Legislative Update - May 16, 2022

Last week was an interesting one in Tallahassee.  Secretary of State Laurel Lee resigned, and Governor DeSantis named Rep. Cord Byrd as her replacement.  Two State Representatives have decided to not to seek re-election but for different reasons.  Rep. Ramon Alexander, the incoming Democratic Leader, has a sexting allegation against him so he decided not to run again.  It will be interesting to see who will take his place as the next leader.  Rep. Amber Mariano, a popular Republican member from Pasco County, decided she wanted to spend more time with her family and ended her run for office.

Governor DeSantis signed the state’s largest tax cut bill last week.  People will be able to take advantage of several sales tax holidays over the next several months.

Redistricting wars continue - A Leon County Circuit Court judge on Wednesday threw out the state’s new congressional map drawn by Gov. Ron DeSantis and approved by legislators, ordering a new map drawn by a Harvard expert to be put in place.

Judge Layne Smith found DeSantis’ map unconstitutional under the Fair Districts Amendment of the Florida Constitution “because it diminishes the African Americans’ ability to select the representative of their choice.”  Little more than an hour after the judge’s temporary injunction, the state launched an appeal to the Tallahassee-based First District Court of Appeal that put the ruling on hold. That effectively means the ruling will be on hold until the appeals court makes a decision about the temporary injunction.

June 1 is the official start of hurricane season, but we are already seeing activity.  The National Hurricane Center is tracking the first tropical wave of 2022.  If it forms into a hurricane, it will be named Alex.

Below are articles about the issues mentioned above and more …

Laurel Lee Resigning as Secretary of State, Expected to Seek Congressional Seat - Florida Secretary of State Laurel Lee submitted her resignation Thursday to Gov. Ron DeSantis, leaving her post as Florida's top election official amid reports that she plans to run for a Tampa-area congressional seat. Lee, a Republican, was appointed secretary of state by DeSantis in 2019. She is a former assistant federal prosecutor and circuit judge in Hillsborough County, and the wife of former Senate President Tom Lee. Lee has generally won praise from both Democrats and Republicans for the way elections have gone during the time she has been the state's top election official. The 2020 election received bipartisan acclaim for going off largely problem-free. "Over the past 20 years, Florida has become one of the best states in the nation at administering elections, and Secretary Lee built on that tradition," said DeSantis spokeswoman Taryn Fenske. "As Secretary of State, she helped ensure Florida had an efficient election in 2020, with accurate results." The governor's office said an announcement of a replacement would come soon. Tampa Bay Times / Orlando Sentinel / Florida Politics / Politico /  Associated Press / WFLA

“Florida's top election official steps down while state is mired in legal disputes” via Gary Fineout of POLITICO Florida — Lee’s resignation comes as her office is caught in major legal battles over the state’s new congressional map and laws that placed new restrictions on mail-in voting. On Wednesday, a Florida judge said he planned to block a map that DeSantis had pressured the GOP-controlled Legislature in place.

“We are grateful to Secretary Lee for her service to the state of Florida,” Taryn Fenske, a spokesperson for DeSantis, said. “Over the past 20 years, Florida has become one of the best states in the nation at administering elections, and Secretary Lee built on that tradition. As Secretary of State, she helped ensure Florida had an efficient election in 2020, with accurate results.”

While Lee generally had a good relationship with local election supervisors, her agency was often forced to deal with frustrated officials responding to measures that focused on everything from felons' voting rights to regulating drop boxes. Lee’s departure comes just weeks before her agency will start up a new “Office of Election Crimes and Security” to investigate allegations of voter fraud and violations of election law.

“Ramon Alexander, expected House Dem Leader, drops re-election bid after harassment allegations” via Renzo Downey of Florida Politics — Rep. Alexander, who was expected to lead the House Democratic Caucus next term, won’t run for re-election after sexual harassment allegations surfaced against him. Florida Politics was the first to report Alexander’s inappropriate behavior. Alexander was accused of sexting and groping by a former Florida A&M University athletics employee who left the school in January after what the Tallahassee Democrat reported was an ugly staff shakeup. Alexander announced his decision to forgo a fourth term on Facebook.

DeSantis Signs Largest Tax Cut Into Law - Florida drivers will get a break from the gas tax in the fall, some homeowners will see a property tax cut and shoppers will be able to take advantage of several tax-free holidays under a broad tax relief measure (HB 7071) signed into law Friday by Gov. Ron DeSantis. The legislation gives Floridians tax cuts on diapers, and baby and toddler clothes for one year, children's books for three months, and impact-resistant windows, doors and garage doors for two years. It also exempts ENERGY STAR appliances from sales tax for a year and again provides for a back-to-school tax break, a disaster prep tax holiday, and "freedom week" when admissions to events will be tax free. A new tax holiday on skilled workers' tools is also included. In total, the tax package is expected to provide $1.2 billion in relief for Floridians. Backers of the cuts say the total reduction is the biggest ever passed in Florida. USA Today Network / Florida Politics / Tampa Bay Times / Associated Press

Hurricane center tracking first tropical wave of 2022 - It may only have been Mother’s Day and not yet hurricane season, but the National Hurricane Center started tracking the first tropical wave of 2022. In its Monday morning tropical update, forecasters said the first tropical wave of the season emerged off the west coast of Africa. moving west at almost 12-17 mph. Hurricane season officially starts on June 1, but in the past seven years there have been named storms in May – including Anna last year and Arthur and Bertha in 2020. The first named storm of the 2022 season will be called Alex. More from the Orlando Sentinel.

Knowing the Odds: Florida's history offers lessons about timing and intensity of storms - History offers lessons about when storms are most likely to hit different regions of Florida — and their intensity. The bottom line: While you should be prepared, you don’t always need to be afraid. Florida and its 1,350 miles of coastline stand like a set of 10 pins at the end of Hurricane Alley — a stretch of warm water from the coast of North Africa to the Gulf Coast of the U.S. and Central America. That’s why, statewide, the annual odds that a hurricane will make landfall are 46% — and 21% that a major hurricane will occur. [Source: Florida Trend]

“National Association of Attorneys General ripped by parade of Republicans, but Ashley Moody staying quiet for now” via Brian Burgess of The Capitolist — Last week, four Republican Attorneys General publicly ripped the nation’s leading Attorneys General association, claiming that it has become too partisan, while also alleging that the organization’s financial management practices have “fallen short” of their expectations. The National Association of Attorneys General (NAAG) is open to membership to state Attorneys General from across the country, regardless of political party. The group has historically helped coordinate state legal actions and lawsuits on the national level, including lawsuits against opioid manufacturers and other multi-state lawsuits and legal actions that have occasionally led to large settlements. Moody has not voiced any concerns about the group’s partisanship or financial management.

Campaign and Elections …

State Defends Proposed New Congressional Map - Attorneys for Secretary of State Laurel Lee are defending the new congressional redistricting map drawn by the governor's office and passed by lawmakers last month in a special session after a lawsuit was filed challenging its constitutionality. Groups that have taken Florida's new congressional boundaries to court say they want the court to restore a North Florida minority district to the map. Plaintiffs also allege that the map intentionally discriminates against Black voters. But lawyers defending the state's new redistricting plan say the long North Florida district currently in place defies federal law, specifically the Equal Protection Clause of the U.S. Constitution. They argue that the 2015 map adopted by the Florida Supreme Court, which includes Congressional District 5 that stretches from Duval County to Gadsden County and is currently represented by Democratic Congressman Al Lawson, was gerrymandered in a way that was motivated by race. "Plaintiffs ask the court to turn this truism on its head and revert to some racially gerrymandered congressional map that packs Black voters from Florida's First Coast together with Black voters over 200 miles away from Florida's Big Bend," state officials said in a 197-page brief. Gov. Ron DeSantis signed the proposal (SB 2C) into law late last month after vetoing a previous redistricting plan passed by the Legislature during the regular session. Organizations challenging the map, including Black Voters Matter, the League of Women Voters, Common Cause of Florida and Fair Districts Now, say there are other legal problems with the redistricting plan on top of the North Florida minority district. But due to a lack of time until election day, they agreed that other issues can wait until trial which might not take place until next year. Some supervisors of elections say that a final map must be in place by the end of this week in order to have a smooth elections process this year. Leon County Circuit Judge Layne Smith is scheduled to hold a hearing on Wednesday to determine if a request for a temporary injunction to block the congressional map is warranted. Florida Politics / WFSU 

“Judge issues formal order to replace Ron DeSantis’ map with different North Florida lines” via Jacob Ogles of Florida Politics — A judge formally issued an order calling for a new congressional map to replace one signed by DeSantis, but the state has already said an appeal is coming. In a court hearing Wednesday, Leon Circuit Judge Layne Smith agreed with those challenging the map, who say the cartography violates Florida’s Fair Districts amendment. “Plaintiffs have shown a clear likelihood that the Enacted Plan violates their fundamental right to vote and ‘enjoining the enforcement of a law that encroaches on a fundamental constitutional right’ presumptively ‘would serve the public interest,’” Smith wrote. With the limited period, attorneys argued for Smith to issue an injunction this week but asked only to act in North Florida.

Appeals court reinstates Florida’s disputed voting law” via Lawrence Mower of the Tampa Bay Times — A federal appeals court panel has temporarily reinstated a Florida voting law that a federal judge recently declared unconstitutional for its limits on drop boxes, “line warming” activities at polling sites and third-party voter registration efforts. In March, U.S. District Judge Mark Walker struck down large parts of Senate Bill 90, passed by Florida’s Republican-controlled Legislature and signed into law by DeSantis last year. Pointing to the state’s “grotesque history of racial discrimination,” Walker ruled that lawmakers intended to discriminate against Black voters. In a drastic move, he also prohibited the Legislature from passing similar voting restrictions for the next 10 years without court approval.

Black Caucus Pushes 'Staying Woke,' in Vote Spur Effort - The Florida Legislative Black Caucus plans to launch a new campaign called "Stay Woke Go Vote" on May 21. Organizers say the campaign is in response to election initiatives pushed by Republicans that they believe make it harder for Floridians to vote and disproportionately impact minority populations. In 2021, lawmakers passed and Gov. Ron DeSantis signed a measure (SB 90) that places restrictions on third-party voter registration organizations, 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. That law was challenged in court and parts of it were ruled unconstitutional until a federal appeals court overturned that decision late last week. Legislation (SB 524) passed this year creates a new state office to investigate allegations of voter fraud with a new "Elections Security Force," among other things. That new law is also being challenged in the courts. Additionally, the Black Caucus has expressed concern over a new congressional redistricting map spearheaded by the governor because the map changes two districts currently held by Black Democrats. DeSantis has also publicly criticized "woke" ideologies, including banning critical race theory from being taught in schools. He signed a bill (HB 7) into law earlier this year that restricts how issues related to race, racism and the history of racial relations can be taught in Florida public schools and workplaces. "I'm proud to stand alongside my colleagues and supporters across the state as we launch 'Stay Woke Go Vote,'" said Sen. Shevrin Jones, D-Miami Gardens. Florida Phoenix / Florida Politics 

Taddeo Campaign Says She's Staying in Gov's Race - Sen. Annette Taddeo is still in the Democratic primary for governor, campaign officials said Wednesday, after a candidate in another race suggested Taddeo will drop out to run for Congress. Taddeo, who was Charlie Crist's running mate on the Democratic gubernatorial ticket in 2014, is trailing Crist and Agriculture Commissioner Nikki Fried in fundraising in the bid to be the party's nominee to try to unseat Gov. Ron DeSantis. Miami-Dade Commissioner Eileen Higgins said Wednesday she's suspending her run for the 27th Congressional District and would support Taddeo in that race, leading to talk that Taddeo has decided to switch races. Florida Politics / Miami Herald

State Rep. Ben Diamond is suspending his bid for a congressional seat in the Tampa Bay area, citing the newly drawn congressional map as the reason because he says it is too unfavorable to a Democratic candidate. Tampa Bay Times

Sunshine Summit set for July — The Republican Party of Florida will hold its Sunshine Summit, a two-day GOP gathering, in Hollywood. An e-vite from Gov. Ron DeSantis and the state party announced the 2022 Sunshine Summit and Victory Dinner have been scheduled for July 22-23 at the Seminole Hard Rock Hotel and Casino. The storied event in 2018 marked the first head-to-head debate between DeSantis and then-Agriculture Commissioner Adam Putnam before DeSantis won the GOP nomination and Governor’s race. Republicans this year hope the conclave builds toward a strong midterm performance with DeSantis and Sen. Marco Rubio facing re-election and all Cabinet positions also on the ballot.

Fla GOP Putting Focus on 'Non-Partisan' School Board Races - Florida Republicans are boosting their efforts in non-partisan school board contests, promoting a candidate training and recruitment campaign aimed at getting dozens of conservatives to enter this year's roughly 120 school board races, which formally begin with next month's candidate qualifying. USA Today Network

“Feud between Joe Biden and Rick Scott turns personal” via Seung Min Kim of The Washington Post — The first time Sen. Scott tried to reach out to Biden after he became President, the White House hung up on him. Now Scott is calling Biden “incoherent” and “incapacitated” and demanding his resignation while the President responded to Scott’s insults by saying, “I think the man has a problem.” It’s the story of a political battle turning personal. In recent weeks, Biden and a panoply of White House officials have systematically elevated the first-term Senator from Florida as a central GOP boogeyman.

Special Session …

Democrats Seek to Include Russia Divestment in Special Session - Democratic lawmakers are calling on Gov. Ron DeSantis to expand the legislative agenda for the upcoming special session on property insurance to include divesting the state's Russian assets. In a letter released Tuesday, 30 legislators said more than $300 million in Florida Retirement System funds, including $117 million in businesses currently sanctioned by the federal government, are invested in Russia. "These funds are helping to prop up the economy of Russia and are working against international efforts to sanction President Putin and his oligarchs for their war crimes in Ukraine," Democratic officials said. "I know that in the past you've supported divesting the state from Chinese assets and hopefully we can work together on both." Joint Press Release

House Speaker Chris Sprowls and Gov. Ron DeSantis have both said they want to wait to see a final U.S. Supreme Court ruling on Roe v. Wade before committing to any new changes in Florida abortion law, but Republicans in some other states are already planning special sessions to put new restrictions in place in expectation of a decision from the court overturning the right to the procedure. The Hill

Business issues …

Florida gas prices at highest level in 5 weeks - Florida gas prices rebounded over the weekend, returning to the highest price in five weeks. Sunday’s state average was $4.20 per gallon, an increase of 2 cents from a week ago. A Covid-related silver lining: because China is again imposing big waves of lockdowns, oil demand in China–at nearly 13 million barrels per day, the world’s second oil guzzler after the United States, at 20 million barrels per day–is falling sharply, causing Saudi oil export prices to fall for the first time in four months. [Source: Flagler Live]

Fried Allows E-15 in Summer Bid to Lower Gas Prices - Florida Agriculture Commissioner Nikki Fried issued a new emergency rule to expand the state's gasoline supply in an effort to reduce prices at the pump. The emergency rule allows the sale of E-15 gasoline, a fuel blend typically only sold in the winter months. E-15 gasoline contains up to 15% ethanol and is not recommended for all vehicles. The agency rule comes after the U.S. Environmental Protection Agency temporarily expanded standards for fuel blends. Not all gas stations offer the blend, but drivers could save up to 10 cents per gallon using E-15. The

EPA's federal rule is set to expire May 20. WTSP / Florida Daily

Health Care …

Hospitals Must Disclose Cost of Treating Undocumented - Florida hospitals have until May 23 to tell the Agency for Health Care Administration how much they're spending to treat immigrants who are in the country illegally. The request initially came from Gov. Ron DeSantis when he issued an emergency order back in September that aimed to control the number of people being sent to the state from the southern U.S. border by the federal government. AHCA reminded hospitals of the new policy in a letter sent late last week, noting that the agency reported more than $40 million in unpaid bills across 57 hospitals from treating undocumented immigrants in 2009. The agency said it plans to make the new updated information available to the public by posting it on its website. Florida Politics / Tampa Bay Times-Miami Herald / WMFE   

Some South Florida hospitals came under cyberattacks. Here’s what you need to know [Miami Herald]
A group of hospitals in Miami-Dade and Broward, including North Shore Medical Center and Palmetto General Hospital, lost computer or phone service for an undisclosed period in April due to a cyberattack at one of the nation’s largest for-profit hospital companies, Tenet Healthcare Corporation.

COVID – 19 …

‘A silent surge’: While the newest omicron subvariant drives up COVID cases in Florida, effects are mild

A subvariant of omicron is spreading rapidly in Florida, and health experts say it will likely become the dominant strain of the virus in the state before the summer. The subvariant, named B.A.2.12.1, is a new mutation of the omicron COVID-19 variant — and even more contagious. Some experts believe it may be the most contagious strain thus far. The subvariant was first detected in New York last month, and made up 42% of all new cases in the Southeast region of United States for the week ending May 7. [Source: South Florida Sun-Sentinel]

Court Rules Against Restaurant in COVID-19 Shutdown - Less than a week after federal judges reached a similar conclusion, a Florida appeals court ruled Wednesday that an insurer was not required to cover losses sustained by a Miami-Dade County restaurant that suspended operations early in the COVID-19 pandemic. A three-judge panel of the state’s 3rd District Court of Appeal issued a 19-page decision that sided with the insurer Certain Underwriters at Lloyd’s, London in the dispute with GreenStreet Cafe, Inc. The Coconut Grove restaurant and bar suspended operations in 2020 after Miami-Dade County and the city of Miami blocked restaurants from serving customers in dining rooms to try to prevent the spread of COVID-19. GreenStreet argued that financial losses it sustained because of the shutdown were covered under its “all-risk” commercial property-insurance policy and filed a lawsuit against Lloyd’s. A Miami-Dade County circuit judge rejected the lawsuit, ruling that the losses were not covered under part of the policy that applied to “direct physical loss of or damage to property.” The Miami-based appeals court upheld that decision Wednesday. “(Under) this court’s case law and the plain language of the policy, loss of intended use alone does not constitute ‘direct physical loss,’” said the ruling, written by Judge Fleur Lobree and joined by Judges Thomas Logue and Eric Hendon. “Instead, ‘direct physical loss of or damage to property’ requires actual, tangible alteration to the insured property for coverage to be triggered under the policy. GreenStreet’s allegation that it suffered economic losses due to the city of Miami and Miami-Dade County closure orders does not satisfy this requirement.” Last Thursday, a panel of the Atlanta-based 11th U.S. Circuit Court of Appeals issued a similar ruling in consolidated cases involving restaurant operators from Destin, Palm Beach and St. Petersburg and a furniture retailer.

Education …

DeSantis Signs Legislation Honoring Victims of Communist Regimes - Gov. Ron DeSantis signed legislation (HB 395) into law on Monday that designates Nov. 7 as "Victims of Communism Day" in Florida. The new law also requires high school students to receive at least 45 minutes of instruction once a year about communist dictators and how people suffered under communist regimes. The measure garnered bipartisan support from lawmakers during the regular session and the governor signed the bill at the Freedom Tower in Miami, a historical landmark that served as a Cuban assistance center for refugees in the 1960s and 70s. DeSantis also announced he would approve a $25 million allocation in the state budget to restore and repair the Freedom Tower. Additionally, the governor signed SB 160 into law which creates 26 road designations. Three of the roads will be named after Cubans who fought against the Fidel Castro regime. "Honoring the people that have fallen victim to communist regimes and teaching our students about those atrocities is the best way to ensure that history does not repeat itself," said DeSantis. DeSantis Press Release / Florida Politics / The Hill / Miami Herald / Sun Sentinel 

Only 3 out of 125 Reviewers Found Objectionable Material in Textbooks - Only three of the 125 reviewers who vetted state math textbooks believed the books contained prohibited material, such as "critical race theory," before the books were rejected as politically unacceptable, the Miami Herald reported. Fifteen other reviewers raised questions about potential problems with race-related lessons, but said the books had "fair," "good" or "very good" alignment with the state's rule. The Department of Education initially rejected 54 books as containing inappropriate political content, but later decided to approve 19 of those. Miami Herald