Legislative Update - January 27, 2023

The Florida Legislature returned to Tallahassee for week four of seven committee weeks in preparation for the 2023 legislative session which begins on March 7th and concludes on May 5th.  House and Senate committees and subcommittees met throughout the week. Although panel members continued to hear presentations from agencies, several bills were also considered including one of the Speaker’s priorities relating to the expansion of school vouchers.

Next week, the Capitol will be quite as legislators are back in their districts for Delegation meetings.

Governor …

Governor Ron DeSantis announced the criminal justice initiatives he will be pursuing this Session to build upon Florida’s 50-year record low crime rate. The recommendations, presented during a press conference at the Miami-Dade Police Benevolence Association, include moving from unanimous decision to supermajority decision for death penalty cases, enhanced penalties for fentanyl trafficking and sex crimes, and increased funding for law enforcement to stop the sale of illegal drugs and combat human smuggling. “Here in Florida, we will continue to support and enact policies to protect our communities and keep Floridians safe,” DeSantis said.

Gov. Ron DeSantis said the Hometown Heroes Housing program, which included $100 million in funding in the state budget for law enforcement officers, firefighters, teachers, health care professionals, and active military or veterans to purchase a home, has doled out $50 million in down payment and closing cost assistance to eligible recipients. The program launched in June of last year and has so far helped nearly 3,500 Floridians purchase their first home in the community that they serve. DeSantis Press Release

DeSantis to Push for Changes to Death Penalty - Gov. Ron DeSantis told the Florida Sheriff's Association this week that he wants to change Florida's death penalty by getting rid of the required unanimous jury vote and allowing a supermajority vote to decide the verdict. "If you will never administer the punishment, you just can't be on the jury. Our law authorizes it. But you're in a situation where you have 12 jurors, and just one juror vetoes it, then you end up not getting the sentence," said the governor. DeSantis first floated the idea last year after three jurors voted against execution and instead sentenced the shooter in the Marjory Stoneman Douglas High School massacre to life in prison. Florida Politics

“DeSantis denounces ‘woke conceit’ of NHL seeking diverse workforce” via A.G. Gancarski of Florida Politics — The faceoff continues between DeSantis and the National Hockey League ahead of next month’s All-Star Game in the Sunshine State. At issue is not the play on the ice, but rather the chill from the Governor’s Office in the wake of what the NHL called an “informational session” looking for a more diverse workforce. The so-called “Pathway to Hockey Summit,” to be held Feb. 2 in Fort Lauderdale during the NHL’s All-Star Weekend, was originally tailored to “diverse job seekers who are pursuing careers in hockey,” but the NHL backed off that condition after pressure from the administration.

While finding that Gov. Ron DeSantis’ suspension of Hillsborough County State Attorney Andrew Warren violated the law, a federal judge grudgingly ruled that he lacked the power to reinstate the twice-elected Democrat, the News Service of Florida reports

With DeSantis expected in coming months to formally launch his bid for president, Surgeon General Joseph Ladapo is emerging as a central player in the governor’s outreach to vaccine skeptics and opponents who form part of the GOP’s voter base, USA TODAY Network-Florida reports

Florida Outlines Reason for Rejecting AP Course - The DeSantis Administration moved to block an AP African-American studies course for its inclusion of topics that included the Black Lives Matter Movement, Black feminism and reparations for slavery, according to a list of concerns provided to CNN by the governor's office. CNN

What's in the banned AP Black Studies course? NPR 

Nuñez: DeSantis Will Curb Diversity and Inclusion Efforts at Universities - The DeSantis Administration will be pushing universities to reduce or end diversity, equity and inclusion efforts at state colleges and universities, Lt. Gov. Jeanette Nuñez told the state's university system Board of Governors on Tuesday. Nuñez didn't go into deep detail on the plans, or say how much of the effort would come through agency rule and how much through legislation. She told board members, however, that "woke ideology," or "identity politics," have become too common at universities. "I believe one of the biggest threats that's infiltrating our universities is a permeating culture – one might call it woke culture, one might call it woke ideology, one might call it identity politics," Nunez said. "I do believe that some of these issues are taking hold. The policies they advocate are based on hate and based on indoctrination." The DeSantis administration earlier asked universities to identify their spending on programs that promote diversity and inclusion at their schools. The 12 public universities responded that they collectively are spending about $34.5 million this year on diversity, equity and inclusion efforts. About $20.7 million came from state funds. Nuñez implied that universities are being pushed to make diversity hires, or hiring people who promote diversity, equity and inclusion, by "hidden" groups. "We want to further empower our presidents to make sure that they own the responsibility of hiring individuals to work in their campuses and make sure it stays in the hands of the leader of the institution more so than in hidden hiring practices and faculty committees," she said. Tampa Bay Times

DeSantis Touts State Unemployment Rate - Florida's unemployment rate dropped to 2.5% last month, a rate not seen since 2006, according to the state Department of Economic Opportunity. December's unemployment rate fell 0.1% from November, making the state's unemployment rate one whole percentage point lower than the national average of 3.5%. Private sector employment in Florida increased by 425,800 jobs over the past year and the state's workforce as a whole grew by 3.5% in 2022, which is more than double the national growth rate of 1.6%. An estimated 5.7 million people are out of work across the U.S., but that number has decreased by 278,000 from a year prior. Currently, there are roughly 442,000 online job openings in Florida, down from 455,000 in December. "Florida continues to outpace the nation and withstand negative headwinds due to federal policy," said Gov. Ron DeSantis. "I look forward to building off our success with record tax relief in the upcoming legislative session." DeSantis Press Release / Center Square

Gov Chooses Three New Department Heads - Meredith Ivey, former chief of staff at the Florida Department of Economic Opportunity, is now the acting secretary of the agency following former secretary Dane Eagle's departure. The department, which has a $1.01 billion budget and over 1,500 employees, helps administer funds and programs across the state that support economic development. Eagle's last day was Dec. 30. At CareerSource Florida, Gov. Ron DeSantis tapped Adrienne Johnston to replace Michelle Dennard as President and CEO. Dennard's last day on the job will be Jan. 31. CareerSource Florida is a statewide workforce policy and investment board that implements workforce initiatives across the state's 24 local workforce development boards, aimed at connecting businesses with workforce and training needs. Mike DeNapoli was also named by the governor to serve as executive director of the Florida Housing Finance Corporation. DeNapoli will succeed Trey Price, who has led the organization since 2017 but is leaving on Feb. 1. DeNapoli served as the director of the Department of Economic Opportunity’s Office of Small and Minority Business Capital and as chairman of the Florida Development Finance Corporation. The Florida Housing Finance Corporation oversees affordable housing programs and projects in the state. Florida Politics

Gov. DeSantis has rounded out senior management in his administration, Florida Politics reports, with the appointments of Jason Weida as the new head of the Agency for Health Care Administration, Taylor Hatch as head of the Agency for Persons with Disabilities and Laura DiBella to lead Enterprise Florida (EFI). Also, Freddie Figgers was tapped to serve as Vice Chair of the EFI Board.

—“DeSantis blames skyrocketing Florida housing costs on people fleeing ‘Faucivilles’” via A.G. Gancarski of Florida Politics

Legislative …

This week, Senate President Kathleen Passidomo unveiled her “Live Local” proposal to create a comprehensive workforce housing strategy for affordable and workforce housing. The multipronged approach increases funding for affordable housing programs, such as SHIP, SAIL and Hometown Heroes, incentivizes private sector development and reduces unnecessary regulations. “Our housing crisis was a real crisis, before Hurricane Ian. It has now reached epic proportions,” Passidomo said. “Finding attainable housing options close to local jobs is a challenge impacting our broader workforce, and also our seniors.” The proposal (SB 102) will be sponsored by Senator Alexis Calatayud.

A proposal that would massively expand eligibility for school vouchers began moving forward in the Florida House, with the Republican sponsor touting it as a way to provide “customized” education and Democrats questioning its lack of income requirements.

New Legislation Backs Business Challenges to IRS - The state would help fund small businesses' legal challenges against the IRS if the federal tax agency is found to have targeted taxpayers for their political affiliation, ideology or beliefs under two sets of bills filed Wednesday by Stuart Republican Rep. Toby Overdorf and Spring Hill Republican Blaise Ingoglia. HB 509 and SB 374 would create the "Internal Revenue Service Civil Liability Trust Fund" within the Department of Financial Services to assist small businesses with paying attorney's fees and other court costs. HB 507 and SB 372 would require banks and other financial institutions to submit quarterly reports to the state detailing the number of inquiries made to them by the IRS. The legislation would also mandate Florida businesses receive a 1099 form from online applications reporting digital monetary transactions above $600. The measures are in response to the IRS hiring 87,000 new agents over the next decade following the passage of the new federal Inflation Reduction Act of 2022. "Capital is flowing to Florida at historic levels, and there's no doubt the Biden Administration will target our middle class to fund their already bloated programs. Now is the time to take a stand against the IRS, and I've never been more proud to be a Floridian," said Chief Financial Officer Jimmy Patronis, who initially announced the proposals last year. Overdorf-Ingoglia Press Release

“Florida’s voucher plan could cost public schools nearly $4 billion, report says” via Leslie Postal of the Orlando Sentinel — The proposed expansion of Florida’s voucher programs would inflict significant “fiscal damage” on the state’s public schools, likely costing nearly $4 billion within five years, according to a progressive state think tank.

The House wants to offer “universal choice,” allowing parents of any school-age child to get state funds that could pay for private school tuition or home schooling services and supplies. The plan would be the largest expansion to date of Florida’s voucher programs.

The House bill (HB 1) would wipe out income requirements in the state’s two biggest scholarship programs, now aim by 2027 to offer state funding to Florida’s more than 152,000 home-schooled students, according to an analysis of the bill by House staff.

Elections and campaigns …

HB 24 Special Election - There is no clear front-runner in the Special Election for House District 24, new polling shows.

Five Republicans are running in a closed Primary to replace Rep. Joe Harding, who resigned his seat amid allegations he obtained fraudulent loans. The current leader in the race, if one can call him that, is longtime Marion Soil and Water Conservation District Chair Justin Albright, who is polling at about 15% among likely Republican voters.

The Victory Insights poll also found the conservative author and former congressional candidate Ryan Chamberlin at 11%, which is well within the measure’s 5.9% margin of error. Meanwhile, former Rep. Charlie Stone, local business owner Jose Juarez and physician Stephen Pyles all poll around 2%.

With fewer than a third of GOP voters locked in, the poll offers little insight into who will succeed Harding, but it may help donors decide which horse to back in a more consequential election: the race for House Speaker in the 2030-32 term.

Whoever wins the Special Election to represent this slice of south-central Marion County will technically be a member of the 2024 freshman class — they’ll be a “redshirt freshman,” if you will, since they’ll be able to run for re-election four times.

That gives them a two-year head start in the Speaker race.

Recent history shows the advantage is real. Former House Speaker José Oliva, current House Speaker Paul Renner and future House Speaker Danny Perez all came into office via Special Election. Even now-U. S. Sen. Marco Rubio — a former Speaker — was elected in a Special.

“‘There is no plan. There’s nothing’: Florida Democrats in despair over future” via Sabrina Rodriguez Michael Scherer of The Washington Post — More than two months after enduring humbling Midterm losses, Democrats in Florida are in a state of disorder, with no clear leader, infrastructure, or consensus for rebuilding, according to interviews with more than a dozen organizers, former lawmakers, donors and other leaders. These factors have compounded their worries about Democrats outside Florida all but writing off the nation’s third most populous state, which was once seen as a marquee battleground. Democrats have struggled there in recent elections, hitting a new low last fall when DeSantis won a second term by nearly 20 points and carried majority-Hispanic Miami-Dade County.

“CPAC leaves Orlando, keeps Trump as headliner. What about DeSantis?” via Steven Lemongello of the Orlando Sentinel — The biggest conservative political gathering of the year will not return to Orlando after two years, but Trump is again set to be the headliner, with no mention so far of DeSantis. CPAC, the Conservative Political Action Conference set for March 1-4, is going back to the Gaylord National Resort & Convention Center just south of Washington, D.C., where it had been held prior to the pandemic. The move raises speculation about whether the powerful American Conservative Union, which runs CPAC, is taking sides between Trump and DeSantis in a potential GOP Presidential Primary battle next year.

DeSantis Calls for Federal Constitutional Convention - Gov. Ron DeSantis was in Idaho on Tuesday, and called for a constitutional convention. Tampa Bay Times

Environmental …

Lawmakers on the House Infrastructure Strategies Committee received an update from the Department of Environmental Protection on the implementation of a 2021 law, SB 64, that requires local utilities to develop plans for reusing water after cleaning it while eliminating nonbeneficial surface water discharges. The goal of the initiative is to reuse so-called reclaimed water, such as for drinking purposes, rather than discharging it with no beneficial reuse. "I think the grade's an 'A,' because I would look at that we've already had 11 million gallons a day that's already been eliminated from surface water discharge from when we implemented this bill," said Director of Water Resource Management Michael Lynch. Florida Politics / Florida Channel Video

Miscellaneous …

UF Mulling Tik Tok Ban - University of Florida officials are warning there is a "strong possibility" the school will ban TikTok from its campus computer networks in a bid to block access to the social media platform on school grounds. Officials say they also will ban all future academic research that uses TikTok, citing digital privacy concerns about TikTok's relationship to China's government. The social media platform has more than 1 billion monthly active users in 150 countries. The school earlier this month "strongly discouraged" use of the platform by students and faculty. Schools in some other states, and some state governments, have also moved to ban or restrict Tik Tok use. Fresh Take Florida

—“Florida House ‘dress code’ asks women to cover their shoulders” via Peter Schorsch of Florida Politics