| | | | |  | | By Kimberly Leonard | |  Florida Attorney General Ashley Moody speaks as Gov. Ron DeSantis looks on after announcing a proposal for Digital Bill of Rights, Wednesday, Feb. 15, 2023, at Palm Beach Atlantic University in West Palm Beach, Fla. | Wilfredo Lee/AP Photo |
Good morning and welcome to Tuesday.
Florida is once again fighting with the Biden administration over two familiar topics: education and LGBTQ+ rights. Florida Attorney General Ashley Moody filed a lawsuit Tuesday to block the Biden administration’s rules creating new anti-discrimination protections for transgender and nonbinary students. The rules, expected to take effect in August, apply to a federal education policy called Title IX that’s intended to guarantee women’s equality in schools and colleges. The 84-page lawsuit argues that the 1970s law in question was only intended to apply to binary sex and charges that rulemaking stating otherwise is illegal. The Biden administration has been working on an overhaul of Trump-era rules interpreting Title IX since 2022. Florida’s lawsuit was expected, and it was far from the only red-leaning state to sue on Monday. It follows a DeSantis administration memo from last week telling Florida schools to ignore the Biden administration’s new rules, as POLITICO’s Andrew Atterbury reported. Both Moody and Florida Education Commissioner Manny Diaz warned the Title IX rules would make sex-separated locker rooms and bathrooms unsafe and override Florida laws that mandate them. The attorney general also said she was worried that cisgender women might be forced to share a dorm room with transgender women. (Moody did not use the terminology that recognizes trans peoples' preferred gender identity in her release about the lawsuit.) Diaz warned the Biden rules would override the Parental Rights in Education Act, the law Democrats and other critics call “Don’t Say Gay,” which forbids instruction about LGBTQ+ topics in public schools for all grades. Florida law also says teachers can’t be forced to use preferred pronouns for colleagues or students, while the Title IX rules say deliberate misgendering can constitute harassment depending on the situation. Moody, who is interested in running for governor in 2026, is a close DeSantis ally who endorsed him early in the 2024 presidential primary. She also has made numerous moves in recent months to draw a contrast with the Biden administration, including on federal student loan cancellation, illegal immigration and a rule for employers to accommodate time off for abortions. The latest lawsuit indicates that Florida has no intention of backing down from its stance on LGBTQ+ policy issues, even as DeSantis has changed some of his approaches to personal relationships and his public persona since dropping out of the 2024 presidential race. Moody filed the lawsuit alongside other Republican attorneys general from Alabama, Georgia and South Carolina, as well as conservative organizations Independent Women’s Law Center, the Independent Women’s Network, Parents Defending Education and Speech First Inc. Other states filed a separate lawsuit. Moody said in a statement that the rules “shred protections for women” and accused federal officials of failing to think through “real-world consequences.” The White House did not respond to a request for comment on the lawsuit. WHERE’s RON? Gov. DeSantis is holding several public events and announcements across the state, his office said. His first stop is in South Naples at 9 a.m. “Floridians who love the outdoors and are looking forward to summer should definitely tune in,” said DeSantis spokesperson Bryan Griffin. The appearances will air on the governor’s Rumble page. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch at: kleonard@politico.com.
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Our newsroom is deeper, more experienced, and better sourced than any other—with teams embedded in the world’s most active legislative and regulatory power centers. From Brussels to Washington, New York to London, Sacramento to Paris, we bring subscribers inside the conversations that determine policy outcomes and the future of industries, providing insight that cannot be found anywhere else. Get the premier news and policy intelligence service, SUBSCRIBE TO POLITICO PRO TODAY. | | | | | |  | ... DATELINE TALLAHASSEE ... | | ARRESTED — “Police make first arrests in Florida of pro-Palestinian protesters at two university campuses,” reports Vivienne Serret of Fresh Take Florida. “Police supported by state troopers arrested nine pro-Palestinian protesters late Monday who had occupied a plaza on the University of Florida for days. They were among the first college arrests in Florida … The administration at Florida’s flagship public university said in a statement the protesters had violated new rules announced last week that included 'no disruptions' and a ban on camping, sleeping, bullhorns and tents — but it didn’t immediately say exactly what the protesters were accused of doing wrong.” … Charges range from failure to obey a lawful command and resisting without violence to trespass after warning. One was charged with battery on a law enforcement officer for spitting on an officer, per POLITICO’s Andrew Atterbury. DIVIDED — “Proposed Central Florida reservoir funding splits environmentalists,” reports POLITICO’s Bruce Ritchie. “Florida environmentalists are divided on a proposal to set aside $400 million for a reservoir in central Florida, disagreeing on the impact it could have on water quality and the flow in the St. Johns River. The $400 million was inserted into the 2024-25 budget proposal during the conference committee process, with support from Senate President Kathleen Passidomo. Some environmentalists support the project, saying it will help protect the Indian River Lagoon by diverting water that historically never flowed into the troubled water body. But representatives of St. Johns Riverkeeper and the Florida Springs Council say the proposed project on former citrus grove land poses a threat to the St. Johns River and should have received more scrutiny.” WEIGHING IN — The Vapor Technology Association — a trade association for the vaping industry — warned in a statement that small businesses were in danger after Gov. Ron DeSantis signed a bill into law Friday that will restrict vape products in Florida. Under the new law, the attorney general would create a list obligating vape shops to remove certain products determined to be enticing to children. The group said the law gave too much power to the attorney general, setting a “dangerous precedent,” and added that it would try to have the law changed during the 2025 session. The law “raises numerous public health, legal, and constitutional questions,” said VTA executive director Tony Abboud. “If not subsequently addressed, these questions will make it a job-killing, industry-crushing, and small business decimating law that will cripple Florida's independent vaping industry and deny adult Floridians access to the harm reduction benefits of e-cigarettes.” SHEDDING CUSTOMERS — “Citizens Insurance’s letters broil frustrated customer in a ‘depopulation’ stew,” by the Orlando Sentinel’s Ron Hurtibise. “The residual insurer is trying to remove customers out of policies that haven’t even begun. And it’s doing so with confusing letters and questionable premium estimates that ensure the policyholder must take the private-market offer — at least for now.” NEW LAW — “Watchdog group says new Florida law requiring disclosures with AI in political ads is ‘weak,’” by Florida Phoenix’s Mitch Perry. “Florida has become the latest state to require political candidates to disclose if they use generative artificial intelligence in their communications with voters. Gov. Ron DeSantis signed the legislation on Friday. The measure (HB 919) spells out how any political advertisement or election communication that contains images, video, audio, graphics or other digital content created in whole or in part with generative artificial intelligence ‘must prominently’ include a disclaimer stating that it was created in whole or in part with AI. Failure to do so would result in a first-degree misdemeanor, with a penalty of up to a year in jail.” OH MY! — “Bears, coyotes, raccoons: State sees rise in calls for aid due to wild animals,” reports Jim Turner of News Service of Florida. “As Florida’s population expands, state wildlife officials have seen a more than 33 percent increase in calls for assistance related to wild animals during the past five years, according to a presentation that could go before the Fish and Wildlife Conservation Commission this week. While no proposed changes are recommended to the agency’s Wildlife Assistance Program, the discussion comes as legislation awaits action by Gov. Ron DeSantis that would bolster self-defense arguments for people who kill bears on their property.”
| | CAMPAIGN MODE | | FIRST IN PLAYBOOK — The Democratic National Committee is trying to put former President Donald Trump on the spot over abortion with new billboards going up today in Tampa, Orlando, Miami and Gainesville. A six-week abortion restriction is going into effect in Florida on Wednesday, and Democrats say Trump is responsible because he appointed the three deciding Supreme Court justices that overturned Roe v. Wade — which in turn left states to write their own abortion laws. The billboards — which will also run in Spanish — warn that “thanks to Donald Trump’s Florida abortion ban” women have to travel hundreds of miles to access abortion care. The distance is especially pronounced in Florida because most southern states have already banned the procedure, and patients have to travel to either North Carolina or Virginia. “Donald Trump proudly paved the way for Florida’s extreme abortion ban, which cuts off access to critical reproductive care for millions of women,” DNC spokesperson Jackie Bush said.
|  A billboard that will run in Miami. | DNC | | LAUNCHED TODAY — Anglers, hunters and conservationists have formed a political committee to help back the passage of Amendment 2, a measure that the Florida Legislature put on the ballot. The measure would put in the state constitution that fishing and hunting in Florida are a “public right” and a “preferred means of maintaining and controlling fish and wildlife.” Similar versions have already passed in nearly two dozen states and it has been promoted by groups such as the National Rifle Association. The Vote Yes on Amendment 2 committee — which can raise and spend money promoting the passage of the measure — filed its paperwork with the state earlier this month. “Fishing and hunting are a way of life in Florida, and we need to protect it for future generations,” said Yes on 2 chair Joshua Kellam, president/CEO of The Garcia Companies and a former member of the Florida and Fish Wildlife Conservation Commission, in a statement. Luke Hilgemann, executive director for the outdoors group International Order of T. Roosevelt and Yes on 2 national chair, asserted that the new committee “will help support Florida’s efforts to protect anglers and hunters from radical animal activists who want to ban hunting and fishing.” The amendment was placed on the ballot with nearly unanimous support from legislators. But some environmental groups and activists have already come out in opposition to the measure saying it could be a threat to private property rights and wildlife. A group called Noto2.org formed last year to oppose the amendment but has only raised about $2,500. A supermajority of voters — 60 percent — must vote yes in order for the amendment to pass. — Gary Fineout
|  Then-President Donald Trump greets then-Florida Republican gubernatorial candidate Ron DeSantis during a campaign rally at the Hertz Arena on October 31, 2018 in Estero, Florida. | Joe Raedle/Getty Images | TRUMP MAKES PEACE WITH DESANTIS — “I am very happy to have the full and enthusiastic support of Governor Ron DeSantis of Florida,” Trump said Monday on Truth Social. “We had a great meeting yesterday, arranged by mutual friend Steve Witkoff, at his beautiful Shell Bay Club in Hollywood, Florida. The conversation mostly concerned how we would work closely together to MAKE AMERICA GREAT AGAIN. Also discussed was the future of Florida, which is FANTASTIC! I greatly appreciate Ron’s support in taking back our Country from the Worst President in the History of the United States. November 5th is a BIG DAY!!!” — “Can Trump pick a vice president from Florida?” by the Tampa Bay Times’ Kirby Wilson. TARGETS FOR DEMOCRATS — “Abortion threatens GOP’s chances in Florida statehouse races,” reports The Hill’s Caroline Vakil and Julia Manchester. “Among the members who voted for the six-week ban who live in swing districts are GOP state Reps. Rachel Saunders Plakon in Seminole County; Susan Plasencia, who represents parts of Orange and Seminole counties; David Smith in Seminole County; and Carolina Amesty, who represents portions of Orange and Osceola counties. Not all of them currently have declared Democratic challengers.” SENATE RACE — “Debbie Mucarsel-Powell Spanish language spot says Rick Scott hates ‘freedom,’” by A.G. Gancarski of Florida Politics. “On the heels of a series of Spanish-language spots where Scott charged the opposition party’s expected nominee with being an agent of ‘socialism,’ the former member of Congress from South Florida is demonstrating that two can play at the game of imputing negative aspects of Latin American governments on their opponent.” REVAMP — “Voter registration groups in Florida have scaled down their operations after new restrictions,” reports WLRN’s Valerie Crowder. “A state law that took effect last July increased fines for voter registration groups if applications contain mistakes, are delivered to the wrong county or are returned later than the law requires. Organizations could face maximum fines of $250,000 a year. The law also prohibits people who aren’t U.S. citizens from handling or collecting voter registration forms on behalf of one of those groups. But there’s no such requirement for local elections offices.”
| | | | DON’T MISS POLITICO’S ENERGY SUMMIT: The future of energy faces a crossroads in 2024 as policymakers and industry leaders shape new rules, investments and technologies. Join POLITICO’s Energy Summit on June 5 as we convene top voices to examine the shifting global policy environment in a year of major elections in the U.S. and around the world. POLITICO will examine how governments are writing and rewriting new rules for the energy future and America’s own role as a major exporter. REGISTER HERE. | | | | | | | ODDS, ENDS AND FLORIDA MEN | | THRILLSEEKERS — “House Republicans’ bench thins — yet daredevils can’t quit skydiving,” per the Wall Street Journal’s Katy Stech Ferek. “‘Everything is vintage except the parachutes are new,’ says Rep. Mike Waltz (R., Fla.), 50, who served as a Green Beret and is part of this crew. Some in the contingent have completed a practice jump together. Waltz, meanwhile, also still scuba dives and surfs back home in his coastal district, which he refers to as the ‘Sharkbite Capital of the World.’” BIRTHDAY: Brooke Sours, director of integrated communications American Petroleum Institute and former spokesperson for Sen. Marco Rubio. | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
