Hello and welcome to Wednesday.

State vs. Leon — In his battle over Covid-19-related mandates, Gov. Ron DeSantis and his administration used a law passed last spring by the Florida Legislature to levy a $3.57 million fine against Leon County because local officials imposed a vaccine requirement on county employees.

Here’s the problem — Top Republicans who backed the law are refusing to endorse this novel legal interpretation by the DeSantis administration.

Let’s walk through this — The GOP-controlled Legislature crafted their bill in response to a pandemic that triggered new restrictions and requirements on how state and local government must respond to future pandemics. Weaved into the legislation was a ban on “vaccine passports” — a move to prevent businesses and local governments from forcing customers or people using their services from having to provide proof they'd been vaccinated.

Evolution — Right after the bill was passed, DeSantis said the legislation had nothing to do with employers mandating that their employees get vaccinated. Flash forward a few months. The administration has now come up with the argument that part of the new law says you can’t bar access to government buildings based on vaccination status and that applies to government employees — and hence mandates for government employees are illegal.

Legislative intent? — House Speaker Chris Sprowls said on Tuesday that legislators passed the bill because they found it “appalling” that sports venues and entertainment outlets would ask for vaccine documentation before people could attend events. As for local governments, he said, “we couldn’t allow local government to limit people who were trying to interact with their government from entering the building.” So what about vaccine mandates for government workers? Sprowls said he did not support vaccine mandates for public employees but said, “I would have to look at that language.”

And here’s more — State Sen. Danny Burgess, who was the prime sponsor of the vaccine passport bill, also similarly sidestepped whether he thought his legislation included ban on vaccine mandates. “I haven’t read the language in months,” he said, and added “If [the DeSantis administration is] saying that, I would defer to them.” When pressed about it since he was the sponsor Burgess agreed the “primary mission” was to go after vaccine documentation. “We all know the devil is in the details. Without having looked at it I can’t exactly weigh in on it.”

Why this is important — The question of legislative intent is one that becomes relevant if the battle between the DeSantis administration and Leon County winds up in court. It’s also relevant if the governor is bending the law to fit his political motives.

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

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The daily rundown — The Centers for Disease Control and Prevention said that there were 2,122 Covid-19 infections on Monday. The U.S. Department of Health and Human Services reported that 2,852 beds were being used in the state for Covid-19 patients. The Florida Hospital Association reported Tuesday that 12.4 percent of adult patients in intensive care units are infected with Covid-19.

SHHH — “DeSantis won’t say if he’ll get Johnson & Johnson COVID-19 vaccine booster,” by Orlando Sentinel’s Steven Lemongello: “Gov. Ron DeSantis is not saying whether he will get a booster shot for the Johnson & Johnson COVID-19 vaccine he received in the spring, a spokesperson said. It’s also unknown whether he will hold any events at vaccination sites to promote the boosters.”

NUMBER ONE — “‘Hundreds, if not thousands of lives saved’: Puerto Rico leads nation’s vaccination rates,” by El Nuevo Herald’s Syra Ortiz-Blanes: “Puerto Rico has the highest percentage of fully vaccinated people against coronavirus in the United States, according to the U.S. Centers for Disease Control and Prevention, a milestone celebrated by local officials, who hail the island’s vaccination campaign as a success. 'This means hundreds, if not thousands of lives saved,' said Daniel Colón Ramos, president of the coalition of scientists that offers Gov. Pedro Pierluisi public policy recommendations on the pandemic.”

FALLOUT — “The other vaccine issue: Routine childhood shots post ‘alarming’ decline during pandemic,” by Orlando Sentinel’s Skyler Swisher: “Another public health problem is looming in Florida that has been overshadowed by the COVID-19 pandemic — falling immunization rates for preventable childhood diseases. Pediatricians are worried that pandemic disruptions and vaccine politicization could threaten progress made against measles, whooping cough and other illnesses once thought to be nearly eradicated, said Dr. Lisa Gwynn, president of the Florida Chapter of the American Academy of Pediatrics.”

— “Child-abuse charges dropped against Fort Lauderdale anti-mask protester,” by Sun Sentinel’s Austen Erblat

— “Judge rejects husband’s attempt to force hospital to use ivermectin to treat COVID,” by Palm Beach Post’s Jane Musgrave

THE T FACTOR — “Republicans don’t want to talk about Trump unless they’re on the campaign trail,” by HuffPost’s Igor Bobic: “Last week, [Sen. Rick] Scott even invited [former President Donald] Trump to address GOP senators at a donor retreat in Palm Beach, Florida, otherwise known as Trump’s backyard, where the former president continued to spout false allegations of election fraud. The reason why isn’t surprising: Trump remains overwhelmingly popular among Republican voters despite his role in the Jan. 6 insurrection. And in terms of money, the strategy appears to be working. In the third quarter of the year, the NRSC hauled in over $25 million. ‘What I’m trying to do is make sure we win elections,’ Scott said Tuesday when asked about the NRSC using Trump’s image to raise funds.”

PARNAS TRIAL UPDATE — “Former Trump super PAC official testifies at trial of Giuliani associate,” by POLITICO’s Josh Gerstein: A top fundraiser for a major pro-Trump super PAC testified at a criminal campaign finance trial on Tuesday that he thought that hundreds of thousands of dollars donated to Republican political groups in 2018 by Lev Parnas was legal to accept at the time it came in. Joseph Ahearn, who served as finance director of America First Action, testified as a defense witness at the federal trial of Parnas, a Florida businessperson and an associate of Rudy Giuliani, in New York after prosecutors scratched him from their witness list.

FIRST IN PLAYBOOK — A science advocacy group that has backed Democrats is launching new digital ads against Gov. Ron DeSantis and five other Republican governor and gubernatorial candidates for refusing to “condemn dangerous, anti-science conspiracy theorists” who are targeting school board members and students. 314 Action, a 501 (c) (4) organization, says these ads are part of a larger $10 million campaign for the current 2022 cycle. The ad targeting DeSantis includes footage of a woman who called Lee County school board members “demonic entities” at a discussion about school mask mandates. “Ron DeSantis can’t be the best leader for Florida if he won’t stand up and condemn this dangerous, anti-science behavior we’re seeing at school board meetings in his own backyard,” 314 Action communications director Alexandra De Luca.

GREEN RUSH — “Trulieve gives $250K to Florida pot legalization campaign," by POLITICO’s Arek Sarkissian: A Florida campaign to legalize marijuana in next year’s election has received a $250,000 contribution from the state’s largest medical cannabis company, breathing life into a campaign that organizers said was stymied by years of subpar fundraising efforts. The Tampa-based Sensible Florida Inc. political committee wants voters to approve an amendment on next year's midterm ballot that would legalize marijuana and homegrown pot plants. On Tuesday, the committee’s chair, Michael Minardi, said the $250,000 contribution made by the Tallahassee-based Trulieve would finally give Sensible Florida the tools to successfully place legalization before voters in 2022.

BLACKOUT — “Florida cable companies won’t air abortion ad bashing Disney, others,” by Tampa Bay Times’ Kirby Wilson: “The Democratic group was already running digital ads about abortion in Florida. But last week, they planned to run the cable spot in Tallahassee, Tampa and Orlando as part of its 'Corporate Accountability Action' project. On Friday, the group was told local cable providers had declined to run it. The activists had tried to place the commercial via the interconnect, a process that allows advertisers to make one purchase with a large cable company to reach the subscribers of multiple providers. In Tallahassee, Comcast was the company that declined to air the ads for the market. In Tampa and Orlando, Spectrum said no.”

PUSHED BACK — “Hearing in Artiles case delayed 2 months, state says investigation is ‘ongoing,’” by Miami Herald’s Samantha J. Gross: “Lawyers for former state Sen. Frank Artiles, who faces several felony charges for allegedly recruiting and paying an acquaintance to run in a state senate race, said they have been trying to take sworn depositions of law enforcement officers involved in the case but have not received 'lead agent reports' from the state attorney’s office. Tim VanderGiesen, a public-corruption attorney in the Miami-Dade State Attorney’s Office, attributed the delay to 'voluminous' discovery documents and an ongoing investigation into other aspects of the candidate scheme.”

FOR YOUR RADAR — In a roundup of recent congressional fundraising news, 24-year-old Maxwell Alejandro Frost raised the most amount among candidates running for Florida’s 10th Congressional District, a seat held by Rep. Val Demings. Frost, who was an organizing director for March for Our Lives, raised more than $169,000 in the past quarter even though he didn’t join the race until mid-August. That’s more than other Democrats in the race, including state Sen. Randolph Bracy and former State Attorney Aramis Ayala. Bracy, however, has raised nearly $273,000 since jumping into the race in late May and more than $241,000 cash on hand.

— “Seminole Tribe pushes ‘don’t sign petition’ message for gambling initiatives,” by Florida Politics’ Scott Powers

INCOMING — “Passidomo set to become Florida’s next Senate president,” by POLITICO’s Gary Fineout: The next Republican in line to lead the Florida Senate warned on Tuesday that GOP legislators must do everything they can to keep the state from following the path of California, a land of “dying dreams” where “something went terribly wrong.” Sen. Kathleen Passidomo (R-Naples) was officially designated as the leader of the Florida Senate Republican caucus, a position that will make her leader of the chamber after current President Wilton Simpson (R-Trilby) leaves his post in 2022.

On deck — During her brief remarks, Passidomo did not delve into culture wars, or other hot topics that have been among the main themes for Florida Republicans lately. Instead, she returned to a long-standing GOP talking point that Florida is a counterweight to California, which is under complete control of Democrats. Passidomo talked about the need to keep energy prices affordable and to keep the state attractive to retirees and other transplants. She also pledged to do more to bolster the state's affordable housing programs.

CHANGE STILL NEEDED — “Parents of brain-injured kids tell Florida: Thanks for reforms but we need more help,” by Miami Herald’s Carol Marbin Miller and Daniel Chang: “Florida parents steered into a controversial compensation program for children with severe brain injuries told state investigators they often were treated like ‘liars’ and ‘fraudsters’ from whom administrators needed “to protect themselves.” Administrators of the program ‘react to any request as if we are trying to commit fraud,’ one parent told investigators. ‘It’s very disheartening to need something for your child, ask for that thing, and then be treated as if you’re a liar or worse for asking.’”

GENTLE GIANTS — “Florida lawmakers receive update on deaths of nearly 1,000 manatees,” by POLITICO’s Hannah Farrow: Two main reasons manatees are dying in such high numbers are starvation and limited access to warm water sites along the Indian River Lagoon and St. Johns River, according to Melissa Tucker, Florida Fish and Wildlife Conservation Commission’s habitat and species conservation division director. “There are not enough seagrasses that are available to the manatees,” Tucker said at the State Affairs Committee on Tuesday. The lack of seagrass is partly due to harmful algal blooms in which the sunlight cannot reach the bottom to help seagrass grow. Brevard County is “in a death spiral,” state Sen. Thad Altman (R-Indialantic) said at the hearing. Due to brown algae blooms, 90 percent of the county’s seagrass has died, causing the manatees to eat the root structure of the plant, “which will create a permanent loss of grasses.”

— “Top House health care budget write calls $118 million technology overhaul request a ‘little excessive,’” by Florida Politics’ Christine Jordan Sexton

‘STANDS ALONE IN HIS COMPLETE DEFIANCE’ — “House Jan. 6 committee votes to hold Bannon in contempt,” by the Washington Post’s Jacqueline Alemany, Tom Hamburger and Spencer S. Hsu: “Lawmakers on the House select committee investigating the Jan. 6 attack on the Capitol unanimously voted in support of holding Stephen K. Bannon in contempt on Tuesday. The seven Democrats and two Republicans tasked with investigating the insurrection all supported the resolution recommending that the House find the former adviser to Donald Trump in criminal contempt of Congress for refusal to comply with a subpoena issued by the committee.”

‘It was not a close call at all’ — Florida Rep. Stephanie Murphy, a member of the select committee, went on CNN on Tuesday night where she said “this committee means business. And nobody is above the law. So we are going to use criminal contempt to respond to his lack of willingness to work with us.” Murphy also suggested that Bannon’s “defying” of the House subpoena shows that he has something to hide. “Our democracy is at stake at this moment. If people believe that it is ok to try to overturn a fair and free election through the use of political violence than our democracy is at real risk.”

REPORT: MIGRANTS SENT TO NORTH FLORIDA — “Biden secretly flying underage migrants into NY in dead of night," by New York Post’s Miranda Devine, Jack Morphet, Kevin Sheehan, Christopher Sadowski and Bruce Golding: “Later Saturday, a similar scene began playing out in Jacksonville, Fla., where many of the flights from Texas have touched down before continuing on to Westchester — and where The Post saw a Boeing 737-700 land shortly after 10 p.m. at Jacksonville International Airport. As local cops stood by, a group of between 10 and 15 people wearing matching white baseball caps and carrying duffel bags got off the plane and onto a charter bus near a dormant cargo terminal.”

Destination — “After a two-hour ride, the group arrived around 1 a.m. Sunday at the Twin Oaks Academy, a juvenile detention center in the Apalachicola National Forest near Tallahassee, where staffers were waiting to open a gate topped with barbed wire. Republican Florida Gov. Ron DeSantis expressed outrage at The Post’s findings, with a spokeswoman saying: ‘If the Biden Administration is so confident that their open-border policy is good for our country, why the secrecy? Why is the Biden Administration refusing to share even the most basic information about illegal alien resettlement in communities throughout our state and the entire country?’ spokeswoman Christina Pushaw said.”

ON BRAND — “Florida ports can help USA’s holiday shipping backlog, DeSantis says in Jacksonville,” by Florida Times-Union’s Steve Patterson: “With ships backed up waiting to make deliveries at many seaports, Gov. Ron DeSantis visited Jacksonville Tuesday to tout the state’s ports being ready to serve frustrated shippers. ‘“Our ports operate 24/7. … We’re here. We have capacity,’ DeSantis said during a media event with port executives aiming to lure new customers as the holiday season closes in.”

SCENES FROM A TERRIBLE DAY — “NAS Pensacola terrorist attack video released giving first glimpse inside chaos on base,” by Pensacola News Journal: “Nearly two years after a terrorist took the lives of three sailors and injured eight others in an attack onboard Naval Air Station Pensacola, the Escambia County Sheriff's Office released a series of dashcam videos from the morning of Dec. 6, 2019. The videos provide the first inside look of the day a self-radicalized terrorist, an NASC flight student from Saudi Arabia, opened fire on his fellow sailors, sending bullets ricocheting throughout the storied hallways of Building 633.”

— “As missionaries remain hostage, U.S. has few options to deal with Haiti’s violence crisis,” by Miami Herald’s Jacqueline Charles and McClatchy D.C.’s Michael Wilner

— “Effort to replace Hillsborough School mascots is stalled, parent leader says,” by Tampa Bay Times’ Marlene Sokol

BIRTHDAYS: state Rep. Anthony Sabatini … Tom Flanigan, program director for news at WFSU Public Media … Russell W. Galbut, attorney and real estate developer

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