Legislative Update - March 3, 2023

Legislators will be returning to Tallahassee for the 2023 session that will begin on Tuesday, March 7.  Florida session runs for 60 consecutive days and their only responsible, according to the Florida Constitution, is to pass a balance budget.  That should not be a problem as Florida economy is strong and state coffers have sufficient funds.  Top issues that will be considered this session include permit-less carry (for firearms), school vouchers for all, affordable housing, woke investing, social media and minors, media defamation, tort reform – lawsuit limits, tax breaks, expansion of parental rights, and immigration, just to name a few.  There are bills filed that would require bloggers who receive payment to write about elected officials to register with the state and another one that would basically eliminate the Florida Democratic Party!

On Monday, several committees will be meeting in the Senate.  On Tuesday, the House and Senate will hold a Joint Session for the “Purpose of Receiving Governor's Message.”     

Governor Ron DeSantis' new book "The Courage to be Free" hit the stores last Tuesday. Security at a book event for DeSantis in Leesburg banned the wearing of Make America Great hats and the carrying of Trump campaign items.

Legislature …

SESSION PREVIEW: The Florida Legislature may take up bills on lawyers for pets, a Rush Limbaugh tribute and left-lane driving, to name a few issues, according to legislation filed for the 2023 session. 

A bill backed by House Speaker Paul Renner to allow permitless carry is likely to pass in Florida, despite broad pushback from both sides of the debate on guns, WFSU Public Media reports. 

Senate Tees Up Lawsuit Limits - The Florida Senate will move quickly on a wide-ranging bill aimed at shielding businesses and insurers from costly lawsuits. The Senate Banking and Insurance Committee is scheduled Tuesday to take up the bill (SB 236), according to a newly published agenda. Sen. Travis Hutson, R-St. Augustine, filed the bill Thursday. It largely mirrors a controversial bill (HB 837) that started moving through the House last week. The bills include proposals such as eliminating what are known as “one-way” attorney fees in lawsuits against insurers and reducing from four years to two years a statute of limitations for filing negligence lawsuits. The Senate committee will hear the bill on the first day of the 60-day legislative session.

A veteran Florida litigator says legislators are taking a "shotgun" approach to tort reform in the upcoming legislative session, and argues for more targeted approaches to changes to lawsuit rules. Florida Bar News

Lawmakers Seek to Cut Communications Tax - A Senate Republican on Thursday proposed cutting the state’s communications-services tax, which is collected on such things as telephone and cable-television services. Sen. Jay Trumbull, R-Panama City, filed a proposal (SB 1432) that would reduce the tax rate from 4.92 percent to 3.48 percent. Rep. Kevin Steele, R-Dade City, filed an identical House bill (HB 1153) last month. The proposals also would make changes in local communications-services taxes, including preventing cities and counties from increasing rates before Jan. 1, 2026. The bills are filed for the legislative session that will start Tuesday. Lawmakers are expected to consider a series of proposed tax cuts during the session.

Senator: Require Government Registration for Bloggers Who Write About Governor, Legislature - A bill filed this week by Lake Mary Republican Sen. Jason Brodeur would make it mandatory for bloggers who receive payment to write about elected officials to register and report their activity. The legislation (SB 1316) applies to bloggers who cover the governor, lieutenant governor, Cabinet, or the Legislature, who would have to disclose if they receive compensation for their posts. Late fines of up to $2,500 would be imposed for bloggers who do not file reports on time. The measure does not cover websites for newspapers and would only apply to posts about elected officials, not candidates. Florida Politics 

Expansion for School 'Parental Rights' Measure Would Ban Use of Some Pronouns - Freshman Tarpon Springs Republican Rep. Adam Anderson filed a bill in the Legislature on Tuesday that would expand last year's controversial Parental Rights in Education law to the eighth grade and introduce limitations on the use of pronouns in public schools that do not align with a person's sex at birth. The proposed measure (HB 1223) would prohibit the teaching of sexual orientation and gender identity to students in kindergarten through eighth grade, instead of third grade as required by the original law, which was dubbed the "don't say gay" bill by critics. The new proposal also applies to pre-kindergarten, private programs and charter schools. The legislation aims to ensure that a person's sex is "an immutable biological trait," according to the sponsor. Gov. Ron DeSantis supported last year's law, but hasn't publicly taken a position on Anderson's bill. Orlando Sentinel / WFLA

Legislation filed Tuesday is intended to make a point about efforts to "cancel" people and groups for past political positions by reminding Democrats that their party backed slavery before the Civil War. The measure, called the "Ultimate Cancel Act" by Republican Sen. Blaise Ingoglia, would decertify parties that officially supported slavery. The bill (SB 1248) doesn't mention the Democratic Party by name, but the 19th Century version of the Democratic Party had pro-slavery positions from the 1840s through the Civil War. Because of that, Ingoglia's measure would "cancel" the party and convert registered Democratic voters to non-party voters or give them the option to choose another party. The legislation specifically directs the Division of Elections to decertify any political party that has "previously advocated for, or been in support of, slavery or involuntary servitude," and to notify voters of the change. To be recertified with the state, the party would have to choose a substantially different name. "For years now, leftist activists have been trying to "cancel" people and companies for things they have said or done in the past," Ingoglia said in a press release. "This includes the removal of statues and memorials, and the renaming of buildings. Using this standard, it would be hypocritical not to cancel the Democrat Party itself for the same reason." Florida Politics / Ingoglia Press Release 

Antone: Are Lawmakers' Salaries, Time Expectations Right? A bill (HB 1183) filed Monday by Orlando Democrat Rep. Bruce Antone would require the state to conduct a study comparing compensation rates of elected officials in Florida with other states. The measure requires the report to be conducted by the Office of Program Policy and Government Accountability and delivered by Dec. 1, and to include recommendations on whether the Legislature should be full-time, part-time, or a hybrid of the two, and whether lawmakers should receive a salary increase. Currently, Florida policymakers are considered part-time and earn $29,647 annually. Legislative salaries vary widely in other states, with some offering a per diem rate while in session that includes travel and food stipends. Antone's proposal also calls for reviewing the per diem and travel expenses lawmakers receive and comparing the salaries of city and county commissioners and school board members in each state's large metro communities. Changes to Florida legislators' "part-time" title would have to be reconciled with the state constitution, which mandates that all 160 lawmakers meet in regular session once per year for 60 days. No Senate companion is currently filed. Florida Politics

GOP Lawmakers, DeSantis Target Defamation Law - Gov. Ron DeSantis and legislative Republicans are targeting the media, pushing a proposal to weaken legal standards in place for more than a half-century that protect the freedom of the press to report what the government and politicians do. Legislation (HB 991) to be considered during the upcoming legislative session seeks to undo a 1960s U.S. Supreme Court decision that made it hard for public figures to silence media criticism with defamation lawsuits and make it more difficult for journalists to keep sources anonymous. Opponents say the bill is intended as punishment for critical media. "I see this as a deliberate effort to punish media organizations that have been critical of the governor and the Republican Legislature," Thomas Julin, a First Amendment attorney with the Gunster law firm told the Miami Herald-Tampa Bay Times. The bill's sponsor, Rep. Alex Andrade, said the Supreme Court ruling that laid out defamation law was wrong. "There is a strong argument to be made that the Supreme Court overreached," Andrade told Politico. "This is not the government shutting down free speech. This is a private cause of action." Herald-Times / Politico 

Lawmakers also are considering bills (SB 450 and HB 555) that would scrap a requirement that unanimous jury recommendations are needed before death sentences can be imposed in murder cases. The Senate Criminal Justice Committee will consider the Senate version of that proposal Monday.

Legislation (SB 304, HB 1239) filed earlier this week would require public projects in Florida to use domestically-produced iron and steel in many cases, unless it's much cheaper to use foreign materials or project managers can't get enough iron or steel for the project, among other exceptions. The Capitolist

Governor …

DeSantis Signs Reedy Creek Bill, Appoints New District Members - Gov. Ron DeSantis on Monday signed legislation (HB 9B) shifting the governing responsibilities for the area serving Walt Disney World from an independent special district to a new state district and named several allies to run the new entity. The district will also assume the debt obligations of the former Reedy Creek Improvement District. The bill continued a move begun last year to abolish the original special district as a punishment for Disney, whose then CEO publicly opposed legislation pushed by DeSantis that prohibits instruction related to sexual orientation or gender identity in lower grade classrooms. DeSantis portrayed the district as a special fiefdom for Disney as he pushed for an end to what he said was an unfair benefit for the company. "The corporate kingdom finally comes to an end," the governor said Monday as he signed the bill near Disney World. "There's a new sheriff in town." The new law, passed during a special session earlier in February, renames the district as the Central Florida Tourism Oversight District and gives the governor the authority to appoint the five-member board of supervisors that will govern it, rather than having the district essentially controlled by Disney as was the case under the previous law. DeSantis also announced the picks of several of his political allies to sit on the new board. Tampa Bay Times / Orlando Sentinel / USA Today Network / Politico / Associated Press / Wall Street Journal / Axios / The Center Square / DeSantis Press Release 

Gov. Ron DeSantis uses an op-ed in the Wall Street Journal to expand on his belief that "woke" leaders, sometimes at the behest of "militant employees" have taken over some parts of corporate America, and on his effort to fight what he says is their agenda. Wall Street Journal

A move by Gov. Ron DeSantis to blacklist investment managers that use "ESG" or environmental, social and governance metrics when choosing which companies to invest in could result in additional costs, economic analysts say. Orlando Sentinel

DeSantis Rejection of Mainstream Medical Thought Now Part of GOP Push - Florida Gov. Ron DeSantis is putting what used to be a fringe left wing and libertarian movement for "medical freedom," the right to pursue medical interventions outside of what the orthodox medical establishment supports, in the Republican mainstream. Efforts to allow kids to skip vaccines, to challenge medical professional opinions about COVID, and to push against medical acceptance of gender fluidity are among the controversial medical protest ideas DeSantis supports, and he is getting national attention as he considers a run for president. Nationally, GOP lawmakers are pushing hundreds of such challenges to health care orthodoxy, including proposals to put lawmakers in charge of immunization requirements, ban the government from creating non-school-based vaccine mandates and allow challenges to public health requirements. "Governor DeSantis has been leading the way," said Texas state Rep. Matt Schaefer, chair of the Texas Freedom Caucus, who sponsored a public health disaster declaration bill there. "A lot of people are looking to DeSantis to see what he's doing at this point, and it gives cover to other governors, I think, to step out there." Politico  

Gov. Ron DeSantis' new book, "The Courage to Be Free," was released on Tuesday. Herald-Tribune / CNN / NBC News

DeSantis’ book tour took him to Palm Beach County, where he touted turning that county red during the last election cycle, the Palm Beach Post reports. 

What's not in Gov. Ron DeSantis' new book? Politico

Supreme Court …

Judge Blocks Part of Lawmaker Lobbying Ban - A federal judge in Miami has blocked enforcement of part of Florida's lobbying ban that applied to lawmakers and other elected officials while in office. Judge Beth Bloom ruled the ban infringes on First Amendment rights to free speech and singled out certain content-specific types of lobbying. Moreover, the state couldn't show a link between "quid pro quo corruption" and lobbying by at least one of the plaintiffs, Miami-Dade Commissioner Rene Garcia, who has a business that lobbies the federal government. The ruling means Florida lawmakers and other elected officials can continue to lobby for clients while they are in office. Bloom ruled, however, that a prohibition on lobbying by officials after they leave office can remain in effect because Garcia and the other plaintiffs in the case couldn't show how the ban on lobbying after being in office would affect them, in part because none of them has immediate plans to leave office. The ban on lobbying by elected officials was approved by voters in 2018 and was extended to six years for former officials. The extension officially took effect Dec. 31, 2022, and the Legislature passed an implementing bill last year that included a $10,000 fine, public censure, the repayment of all compensation for lobbying, or a combination of those three penalties. Miami Herald / Sun-Sentinel / Florida Politics / Florida Bulldog

Business …

Jobless Claims Remain Low - First-time unemployment claims in Florida continued a downward trend, with fewer claims recorded last week than during any non-holiday shortened week since Hurricane Ian hit the state in September. The U.S. Department of Labor on Thursday released a report that estimated 5,034 claims were filed in Florida during the week that ended Feb. 25, down from a revised count of 5,353 during the week that ended Feb. 18. Florida has averaged 5,677 claims over the past four weeks. The relatively small numbers of claims are similar to totals before the COVID-19 pandemic disrupted the economy in 2020. Florida had a 2.5 percent unemployment rate in December. The state Department of Economic Opportunity will release a January rate on March 13. Nationally, an estimated 190,000 jobless claims were filed last week, down 2,000 from the prior week. National unemployment claims were under 200,000 for a sixth consecutive week.

Jacksonville listed among top 5 'Boomtowns' nationally during COVID-19 [Florida Times-Union]
Jacksonville is among the biggest "Boomtowns" in the country, according to a recent LendingTree study. LendingTree analyzed data from the U.S. Census Bureau, the American Community Survey and the U.S. Bureau of Labor, to find and define "the biggest boomtowns in America." LendingTree analysts ranked and scored the 100 largest metros in three main categories: people and housing, work and earnings and business and economy.

Elections and campaigns …

A group of DeSantis’ top donors and supporters gathered in Palm Beach this past weekend, including some longtime backers of former President Donald Trump, Politico reported: “The Florida governor’s three-day retreat at the Four Seasons hotel – just four miles down the road from Trump’s Mar-a-Lago estate – kicked off Friday evening with a cocktail reception and dinner for the approximately 150 attendees.” 

Gov. Ron DeSantis will make appearances in three early presidential primary states in the next several weeks, the New York Times reported. DeSantis is selling a book and, campaign observers say, considering whether to make a run for the presidency in 2024. New York Times 

NEW PARTY CHAIR: Nikki Fried, the last Democrat to hold a statewide office in Florida, was selected this weekend to chair the Florida Democratic Party as it looks to recover from its latest disastrous election cycle.

Candidates in non-partisan races would be able advertise their party affiliation under legislation (SB 1372, HB 1321) filed Wednesday in both chambers. The measures would allow, though not require, mention of candidates' party affiliation in ads in such races, which is currently banned. The measures were filed by Sen. Blaise Ingoglia and Rep. Mike Beltran, both Republicans.  

Marijuana …

A proposal to legalize non-medical marijuana use is a step closer to being on the 2024 ballot. Backers of the proposal submitted more than the required number of petition signatures to the Division of Elections last week. Axios Tampa Bay 

Miscellaneous news …

Study: Repeat Hurricanes Could Become More Likely - A new study published Monday by Princeton University warns that back-to-back hurricanes hitting the same area could become more frequent and severe due to climate change. Data from computer simulations showed that the occurrence of two hurricanes striking the same location twice, which previously took place every few decades, could now happen every two to three years due to global warming. The study analyzed nine areas in the country that are susceptible to storms and found that seven of them had experienced an increase in storm risks since 1949. Researchers also examined future scenarios based on two different emission scenarios: one that reflected current efforts to reduce greenhouse gasses and the worst-case scenario that involved increasing carbon dioxide emissions. The results showed that the likelihood of back-to-back hurricanes would rise significantly in both scenarios, exceeding current expectations. Associated Press / NPR / Princeton University 

Florida Leads Nation in Pedestrian Deaths - More pedestrians were killed in Florida than in any other state on a per capita basis in the first half of 2022, according to data from the Governors Highway Safety Association. Florida's rate of 1.99 pedestrian deaths per 100,000 people is nearly double the national level. Governors Highway Safety Association

Florida recently gained more older adults from net migration than any other state, at 53,150 annually during a typical year between 2015 and 2019, according to a recent census report, Axios Tampa Bay reports.