Legislative Update - December 12, 2022

With the new six-year lobbying ban going into effect on December 31, 2022, several agency heads and other top personnel are leaving their positions.  The ban blocks former agency heads from lobbying the executive branch and the legislature for 6 years.  Currently, only a two-year ban on lobbying exists under state law for certain elected officials.  Sor far, Simone Marstiller, the Agency for Health Care Administration (AHCA) and Dane Eagle, Secretary of the Department of Economic Opportunity have decided to leave so they can take advantage of lobbying after two years.  Terry Rhodes, the longtime Executive Director of Florida Highway Safety & Motor Vehicles, is retiring in January.  We are expecting a few more people to leave their jobs by the end of the year.

“Joe Harding resigns after wire fraud, money laundering indictment” via Peter Schorsch of Florida Politics — Rep. Harding is resigning his House District 24 seat following an indictment Wednesday on wire fraud, money laundering, and making false statements. His resignation is effective immediately. “To my many colleagues that have reached out to me, including many I have deep policy disagreements with, thank you. It has been the honor of a lifetime to serve alongside you for the past two years,” Harding wrote in an extended statement announcing his decision. Harding wrote that he cannot comment on the details of his case.  He was the sponsor of the “Don’t Say Gay” bill during the last legislative session.

“Despite Hurricane Ian, Florida’s October revenues beat expectations by $140M” via Gray Rohrer of Florida Politics — Florida received $3.23 billion in revenues in October, about $141.4 million above state economists’ projections, a monthly revenue report released by the Office of Economic and Demographic Research shows. The numbers come despite losses of economic activity due to Hurricane Ian. The monthly revenue reports typically reflect the economic activity of the previous month, so this report stems from September’s economic yield. Despite hitting at the end of the month, Ian put a $67 million dent in the state’s revenues for that period.

Governor …

Gov and Cabinet to Meet in January - The governor and Cabinet will hold a meeting Jan. 17 at the Capitol. The executive branch panel of independently elected members has met only once in 2022. Florida Cabinet

Five top-dollar donors will receive perks during Gov. Ron DeSantis' 2023 inauguration celebration, including 10 tickets to a candlelight dinner, VIP seating and a photo opportunity with the governor. The most expensive sponsorship package is worth $1 million in contributions to the Republican Party of Florida. Prize packages start at $25,000 and offer similar benefits but fewer tickets. Only five packages each are available in the $1 million and $500,000 range. DeSantis' second term as governor begins Jan. 3. Florida Politics / Politico 

“Ron DeSantis among TIME’s 2022 Person of the Year finalists” via Jesse Scheckner of Florida Politics — DeSantis is among the finalists for TIME’s “2022 Person of the Year” honors. TIME revealed its shortlist, which its editors whittled down to a list of 10 based on who they believe had the most influence on the world this year. Also in contention are all nine members of the U.S. Supreme Court, protesters in Iran and American gun safety advocates. DeSantis’ popularity among stalwart conservatives and Republican converts has soared over the last couple of years, extending far beyond the Sunshine State’s borders and establishing him as the biggest threat to Trump’s position as the face of the GOP.

“DeSantis to offer VIP access to his inauguration — for between $50K to $1 million” via Gary Fineout of POLITICO — DeSantis’s inauguration celebration is expected to be spread out over two days and will give up-close access to donors willing to contribute between $50,000 and $1 million. Five donors who give $1 million to the Republican Party of Florida will be recognized as “inaugural chair” sponsors who will receive tickets to a candlelight dinner the night before the inauguration, VIP seating at the inauguration ceremony held on the steps of the Old Capitol as well tickets to the inaugural ball and a “Toast to One Million Mamas,” the campaign group put together by First Lady Casey DeSantis, and a photo opportunity with the Governor.

Though a DeSantis spokesperson said he “doesn’t make U-turns,” a plan is in the works and will be made public soon to reverse the decision to strip the Walt Disney Co. of the right to govern the land that includes Disney World, USA TODAY reports. 

Supreme Court …

Legal challenges to candidates seeking seats on two appellate courts took another twist after plaintiffs filed requests to disqualify Florida Supreme Court Justice Renatha Francis from the cases, the News Service of Florida reports. 

Senate …

“Freshman Senators to lead major panels as committee assignments handed out” via Gray Rohrer of Florida Politics — One of Corey Simon’s first tasks as a new member of the Legislature is to serve as one of the top drafters of education policy in the state’s K-12 schools. He’s one of several new faces in the Senate given big jobs by Senate President Passidomo, a Naples Republican, when she unveiled committee assignments for members. Sen. Clay Yarborough, a Jacksonville Republican, was placed as Chair of the Judiciary Committee. Sen. Jonathan Martin is now Chair of the Criminal Justice Committee. Several other GOP Senate newcomers were put in charge of major policy areas in the upper chamber, such as Bryan Ávila (Governmental Oversight and Accountability), Colleen Burton (Health Policy), Alexis Calatayud (Community Affairs), Jay Collins (Agriculture), Nick DiCeglie (Transportation), Erin Grall (Postsecondary Education), Blaise Ingoglia (Finance and Tax) and Jay Trumbull (Commerce and Tourism).

“Senate President Kathleen Passidomo shows some bipartisanship” via Jesse Scheckner of Florida Politics — Passidomo has selected committee Chairs for the next two years, and like her predecessor, she named several Democrats to leadership roles in a show of bipartisanship. But unlike Wilton Simpson before her, she did not name any Democrats to full Chair positions, giving only Democratic Sen. Jason Pizzo an alternate Chair role on the Joint Legislative Auditing Committee. He’ll have to cede that job to Republican Rep. Mike Caruso after a year.

House …

“Paul Renner assembles Majority Office team, names committee leadership” via Renzo Downey of Florida Politics — In less than two weeks on the job, House Speaker Renner continues to build out his leadership depth chart. The Palm Coast Republican on Friday announced committee and additional Republican leadership for the coming year. The list includes several first-time chairmanships at the subcommittee level. It also includes new faces at the core of Majority leadership. Rep. Michael Grant was already set to return as Majority Leader, but Reps. John Snyder and Adam Botana join the Majority Office. Snyder will be Deputy Majority Leader and Botana will be Chief Floor Whip.

Renner Names Committee, Majority Office Leadership - House Speaker Paul Renner announced additional Republican leadership, including committee chairs, subcommittee chairs, vice chairs and whips for the 2022-23 legislative session. Renner, who recently made significant changes to his chamber's committee structure, has already selected his main committee leadership but has yet to finalize committee rosters. There will be nine main committees and 23 subcommittees, with restructuring focused on infrastructure and school choice. Renner announced Friday that joining Majority Leader Michael Grant of Port Charlotte in the House Majority Office will be Rep. John Snyder of Stuart, who was named deputy majority leader, and Rep. Adam Botana of Bonita Springs, who will serve as chief whip. The first interim committee week for the upcoming session is scheduled for the week of Dec. 12, which is the same week lawmakers are slated to meet for a weeklong special session on property insurance. Special session bills will most likely be considered by panels that relate to commerce and insurance and banking. The new Commerce Committee will be led by Naples Rep. Bob Rommel, with Shalimar Rep. Patt Maney serving as vice chairman and Sweetwater Rep. David Borrero serving as whip. The updated Insurance & Banking Subcommittee leadership consists of Jacksonville Rep. Wyman Duggan, who was named chairman, and the new vice chairman, Miami Lakes Rep. Tom Fabricio. Renner Press Release / Florida Politics 

Legislator University Scheduled - The House will train new lawmakers and staff over the next two weeks in preparation for the 2023 legislative session, House Speaker Paul Renner said. Beginning this week, House members and their aides will learn about the appropriations process and get a rundown of state property insurance law, including an overview of the state-backed Citizens Property Insurance Corporation. Additional courses may be scheduled for the week of Dec. 12. The training events, known as Legislator University, will take place between Dec. 6-16. House Memorandum 

Budget Forms Released - The House released its Appropriations Project Request Form for fiscal year 2023-24 late last week, along with other materials. The new 2022-24 House Rules eliminate the requirement for appropriations projects to be filed as a bill, so they will no longer need to be heard in committee. Forms are due by 5:00 p.m. on Monday, Feb. 13, and will be posted online. LobbyTools Budget Materials / LobbyTools 2023 Appropriations Project Bills

Driskell Names Democratic Leadership Team - Democratic House Leader Fentrice Driskell announced minority deputy whips for the 2022-24 legislative term on Thursday. Driskell tapped Kissimmee Rep. Kristen Arrington, Miami-Gardens Rep. Christopher Benjamin, St. Petersburg Rep. Michele K. Rayner-Goolsby, Tallahassee Rep. Allison Tant and Hollywood Rep. Marie Paule Woodson to serve on her leadership team. The deputy whips, all initially elected in 2020, will assist Democratic Caucus Whip Christine Hunschofsky of Parkland, who was also elected that same year. Driskell, who represents part of Hillsborough County and was initially elected in 2018, will be the first Black woman to serve as the Florida House Democratic Caucus leader. Driskell had already last month named other Democratic leaders, which included Miami Rep. Dotie Joseph as leader pro tempore, Boca Raton Rep. Kelly Skidmore as policy chair, and Davie Rep. Mike Gottlieb as floor leader. Republicans will have more than a two-thirds majority in the House, however, outnumbering Democrats 84-35 after the GOP grew its majority from 78 of 120 following the November elections. Earlier this year, Driskell was unanimously chosen by her colleagues after former North Florida Rep. Ramon Alexander, who was next in line to lead the party, decided not to seek reelection following sexual harassment allegations. Leaders usually only serve two-year terms but Democrats already chose Driskell to lead them in 2024, meaning she could have four years in charge of the caucus if she's re-elected. Driskell Press Release

DIANNE HART has been elected chairwoman of the Florida Legislative Black Caucus. Hart, D-Tampa, represents District 63 in the Florida House.

Special Session …

“James Madison Institute property insurance paper targets attorney fees ahead of Special Session” via Gray Rohrer of Florida Politics — With the Legislature poised to return to the Capitol on Dec. 12 for a Special Session to pass changes to the state’s property insurance laws amid a free-falling market, Tallahassee-based conservative think tank James Madison Institute released a paper outlining steps to solve the issue. Step one: Eliminate Florida’s one-way attorney fee law. “In order to restore sanity and predictability to the state’s insurance system, one-way attorney fee laws must be repealed and insurance litigants should have to follow the common-law American rule — that parties bear their own litigation costs, the rule applicable in most states and for most types of litigation,” Christian Camara, a senior fellow at the institute, wrote in the paper.

Jimmy Patronis calls Special Session proclamation ‘welcomed news’ — CFO Patronis said the announcement of the Special Session on insurance and hurricane recovery is ‘welcomed news’ in a statement issued through his office. He said the Special Session “demonstrates strong leadership by the Governor, President of the Senate and Speaker of the House. It also highlights the warped financial incentives that have made Florida No. 1 in the country for property insurance lawsuits and No. 1 in the country for insurer instability and rate increases.” Ahead of the announcement, Patronis announced his office will “pursue legislation to ban Assignment of Benefits (AOBs) and stop bad actors from profiting off disasters.”

“Democrats outline their plan for solving the state’s property insurance woes” via Anne Geggis of Florida Politics — A Special Session next week on property insurance is triggering a bipartisan hope that the state’s crisis can be stopped from spiraling out of control, and House Democrats are releasing specific steps they believe will make that happen. House Democratic Leader Fentrice Driskell said her caucus will push for more than tinkering at the edges to stop spiraling insurance rate increases, prevent insurance companies from going belly up, and ensure more consumers don’t depend on the state’s insurer of last resort, Citizens Insurance. “Our caucus believes those changes need to be robust,” Driskell said.

“Florida Justice Association: Lawsuits serve as ‘scapegoat’ in Florida property insurance crisis” via Gray Rohrer of Florida Politics — Florida’s property insurance crisis, which has seen six companies fail this year as premiums have drastically increased and other companies have canceled policies, isn’t the fault of rampant lawsuits, the Florida Justice Association (FJA) said. The trial lawyer group reacted to the proclamation from legislative leaders for a Special Session to deal with the property insurance issue by saying lawsuits, which insurers have blamed for their billions of dollars in losses in recent years, are the result of companies not paying claims. “Litigation isn’t the problem — it’s the scapegoat,” the FJA’s property insurance section Chair Amy Boggs said in a released statement. The proclamation issued Tuesday included reducing lawsuit costs among the issues for lawmakers to address during the weeklong Session that begins Dec. 12.

“Toll credit program in mix as legislative leaders issue proclamation for Special Session” via Gray Rohrer of Florida Politics — Florida’s legislative leaders, Senate President Kathleen Passidomo and House Speaker Paul Renner, released their official proclamation for a Special Session, calling their colleagues to convene next Tuesday to stabilize the property insurance market and remove or reduce property taxes for Hurricane Ian victims. DeSantis previously mentioned those issues as the main need for a Special Session, but another topic was included in the proclamation: a toll credit program pushed by DeSantis to give commuters a break on road fees. With a large surplus of $17 billion, DeSantis cut tolls for commuters who go through at least 40 toll booths in a month.

Business …

State regulators approved utility costs that will translate to higher electric bills in January for homeowners and businesses – and the pain won’t end there.

Inflation is slowing the commercial building boom in South Florida, with some developers delaying projects because of rising costs. Sun Sentinel

Survey: 20% of Firms Likely to Need Layoffs - About one in five Florida senior executives say they have already had to initiate layoffs, or plan to do so in the new year, according to a survey. Only about half of executives say their firms won't consider layoffs in the next six months. Times-Union

Gas Prices Continue to Drop - Gas prices in Florida continue to slacken amid global jitters over the demand for oil and an increase in output from U.S. oil refineries.

According to data posted by the auto club AAA on Monday, the average gallon of gas in Florida was selling for $3.27 --- the lowest since the price was at $3.22 a gallon on Oct. 6, when the state’s month-long gas tax “holiday” began.

The tax break, which lifted 25.3 cents per gallon on fuel, ended Oct. 31.

“Florida gas prices have plunged 30 cents in the past three weeks, due to low oil prices and strong gasoline supplies," AAA spokesman Mark Jenkins said in a press release on Monday. “The downward momentum should continue this week. Unless fundamentals change, the state average could drift below $3.20 per gallon by next weekend.”

The highest average continues to be in the West Palm Beach market, at $3.50 per gallon on Sunday. Other highs are in Gainesville, at $3.45 per gallon; Naples, at $3.41 per gallon; and Miami, at $3.36.

The lowest averages remain in Northwest Florida, with the Pensacola region at $3.01 a gallon and Panama City at $3.02.

Orlando, meanwhile, is at $3.23 a gallon, with Tampa at $3.26 and Jacksonville at $3.27.

The state average, which was $3.30 a gallon a year ago, has been on a slow decline for 25 consecutive days, a day shorter than the length of time the national average has dropped.

The national mark stood at $3.40 a gallon on Monday.

“Lawmakers break Florida’s improvement streak in latest ‘Judicial Hellholes’ report” via Renzo Downey of Florida Politics — For the first time in four years, Florida failed to improve its “judicial hellhole” standing. The holdup? The Legislature. In the latest edition of its annual Judicial Hellhole Report, the American Tort Reform Association (ATRA) says the Legislature has done little to mitigate lawsuit abuse in the Sunshine State even after DeSantis and the Florida Supreme Court have made strides in improving the state’s litigious environment. ATRA praised the Governor and the courts last year for improving the state’s environment for three years running. Although no Florida jurisdiction made it in the 2021 or 2022 Judicial Hellhole rankings, ATRA named the legislative branch at the top of its watchlist for the second year in a row.

COVID …

The governor announced he’s joining state Surgeon General Joseph Ladapo to go after mRNA COVID vaccine manufacturers such as Pfizer for “misleading about the efficacy of their vaccines,” Red State reports.

“Surgeon General repeats opposition to COVID-19 vaccines” via Cindy Krischer Goodman of the South Florida Sun-Sentinel — As federal health officials embarked on a campaign this week to get more Americans boosted for COVID-19, Joseph Ladapo is digging in on social media on an earlier claim that the mRNA vaccines are unsafe and linked to deaths from myocarditis. “mRNA COVID-19 vaccines are far less safe than any vaccines widely used,” Ladapo tweeted on Dec. 2. He claims a new study of 35 deaths out of Heidelberg, Germany is “consistent” with the results of a Florida analysis of deaths. A small German study shows 5 out of 35 people who died within 20 days of a COVID-19 vaccine had myocarditis as a cause of death.

Campaigns & Elections …

U.S. Sen. Marco Rubio reportedly plans to release a book next June, sparking rumors the Florida senator will make a second bid for the presidency in 2024, Fox News reports.

As he is seen more and more as a 2024 presidential candidate, taking on “the elites” has become a go-to brand for DeSantis – who attended Yale University and Harvard Law School and served half a dozen years as a congressman, The Hill reports.  

Government watchdog group Integrity Florida released a report on the use of “ghost candidates” to affect elections, with the group saying the use of such candidates in three 2020 races “crossed the legal and moral line,” the Tampa Bay Times reports

Voting rights advocates and others say the arrests caused by DeSantis’ election crimes unit discouraged tens of thousands of potentially eligible voters with felony records to not take part in midterm elections, USA TODAY Network-Florida reports

Another felon voting case dismissed: A Miami judge tossed out another case brought by DeSantis' election crimes unit, this one against Ronald Lee Miller, a felon who was ineligible to vote but who received a voter ID card. Miller's attorney had a strong opinion on the real reason for the case.