Legislative Update June 17, 2022

The clock is ticking!  Florida's candidate qualifying period for the 2022 election ends today at noon.  We are already seeing some surprises this week!  Senator Ray Rodrigues (R) has decided not to seek re-election and Johnathan Martin, the Lee County GOP Chair has thrown his hat into the ring.  Martin has been endorsed by Governor Ron DeSantis.  Shawn Harrison, a former House member who was recruited by Senate Leadership to run against the incumbent, Senator Janet Cruz (D).  But it seems as though the Governor wanted another candidate.  Green Beret Jay Collins will end his bid for Congress and instead challenge Cruz for her seat in the Legislature.  DeSantis immediately endorsed Collins as the best Republican to challenge the Tampa Democrat. Some believe that Governor DeSantis is trying to take over the Florida Senate with his handpicked candidates.

A federal judge struck down a 2021 Florida law limiting financial contributions in favor or against ballot initiative efforts, ruling the $3,000 limit violates First Amendment free speech protections. U.S. District Judge Allen Winsor in Tallahassee on Wednesday blocked the law from being enforced. The law initially put the limit on all contributions to political committees collecting signatures to get measures on a ballot. The Legislature changed the law this year to apply the limit only to out-of-state donors.

On Monday, the Governor received a list of six nominees for the Florida Supreme Court.  There is one opening due to Justice Lawson retiring. Rumor is that the leading contender is Palm Beach County Circuit Judge Renatha Francis, whom DeSantis planned to appoint in 2020 before the state Supreme Court ordered him to pick another candidate, as Francis had failed to meet a 10-year Bar membership requirement.

Below you will find articles about these issues and more …

“U.S. trial judge nixes caps on donations for citizen initiatives ” via Laura Cassels of Florida Phoenix — A federal judge in North Florida Wednesday struck down two Republican-backed laws that critics said would unfairly limit the rights of citizens to amend the state’s Constitution. Adopted in 2021, Senate Bill 1890 would have capped at $3,000 individual donations to political action committees that support or oppose proposed constitutional amendments. The American Civil Liberties Union successfully fought to have the implementation of that law blocked temporarily and now permanently, arguing that it would violate the freedom of speech protected by the First Amendment. Adopted in 2022 following the injunction against SB 1890, House Bill 921 modified the donation cap to apply only to out-of-state contributors. It was to go into effect July 1, but it is also permanently blocked.

'Stop Woke Act' Gets First Court Test - A federal lawsuit challenging a new Florida law barring the teaching of certain ideas about racism in schools or workplace trainings is set for a court hearing next week in Tallahassee. Plaintiffs in the case include two high school teachers, a university professor and a child who will soon be in kindergarten. The plaintiffs are asking U.S. District Judge Mark Walker to stop the law from going into effect, claiming it gives the state power to "arbitrarily decide what speech is prohibited and what speech is permitted." USA Today Network

Governor …

“DeSantis attempts to take over the GOP-led Florida Senate” via Andrew Atterbury and Matt Dixon of POLITICO Florida

“‘I am not going to let them cancel me’: Gov. Ron DeSantis defiant against ‘parental rights’ backlash” via Renzo Downey of Florida Politics

Gov. DeSantis' 'Stop Woke Act' faces court test as universities become targets. At issue: free speech” via John Kennedy of the USA Today Capital Bureau

“List of Florida Supreme Court nominees includes previous DeSantis pick” via Chris Hippensteel of the Tampa Bay Times — The panel responsible for nominating Florida’s Supreme Court justices submitted a list of six candidates to DeSantis for review on Monday, including a former DeSantis nominee widely viewed as a favorite for the appointment. The list, submitted by the Florida Supreme Court Judicial Nominating Commission, winnowed down a field of 17 applicants competing for the seat Justice Alan Lawson plans to vacate on Aug. 31. Among the contenders is Palm Beach County Circuit Judge Renatha Francis, whom DeSantis planned to appoint in 2020 before the state Supreme Court ordered him to pick another candidate, as Francis had failed to meet a 10-year Bar membership requirement.

“DeSantis selects Chris Graham as State Guard Director amid budding hurricane season” via Renzo Downey of Florida Politics — With the hurricane season underway, DeSantis’ State Guard is taking shape. DeSantis announced Wednesday that recently retired Marine Lt. Col. Graham will be the Director of the Florida State Guard, a civilian force the Legislature resurrected this year at the Republican Governor’s behest. The Director will oversee the recruitment and training of 400 guard members and mobilize the force during states of emergency. Graham grew up in Miami and moved to the Panhandle after leaving active duty in the Marines. He now lives in Destin.

Business Issues …

Average Gas Prices Top $5 in Parts of Florida - The average price of a gallon of regular unleaded gasoline has topped $5 in parts of South Florida, while statewide prices hit another record Monday at $4.89, according to the AAA auto club. The average price in the West Palm Beach and Boca Raton area was nearly $5.02. Statewide average prices were up 13 cents a gallon from last week and 42 cents from last month. “This is some unprecedented pain at the pump that we are seeing,” AAA spokesman Mark Jenkins said. “We are setting new records and not in a good way.” The national average for a gallon of regular unleaded was $5.01 on Monday. Jenkins said drivers shouldn’t expect prices to go down anytime soon. “We just don’t know what the next month holds, let alone what things are going to be like next week,” he said. “So, the fuel market is extremely unstable right now. It’s very volatile.” While the highest prices in Florida were found in the West Palm Beach and Boca Raton area, the least-expensive gas was in the Fort Walton Beach and Pensacola areas of Northwest Florida.

Florida unemployment claims inch up - First-time unemployment claims in Florida rose for the second straight week. The U.S. Department of Labor on Thursday estimated 6,740 initial claims were filed last week in the state, up from a revised count of 5,796 during the week that ended June 4 and 3,698 during the week that ended May 28. Last week’s total was the highest for Florida since the week ending Jan. 22, when 7,346 claims were filed. The Department of Labor also estimated that the number of claims nationally dipped from 232,000 during the week that ended June 4 to 229,000 last week. More from the News Service of Florida.

“Jimmy Patronis warns of ‘shrinkflation’ as prices rise” via Sam Sachs of WFLA — Price increases make everyone pay more attention to what they buy, how much, and how often. Inflation across the country remains high, and almost nowhere is as high as in Tampa Bay, where the inflation rate is nearly 3% higher than the national average. As inflation keeps costs increasing, Florida’s state leadership warns residents to keep their eyes peeled as they go shopping for essentials. According to Patronis, shrinkflation is reducing the size of a product while maintaining its sticker price, a form of hidden inflation. Patronis told Floridians to keep an eye on the volumes and sizing of their favorite products. He said that while amounts might shrink, prices may stay the same or even rise.

Disney delays moving 2,000 jobs to Orlando amid ‘don’t say gay’ clash with DeSantis - Amid the feud with Gov. Ron DeSantis over the so-called “don’t say gay” law, the Walt Disney Co. has delayed for more than three years plans to move about 2,000 high-paying jobs to Orlando from California. Disney spokeswoman Jacquee Wahler said Wednesday the expected opening date for the Lake Nona campus was pushed to 2026 to “give people more time” and accommodate the construction timeline for the new offices. A Disney representative previously told the Orlando Sentinel the offices were expected to be operating in Orlando by December 2022. More from the Orlando Sentinel.

Legislation …

Support Falls Short for New State Gun Legislation, Session - A poll spearheaded by Democratic lawmakers seeking a special session on gun regulation didn't garner the necessary votes to force lawmakers to return to Tallahassee to consider the issue. The poll began last Monday after Rep. Joe Geller, D-Aventura, sent a letter to Secretary of State Cord Byrd calling for the special session. Geller's Democratic colleagues garnered the initial required 20% of members needed for the Department of State to start polling legislators. But when the poll closed, only 76 lawmakers in total responded – 21 Senators and 55 Representatives. Overall, 19 Republican members voted in opposition, which is less than 20%, and 57 Democrats, or more than 90%, were in support. At least 60% of lawmakers in each chamber must be in support of a special session in order for it to take place under the polling rule. The call for a special session to address gun regulation followed recent fatal mass shootings in Uvalde, TX and Buffalo, NY. Democrats were asking for a special session to focus on legislation that would limit large-capacity rifle magazines, expand the state's "red flag" law and require universal background checks for firearm sales. "Red flag" laws, also known as risk protection order laws, were put in place by the Marjory Stoneman Douglas High School Safety Act of 2018 and allow law enforcement to temporarily seize firearms from at-risk individuals who have been deemed a danger to themselves or others. More than 5,850 risk protection orders have been filed in Florida courts since 2018. Florida's Republican U.S. senators, Marco Rubio and Rick Scott, are currently advocating for the legislation at the federal level. "There was a time in Florida when Democrats and Republicans could reach across the aisle to work on necessary, bipartisan legislation for the safety of every single Floridian," said Geller in his response to the results of the poll. "It's unfortunate and sad to know our Republican colleagues would rather wage culture wars than actually work on issues Floridians really care about." Sun Sentinel / WUSF / WTSP / Florida Phoenix / Democratic Party Press Release / DOS Special Session Poll Results

Jewish Congregation Sues to Block Abortion Ban - A Palm Beach County synagogue filed a lawsuit on Tuesday claiming a new Florida law prohibiting most abortions after 15 weeks of pregnancy violates the rights of followers of Jewish religious teachings, which say abortion is required if necessary to protect a woman's health, among other reasons. The challenge to the law by Congregation L'Dor Va-Dor of Boynton Beach is the second seeking to block the new law, passed during the most recent regular legislative session as HB 5. Abortion providers, including Planned Parenthood, also have sued to block the law from taking effect. Associated Press / The Forward

COVID …

COVID cases in Florida increased last week with two new variants spreading around the state. Average daily cases were up 4% from the week before and hospitalizations rose 13% to nearly 3,000 confirmed patients. Almost 9 out of 10 Florida residents live in a county where the level of COVID cases is considered "high" by federal officials. Tampa Bay Times

Florida leads the nation in percentage of residents living in high-risk coronavirus counties - While many Floridians are living their lives without COVID-19 precautions, the number of coronavirus cases and hospitalizations in the state is on the rise. As of this past week, more Florida residents are living in what the Centers for Disease Control and Prevention calls "high-risk counties" than anywhere else in the country. Florida has 86 percent of people living in high-risk counties, compared to the national average of 22 percent. More from WLRN, the Miami Herald, and WFLA.

Florida leads nation in COVID deaths, CDC data shows - Florida’s coronavirus death toll rose faster in the past week than any other state, though that increase was among the state’s smallest since the pandemic started. Federal data shows the state added 262 victims since the state Health Department’s last COVID-19 report published June 3. That’s the highest seven-day increase since mid-April, but lower than most weeks. Immunity from vaccinations and prior infections, along with new antiviral treatments, have helped stop severe illness. More from the  Sarasota Herald-Tribune and the Orlando Sentinel.

Every state but Florida pre-ordered COVID-19 vaccines for kids under 5 - Federal regulators could approve COVID-19 vaccines for kids younger than 5 by the end of the week. For most states, that means shots could be available as early as next week, but that might not be the case in Florida. Florida is the only state that hasn’t preordered COVID-19 vaccines for young children. It missed a Tuesday deadline to order the shots. Other states could get them as early as Monday. More from WJXT and the Miami Herald.

“Ron DeSantis defends state decision not to order COVID-19 vaccines for young kids ” via Mary Ellen Klas of the Miami Herald — DeSantis defended the state’s decision not to preorder COVID-19 pediatric vaccines for children under 5, saying that parents who want the shots can access them without the state’s help. “Our Department of Health has been very clear: The risks outweigh the benefits, and we recommend against,’’ DeSantis said at a news conference in the Everglades to announce the state’s annual python capture challenge. “Doctors can get it. Hospitals can get it. But there’s not going to be any state programs that are going to be trying to, you know, get COVID jabs to infants and toddlers and newborns,” he said. “That’s not something that we think is appropriate, and so that’s not where we’re going to be utilizing our resources in that regard.”

—“Florida hospitals, physicians scramble as DeSantis opts out of vaccine order for young kids ” via Liz Freeman of the Naples Daily News

—”Doctors angry over DeSantis not ordering COVID vaccines for young kids ” via Devoun Cutout of the Miami Herald

Health Issues …

“Medicaid managed long-term care complaints are increasing” via Christine Jordan Sexton of Florida Politics — The number of complaints about Florida’s Medicaid managed long-term care program has been on the rise in recent months, members of a statewide medical care advisory panel were told Tuesday. Paula James, the administrator for the Agency for Health Care Administration Bureau of Plan Management Operations, presented data showing 312 calls in May complaining about the contracted managed care plans that provide long-term care services in the state. About a third of the calls were about Sunshine Health Plan, the largest managed care provider in the state. James attributed the 111 call complaints about Sunshine Health Plan to the company’s acquisition of StayWell and subsequent merger. The state hit Sunshine Health Plan with a record-breaking $9 million sanction in March for not making payments or delaying payment on 121,277 claims.

Campaigns and Elections …

“DeSantis swats away 2024 speculation yet again” via A.G. Gancarski of Florida Politics — The Governor was on the set of Fox and Friends, the morning after a high-profile speech in the Big Apple, where he again was asked if he would make his run for the White House in two years. As has become customary, DeSantis was coy about his intent, even after several attempts to get an answer. Asked where the idea sits in his mind, DeSantis quipped, “it just sits when people bring up my name,” pivoting quickly to 2022 races down-ballot in the state and the “huge opportunity” for a “really big red wave” that could make Florida a “red state.” DeSantis again was cheerily dismissive when the question recurred, referring to the redirected questions as “futile opportunities.” “The interesting thing about me is people will always inject my name into it, just based off what I’m doing in Florida.”

“Elon Musk 'leaning' toward supporting Ron DeSantis for President” via Matt Dixon of POLITICO — DeSantis appears to be winning the Musk Primary. Tucked in a Twitter thread where Musk, the world’s richest man worth an estimated $205 billion, discussed midterm politics and the fact he voted Republican for the first time during Tuesday night’s primaries, he said DeSantis, at the moment, is who he would support for President in 2024. Musk commented about DeSantis in reply to a tweet about Mayra Flores winning a Special Election and flipping a congressional seat long held by Democrats. She will now become the first Mexican-born Congresswoman.

“Nikki Fried, Charlie Crist slam Ron DeSantis for putting gas tax "politics" over relief at pump” via Stephany Matat of The Palm Beach Post — DeSantis' two Democratic rivals accused him on Monday of playing political gamesmanship with rising gasoline prices. In the past few days, the Tampa Bay Times has revealed that DeSantis’ director of legislative affairs, Stephanie Kopelousos, drafted legislation limiting the fuel tax cut to October, the month before the November election, instead of immediate relief. "While Floridians are struggling to get by, Gov. DeSantis is playing politics with their pocketbooks. It’s unconscionable — Florida deserves a Governor that works for the people, not themselves," Crist said in a statement. “As Governor, she would issue a gas tax break immediately, unlike DeSantis,” Caroline Korba, the Press Secretary for Fried’s campaign for Governor, said.

“Annette Taddeo backs Charlie Crist in Democrats’ gubernatorial bid” via Bianca Padró Ocasio of the Miami Herald — “It should not be a surprise,” Taddeo said on her endorsement. “I really believe that us, as Democrats, we need to come together.” Before winning her Senate seat in a special election in 2016, she was Crist’s running mate in his bid for Governor in 2014 against Rick Scott, who was then the Republican incumbent. “I don’t think it’s so much about the issues; I think we all agree on the issues. I think it’s about who we can trust to do this best,” Taddeo said. “It’s not an easy race, we all know that. It’s going to take everything we’ve got.”

“Marine combat veteran announces self-funded Primary challenge to Matt Gaetz” via Kyle Morris and Brandon Gillespie of Fox News — A businessman and Marine combat veteran with extensive aviation experience has announced a self-funded Primary challenge to Rep. Gaetz to represent the Sunshine State's 1st Congressional District. Mark Lombardo, who flew CH-46 helicopters in Vietnam and is a former FedEx executive and pilot, described his vision for the district and his mission to defeat Gaetz, who he said has made some "terrible choices," and to "serve the good, hardworking people of Northwest Florida." "Matt Gaetz is completely ineffective as a Congressman," Lombardo said, pointing to Gaetz's record. Lombardo has pledged to spend up to $1 million to defeat Gaetz in a GOP Primary in late August.

—“Ex-Rep. Corrine Brown, fresh off tax fraud plea deal, is running for Val Demings’ seat in Congress” via Skyler Swisher of the Orlando Sentinel

“Jason Fischer drops bid for Congress, possibly clearing path for Aaron Bean run” via David Bauerlein of The Florida Times-Union — State Rep. Fischer said Tuesday he's ending his run for Congress, a move that will give state Sen. Bean a less contested path in the upcoming Republican Primary. Fischer had taken to the airwaves for weeks with ads touting his congressional campaign and conservative record, but he will bow out and concentrate on running for Duval County Property Appraiser in the spring 2023 Election. "After much prayer and reflection, my family and I have decided now is not the right time to pursue a seat in Congress, and the best way for me to continue my public service is to remain at home and pursue the office of Property Appraiser," Fischer said.

—“Nearly two dozen current and former Nassau County officials back Aaron Bean in CD 4 ” via Wes Wolfe of Florida Politics

“Former NFL, FSU star Corey Simon challenges Loranne Ausley for state Senate” via Renzo Downey of Florida Politics — Simon is challenging Sen. Ausley in Senate District 3. The former All-American defensive tackle and National Football League pro-bowler will run as a Republican against the incumbent Democrat as she hopes to win her first Senate re-election bid, his campaign announced Monday. Simon brings name recognition and political ties, as DeSantis’ CEO of Volunteer Florida, to a race that is within reach for Republicans. At the very least, the race could bring heartache to Democrats, who hope to stave off a red wave in November. Senate President Wilton Simpson immediately endorsed Simon’s candidacy.

“Jay Collins shifts to challenge Janet Cruz, with DeSantis’ support” via Jacob Ogles of Florida Politics — Collins will end his bid for Congress and challenge state Sen. Cruz for her seat in the Legislature. DeSantis immediately endorsed Collins as the best Republican to challenge the Tampa Democrat. Meanwhile, Tampa businessperson Shawn Harrison, who filed in April, will leave the race. “Proud to support (Collins) for Senate District 14. Jay is a conservative, a fighter, and a veteran. He was a Green Beret and is a Purple Heart amputee. I look forward to serving alongside him in Tallahassee,” DeSantis tweeted.

“Jonathan Martin promises to be team player in Senate and support DeSantis’ agenda ” via Jacob Ogles of Florida Politics — Martin has long been interested in serving in the Legislature. But that conversation turned very serious in recent days. “It hasn’t been very long. I’d say a little over a week,” he said. He ultimately learned for sure that a seat would open on Wednesday when a state lawmaker shared a tweet about Sen. Ray Rodrigues potentially stepping down for a job in the administration. Events seemed to transpire quickly, with DeSantis and the Florida Republican Senatorial Campaign Committee rapidly endorsing the eight-year GOP county Chair for the Senate District 33 seat. But Martin acknowledged he’d already had long conversations about the job with family and others.

“One-quarter of Legislature poised for election without opposition as qualifying starts” via Gray Rohrer of Florida Politics — On Monday afternoon, there were 10 Senate candidates and 30 House candidates without opposition. If they don’t attract an opponent by the end of the week, they assume office after the November elections without having to campaign.

That list could grow (or shrink) by the end of the qualifying week — if last-minute candidates jump in races or if candidates who previously filed their intention to run drop out.

Future legislative leaders such as Senate President-Designate Kathleen Passidomo, a Naples Republican, Rep. Danny Perez, slated to become House Speaker in 2024, and Rep. Sam Garrison, poised to succeed Perez as Speaker in 2026, do not have opponents so far. Just as in the Legislature at large, Republicans significantly outnumber Democrats in running unopposed.

—“Re-election path clears for future Speaker Sam Garrison” via A.G. Gancarski of Florida Politics

Write-ins close GOP House Primaries in Jacksonville” via A.G. Gancarski of Florida Politics

Miscellaneous …

Longtime NRA lobbyist Marion Hammer retires” via Jacob Ogles of Florida Politics