Peter Schorsch
Sunburn — The morning read of what’s hot in Florida politics.
By Peter Schorsch, Phil Ammann, Daniel McAuliffe, Jim Rosica, and Drew Wilson.
As promised, fresh poll numbers on the Governor’s race: Democrat Andrew Gillum is leading Republican Ron DeSantis by two points, 47-45 percent.
That’s if the election were today. But it isn’t. There’s at least three debates (maybe more) and five weeks that separate the two from Election Day.
Still, there’s a trend. Gillum has consistently led DeSantis in early polling of the general.
That said, the latest from St. Pete Polls suggests the race is close. Gillum has a 2 percent lead — also the margin of error. Each candidate received similar (75 percent) support from their respective party’s voters.
Gillum leads in Tallahassee, Gainesville, West Palm Beach and Miami. DeSantis is strong in Pensacola, Panama City, Jacksonville and Fort Myers. In Tampa and Orlando, both coveted metropolitan areas, the two are statistically tied.
For Gillum zealots, this survey may quell some of the hype from last week, when we saw a series of polls put Gillum ahead. Quinnipiac University gave him a 9-point lead, his largest yet.
For Team DeSantis, this might serve as a soothing elixir, as these numbers come from one of the most accurate polling outfits during the primary.
Recall: We had DeSantis up on Adam Putnam by 23 points, compared to his 20-point victory. And our numbers reflected a last-minute surge from Gillum into second place, compared to the numerous other surveys that suggested anything but.
— WHAT DESANTIS WORLD IS THINKING —
Top sources inside the DeSantis campaign acknowledge that there’s no doubt Gillum had a good September, but they like to say that “as the Atlanta Falcons taught us, there’s four quarters to a football game.”
Gillum rode a wave of national attention after his upset primary win, but since then DeSantis has been doing the things that campaigns actually need to do to win in November.
Info flow is something the DeSantis campaign tracks in its polls because it shows what people are hearing about the candidates. For example, respondents are asked, “Have you seen, read, or heard anything about Ron Desantis/Andrew Gillum, and if so, are you more or less likely to vote for them?”
— SITUATIONAL AWARENESS —
—@AGlorios: It’s breast cancer awareness month. GO GET A MAMMOGRAM, ladies. It saved my life.
—@BiancaJoanie: @RicardoRossello admits he “regrets” some words he said before Gillum’s upset win, when he endorsed Gwen Graham: “I said, ‘Maybe it’s another time.’” Gets audible “ooh” from audience.
—@SteveSchale: How important is it to make sure your friends (AND YOU) return your vote by mail ballot? In 2014, 70,000 more Florida Democrats than Republicans left their VBM ballot unreturned. Rick Scott won by 64,000 votes. So return your d**n ballots. And makes sure your friends do.
—@DeFede: So now the first English-language debate will be on @CNN likely moderated by @JakeTapper. I have nothing but respect and admiration for Tapper. I’m sure he’ll do well. But when you fly in for a debate tailored to a national audience, I’m leery Florida issues will get their due
—@MarcACaputo: A case study in @TonyFabrizioGOP research & messaging: In the runup to Scott’s 2010 bid, polls & focus groups found he’d lead his opponent by 20 points quickly. But Medicare fraud cost Scott almost 35 points. He gained it mostly back by saying “I take responsibility.” It worked
—@TheDaraKam: Play-on-words from @MattCaldwell_fl blasting Democratic opponent @NikkiFried — former medical marijuana lobbyist — as a “chronic lobbyist”
—@Rumpfshaker: Strong ad from @voteAshleyMoody that makes a fair point — her opponent really hasn’t prosecuted a single case. AG isn’t a great place to “learn on the job.”
—@ByronDonalds: Launched the Hope Scholarship Program today at the DeSalle Academy in Fort Myers. I am so proud of this legislation & I couldn’t be more excited to see how this opportunity will change families and students lives forever! Thank you to all of those who helped along the way!
—@APStylebook: If a comma doesn’t help make clear what is being said, don’t use it. But: If the comma is needed for accuracy or clarity, then be sure to use it. That includes the Oxford comma, when you need it for clarity.
— DAYS UNTIL —
FSU vs. UM football game — 4; Voter registration deadline for General Election — 8; MLB World Series begins — 23; ‘Before You Vote’ Florida Governor debate — 23; Early voting begins — 25; Halloween — 29; General Election Day — 35; Florida Blue Florida Classic: FAMU vs. BCU — 46; 2019 Legislature Organization Session meetings — 49; Thanksgiving — 51; Black Friday — 52; Florida Chamber Insurance Summit — 56; ‘Hamilton’ comes to the Straz Center — 133; 2019 Legislative Session starts — 154; Captain Marvel release — 157; 2020 General Election — 763.
— LATEST TURNOUT FIGURES —
— TOP STORY —
They’ve been going at it in ads and through proxies, but now incumbent Democratic U.S. Sen. Bill Nelson and his Republican challenger, Gov. Rick Scott, will debate head to head.
They’ll square off Tuesday in the Telemundo 51 studios in Miramar, with the results to be aired later that day.
National election watchers have tagged this race as a bellwether. Republicans need to keep control of the closely-divided Senate. Taking Nelson’s seat would beef up the GOP’s position to hold its majority.
In Florida, Nelson has been the last Democrat standing as Republicans have controlled every other statewide office since the 2010 elections. Democrats hope to capture other statewide offices in November, but re-electing Nelson is crucial for the party.
It remains unclear, of course, how much the debate will affect the campaign. Neither candidate is known for soaring oratory. But each will try to score points on what they consider compelling issues — and hope the other guy slips up.
The debate will be taped at 11 a.m., Telemundo 51 studios, 15000 S.W. 27th St., Miramar. Airtime is 7 p.m. on Telemundo stations in the Miami-Fort Lauderdale, Orlando, Fort Myers, Tampa and West Palm Beach markets and can be seen on the stations’ digital and mobile platforms.
— DESANTIS VS. GILLUM —
“Another poll, another lead for Andrew Gillum; PPP pegs him up 4 points over Ron DeSantis” via Ryan Nicol of Florida Politics — The newest survey from Public Policy Polling has Gillum, the Democratic nominee for Governor, ahead by four points in his race against DeSantis. The survey sampled 779 registered voters Sept. 28-30. Gillum earned 48 percent support while DeSantis sat at 44 percent. Gillum has now led DeSantis in every major poll released since the two secured their nominations on Aug. 28, according to an analysis by RealClearPolitics.
“Boricua backers: Puerto Rican leaders endorse Gillum” via Ryan Nicol of Florida Politics — More than a dozen Puerto Rican leaders across the U.S. have announced their support for Gillum‘s campaign for Governor. Gillum, the Democratic candidate in the race, currently serves as Mayor of Tallahassee. He is competing against former U.S. Rep. Ron DeSantis, the Republican nominee. Among Gillum’s new spate of backers are former Puerto Rico Governor Alejandro Garcia Padilla and U.S. Rep. Darren Soto of Florida’s 9th Congressional District. State Reps. Robert Asencio, John Cortes and Amy Mercado also endorsed Gillum’s campaign, along with state Sen. Victor Torres.
“Florida Dems note DeSantis vote 5 years ago to shut down federal government” via Mitch Perry of Florida Phoenix — DeSantis was one of a group of approximately three dozen House conservatives who attached a provision to a spending bill that said funding for the federal government’s operations could only happen if Obama’s health care program were cut. It was considered a “poison pill” that eliminated any chance of the federal budget getting support in the U.S. Senate, leading to gridlock. Three Florida Democrats who served in the House at that time were happy to note DeSantis’ support for shutting down the government on a conference call Monday. “It was really a minority of the House Republicans, sometimes called the Tea Party Caucus, who were at the heart of this. And Ron DeSantis was part of that Tea Party Caucus,” said Tampa Representative Kathy Castor. “It was irresponsible. It was bad for the country.”
“Koch-backed veterans’ group to boost DeSantis with direct mail” via AG Gancarski of Florida Politics — Concerned Veterans for America Action announced its intentions to wade into the Governor’s race, with direct mail on behalf of DeSantis. CVAA is an offshoot of Americans for Prosperity, a Koch Network initiative. Koch support was a flashpoint in the Republican primary between DeSantis and Adam Putnam, with a Putnam spokesperson describing “D.C. DeSantis” as “a puppet of the open-border, anti-Trump Koch brothers.” That messaging won’t be heard again this campaign season. The campaign, per the Koch veterans’ group, is “highlighting his dedicated support for veterans.” Expect a six-figure spend for this purpose.
“DeSantis doesn’t mention bump stocks when memorializing Vegas mass shooting victims” via Florida Politics — On Oct. 1, 2017, a gunman opened up fire on the attendees of a music festival in Las Vegas, and in a matter of moments, it became the deadliest mass shooting in American history. The casualties: 58 dead, 851 wounded. The discussion in the immediate aftermath of the massacre was to ban bump stocks, which allowed for the rapid-fire that facilitated the Mandalay Bay massacre. A year after that shooting, the “BAN” seems to have stalled. And Trump’s political allies, including one running for Florida Governor on the strength of the Presidential endorsement, aren’t mentioning bump stocks … The Vegas massacre, per DeSantis, “serves as a reminder of the importance of mental health services and improving programs that provide treatment for those who need it most.“
“DeSantis hits Gillum on donors subpoenaed by FBI” via Danny McAuliffe of Florida Politics — DeSantis hasn’t been shy in attacking his Democratic opponent about the ongoing FBI investigation in Tallahassee. The latest strike? The DeSantis campaign is calling on Gillum to return more than $75,000 in campaign donations from those who’ve been subpoenaed in the course of the more-than-three-year-long investigation into Tallahassee’s city government. While no charges have been filed, the DeSantis campaign considers the subpoenaed donors and businesses linked to them as “tied to the FBI investigation.” “Records show that Gillum has received contributions from 36 of the 40 named subjects of the FBI investigation,” Stephen Lawson, DeSantis’ communications director said.
Assignment editors — Lt. Gov. candidate Jeanette Nuñez will attend a Hispanic Business Women’s Roundtable, 2 p.m., Mondongo’s Restaurante, 3500 NW 87 Avenue, Doral.
“Gillum gubernatorial campaign moves into new digs” via Jeff Schweers of Tallahassee Democrat — The Gillum for Governor campaign is sharing space with Daryl Parks, a trial and civil rights lawyer who donated thousands to Gillum’s campaign. But campaign finance reports don’t show any rent paid yet or the offices at the Parks Crump Building at 240 N. Magnolia Drive across from the Tallahassee Democrat. The campaign moved in after Gillum won the Democratic primary. “We recently moved into this office, after Labor Day,” said Carlie Waibel, a campaign spokeswoman. “We’ll pay rent at the end of the month.” The move shows a trend of Gillum to share digs with friends and supporters. His previous campaign headquarters were at Lettman Square at 1550 Melvin St., owned by Sharon Lettman-Hicks of P&P Communications, Gillum’s sometime employer and mentor.
Assignment editors — Forward Florida, Gillum’s political committee, holds a luncheon, 11:30 a.m., The Residences at Ritz-Carlton, 1111 Ritz-Carlton Drive, Sarasota.
Assignment editors — Gillum will join state Rep. Margaret Good of Sarasota and local community leaders to discuss red tide’s impact on the environment and local economy, and what can be done to mitigate it, 12:45 p.m., Siesta Beach Pavilion, 948 Beach Rd. Siesta Key.
— SCOTT VS. NELSON —
“How ‘toxic’ Donald Trump — and Chuck Schumer — factored into Ricardo Rosselló’s endorsement of Nelson” via Marc Caputo via POLITICO Florida — Puerto Rico’s governor said it was a “tough decision” to endorse Nelson over Scott, but those familiar with his thinking say his fellow Democrat’s longtime support for the island and Trump‘s “toxic” behavior made the choice easier. In his endorsement — which surprised and angered Scott supporters — Gov. Rosselló said Nelson has been a good personal friend to him as well as Puerto Ricans in general because of his support of statehood, Nelson’s opposition to the massive Republican tax bill that disfavored Puerto Rico and his help in steering more federal money to the island in the aftermath of Hurricane Maria last year. “I am grateful because, in our toughest time, you stood in the forefront and helped the people of Puerto Rico,” Rosselló said at an Orlando news conference where his praise directly contradicts the criticism of his lieutenant governor, Luis G. Rivera-Marín, who told POLITICO the day before that Nelson has done far too little for the island compared to Scott.
“Bill Nelson, Rick Scott tied in battleground U.S. Senate contest” via Florida Politics — The St. Pete Polls survey, commissioned by Florida Politics, found Nelson and Scott each receiving about 47 percent support from likely general election voters. Without rounding, Scott slightly edges out Nelson, 47.4 percent to 46.7 percent. The remaining voters are undecided. Both Nelson and Scott have similarly strong support among their bases, with each breaching the 75 percent threshold among the party faithful, though Independent voters prefer Nelson by a 51-40 margin. The poll also measured each candidate’s support regionally, with Scott holding firm leads in the state’s Republican bastions of Pensacola, Panama City and Southwest Florida. The exiting Governor also holds a 56-39 percent lead in the Jacksonville media market. Nelson, meanwhile, ran up the score in Tallahassee, Gainesville, and South Florida. He also holds a slim lead in the Orlando market, while the pair split Tampa with 46 percent support apiece.
“Nelson leading Scott by 4 points in latest poll” via Ryan Nicol of Florida Politics — The turnaround may be real for incumbent Democratic U.S. Sen. Nelson, as he is leading Scott in yet another poll. The newest Public Policy Polling survey puts Nelson up 4 points against Scott, the outgoing Florida Governor. Nelson grabbed 48 percent while Scott earned 44 percent. A total of 9 percent say they remain undecided. The survey sampled 779 registered voters Sept. 28-30. Nelson also earned better favorable numbers than Scott, though both were underwater.
“Nelson stuck in Washington during final stretch of Senate race against Scott” via Steve Contorno of the Tampa Bay Times — The high-stakes nomination of U.S. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court has required that Senators remain in the nation’s capital through every twist and turn in the confirmation process. And Democrats expect Majority Leader Mitch McConnell will keep the chamber in session for most of, if not all of October, meaning Senators in difficult re-election battles, like Nelson, will have precious few days to stump in their home states. Already, Nelson has maintained a lighter campaign schedule this election cycle than some Democrats are comfortable with. Like many of his Democratic colleagues in tight races, Nelson’s time in the state has been largely relegated to weekends.
— NOTES FROM THE CAMPAIGN TRAIL —
“Sean Shaw targeted on website, Twitter account as soft on crime” via William March of the Tampa Bay Times – The Republican Attorneys General Association has created a website and apparently also a Twitter account aimed at portraying Sean Shaw, Democratic candidate for attorney general, as soft on crime. But the Twitter account, with the handle @SeanShawFlorida and account name realseanshaw, appears to violate Twitter’s rules on impersonation. The website, realseanshaw.com, contends Shaw is “Soft on crime – not a friend of law enforcement.” It says that’s because Shaw, an insurance policyholder’s lawyer, handled an insurance case representing a daycare center in which a child had been molested; because he sponsored legislation to end Florida’s policy of permanently revoking voting rights for those convicted of felonies; and because he backed Orange County state attorney Aramis Ayala in a conflict with Gov. Scott over the death penalty.
P.S. What’s this all about? Florida Politics received this text message last night:
“Nikki Fried to NRA: the Ag Commish doesn’t work for you” via Florida Politics — Fried, the Democratic nominee for Agriculture Commissioner, had a message for the National Rifle Association Monday. That message: the Ag Commissioner does not work for the gun lobby. “For eight years Florida’s Department of Agriculture has been run by the NRA. After the failure to perform background checks, we can’t afford another NRA sellout putting our safety at risk,” Fried asserted in a video message. “My opponent Matt Caldwell is more of the same,” Fried continued, noting that Caldwell is “endorsed and A+ rated by the NRA—he voted against the School Safety Act passed after the Parkland tragedy and has spent nearly a decade in office doing their bidding.”
“Ross Spano holds slim lead over Kristen Carlson in new CD 15 poll” via Florida Politics — A new poll from Bold Blue Campaigns, conducted Sept. 22 through Sep. 27, found Spano ahead by 3 percentage points over Carlson, 49-46 percent, with 5 percent of voters saying they were undecided. Spano’s lead falls well within the poll’s margin of error and continues to show strong Democratic support in the heretofore safe Republican seat. “The 5 percent of undecided voters are primarily younger voters, independents and voters of color, meaning that the Democrat Carlson likely still has some room to grow, while Spano will have to rely on motivating the GOP base to turn out to fend off a potential wave result,” the polling memo said.
“Judge: Pam Keith, Roy David Walker can’t replace April Freeman” via Jacob Ogles of Florida Politics — A federal judge denied Keith and Walker the chance to run for Florida’s 17th Congressional district, where Democratic leaders must pick a replacement for the late Freeman. Now party leaders will hold an emergency meeting to choose who faces Republican candidate Greg Steube in the Nov. 6 general election. Keith and Walker filed a complaint in federal court asking that a judge determine the candidates, who lost separate party primaries earlier this year, be eligible as federal nominees despite a state law preventing candidates who have already run in a calendar year from seeking a separate office. U.S. District Court Judge Elizabeth Kovachevich ruled against the plaintiffs, saying they failed to put forth a reasonable argument to delay normal election proceedings.
Breaking overnight: “Democrats choose Allen Ellison to replace Freeman in CD 17 race” via Jacob Ogles of Florida Politics —Ellison, a policy expert from Sebring, will replace the recently deceased Freeman as the Democratic nominee in Florida’s 17th Congressional District. The duty fell on Ellison following a conference call with Democratic leaders throughout the nine counties in the district. Ellison stood out among six applicants to seek the nomination … Ellison now plans to travel to Tallahassee and finish any necessary paperwork with the Florida Division of Elections and to pay the $10,400 qualification fee. “I’m pleased we have a candidate that is ready to step up and do the necessary work,” said JoAnne DeVries, Sarasota Democratic Party chairwoman. Ellison previously considered running in the district in the past but never qualified as a candidate. “I have actually lived in the district for over 30 years,” he wrote in an email to party leaders. DeVries said Ellison’s longtime connection to the district impressed party leaders.
“New Carlos Curbelo ad details girl who ‘inspired the world’” via Ryan Nicol of Florida Politics — The 30-second spot, titled “She Inspired the World,” highlights the story of Bella Rodriguez-Torres. Rodriguez-Torres fought a long battle with a lethal form of cancer, surviving years beyond expectation before passing away at age 10. The Live Like Bella Childhood Cancer Foundation was created in her memory. Bella’s father, Raymond Rodriguez-Torres, reflects on his daughter’s life in the ad before thanking Curbelo for supporting legislation to fund treatment for children like his daughter. “Because of Congressman Curbelo’s support, two federal pieces of legislation have been made possible to advance research for children battling cancer.” Rodriguez-Torres is referring to Curbelo’s involvement in securing the passage of the Research to Accelerate Cures and Equity (RACE) for Children Act and the Childhood Cancer Survivorship, Treatment, Access, and Research (STAR) Act of 2018.
To view the ad, click on the image below:
“Lawsuit could complicate GOP replacement in SD 14 race” via Florida Politics — Litigation in a congressional race may cloud the process of finding a GOP successor for Dorothy Hukill, the Port Orange Republican who has decided to not seek re-election in Senate District 14. Hukill on Friday announced via Facebook that she “recently experienced an aggressive recurrence” of her cancer, is forgoing re-election and decided to enter hospice care … Sarah Revell, director of communications for the Florida Department of State, explained that if the state receives a letter of withdrawal, “it would create a vacancy in nomination which triggers a process” outlined in state law.
Happening tonight:
“Direct mail roundup: Ray Pilon targets Margaret Good as ‘hyperpartisan’ in new ads” via Florida Politics — “Margaret Good: Putting her political party above our safety,” the front side of one of the mailers reads. “Proving she’s hyperpartisan, Margaret Good towed [sic] the party line instead of keeping our kids safe.” On the reverse, the ad railed against Good’s no vote on the school safety package passed by lawmakers in the 2018 Legislative Session after the Marjory Stoneman Douglas massacre. The law raised the minimum age to buy long guns from 18 to 21 alongside several mental health and school safety provisions. Good was one of 50 House lawmakers to vote no on the bill. Some of the nays came from Republican lawmakers who thought the bill went too far, while Democratic lawmakers asserted that the law did not go far enough.
— DOWN BALLOT —
“Felons’ rights restoration amendment positioned to pass, survey says” via Florida Politics — A poll commissioned by the supportive Floridians for a Fair Democracy shows sufficient support to pass a Constitutional Amendment to restore reformed felons’ civil rights. The poll of 1,000 likely voters shows 74 percent support for Amendment 4, a number well above the 60 percent threshold … While just 59 percent of Republicans support the measure, 79 percent of independents and 88 percent of Democrats are in support. The amendment also has strong support demographically, ranging from 62 percent support from Hispanics to 92 percent backing from African-American voters. Not all polls are so optimistic when it comes to the amendment, however. A Florida Chamber of Commerce survey released Monday reveals that while there is 2-to-1 support for the amendment among those who have decided (42-20), 36 percent over voters remain undecided.
Marcy’s Law group announces state chairs — Republican Attorney General Pam Bondi, Democrat State Sen. Lauren Book, Republican State Senate Majority Leader Wilton Simpson, and Former Democratic State Party Chair, State Sen., and State Attorney Rod Smith will serve as state chairs of the campaign to pass Amendment 6/Marsy’s Law for Florida. If passed, Amendment 6/Marsy’s Law for Florida would provide crime victims with rights and protections equivalent to those already afforded the accused and convicted. It will equalize victims in the court system without taking any rights or protections away from defendants.
“To the Editor: When you return to Florida…” via Foster’s Daily Democrat (Dover, New Hampshire) — The fight over a proposed constitutional amendment banning greyhound racing in Florida has found its way to the letters to the editors of a New England daily newspaper: “This letter is for summer residents of New Hampshire who will vote in Florida in November. Amendment 13, advertised to help ‘protect dogs’ by ending greyhound racing, does not protect them! … I have toured kennels, and greyhounds today are loved and well cared for. Take one of the advertised NGA track tours, and please vote ‘no on 13.’ ” The letter was signed by “Wendi Tremblay, Barrington.”
— ENDORSEMENT ROUNDUP —
The Tampa Bay Times unveiled its Cabinet candidate endorsements on Tuesday, recommending two Democrats and a Republican for the three positions.
The Times recommends Democrat Nikki Fried over Republican Matt Caldwell for Agriculture Commissioner, writing that Fried would be “a stark change from the traditional mold of Florida’s chief farmer, bringing more diversity to the state Cabinet and a new emphasis on the increasingly important consumer services side of the job.”
In the race for Attorney General, the Tampa newspaper suggests Floridians back Republican Ashley Moody because she “has the stronger legal experience and is best prepared to become attorney general and serve on the Cabinet,” when compared to Democratic opponent Sean Shaw.
In the Chief Financial Officer race, the Times’ editorial team backed Democrat Jeremy Ring over incumbent Republican Jimmy Patronis, calling Ring “far more qualified.”
The Sun-Sentinel, which has backed Gillum, endorsed Attorney General hopeful Shaw on Monday, writing that “Moody has the right resume, but the wrong approach.”
The Palm Beach Post endorsed Fried in the Ag Commissioner race for bringing “a bushel of ideas to an office not exactly known for innovation and creativity.”
“Barack Obama’s Florida endorsements: who made the cut, who didn’t?” via George Bennett of the Palm Beach Post — President Obama endorsed Democrats Gillum for governor, Nelson for a fourth Senate term and Lauren Baer for a Palm Beach-Treasure Coast U.S. House seat as part of a nationwide list of endorsements. Obama endorsed a total of 19 Florida candidates in competitive races from state House to Congress to the high-profile contests for Senate and governor. Noticeably absent from Obama’s list: Donna Shalala, the former Health and Human Services secretary and University of Miami president who’s running for the open Miami congressional seat of retiring Republican U.S. Rep. Ileana Ros-Lehtinen. Obama also declined to weigh in on Florida’s statewide races for Attorney General, Chief Financial Officer and Agriculture Commissioner.
— STATEWIDE —
“’AOB’ insurance fight goes to Supreme Court” via Jim Saunders of the News Service of Florida — Pointing to conflicting opinions in the state’s appellate courts, attorneys filed notices asking the Supreme Court to take up a St. Lucie County case about a water-damage insurance claim. In a somewhat-unusual circumstance, attorneys representing parties on both sides — an insurer and a restoration company — want the Supreme Court to weigh in. While assignment of benefits is nothing new, it has become high-profile because of increased claims for water damage to homes, particularly in South Florida. Insurers argue that the process has become riddled with fraud and litigation, driving up insurance rates. Contractors and trial attorneys contend that assigning benefits helps homeowners hire contractors quickly to repair damage and forces insurers to properly pay claims. A decision last month by the 4th District Court of Appeal in the St. Lucie County case was a victory for the insurance industry because it upheld a restriction on assignment of benefits. But that decision conflicted with a ruling last year by the 5th District Court of Appeal. It is too early to know whether the Supreme Court will take up the dispute.
“Judge’s ruling eviscerates state’s greyhound drug-testing system” via Jim Rosica of Florida Politics — An administrative law judge on Monday largely gutted the state’s proposed rule governing the drug testing of racing greyhounds. In a 44-page “final order,” Administrative Law Judge E. Gary Early struck down specific provisions of the state regulation on how greyhounds are chosen for testing on race days, and how samples are stored and at what temperature … Early also criticized the lack of standards: The rule “provides no procedure for handling, storing, or shipping (urine specimens), and no chain of custody procedure, other than delivery to the (state’s) contract laboratory,” he wrote … For instance, the state requires using “evidence tape” to seal samples and to store them in “lockable freezers” until they’re sent off for testing. But Early said the rule was “irrational” because it doesn’t actually require the freezers to be locked.
“Appeals court to hear arguments on Scott records” via the News Service of Florida — The 1st District Court of Appeal has scheduled arguments Oct. 10 in the dispute between Scott and the AIDS Healthcare Foundation … Leon County Circuit Judge Charles Dodson ruled Sept. 5 that Scott was required to turn over his calendar — including information about fundraising events and where the governor will reside at night — to the group. Scott appealed, and the 1st District Court of Appeal said it would expedite the case. The AIDS Healthcare Foundation filed the lawsuit in July after the Scott administration did not provide the requested calendar information in response to a public-records request. The request was made after the state Agency for Health Care Administration did not renew a five-year Medicaid contract with the foundation’s subsidiary, Positive Healthcare, to provide Medicaid services in Broward, Miami-Dade and Monroe counties.
“’Hope’ scholarship motorist contributions start” via the News Service of Florida — Florida auto dealers were required to begin carrying out part of a new law that will allow car buyers to help fund the controversial “Hope” scholarship program. Under the law, car buyers can voluntarily shift up to $105 from the sales taxes they would normally pay on vehicle transactions to the Hope scholarship program. The scholarships will allow students who are victims of bullying or other violence to receive public funding to move to private schools. Opponents have argued, in part, that the bullying issue is being used to expand school vouchers to thousands of students.
“Nearly $300 million in BP oil spill restoration funds still pouring into Florida” via Janelle Irwin Taylor of Florida Politics — The Gulf Coast Ecosystem Restoration Council approved nearly $300 million in projects to restore and protect Florida’s Gulf Coast after the BP oil spill, Gov. Scott announced. The Council is comprised of the five Governors from the states affected by the 2010 Deepwater Horizon disaster and several federal agencies. Congress created the council through its 2012 Revived Economies of the Gulf States (RESTORE) Act that’s funded through BP and parties responsible for the oil spill. The $291 million in state funding is intended to restore and conserve habitat, restore water quality and quantity, replenish and protect marine life and fisheries, restore and revitalize the Gulf economy and resiliency.
“FDOT doesn’t know if it breached 6 million customers’ SunPass accounts” via Noah Pransky of WTSP — Before the state’s failed SunPass upgrade in June, troubled FDOT contractor Conduent accidentally left a test site — with customers’ account information — on an unsecured public internet page — a risk that experts say would have made it easy for hackers to access and exploit 6.5 million customers’ accounts. But the state never told customers of the breach risk, even though FDOT’s own data security experts expressed concern in May about the mistake. “The instant you put anything on the internet publicly, there are attempts to hack it,” said Bryan Graf, Vice President of Development at Abacode CyberSecurity Experts. “Exposing a test site to the Internet, especially without encrypting its traffic, could potentially increase the chance that maliciously — or accidentally — your information could be released and used by a malicious actor.”
“Prosecutor who sparked Jackson County drug-planting probe resigns as whistleblower” via Jeff Burlew of the Tallahassee Democrat — Christina Pumphrey started hearing whispers about Jackson County Deputy Zachary Wester not long after joining the State Attorney’s Office. “You can’t trust him,” a couple of assistant public defenders told her. “You’ve got to watch him. Our clients are complaining about him.” Pumphrey, who spent nearly 15 years as a state government lawyer, went to work for the 14th Judicial Circuit prosecutor’s office in early May. Pumphrey didn’t set out to become a whistleblower. But after sharing her concerns about Wester with higher-ups, she set off a chain reaction that ultimately led to his firing, her resignation and the recent dismissal of nearly 120 cases involving the ex-deputy. Pumphrey decided to leave the State Attorney’s Office, a job she loved. She put in her notice earlier this month. Her last day was Friday.
— TWEET, TWEET —
Today, @POTUS awarded the #MedalOfHonor to a patriot & American hero, @USArmy Special Forces SSG Ronald J. Shurer II. SSG Shurer raced into danger to provide medical care to his fellow soldiers. His selfless actions to save lives in Afghanistan inspire us all & we salute you. pic.twitter.com/4QdDFFK6ie
— Vice President Mike Pence Archived (@VP45) October 1, 2018
— OPINIONS —
“Blame for water pollution misdirected at sugarcane farmers” via Weston Pryor for the Orlando Sentinel — As a Glades family sugarcane farmer and county commissioner, I was angry and disappointed about the Sept. 6 OrlandoSentinel.com guest column “Dead fish on Florida shores: Turn outrage into action” by Bullsugar.org representative Chris Maroney. This is not a crisis caused by farmers south of Lake Okeechobee. This is because millions of people have moved into a system designed more than 70 years ago for a fraction of that population. What Bullsugar neglected to reveal was that nearly 95 percent of this water and nutrients runs off communities from Orlando south into Lake Okeechobee. When Lake Okeechobee and the Everglades are full, the U.S. Army Corps of Engineers — not sugarcane farmers — discharges that water east and west to the St. Lucie and Caloosahatchee estuaries because of dike safety concerns during hurricane season.
— MOVEMENTS —
“Personnel note: Mike Fischer joins The Legis Group” via Florida Politics — The Legis Group, a lobbying concern founded by former Republican House members Rob Schenck and Doug Holder, announced Fischer is joining its Tallahassee office. Fischer has 15 years of experience lobbying the legislative and executive branches in Florida. Before joining The Legis Group, he was the owner of Redfish Consulting. “I’m honored to join the team at The Legis Group,” Fischer said in a statement. “It’s an exciting opportunity for me to work with such a talented group of people and help the firm continue to grow.” Added Schenck: “It is an honor to have Mr. Fischer join The Legis Group … Mike is a tremendous talent and resource.” Fischer has lobbied effectively on a wide variety of topics, including health care, transportation, budget, and regulatory issues.
Personnel note: Alisa LaPolt returns to Topsail Public Affairs — LaPolt, a Tallahassee-based communications consultant, is returning to lead Topsail Public Affairs to pursue communication initiatives and advocacy, the firm said. A press release noted her passion for “providing a strong, meaningful voice to businesses, associations, and individuals advocating for change at a time when many feel disconnected from government and politics.” She most recently served as NAMI Florida’s Executive Director. LaPolt also was the lead lobbyist for the Florida Nurses Association, and previously was a reporter for Gannett News Service (now USA Today Network).
New and renewed lobbying registrations:
Jessica Janasiewicz, Corinne Mixon, Rutledge Ecenia: Florida Court Reporters Association, School District of Manatee County
Rob Johnson, The Mayernick Group: Kalkomey Enterprises, Inc.
Georgia McKeown, Johnson & Blanton: City of Oak Hill, NextNav
— ALOE —
“Expansion permit approved for Best Western at Disney Springs” via John Gregory of Orlando Rising — The South Florida Water Management District has issued a permit for a new 14-story tower and other additions at the Best Western Lake Buena Vista Hotel. The hotel is located Hotel Plaza Boulevard northeast of Disney Springs and just west of I-4. The project, called the “Black Lake Hotel,” will add the new tower along with a new meeting space, pool and parking in an area just under 9.5 acres. “A small portion of it will encroach into the wetland to the west. However, most of it will be located in what is presently surface parking,” according to documents included with the Reedy Creek Improvement District’s initial application.
