Final moments of the DeSantis alliance with the Legislature

Jun 18, 2024

Good morning and welcome to Tuesday.

Florida Gov. Ron DeSantis has repeatedly asserted over the last two years that he and allies in the Florida Legislature have produced some of the most productive and substantive legislative action in the state’s history — and have matched or surpassed the efforts of other states. It's a statement that reflected the tremendous clout that DeSantis has had since late 2022.

But this era of legislating is coming to a close.

Much of the governor’s legislative agenda since the start of 2023 came amid an expected and ultimately unsuccessful run for president. It’s an agenda that has garnered a lot of media attention and a lot of strong criticism from Democrats and others angered by the governor’s stances on issues such as education, immigration, race and gender identity. Many of the new laws pushed by the governor and GOP legislative leaders have wound up getting challenged in court.

DeSantis on Monday received the final 37 bills of the 2024 session on his desk. Several of these remaining bills were fiercely debated in the House and Senate and have become the targets of veto campaigns. But regardless of whether DeSantis does veto some of these bills, this summer now starts the transition to the next chapter of Florida’s governor.

Some of the bills left for DeSantis include one (SB 7014) that would place new restrictions on ethics investigations, a move decried by some critics and Democratic legislators as making it easier for corruption to go undetected in local and state government. POLITICO has previously reported that some of the changes in the bill mirror suggestions that Ryan Newman, the general counsel for DeSantis, made to the state ethics commission.

Another measure is the latest effort to wade into the never-ending controversy over vacation rentals — whose opponents include the powerful group that represents Florida’s real estate industry. Worth noting: This bill (SB 280) passed the House by just nine votes – a true rarity in the days of a Republican supermajority.

DeSantis will also have to decide the fate of a bill that will increase interest rates charged in short-term loans. This bill (HB 1347) barely passed in the Senate, with no votes coming from the three GOP senators considered some of DeSantis’ most loyal allies. State Sen. Blaise Ingoglia publicly ripped the measure on the Senate floor, calling it a “money grab” and saying it was effectively legalizing “loan sharking.”

Other bills being closely watched: A measure dealing with the shooting of bears and another that would bar the release of balloons outdoors.

These bills — barring a special session — close out most of the major activity for this current legislature. There will be new legislative leaders — both with a different agenda than their predecessors — who will be working in tandem with a governor whose political future is likely to be tied to an election four years from now. The sense of urgency that hung over the Legislature is likely to be gone.

For now.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

Programming Note: We’ll be off on Wednesday for Juneteenth but will be back in your inboxes on Thursday.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget in the budget that Playbook should look at? Get in touch at: kleonard@politico.com. Kimberly Leonard will be out June 14-21. POLITICO’s Gary Fineout will be anchoring Playbook this week, and you can reach him at gfineout@politico.com.

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... DATELINE TALLAHASSEE ...

Paul Renner and Kathleen Passidomo speak to each other.

House Speaker Paul Renner and Senate President Kathleen Passidomo | Francis Chung/POLITICO

MAKING IT RAIN — Florida legislative leaders plan to tap into a so-called rainy day reserve fund to preserve the jobs of roughly 200 legislative employees who were affected by Gov. Ron DeSantis’ decision to veto nearly $57 million that was supposed to go to support services for the Florida Legislature.

House Speaker Paul Renner and Senate President Kathleen Passidomo outlined their plan of action in a memo that was distributed late Monday. DeSantis vetoed the money so he could wipe out a proposed study on credit card fees that was opposed by credit card companies and some conservative groups. But his veto not only wiped out funding for the study, but also the money used to pay for joint legislative committees, legislative auditors, tech workers and state economists.

The memo points out that the veto not only affected legislative employees, but it also jeopardized funding for programs such as lobbyist registration, the state’s electronic financial disclosure database and a contract between the Legislature and the Florida Channel. The memo also suggested that legislators will tap into this reserve account only for a limited amount of time and not the entire fiscal year that begins on July 1.

“While the final resolution of this matter may require an act of the Legislature at a future date, we have determined that use of the Legislature’s rainy day reserve funding can temporarily bridge the gap,” wrote Renner and Passidomo.

The state’s budgeting website shows that the Florida Legislature currently has $233 million in its reserves that was previously set aside for legislative services but has not been spent. Unlike state agencies, the Legislature is allowed to carry large balances from one fiscal year to the next.

Katie Betta, a spokesperson for Passidomo, said however that money in the reserve account was expected to be spent on ongoing repairs and renovations around the Capitol complex including the Senate Office Building. The memo notes the reserve account in the past has been used to pay for asbestos remediation and security upgrades and other improvements.

Florida’s Constitution requires a supermajority vote of the Florida Legislature to override a veto of a budget item. But the general counsels for the House and Senate contended in a legal analysis that lawmakers had the legal authority to use the “rainy day” account to cover what DeSantis vetoed.

“The legislative branch is not subject to provisions of Florida law that prohibit state agencies from expending funds on vetoed appropriations,” the two attorneys wrote. “This exemption ensures that the Legislature can fund its operations and upholds the constitutional separation of powers by recognizing the Legislature’s primary role in the appropriations process.”

Sen. Jason Pizzo, the incoming Democratic leader, called on DeSantis to accept the decision by legislative leaders to tap into the reserves. “If the governor seeks to challenge this authority, he will have to publicly reconcile whether this veto was an oversight, or a deliberate action to hamstring the Legislature,” Pizzo said.

— “Professors push back on state argument that professor speech is government speech,” by Tampa Bay Times’ Divya Kumar

— “Gun, social media laws in Florida could be impacted by pending U.S. Supreme Court rulings,” by News Service of Florida’s Jim Saunders

— “Florida transparency advocates push measure to toughen public records violation penalties,” by USA Today Network Florida’s Douglas Soule

CAMPAIGN MODE

HAPPENING TODAY — Democratic National Committee chair Jaime Harrison will join with Florida Democratic Party chair Nikki Fried, newly elected state Sen. Carlos Guillermo Smith and House District 38 Democratic candidate Sarah Henry in Tallahassee to highlight that Florida Democrats have fielded candidates in every legislative and congressional race this year.

HERE COME THE LAWSUITS? — It’s not unusual for the end of qualifying season to bring a smattering of legal challenges, as people try to disqualify their opponents or argue that they were done wrong by election officials.

One of those lawsuits could come in Lake County where former legislator and current Property Appraiser Carey Baker is crying foul after he was outmaneuvered. Baker, a Republican, was about to earn another term in office since no one had stepped forward to challenge him.But, as Florida Politics’ Jacob Ogles lays it out, Baker opted to qualify as a write-in candidate to avoid paying the more than $10,000 qualifying fee. Another Lake County Republican, however, saw the move and paid the fee and is now the only candidate who’s name will be printed on the ballot. (Suffice to say it’s exceedingly rare for a write-in to win.) Baker is now threatening to sue.

Meanwhile, in Collier County, there’s another qualifying controversy involving Alfie Oakes, a prominent conservative Republican, farmer and grocery store owner. Oakes did not properly qualify for the primary to pick the county GOP committeeman spot,according to the Naples Daily News’ Amy Bennett Williams. Oakes gave a statement to Florida Politics’ Ogles that called the assertion he did not properly file his paperwork a “flat out lie” and he criticized Collier County Supervisor of Elections Melissa Blazier (who was appointed to the post last year by Gov. Ron DeSantis).

REALITY CHECK — “Florida used to be a swing state. Now Democrats can only cling to glimmers of hope,” by New York Times’ Lisa Lerer and Patricia Mazzei: “Few Democrats deny that they are facing significant structural disadvantages: a moribund Democratic state party, a deep disadvantage in voter registrations and continued disinvestment from the national party. Some Democratic strategists in the state say that the chatter amounts to little more than a head fake. ‘It’s a state that both sides want you to think is in play, but in reality, it’s not,’ Fernand R. Amandi, a Democratic pollster in Miami, said.”

— “Donald Trump tops fleet of endorsements for Mike Haridopolos,” by Florida Politics’ Drew Wilson

— “Donald Trump endorses ‘tremendous champion’ Neal Dunn for re-election in CD 2,” by Florida Politics’ Ryan Nicol

DATELINE D.C.

UPDATE — Gaetz claims House Ethics panel opened ‘new frivolous investigations’ into him, by POLITICO’s Katherine Tully-McManus: Rep. Matt Gaetz claimed Monday the House Ethics Committee has opened “new” investigations into him, which he called “frivolous.” Earlier this year, the Ethics panel subpoenaed the Justice Department for information tied to an existing investigation into the Florida Republican by the committee. That probe began in 2021 and was examining allegations including sexual misconduct and illicit drug use. Gaetz has maintained his innocence through multiple ethics inquiries and alleges the panel is using investigations against him as retribution for spearheading the ouster of former Speaker Kevin McCarthy last fall. “This is Soviet,” Gaetz posted on social media Monday.

PENINSULA AND BEYOND

HAPPENING TODAY — Americans for Contraception will kick off its “IUD Express” tour at the Miami-Dade Courthouse in Miami, which will include the display of a 20-foot inflatable IUD as well as the use of a mobile billboard and speakers such as Democratic Rep. Debbie Wasserman Schultz. The tour will also stop at Tampa and Orlando before showing up in Tallahassee next Monday on the anniversary of the Supreme Court decision that overturned Roe v. Wade.

MAY THE ODDS BE EVER IN YOUR FAVOR — Losing bet: U.S. Supreme Court tosses last challenge to Florida gambling deal, by POLITICO’s Gary Fineout: The U.S. Supreme Court on Monday swept aside the last remaining legal challenge to a mammoth gambling deal between the state and the Seminole Tribe of Florida, effectively locking in sports betting in the nation’s third largest state. The court said it would not take up a long-shot appeal filed by casinos in the state who objected to the 2021 deal that Gov. Ron DeSantis personally lobbied individual legislators to approve. The compact between the tribe and Florida is expected to generate more than $4 billion for the state over the next five years.

A Red Bull branded parachute is attached to a person as they land in water in front of a guitar shaped building.

A Red Bull Air Force Team member makes a splash in front of the Guitar Hotel at Seminole Hard Rock Hotel & Casino during a Formula 1 party on May 6, 2023 in Hollywood, Florida. | Jesus Aranguren/AP for Hard Rock International

AFTERMATH — “‘They’re treating us like we’re spies’: Florida property ban has Chinese citizens fuming,” by CNN’s Samantha Delouya: “[Jin] Bian and other Florida residents told CNN that the rules have fostered uneasiness and confusion among ethnic Chinese people living in the state. Some say the law has damaged their businesses, while others say they are considering abandoning Florida altogether. And the law underscores the heightened tensions between the two biggest economies in the world in a US presidential election year. Bian said that lately, he had begun reconsidering his life in Florida. He isn’t alone. Ever since Florida Senate Bill 264 went into effect on July 1, 2023, Chinese citizens without green cards face a felony charge and possible prison time if they purchase property in the state.”

FOR YOUR RADAR — “Russian warships leave Havana’s port after a 5-day visit to Cuba,” by Associated Press

— “Administrators faced suspensions in transgender athlete case. The new superintendent cleared them,” by South Florida Sun Sentinel’s Scott Travis

— “A rural Florida county hopes a new airport will bring jobs. First, it needs to retrain its workforce,” by Open Campus’ Nick Fouriezos

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