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Court decision undercuts Gov. DeSantis election-fraud prosecutions, sends issue to state Supreme Court

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A state appeals court has overturned the conviction of Nathan Hart, one of the first Floridians arrested by Gov. Ron DeSantis’ election police unit in 2022, ruling that state prosecutors never had proper authority for the case.

The Second District Court of Appeal found that the Office of Statewide Prosecution (OSP) lacked jurisdiction to charge Hart because his alleged crimes occurred only in Hillsborough County, not across multiple judicial circuits as the law required at the time. Judges reversed his conviction for falsely affirming that he was eligible to vote during the 2020 presidential election and ordered the case dismissed.

Hart, of Gibsonton, was among 19 people arrested in 2022 during a sweep that DeSantis touted as a crackdown on voter fraud. The arrests followed creation of the Office of Election Crimes and Security, which was established following claims by President Donald Trump and other Republicans that widespread voter fraud marred the 2020 election.

Hart was among defendants who registered to vote after Florida voters approved a 2018 constitutional amendment automatically restoring voting rights for many felons who had completed their sentences. The amendment, however, excluded people convicted of murder or sexual offenses.

Hart had been convicted in 2006 of lewd and lascivious molestation, meaning his rights were not automatically restored. He registered to vote outside a Department of Highway Safety and Motor Vehicles office and later cast a ballot in the 2020 election. A jury last year acquitted him of knowingly voting illegally but found him guilty of lying on his voter registration form.

In its Nov. 7 ruling, the appellate panel said the statewide prosecutor overstepped its constitutional limits because Hart’s actions occurred entirely within Hillsborough County, according to court records. That meant the case should have been handled by the local state attorney, not by the statewide prosecutor.

“Manifestly, the crimes alleged against Hart occurred in but one circuit,” Judge Chris Northcutt wrote in the decision. “As such, they were insufficient to confer jurisdiction on the OSP.”

The decision conflicts with earlier appellate rulings in State v. Hubbard and State v. Miller, two South Florida cases in which other district courts upheld similar prosecutions. The Second District’s opinion instead aligned with a recent Washington ruling from the Sixth District, which held that statewide prosecutors could not pursue single-circuit offenses. Because of the split, the court certified the issue to the Florida Supreme Court.

That question is already before the justices. In Terry Hubbard v. State of Florida, now pending before the high court, defense attorneys argue that constitutional language only grants the OSP jurisdiction over crimes “occurring in two or more judicial circuits.”

State lawmakers have since expanded the office’s powers to allow statewide prosecution of election crimes, even if alleged offenses occur in a single circuit, but those changes did not apply to Hart’s case because the State never invoked the new statute against him. Attorneys in the Hubbard case argue that any legislative attempt to broaden that authority would exceed the limits voters approved when they created the office, according to court records from both cases.

Nearly three years after the 2022 arrests, the results remain mixed. Of the 19 people arrested, one had his case dismissed outright, nine accepted plea deals, and one defendant has since died, as of August. Eight others are awaiting decisions from the Florida Supreme Court while it considers two cases, Hubbard and Robert Lee Wood v. State of Florida.

Hart remains the only defendant from the original roundup found guilty by a jury, though that conviction has now been vacated.

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Florida Politics Reporter Jacob Ogles contributed reporting to this article.



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Debra Tendrich turns ‘pain into policy’ with sweeping anti-domestic violence proposal

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Florida could soon rewrite how it responds to domestic violence.

Lake Worth Democratic Rep. Debra Tendrich has filed HB 277, a sweeping proposal aimed at modernizing the state’s domestic violence laws with major reforms to prevention, first responder training, court safeguards, diversion programs and victim safety.

It’s a deeply personal issue to Tendrich, who moved to Florida in 2012 to escape what she has described as a “domestic violence situation,” with only her daughter and a suitcase.

“As a survivor myself, HB 277 is more than legislation; it is my way of turning pain into policy,” she said in a statement, adding that months of roundtables with survivors and first responders “shaped this bill from start to finish.”

Tendrich said that, if passed, HB 277 or its upper-chamber analogue (SB 682) by Miami Republican Sen. Alexis Calatayud would become Florida’s most comprehensive domestic violence initiative, covering prevention, early intervention, criminal accountability and survivor support.

It would require mandatory strangulation and domestic violence training for emergency medical technicians and paramedics, modernize the legal definition of domestic violence, expand the courts’ authority to order GPS monitoring and strengthen body camera requirements during investigations.

The bill also creates a treatment-based diversion pathway for first-time offenders who plead guilty and complete a batterers intervention program, mental-health services and weekly court-monitored progress reporting. Upon successful completion, charges could be dismissed, a measure Tendrich says will reduce recidivism while maintaining accountability.

On the victim-safety side, HB 277 would flag addresses for 12 months after a domestic-violence 911 call to give responders real-time risk awareness. It would also expand access to text-to-911, require pamphlets detailing the medical dangers of strangulation, authorize well-check visits tied to lethality assessments, enhance penalties for repeat offenders and include pets and service animals in injunctions to prevent coercive control and harm.

Calatayud called it “a tremendous honor and privilege” to work with Tendrich on advancing policy changes “that both law enforcement and survivors of domestic abuse or relationship violence believe are meaningful to protect families across our communities.”

“I’m deeply committed to championing these essential reforms,” she added, saying they would make “a life-or-death difference for women and children in Florida.”

Organizations supporting HB 277 say the bill reflects long-needed, practical reform. Palm Beach County firefighters union IAFF Local 2928 said expanded responder training and improved dispatch information “is exactly the kind of frontline-focused reform that saves lives.”

The Florida Police Benevolent Association called HB 277 a “comprehensive set of measures designed to enhance protections” and pledged to help advance it through the Legislature.

The Animal Legal Defense Fund praised provisions protecting pets in domestic violence cases, noting research showing that 89% of women with pets in abusive relationships have had partners threaten or harm their animals — a major barrier that keeps victims from fleeing.

Florida continues to see high levels of domestic violence. The National Coalition Against Domestic Violence estimates that 38% of Florida women and 29% of Florida men experience intimate-partner violence in their lifetimes — among the highest rates in the country.

With costs rising statewide, HB 277 also increases relocation assistance through the Crimes Compensation Trust Fund, which advocates say is essential because the current $1,500 cap no longer covers basic expenses for victims fleeing dangerous situations.

Tendrich said survivors who contributed to the bill, which Placida Republican Rep. Danny Nix is co-sponsoring, “finally feel seen.”

“This bill will save lives,” she said. “I am proud that this bill has bipartisan support, and I am even more proud of the survivors whose bravery drives every line of this legislation.”



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Ash Marwah, Ralph Massullo battle for SD 11 Special Election

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Even Ash Marwah knows the odds do him no favors.

A Senate district that leans heavily Republican plus a Special Election just weeks before Christmas — Marwah acknowledges it adds up to a likely Tuesday victory for Ralph Massullo.

The Senate District 11 Special Election is Tuesday to fill the void created when Blaise Ingoglia became Chief Financial Officer.

It pits Republican Massullo, a dermatologist and Republican former four-term House member from Lecanto, against Democrat Marwah, a civil engineer from The Villages.

Early voter turnout was light, as would be expected in a low-key standalone Special Election: At 10% or under for Hernando and Pasco counties, 19% in Sumter and 15% in Citrus.

Massullo has eyed this Senate seat since 2022 when he originally planned to leave the House after six years for the SD 11 run. His campaign ended prematurely when Gov. Ron DeSantis backed Ingoglia, leaving Massullo with a final two years in office before term limits ended his House career.

When the SD 11 seat opened up with Ingoglia’s CFO appointment, Massullo jumped in and a host of big-name endorsements followed, including from DeSantis, Ingoglia, Agriculture Commissioner Wilton Simpson, U.S. Sens. Ashley Moody and Rick Scott, four GOP Congressmen, county Sheriffs in the district, and the Florida Chamber of Commerce.

The Florida LGBTQ+ Democratic Caucus is endorsing Marwah.

Marwah ran for HD 52 in 2024, garnering just 24% of the vote against Republican John Temple

Massullo has raised $249,950 to Marwah’s $12,125. Massullo’s $108,000 in spending includes consulting, events and mail pieces. One of those mail pieces reminded voters there’s an election.

The two opponents had few opportunities for head-to-head debate. The League of Women Voters of Citrus County conducted a SD 11 forum on Zoom in late October, when the two candidates clashed over the state’s direction.

Marwah said DeSantis and Republicans are “playing games” in their attempts to redraw congressional district boundaries.

“No need to go through this expense,” he said. “It will really ruin decades of progress in civil rights. We should honor the rule of law that we agreed on that it’ll be done every 10 years. I’m not sure why the game is being played at this point.”

Massullo said congressional districts should reflect population shifts.

“The people of our state deserve to be adequately represented based on population,” he said. “I personally do not believe we should use race as a means to justify particular areas. I’m one that believes we should be blind to race, blind to creed, blind to sex, in everything that we do, particularly looking at population.”

Senate District 11 covers all of Citrus, Hernando and Sumter counties, plus a portion of northern Pasco County. It is safely Republican — Ingoglia won 69% of the vote there in November, and Donald Trump carried the district by the same margin in 2024.



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Miles Davis tapped to lead School Board organizing workshop at national LGBTQ conference

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Miles Davis is taking his Florida-focused organizing playbook to the national stage.

Davis, Policy Director at PRISM Florida and Director of Advocacy and Communications at SAVE, has been selected to present a workshop at the 2026 Creating Change Conference, the largest annual LGBTQ advocacy and movement-building convention.

It’s a major nod to his rising role in Florida’s LGBTQ policy landscape.

The National LGBTQ Task Force, which organizes the conference, announced that Davis will present his session, “School Board Organizing 101.” His proposal rose to the top of more than 550 submissions competing for roughly 140 slots, a press note said, making this year’s conference one of the most competitive program cycles in the event’s history.

His workshop will be scheduled during the Jan. 21-24 gathering in Washington, D.C.

Davis said his selection caps a strong year for PRISM Florida, where he helped shepherd the organization’s first-ever bill (HB 331) into the Legislature. The measure, sponsored by Tampa Democratic Rep. Dianne Hart, would restore local oversight over reproductive health and HIV/AIDS instruction, undoing changes enacted under a 2023 expansion to Florida’s “Parental Rights in Education” law, dubbed “Don’t Say Gay” by critics.

Davis’ workshop draws directly from that work and aims to train LGBTQ youth, families and advocates in how local boards operate, how public comment can shape decisions and how communities can mobilize around issues like book access, inclusive classrooms and student safety.

“School boards are where the real battles over student safety, book access, and inclusive classrooms are happening,” Davis said. “I’m honored to bring this training to Creating Change and help our community build the skills to show up, speak out, and win — especially as PRISM advances legislation like HB 331 that returns power to our local communities.”

Davis’ profile has grown in recent years, during which he jumped from working on the campaigns and legislative teams of lawmakers like Hart and Miami Gardens Democratic Sen. Shevrin Jones to working in key roles for organizations like America Votes, PRISM and SAVE.

The National LGBTQ Task Force, founded in 1973, is one of the nation’s oldest LGBTQ advocacy organizations. It focuses on advancing civil rights through federal policy work, grassroots engagement and leadership development.

Its Creating Change Conference draws thousands for four days of training and strategy-building yearly, a press note said.



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