Legislative Update - April 1, 2022

The governor and Cabinet met on Tuesday for the first time since September. The governor, chief financial officer, attorney general and agriculture commissioner approved just under $40 million in land conservation deals that could save over 17,000 acres from development. The largest proposal included $10.6 million for a conservation easement on over 6,800 acres in Glades County. 

Judge Voids Parts of 2021 Election Law, Citing Racial Discrimination - A federal judge on Thursday struck parts of an expansive election law passed by lawmakers last year, finding that the new law put the right to vote "under siege," and required pre-clearance of any new law that affects the ability of Florida residents to cast a ballot. The court found the law, passed last year as SB 90 and signed by Gov. Ron DeSantis, discriminated against minority voters with its restrictions on third-party voter registration organizations, on the use of drop boxes, and on efforts to make voting easier, such as allowing groups to provide food and water to voters waiting in line. U.S. District Judge Mark Walker ordered future laws involving drop boxes, third-party voter registration and other specific issues to be approved by the court for the next 10 years. DeSantis said he had expected Walker would find against the law, and said the only question was not if the decision would be overturned on appeal but how quickly. House Speaker Chris Sprowls said the judge's ruling amounted to support of a "conspiracy theory," and was "an egregious abuse of  his power." Tampa Bay Times / Associated Press / CBS News / NBC News / Ruling in League of Women Voters v. Laurel Lee, NRSC and Republican National Committee 

Legislature to Try Again on Congressional Map After Promised DeSantis Veto - Lawmakers will return to Tallahassee April 19-22 to take another stab at drawing congressional districts that will be satisfactory to Gov. Ron DeSantis, who followed through Tuesday on a promise to veto the map the Legislature put forth (SB 102) during the regular session. "Our goal is for Florida to have a new congressional map passed by the Legislature, signed by the governor, and upheld by the court if challenged," Senate President Wilton Simpson and House Speaker Chris Spowls said in a joint statement. "Therefore, it is incumbent upon us to exhaust every effort in pursuit of a legislative solution." DeSantis had been clear he would veto the Legislature's proposal for new congressional districts because he believes it unconstitutionally gerrymanders the districts to make it likely that a Black candidate will win a seat in North Florida. DeSantis during the session proposed his own plan that would have eliminated two of the state's four large minority districts that are held by Black Democrats, U.S. Reps. Al Lawson of Tallahassee and Val Demings of Orlando. The governor has argued that a Florida requirement, put in place by voters, that new lines not diminish the ability of racial minorities to elect representatives of their choosing conflicts with newer federal requirements that limit racial gerrymandering that were the result of a 2017 North Carolina court case. The governor's veto of the redistricting legislation was his first of the session. USA Today Network / Orlando Sentinel / Florida Politics / Politico / CBS News / CNN / LobbyTools / Sprowls-Simpson Joint Statement  

“Gov. Ron DeSantis continues redistricting feud with GOP lawmakers by vetoing congressional map” via Mary Ellen Klas, Kirby Wilson and Lawrence Mower of the Miami Herald/Tampa Bay Times Tallahassee Bureau

Gov. Ron DeSantis on Thursday urged lawmakers to pass proposals for redrawing congressional districts that have come from his office to keep the courts from having to redraw the lines. Florida Politics

“With Florida’s congressional map vetoed by Gov. DeSantis, redistricting future remains uncharted” via Jacob Ogles of Florida Politics

Maps sought by Gov. Ron DeSantis would likely give Republicans a stronger advantage in the upcoming elections than those that were passed by legislative Republicans. New York Times

A special session could give lawmakers a chance to tackle other issues they couldn't agree on during the regular session, including how to deal with rising property insurance costs, or data privacy concerns. Gov. Ron DeSantis said as of now he's not prepared to add to the agenda beyond redistricting, but that expansion was "a possibility." Miami Herald

Lawmakers Seek Dismissal in Redistricting Case - Florida legislative leaders are asking a federal court to dismiss claims against them in a lawsuit over congressional redistricting. Attorneys for House and Senate leaders Tuesday filed a 20-page motion, arguing that the lawmakers are shielded from the claims. The motion came in a lawsuit filed this month on behalf of the groups Common Cause Florida and FairDistricts Now and voters in Leon, Gadsden, Orange, Lee and Miami-Dade counties. The lawsuit seeks to have a three-judge federal panel set U.S. House districts amid a dispute between the Legislature and Gov. Ron DeSantis about a new congressional map. DeSantis on Tuesday vetoed a congressional plan passed by lawmakers and scheduled a special session from April 19 to April 22 to draw new lines. The federal lawsuit names as defendants DeSantis; Secretary of State Laurel Lee; Senate President Wilton Simpson, R-Trilby; House Speaker Chris Sprowls, R-Palm Harbor; Senate Reapportionment Chairman Ray Rodrigues, R-Estero; Sen. Jennifer Bradley, a Fleming Island Republican who chairs the Senate Select Subcommittee on Congressional Reapportionment; House Redistricting Chairman Tom Leek, R-Ormond Beach; and Rep. Tyler Sirois, a Merritt Island Republican who chairs the House Congressional Redistricting Subcommittee. Tuesday’s motion focused, in part, on what is known as “absolute legislative immunity,” which is designed to shield lawmakers from lawsuits related to actions they have taken in the Legislature. “The complaint makes no allegations that the Florida legislators took any actions or inactions which fell outside their legislative duties that injured the plaintiffs,” the motion said. “Moreover, district courts have consistently applied the doctrine of absolute legislative immunity to protect state legislators in redistricting cases similar to this one.”

Lawmakers: Legislature Should Draw Congressional Maps, Not Courts - The chairmen of the legislative redistricting committees, Sen. Ray Rodrigues and Rep. Tom Leek, said it is important that lawmakers draw new congressional districts for Florida in the upcoming special session, rather than having them drawn by courts if they can't get the job done. "That map should be drawn by Floridians' elected representatives, not the courts or partisan interest groups," Leek said. "The Legislature takes this responsibility seriously." Florida Politics  

Voting rights advocates suing over Florida's congressional redistricting process are asking a federal appeals judge to recuse himself from the case because he previously worked as a lawyer representing the Florida House of Representatives the last time lawmakers redrew districts, and was involved at the time in arguments over the creation of the Fair Districts Amendments to the state constitution establishing rules for how districts must be drawn. Miami Herald

Florida, Other States, Sue to Block Federal Transportation Mask Mandate - Gov. Ron DeSantis said Tuesday that Florida will join 20 other states in suing the Biden Administration to overturn the federal requirement for masking on public transit and commercial airline flights. The lawsuit was filed in U.S. District Court in Tampa. Axios / Governor's Press Conference Video 

DeSantis Signs Bill to Ban Instruction Related to Sexual Orientation in Lower Grades - Gov. Ron DeSantis on Monday signed legislation that prohibits public school instruction on sexual identity or orientation in grades K-3. The bill (HB 1557), which opponents labeled the "Don't Say Gay" bill, is intended, according to the governor and other supporters, to guarantee parents' more control over what materials their kids are taught in school and how they're taught. "We will make sure that parents can send their kids to school to get an education, not an indoctrination," DeSantis said. The measure has drawn criticism from LGBTQ organizations, however, which have said it risks further marginalizing unconventional families and gay people generally. The measure lets parents who believe a teacher is violating the new rules sue school districts for damages and attorneys fees. It takes effect July 1. The law also will prohibit schools from keeping parents out of the loop when making decisions that affect students' mental or physical health in some cases. It also requires annual notification to parents of all health screenings offered to students, giving the parent the option to decline such services. And if a school or district violates a parent's request, the parent can sue. Opponents of the new law "support sexualizing kids in kindergarten," DeSantis said. "They support injecting 'woke gender ideology' into second grade classrooms. They support enabling schools to, 'transition,' students to a 'different gender,' without the knowledge of the parent, much less without the parent's consent." Tampa Bay Times-Miami Herald / Associated Press / Florida Phoenix / New York Times / NPR / Fox News / NBC News / WFTS / DeSantis Press Release 

“Gov. Ron DeSantis signs so-called ‘Don’t Say Gay’ bill” via Kirby Wilson and Jeffrey Solochek of the Tampa Bay Times — Surrounded by Republican legislators, the Governor signed House Bill 1557, called the “Parental Rights in Education” bill. The measure allows parents who believe a teacher is violating the rules to sue a school district for damages and attorneys’ fees. It takes effect July 1.

As initially filed, the legislation restricted “classroom discussion” about gender identity and sexual orientation. The bill’s language later changed to prohibit “classroom instruction by school personnel or third parties” about those topics in K-3 — or in older grades in a way that is not “age-appropriate or developmentally appropriate for students in accordance with state standards.”

The bill requires the state to update those standards by June 30, 2023. When asked Monday what “age-appropriate” means, Education Commissioner Richard Corcoran said his department would “work it out so that people have a clear understanding.”

Civil rights advocacy group Equality Florida announced it will sue to challenge the new law banning instruction regarding sexual orientation in grades K-3. Two LGBTQ members of the Legislature, Rep. Michele Rayner and Rep. Carlos Guillermo Smith, joined Equality Florida at a press conference to denounce the measure. Florida Politics

Opponents of 'Parental Rights' Law File Federal Legal Challenge - Opponents of a new Florida law prohibiting instruction in grades K-3 related to sexual orientation or gender identity have sued to block the law from going into effect. The measure (HB 1557), dubbed the "don't say gay" bill by opponents, was championed by Gov. Ron DeSantis, who signed it into law earlier this week. DeSantis said those who opposed the law "support injecting woke gender ideology into second-grade classrooms (and) support enabling schools to 'transition' students to a 'different gender' without the knowledge of the parent." The group Equality Florida and several individuals filed the lawsuit in federal court in Tallahassee seeking to have the law thrown out. USA Today Network / Associated Press / Equality Florida et al v. DeSantis

Disney opposes the new law that includes a provision prohibiting school instruction related to sexual orientation and says its goal "is for this law to be repealed by the Legislature or struck down in the courts." Florida Politics / Tampa Bay Times / CNBC / Forbes / Hollywood Reporter

U.S. Secretary of Education Miguel Cardona criticized the new law signed by Gov. Ron DeSantis on Monday as "part of a disturbing and dangerous trend across the country of legislation targeting LGBTQ students, educators, and individuals." Cardona said his agency will monitor implementation of the law, and urged parents whose kids are experiencing discrimination or harassment to file a complaint with the DOE's Office for Civil Rights. Miami Herald / WQCS / US DOE Press Release 

Democrats on Monday continued to criticize the new law that prohibits instruction on sexual orientation or gender identity. House Democratic Office Press Release / Sen. Lauren Book Press Release / Sen. Gary Farmer Press Release

Work Begins to Flesh Out School Sexual Orientation Law Details - The State Board of Education on Wednesday reviewed education-related legislation that lawmakers passed this session, including another increase in education funding in the budget that raises teacher salaries. Out of the 285 bills that passed, 42 dealt with education. One measure that made national headlines, a bill (HB 1557) banning instruction in lower grades related to sexual orientation, was signed into law by Gov. Ron DeSantis on Monday and now education officials are tasked with clarifying what age is appropriate for students to learn about sexual orientation and gender identity. In addition to prohibiting public school instruction on sexual identity or orientation in grades K-3, the measure requires such instruction above third grade to be "age-appropriate." State education leaders will have until August to figure it out and many believe the new law will be challenged in the courts. Wednesday's Board of Education meeting was also the last meeting for Education Commissioner Richard Corcoran, who is stepping down in April after three years on the job. WINK News / News4Jax

DeSantis: End Special Privileges for Disney, Other Companies - Gov. Ron DeSantis said Florida should reconsider any special privileges the law affords to Disney in response to the company's opposition to the governor's political agenda, including its criticism of a bill dealing with parental rights in education that opponents labeled the "don't say gay" bill. "We're certainly not going to bend a knee to woke executives in California," DeSantis said. "That is not the way the state's going to be run. So I would say, reevaluate any special privileges in the law." The governor specifically mentioned a bill he signed last year that targeted social media platforming that had a carve-out for theme park owners. "The one time they got something when I've been governor was that Big Tech carve-out," DeSantis said. "That was wrong at the time, and it should be repealed." Florida Politics

DeSantis Expects Legislature to Deal with Property Insurance this Year - The governor and Cabinet met on Tuesday for the first time since September and Gov. Ron DeSantis said he expects the Legislature to take action by the end of the year to deal with rising property insurance rates. Insurance issues weren't specifically on the agenda for the Cabinet, but the state insurance commissioner was questioned about skyrocketing rates. Although legislation seeking to resolve some property insurance issues failed this session, lawmakers did pass reform measures last year. But provisions addressing roofing fraud were struck down by the courts. Insurance Commissioner David Altmaier told Cabinet members that his agency is doing what it can in the meantime to combat fraud and rising costs, such as allowing companies the option to offer a roof deductible endorsement. DeSantis said more reform is needed, adding that in 2019, Florida accounted for 76% of the nation's property insurance lawsuits while producing 8% of all homeowners' claims. Altmaier said he wants to find more ways to reduce litigation while retaining the homeowners' right to sue. WFSU

Another Florida property insurer may have to be dissolved amid financial troubles. Tampa-based Lighthouse Property Insurance Corp. lost its financial stability rating, which means it will likely be placed under state receivership and dissolved, a ratings firm announced Wednesday. Sun-Sentinel / Insurance Journal

Lexington Insurance, an AIG company, is leaving the Florida homeowners market, leaving about 8,000 customers seeking new coverage. Insurance Journal

“DeSantis, Florida Republicans talk like they’re divorcing big business. Are they?” via Emily L. Mahoney and Langston Taylor of the Tampa Bay Times

“Gov. DeSantis says state’s top cop had ‘long run’ but now is time for change” via Christine Jordan Sexton of Florida Politics

Swearingen to Retire as Head of FDLE - Florida Department of Law Enforcement Commissioner Rick Swearingen announced on Friday that he will retire on Sept. 1. Swearingen has led the agency since 2014, following his appointment by former Gov. Rick Scott. Swearingen's exit comes shortly after Gov. Ron DeSantis signed a bill into law earlier this month that repeals the need for a unanimous Cabinet vote for some new state agency heads appointed by the governor, including the Department of Law Enforcement. The new law, SB 1658, instead allows only a majority vote by the Cabinet. Florida Politics / Miami Herald-Tampa Bay Times / Politico

Three finalists vie for top transportation job - The Florida Transportation Commission has sent to Gov. Ron DeSantis the names of three finalists to become secretary of the state Department of Transportation. The commission last week recommended Department of Transportation District Five Secretary Jared Perdue, former Miami-Dade County Transit Director Alice Bravo and Marcus Lemon, a former chief counsel for the Federal Highway Administration in the George W. Bush administration. [Source: News Service of Florida]

“Joseph Ladapo hiring violated UF procedures, faculty report says” via Kirby Wilson of the Tampa Bay Times — The University of Florida violated its own hiring procedures while bringing aboard Ladapo to a tenured position. The hiring of Ladapo, whom DeSantis picked last year to be the state’s surgeon general, did not adequately involve the input of faculty normally charged with reviewing a candidate’s application for tenure, the report found. It said that administrators accelerated Ladapo’s start date to accommodate DeSantis’ announcement that the doctor would become the state’s next surgeon general. And some faculty members felt Ladapo was the subject of “preferential treatment on the basis of his political opinions,” the report said.

Florida job growth continues to outpace nation - Florida continues to outpace the nation in job growth. Its workforce has expanded for 22 consecutive months. Its over-the-year private sector job growth rate has exceeded the nation’s for 11 consecutive months, since April 2021. Florida's unemployment rate has also been lower than the national rate for 15 consecutive months, declining or holding steady for 19 consecutive months. Florida’s unemployment rate fell in February to 3.3%, below the national rate of 3.8%, according to a new jobs report released by the state Department of Economic Opportunity. [Source: The Center Square]

“Meta survey: Florida businesses are up and running, but uncertainty is on the horizon” via Drew Wilson of Florida Politics — Two years into the pandemic, nearly nine out of 10 Florida businesses say they are up and running. That’s according to the latest Global State of Small Business Report produced by Meta, the social media company behind platforms such as Facebook and Instagram. The report recaps the economic impacts of the COVID-19 pandemic, including information on how businesses continue to adjust to uncertain conditions and how entrepreneurs are feeling about the future. Among Florida businesses surveyed by Meta, 87% say they are operational or engaging in revenue-generating activities, which is 9% higher than the national average.

“Gas prices slide down, but it may be temporary” via Scott Powers of Florida Politics

Florida gas prices drop, but downward trend may be coming to end -

https://www.clickorlando.com/news/local/2022/03/28/florida-gas-prices-drop-but-downward-trend-may-be-coming-to-end/

Active Atlantic hurricane season expected once again - Another above-normal Atlantic hurricane season could be coming at us. AccuWeather forecasters on Wednesday predicted 16 to 20 named storms this year, with six to eight becoming hurricanes. Three to five of the hurricanes are projected to have winds exceeding 111 mph, and four to six are forecast to directly impact the U.S. The forecast also gave a “high chance” of a system forming before the June 1 start of the season. More from the News Service of Florida, UPI, and Florida Today.

Health Care …

Alzheimer’s will increase 24% in Florida by 2025. Doctors, caregivers struggle to keep up - Florida has the second-highest number of Alzheimer’s patients over 65 after California: 580,000. But delayed diagnoses are fairly common. It’s hard to find specialists, and nearly 40% of primary care providers rarely feel comfortable diagnosing Alzheimer’s or other dementia, according to a 2019 survey from the Alzheimer’s Association. About 50% said they are ill-equipped to treat people with dementia. [Source: Orlando Sentinel]

Governor Gets Step Therapy, CPR Bills - Gov. Ron DeSantis received seven bills from the Legislature on Monday, including a bill (HB 1557) that bans classroom instruction on sexual orientation or gender identity in grades K-3, which was signed into law the same day. Other bills sent to the governor’s desk included legislation (HB 459) that allows patients to bypass step-therapy protocols in certain circumstances, a bill (HB 593) requiring 911 operators to complete CPR trainings every other year, a measure (HB 631) that allows the Department of Transportation to increase state funding for projects at small airports, and a bill (HB 855) that expands reporting requirements for federal information regarding Medicaid managed care plans. The governor also will consider a bill (HB 925) that would replace the London Interbank Offered Rate, or LIBOR, with the Secured Overnight Financing Rate, as the default interest rate determination mechanism for various types of debt, as well as a proposal (HB 1099) that would ban life insurance companies from discriminating against people who choose to be living organ donors. DeSantis has until Tuesday, April 12, to act on these bills. LobbyTools Governor's Activity / DeSantis Press Release 

Veto Watch is On for Budget Items - The inclusion in the health and human services section of the budget of more than $335 million in special projects has health care officials closely watching what Gov. Ron DeSantis does with his line item veto power. Projects ranging from an $80 million boost for the trauma center at Shands Jacksonville to under $100,000 for programs like the Naples Senior Center dementia support project are on the line as the governor considers the spending plan. Florida Politics

Campaign & Elections …

Republicans Widen Registration Lead - After overtaking Democrats last year, Florida Republicans have widened their lead in registered voters. Data posted on the state Division of Elections website showed that 5,135,377 voters were registered as Republicans as of Feb. 28, while 5,045,849 were registered as Democrats. That 89,528-voter advantage was larger than a 43,102-voter edge at the end of 2021. Democrats historically enjoyed a lead in registered voters, though Republicans have controlled almost all of state government for the past two decades. Florida also has seen a steadily increasing number of voters not registered as Republicans or Democrats, with 3,847,814 people registered without party affiliation as of Feb. 28, according to the Division of Elections.

“Will DeSantis pick a Jacksonville Senator?” via A.G. Gancarski of Jax Today — Imagine you’re Clay Yarborough, a current state representative who thought the next campaign was all set. A win’s a win, and if you were Yarborough, you were set for yet another victory, just like the two terms on City Council, including the presidency, and just like the three terms in the House. You were going to the Senate because leadership wanted you there. You may ask yourself why the Governor is picking winners and losers in Senate primaries. None of the players are talking right now. At least not to me. But this Senate situation will be one to watch in the next week or two, to see what develops and how it ultimately affects the rest of the map.

“Joe Harding returns Disney campaign contributions” via Kelly Hayes of Florida Politics

Special Notes …

Chris Clark is taking over as Chief Executive Officer of the Florida Medical Association, effective Friday.

Clark has worked for FMA since 2014, most recently serving as the senior vice president of public affairs for the nearly 150-year-old association, which represents physicians statewide.

Before joining FMA, Clark worked as Chief of Staff to Senate President Don Gaetz, as the governmental affairs director for the Florida Department of Corrections, and as legislative affairs director for The Florida Lottery, among other positions.

His political experience also includes serving as a special assistant to then-candidate Jeb Bush in 1997 and as a personal assistant to Bush during his time as Governor. In 2018, Clark took a brief leave from the FMA to serve as Director of Recruiting for Governor-elect Ron DeSantis’ Transition Team and then returned to the FMA.

William Andrew Renner was born to Speaker-Designate Paul Renner and his wife, Adriana. William arrived at 8 lbs., 2 oz.; mom and dad are both well and “grateful to God for this new blessing.” Congratulations and all the best to the Renner family.