| | | | |  | | By Gary Fineout | Hello and welcome to Friday. For your radar — In a case that could shape Florida's political landscape over the next decade, a judge may soon give Gov. Ron DeSantis something that previous governors have not had. Squaring off — Lawyers representing the governor as well as the Florida Legislature spent 90 minutes in a Leon County courtroom on Thursday arguing over what evidence and discovery should be allowed in a lawsuit challenging the state's new congressional map. Context — That map — which was largely created by the governor and then passed by the Legislature — dismantled Rep. Al Lawson's north Florida congressional seat and is expected to deliver Republicans up to four more seats that could go a long way in helping the GOP retake the House. The groups suing over the map, including the League of Women Voters of Florida and Equal Ground, are trying to get the case decided in time for the 2024 elections. What they wanted — Lawyers initially sought to depose DeSantis, as well as deputy chief of staff Alex Kelly, the main architect of the map, ahead of any trial. They also asked the governor's office for documents and communications, including those with outside parties such as the Republican National Committee, about the map. This is important because Florida law says redistricting maps cannot be drawn in a way to help political parties. The ask — Getting DeSantis to testify was always going to be a long shot — and in fact the lawyers for the groups dropped that request ahead of Thursday's hearing. But lawyers for the DeSantis administration sought a broad "protective order" meant to shield Kelly from questioning and the office from turning over some information. A new day — That "protective order" request contended that the governor has both "executive privilege" and "legislative privilege" when it comes to carrying out his duties. Why is this noteworthy? Because Florida courts have never recognized that the governor has any such power of executive privilege. It's also an interesting argument to assert the office enjoys the same legal protections afforded to state legislators. Questions — During the hearing, Circuit Judge J. Lee Marsh, who was appointed by then-Gov. Rick Scott, sounded skeptical about some of the points. Marsh repeatedly asked Mohammad Jazil, a private attorney representing the governor and the secretary of state, where in the "text" of the Florida Constitution the governor was conferred "legislative privilege." At one point Marsh also inquired as to whether allowing DeSantis to draw up the final map was an "unlawful delegation of power" by the Legislature to the governor. Another noteworthy moment: Jazil told Marsh there was no communication between the governor's office and the RNC over the drawing of the map. Response — Christina Ford, one of the attorneys for the groups suing, however, asserted that they needed the ability to depose Kelly and gain additional documents to determine if "everything was on the up and up" and whether the map was drawn up to help Republicans. Stay tuned. — WHERE'S RON? — Gov. DeSantis will hold a press conference in Fort Myers with Department of Education Senior Chancellor Jacob Oliva. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com
| | | | NEW AND IMPROVED POLITICO APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. With a fresh look and improved features, the sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don't miss out on the app you can rely on for the news you need, reimagined. Already a POLITICO app user? Upgrade today! DOWNLOAD FOR iOS – DOWNLOAD FOR ANDROID . | | | | | |  | CAMPAIGN MODE | | MY SHOT — " Democrats are trying to sway Hispanic voters before election. Enter Lin-Manuel Miranda ," by Miami Herald's Grethel Aguila: "Lin-Manuel Miranda stood in a Coral Gables courtyard. The walls behind him read 'Censorship leaves us in the dark,' with a list of banned books printed in black paint. 'You may be wondering, why is Lin-Manuel Miranda in front of a bookstore in Florida on a Thursday?' he quipped, his tone shifting seconds later. 'Well, the reality is what happens in Florida affects the rest of the United States.' On Thursday morning, Books & Books hosted a Latino Victory voting rally featuring Miranda, the songwriter, actor, producer and director best known for the Broadway musicals 'Hamilton' and 'In the Heights.'" | 
Lin-Manuel Miranda speaks as Florida state Senator Annette Taddeo, right, listens during a rally held by the Latino Victory Fund, Thursday, Oct. 20, 2022, in Coral Gables, Fla. The midterm elections are November 8. (AP Photo/Lynne Sladky) | AP | FOR YOUR RADAR — " Judge refuses to block Florida's petition gathering law ," by News Service of Florida's Dara Kam: "A federal judge on Thursday refused to issue a preliminary injunction to block a 2019 law that bans workers gathering petitions for ballot initiatives from being paid based on the number of signatures they collect, saying plaintiffs waited too long to ask for the law to be put on hold. The law, passed by the Republican-dominated Legislature and signed by Gov. Ron DeSantis, made it a crime to continue a longstanding practice of paying petition gatherers based on the number of signatures they collect. Experts have said the changes doubled the cost of getting initiatives on the ballot." IN THE LEAD — " How do Florida voters feel about DeSantis' migrant flights? A new poll weighs in ," by Miami Herald's David Smiley: "About half of Floridians likely to vote in the midterm elections are on board with Ron DeSantis' migrant flights, according to a new poll that suggests the governor is cruising to reelection. Conducted Oct. 10 – 13, the online poll of 685 likely voters found that 52% are voting for DeSantis, who with mail-voting underway has a 10-point lead over Charlie Crist (42% support). With Election Day looming on Nov. 8, only 6% of likely voters have yet to firmly decide on Crist or DeSantis, according to the poll." — " Debate with DeSantis could be Crist's last shot in Florida governor's race ," by Orlando Sentinel's Steven Lemongello REQUEST — " Voter rights advocates press DeSantis to expand voting access in all hurricane-affected counties ," by USA Today Network-Florida's Douglas Soule: "Gov. Ron DeSantis last week signed an executive order providing flexibility for elections officials in three Florida counties affected by Hurricane Ian. But voter rights groups and advocates say more needs to be done and are calling on the governor to extend that flexibility to all 26 counties the Federal Emergency Management Agency has designated for individual hurricane assistance." BY THE NUMBERS — Nearly 948,000 people have voted by mail ahead of the Nov. 8 election, according to the latest information on the state Division of Elections website. Of those, 397,495 have come from Democrats and 363,101 have come from registered Republicans. Overall, there are nearly 3.28 million mail ballots that have been requested but not yet returned. Of those, more than 1.45 million are held by Democrats and nearly 1.03 million are with Republicans. — " After Parkland shooting, Rubio vowed to support law raising minimum age to buy assault-style rifle. Now he opposes it ," by South Florida Sun-Sentinel's Anthony Man — " 3 takeaways from Laurel Lee, Alan Cohn debate for Florida's 15th district ," by Tampa Bay Times' Romy Ellenbogen — " Rubio said someone could blow up a ballot drop box, ignoring safe track record ," by PolitiFact's Yacob Reyes and Amy Sherman — " DNC chair Jaime Harrison, Nikki Fried rally Charlie Crist supporters ," by Florida Politics' A.G. Gancarski — " Trump-backed Republican faces 'caring Karen' Democrat in Congressional District 7 ," by Orlando Sentinel's Skyler Swisher — " Gov. DeSantis' presence at Republican fundraiser draws protests by progressive advocacy groups ," by WUFT's Elise Plunk — "' This is Florida under Ron DeSantis': Charlie Crist ad lambastes Gov. over incest report ," by Florida Politics' Renzo Downey — " Rick Scott: Senate Republicans have path to 55-seat majority ," by The Hill's Alexander Bolton
| | ...HURRICANE HOLE... | | GOING BACK TO TALLY — " DeSantis announces special legislative session to fix Florida's insurance industry ," by POLITICO's Bruce Ritchie and Gary Fineout: Gov. Ron DeSantis on Thursday said Florida legislative leaders agreed to hold a special session after the Nov. 8 election and before the end of the year to address the state's crumbling property insurance industry, an issue with increased urgency in the aftermath of Hurricane Ian. During an event in Fort Myers, DeSantis also said the Legislature will provide property tax rebates to areas affected by the catastrophic storm, which left more than 100 people dead and destroyed some coastal communities. On board — The governor said incoming House Speaker Paul Renner and Senate President Kathleen Passidomo had indicated they were "ready, willing and able" to get the property insurance market "on a stable footing." Response — Former Gov. Charlie Crist, now a Democrat who is trying to win back the governor's mansion, responded to the special session announcement by calling DeSantis the "worst property insurance governor in Florida history, period." "No one believes that Ron will finally do the right thing and fix his broken insurance market in his last month in office," Crist said in a press release. THE TOLL — " Ian killed more Floridians than most recent major hurricanes. Its indirect death count could reach the thousands ," by South Florida Sun-Sentinel's Shira Moolten: "The death toll from Hurricane Ian is currently at 112 and still rising, making it the deadliest hurricane to hit Florida since 1935. Even as rescue teams pack up and return home, the number of those missing dwindling to single digits, the toll continues to climb. The vast majority — more than 70 — of those deaths are still the drownings that occurred amid the storm surge and flooding Ian unleashed across the state. … But the deaths that keep inching the toll upward are now the indirect ones: the heart attacks and suicides, the infections and injuries, and the inability to receive vital medical services." — " Florida KidCare premiums can be waived for some, but not all, enrollees in Hurricane Ian's path ," by Florida Politics' Christine Jordan Sexton
| | | | JOIN WOMEN RULE THURSDAY FOR A TALK WITH DEPARTING MEMBERS OF CONGRESS: A historic wave of retirements is hitting Congress, including several prominent Democratic women such as Illinois Rep. Cheri Bustos, House Democrats' former campaign chief. What is driving their departures? Join POLITICO on Oct. 27 for "The Exit Interview," a virtual event that will feature a conversation with departing members where they'll explain why they decided to leave office and what challenges face their parties ahead. REGISTER HERE . | | | | | | | ... DATELINE TALLAHASSEE ... | | DEAL REACHED — " Walmart to pay $215 mln to settle Florida opioid claims ," by Reuters' Brendan Pierson: "Walmart Inc has agreed to pay $215 million to resolve claims its pharmacies fueled an epidemic of opioid addiction in Florida, the state's attorney general announced on Thursday. As part of the deal, Walmart has also agreed to dispense 672,000 treatment kits with the anti-overdose drug naloxone to first responders in the state. 'I'm grateful for Walmart stepping up and agreeing to partner with the state to provide law enforcement and first responders with much-needed naloxone,' Attorney General Ashley Moody said in a statement." Included in the fine print — In the agreement reached between the state and Walmart , the retailer denies all allegations of wrongdoing and the settlement even states that the "Office of the Attorney General concluded based on objective data metrics that Walmart dispensed many fewer opioids per store and in dosages that were substantially lower than the other major chain pharmacies and independent pharmacies in Florida." The agreement also contained this clause: "Any press release or other public statement concerning this settlement agreement will describe it positively and will not disparage any other party." WHAT'S IN YOUR WALLET? — Florida schools still struggling to meet the state's teacher salary deadlines , by POLITICO's Andrew Atterbury: Dozens of Florida school districts missed the state's deadline this year for finalizing their plans to boost teacher salaries, something that is proving to be a lingering issue for the Board of Education. Some 41 of Florida's 75 school districts and lab schools have yet to submit any teacher pay plans to the Department of Education despite an Oct. 1 deadline spelled out in state law, according to a new report presented Thursday to the board during a two day meeting in Orlando. This comes after delays in seven school districts stretched until May last year, frustrating board members who want to see the state carry out a significant priority of Gov. Ron DeSantis and the Legislature. — " Ron DeSantis profile: The Florida governor with White House buzz ," by BBC News' Bernd Debusmann Jr.
| | CORONAVIRUS UPDATES | | DECLARATION — " DeSantis says Florida won't mandate Covid-19 vaccines for kids following CDC panel's recommendation ," by POLITICO's Arek Sarkissian: Gov. Ron DeSantis on Thursday said Florida will not mandate Covid-19 vaccines for children following a federal panel's recommendation that allows such vaccines to be added to the routine schedule of immunizations for kids and adults. Florida's GOP-controlled Legislature, at the governor's urging, had previously banned the state's surgeon general from mandating vaccines during a health emergency. "We will make sure that your freedom to make those decisions on behalf of your kids remains intact in the state of Florida, regardless of what the CDC does," DeSantis said during a press conference in Fort Myers.
| | PENINSULA AND BEYOND | | 'NOT THE ANSWER' — " Val Demings says she is against deploying troops to Haiti, and for the Cuba embargo ," by Miami Herald's Bianca Padro Ocasio: "U.S. Rep. Val Demings said Thursday she does not support military intervention in Haiti amid one of the country's worst health and security crises in decades, as Haitian officials and U.N. leaders call for the deployment of a multinational force to combat gangs in the Caribbean nation. When asked during a meeting with members of the Miami Herald Editorial Board if she believed U.S. involvement in Haiti should 'include troops in some form,' Demings, who is running for U.S. Senate, replied that was "not the answer." | 
U.S. Rep. Val Demings, D-Fla., waves to the audience after her televised debate with U.S. Sen. Marco Rubio, R-Fla., at Duncan Theater on the campus of Palm Beach State College in Palm Beach County, Fla., Tuesday, Oct. 18, 2022. | Pool Photo by Thomas Cordy | 'THEY ARE THE BEST AT WHAT THEY DO' — " Moms for Liberty pays $21,000 to company owned by founding member's husband ," by The 74's Jo Napolitano: "Moms for Liberty, one of the fastest-growing and most recognized conservative parent advocacy groups in the nation, paid $21,357 to a company owned by the husband of one of its founding members, campaign finance records show. The group doled out the money to Microtargeted Media, founded by Christian Ziegler, a current Sarasota County commissioner and vice chairman of the Florida GOP, in late August. Moms for Liberty was founded by three people, Tina Descovich, Tiffany Justice and Bridget Ziegler, Christian's wife, who served as its director through February 2021." — " Florida governor's election could determine fate of highly debated Rodman dam ," by Florida Times-Union's David Bauerlein and Hanna Holthaus — " North Lauderdale commissioner accused of improperly accepting, using cash in 2020 election ," by South Florida Sun-Sentinel's Lisa J. Huriash — " Fed agent killed at gun range was shot by fellow agent in role-play scenario, sources say ," by Miami Herald's Charles Rabin and David Ovalle — " South Florida man charged with voter fraud after he registered using fake birth certificate, record says ," by South Florida Sun-Sentinel's Angie DiMichele — " 2022 Python Challenge removes over 200 invasive Burmese pythons ," by WPEC's Skyler Shepard
| | ODDS, ENDS AND FLORIDA MEN | | — " Ivanka and Jared are seen checking out their new digs in Miami's Billionaire's Bunker ," by Miami Herald's Madeleine Marr: "Checking under the hood. Ivanka Trump and Jared Kushner's ginormous mansion on Indian Creek Island, off Miami Beach, is nearing completion. The Daily Mail's shutterbugs snapped pics of the pair Tuesday while they were walking around their future dream home, a fixer-upper that's still being renovated. Two of their kids, Arabella, 11, and Theodore, 6, were in tow on scooters." WELCOME TO THE WORLD — Christina Noel, director of media relations at API and a Marco Rubio alum, and Rob Noel, president of Washington Writers Network and also a Rubio alum, on Monday welcomed Max Robert Noel, who came in at 9 lbs. and 20.5 inches. BIRTHDAYS: Florida Supreme Court Justice Jorge Labarga … Jonathan Uriarte , Hispanic media director for Senate Majority Leader Chuck Schumer ... Matthew Pinzur, senior vice president and chief marketing officer at Jackson Health System (Saturday) State Sen. Jim Boyd … Chris Doolin of Christian B. Doolin & Associates (Sunday) State Rep. Patricia Williams … Former Sen. Mel Martinez | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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