A federal judge dismissed a lawsuit challenging Gov. Ron DeSantis’s (R-FL) law to dissolve Disney’s special governing and tax district.
Three residents of Orange and Osceola counties claimed S.B. 4-C, the law that eliminates Disneys’ special tax district, threatens with higher taxes, limits free speech, and violates a contractual obligation.
William Sanchez, a Miami lawyer and Senate Democrat candidate, filed the suit last week.
U.S. District Court Judge Cecilia Altonaga ruled there were many reasons to dismiss the lawsuit, including the lack of standing over state issues.
Anltonaga wrote that the residents “do not plausibly allege they have suffered any concrete injury as a result of the alleged violation of Disney’s First Amendment rights, and nothing in the Complaint shows Plaintiffs have a close relationship with Disney.”
The judge also dismissed claims that dissolving the Disney corporate carveout, otherwise known as the Reedy Creek Improvement District, would limit free speech:
Far from it: Plaintiffs expressly allege that they “expect Disney and the State of Florida to litigate this matter for a significant period of time[.]” That fact alone warrants dismissal. See, e.g., Harris, 20 F.3d at 1124–25 (holding that case must be dismissed for lack of jurisdiction because plaintiff failed to show that non-parties whose First Amendment rights were allegedly violated faced hindrance in asserting their rights).
Another notable exception to the general principle that a party may not sue for violations of others’ constitutional rights applies in the First Amendment context. But that exception relaxes traditional standing requirements only when a litigant asserts a claim of First Amendment overbreadth. Plaintiffs assert no such claim here. They instead allege what is in essence a First Amendment retaliation claim on Disney’s behalf. And First Amendment retaliation claims do not qualify for watered-down third-party standing standards.
Altonaga also said that none of the plaintiff’s claims were “ripe” because the legislation does not take effect until July 2022.
In reaction to the ruling, Sanchez promised to refile another challenge on behalf of the plaintiffs by next week.
“This is just the beginning of the battle, as we are attempting to achieve justice for Florida taxpayers,” Sanchez said in a statement.
DeSantis and Florida state legislators pushed for the legislation to strip Disney of its special corporate carveout after the megacorporation opposed DeSantis’s Parental Rights in Education Act. This also comes as Disney promised to inject inject “many, many, many LGBTQIA characters in its stories.”
Ron DeSantis / Rumble
Gov. DeSantis vowed in late April that Floridians would not have to pay for Disney’s debt. He said that dissolving Disney’s carveout was in reaction to the megacompany injecting “pansexualism” into its programming for younger audiences and attacking Florida parents.
The case is Michael Foronda v. Ron DeSantis in the U.S. District Court for the Southern District of Florida.
Sean Moran is a congressional reporter for Breitbart News. Follow him on Twitter @SeanMoran3
The process moves slowly but is a critically important element of the trial.
From 200 potential jurors called to appear in Katherine Magbanua’s retrial for her alleged role in the 2014 murder or Dan Markel, prosecutors and defense attorneys selected about 60 on Tuesday to interview in greater detail.
One by one, Judge Robert Wheeler asked jurors to disclose if they had any personal relationships with individuals listed as witnesses, and from there, prosecutor Georgia Cappleman and defense attorneys Tara Kawass and Chris DeCoste took turns asking more pointed questions.
Cappleman’s questions related to people’s backgrounds, including experiences with the justice system and crime, while the defense wanted to know if jurors expected his client to take the stand and reminded jurors that their job is to presume her innocence unless proven otherwise.
Of the initial 21 who were individually questioned, 13 were excused. Another batch was brought in, and as of 4:45 p.m., the legal teams were still deciding which jurors would remain. But by 5:30 p.m., final jurors were selected.
“Seven men, seven women selected,” tweetedJeff Burlew with the Tallahassee Democrat.
“We officially have a jury in Katherine Magbanua’s retrial. Jury selection took a full two days,” tweetedJada Williams of ABC27.
The process moves slowly but is a critically important element of the trial. Opening statements are expected to begin Wednesday morning.
In the meantime, here’s a few things to think about.
Prior jurors spoke out, perhaps influencing what attorneys are focused on this time
In 2019, Magbanua’s trial ended in a hung jury, reportedly with a vote of 10-2 in which one juror was particularly opposed to conviction. At the same time, Magbanua’s co-defendant Sigfredo Garcia was convicted of first-degree murder and sentenced to life.
What was on jurors’ minds as they deliberated? Which pieces of evidence were most compelling, and how did they perceive the credibility of various witnesses?
Sometime after the trial, two jurors spoke, including one who voted against conviction, and one who was frustrated by this outcome. You can hear their accounts here and here.
Witness lists clarified
Jurors will hear testimony from dozens of witnesses, including multiple officers with the Tallahassee Police Department, FDLE, and the FBI; neighbors who had heard the gunshot and encountered Dan Markel immediately after he was shot; a surgeon and the medical examiner; friends of Magbanua and her co-defendants; Luis Rivera, who confessed to his role in the murder and shared why they did it and how they were paid (in stapled cash); Markel’s ex-wife Wendi Adelson, who Rivera claims the murder was done on behalf of; Charlie Adelson’s ex-girlfriend, who in prior statements attested to Charlie’s safe full of stapled cash; former employees of the Adelson Institute, where Magbanua claims to have worked; a local man who encountered Garcia and Rivera during their two visits to Tallahassee and who “believe it!” was a fan favorite during the 2019 trial, if there is such a thing; and many more.
What’s as notable as who is on the witness list is who is not. In January, Magbanua’s defense team added four members of the Adelson family to their witness list — Charlie, who is now incarcerated and accused of Markel’s murder; Wendi and Donna — who were both named as co-conspirators by the state but who have not been arrested; and Harvey, the patriarch. While Wendi will appear as a state witness and will be given the limited immunity that such a subpoena confers, no Adelson family members will appear as a defense witness. All would be expected to invoke their Fifth Amendment rights, which is improper for a jury to hear.
Internet chatter ramps up
The Markel murder has been a hot topic for eight years in online circles, with engagement ramping up on Twitter with various hashtags including #danmarkel and #justicefordanmarkel, and on WebSleuths, Facebook, and increasingly, on Reddit.
One frequent commenter, Fanci Fiction, makes art out of tragedy and engages with case watchers on Twitter. Why? The answer may be simple. According to the channel’s YouTubebio, “Murder is wrong.” And on Twitter, “Y’all mind if I hate murder?”
Fanci Fiction’s videos hit across the board, with themes on Magbanua defense strategy; key pieces of intrigue or evidence such as Charlie’s peculiar use of stapled cash; code words used by conspirators; Wendi Adelson’s decision to change the last name of Dan’s children from Markel to Adelson, her drive-by the crime scene, and her bizarre inability to spell “Jibbers” on the stand despite having had Markel stored in her phone under that name; Charlie’s phone call with the undercover FBI agent; and more.
___
Florida Politics is providing daily coverage of Magbanua’s retrial for the 2014 murder-for-hire of FSU law professor Markel. The case has drawn international media attention to Florida’s capital city, and we’ll share with readers the top things to watch for and discuss as proceedings unfold. Our reporting will draw from many sources, including contributor Karen Cyphers of Sachs Media, who with attorney Jason Solomon advocate with the grassroots group, Justice for Dan, to draw attention to this case and provide analysis of relevance to Florida’s political, advocacy, and legal communities.
‘Frankly, the litigation landscape in Florida is making it untenable for some of these (reinsurance) investors to agree to allocate capacity to Florida.’
Three different property insurance companies asking state regulators to approve rate increases cited similar reasons during hearings Tuesday: more roof claims, higher reinsurance costs and the threat of more lawsuits related to the jump in claims.
“We’ve seen many more roof claims with much higher costs,” said Florida Farm Bureau Insurance Company vice president Ben Kimmons.
Florida Farm Bureau is asking the Office of Insurance Regulation to approve a 48.7% rate increase for its 63,135 residential property insurance policies. The vast majority of those policies, 62,169, are homeowners policies.
The company has two types of coverages, standard and preferred. If regulators approve the request, the 23,906 standard policies would see a statewide average increase of $1,200 per year in their premium, up to $3,701. The 38,263 preferred policies would see an average annual increase of $952, to $2,867.
Kimmons said the company is planning to cancel 7,600 policies with roofs older than 20 years as roof-related claims have soared in the last three years.
The complaint is a familiar one for lawmakers, who are poised to return to the Capitol next week for a Special Session aimed at stabilizing the property insurance market. Two companies have gone bankrupt, four have announced plans to cancel more than 120,000 policies, other insurers are seeking large rate hikes and one ratings agency has said downgrades are possible for some companies if lawmakers don’t take action this summer.
Gov. Ron DeSantis called lawmakers back to address some of the issues affecting insurers, including roof claims and litigation expenses.
But previous attempts by the Legislature to solve issues driving up claims and costs might not be having the intended effect.
Regulators asked executives with some of the companies to explain how legislation passed two years ago attempting to reduce the practice of assignment of benefits, or AOB, where a homeowner will sign their claim benefits over to a contractor who will do the repairs and work the claim with the insurer, is affecting their rates.
Many said the law is having little effect or it’s too early to say.
Bob Aaron, vice president of personal insurance product management at First Floridian Auto and Home Insurance Company, said lawyers and roof contractors are finding ways to get around the AOB law. That means they’re unlikely to take advantage of a provision allowing companies to offer lower rates to customers who take policies prohibiting the assignment of benefits.
“It may just wind up in a premium drain as you will have similar sets of customers being represented,” Aaron said.
First Floridian is seeking a rate increase of 23% for its homeowners policies. For its 10,180 customers with preferred policies, they’ll see an average $352 rate increase, to $1,913, if the rate hike is approved. The 3,097 homeowners with standard policies will receive an average rate hike of $440, to $2,258.
Another factor in higher rates is reinsurance.
Angel Conlin, CEO of KIN Interinsurance Network, said many reinsurers simply don’t want to enter the Florida market.
“Many of the concerns we’re hearing is, frankly, the litigation landscape in Florida is making it untenable for some of these investors to agree to allocate capacity to Florida,” Conlin said.
She made the donation to Jorge Fors Jr. before Fors filed to run against her husband.
Republican Rep. Demi Busatta Cabrera added $10,000 in April with help from several political committees across Florida to defend her seat representing a southeastern portion of Miami-Dade County in House District 114.
She also spent more than $4,000 last month. Of that, $1,000 went toward a donation to the campaign of Coral Gables City Commissioner Jorge Fors Jr.
That’s notable because Fors later filed to challenge Busatta Cabrera’s husband, Kevin Marino Cabrera, and three other candidates for the soon-to-be-open seat representing District 6 on the Miami-Dade County Commission.
Busatta Cabrera confirmed Tuesday she has since rescinded that donation.
“I already asked for a refund for that contribution,” she told Florida Politics.
As of April 30, Busatta Cabrera had close to $223,000 between her campaign account and political committee, People Above Politics. That’s nearly $100,000 less than she has raised since filing to fundraise for re-election in December 2020.
She received donations from four political committees in April. Tampa-based Floridians for Senior Caregave the biggest, through two checks totaling $3,500.
The lobbying arm of Metro Dade Firefighters Local 1403 gave $1,000. So did political committees associated with Fleming Island Republican Rep. Sam Garrison, who is on track to be House Speaker in 2026, and Putnam County Republican Rep. Bobby Payne.
Peter H. Collins, co-founder and managing principal of Tampa-based Forge Capital Partners donated $2,500.
Bellaire Bluffs lawyer Jennifer Wilson, one of three Republicans running for the open House District 59 seat, chipped in $1,000.
About 15 people, including several fellow lawyers, gave Benna checks last month of between $25 and $500. Pinecrest Village Council member Anna Hockhammer donated $100. Former state Rep. and Pinecrest Mayor Cindy Lerner gave the same.
Benna also gave himself $1,250 in April. He has loaned his campaign $3,250 since filing to run in January.
His biggest donation was a $2,000 check from Florida for Everyone, a political committee chaired by Raymond Paultre. Paultre is the executive director of the Florida Alliance, a secretive group of high-value Democratic donors.
Benna spent less than $2,000. More than half of that covered voter research costs. Another $500 went to political consultant P.J. Campbell, who until last month worked as Benna’s finance director, according to his LinkedIn page.
HD 114 covers part of Miami-Dade’s southern coast, including parts of Palmetto Bay, Pinecrest and a sizable chunk of Coral Gables.
Busatta Cabrera won office in November 2020 with more than 54% of the vote.
Candidates faced a May 10 deadline to report all campaign finance activity through the end of April.