| | | | |  | | By Kimberly Leonard | Good morning and welcome to Thursday. State Rep. Vicki Lopez, the Republican lawmaker who led condo reforms to try to prevent another Surfside tragedy, is worried about a recent court decision over a building buyout in Miami. It concerns the 60-year-old Biscayne 21 condominium. In 2022, Two Roads Development bought out most units from residents who said the building was too costly to maintain. But 10 owners — constituting 5 percent of residents — refused to sell. To finish the buyout, the developer-controlled condo association lowered the building’s termination threshold from requiring unanimous residential approval to 80 percent, effectively overriding the holdouts. They sued, alleging the developer "manipulated, bullied, deceived and pressured" others to sell. The Third District Court of Appeal in Miami ruled in March that the developer couldn’t change the termination threshold. Now, the demolition is on pause and the building is empty. Lopez is concerned the case will spur similar lawsuits and make developers reconsider buying unsalvageable condominiums. She wants most condo owners to have the ability to sell off when their buildings are no longer safe or have become too pricey to maintain — and give them and the developers they sign with the ability to override small numbers of holdouts. The wave of new safety regulations following Surfside contributed to higher costs. Condos must soon comply with new safety and inspection laws, then pay for any needed repairs and pile up reserves. To top it all off, property insurance has soared. Rather than take on all this, some condo associations have disbanded and let developers buy residents out at above-market rates, in order to raze buildings and start over. But developers get a big win, too, because they can often create luxury properties on premium, oceanfront land. The trade off is rotten to residents who don’t want to be forced to sell and leave their homes or neighborhood. Even with a high sale price, it’s impossible to find similar properties they can afford nearby. “They’ve done absolutely nothing wrong. They paid their taxes, mortgage and association fees and they intended to live the rest of their lives in the condo,” said Glen Waldman of Armstrong Teasdale, who represents Biscayne 21 plaintiffs. He estimates damages would run in the “millions” and said his clients want to be back in the building, which they insist was well maintained. He also dismissed as “hysteria” fears that similar lawsuits would follow, given that buildings have different termination thresholds and structural issues.
|  The vacant Biscayne 21 condominium in Edgewater, Miami, is at the center of a developer buyout lawsuit. | Rep. Vicki Lopez (R-Miami) | Two Roads Development wants the judges to reconsider or have the case heard by the full bench. Otherwise, they want the judges to certify the question for the Florida Supreme Court. The group’s attorney, Susan Raffanello of Coffey Burlington, said the decision was a surprise because the same termination methods were used for decades. She also said Biscayne 21 residents solicited the sale by hiring a broker to shop it. “This was not a situation where the developer went in and started buying up condos with a hidden agenda,” she said. (The lawsuit alleges the deal was tilted towards Two Roads.) Those concerned about the ruling say it's unfair to give a sliver of residents veto power when most want out. “These people otherwise face foreclosure,” said Jan Bergemann, president of Cyber Citizens for Justice, a property owner’s advocacy association. “They otherwise lose everything if they can’t sell to a developer.” Lopez plans to introduce a bill to address the issue in the next session, in March 2025. Her plan is to clarify language in existing law that says residents in Florida can use a termination threshold of 80 percent when repairs exceed what they can collectively afford. She said she’s already hearing complaints from constituents about how unaffordable condo living has become. “They're asking whether the Legislature is going to bail people out … We're not in a position to bail people out of their housing,” she said. “We're in a position to make it easier for them to exercise their property rights. And that means they can sell it.” 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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Middle school students walk between classes at A.D. Henderson School in Boca Raton, Florida, on Tuesday, April 16, 2024. | Rebecca Blackwell/AP | UNCHANGED — “Florida sticks by social studies standard teaching ‘benefit’ of slavery,” reports POLITICO’s Andrew Atterbury. “Opponents … including Florida’s largest teachers union and free speech advocates, slammed the state for sticking by its ‘warped’ telling of Black history. Florida’s new teaching standards include the same language that scored national blowback last year for requiring middle school students to learn ‘how slaves developed skills which, in some instances, could be applied for their personal benefit.’” ‘THAT’S HOW THIS WORKS’ — “Florida’s top education official says public school closures a tradeoff for school choice,” by POLITICO’s Andrew Atterbury. “Florida’s top education official downplayed the sizable enrollment declines plaguing some of the largest school districts in the state on Wednesday, labeling potential campus closures as a motivation for traditional public schools to ‘innovate and provide programming that is attractive to parents.’ The comments from Education Commissioner Manny Diaz Jr. come after POLITICO’s reporting about the growing popularity of the state’s school choice programs — and the financial squeeze that subsequently placed on traditional public schools. School districts in Broward, Duval and Miami-Dade counties have enrolled some 53,000 fewer students since 2019-20, a drop that is spurring local leaders to consider closing and repurposing campuses to save money.” THE FIFTY — “AI is shockingly good at making fake nudes — and causing havoc in schools,” by POLITICO’s Dana Nickel. “Twenty states have passed laws penalizing the dissemination of nonconsensual AI-generated pornographic materials, according to data from MultiState, a Virginia-based state and local government relations firm. Still, when the fake images and videos of students and educators are discovered, what happens next in schools — who gets disciplined, how minors are treated and who is responsible for taking images to the police — varies widely depending on the state … Students in New Jersey, Florida, California and Washington state have reported embarrassing deepfake experiences that can result in arrests or nothing at all, a gap in laws that can leave victims feeling unprotected.” SIMILAR TO 2004 TRAGEDY — “Lawmakers acted before when a migrant group’s bus crashed. Will they now?” by the Tampa Bay Times’ Romy Ellenbogen. “Farm labor advocates say they want to bring up seat belt and other safety reforms when legislators next convene in Tallahassee. But it’s unclear if any momentum from 20 years ago remains — or whether the Marion County crash will reignite interest. In the early 2000s, lawmakers were inundated with a series of news stories and reports about poor conditions faced by people working in Florida’s agricultural fields. Florida’s governor at the time, Jeb Bush, called for laws to protect farmworkers from exploitation and advocated for pay raises for laborers.” INSIDE PUBLIC RECORDS — “Ron DeSantis offered to cut funding for roads to pay for his state militia,” by Jason Garcia of Seeking Rents. “Just after 9 p.m. on the final Sunday of this year’s legislative session, DeSantis made a suggestion: To pay for his pilots, lawmakers should cut funding for Florida roads. Specifically, records show, DeSantis’ budget director proposed that lawmakers take $10 million out of a program called ‘Moving Florida Forward’ — a program created to speed up construction of key highway and transit projects around the state — and spend that money on the Florida State Guard instead.” STILL HIGH PREMIUMS — “With worst hurricane season forecast, insurance industry supplies some rare good news,” by John Kennedy of USA Today Network — Florida. “The state’s property insurance companies are on solid footing, industry experts say. A hurricane hit – or, maybe, even two – should be manageable, experts say … The state’s Office of Insurance Regulation has said that nine companies have proposed reducing rates next year, while another 10 have submitted plans for no rate increases.” TITLE IX — “Amid federal suit, Florida high school athletic association replaces ‘gender’ with ‘sex,’” by Ryan Dailey of News Service of Florida. “The State Board of Education on Wednesday approved changes in the Florida High School Athletic Association’s bylaws that include replacing the word ‘gender’ with the word ‘sex,’ amid a larger dispute between federal and state officials. The changes came as Florida and other Republican-led states are challenging a Biden administration rule that would help carry out Title IX, which bars discrimination in education programs based on sex.” — “DeSantis signs law designed to protect seniors from financial scams,” by News Service of Florida. — “Florida’s 8-4 death penalty law creates a ‘game of chance,’ groups say,” by Dara Kam of News Service of Florida.
| | PENINSULA AND BEYOND | |
FARMWORKERS CRASH — “Driver charged with DUI-manslaughter for farmworkers’ bus crash now faces more charges,” reports The Associated Press. “Eleven counts of DUI with serious bodily injury were filed last Thursday against Bryan Howard, who already was facing eight counts of DUI-manslaughter in connection with the accident two weeks ago.”
DISCIPLINARY ACTION — “New College of Florida set to punish student protesters following boos at commencement,” by Steven Walker of the Sarasota Herald-Tribune. “New College President Richard Corcoran said in a statement that students could face consequences ranging from withholding degrees until they issue an apology letter or take mandatory classes on civil discourse to suspension or expulsion from New College. Rescinding an issued-diploma in higher education is rare — typically reserved for instances of plagiarism or cheating.” — “State buys Cherokee Plantation for Red Hills Conservation Florida Forever project,” by James Call of the Tallahassee Democrat.
| | CAMPAIGN MODE | | | | 
John Morgan, a prominent Florida attorney pictured here in 2017, said he is supporting the ballot measure to legalize recreational marijuana in November. | Brendan Farrington/AP | AMENDMENT 3 — “'Pot Daddy' John Morgan backs legalization campaign,” reports POLITICO’s Arek Sarkissian. “Morgan is known as a political kingmaker and prominent Democratic megadonor. He became a hero to pot advocates after he bankrolled two previous campaigns in the state, picking up his self-christened nickname. One of those campaigns led voters to overwhelmingly approving marijuana for medical use in 2016. But his support this year has its limits: Morgan said he will not contribute any cash to this year's campaign and he is not playing a significant role.” ALSO ON THE BALLOT — “Politics have seeped into school board elections; Amendment 1 could make it official,” by Jackie Llanos of the Florida Phoenix. “For nearly three decades, Florida school board elections have been nonpartisan. But this November, under Amendment 1, voters could choose the political approach, which would allow Democrats, Republicans and other party candidates to sit on partisan school boards. Supporters of the constitutional amendment say they want to increase transparency in areas from building projects and school calendars to curricula and teacher pay, but opponents worry it could alienate independent voters.” REFUNDED — Rep. Laurel Lee’s re-election campaign — in a recent letter to the Federal Election Commission — has acknowledged that it has returned or redesignated a small number of excessive contributions and refunded a donation from a corporation that had been questioned by the agency. The FEC in late April flagged several contributions received by Lee, the Central Florida Republican and former Secretary of State for Gov. Ron DeSantis. Lee’s campaign treasurer sent a letter to the FEC on Tuesday that stated that it acted on all the contributions identified by regulators and that the changes would be noted on the campaign’s July report. — Gary Fineout ENDORSEMENTS — The Broward County Sheriff's Association endorsed Democrat Stanley Campbell for Senate during an event yesterday in Plantation, Florida. Broward Sheriff’s Sgt. Don Pritchard, president of the union, said in a statement that his background “including his early contributions to NASA and his service as an aviator in the United States Navy, resonated strongly with our members.” — “Once a Sheriff’s Deputy in Florida, Now a Source of Disinformation From Russia,” by The New York Times’ Steven Lee Myers.
| | TRUMPLANDIA AND THE SWAMP | |
CANNON PROFILE — “Emerging portrait of judge in Trump documents case: prepared, prickly and slow,” by The New York Times’ Alan Feuer. “Regardless of her motives, Judge [Aileen] Cannon has effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing. She has largely accomplished this by granting a serious hearing to almost every issue — no matter how far-fetched — that Mr. Trump’s lawyers have raised, playing directly into the former president’s strategy of delaying the case from reaching trial.”
— “Miami-Dade woman indicted on charges of taking part in Jan. 6 Capitol riots,” by the Miami Herald’s David Goodhue.
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