Legislative Update - October 28, 2022

With less than 2 weeks before the General Elections, campaign ads are flooding the airwaves and mailboxes.  Former President Donald Trump has planned to campaign for Senator Marco Rubio in Miami on Sunday.   Missing from his program is Governor Ron DeSantis.  And President Joe Biden is heading to South Florida on November 1 to rally support for Gubernatorial candidate, Charlie Crist and other Democratic candidates. 

Debate … In a night filled with insults, a jeering crowd, and two candidates who found little common ground, Gov. Ron DeSantis and Democratic challenger Charlie Crist shared the stage for the first and only time of the 2022 gubernatorial campaign Monday.

Although both candidates shook hands at the debate’s conclusion, the barbs jabbed at each other are set to linger for the next two weeks until Election Day on Nov. 8.

DeSantis is the front-runner in the race and eyes a ticket to four more years in the Governor's Mansion, running on a record of Florida’s economic strength and furthering conservative values. For Crist, a former Congressman and Republican Governor, Monday night’s debate was an opportunity to tell voters DeSantis lacks the demeanor to lead Florida and the willingness to commit to another full four years as Governor.

—“Five takeaways from the only Florida Governor debate between DeSantis and Charlie Crist” via Steve Contorno of CNN

Governor …

Gov. Ron DeSantis texts with Tampa Bay Buccaneers quarterback Tom Brady, according to Wisconsin's governor. There's been no comment from either DeSantis or Brady about what they text about. USA Today / New York Times

Judge Orders Gov's Office to Produce Migrant Flight Records - Leon County Circuit Judge J. Lee Marsh ordered Gov. Ron DeSantis' office on Tuesday to provide communication records connected to the Martha's Vineyard migrant flights within the next 20 days. Last month, two plane loads of mostly Venezuelan immigrants were flown from Texas to the Massachusetts island of Martha's Vineyard as part of a DeSantis administration program to send migrants to sanctuary states. Earlier this year, Florida lawmakers appropriated $12 million in federal COVID-19 relief assistance to transport migrants out of the state but the move has since been met with controversy and litigation. The Florida Center for Government Accountability filed a lawsuit against the governor's office over a delay in handing over information. DeSantis' office did release some records but many were redacted and Marsh, who was appointed by former Republican Gov. Rick Scott, found that the governor's office was not complying with the state's public records law. Attorneys for the governor argued that they should have until Dec. 1 to turn over the requested documents due to limited staffing, numerous public records requests and an ongoing federal lawsuit. Lawyers for DeSantis also accused the open-government group of "weaponizing the public records law so they can jump everyone else." But Marsh noted that under Florida law, he could have ordered the administration to hand over the information within 48 hours and is instead giving the office nearly three weeks. Some of the records requested included text messages and call logs between DeSantis' Chief of Staff James Uthmeier and state Safety Czar Larry Keefe, who allegedly helped coordinate the flights. "The governor has been held accountable to his constitutional duty to provide public access to records," said Florida Center for Government Accountability Director of Public Access Michael Barfield after the judge gave his verbal ruling. "The rule of law has prevailed." The U.S. Treasury Department is also investigating whether the DeSantis administration misused federal COVID-relief funds to pay for the migrant flights. Additionally, Sen. Jason Pizzo, a Miami Democrat, filed a lawsuit seeking to block the governor from spending any more state money on transporting migrants out of state. That lawsuit is expected to go before a circuit court judge next month. Politico / WTSP 

Business issues …

Chamber Discusses Industry, Lawsuit Reform - Over the past two days, the Florida Chamber of Commerce held its annual meeting and Future of Florida Forum in Orlando. Presenters discussed topics such as increasing manufacturing in the state, investing in Florida's technology and the space industry and creating more opportunities for those with criminal records to fill open positions in the job market. Other issues included investing in education and expanding employee benefits, especially for those who have families. A new initiative announced at the event relates to a recently formed group that is tasked with identifying ways to limit expensive, timely and frivolous lawsuits. The Council of General Counsels, which is composed of company general counsels, litigation directors and risk managers, aims to improve the state's civil justice system. Attendees heard from American Tort Reform Association President Sherman "Tiger" Joyce, who said the growing number of lawsuits in the state has cost Floridians billions, impacted gross domestic product and taken 170,000 jobs in South Florida alone. "It is real and it affects not just those of you in business, but all of us as consumers," said Joyce. The Florida Chamber is a business advocacy group that focuses on strengthening the state's economy. Florida Politics

Miami, Tampa Home Prices Led Nation in Increases in August - While the surging growth in home prices of the last year has started to slow around the country in the face of higher interest rates, the Miami and Tampa areas continued to lead the nation in increasing home prices in August, according to the latest S&P CoreLogic Case-Shiller measure of U.S. home prices. Miami saw a 28.6% increase in home prices in the month year-over-year, while Tampa home prices rose 28% between August of 2021 and this past August. Florida Realtors   

“Florida gas prices dip slightly; spike possible as state gas tax holiday ends” via Karl Etters of the Tallahassee Democrat — Gas prices in Florida dropped by 6 cents in the last week, a small decline that could continue until the end of the month. The average price per gallon landed at $3.36 on Sunday, according to the weekly briefing from AAA —The Auto Club Group. AAA spokesperson Mark Jenkins said there could be increases as November begins when the state’s gasoline tax holiday ends. “Oil prices dropped 8% two weeks ago, then hung relatively steady last week, enabling pump prices to decline,” Jenkins said in his weekly briefing. “Drivers should see pump prices drift even lower this week. But a sudden jump at the pump is likely on Nov. 1, when the state's gasoline tax holiday ends.”

“DEP air quality data shows emissions in Florida are the lowest on record” via Florida Politics — Emissions in the state of Florida are the lowest on record, according to the Florida Department of Environmental Protection (DEP), despite seasonal impacts from Saharan dust and wildfires. On Oct. 13, for example, the DEP website noted good air quality in every region it monitors, from the Panhandle to South Florida. The DEP measures the Air Quality Index, with levels 0-50 being good, 51-100 as moderate and 101-150 as unhealthy. Throughout the year, air quality in the state has consistently met hourly air quality standards and only occasionally exceeded daily standards, according to monthly monitoring reports on the DEP’s air quality reporting webpage.

Hurricane Updates …

“Hurricane Ian’s lucrative cleanup deals generate new storm” via Mike Schneider of The Associated Press — It has been a month since Hurricane Ian wiped out parts of southwest Florida. Now multimillion-dollar cleanup contracts are generating new tempests in the Category 4 storm’s wake. Contractors who remove debris and perform post-storm repairs are fighting over local government contracts that could be worth tens of millions in tax dollars. The skirmishes offer a preview of likely fights over local, state and federal funds that will be distributed over the next several months to help southwest Florida get back on its feet. A case in point is the recent contentious expansion of a land-based storm debris removal contract that had been put out to bid well before the hurricane.

Florida offering $5 million to help needy hurricane victims pay insurance deductibles - The Florida Housing Finance Corp. is providing $5 million to help low- to moderate-income families and individuals in six counties hit by Hurricane Ian to pay their homeowners’ property insurance deductibles. The corporation serves as the state’s housing finance agency and receives state funding for the State Housing Initiatives Partnership, known as the SHIP program. Some $5 million is set aside to be used in natural disasters and that money will now be allocated to homeowners in Charlotte, Collier, DeSoto, Hardee, Lee and Sarasota counties in southwest Florida. More from the Insurance Journal.

The Florida Hurricane Catastrophe Fund can handle losses from Hurricane Ian but may need to borrow billions next year at now steep interest rates.Insurance Journal

—“Universal theme parks post strong finances despite Hurricane Ian” via Gabrielle Russon for Florida Politics

More than $50 million has been raised and $7 million distributed by the Florida Disaster Fund to national, state and local nonprofits and support organizations aiding in the recovery from Hurricane Ian. Some observers say the money is needed, but question whether there's oversight of the fund, which collects money from donors to Gov. Ron DeSantis. Orlando Sentinel

The death toll in Florida from Hurricane Ian, which hit Southwest Florida late last month, is now 118, according to the state Medical Examiners Commission. Lee County, which includes Fort Myers, had the most deaths, 57, followed by Sarasota, Charlotte and Collier counties, each of which had 8. Florida Medical Examiners Commission 

DOH: Flu Cases Above Average - The Florida Department of Health reported that flu cases from August to September were above average, suggesting an aggressive flu season, while COVID-19 infections still remain in the background. Other indicators of a harsh flu season come from countries on the other side of the globe that already experienced winter, including Australia, which saw its most severe flu season in five years. While the COVID-19 positivity rate in the state has decreased to 7.1%, health officials are still urging residents to get the new booster shot and receive a flu vaccine as well. WMFE

President Joe Biden received the new COVID-19 booster shot this week and urged Americans to get the jab before the upcoming holiday season. The new "bivalent" shot, a mix of two previous vaccines, is intended to protect against the original COVID-19 virus and the BA.4 and BA.5 omicron subvariants that became dominant strains over the summer. More than 20 million people have received the new booster, according to the White House. Associated Press / CNN / New York Times / The Hill 

Walgreens, Uber and DoorDash are partnering to offer free delivery to eligible Americans with the COVID-19 antiviral treatment Paxlovid, according to the White House. Free delivery will be provided to patients who live in "socially vulnerable or medically underserved communities." The new program is a part of the Biden administration's initiative to prevent a winter COVID surge. Paxlovid is an oral antiviral used to help fight infection by stopping the coronavirus from replicating in the body, sometimes preventing high-risk individuals from needing hospitalization. Health News Florida

Campaigns and Elections …

Crist, DeSantis Highlight Stark Differences in Only Debate - Gov. Ron DeSantis and Democratic gubernatorial challenger Charlie Crist participated Monday in their only debate of the election, with voters already casting ballots. The debate was heated, with Crist scolding DeSantis for championing divisive policies. "You need to lead by uniting people, not dividing them," said Crist, a former governor and member of Congress, who also was a Republican until 2010. But DeSantis doubled down on some of his most controversial decisions, touting his record on barring transgender girls from competing on public school sports teams and backing a law that bars instruction related to sexual identity in lower grades, as well as the state's new 15-week abortion ban, which Crist called "callous and barberic." Crist also pressed DeSantis to commit to serving a full second term as governor, which DeSantis, often mentioned as a 2024 Republican presidential hopeful, wouldn't do. DeSantis tried to tie Crist to President Joe Biden. The governor also criticized Crist for perceived political expediency. For example, DeSantis accused Crist of only supporting abortion rights to win votes, noting that when Crist was a Republican he characterized himself as "pro-life." Associated Press / City and State Florida / CNN / Axios / New York Times

Five big voter registration takeaways - Florida has 14,503,978 registered voters for the general election. That is up more than 9 percent from the 13,278,070 registered voters during the 2018 midterm election. The state this year has 5,277,394 registered Republicans, 4,971,444 registered Democrats and 3,992,985 unaffiliated voters, with the rest of the voters scattered among third parties. The Coalition With A Purpose Party has the fewest registered voters, with 69. More from the News Service of Florida.

How Easy is it to Vote in Florida? New Report Says State is Slightly Below the Middle - A new academic report on the ease of voting says Florida is behind most states in how easy it is to cast a ballot, but better than some. Florida ranks 33rdin the country for voting access, according to the nonpartisan 2022 Cost of Voting Index published in the Election Law Journal. New Hampshire ranked last, followed by Mississippi. The authors of the report said 19 states passed at least 33 new laws that "made voting more difficult," in 2021, while 25 states passed 62 laws that eased the process. Axios Miami

“Number of Republican ballots already cast now exceeds Democratic votes in Florida” via Jacob Ogles of Florida Politics — The number of registered Republicans who already voted ahead of Florida’s Nov. 8 election now exceeds that of Democrats.

Fresh Take Florida’s tracking database showed by 9:30 a.m. on Thursday, Oct. 27, Republicans overtook Democrats. At that point, 794,199 Republicans had already had mail-in ballots received or had voted early. A total of 793,066 Democrats had voted by that point, along with 372,571 registered with no party or with smaller parties. That lead continued to expand through the day.

“Joe Biden making two South Florida stops next week ahead of Election Day” via NBC Miami — Biden will make two South Florida stops next Tuesday, one week before voters head to the polls in the Midterm Election. Biden, who is scheduled to attend a fundraising reception in Fort Lauderdale for Democratic gubernatorial candidate Charlie Crist, will also take part in a “Get Out the Vote” rally in Miami Gardens. The Miami Gardens event will take place from 4 p.m. to 7 p.m. at the Florida Memorial University Wellness Center. Biden was scheduled to come to Fort Lauderdale on Sept. 27, but the event was canceled due to Hurricane Ian making landfall the next day in southwest Florida. Biden last made an appearance in South Florida in 2021 after the collapse of the Champlain Towers in Surfside.

—“Florida newspapers line up behind Charlie Crist in Governor’s race; how much does it matter?” via Michael Moline of the Florida Phoenix

—“Donald Trump isn’t waiting for 2024 to snub Ron DeSantis” via Chris Cillizza of CNN

Former President Trump's allies in South Florida took notice of DeSantis' non-committal nonresponse to whether he would serve a complete second term as Florida governor if he wins his Nov. 8 reelection bid, the Palm Beach Post reports. 

Strong Cuban-American Support Gives DeSantis Lead Among Latinos - Hispanic voters in Florida tell pollsters they prefer Gov. Ron DeSantis over Democrat Charlie Crist in the upcoming gubernatorial election. A Telemundo/LX News poll shows DeSantis with a 51% to 44% lead among Latino voters statewide, and a 56% job approval rating. DeSantis' strength among Latino voters is provided mostly by Cuban-Americans, 72% of whom back the governor over Crist. The Democratic challenger, however, leads DeSantis 59% to 37% among voters of Puerto Rican descent and 53% to 43% among other non-Cuban Hispanics. The poll found Latino voters divided, but generally in favor of, DeSantis' policy of removing migrants awaiting decisions on asylum claims by paying to fly them to other jurisdictions, Latino voters born outside the United States backed the removal policy more strongly, by 52% to 41%. Those born in the United States favored the policy by 49% to 45%, a difference, however, about equal to the margin of error in the poll. Miami Herald / NBC News 

Patronis Pulls In $589K - With the Nov. 8 election approaching, Republican state Chief Financial Officer Jimmy Patronis collected more than $589,000 for his political committee and campaign from Oct. 15 through Friday, according to newly filed finance reports. Patronis’ Treasure Florida committee raised $527,000 during the week-long period and had about $3.66 million on hand as of Friday. Meanwhile, he raised $62,427 for his campaign account, which had about $1.2 million on hand. Large contributions to the committee during the period included $100,000 from Slide Insurance Holdings, Inc.; $50,000 from Duke Energy; $25,000 from NextEra Energy Capital Holdings; and $25,000 from Comcast Corp., a report posted Thursday on the state Division of Elections website said. Patronis’ election opponent, Democrat Adam Hattersley, raised $17,793 for his campaign account during the period and had about $32,000 on hand.

“Floridians with past convictions wary of voting after wave of arrests” via Amanda Rabines of the Orlando Sentinel — Those arrested for casting a ballot in the 2020 Election had previous convictions for murder or felony sex offenses, which are exceptions to the rights restoration amendment. But in almost all instances, the accused ex-offenders were issued voter registration cards before they went to the polls — despite their ineligibility. Neil Volz, deputy director of the Florida Rights Restoration Coalition, said more than 216,000 felons were registered to vote in August, adding that these individuals need help from the state to determine if they’re eligible to vote. “After the August arrests we definitely saw these anxieties about the confusion in the system,” he said. “If we can get the verification process fixed on the front end, then nobody needs to get arrested on the back end, nor should they.”

Capitol …

Proposed DMS Rule Would Limit 'Message Lighting' at Capitol Complex - New rules around what is and isn't allowed at the state Capitol complex include regulations spelling out how and when special lighting – such as colored lights sometimes used to show support for a particular issue or group – can be used, a ban on "indecent" or overly violent displays, and limits on protests that could be considered a "disturbance." The proposed rules, drafted by the Department of Management Services and noticed in the Florida Administrative Register, say the governor may direct that the old Capitol be lit and legislative leaders can request such lighting, but "those reserving the steps or other surrounding property of the Historic Capitol may not cause the building to be lit to communicate a message or to support a cause or event." The proposal follows a request last year by gun control advocates to light the Old Capitol in orange to honor gun violence victims that was rejected by state officials. City and State Florida