparing talking points to counter arguments made by opponents. Records also show that the lobbying effort was spearheaded by Kenneth Halcom, a partner with Cravath, Swaine and Moore, a New York law firm, who had represented Walmart’s heirs.” 2023 AGENDA — “Legislative fight over pharmacy benefits managers ahead; DeSantis enters the fray,” by Florida Politics’ Christine Jordan Sexton: “Gov. Ron DeSantis, who lashed out at federal regulators and said they continue to stonewall his plan to import drugs from Canada into Florida, says he will push the Legislature to impose new regulations on prescription drugs in an effort to bring down prices. "Announced on National Pharmacists’ Day, the move will give DeSantis another chance to say he’s tackling the thorny issue of prescription drug pricing ahead of a potential campaign for president later this year. It’s the first time the DeSantis administration will delve directly into a legislative battle over pharmacy benefit managers (PBMs) — organizations that represent health insurers and negotiate with drug manufacturers.” — “Day 4 of trial testimony: University teacher feels that recording lectures is ‘creepy,’ ‘invasive,’” by Florida Phoenix’s Danielle J. Brown — “‘I’m being targeted’: Proctor joins legal challenge to Florida amendment barring lobbying,” by Tallahassee Democrat’s Karl Etters | | Transitions | | Alex Vargo is now senior policy adviser for Florida Gov. Ron DeSantis. He most recently was VP of policy at the American Free Enterprise Chamber of Commerce and is a Mitt Romney and Ted Budd alum. Rep. Maxwell Alejandro Frost on Friday announced several key hires . Yuri Beckelman who will serve as Frost’s chief of staff. Beckelman comes to Frost with more than 15 years of congressional experience, most recently serving as the staff director for the House Select Committee on the Modernization of Congress and as senior adviser to the House Veterans’ Affairs Committee. Samantha Ramirez has been hired as communications director. Ramirez recently served as communications director for Charlie Crist’s gubernatorial campaign. Trinity Tresner, who worked for former state Rep. Joy Goff-Marcil, will be Frost’s scheduler. Jason Henry, who had been an aide for an Orlando city commissioner,has been hired to serve as Frost’s district director in central Florida. Henry is joined in Orlando by Sarah Elbadri who will be deputy district director and director of constituent services. Elbadri most recently worked for Orange County government. Alexandra Webb is now legislative director for Rep. Anna Paulina Luna while Edie Heipel is now communications director for Luna. Webb most recently was legislative assistant for Rep. Ben Cline (R-Va.), while Heipel most recently was political correspondent for Catholic News Agency and is a Trump OMB alum. | | PENINSULA AND BEYOND | | DELETE ALL — “UF advises everyone on campus to stop using TikTok, citing security concerns,” by Tampa Bay Times’ Divya Kumar: “As national security concerns about TikTok mount, the University of Florida on Thursday sent an email to all members of the campus community “strongly discouraging” using the application and recommending they remove it from their devices due to security concerns. The message said there is a ‘strong possibility’ that TikTok will soon be added to a list of nonpermitted software applications that can be used on campus devices or networks.” WITH THE JUDGE NOW — “Trial exposes nuances, conflicts and contradictions of U.S. immigration policy,” by Miami Herald’s Ana Ceballos: “A central question in the case is whether the Biden administration is flouting federal immigration laws by what Florida says is a 'desire to release' rather than detain migrants at the border through an ‘unwritten’ policy. Attorneys with the Biden administration dispute the claim, and argue immigration officers are using discretion on a case-by-case basis and that there are no new policies ‘directing, encouraging or even hinting at releasing’ migrants.” — “US stops hundreds fleeing Cuba, Haiti by sea, returns most,” by The Associated Press’ Curt Anderson and Marta Lavandier ‘OUR BEACHES THE CROWN JEWEL’ — Cities ban cigarettes from beaches following legislation reversing preemption, by POLITICO’s Bruce Ritchie: More than two dozen Florida cities have banned cigarette smoking on beaches since the Legislature adopted law changes that cleared the way for them to stop visitors from lighting up…The Florida League of Cities says at least 25 cities have adopted bans in response to HB 105. The bill expanded a statewide indoor ban on smoking and vaping to allow cities and counties to ban smoking, except for unfiltered cigars, in parks. — “Florida commission urges sweeping mental health reforms,” by Tampa Bay Times’ Sam Ogozalek — “Study shows more homeless deaths in Broward than Miami-Dade as rates spike in both counties,” by Florida Bulldog’s Noreen Marcus — “Surfside considers crackdown on homeless, including a ban on soap at public showers,” by Miami Herald’s Aaron Leibowitz — “ConocoPhillips in talks to sell Venezuelan oil U.S. to recover billions it is owed,” by Wall Street Journal’s Patricia Garip — “Will a Confederate statue return to downtown Bradenton? New commissioners debate it,” by Bradenton Herald’s Ryan Callihan | | ODDS, ENDS AND FLORIDA MEN | | — “He bought Central Florida estate with COVID-19 aid money, feds say. Now he’s going to prison,” by Orlando Sentinel’s Jeff Weiner: “A man who fraudulently obtained more than $7 million in COVID-19 relief funds and spent the money on luxury cars and a 12-acre estate in Seminole County before fleeing to Europe has been sentenced to more than eight years in prison, federal authorities said.” BIRTHDAYS: Liana Guerra of Rep. Darren Soto’s office ... Cathleen Conley, manager of corporate communications at A. Duda & Sons Inc. ... Phillip Perry of On the Line Strategy (Saturday) Former Florida House Speaker Chris Sprowls … Jennifer Liberto, economics editor with The Washington Post … (Sunday) Ed George, former journalist and former communications director for the Department of Lottery … (Monday) Meredith Ivey, chief of staff at Florida Department of Economic Opportunity … Noah Bierman with The Los Angeles Times ... Christopher Nuland, attorney and lobbyist ... 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