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A gerrymandering fight, state-style

Good morning and welcome to Monday. A panel of three federal judges in Tampa this morning will kick off the next round of litigation involving redistricting. But this isn't your garden variety lawsuit. This case doesn't involve the congressional map pushed into law by Gov. RON DESANTIS that sparked lawsuits, but instead focuses on a state Senate district in the Tampa Bay area and whether it constitutes an illegal racial gerrymander. Senate District 16 — represented now by Democratic state Sen. DARRYL ROUSON — crosses the bay to link Black neighborhoods in both Hillsborough and Pinellas counties despite no bridge directly connecting them. This map was approved by the Legislature (including a unanimous vote in the state Senate and a split vote in the state House) and signed off on by the state Supreme Court in March 2022. But in a lawsuit filed last year by a handful of residents represented by the American Civil Liberties Union of Florida and another legal organization, they assert the Legislature could have created districts that did not cross the bay. But instead the Senate — which controlled this part of redistricting — intentionally packed Black voters into Rouson's district so there would be less Black voters in another Pinellas-based district. Lawyers for the state Senate and Secretary of State CORD BYRD did succeed in getting the case narrowed somewhat, but the weeklong trial is moving ahead. The state's core argument is that they used 'objective' redistricting criteria to come up with the district. And while the Legislature acknowledged the racial composition of the district, it was done to make sure it did not 'diminish' the ability of minority groups to vote for a candidate of their choice. This is a requirement of Florida's voter-approved 'Fair Districts' standards. But that's far from everything that is going on. First, it's worth noting that lawyers for Byrd are trying yet again to raise questions about the legality of 'Fair Districts.' There's more though. Redistricting watchers may remember legal challenges that followed the 2012 round revealed that Republican consultants had found a way to influence the process despite the 'Fair Districts' ban on drawing districts to help incumbents or a particular party. This time around, lawyers for the state wound up getting hold of emails and text messages and direct messages that include the lead lawyer on the case for the ACLU and a well-known redistricting consultant. They also asked for — and got — emails and text exchanges between MATTHEW ISBELL and a long line of reporters for different press outlets including POLITICO. There is even a chance that reporters may be asked to testify. Isbell, who has been called as a witness by the state, declined to comment. In essence, the pushback from the state is that there was a clandestine effort to try to help Democrats — although some of the messages revealed dissatisfaction about whether lawmakers were doing enough. And attorneys for the state want ACLU attorney NICHOLAS WARREN to testify about this, even though he is the lawyer representing the plaintiffs in the case. (This generated a whole separate effort to sequester Warren during the trial.) The state says Warren held private meetings and emailed legislators and partisan House and Senate office staff regarding redistricting. In the pre-trial filing, lawyers for state Senate President BEN ALBRITTON wrote: 'The court should conclude that the Florida Senate's decision not to adopt Mr. Warren's preferred configuration of the Tampa Bay senatorial districts was not driven by prohibited racial considerations, but by its good faith efforts to comply with the Florida Constitution's prohibition on intentional partisan favoritism.' Lawyers for the people suing countered that the Senate could have done more to see if it could draw different districts and this is a 'post-hoc narrative.' In a May court filing, they argued 'defendants have presented no evidence and can elicit none at trial to show that at the time of redistricting the Senate actually rejected the concept of a Hillsborough-only configuration on the basis of partisan influence.' — Gary Fineout WHERE'S RON? Gov. DeSantis is doing a press conference in Crawfordville at 9:45 a.m. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget that Playbook should look at? Get in touch at: kleonard@ ... DATELINE TALLAHASSEE ... HOW THE BUDGET NEGOTIATIONS ARE GOING: The schedule: Appropriation Committee chairs worked on the state budget over the weekend but didn't wind up scheduling any public conference meetings. ED HOOPER and LAWRENCE MCCLURE will meet as early as 1 p.m. today. On education: 'State lawmakers made progress toward an education budget during negotiations [last] week, but Florida House and Senate leaders are still working out complex reforms proposed for the nation's largest school-choice program,' reports POLITICO's Andrew Atterbury. 'The Legislature is crafting a leaner-than-usual spending plan for the upcoming year, evident through smaller boosts being suggested for key needs like improving teacher pay and the possible scaling back of funding for top programs like Advanced Placement.' On Black history museum: 'House and Senate negotiators agreed to direct $1 million toward Phase 1 of the Florida Museum of Black History, which will be established in Northeast Florida,' reports Jacob Ogles of Florida Politics. 'Sen. Tom Leek pressed colleagues to locate the museum in his home district in St. Augustine earlier in the Legislative Session.' — 'Jewish lawmakers call out silence as antisemitic threats surge in Florida,' by James Call of USA Today Network — Florida. — 'Families scramble to pay for lawyers after ICE raid in Florida,' by Ana Goñi-Lessan of USA Today Network — Florida. 'ATTEMPT TO CHILL FREE SPEECH' — 'The Department of Children and Families has sent a cease and desist letter to an Orlando Sentinel reporter who has been digging into the Hope Florida scandal,' reports Gabrielle Russon of Florida Politics. 'Jeffrey Schweers, the Sentinel's Tallahassee bureau reporter, has broken some scoops regarding the embattled charity backed by Gov. Ron DeSantis and First Lady Casey DeSantis.' The Orlando Sentinel responds: 'Intimidation won't make the Sentinel back down on Hope Florida story.' STILL BLOCKED — The 11th Circuit Court of Appeals on Friday upheld a temporary block of Florida's immigration law that makes it illegal to enter the state while undocumented, reports David Smiley of the Miami Herald. Attorney General JAMES UTHMEIER had appealed the decision and a federal judge is still weighing whether to hold him in contempt over his handling of the law, given that he has appeared to undermine her order in a letter to law enforcement and in public comments (though no arrests have been made under the law since the judge's initial warning). — 'US citizens arriving at Florida airport report tense encounters with Customs,' reports Amanda Rosa of the Miami Herald. — 'Suspended Osceola sheriff must post $1 million bond on racketeering charges,' reports Cristóbal Reyes and Silas Morgan of the Orlando Sentinel. — 'Florida attorney general steps into Scientology land debate,' reports Colbi Edmonds of the Tampa Bay Times. PENINSULA AND BEYOND PAY SET — 'Florida A&M University trustees approved a $650,000 annual contract for its new president, Marva Johnson, on Friday amid hesitancy from the school's foundation board, which is responsible for coming up with most of the money,' reports POLITICO's Andrew Atterbury. 'The move essentially forces FAMU's foundation, filled with alumni opposed to Johnson's hire, to pay out all but $200,000 of her total contract after the fundraising board recently delayed a budget amendment surrounding the deal. Some trustees sided with frustrated alumni who objected to the school paying Johnson significantly more than the school's last president in an 8-3 vote — highlighting the remaining divisions in the FAMU community over its incoming leader and her ties to state Republicans.' — ''Some cry all day.' ICE detainees face harsh conditions in Miami federal facility,' reports the Miami Herald's Claire Healy, Syra Ortiz Blanes and Verónica Egui Brito. — 'Corporations pull back from LGBTQ Pride sponsorships, affecting South Florida events,' reports Anthony Man of the South Florida Sun Sentinel. — 'Appeals court OKs drag show rules in Naples, says issues different from Orlando Hamburger Mary's case,' reports Jim Saunders of News Service of Florida. CAMPAIGN MODE MOODY LOOKS SAFE FROM TRUMP CHALLENGE — 'Senior Trump political adviser Chris LaCivita is joining a super PAC bolstering Florida Sen. Ashley Moody in next year's midterm election,' reports Axios' Alex Isenstadt. 'LaCivita gives Moody, who has filled the seat formerly held by now-Secretary of State Marco Rubio, the imprimatur of support from President Trump's orbit.' TRUMPLANDIA AND THE SWAMP STARTING TODAY — 'What to know about Trump's travel ban,' from The New York Times' Isabella Kwai and Claire Moses. INTERNAL DISSENT— 'A Miami Republican who co-founded the group Latinas for Trump is condemning President Donald Trump's mass-deportation campaign and blasting recent immigration enforcement actions as harmful,' reports Syra Ortiz Blanes of the Miami Herald. State Sen. ILEANA GARCIA (R-Miami) said: 'This is not what we voted for. I have always supported Trump, through thick and thin. However, this is unacceptable and inhumane.' ERIC TRUMP CONSIDERS SATELLITE LOCATION FOR LIBRARY — 'Multiple sources said the land on Biscayne Boulevard, owned by Miami Dade College, is being eyed as a potential library site — with enough space to display the Boeing 747 jet that President Donald Trump secured for free from Qatar and may want to be a star feature of his post-presidential center,' reports the Miami Herald's Douglas Hanks. — 'Proud Boys leader Enrique Tarrio watches former DC cop who helped him get 18-month sentence,' reports POLITICO's Kyle Cheney. DATELINE D.C. FLOWER POWER — 'The U.S. Fish and Wildlife Service has proposed listing the ghost orchid, considered to be Florida's most famous flower, under the Endangered Species Act,' reports Mitch Perry of the Florida Phoenix. 'The ghost orchid is endemic to southwestern Florida and western Cuba. It is estimated that its population has declined by more than 90 percent around the world, and by up to 50 percent in Florida.' 'GRAVE PRIVACY RISKS' — 'The Department of Government Efficiency can have unimpeded access to sensitive Social Security records for millions of people, the Supreme Court ruled Friday,' reports POLITICO's Josh Gerstein. 'The justices granted the Trump administration's emergency request to lift a lower-court order that had blocked a DOGE team assigned to the Social Security Administration from viewing or obtaining personal information in the agency's systems.' BILL'S BACK — Sen. RICK SCOTT (R-Fla.) has reintroduced legislation that would allow people to deduct up to $10,000 in property insurance premiums from their tax bill, reports A.G. Gancarski of Florida Politics. TRANSITION TIME — Scott's former longtime chief of staff, CRAIG CARBONE, has joined Continental Strategy in DC as partner. 'Craig helped us win tough races on my campaign team for governor and then US Senate,' Scott said in a statement. 'He has been critical in our legislative success in the US Senate while managing our team with excellence. He is a tireless worker and I'm grateful for his service and leadership.' ODDS, ENDS AND FLORIDA MEN — 'Jimmy Buffett's widow sues in battle over $275 million estate,' per Derrick Bryson Taylor of The New York Times. BIRTHDAYS: The Associated Press' David Fischer … Karl Etters of Tall Timbers.