| | | | |  | | By Kimberly Leonard, Bruce Ritchie and Siena Duncan | Good morning and welcome to Wednesday. Florida Power & Light Co., the state’s largest power utility, persuaded legislators late in the 2023 session to protect it against a class-action lawsuit over power outages caused in 2017 as Hurricane Irma raked the Florida Peninsula. And today, the utility will get the chance to argue its case in public before a state appeals court in Miami. Florida's other utilities, including Duke Energy and Tampa Electric Co., are watching closely because of the possible effect on utility costs. The 3rd District Court of Appeal will hear FPL's motion to reconsider a lower court ruling establishing a class-action lawsuit alleging that the utility didn’t do enough to help prevent power outages caused by Irma, a Category 4 storm. That decision prompted the utility to ask the Legislature for help. The 2023 legislation states that public utilities are not liable for damages due to loss of power. The legislation also established the Public Service Commission as having exclusive jurisdiction over any issues arising from emergencies or disasters. Duke and TECO weighed in with a brief yesterday arguing that Florida law has never recognized a private cause of action for power losses during a storm, much less a class-action lawsuit. "The panel decision, if upheld, could therefore impact electricity rates to the detriment of ratepayers," the two utilities wrote in an amicus brief. What to watch for today: Look for possible arguments from a lawyer representing nine FPL customers that the utility is trying to use its political heft to tilt the scales of justice in its favor — and doing so retroactively. The appeals court ruled in March 2023, during the legislative session, that a trial court was correct in certifying the class-action case from the nine FPL customers. But three months later, the same appeals court agreed with FPL that the trial court judge should be disqualified for remarks during a hearing that made it seem as though he wasn’t impartial. Florida Power & Light in 2018 had asked the courts to send the dispute to the Public Service Commission for a resolution. But the appeals court refused, so FPL turned to the Legislature for a fix. An FPL spokesperson at the time said the law protected its 12 million customers from frivolous lawsuits. John H. Ruiz, MSP Recovery Law Firm's lead counsel in the class action lawsuit, told POLITICO after the legislation passed that FPL — after losing every important issue in the case — was using a "desperate legal tactic" in attempting to apply the law change retroactively to go back to Hurricane Irma. The nine residents who sued for breach of contract said after Hurricane Irma they lost food, income and sleep and experienced intense discomfort during the power outage. They claimed in their lawsuit that FPL had failed to replace old wooden poles, remove vegetation and take other steps to upgrade the power grid. FPL responded in court by calling the lawsuit, filed a week after the hurricane, a "storm chaser complaint" that sought to exploit a natural disaster. — Bruce Ritchie WHERE’S RON? Gov. DeSantis is doing a press conference at 10:15 a.m. in Redington Shores with Florida Department of Environmental Protection Secretary Shawn Hamilton.
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DESANTIS HITS BACK — President Joe Biden tried to use Florida as a foil against his own agenda yesterday, in an appearance focused on abortion rights that didn’t escape Gov. Ron DeSantis. The governor called Biden “a guy who has intentionally opened the borders of this country and caused great harm.”
“His policies have caused families to suffer with higher prices and higher interest rates, and now he's coming down to try to support a constitutional amendment that will mandate abortion up until the moment of birth, that will eliminate parental consent for minors, and that's written in a way that's intentionally designed to deceive voters,” he said. “So, all I can tell you is Floridians are not buying what Joe Biden is selling, and in November, we're going to play an instrumental role in sending him back to Delaware where he belongs." (According to the ballot summary, the referendum would allow abortions up to viability and after for health reasons, both factors that would be determined by individual health providers, and parental notification is still required.) FEDERAL PERMITS — “Judge again rejects Florida's request for a stay of federal wetlands permitting decision,” reports POLITICO’s Bruce Ritchie. “U.S. District Court Judge Randolph D. Moss in Washington rejected the Florida Department of Environmental Protection's arguments that the ruling already has caused ‘irreparable harm’ to the state. Florida last week appealed his decision siding with environmental groups who sued federal agencies for passing responsibility off to Florida. DEP told the court that more than 1,000 permits were being processed in February when the judge issued his ruling overturning the 2020 Trump administration decision to delegate Clean Water Act permitting to the state.” PALESTINE POLICY — “‘The inmates run the asylum:’ DeSantis criticizes pro-Palestine protests in college campuses,”by Jackie Llanos of the Florida Phoenix. “Gov. Ron DeSantis said during a press conference Monday that pro-Palestinian student protesters should be expelled from their universities, and that those who are international students should have their visas canceled.” ” RISK AND REWARD — “‘Finally allowed to start catching bad guys’: Florida Highway Patrol pursuit policy differs from other law enforcement agencies,” reports WPS-CBEC12’s Jack Lemnus. “Roughly two-thirds of state police agencies and highway patrols make their pursuit policies publicly available. Of those, CBS12 News found FHP’s new guidelines deviate from most by specifically permitting maneuvers proven to have a high risk to the public.” RUNNING INTERFERENCE — “Should Florida get involved in FSU vs. ACC lawsuits?” by Matt Baker of the Tampa Bay Times. “In a letter from Florida Attorney General Ashley Moody to her peers in six other states, she wrote that Florida is ‘considering taking action’ in the ACC’s suit against FSU in North Carolina. Moody has already waded into the case, which will help determine the Seminoles’ future in the ACC. In January, she asked the conference for copies of the ACC’s contracts with ESPN — a key document in the nine-figure dispute. FSU counsel mentioned that unfulfilled request during Monday’s hearing in Leon County.” | | PENINSULA AND BEYOND | |
VENEZUELA UPDATE — “Who is Edmundo González, the Venezuelan opposition's new hope?” by WLRN’s Tim Padgett. “Venezuela’s political opposition has chosen a new candidate, former diplomat Edmundo González, to run against President Nicolás Maduro. Many Venezuelan exiles here in South Florida, who've been wary of the democratic negotiation process back in their patria, seem optimistic about González's chances of winning — if, that is, Maduro ultimately allows him to run.”
— “Cops, federal agents stop yacht off Miami-Dade with 30 Haitian migrants on board,” by David Goodhue and Jacqueline Charles of the Miami Herald. EYES ON THE FEDS — “In suspended Hillsborough state attorney case, what are the courts waiting for?” by Sue Carlton of the Tampa Bay Times. “[Andrew] Warren, removed as the county’s top prosecutor by Gov. Ron DeSantis in 2022 and running to regain the job, listened with the crowd as candidate Elizabeth Martinez Strauss explained the circumstances under which she would back out of the race. She said if the courts reinstated Warren to office by the deadline to qualify to run — and that’s this Friday — she’d exit. Strauss said Warren asked her afterward: Would she mind putting that in writing in an affidavit?” SMALL SOLUTIONS — “Tiny homes for Tampa’s homeless welcome first residents after delays,” reports Olivia George of the Tampa Bay Times. “Last month, Florida Gov. Ron DeSantis signed legislation that bans people from sleeping overnight in parks, on sidewalks and in other public spaces, calling it a solution to communities ‘plagued’ with homelessness. The law creates a mechanism for counties to create camps, much like Tampa Hope, equipped with security, sanitation and health services. Critics have said the law does nothing to address root causes of homelessness or provide the funding necessary for long-term solutions.” IN COURT — “Attempt to remove judge in suspended Miami-Dade commissioner’s corruption trial denied,” reports the Miami Herald’s Charles Rabin. “In a brief, single paragraph opinion late last week, the three-member appellate court panel called the motion by attorneys representing Joe Martinez, ‘legally insufficient.’” — “Move, cut back or go bare: Florida seniors juggle skyrocketing costs, impossible choices,” by Kate Cimini of the Fort Myers News-Press.
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— “'Sends a terrible message': U.S. Senate candidate accuses Democratic Party of racial insensitivity,” by the Floridian’s Liv Caputo.
FLORIDA’S BIGGEST COUNTY — “Weeks after a loss in Surfside, Shlomo Danzinger files to run for Miami-Dade mayor,” by the Miami Herald’s Douglas Hanks. “Danzinger joins a Republican-heavy field of challengers for [incumbent Daniella] Levine Cava, including Manny Cid, the mayor of Miami Lakes, and Alexander Otaola, the conservative host of the Spanish-language YouTube show “Hola Ota-ola.” All candidates for mayor face each other in the nonpartisan Aug. 20 county election, followed by a November runoff between the top two finishers if nobody gets more than 50 percent of the vote. — “Rick Scott officially has a Primary challenger,” by Florida Politics’ A.G. Gancarski. — “EMILY’s List backs 3 incumbent House Democrats,”by Florida Politics staff. — “Leon County Supervisor of Elections offering free vote-by-mail postage in 2024,” reports the Tallahassee Democrat’s Jeff Burlew. | | DATELINE D.C. | |
CLEARED THE SENATE — Both Sens. Marco Rubio and Rick Scott of Florida voted against the $95 billion Israel, Ukraine, Taiwan aid package, as well as a bill to ban TikTok. Rubio explained his position during a floor speech, saying he couldn’t support the bill because it didn’t include measures to quell illegal immigration and Scott in an editorial blasted the Gaza humanitarian aid in the bill as going “straight to Hamas.”
OUTCRY — “‘Atrocious cruelty’: Haitian community leaders condemn Biden administration’s resumption of deportations to Haiti,” by the South Florida Sun Sentinel’s Anthony Man. “One high-profile critic of the Biden administration policy is U.S. Rep. Sheila Cherfilus-McCormick, a Broward-Palm Beach county Democrat and the only Haitian American in Congress. She called it ‘atrocious cruelty’ and a ‘misguided decision.’ And on Tuesday, community leaders and elected officials gathered in Little Haiti in Miami to condemn the policy.”
|  The U.S. Supreme Court is seen in Washington, on March 29, 2024. | Francis Chung/POLITICO | JUDICIAL ACTION — “Supreme Court Turns to Emergency Abortions as Dobbs Fallout Continues,” by Laura Kusisto and Stephanie Armour of the Wall Street Journal. “The case [on Wednesday] centers on a Biden administration lawsuit, filed by the Justice Department in 2022, that argues Idaho’s ban failed to provide adequate legal cover to doctors who provide abortions in medical emergencies. With the Supreme Court now giving states the power to restrict abortion, the administration has few legal options as it seeks to promote abortion rights.” CASE UPDATE — “Alleged co-conspirator in Tim Burke, Fox News case agrees to cooperate with feds,” by Dan Sullivan and Justin Garcia of the Tampa Bay Times. “[Marco] Gaudino’s plea adds a new twist to an already complex legal case centered on Burke, who is accused of 14 federal crimes related to his acquisition and publication of videos, including unaired Fox News footage. He has said he did nothing wrong, decrying the case as an affront to his First Amendment rights as a journalist.” | | ODDS, ENDS AND FLORIDA MEN | |
— “She sold fancy handbags to celebrities. Now ‘Nancy Gonzalez’ faces short prison stint,”by Jay Weaver of the Miami Herald.
— “Nicotine in a new shape: ZYN is becoming the buzz of choice on college campuses,” reports WLRN’s Mariana Rios Candamil. | | | | 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 | | | | |
