Legislative Update - March 24, 2023

During the third week of the session, the Florida Senate gave final approval to two major issues - expand school vouchers and tort reform to help protect businesses and insurance companies from lawsuits.  The bills now go to the Governor for his approval.

The House voted 83-27 last Friday in favor of HB 1 that would offer private school vouchers to any student regardless of family income. The Senate voted 26 to 12 and 2 Senators not voting.  The legislation has triggered sharp questions over its overall cost and scope from Democrats who have maintained it will turn over tax dollars to “millionaires” at the expense of public schools. Republicans counter that every student should have access to the school of their choice.

Florida legislators have also been working quickly to move an extensive line of DeSantis’ top priorities this Session, including bills dealing with ESG, higher education, the death penalty and immigration.

Legislature …

Tort Reform - Florida’s legal landscape could undergo a seismic shift due to sweeping new limits on lawsuits legislators have now approved. A priority for the Governor, Senate President Kathleen Passidomo and House Speaker Paul Renner, the omnibus bill (HB 837) makes substantive changes to how lawsuits are filed and litigated in the state, all but eliminating the long-standing statute that allows a policyholder who successfully sues their insurance company on a coverage denial claim to recoup attorney's fees. The bill also modifies the state’s comparative negligence system so that a plaintiff who is more at fault for his or her own injuries than the defendant may not recover damages from the defendant. It emerged from the Senate via a 23-15 vote with a handful of “no” votes being cast by Republicans such as Sens. Jennifer Bradley, Jason Brodeur, Erin Grall and Jonathan Martin. Several Senators who opposed the bill Thursday are lawyers.

The full House is scheduled to consider several bills today, including a governor-backed proposal (HB 3) that would prevent investment decisions based on social, environmental, political or ideological factors when state agencies, local governments and public educational institutions invest public money, and affordable housing legislation (HB 627, SB 102) that is a top priority of Senate President Kathleen Passidomo. That measure aims to boost affordable housing by providing tax incentives for developers to keep rates at lower than what the market would normally bring and bans local rent control ordinances. Another proposal (HB 85, SB 360) expected to be taken up on the House floor today would shorten the time for residents to file lawsuits relating to construction defects in their homes, along with another measure (HB 543) backed by legislative leadership that would eliminate the need to have a permit to carry a concealed weapon in Florida.

“Poll suggests Florida doesn’t want insurance companies protected from lawsuits” via Jacob Ogles of Florida Politics — About 58% of voters said if a motorcyclist rides without a helmet, which is legal under Florida law for those older than 21, and is struck by another driver, insurers should not be allowed to deny coverage. Only 32% said they do think insurance companies should be able to deny coverage. Moreover, 77% of respondents said if a pregnant mother is hurt or killed in an accident, she or survivors should be able to recover damages for the unborn child. Only 11% said damages should not be available.

“‘Open Carry’ measure now off the table, disappointing Second Amendment advocates” via Florida Phoenix — Less than 24 hours after a GOP lawmaker filed an amendment to gun legislation that could potentially allow open carrying of firearms in Florida has been withdrawn, disappointing Second Amendment advocates. That leaves the gun legislation, a permit-less carry bill, to proceed to a vote before the full Florida House of Representatives later this week. That bill, HB 543, would repeal the requirement that Floridians who carry a concealed weapon must get a license through the state. It would also mean Floridians would not have to take a gun safety and training course. Luis Valdes, the state director of Gun Owners of America, said he was disappointed that the open carry amendment will no longer be considered.

Mike Beltran introduces, then quickly withdraws, measure allowing people to openly carry weapons” via Anthony Man of the South Florida Sun-Sentinel — House Bill 543, known as permit-less carry, would eliminate the requirement that someone obtain a permit to carry a concealed firearm. Although that’s a major loosening of restrictions, it’s not enough for the most enthusiastic gun advocates, who also want to be allowed to openly carry weapons.

Affordable housing package heads to Florida House floor - The Senate on March 8 unanimously passed a similar bill (SB 102). As with the Senate version, the House proposal carries a $711 million price tag. Among other things, it would bar local rent control laws and pre-empt local-government rules on zoning, density and building heights in certain circumstances. It also would create tax exemptions for developments that set aside at least 70 units for affordable housing and speed up permits and development orders for affordable housing projects. [Source: News Service of Florida]

Immigration - Nine years after Republican Gov. Rick Scott and a GOP-led Legislature expanded opportunities for undocumented immigrants during an election year, Republicans now are poised to crack down on migrants and those who help them, the USA TODAY Network-Florida Capital Bureau reports. 

Lower Phone, Cable Tax Moves Forward in Senate - The Senate Regulated Industries Committee has given the green light to a bill that would reduce taxes on cell phone, cable and satellite plans. The legislation (SB 1432) would lower the state's Communications Services Tax, or CST, to 6%, which matches the statewide sales tax, and prohibit local governments from raising their CST rate for the next three years. The proposal is supported by business groups, nonpartisan government watchdogs and cable, internet and television organizations, but is opposed by the Florida Association of Counties, which argues it would decrease revenue for local governments. The current state CST rate is 7.44% but some local jurisdictions have rates as high as 7.96%. If the bill passes, Florida residents are expected to save around $168.75 million. The measure, sponsored by Panama City Republican Sen. Jay Trumbull, received unanimous approval and has two more committees to clear. An identical House companion (HB 1153), filed by Hudson Republican and freshman Rep. Kevin Steele, has yet to be considered in committee. Florida Politics

“Senate panel OK’s term limits for County Commission, School Board” via Anne Geggis of Florida Politics — A bill that would limit County Commissioners and School Board members to serving just eight years is advancing in the Senate. Sen. Blaise Ingoglia’s bill (SB 1110) comes fast on the heels of 12-year School Board term limits approved in last year’s legislation (SB 1467). County Commission members aren’t currently term-limited statewide, although some counties have term limits. Tuesday marked the first committee stop for the idea in the Senate, getting a nod from the Senate Ethics and Elections Committee with Democrats opposed. Rep. Alex Rizo filed similar legislation (HB 477) that has received approval on the House floor with Democrats’ dissent, 79-29.

EV Fee Increase on the Move - Electric vehicle owners could see an increase in fees next year under legislation (SB 1070) that unanimously passed the Senate Transportation Committee on Monday. Currently, owners of electric vehicles and plug-in hybrid electric cars pay annual tag fees just like gas-powered drivers. Under the proposal sponsored by Palm Harbor Republican Sen. Ed Hooper, electric vehicle drivers would be charged an extra $200 annually while plug-in hybrid drivers would pay an extra $50. Taxes on Gasoline pay for Florida’s road construction and maintenance, which is something that electric vehicle drivers don’t pay, or in the case of hybrids, don’t pay as much. The measure would also require fees to increase by another $50 in 2028. The bill has two more committees to clear but no House companion is currently filed. Florida is second to California in the number of EVs on the road and that number is increasing.

TikTok Would be Banned from State Devices Under Measure Moving in House - A measure (HB 563) that would ban social media services such as TikTok from state devices and wifi networks if they're owned by "foreign adversaries" including companies tied to the governments of China, Russia or Venezuela, unanimously cleared the House Constitutional Rights, Rule of Law & Government Operations Subcommittee on Wednesday, though not before some members questioned some of the details about exactly how state officials will determine which companies would be targeted by the bill. While taking social media companies has been a Republican push nationwide for a few years, the particular interest in Chinese-owned TikTok tracks a more bipartisan effort of late, with the Biden Administration having recently demanded that the popular app either be sold or risk facing a possible ban in the United States. The Florida bill, sponsored by Republican Rep. Carolina Amesty, has two more House committee stops. A Senate version of the legislation (SB 258) is scheduled for a hearing today in the Senate Fiscal Policy Committee. 

Open Records - A bill moving easily through the Legislature would prevent the release to the public of law enforcement records about how top state elected officials, including Gov. Ron DeSantis and legislative leadership, use the state plane or have used it in the past. Certain security information on use of the taxpayer-funded plane by the "the governor, the governor's immediate family, visiting governors and their families, the lieutenant governor, a member of the Cabinet, the speaker of the House of Representatives, the president of the Senate, or the chief justice of the Supreme Court" would be exempt from records release requirements by the bill (SB 1616), now awaiting a hearing in the Senate Rules Committee. The measure was approved unanimously earlier this week in the Senate Governmental Oversight and Accountability Committee. A House version of the bill (HB 1495) has also begun to move without opposition. It cleared the House Criminal Justice Subcommittee unanimously this week and has two more committee stops before the floor. Miami Herald

Governor …

Gov. Ron DeSantis extended a state of emergency declaration this week for 60 days as recovery efforts continue following Hurricane Ian. The Category 4 storm made landfall in September of 2022 near Fort Myers Beach and traveled up the state, crossing over central Florida and exiting near Jacksonville. The executive order frees up state funding sources and makes other resources and support available as multiple regions continue to recover. 2023 Executive Orders

The governor's book tour was held Thursday in Tallahassee at the Books-A-Million in the city's Killearn area. The event began at 3 p.m.; attendees are asked to begin lining up at 2:30 p.m. The entrance fee was $35. 

DeSantis is clashing with the state's chapter of the NAACP over the civil rights group's suggestion that a travel advisory should be issued for the state because of how the governor's policies are impacting people of color, USA TODAY reports. 

Business Issues …

Florida gas prices have topped the national average - Florida gasoline prices topped the national average for the first time since early February, with pump prices increasing 14 cents in the state over the past week. The average price of a gallon of regular unleaded gas in Florida was $3.45 on Monday, a penny higher than the national average, according to the AAA auto club. [Source: Tampa Bay Times]

Supreme Court …

Justice Polston to Leave Supreme Court - Florida Supreme Court Justice Ricky Polston on Monday announced that he will step down from the court at the end of the month. Polston, 67, was appointed to the Supreme Court by then-Gov. Charlie Crist in 2008, becoming the court's 83rd justice after sitting seven years on the Florida First District Court of Appeal. For several years, Polston was often one of just a couple of conservative voices on the Florida Supreme Court, often joining fellow conservative Justice Charles Canady in the minority. Starting in 2019, Polston found himself frequently in the majority as three more liberal judges were forced into retirement and replaced by Gov. Ron DeSantis with conservatives. Polston served a term as chief justice from 2012-2014, a period during which the court system continued to deal with hundreds of thousands of additional cases brought on the housing collapse that began in 2008. During his period as chief justice, the state's judicial branch also made a transition to electronic filing. The Judicial Nominating Commission will meet to nominate candidates, allowing DeSantis to choose a replacement. It will be DeSantis' fifth appointment to the court. Polston, who by law could have remained on the court until age 75, didn't give a reason for his resignation. Florida Supreme Court Release / Florida Politics / Daily Business Review 

Elections …

Democrat Donna Deegan and Republican Daniel Davis emerged Tuesday night as the top vote-getters from the seven-person race for Jacksonville mayor and now will face off in a May 16 runoff election, City & State Florida's Tristan Wood reports. 

Deegan, a three-time survivor of breast cancer and the cousin of the legendary former Jacksonville mayor Tommy Hazouri, is a challenge unlike any the charmed Davis has ever faced, the Florida Times-Union's Nate Monroe writes. 

Trump v. DeSantis: The leader of a super PAC that is supporting Trump filed an ethics commission complaint against DeSantis. Taylor Budowich of Make America Great Again penned a 15-page letter that contends DeSantis is running a “shadow presidential campaign” and may have violated several ethics laws including those that prohibit misuse of his position and bar gifts to elected officials.

“Poll shows Trump beating Biden in Florida, but DeSantis is more popular” via Jacob Ogles of Florida Politics — A poll from an advocacy group has Trump leading Biden among Florida voters. But it saw DeSantis with higher favorability in the state than either one. Metropolitan Research conducted a poll for Accountable Florida, a grassroots advocacy group. Pollsters found Trump in a stronger position in Florida now than when he won the state in 2020. About 47% of those polled said they would vote for him over Biden if the election were held today, while just 43% support the sitting President. Pollsters also tested favorability for Trump and Biden and Florida’s most prominent statewide elected officials. DeSantis, himself a likely candidate in 2024, posted the strongest numbers. About 51% of those polled had a favorable view of the Governor, with 42% reporting a very favorable opinion. There were also 43% who had an unfavorable view, with 37% offering a “very unfavorable” assessment.

Miscellaneous …

Joseph Harding, the Republican former Florida lawmaker who sponsored the controversial law critics call "Don't Say Gay," pleaded guilty to committing $150,000 in COVID-19 relief fraud, the Associated Press reports.