Legislative Update - February 10, 2023

Lawmakers began a twelve-day special session on Monday to provide additional emergency hurricane response funding, put an immigrant relocation program in law and speed up action on a bill to help student athletes make money off their name, image and likeness. Lawmakers also plan to consider legislation to allow Statewide Prosecutors to prosecute certain election law violations, and they'll take up local bills, including one that would allow the state to take over the functions of a local government for Walt Disney World. Joint Proclamation  Although Special Session is scheduled to end on Friday, February 17, the House and Senate are trying to finish their business by the end of today.

President Joe Biden was in Tampa this week and he took direct aim at Republicans who have floated cuts to Social Security and Medicare, telling an audience in Florida that he would create a “nightmare” for anyone who dreamed of trying them, the Associated Press reports.

Special Session …

Votes Set on Special Session Items, Sine Die Could Come Friday - The House and Senate will be in session today to take up and vote on several special session bills. Both chambers could adjourn the special session by the end of the day. In the morning, the Senate Rules Committee will convene to consider a proposal (HB 7B) that would let Florida universities help student athletes garner "Name, Image and Likeness" deals to earn compensation while they play. The Senate panel is also scheduled to take up three local special district bills, including a measure (HB 9B) that would rename the Reedy Creek Improvement District to the Central Florida Tourism Oversight District and allow the governor to appoint board members that would take over the provision of local government services to Walt Disney World. In the afternoon, the full Senate is slated to vote on the four bills and if successful, send them to Gov. Ron DeSantis for his signature. On the other side of the Capitol, the House will be in session in the afternoon to debate and vote on three substantive special session bills, including legislation (SB 2B) that would provide $700 million in hurricane relief, a measure (SB 4B) to clarify that statewide prosecutors can take on election law violation cases and a bill (SB 6B) that would continue and clarify rules in a program started last year to send undocumented immigrants to other states. Members already introduced the proposals on the floor, considered amendments and asked questions on Thursday. They will now be debated and voted on, and if successful, will head to the governor's desk. 

Hurricane Relief Measures Get Hearings in Special Legislative Session - A $700 million package of relief measures to pay for the response to Hurricanes Ian and Nicole will be taken up by lawmakers in a special session starting today. The House version of the relief legislation (HB 1B) will be heard first by the Appropriations Committee, which meets today and could take up the bill. An identical Senate version (SB 2B) will be heard first in the Fiscal Policy Committee, which is scheduled to meet on Tuesday. The bills would transfer $650 million from the state's General Revenue Fund to the Emergency Preparedness and Response Fund. The measures also create a $50 million state loan program for local governments recovering from the two storms that hit the state last year. 

Senate Passes Hurricane Relief Measure - The Senate on Wednesday unanimously passed legislation (SB 2B) providing $650 million in emergency relief spending for Hurricanes Ian and Nicole and a $50 million loan program for local governments in Florida that need emergency money for operating as they continue to recover from the storms that hit the state last fall. The proposal heads now to the House, which is expected to easily approve the bill in the current special session. The hurricane relief initiative was far less controversial than other bills the GOP-controlled Senate debated and passed on Wednesday, those dealing with the state's migrant flight program and prosecutions stemming from a new election law crackdown. The hurricane relief proposal passed unanimously. The House version of the legislation (HB 1B) was unanimously approved this week in the House Appropriations Committee and is ready for a floor vote there.  

“Legislature prepares to budget another $700M to help with hurricane recovery” via Jacob Ogles of Florida Politics — The Legislature is poised to approve $700 million in additional Hurricane Ian recovery spending. “A lot of local governments impacted by Ian and by the hurricanes last year are going to need operational funds and have a gap,” said Rep. Mike Giallombardo. The Cape Coral Republican hails from Lee County, where Hurricane Ian made landfall on Sept. 28 last year. The bill also covers rebuilding for areas affected by Hurricane Nicole, which struck Florida’s east coast Nov. 7. The House took up legislation (SB 2B) a day after the measure won unanimous approval in the Senate. While the bill was not taken up for a vote in the House, Representatives put it in a posture to pass Friday.

“Legislature’s changes to Disney special district: New name, board picked by Ron DeSantis” via Lawrence Mower of the Tampa Bay Times — After trying to dissolve Disney’s special taxing district last year, Republican lawmakers Monday released a new plan: Rename the district and let DeSantis choose the people in charge.

Under House Bill 9B, the Reedy Creek Improvement District will become the Central Florida Tourism Oversight District within two years.

And instead of Disney controlling the district, the Governor will appoint (and the state Senate will approve) the district’s five board members.

“House approves plan to give DeSantis new power over Disney” via Steve Contorno of CNN — Under a fast-tracked bill that could be headed to the Republican Governor’s desk by the end of the week, the state would take over the Reedy Creek Improvement District, the 55-year-old government body that has effectively given Disney control over the land around its Orlando-area theme parks. The district’s existing board, made up of individuals with close ties to Disney, would be replaced by a five-member board hand-picked by DeSantis. The state House, where Republicans hold a supermajority, passed the measure on an 82-31 vote.

“Senate votes to shift election crimes to statewide prosecutor” via Jacob Ogles of Florida Politics — The Senate is signing off on legislation that could shift most election fraud cases to a statewide prosecutor. The legislation (SB 4B) passed 27-12 on a party-line vote. The issue proved divisive as Florida pursues charges on 19 people arrested by a new election police force, many of those individuals who registered and voted after the state sent applications for them to do so. Sen. Jonathan Martin, the bill’s sponsor, said it’s important that statewide prosecutors manage cases that affect more than one judicial circuit.

“Bill allowing statewide prosecutor to take election cases ready for House vote” via Jacob Ogles of Florida Politics — The House is ready to vote on allowing a statewide prosecutor to pursue charges in many election-related crimes. The change in the law could come after the arrest of 20 people by Florida’s new election police force. The bill (SB 4B) has been championed in the House by Rep. Juan Fernandez-Barquin. The House discussed the legislation on the floor a day after the Senate similarly passed the bill in the upper chamber. Representatives expect to vote on the bill Friday. Democrats have criticized the measure.

“Senate passes Blaise Ingoglia’s overhaul of migrant flights bill” via Jacob Ogles of Florida Politics — The courts haven’t determined yet if DeSantis went beyond the law transporting migrants from Texas to Massachusetts. But the Senate just voted to change the law and budget $10 million if the administration wants to do it again. The Senate voted 27-12 along party lines for a bill in Special Session that would remake the controversial migrant flight program. Sen. Blaise Ingoglia said it’s important to shift the effort from the Florida Department of Transportation to the Department of Emergency Management. Legislation he sponsored (HB 6B) does that, and also eliminated a directive in a law passed last year that authorized transport of migrants from “this state” to others.

“Migrant flights bill cleared for House vote” via Jacob Ogles of Florida Politics — The House is ready to vote on a controversial bill authorizing migrant flights from around the country. “We are creating a beautiful program to help individuals who want to go to a sanctuary city to receive free airfare and get the trip that they want,” said Rep. John Snyder, the bill’s sponsor. The House picked up a Senate bill (SB 6B) passed Wednesday. While House members have dealt with a number of Democratic amendments, rejecting them all, a vote was put off until later in an ongoing Special Session. The House expects to hold a vote around 10 a.m. Friday.

“Florida House votes 113-0 to effectively repeal name, image, likeness law” via Matt Baker of the Tampa Bay Times — The Florida House of Representatives quickly approved a bill Thursday that would effectively repeal the state’s name, image and likeness (NIL) law. The 113-0 vote during the Special Session was uneventful and without public objection. The bill, HB 7B, next moves to the Senate, where it’s also expected to face little opposition. “This bill,” its sponsor, Rep. Chip LaMarca, said, “will allow Florida to remain competitive with every other state that our collegiate athletes compete against while ensuring that we prepare them for their future, possible opportunities and most importantly, the tools to make them successful in promoting their individual brand — their name, image and likeness.”

2023 Session …

DeSantis is taking his $1.5 billion tax cut plan, unveiled last week as part of his budget recommendations, on the road – and he is bringing legislative support: House Speaker Paul Renner and Senate President Kathleen Passidomo, Florida Politics reports. 

—"DeSantis touts tax cut plan as tonic for inflation” via Gray Rohrer of Florida Politics

'Constitutional Carry' Proposed in Senate - A Senate Republican on Thursday filed a bill that would allow people to carry concealed firearms without licenses, after the issue started moving forward this week in the House. The bill, filed by Sen. Jay Collins, R-Tampa, also includes other proposals such as requirements related to school safety. Florida has long required people to obtain state licenses to carry concealed weapons. The bill (SB 150) would eliminate that requirement, though people carrying concealed weapons would have to carry valid identification and “display such identification upon demand by a law enforcement officer.” The House Constitutional Rights, Rule of Law, & Government Operations Subcommittee on Tuesday approved a bill (HB 543) that would make the concealed-weapons changes — a concept that supporters call “constitutional carry.” While the House bill is limited to that issue, the Senate bill includes school-safety proposals. As an example, the Senate bill would allow private schools to participate in Florida’s controversial “guardian” program, which allows school staff members to be armed on campuses, and would create the Florida Safe Schools Canine Program, which would be designed to help add firearm-detection dogs. “This comprehensive legislation ensures our laws respect the constitutional rights of law-abiding Floridians while at the same time incorporating valuable tools recommended by law enforcement that will increase the safety of our schools and communities,” Senate President Kathleen Passidomo, R-Naples, said in a prepared statement.

Permitless carry: Opposition to Florida's permitless carry bill is coming from both the left and the right, as some Second Amendment supporters say it doesn't go far enough and isn't a true measure for "constitutional carry."  

Passidomo Plan to Boost Affordable Housing, Ban Rent Control Moves Forward - A Senate leadership-backed affordable housing initiative cleared its first hurdle on Wednesday, receiving unanimous support from the Senate Community Affairs Committee. The legislation (SB 102), sponsored by Miami Republican and newcomer Sen. Alexis Calatayud, aims to boost affordable housing in the state by providing tax incentives for developers to keep rates at lower than what the market would normally bring for their projects. Among the provisions in the $811 million housing bill is one that would allow new large developments that offer rents at least 10% below the local market rate to be exempt from property tax for each unit with the lower rent. The measure would also allow local governments to offer property tax exemptions for affordable housing. But the proposal would prohibit local governments from putting rent control measures in place, something some communities have considered in recent years as local rent prices have gone up. The Senate bill now heads to its second and final committee, the Senate Appropriations Committee. The identical House companion (HB 627), carried by Coral Gables Republican Rep. Demi Busatta Cabrera, was filed earlier this week and has yet to be assigned to any committees.

Gov Highlights Tax Relief Plan Worth $2 Billion with Legislative Leadership - Gov. Ron DeSantis, Senate President Kathleen Passidomo and House Speaker Paul Renner on Wednesday touted a $2 billion tax relief plan aimed at helping Floridians with children afford diapers, toys, cribs, strollers and children's books. The proposal includes a one-year sales tax exemption on children's items, a permanent sales tax exemption on baby and toddler necessities and an expansion of the annual back-to-school tax holiday. Another tax holiday included in the plan is called "Freedom Summer," which would run from Memorial Day to Sept. 4, and is estimated to save residents $224 million on items such as concert tickets, sporting equipment and camping supplies. The proposal also provides savings for homeowners and small businesses, including a permanent sales tax exemption on gas stoves and a two-year extension of the sales tax exemption on natural gas fuel. Other tax-free items under the plan include household essentials under $25 and pet food and medicine. The tax relief measure is the largest in state history and could save the average Florida family up to $1,000 a year, according to the governor. "Inflation continues to burden Florida families and we must fight back against rising costs by cutting the sales tax on necessary items," said DeSantis. "We are able to provide this record $2 billion in tax relief because of our smart fiscal policies and strong reserves. It is important that we pass those savings on to Florida families so they can keep more of their hard-earned money in their own pockets." The proposal, which was initially unveiled last year ahead of the November elections, would still need approval from the Legislature and wouldn't take effect until the next fiscal year starting July 1, 2023. In addition to the plan, a Toll Relief Program was also signed by the governor in December, providing frequent commuters with a 50% credit on their toll transactions, saving them nearly $480 a year. The proposals are included in the governor's $115 billion proposed budget for the 2023-24 fiscal year. Florida Politics / DeSantis Press Release / Tax Relief Fact Sheet

Bill to Do Away with PIP Requirement Filed - Florida's longstanding no-fault insurance law and the state's Personal Injury Protection insurance requirement would be repealed under a proposal (SB 586) filed Wednesday by Fort Pierce Republican Sen. Erin Grall. A similar bill was passed by the Legislature in 2021 but was ultimately vetoed by the governor over concerns it would increase auto insurance rates, specifically for drivers carrying minimum coverage. An identical House version (HB 429), sponsored by Riverview Republican and freshman Rep. Danny Alvarez, was filed last week. Grall also filed similar legislation last year but it failed to make it out of committee.

Operating a vehicle while texting would be among the factors that could be considered when police decide whether to charge someone with "aggressive careless driving," under legislation (SB 544) filed this week in the Senate that would also set out additional penalties for such drivers. The measure is named for Anthony Reznik, who was hit by a car and killed in Sunny Isles Beach in 2021 by a driver who ran a red light and struck him as he crossed the street. 

Senate's Wildlife Corridor Expansion Bill Moves Forward - A proposal to expand access to Florida's Wildlife Corridor by extending the Florida Shared-Use Nonmotorized (SUN) Trail Program gained unanimous approval Tuesday in the Senate Transportation Committee. The state Wildlife Corridor is made up of 17 million acres of land from the Keys to the Panhandle and includes nearly 10 million acres of conservation land. The legislation, a priority of Senate President Kathleen Passidomo, increases the annual amount allocated for the SUN Trail Network from $25 million to $50 million. It would also appropriate $200 million in nonrecurring funds for the Department of Transportation to boost the planning, design and construction of the SUN Trail Network. The measure (SB 106), filed by Lake Mary Republican Sen. Jason Brodeur, now heads to its final committee: the Senate Appropriations Committee. No House version of the bill is currently filed.

Governor …

“Ron DeSantis deflects when asked about Donald Trump ‘groomer’ attacks” via A.G. Gancarski of Florida Politics — DeSantis told reporters and supporters in Ocala that he wasn’t spending time “trying to smear other Republicans,” in response to posts from Trump on Truth Social that included the amplification of allegations that the Governor was “grooming high school girls with alcohol” during his short-lived stint as a college preparatory academy teacher. “So, here’s what I’d say about all of that. I get that you guys want the controversy,” DeSantis said. “I’d also just say this. I spend my time delivering results for the people of Florida and fighting against Joe Biden. That’s how I spend my time. I don’t spend my time trying to smear other Republicans.”

DeSantis Discusses Making it Easier to Sue for Libel - Gov. Ron DeSantis renewed a call for legislation that would make it easier for famous people to successfully sue news media companies for defamation. DeSantis held a made-for-media event on Tuesday at which he discussed what he says is unfair and dishonest media coverage. Tampa Bay Times / Politico / Business Insider

In a televised roundtable with a studio audience, DeSantis raised the possibility of passing legislation that could lower the bar for prominent people to successfully sue news outlets for defamation, the Miami Herald reports

DeSantis Announces Spending on Resilience Projects - Gov. Ron DeSantis announced $275 million will go to 75 resilience projects across the state to help prepare coastal and inland communities for the impacts of flooding and storm surge. The money comes from the Resilient Florida program which was funded by lawmakers in the state budget. The governor's budget recommendations for the 2023-24 fiscal year include $406 million for resilience efforts, with $350 million for statewide projects and $56 million for planning and coral reef protection. The state so far has invested more than $1.1 billion to increase infrastructure resilience while establishing the Office of Resilience and Coastal Protection to provide funding and coordination for coastal communities. "The projects announced today will ensure inland and coastal communities are prepared for the impacts of storm surge, hurricanes, and flooding, continuing our aggressive efforts to protect Florida's natural resources and infrastructure," said DeSantis. DeSantis Press Release 

Senate Democrats …

Pizzo Elected Senate Democratic Leader-Designate - Hollywood Democrat Sen. Jason Pizzo was unanimously elected to serve as leader of the Senate Democratic Caucus for the 2024-26 legislative term. He was initially elected to the Senate in 2018 and previously served as an assistant prosecutor in Miami-Dade County. Pizzo currently serves as Democratic leader pro tempore and represents District 37, which covers parts of eastern Broward and northeast Miami-Dade County. "The Leader-Designate's tenacity and intellect are matched only by his heart for others, and I have every confidence in Senator Pizzo's ability to unify, lead, and expand the Caucus so that Florida Senate Democrats may continue to fight for our shared values and be a voice for everyday working people in our great state," said Plantation Democrat Sen. Lauren Book, who currently leads the Senate Democratic Caucus. Senate Democrats Press Release

Business Issues …

Sunshine State on brink of recession, says noted economist - The Sunshine State is on the cusp of a recession — if it hasn’t already started. That’s the opinion of Sean Snaith, an economist who serves as director of the University of Central Florida’s Institute for Economic Forecasting, in his quarterly forecast. However, the impact of a downturn won’t be as severe as the housing market collapse of the late 2000s or the pandemic shutdown of 2020. “Florida can’t escape a recession,” Snaith says in a news release. “But we won’t suffer like we did during the previous two." [Source: Business Observer]

Florida's workforce ended the year larger than New York's for first time ever - New York employed fewer workers than Florida for the first time in decades as the Great Migration continues to sap the Empire State. Florida boasted 9,578,500 nonfarm jobs at end of 2022 — 2,000 more than New York’s 9,576,100, according to Data released by the Bureau of Labor Statistics. The job numbers represent the first time that Florida has more workers than New York since at least 1982. More from Bloomberg, Florida Insider, and the New York Post.

Florida gasoline prices down in past week - Prices at the pump in Florida dipped during the past week, a trend expected to continue in the short term after increases in January. The AAA auto club said the average price of a gallon of regular unleaded gasoline Monday in Florida was $3.49, down seven cents from a week earlier. The national average Monday was $3.47 a gallon. The Florida average was 2 cents higher than a year ago. More from the News Service of Florida.

Florida drivers paying third-highest insurance rates in U.S.

Premiums in Baker, Clay, Duval, Nassau and St. Johns counties are lower than the state average.

https://www.jaxdailyrecord.com/news/2023/feb/10/florida-drivers-paying-third-highest-insurance-rates-in-us/

Florida Jobless Claims Up Slightly - Unemployment claims inched up for the second consecutive week in Florida, but the pace remains little changed over the past few months. The U.S. Department of Labor on Thursday released a report that estimated 6,158 claims were filed in Florida during the week that ended Feb. 4, up from a revised count of 5,866 during the week that ended Jan. 28 and from 5,557 during the week that ended Jan. 21. Since the start of November, after a brief spike caused by Hurricane Ian, the state has averaged 5,970 new claims a week. Nationally, first-time claims went up by 13,000 to 196,000 last week, the first increase in six weeks. The Walt Disney Co., a huge employer in Central Florida, announced Wednesday that it will cut 3 percent of its workforce, or about 7,000 jobs globally, as it looks to save about $5.5 billion. The entertainment giant did not announce where the layoffs will occur. Florida had a 2.5 percent unemployment rate in December, reflecting an estimated 271,000 people qualified as unemployed from a workforce of 10.76 million. The Florida Department of Economic Opportunity will release its next unemployment report on March 13.

Elections and campaigns …

“DeSantis allies are launching a ’24 super PAC” via Peter Hamby of Puck — A new outside group is taking shape. And given the consultants involved in the planning, it’s all but certain to be the official super PAC of the DeSantis campaign. A pair of respected Republican consultants — Phil Cox, a veteran adviser to Republican Governors, and Liesl Hickey, the former executive director of the National Republican Congressional Committee — have been recruiting staffers for a super PAC that would support a DeSantis bid. Both Cox and Hickey are experienced, high-level strategists who helped steer DeSantis’ 2020 re-election bid and his attention-grabbing fights on education and COVID. Their involvement is one of the strongest signals yet that DeSantis is moving toward a national campaign. Generra Peck, who now works for DeSantis, has been making similar recruiting calls to Republican operatives about possibly working on an official campaign.

DeSantis and Trump are deadlocked, with the rest of potential Republican presidential contenders far behind in the low single digits in a new national poll looking at the burgeoning but hypothetical 2024 GOP nomination field, Fox News reports. 

“Focused on 2024, Joe Biden sees opportunity in GOP-held Florida” via The Associated Press — With an eye toward the 2024 campaign, Biden ventured to Florida, a state defined by its growing retiree population and status as the unofficial headquarters of the Republican Party. The President sees a chance to use Social Security and Medicare to drive a wedge between GOP lawmakers and their base of older voters who rely on these government programs for income and health insurance. Biden is trying to lay the groundwork for an expected reelection campaign announcement this spring.

“Doug Broxson endorses Frank white as SD 1 successor” via Florida Politics — Sen. Broxson is endorsing former Rep. White as his successor in Senate District 1. “Frank white is the proven conservative Northwest Florida needs fighting for our shared values in the Florida Senate. Frank is committed to the rule of law, to protecting our children and to ensuring Floridians have access to great jobs,” Broxson said. “I endorse Frank white for Senate because I know Frank will continue to fight for our families, our businesses and to keep Florida free.”