After scandal, Senate pushes to change ethics law

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Dec 12, 2023 View in browser
 
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By Gary Fineout

Florida Senate President Kathleen Passidomo speaks to reporters in the chambers of the Florida Senate on Tuesday, Nov. 22, 2022, in Tallahassee, Fla. (AP Photo/Anthony Izaguirre)

Senate President Kathleen Passidomo says Florida's ethics laws need to be changed after the scandal involving a former state senator | AP

Good morning and welcome to Tuesday. It’s Gary Fineout, filling in for Playbook author Kimberly Leonard.

A major overhaul to how Florida handles ethics case could be coming. Or at least that what’s Senate Republicans are considering.

The Senate is taking up a bill this week that would put in place timelines that spell out how long it would take for the state ethics commission to investigate and ultimately resolve ethics complaints. It would let candidates hit with false and malicious allegations to recover attorney fees. New term limits would be applied to the nine-member panel.

Senate President Kathleen Passidomo said the push to change the law came after the lengthy drawn-out case involving state Sen. Jack Latvala. Latvala resigned in 2017 after two investigations accused him of sexual harassment, but a separate probe by the ethics commission dragged on for years and did not close until 2022.

“Whenever you have a complaint against a senator or anyone that takes years to be resolved it’s not fair to the complainant,” said Passidomo, a Naples Republican and an attorney. “Let’s make the process be simple, efficient and get it done.”

Sen. Danny Burgess, the chair of the Senate Ethics and Elections Committee, added: “Deadlines provide uniformity so that everyone is on the same page and the law is applied equally to all. Further, deadlines ensure quality control and move a case along each of the process creating certainty.”

Yes, but …. It is true that the ethics commission process can take forever. Every election cycle sees a flurry of complaints that are unlikely to be resolved in a timely manner for voters. But will some of these changes lead to investigations being rushed and closed quickly?

And it’s worth remembering that attempts to beef up the commission’s investigatory power and ability to go after wayward public officials has gotten a lot of pushback from state legislators.

There’s also some interesting timing here at work. Lawyers for Gov. Ron DeSantis recently took their own shots at the ethics commission after expressing ire that complaints filed by Florida Democratic Party Chair Nikki Fried against top aides to the governor went through a preliminary investigation. The aides were cleared, but DeSantis’ lawyers also called for changes in how future probes will be handled.

Passidomo said she was not familiar with the criticism leveled by DeSantis’ attorneys, which were first made public last week, and that the Senate change was not related to it.

— WHERE'S RON? — Gov. Ron DeSantis is scheduled to participate in a CNN town hall in Des Moines.

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

... DATELINE TALLAHASSEE ...


‘UNINTENDED CONSEQUENCES’ — “Real estate titans battle DeSantis over China property crackdown,” by Bloomberg’s Michael Smith and Anna Kaiser: “A group that represents companies including Blackstone Inc., Steve Ross’s Related Cos. and Barry Sternlicht’s Starwood Capital wants to roll back a law that went into effect in July that bans most Chinese investment in real estate in Florida. Other developers, including home builder Lennar Corp., also are pushing back on the statute. Lobbyists are pressing state lawmakers to pass legislation early next year to relax the restrictions, people involved in the process say.”

SCHOOL DAZE Senators seek to rein in Florida Department of Education’s rulemaking power, by POLITICO’s Andrew Atterbury: The slate of deregulations introduced by the Senate are setting up a significant policy fight in Tallahassee as some of the ideas sought by the chamber clash with Florida’s longstanding school accountability system spearheaded years ago by former Gov. Jeb Bush. The reform packages were recommended as a way to cut down on bureaucratic “red tape” gripping school districts …  

Watch this space — But several key Senate proposals have not been endorsed by the Department of Education, charging senators with the task of convincing the DeSantis administration, the House — and now Bush — to buy in.

Meanwhile — “Florida releases A-to-F school grades but with no punishment for bad marks,” by Orlando Sentinel’s Leslie Postal

— “Florida lawmakers want version of ‘stand your ground’ law for lethal force against bears,” by USA Today Network-Florida’s James Call

— “Randy Fine says he wants to tackle APD waitlist,” by Florida Politics’ Christine Jordan Sexton

DESANTISLAND


SHOWDOWN — Florida Gov. Ron DeSantis has repeatedly suggested that his bitter battle with Disney is over. Well, a court hearing happening Tuesday in Tallahassee may decide if at least one major battle has wrapped up. U.S. District Judge Allen Winsor, an appointee of former President Donald Trump, will hear arguments from lawyers representing the entertainment giant and the DeSantis administration over whether to dismiss Disney’s federal lawsuit.

Some of the arguments flow around whether Disney has the standing to sue DeSantis and members of his administration. Lawyers representing DeSantis contend for a variety of reasons that the company does not.

But in its filing, Disney lawyers wrote: “Having publicly boasted about orchestrating a secret plan to punish Disney for its comments on public affairs and to exercise continuing control over its entertainment programming, the governor now seeks desperately to avoid any official responsibility for those acts. According to the governor, his connection to the state’s ongoing efforts to regulate Disney’s speech is analogous to comments from a “lobbyist” voicing support for new laws. That assertion is farcical, as anyone vaguely familiar with Florida government will readily recognize.”

WELL NOW — “DeSantis accuses Trump of ‘cowardice’ for refusing to debate rivals,” by New York Times’ Nicholas Nehamas: “Gov. Ron DeSantis of Florida accused former President Donald J. Trump of “cowardice” for refusing to participate in the Republican presidential primary debates after Mr. Trump boasted about facing Hillary Clinton in 2016 following the release of the ‘Access Hollywood’ tape.”

Florida Governor Ron DeSantis and his wife Casey DeSantis greet debate moderators after the fourth Republican presidential primary debate.

Florida Gov. Ron DeSantis and his wife, Casey DeSantis, greet debate moderators after the fourth Republican presidential primary debate at the University of Alabama in Tuscaloosa, Ala., on Dec. 6, 2023. | Jim Watson/AFP via Getty Images


CAMPAIGN MODE


A LEGAL MATTER Federal judge asked to place Dean Phillips on Florida primary ballot, by POLITICO’s Gary Fineout: A Tampa lawyer who has run for office previously wants a federal judge to order state election officials to put the name of Rep. Dean Phillips (D-Minn.) on the March 19 ballot along with (President Joe) Biden. The lawsuit filed last week against both the Florida Democratic Party and Secretary of State Cord Byrd contends the process used by Democrats — as outlined under Florida law — is unconstitutional.

From the lawsuit “Were the court to deny relief, a grave inequity would result because only President Joseph Biden would have gained access to the ballot by unconstitutional means,” states a motion filed by Michael Steinberg, who has run unsuccessfully for the Legislature and Congress and was the vice presidential candidate for the Reform Party in 2016.

Mark the calendar — Steinberg also asked U.S. District Judge Allen Winsor to expedite the case. And it looks like that request is being considered. Winsor late Monday scheduled a Thursday hearing to address the timing and procedure of the preliminary injunction request.

SPOTTED Rep. Byron Donalds (R-Fla.) showed up to the annual gala of the NY Young Republican Club at Cipriani on Saturday night and the after-party at the Underdog bar after earlier canceling as a speaker on the organization, citing a scheduling clash, three people familiar with the event told POLITICO’s Daniel Lippman. After former President Donald Trump and all his associated security had left, without telling club organizers he was going to come after all, Donalds crashed the first after-party at Cipriani, walking into the green room to schmooze with guests and colleagues and take pictures with attendees.

Double take A couple club board members remarked to Donalds that they weren’t expecting him to attend and were surprised to see him that night, according to two of the people. Donalds then went to the Beach Cafe on the Upper East Side and took pics with former Rep. George Santos (R-N.Y.) and Rep. Lauren Boebert (R-Colo.). Donalds couldn’t make the event because he was asked to stump for the Trump campaign in South Carolina and was scheduled to do media hits on Sunday morning in New York, according to a Donalds spokesperson.

TRUMPLANDIA AND THE SWAMP


MAY IT PLEASE THE COURT — Jack Smith asks Supreme Court to keep Trump trial on track, by POLITICO’s Kyle Cheney and Josh Gerstein: Special counsel Jack Smith is urging the Supreme Court to urgently resolve Donald Trump’s claim that he’s immune from prosecution for charges related to his bid to subvert the 2020 election. Without the Supreme Court’s swift intervention, Trump’s trial could be indefinitely delayed, the special counsel warned in a petition to the high court on Monday.

— “Former Mar-a-Lago employee-turned witness repeatedly contacted by Trump and associates before documents charges,” by CNN’s Katelyn Polantz

Transitions


Taylor Hulsey is now communications director for Rep. Vern Buchanan. He most recently led comms for Rep. Troy Nehls (R-Texas) and is a Sen. Rick Scott alum.

PENINSULA AND BEYOND


WATER WARS State again takes up Ginnie Springs water bottling permit, by POLITICO’s Bruce Ritchie: Environmentalists and a springs water bottling operation are headed for a showdown in Live Oak on Tuesday over a proposal to pump nearly 1 million gallons per day from Ginnie Springs on the Santa Fe River. The Suwannee River Water Management District is scheduled to consider a judge's recommendation in October that the permit be issued after a series of court challenges since 2019.

U.S. Supreme Court refuses to hear fraud appeal for South Florida health care executive pardoned by Trump,” by News Service of Florida’s Jim Saunders

ODDS, ENDS AND FLORIDA MEN


Florida Joker says GTA 6 trailer ripped off his viral mugshot, wants millions,” by Tampa Bay Times’ Gabrielle Calise: The Florida Joker, like seemingly everyone else in his state, has seen the Grand Theft Auto VI trailer that dropped last week. Now he wants to get paid. Lawrence Patrick Sullivan, a South Florida tattoo model whose mugshot went viral for resembling a Batman villain, has posted several TikToks responding to the new GTA trailer from Rockstar Games.

SPOTTED — Former state legislator and Organization of American States ambassador Carlos Trujillo attended the swearing in of Javier Milei, the new president of Argentina on Sunday evening. Trujillo is founder and president of Continental Strategy.

BIRTHDAYS: Former state Rep. Dick Batchelor .... former state Rep. Jennifer Webb

 

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Kimberly Leonard @leonardkl

 

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