Legislative Update - March 17, 2023

We are winding down week 2 of the Florida Legislative Session!  Hot issues are moving very quickly through the process such as tort reform, “permit less carry” for guns, and immigration changes.  We are expecting the budget to be released by next Friday.

Legislature …

Tort Reform - The Florida business community’s top priority for the 2023 Legislative Session — a sweeping bill to limit lawsuits against insurance companies and businesses — is primed for a vote in the full House.

The chamber Thursday debated its version of the torts package (HB 837) before agreeing to roll the bill to third reading ahead of a likely vote today. The Senate bill (SB 236) is not far behind, with members of the Senate Fiscal Policy Committee voting 13-6 to advance the bill to the chamber floor after a lengthy debate.

Much of the resistance has come from Democrats, whose attempts to amend the bills were easily quelled by Republican supermajorities in the House and Senate. But despite strong support from GOP leadership and Gov. Ron DeSantis, not all Republicans are on board.

Port Orange Republican Sen. Tom Wright said he had been inundated with calls from constituents opposing the bills.

“You have 150 ‘nos’ and three ‘yesses,'” Wright told bill sponsor Sen. Travis Hutson ahead of the Committee vote. “They voted me in, so I will be down on this vote today.”

GOP Sens. Jay Trumbull and Nick DiCeglie also raised concerns, and both voted against the proposal earlier in the process before supporting it in its final Committee stop.

Passidomo: 'No' on Lowering Rifle Buying Age - Senate President Kathleen Passidomo said Wednesday that she doesn't support a House bill that would do away with an age restriction for purchase of rifles and long guns, noting that there was no bill in the Senate containing that language. The House bill (HB 1543) would repeal a law passed after the Marjory Stoneman Douglas High School shooting of 2018 that created the minimum age for buying rifles and other long guns, including AR-15s like the one used in the massacre at the Parkland school. Federal law has a 21-year age requirement on the purchase of handguns. Passidomo, a Republican from Naples, was asked whether she supported the House bill lowering the age requirement for buying long guns and responded, "No," before elaborating a bit. "We don't have it in the Senate, I mean, nobody filed it so, I don't – there's no bill to support." Asked whether backers of the legislation in the House might find a way to get it through the Senate, Passidomo sounded doubtful. She said she listens to members of the Senate. "Nobody's brought it up to me, nobody's mentioned it to me in the Senate," she said. Asked whether the House could force the issue by amending the provision on to a bill that would allow carrying of concealed weapons without permits, a measure she does support, Passidomo said, "I don't think that will happen." Miami Herald / Politico / Florida Channel-Florida News Service Video of Passidomo Availability 

“In own driveway, GOP lawmaker confronts FSU gun activist critical of permitless carry bill” via James Call of the Tallahassee Democrat — Gun rights advocates unleashed a social media video bombardment of Rep. Charles Brannan, a Macclenny Republican, this week as part of an effort to do away with restrictions on the open carry of firearms in most public places. Open carry is the top legislative priority for Young Americans for Liberty, a student organization that grew out of the 2008 Ron Paul presidential campaign. Members of its Florida State University chapter were distributing flyers last weekend in Brannan’s neighborhood, and captured on video Brannan threatening to pull the bill and telling one of their members that their demand for an open carry provision was “hurting Republicans.”

A sweeping immigration reform measure that would crack down on hiring immigrants in the U.S. illegally and require hospitals to collect data on patients’ immigration status when they seek health care cleared its first committee, Florida Politics reports

Tort Reform, School Choice Among Measures on House Floor and in Senate Committees - The House is in session today. The chamber will consider a measure (HB 1) backed by legislative leadership that would allow any student regardless of income or public school status to attend a private school using taxpayer dollars by expanding the state's school voucher program and creating "education savings accounts." The Senate's version (SB 202) of the school voucher expansion, meanwhile, is scheduled to be taken up by the Senate Appropriations Committee. The full House will also take up a bill (HB 477) that would limit county school board members to serving two four-year terms, along with another proposal (HB 837) that aims to reduce lawsuits against businesses and insurance companies and additional legislation (HB 225) would allow the governor to appoint all the members of the governing board of the Florida High School Athletic Association, a private organization that oversees Florida school sports. The House Constitutional Rights, Rule of Law & Government Operations Subcommittee is scheduled to consider a bill (HB 1445) that would ban certain unions that represent government organizations, such as public school teachers, from collecting dues using an automatic paycheck deduction system, with exceptions for firefighters and law enforcement. The House Healthcare Regulation Subcommittee will take up two measures, including one (HB 7) that would ban abortions in Florida after six weeks of pregnancy but includes exceptions for victims of rape or incest. That same panel is also expected to consider legislation (HB 121) that would increase Florida KidCare program eligibility from 215% to 250% of the federal poverty level. The Senate Fiscal Policy Committee is expected to consider four bills, including one measure (SB 154) that would revise structural inspection requirements for condominium and cooperative buildings, among other things. That same panel is also scheduled to take up a bill (SB 256) that would ban certain unions that represent government organizations, such as public school teachers, from collecting dues using an automatic paycheck deduction system, with exceptions for firefighters and law enforcement. Additionally, the Fiscal Policy Committee will consider its broad tort reform proposal (SB 236) that aims to reduce lawsuits against businesses and insurance companies. The House PreK-12 Appropriations Subcommittee is expected to take up four bills, including one (HB 733) that would require middle schools to start no earlier than 8 a.m. and high schools to start no earlier than 8:30 a.m. The House Rules Committee will meet at the end of the day after the scheduled floor session to consider special amendment deadlines and procedures for the General Appropriations Act and related bills. Additionally, the House Regulatory Reform & Economic Development Subcommittee is also expected to meet today. Also today, Gov. Ron DeSantis will hold a press conference in Winter Haven with Surgeon General Dr. Joseph Ladapo. 

Senate Committee OKs bill eliminating Florida universities’ diversity initiatives” via Gabrielle Russon of Florida Politics — Despite pleas from students, faculty and Democrats, a Senate bill targeting state universities and colleges’ diversity programs and faculty tenure moved a step closer to passage Wednesday. A Senate Education Postsecondary Committee approved SB 266. A House Subcommittee approved the House version of the bill (HB 999) earlier this week. SB 266 would forbid schools from hiring employees based on diversity, equity and inclusion, otherwise known as DEI. Schools also couldn’t spend money on DEI programs and would be required to eliminate majors or minors in critical race theory and gender studies.

Local Law Challenges Backed in House - After the Senate passed a similar measure last week, the House started moving forward Wednesday with a bill that would help people legally challenge city and county ordinances. The House Local Administration, Federal Affairs & Special Districts Subcommittee voted 13-4 to approve the bill (HB 1515), sponsored by Rep. Robbie Brackett, R-Vero Beach. Under the bill, plaintiffs who successfully challenge ordinances in court could receive up to $50,000 for attorney fees and costs. Also, the bill would require local governments to suspend enforcement of ordinances while lawsuits play out. The bill is supported by groups such as the Florida Chamber of Commerce, Associated Industries of Florida, the Florida Retail Federation, the Florida Home Builders Association, Florida Realtors, the Florida Restaurant & Lodging Association, the Florida League of Cities and the Florida Association of Counties. But critics focused Wednesday on the part of the bill that would lead to suspensions of ordinances during lawsuits. “This is allowing a single business to veto the work of the entire community,” said Rich Templin, a lobbyist for the Florida AFL-CIO. The Senate voted 29-11 last week to pass its version of the bill (SB 170).

“Senate panel gives first OK to ‘buy American’ mandate for iron, steel in Florida public works” via Jesse Scheckner of Florida Politics — The Senate Governmental Oversight and Accountability Committee voted unanimously to advance SB 304, a measure by Bradenton Republican Sen. Jim Boyd that would compel all tax-funded public works projects to use domestically sourced iron and steel products. The rule, if approved and signed by DeSantis, would apply to various governmental entities, including county and municipal governing boards, school districts, taxing districts, colleges and universities. The bill’s restrictions could be waived if the domestic supply of iron and steel is inadequate for a project, of unsatisfactory quality, or if the use of U.S. iron or steel would drive up the total project cost by 20% or more.

“House lawmakers ready school choice bill for a full vote” via Anne Geggis of Florida Politics — Allowing all families to get an $8,000-per-student school voucher to attend private school, regardless of income, is one step closer to reality. The House readied legislation (HB 1) for a full vote, which could come as soon as Friday. It could represent a sea-change in the design of education that the state’s students are offered. “Under this initiative, we will never have to tell a parent no,” said Tuck, who carried the bill. Democrats proposed a number of amendments, all of which failed, including one amendment from Rep. Katherine Waldron that would limit funding to those whose income was more than 500% of the federal poverty level.

Proposed six-week abortion ban moves through first Committee” via Arek Sarkissian of POLITICO — A House panel on Thursday advanced a proposal to ban abortions after six weeks of pregnancy along party lines amid concerns from opponents who said the measure made having the procedure nearly impossible. The measure, HB 7, introduced by state Rep. Jennifer Persons Mulicka, would also offer exemptions for victims of rape and incest up to 15 weeks into their pregnancy. A victim would need to provide documentation, such as a police report, to qualify for the exemption, which is particularly challenging for people living in rural parts of the state.

GOP Senators Vote for Ladapo Confirmation Amid Vaccine Controversy - Members of the Senate Committee on Health Policy voted to confirm Florida Surgeon General Joseph Ladapo on Monday as controversy continued over his recommendation against the medical establishment that some people should forgo COVID vaccines. Officials at the Centers for Disease Control and Prevention and the Food and Drug Administration sent a letter last week to Ladapo warning him about spreading "misinformation" related to the vaccines with his contention in a letter to federal officials that the vaccine caused a "significant" increase in adverse events. In response, Ladapo told Senators he would provide a detailed response, but said the federal response contained errors that he said highlighted "issues with trust with the CDC and FDA." Florida Politics

A proposal to change the standards for winning lawsuits in libel and defamation cases (HB 991) is expected to be heard Tuesday in the House Civil Justice Subcommittee. Advocates for press freedom oppose the measures. A similar Senate bill (SB 1220) is awaiting a hearing in the Judiciary Committee. WTSP

Governor …

Gov. Ron DeSantis praised Florida's actions three years into COVID for helping to avoid what he called a "Faucian dystopia," while harshly criticizing the federal response and claiming it led to an uncertain economic climate, the Ledger of Lakeland reports. 

“DeSantis trumpets anti-ESG alliance of GOP Governors” via A.G. Gancarski of Florida Politics — DeSantis is trumpeting a multistate coalition against environmental, social, corporate governance (ESG) principles in banking. The group has formed what a media release calls an “alliance” against Biden‘s “ESG financial fraud.” “At my direction, Florida has led the way in combating the pernicious effects of the ESG regime by directing our state pension fund managers to reject ESG and instead focus on obtaining the highest return on investment for Florida’s taxpayers and retirees,” DeSantis said.

Former President Donald Trump blasted DeSantis for wanting to give insurance companies widespread protections from lawsuits, calling it “the worst Insurance Scam in the entire Country!” on his Truth Social account, the Tampa Bay Times reports. 

Business issues …

Unemployment Claims Increase Slightly

For the first time in six weeks. Florida had a slight uptick in initial unemployment claims last week, while the overall number nationally fell. The U.S. Department of Labor on Thursday issued a report that estimated 5,141 new claims were filed in Florida during the week that ended March 11, up from a revised count of 4,865 during the week that ended March 4. Nationally, 192,000 applications for unemployment benefits were filed last week, down 20,000 from the previous week. While Florida’s total inched up for the first time since the start of February, it was still the second-lowest number since the start of the year. The Florida Department of Economic Opportunity on Monday said the state had a 2.6 percent unemployment rate in January, down from a revised rate of 2.7 percent in December. That represented an estimated 286,000 Floridians qualified as out of work in January from a workforce of 10.855 million. The department will release a February unemployment report on March 24.

Florida's unemployment rate in January was 2.6%, with the private sector adding more than 400,000 jobs from the same month a year earlier, the state Department of Economic Opportunity said Monday. Gov. Ron DeSantis touted the fact that the state's unemployment rate was lower than the nation as a whole for the 27th straight month, and credited his policies. "Florida is number one in net migration, tourism, and new business formations because we have bucked the elites and forged our own path forward towards success," DeSantis said. DEO Press Release / DeSantis Press Release

Politics …

FIVE QUESTIONS : We talk to Nikki Fried, the new chair of the Florida Democratic Party. Her goals? Regain voter trust, inveigh against DeSantis’ ‘fascist’ agenda this legislative session, and get out the vote

Centrist No Labels Group is Getting on Ballots, Worrying Dems

A centrist political group that calls itself "No Labels" has qualified to place some nominees on the ballot in Florida, along with a few other states, though the group can't get a presidential candidate on the ballot in Florida under current law. No viable third party effort has managed to upend the traditional two-party dominance of the political system in the country for well over a hundred years. Still, some partisans, particularly on the Democratic side, do worry about the effort splitting the vote. Pluribus News 

Donald Trump’s allies are stepping up their battle with DeSantis, formally accusing him of violating state ethics and election laws with his “shadow presidential campaign,” NBC News reports. 

RIP: Sam Bell, a former Florida lawmaker and the stepfather of U.S. Rep. Kathy Castor, died Tuesday night at 83. One former legislative colleague remembered how the strength of his convictions earned him the nickname "Bull Bell."