Staff Reports
First things first: Happy birthday to lobbyist and all-around good guy Ron Pierce. As we come off a week of celebrations and parties in Tallahassee, RSA is having their own special celebration for Pierce as he turns the big 5-0. Pierce has spent more than half of these years as a fixture in Tallahassee politics and has matured into a strong leader, mentor and confidant to many in the business. His team at RSA spent the day Friday celebrating this milestone birthday with him. Please join us in also wishing Ron a very happy birthday. The best is yet to come!
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Seminole 100
A top official with the Tampa Bay Buccaneers is returning to his alma mater of Florida State University to serve as the keynote speaker for FSU’s 2023 Seminole 100 event scheduled for February.
Brian Ford earned his degree in hospitality administration from FSU in 1989 and is the chief operating officer for the Bucs. Ford has been with the organization since 2006. He oversees day-to-day business operations and community involvement and he works with the team owners on offering a high quality experience to the fans.
During his time with the Bucs, he helped guide a renovation of Raymond James Stadium and the construction of a 100,000 square foot practice facility. (Let’s note here that the Bucs also won a Super Bowl two years ago, WOOT WOOT.)
The annual Seminole 100 list and event highlights the fastest-growing businesses owned or managed by FSU alumni. Each company learns their numerical ranking and receives an award at the annual celebration.
“I am honored and very much looking forward to addressing some of our country’s most accomplished entrepreneurs at this year’s Seminole 100 awards,” Ford said. “As a proud Seminole, I’m excited to get back on campus in celebration and recognition of these top performers in business. Seminole 100 plays an integral role in promoting innovation in business and entrepreneurship, and I am thrilled to have an opportunity to share my experiences with the next generation of successful business leaders and FSU alumni.”
The FSU Seminole 100 is put together by the Jim Moran Institute for Global Entrepreneurship in partnership with the FSU Alumni Association. Honorees and their businesses will be celebrated on Feb. 25 at the FSU Student Union.
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Coming up, the usual assortment of news, intel and observations from the week that was in Florida’s capital city by Peter Schorsch, Drew Wilson, Renzo Downey, Gray Rohrer, Christine Jordan Sexton and the staff of Florida Politics.
But first …
Take 5
The “Takeaway 5” — the Top 5 stories from the week that was:
Gov. DeSantis, Cabinet officers sworn in — Supporters gathered in Tallahassee welcomed Gov. Ron DeSantis to his second term this week, and Florida’s top state officials swore their oaths of office on the steps of the Historic Capitol. In his address, DeSantis said Florida carries the torch of the “sacred fire of liberty.” While the Governor focused much of his speech on the record of his first term, he hinted he’ll seek massive tax cuts and more state control over school districts and state universities. Joining the Cabinet is Agriculture Commissioner Wilton Simpson, whose entrance secures Republicans their first sweep of Florida statewide offices since Reconstruction.
DeSantis envisions reformed New College — DeSantis appointed conservative activist Christopher Rufo and five others to the New College of Florida Board of Trustees. The move is part of the Governor’s continuing attack against diversity, equity and inclusion and critical race theory. With the new directive for the Board, DeSantis hopes to transform the school into a “classical college” modeled after Hillsdale College, a private conservative liberal arts college in Michigan. Administration officials are workshopping the phrase “Hillsdale of the South” and proclaiming the appointments as a historic move for higher education.
Lawmakers eye Reedy Creek plan — A plan is in the making for the state to take over management of the special district governing Walt Disney World. A notice on the Osceola County Property Appraiser website makes clear legislation will be filed in the Legislative Session to revise state oversight of the Reedy Creek Improvement District. The DeSantis administration supports the plan, which would have the state appoint the governing board and impose reporting requirements. The plan would also ensure Reedy Creek’s debts don’t fall on local governments.
DeSantis activates National Guard over Caribbean migrants — DeSantis declared a state of emergency, activated the National Guard, and ordered state agencies to help deal with the rising number of migrants reaching South Florida from Cuba and Haiti. More than 300 migrants arrived at the Dry Tortugas National Park, about 70 miles west of Key West, on Jan. 1. Federal, state and local authorities have intercepted more than 8,000 migrants in Florida’s territorial waters since August. As part of the deployment, airplanes and helicopters from the Florida National Guard will be sent to the area to help Florida Fish and Wildlife Conservation Commission marine patrol interdict “and ensure the safety of migrants attempting to reach Florida through the Florida Straits,” according to the news release from DeSantis’ office.
Ed Department surveys for wokeness — The Governor’s Office and the Department of Education is surveying for “woke ideology” in Florida’s higher education system. The administration wants schools to report any and all programs and spending related to DEI and CRT. State colleges and universities have until Friday to report such programs, per a memo from the Governor’s Office of Policy and Budget. “As the Executive Office of the Governor prepares policy and budget proposals ahead of the 2023 Legislative Session, it is important that we have a full understanding of the operational expenses of state institutions,” wrote OPB Director Chris Spencer.
Lawyer up
Attorney General Ashley Moody’s team is headed to court next week against President Joe Biden’s Department of Homeland Security.
The trial, which begins Monday, comes after Moody sued DHS last year for failing to detain migrants who are in the country illegally. The lawsuit notes that U.S. Immigration and Customs Enforcement has refused to accept a number of criminals apprehended by local and state authorities.
“Since President Biden took office, he has intentionally dismantled public-safety immigration structures, allowing chaos to reign at our nation’s Southwest Border, and letting unvetted, inadmissible immigrants — along with dangerous individuals and deadly drugs like fentanyl — into our country,” Moody said in a statement. “Biden’s actions are beyond irresponsible and put Americans at risk. Now, because of our litigation, the President must defend his reckless actions and refusal to follow the law in a federal courtroom.”
The Attorney General’s Office has been collecting evidence during the discovery period.
The state obtained testimony and depositions from key immigration officials backing up their claim that the Biden administration knew its immigration policies would lead to the release of hundreds of thousands of migrants. A memo also detailed the federal government’s plans for if Title 42 expires.
Shots fired
Shortly after being sworn in for his second full term, Chief Financial Officer Jimmy Patronis released a statement bashing some of his frequent targets: the Biden administration and Congress.
“As Governor DeSantis and the Florida Legislature have demonstrated – leadership matters. During COVID, we saw public officials who were downright giddy about shutting down businesses. In contrast, Florida officials — and especially the Governor — took their oath of office seriously and understood that we serve our constituents, and that liberty comes from God,” Patronis said. “I am honored to begin my second term as Florida’s Chief Financial Officer and grateful for the confidence the electorate has placed in me. We’ll continue working hard every day to Keep Florida Free and ensure taxpayer dollars are respected, our first responders are supported, and we hold those accountable who commit fraud, waste or abuse.”
Patronis, a former Florida House member, assumed the CFO position after being appointed by then-Gov. Rick Scott in 2017. He then won election in his own right in 2018 and has consistently slammed the Democratic-controlled U.S. Congress. But on Tuesday, Republicans were expected to assume control of the U.S. House. However, as of this writing, the presumed Speaker of the House, California Republican U.S. Rep. Kevin McCarthy, had not secured the necessary 218 votes to win that leadership position.
“Florida’s opportunities can only be limited by a Congress that’s broken and a presidency that’s hell-bent on moving our country towards socialism. Poor, middle class, and retired Americans are having their savings stolen from them by runaway inflation,” Patronis added. “We’ve got the federal government colluding with Big Tech to limit factual information from entering the public domain, and we’ve got a Congress that’s supercharging the IRS to shakedown small businesses. Florida is fighting back on all of this — and my commitment to Floridians is that as long as I’m in that chair, we’ll do everything possible to fight back against an administrative state that’s working overtime to target our citizens.”
Fond farewell
Agriculture Commissioner Wilton Simpson offered praise to State Forester Erin Albury, who recently announced his retirement.
Albury began his career with the Florida Department of Agriculture and Consumer Services’ Florida Forest Service in 1997 and has served as Director and State Forester since 2020.
“The Florida Forest Service has a critical mission to protect Floridians and preserve our state’s natural resources, and I thank Erin for faithfully serving the Florida Forest Service and the state for more than 25 years,” Simpson said in a news release. “I appreciate Erin’s steadfast leadership and tireless dedication to defending our communities and natural spaces, and I wish him well in retirement.”
The newly sworn-in Agriculture Commissioner said that Florida Forest Service Assistant Director Johnny Sabo will step in for Albury on an interim basis.
Sabo has been with the service since 2004, starting as the Calhoun and Liberty County Forester. He was later promoted to Operations Administrator before becoming the Chipola Forestry Center Manager. In 2017, Sabo advanced to the State Office as the Forest Management Bureau Chief before serving as the Field Operations Bureau Chief.
Sabo was named Assistant Director in February 2020. He received his bachelor’s degree in forest resource management from Clemson University and has 18 years of experience with the management of Florida’s public and private forests, prescribed fire, and wildfire suppression.
Instagram of the Week
The Week in Appointments
State University System Board of Governors — DeSantis has appointed former House Speaker Jose Oliva to the board. Oliva served in the House from 2011-20 as a Republican, exiting after spending his final term as Speaker. He is the CEO of Oliva International Foods, current Director of the Cuban Liberty Council and serves on the Oliva Cigar Company Board of Directors. He previously served on the Hialeah Census Board and Housing Commission. Olivia attended St. Thomas University. His appointment is subject to confirmation by the Florida Senate.
New College of Florida Board of Trustees — DeSantis appointed Rufo, Matthew Spalding, Charles Kesler, Mark Bauerlein, Debra Jenks and Jason “Eddie” Speir to the New College BoT. After the appointments were announced, DeSantis Chief of Staff James Uthmeier said, “It is our hope that New College of Florida will become Florida’s classical college, more along the lines of a Hillsdale of the South.” Read the full story on Florida Politics.
‘Huge win’
The Florida Supreme Court this week answered a certified question from Florida’s 5th District Court of Appeal on relative damage awards in a tobacco-related wrongful death case.
The case, Coates v. R.J. Reynolds Tobacco Co., saw a jury award the plaintiff $150,000 in compensatory damages and $16 million in punitive damages, which are meant to punish defendants and serve as a deterrent for others.
The Florida Justice Reform Institute (FJRI), joined by the U.S. Chamber of Commerce and the American Tort Reform Association, previously filed an amicus brief in the case.
In its amicus, FJRI argued that “the 1997 version of the statutory cap found in section 768.73(1), Florida Statutes (1997) (the version applicable to this case), makes an award of punitive damages above the 3:1 ratio presumptively invalid.”
After the high court agreed, FJRI President William Large issued a celebratory statement.
“As the Court noted in its opinion, ‘judicial discretion must be constrained by statutory criteria in determining whether an award is excessive.’ This is a huge win for textualism and the notion that the judiciary’s role is to say what the law is and not what it should be,” he said.
Connection corrections
The FCC has boatloads of data on where broadband service is available and what speeds are being offered at each home and business addresses, but the Department of Economic Opportunity wants Floridians to fact check it.
The FCC’s National Broadband Map allows anyone to enter an address and view what providers offer service, the maximum connection speed they can deliver, and the tech that underpins it, such as copper wire, cable, satellite or fiber.
Floridians are encouraged to let the FCC know about any errors ASAP — challenges received by Friday will be prioritized and will continue to be accepted on a rolling basis.
If you’re reading this on a gigabit connection, you can probably skip checking out your address. The more pressing issue is ensuring that the FCC knows whether an address is unserved by a fixed (wired) or mobile broadband connection.
The final map will determine how and where the state will use millions in federal funding it has received for broadband expansion efforts.
Two months ago, the Florida Office of Broadband received $247.8 million from the U.S. Treasury for the Capital Projects Fund Broadband Infrastructure Program. The office was also awarded $2.4 million for their Digital Equity Planning Grant, as well as $5 million for the BEAD 5-year action plan.
Jackpot
A handful of players won big last year, but the Florida Lottery hit the jackpot.
The Lottery said it made more than $9.32 billion in sales in the fiscal year that ended June 30, marking the 11th consecutive year it has set sales records. While lotto players may have won millions, the big beneficiary was the Educational Enhancement Trust Fund.
The Florida Lottery launched in the late 1980s after voters approved a constitutional amendment setting it up to fund education, including the Bright Futures college scholarship program.
The Lottery’s transfers to the state’s Educational Enhancement Trust Fund have topped $1 billion a year for the past 20 years and it broke the $2 billion for the first time in fiscal year 2020-21 as ticket sales surged during the pandemic.
It busted that record last year, transferring more than $2.3 billion to the EETF. In December, the Lottery’s lifetime transfers to the fund crossed $43 billion.
About two-thirds of the Lottery’s transfers come from scratch-off sales, and one of the all-stars last year was a new $50 ticket, “500X THE CASH.”
The Lottery said it sold $58.7 million in tickets during its launch week, setting a record for the highest single-week sales of any scratch-off game in the country. Since it debuted in February, the game has generated more than $261.7 million for education.
“I’m honored to be a part of Gov. DeSantis’ administration and especially proud to lead an agency that supports the Governor’s ongoing commitment to education in our great state,” said Florida Lottery Secretary John Davis.
“This year was another one for the record books and furthered our mission of creating brighter futures for students, their families, and the communities in which they reside across Florida. Under Gov. DeSantis’ guidance and leadership, and with support from our loyal players, dedicated retailers, gaming vendors, and hard-working employees, the future of the Lottery looks brighter than ever.”
Move over!
The Department of Highway Safety and Motor Vehicles is ringing in Move Over Month this January by reminding motorists to scoot over to the far lane or slow down when emergency vehicles are stopped on the side of the road.
The agency pointed to a state law requiring drivers to move over, and cited the 217 crashes and 14,927 citations issued for violations in 2021.
“The Move Over Law protects the men and women who call the road their office each day and ensures that they make it home safely to their families,” former DHSMV Executive Director Terry Rhodes said in a released statement. “Law enforcement, first responders, and service, utility, and construction professionals provide critical services to motorists in one of the most dangerous work environments. It is critical that motorists abide by the law and move over or slow down for these brave workers so that they can do their job and most importantly, make it home safely each day.”
Florida Highway Patrol officers will conduct education campaigns during the month. Motorists can also report dangerous drivers by dialing *FHP.
“The Move Over Law protects our law enforcement, emergency first responders, and other service vehicles on Florida’s roadways,” said FHP Director Col. Gene Spaulding. “Please give our public service professionals the room they need to deliver critical services to Florida’s citizens and visitors.”
The year in DBPR
Last year was a good year for business, and the Department of Business and Professional Regulation, says DBPR Secretary Melanie Griffin.
The Secretary on Wednesday highlighted her agency’s achievements from 2022, including operational successes, hurricane response accomplishments, and agency education and enforcement.
“To the credit of Governor DeSantis’ pro-business climate, the number of DBPR licensees has grown to 1.7 million, increasing by nearly 300,000 in 2022,” Griffin said in a statement. “To best serve these citizens of Florida and visitors to our state, DBPR looks for ways to cut bureaucratic red tape, refine internal processes, and partner with stakeholders and sister agencies to make it easier for Floridians to obtain professional licensure, have access to good paying jobs, and open businesses in Florida.”
The department reduced application processing times by 68% last year by reducing agency turnover, adding evening and weekend shifts and more.
On hurricane recovery, DBPR played a role in the immediate disaster response to Hurricanes Ian and Nicole by coordinating shelters and supply distributions. The department also waived fees, deadlines and requirements for businesses affected by the storms and cracked down on fraudulent businesses taking advantage of the storm.
The department also highlighted interesting tidbits, like details on the growth of the state’s vacation rental industry and the record number of professional boxing, kickboxing and mixed martial arts events sanctioned in Florida.
To boldly go …
Space Florida, the state’s aerospace industry financing group, is seeking applications from aerospace firms for projects to advance the state’s spaceport system.
The projects are designed to bulk up the state’s infrastructure for public sector and commercial space industry travel needs, and businesses can apply for grants from Space Florida’s Space Transportation Infrastructure Matching Fund, which requires a 50% match from the private sector.
The call for applications is done every year. Last year the fund issued $48.2 million. The deadline to apply is March 15.
“Florida is the premier transportation hub for a global space economy providing rapid transport routes to other major world markets. Working in further collaboration with the growing space private sector will help consolidate and mature a Florida spaceport system of the future,” said Frank DiBello, President and CEO of Space Florida, in a released statement.
“The work we do at Space Florida extends beyond today, with a focus on the next generation of space enterprise. Our mission is to create a thriving space ecosystem, which not only supports today’s operational needs but also the establishment of pioneering outposts in high-value orbits, waypoints in space, and a lunar economy that fuels commercial and military operations.”
The funds have helped pay for SpaceX’s manufacturing facility, Cecil Spaceport operations control center improvements, Blue Origin’s launch pad and Boeing’s Starliner assembly and United Launch Alliance’s improvements to its launch complex at Cape Canaveral.
For this year, the applications will be for projects in fiscal years 2025-2029. The application can be found online here.
Due date
For those in the path of Hurricane Ian, the deadline to apply for assistance from the Federal Emergency Management Agency is Thursday.
The Florida Division of Emergency Management is reminding storm victims to apply or make sure they complete their applications before the deadline.
“Every eligible Floridian that was impacted by Hurricane Ian should apply for assistance,” FDEM Director Kevin Guthrie said in a released statement. “There are many programs that survivors may be eligible for but aren’t aware of because they either haven’t applied or their applications are incomplete. Now is the time to get all the necessary documents together and apply for assistance before next week’s deadline.”
FEMA assistance can include money for temporary housing, such as hotel costs or rental payments, funds to pay for repairs to a home or personal property, as well as money for moving, storage and health care.
Residents in Brevard, Charlotte, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Lake, Lee, Manatee, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns and Volusia counties are eligible.
Applications can be found on the FEMA website or by calling (800) 621-3362 or using the FEMA app.
He loves gay people
Rep. Webster Barnaby says he doesn’t understand why gay, lesbian and transgender people in Florida feel under attack.
Barnaby was reacting to DeSantis’ inaugural address, calling it an inclusive speech, when reporters pressed him on Republican policies around LGBTQ issues and families.
“I love gay people. God bless our LGBTQ community god bless our diverse community. I think it was wrong to think that we as Republicans did not like the gay community, the LGBTQ community,” he said. “I’m telling you, Webster Barnaby, I love the gay community. I love my LGBTQ community and we just believe that families need to be defended.”
DeSantis has used his broad administrative powers to limit access to gender affirming care, essentially keeping the issue out of the legislative arena.
State health care regulators last summer amended Florida’s Medicaid rules to preclude reimbursement for gender affirming care for people of all ages. The ban is in effect but is being challenged in federal court.
Moreover, Florida’s medical boards have, at the behest of the DeSantis administration, agreed to fast track changes to their “standard of care” rules to limit gender-affirming care for transgender children.
The Board of Medicine has proposed an amendment to ban gender affirming care for children altogether. The Board of Osteopathic Medicine has proposed a change that would allow children to continue to receive the care so long as they agree to participate in studies at state universities.
“That may be an area that needs vigorous debate. We always find a consensus after having vigorous debate,” he said, noting that the medical board rules had not yet gone into effect.
Cash infusion
Independent Colleges and Universities of Florida is lauding the disbursement of more than $4.3 million in state funding to bolster nursing programs at seven of the state’s independent, nonprofit higher education institutions.
The Linking Industry to Nursing Education (LINE) funding was set aside by lawmakers during the 2022 Legislative Session to combat the state’s nursing workforce shortage. The money going to ICUF institutions represents a portion of the $79 million shipped to postsecondary nursing programs this week.
The LINE program and a related program known as PIPELINE were approved after a 2021 analysis of the state’s nursing workforce released by the Florida Hospital Association and the Safety Net Hospital Alliance of Florida shows the state will need about 60,000 additional nurses over the next 15 years.
“Florida is experiencing a severe shortage of nurses, and Florida’s independent colleges and universities are best suited to respond to market needs and fill the gap. We are grateful to Governor Ron DeSantis and the Florida Legislature for investing in Florida’s health care workforce through ICUF schools,” said Bob Boyd, President and CEO of ICUF.
“Last year, ICUF institutions across the state produced 3,600 nursing degrees, ranging from associate degrees to doctoral. With the LINE funding, we’re able to expand on this success, preparing more students for a career in nursing.”
ICUF institutions receiving funding include AdventHealth University ($574,445), Barry University ($949,214), Florida Southern College ($120,000), Jacksonville University ($350,000), Nova Southeastern University ($1,762,621), Palm Beach Atlantic University ($500,000) and the University of Miami ($75,000).
Fab four
Lewis Longman & Walker announced the election of four new shareholders: Seth Behn, Julia Jennison, Kathryn Rossmell and Robert Angus Williams.
“We are thrilled to announce these new shareholders,” said Michelle Diffenderfer, President and shareholder of LLW. “This group exemplifies LLW’s commitment to delivering the best in client service through leadership, expertise, and legal advocacy.”
Behn’s practice focuses on land use, environmental law and governmental affairs. He assists clients with complex land development matters and helps them navigate through the government approval processes. With a background in Urban Planning, his work often focuses on zoning entitlements, riparian rights, and real estate.
Jennison’s practice focuses on water resource, environmental and real property law. She is the Vice Chair of LLW’s Land Use & Real Estate Law Practice Group and assists clients with obtaining state and federal environmental resource and mitigation bank permits, state water use permitting issues, and in all aspects of complex real estate transactions.
Rossmell’s practice focuses on land use, environmental, local government and natural resources law. She represents private clients on land use matters, including comprehensive planning issues and land development regulation application, drafting and implementation. She also represents public and private clients on natural resources permitting issues and clients challenging and defending National Environmental Policy Act (NEPA) compliance.
Williams has extensive experience in environmental, land use, agricultural law, zoning, permitting, administrative matters and business and real estate transactions. He previously served as General Counsel of the Florida Department of Environmental Protection. He is a Martindale Hubbell AV Preeminent Peer Review Rated attorney, is listed in Best Lawyers in America and is a Florida Supreme Court Certified Circuit Mediator.
Capitol Directions
Inauguration — Crossways arrow — It was a top-notch party, but Genie+ should be standard on a six-figure ticket package.
Casey DeSantis — Up arrow — Just being compared to Jackie O is an honor, and she deserved it.
Wilton Simpson — Up arrow — James Wiggins will be missed at OALE, but it’s in good hands with Lee Adams at the helm.
Ian Fury — Down arrow — DeSantis probably didn’t know he was living rent free in this guy’s head, but he is.
Christina Pushaw — Down arrow — Oh, so now she learns restraint?
Joseph Ladapo — Down arrow — UF faculty could’ve saved the effort. UCLA told us years ago.
State University System — Down arrow — Working with José Oliva is about as appealing as smoking a second-rate cigar.
Dave Kerner — Up arrow — Kissing the ring has its benefits.
Spencer Roach — Prayer hands — Get well soon, Rep.
Nurses — Up arrow — We’ll be getting a lot more of them — $79 million worth.
Vets as teachers — Crossways arrow — It’s a good idea on paper, but it’s basically still on paper.
Brendan Leslie — Up arrow — It’s simple: Thrash former Rep. Blackface, get an up arrow.
Florida Democrats — Down arrow — *Dave Chapelle voice* “What can we say about FDP that hasn’t been said about Afghanistan? It looks bombed out and depleted.”
Disney — Down arrow — The Governor neither forgives nor forgets.
New College — Crossways arrow — It’s still its own university, but “Hillsdale of the South” is a verbal emetic.
Ballard Partners — Up arrow — The Eagle has landed.
Bill Cotterell — Up arrow — We’re glad you’re back but give us a few more weeks to miss you next time.
