Legislative Update - July 1, 2022

Several new laws ranging from strawberry shortcake as the official state dessert to a record-breaking budget of $109.9 billion take effect on July 1.  A total of 149 bills signed by the Governor will become law today. 

The $1.24 billion tax cut package in Florida’s Fiscal Year 2022-23 Budget contains funding for nine sales tax holidays, including four beginning July 1, 2022:

• A Seven-Day Freedom Week Sales Tax Holiday – Removes sales tax on boating and water activity supplies and camping, fishing, outdoor, and sporting equipment from Friday, July 1, 2022 to Thursday, July 7, 2022, saving Florida families $70.6 million.
• A One-Year Energy Star Appliances Sales Tax Holiday – Removes sales tax on Energy Star Appliances from Friday, July 1, 2022 to Friday, June 30, 2023, saving Florida families $78.5 million.
• A One-Year Diapers and Baby Clothes Sales Tax Holiday – Removes sales tax on diapers and baby clothes from Friday, July 1, 2022 to Friday, June 30, 2023, saving Florida families $120 million.
• A Two-Year Home Hardening Sales Tax Holiday – Removes sales tax on impact-resistant windows, doors, and garage doors from Friday, July 1, 2022 to Sunday, June 30, 2024, saving Florida families $443 million.

Additionally, Floridians can purchase qualifying children’s books exempt from sales tax during the 2022 Children’s Books Sales Tax Exemption now through Sunday, August 14.

Speaking of sales tax … Sales tax collections continued to come in strong in May, with the Office of Economic and Demographic Research reporting general revenue coming in 21% higher than initially expected when forecasters projected collections back in January. General Revenue collections in May were $741.8 million above the forecast, with nearly 80% of the excess coming from sales tax, EDR said. Officials believe, however, that the increased sales-tax collections are at least partly a result of higher priced items due to inflation. EDR Monthly Revenue Report / EDR Detailed Revenue Report

The Florida Supreme Court granted Gov. DeSantis’ request to impanel a grand jury on crimes stemming from illegal immigration. The Court ruled this week there was sufficient reason to establish a statewide grand jury to investigate the crimes at hand. Burglary, prostitution, and kidnapping are among those listed. The grand jury will be composed of jurors from the 10th Judicial Circuit and will meet for 12 months. The order was issued two weeks after DeSantis petitioned for a grand jury to investigate such crimes as he criticized President Biden’s “sanctuary federal government.”

A circuit court judge on Thursday blocked Florida's new 15-week abortion ban just hours before it was set to take effect on Friday, likely leaving it to a state appeals court, potentially the state Supreme Court, to decide the issue. Leon County Circuit Judge John Cooper said from the bench that he would issue an injunction preventing the law from being enforced – likely next week. The measure became law on Friday, meaning it will be in force for a few days before the injunction takes effect.

Gov. Ron DeSantis appointed Pedro Allende on Tuesday to be the new secretary of the Department of Management Services following the departure of former agency head Todd Inman. Allende is an attorney from Miami who has experience at the federal departments of Energy, Labor and Homeland Security.

“After Supreme Court ends Roe v. Wade, fears in Florida that same-sex marriage is next” via Douglas Hanks of the Miami Herald — The U.S. Supreme Court’s ruling on abortion has raised alarms in Florida that same-sex marriage could be struck down next in a state where the constitution still has language defining marriage as between a man and a woman. “A lot of people out there are saying they’re coming for us next,” said Orlando Gonzales, executive director of the Miami-based SAVE, an LGBTQ-rights advocacy group. “We see marriage equality as being threatened.” For now, worries about the endurance of same-sex marriage in Florida stem from legal what-ifs, since there’s no case pending before the Supreme Court that challenges the right of same-sex couples to marry.

“SCOFLA grants Gov. DeSantis’ request for grand jury on immigration” via Renzo Downey of Florida Politics — The Florida Supreme Court has granted DeSantis‘ request to impanel a grand jury on crimes stemming from illegal immigration. The Court ruled Wednesday that there is good and sufficient reason to establish a statewide grand jury to investigate crimes like human and drug trafficking and gang activity. The order comes nearly two weeks after the Republican Governor petitioned for a grand jury to investigate such crimes as he criticized Biden’s “sanctuary federal government.” While the panel will investigate crimes across Florida, the grand jury will draw jurors from the 10th Judicial Circuit, which covers Hardee, Highlands and Polk counties. The grand jury shall meet for 12 months. The grand jury will target a broad swath of crimes. Among those listed are burglary, robbery, kidnapping, prostitution, drug crimes and organized crime.

Business Issues …

Gas Prices Drop Heading into Holiday … After setting a record of $4.89 on June 13, the average price of a gallon of regular unleaded gasoline in Florida has dropped during the past two weeks and was at $4.67 on Monday, according to the AAA auto club. AAA pointed to decreases in crude-oil and gasoline-futures prices amid concerns about the broader economy. "Gas prices are moving in a favorable direction, as millions of Americans prepare to embark on an Independence Day road trip," AAA spokesman Mark Jenkins said in a prepared statement. "Despite the recent declines, gas prices are still likely to be the highest for this holiday in history." The average price a year ago in Florida was $2.94 a gallon. The most-expensive gas in Florida is in the West Palm Beach, Gainesville and Naples areas, while the least-expensive is in the Fort Walton Beach, Pensacola and Panama City areas, according to AAA.

Here’s how much Florida gas prices have fallen in the past 2 weeks - Millions of Americans have travel on the brain as a long holiday weekend approaches. If your getaway plans involve a road trip, you’ve probably thought about how much to budget for gas. After a seemingly endless trend of climbing gas prices, you might have noticed some better news at the pumps in the last week or two. AAA says Florida gas prices fell 14 cents in a week’s time, landing at $ 4.67 a gallon on Sunday. It was the second week of declining gas prices in the Sunshine State. [Source: WFTV]

State, national jobless claims decrease - First-time unemployment claims in Florida and across the nation dipped last week, while a study showed small businesses continuing to grapple with supply-chain issues. The U.S. Department of Labor on Thursday estimated Florida had 6,072 unemployment claims during the week that ended June 25, down from a revised count of 6,500 during the week that ended June 18. The initial estimate for the week ending June 18 was 5,778. Florida claim totals are similar to the pace before the COVID-19 pandemic caused massive job losses in 2020. [Source: News Service of Florida]

“Critics blast state inaction as Florida home insurance rates soar” via Jeff Schweers of the Orlando Sentinel — Ten property and casualty companies are in liquidation, four of which filed for bankruptcy this year, leaving thousands of Floridians scrambling to find new insurance. Some insurance companies are jacking up rates by 100% or more. “All of a sudden they started raising rates and dropping clients, creating a crisis requiring a Special Session to bail them out,” said John Tolley, a Brooklyn-based lawyer for homeowners who grew up in Orlando and does extensive work in Florida. “Every Session they get favorable legislation … yet every Session we hear about the insurance crisis. Where’s the money going?” Industry representatives and their allies in the Legislature argue that it’s largely a problem caused by greedy policyholders who want free roofs, egged on by contractors and lawyers looking for a payday.

Supreme Court …

Canady to End Term as Chief Justice, Muñiz to Lead Scofla - Florida Supreme Court Justice Charles Canady will end his third term as chief justice on the state's highest court at the end of the month. Justice Carlos Muñiz will officially become the court's 57th chief justice on Friday, July 1. Muñiz was appointed to the Supreme Court by Gov. Ron DeSantis in January of 2019. Canady, who will remain on the court, is one of 11 Florida justices to have served non-consecutive terms as chief justice. He was originally appointed to the Florida Supreme Court by former Gov. Charlie Crist in 2008. Supreme Court Press Release

Legislative …

“‘Stop WOKE Act,’ 15-week abortion ban among list of 144 new laws taking effect Friday, Part 1” via Gray Rohrer of Florida Politics — There are 144 bills signed by DeSantis that also take effect Friday, from high-profile, highly contested measures that ban abortions after 15 weeks of pregnancy, ban the teaching of sexual orientation or gender identity in kindergarten through third grade and prohibit diversity training infused with critical race theory in the workplace to more mundane, smaller changes to the law such as a bill clarifying when a homeowner can cut down a tree in their yard. Here’s Part 1 in a look at the new laws taking effect Friday.

“New fiscal year, new budget, new … state dessert? Here’s Part 2 of a list of laws taking effect Friday” via Gray Rohrer of Florida Politics — Starting Friday, state workers will get a 5.4% pay increase, and some workers, such as state attorneys, public defenders, prison guards and law enforcement officers will see even higher pay bumps. It’s part of the $109 billion budget that takes effect Friday, the start of the new fiscal year. It includes $24.3 billion for K-12 schools, $1.7 billion more than last year, or $8,143 per student, about $385 more. That includes $800 million to boost teacher salaries, an increase of $250 million. Here’s Part 2 of our look at the new laws taking effect Friday.

“Party in the USA: Floridians can live it up tax-free during upcoming 2022 Freedom Week” via Kelly Hayes of Florida Politics — Just in time for Independence Day festivities, Florida shoppers can get ready to party in the USA tax-free with the 2022 Freedom Week Sales Tax Holiday starting this Friday, July 1. This will be the state’s second annual Freedom Week Tax-Free Holiday. The weeklong sales tax hiatus will last through July 7 and apply to purchases of outdoor and recreational items. The Florida Retail Federation encourages Floridians to take advantage of the cost savings and shop locally. This year’s tax holiday comes from HB 7071, signed by DeSantis on May 6. Sen. Kelli Stargel and Rep. Jay Trumbull championed the legislation.

Health Legislation Becoming Law on Friday - Several health care bills passed during the regular session and signed into law by Gov. Ron DeSantis earlier this year will officially take effect Friday, July 1. Among the proposals is a large Department of Health package (SB 768) that makes several operational changes to the agency and provides one-time $150,000 payments through the state's Birth-Related Neurological Injury Compensation Association to families whose children succumbed to their injuries during birth. A 2021 law increased compensation for families of infants who suffered birth-related brain or spinal-cord injuries but parents of children who died were left out. Additional provisions in the new law make updates to rules surrounding medical marijuana sampling and testing, midwifery licensure and other technical changes. Another measure (SB 312) that takes effect at the end of the week allows doctors to prescribe certain drugs over telemedicine video calls. Legislation (SB 1950) revamping the state's Medicaid managed care program will also take effect. That measure, among other things, consolidates the state's Medicaid managed care program from from 11 regions to nine and authorizes the Agency for Health Care Administration to award contracts on either a statewide or regional basis, requiring that reimbursement for providers be on a prepaid basis. It also requires plans to contract with Florida cancer hospitals as statewide essential providers. Current managed care contracts are scheduled to expire at the end of 2024 and the updates made by lawmakers to the program are expected to help the upcoming procurement process. Lastly, a proposal (HB 5) banning abortions in the state after 15 weeks of gestation is also scheduled to go into effect, but the measure is currently being challenged in court. Last week, the U.S. Supreme Court ruled that the federal constitution doesn't confer any right to abortion and that whether to allow the procedure or not should therefore be left up to each state. The recent ruling overturns the landmark 1973 Roe v. Wade decision that had prevented abortion bans for decades. WTSP / LobbyTools Governor's Activity / LobbyTools Bills That Go Into Effect July 1, 2022

Judge Blocks Florida 15-Week Abortion Ban For Now, Appeal to Come - A circuit court judge on Thursday blocked Florida's new 15-week abortion ban just hours before it was set to take effect on Friday, likely leaving it to a state appeals court, potentially the state Supreme Court, to decide the issue. Leon County Circuit Judge John Cooper said from the bench that he would issue an injunction preventing the law from being enforced – likely next week. The measure became law on Friday, meaning it will be in force for a few days before the injunction takes effect. The ban on abortions after 15 weeks of pregnancy was passed by lawmakers earlier this year as HB 5, and largely mirrors a Mississippi law that was recently upheld by the U.S. Supreme Court on U.S. constitutional grounds. But Planned Parenthood and other plaintiffs suing to block the Florida law instead challenged its legality under the state constitution, arguing that Florida's constitutional guarantee of privacy prohibits such a ban. That section of the constitution says that "every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein." Cooper agreed, saying that the ban constitutes such an intrusion. Gov. Ron DeSantis' office said it would appeal the ruling. Associated Press / USA Today / Orlando Sentinel / Miami Herald / Politico / Florida Politics / Axios / Courthouse News / New York Times / Washington Post / The Hill / Reuters / CNN

Gov Vetoes Tax Audit Bill - Gov. Ron DeSantis vetoed legislation late last week that would have made several changes to state tax law. The bill (SB 1382) would have required taxpayers to produce all documents requested by the Department of Revenue during an audit in a timely manner, among other things. Opponents of the legislation claimed it created an unnecessary burden on small business owners. "The bill automatically assumes a business owner acted with willful neglect if their records are incomplete, triggering a 50% fine on top of any tax debt the Florida Department of Revenue had already estimated," said Bill Herrle, Florida executive director of the National Federation of Independent Business. Florida Politics  

Federal Judge OKs Restrictions on Teaching About Race - A federal judge on Monday ruled a new law that dictates how teachers can teach about issues related to race can be enforced, rejecting a challenge to the "Stop WOKE Act," though he left undecided part of the challenge concerning colleges and universities. Chief U.S. District Judge Mark Walker said petitioners seeking to block the law – teachers, a soon-to-be kindergartner and a diversity consultant – hadn't yet been able to show any injury as a result of the new law, passed earlier this year as HB 7. Florida Politics / Politico / Law360

Bright Futures Volunteer Requirement Can Now Include Paid Work Experience - High school students will be able to count their work at paid jobs to fulfill a volunteering requirement when they apply for Bright Futures scholarships, under a bill (HB 461) signed by Gov. Ron DeSantis on Monday. The governor said allowing students to get credit for work instead of volunteering will help low-income students who need to help support their families. Associated Press / WTSP / Governor's Press Release

“Driving with your music too loud? Starting Friday, Florida cops can ticket you for that” via Brett Clarkson of the Orlando Sentinel — Police in the Sunshine State will be able to ticket drivers for playing music too loud from their cars starting on Friday. The law makes it a noncriminal traffic violation for any driver’s music to be “[p]lainly audible at a distance of 25 feet or more from the motor vehicle,” according to the legislation. Drivers will be dinged a fee of up to $114. Some think the law makes sense, saying they hope it will reduce obnoxious noise levels in the public sphere. Yet others complained that the loud music crackdown would give police a way to target racial minorities and serve as a trigger for warrantless searches.

COVID …

“COVID-19 wave may be peaking as cases start to level off, but deaths spike” via Chris Persaud of The Palm Beach Post — The latest COVID-19 wave in Florida may be cresting, hospital reports indicate, while the weekly statewide death toll spiked by over 1,000 residents for the first time in over three months. The number of COVID-19-positive patients statewide grew by 129 this week, the smallest seven-day increase since April 26, the U.S. Health and Human Services Department reported Friday. Hospitalization statistics usually lag behind the newly reported positive test results. Florida medical staff tended to 3,322 COVID-19-positive patients, HHS said Friday, including 323 adults in intensive care units.

COVID-19 vaccines for infants arrive in Florida. Here’s why doctors are throwing them away” via Daniel Chang of the Miami Herald — Dozens of South Florida pharmacies, community health centers, children’s hospitals and pediatricians received delivery this week of the first COVID-19 vaccines available for children as young as 6 months old, much earlier than anticipated after state officials missed a deadline for pre-ordering the shots. But pediatricians and public health advocates working to vaccinate newly eligible children under 5 said they are throwing away the majority of the doses they have ordered because DeSantis will not authorize state programs to administer the vaccines for infants and toddlers, effectively cutting off supply to many family doctors. The health department also will not promote the vaccines to parents, some of whom are hesitant to have their young children vaccinated.

The federal government will help Florida doctors access small quantities of COVID vaccines for infants and toddlers, a Biden Administration official said Tuesday. Assistant HHS Secretary Rachel Levine said that as of last week Florida medical providers have ordered 20,000 doses of the vaccine for children under 5. Florida isn't making the shots available to county health departments. Miami Herald

“In briefing Congress, Joseph Ladapo admits state decision could limit vaccine access to kids” via Mary Ellen Klas and Daniel Chang of the Miami Herald/Tampa Bay Times — Florida Surgeon General Ladapo, whose guidance on COVID-19 vaccines and face masks has frequently conflicted with the recommendations of public health agencies and medical academies, presented a defiant defense of his controversial advice while testifying before the Select Subcommittee on the Coronavirus Crisis. Ladapo doubled down on the Florida Department of Health’s official guidance that healthy children younger than 16 are “at little to no risk of severe illness complications from COVID-19” — contrary to recommendations from the Centers for Disease Control and Prevention and advice from the American Academy of Pediatrics. Ladapo repeated his claim that adolescents are at “low risk” from the coronavirus and testified that there is “little data” on whether children benefit from the COVID-19 vaccines.

Health issues …

Florida’s preventable deaths rose during the pandemic. It wasn’t just COVID. - Florida has recorded 17,000 unexpected or excess deaths from preventable health issues other than COVID-19 since the start of the pandemic. Some were likely because the pandemic led people to put off checkups, surgeries and other preventative health measures, according to a new study. Excess deaths are defined as those that exceed the number of expected deaths based on historical averages. [Source: Tampa Bay Times]

State Surgeon General Dr. Joseph Ladapo called on Floridians to get tested for HIV on Monday. He was joined by Lt. Gov Jeanette Nuñez who said the DeSantis administration will be using all of the available federal funds for HIV testing and treatment. According to the state Department of Health, more than 4,500 Floridians were diagnosed with HIV for the first time in 2019. According to the Centers for Disease Control and Prevention at least one in eight Americans unknowingly have the disease. Florida Politics / Health News Florida

Campaigns and Elections …

“Ron DeSantis raised more than $3.6M in first half of June” via Jacob ogles of Florida Politics — DeSantis hauled in $3.6 million in the first half of June through his campaign account and his political committee. Campaign reports filed Friday show a continued dominance when it comes to dollars. Some notable donations include six-figure checks from Vegas Golden Knights owner Bill Foley’s investment fund, a company run by nursing home investor Michael Bleich, and former Illinois Gov. Bruce Rauner. More than $1 million of that came in through the official campaign account for DeSantis and Lt. Gov. Jeanette Nuñez. Another nearly $2.6 million flowed to Friends of Ron DeSantis. While the two accounts are also spending substantially as well, the political committee closed the month with almost $107 million in cash on hand, with DeSantis’ candidate account holding another roughly $7.4 million in the bank.

“One of Florida’s biggest unions backs Crist for Governor” via Anne Geggis of Florida Politics — One of the state’s largest unions weighed in on the heavily contested Democratic Primary and in what they called a “landslide” vote Friday, decided Crist is the best candidate to beat DeSantis. Crist is in a contest for the Democratic nomination with Agriculture Commissioner Nikki Fried for the right to compete with DeSantis in November’s General Election. And at the union’s convention in Orlando, 143,470 voted “yes” for Crist out of 162,979 votes cast. “The Florida AFL-CIO believes that whether in Tallahassee or Washington, Crist has governed fairly and in a way that takes into account the workers that make Florida, and America, run,” the union tweeted Friday afternoon.

“Marco Rubio endorsees Aaron Bean for CD 4” via Drew Wilson of Florida Politics — U.S. Sen. Rubio is backing Bean in the race for Florida’s 4th Congressional District. Bean is running for the Republican nomination in the Aug. 23 Primary Election, the winner of which will move on to face the Democratic nominee in November. "Aaron Bean is a principled conservative leader and business owner who knows what Florida families need and will stand up for our values in Washington,” Rubio said. “I have considered Aaron a friend since we served together in the Florida House, and I am so glad that he’s put himself forward to serve the people of Northeast Florida in Congress. I am proud to endorse Aaron Bean's campaign for Congress."

Ashley Moody, Jimmy Patronis endorse Aaron Bean for CD 4 — Attorney General Moody and Chief Financial Officer Patronis both backed Bean in the Republican Primary for Florida’s 4th Congressional District. Moody said, “I am proud to stand with Aaron Bean and encourage all Republicans in CD 4 to support sending Aaron to Washington as your next congressman.” Patronis added, “Aaron Bean is a proven leader who has Floridian’s best interests at heart, and I know he will bring our shared strong conservative principles to Washington.” Bean, a term-limited state Senator, is one of three Republicans running for CD 4, which covers portions of Nassau, Clay and Duval counties. However, the district is expected to perform Republican in the General Election.

“National Democrats target Florida voters with abortion-themed ad buy” via Jacob Ogles of Florida Politics — The Democratic National Committee (DNC) is launching a new ad targeting Florida voters regarding abortion access. The ad focuses on the prospect of a nationwide abortion ban, kicking off with grainy footage of former Vice President Mike Pence. “We may well be on the verge of an era when the Supreme Court sends Roe v. Wade to the ash heap of history where it belongs,” Pence says. Standing in front of a backdrop with the words “Advancing American Freedom,” he made the statement at a gathering for the Susan B. Anthony List, a pro-life group.

Fresh from qualifying unopposed in Senate District 37, state Sen. Jason Pizzo is pledging $500,000 to support “real Democrats” in their contested races, including Senate Democratic Leader Lauren Book, Florida Politics reports.

Miscellaneous …

Allende to Lead DMS - Gov. Ron DeSantis appointed Pedro Allende on Tuesday to be the new secretary of the Department of Management Services following the departure of former agency head Todd Inman. Allende is an attorney from Miami who has experience at the federal departments of Energy, Labor and Homeland Security. Allende is currently an appointed member of Florida's Cybersecurity Advisory Council. "His knowledge and experience protecting critical infrastructure against cybersecurity threats will bolster our efforts to protect Floridians' data and keep our communities safe," said DeSantis. The Department of Management services is known as "the business arm of state government" and houses 1,000 employees. Inman was appointed in June of last year but recently resigned to move to Washington D.C. after his wife was promoted at a global company. DeSantis Press Release / Florida Politics