Legislative Update - April 15, 2023

On Monday, during the House Commerce Committee, a State Representative had a few choice words for some of the people who testified on a bill about bathrooms.  “The Lord rebuke you, Satan, and all of your demons and all of your imps who come parade before us. That’s right, I called you demons and imps who come and parade before us and pretend that you are part of this world.” — Rep. Webster Barnaby.  The bill seeks to prevent transgender men and women from using bathrooms that don’t line up with their sex assigned at birth. After the bill passed, Barnaby apologized to the audience for his words.

Legislative Black Caucus denounces Webster Barnaby’s anti-trans comments — The Florida Legislative Black Caucus condemned Republican Rep. Barnaby for saying trans people are “mutants, demons, and imps” during a Committee hearing on a bill that would require individuals to use the bathroom correlated with the sex they were assigned at birth. Barnaby in his comments said that his views were based on his Christian faith. “This type of behavior has no place in the Florida Legislature, there should be swift action taken as a result of this. Rep. Barnaby should be censured and held accountable,” said FLBC Chair and Democratic Rep. Dianne Hart. Democratic Rep. Michele Rayner-Goolsby added, “The disgusting and hateful rhetoric used by Rep. Barnaby further illustrates the divisive culture that the Republicans have created in this Legislature. It is unconscionable that an elected official would refer to any citizen of the State of Florida as ‘mutants,’ ‘demons,’ or ‘imps.’”

Legislature …

Gov. Ron DeSantis late Thursday signed the state’s six-week abortion ban into law just hours after the GOP-led Legislature approved it, upending Florida's status as an abortion haven in the south, Politico Florida reports. 

A lot of work left to do: Republican lawmakers have wielded their super majority in the state’s House and Senate to move quickly on legislation long sought by their party: more abortion limits, tort reform and school vouchers. But with many of DeSantis’ priorities yet to gain traction before he gears up for an expected presidential run, the Legislature is going to be busy for the next 30 days. Halfway through the 2023 legislative session, here are some of the major legislation that passed and other measures we’re watching.

10 big issues at legislative halftime - Florida lawmakers Wednesday reached the halfway point in this year’s 60-day legislative session. The House and Senate have passed high-profile bills involving issues such as affordable housing and school vouchers, but major issues remain to be resolved. Here are snapshots of 10 big issues. [Source: News Service of Florida]

Senate and House Closer Together Than in Previous Years as They Work on Compromise Budget - If how close the Senate and House are to each other in the size of the budgets they initially pass is an indication of how easy it will be to reach a compromise, this year's budget negotiations could go pretty smoothly, by comparison to other recent years anyway. Both chambers passed their respective budgets last week and they're about $697.2 million apart, with the Senate's $113.7 billion budget the larger of the two. That difference is the smallest it's been in the last four years. The chambers are much closer together than they were last year when they passed budgets that were a whopping $3.3 billion apart in overall spending. The House and Senate differed by more than $2 billion the year before that and by more than $1 billion the year before that. The last time they were closer than they are this year was when they were working out the budget for Fiscal Year 2019-20, when the House and Senate initially passed budgets that were about $423 million apart. The next step in working out a budget that both chambers can vote out is deciding on "allocations," or how much money will be allocated to each spending silo in the budget. Last year, after both chambers passed their separate budgets, it took 11 days to work out the allocations. In 2020, it took 22 days.  

House Tax Package Clears First Hurdle, Senate Begins Talks on Tax Plan - The House Ways & Means Committee unanimously advanced the House's annual tax package on Thursday. The 73-page proposal includes a permanent sales tax exemption on baby and toddler necessities, including diapers and other incontinence products – initiatives Gov. Ron DeSantis floated earlier this year. The plan, however, does not include the governor's call for a one-year sales tax exemption on basic household items under $25, such as hand soap and toilet paper. The proposal (PCB WMC 23-02), worth $1.4 billion, includes a 1% cut to the business rent tax for 13 months and several sales tax holidays, including an expansion of the annual back-to-school sales tax holiday scheduled at the beginning of the fall semester and at the beginning of the spring semester. 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. Additionally, the package provides for a sales tax exemption on gas stoves, which will save buyers an estimated $6.8 million. On the other side of the Capitol, the Senate began discussing its tax package plans, with Senate Finance and Tax Committee Chairman Sen. Blaise Ingoglia, R-Spring Hill, saying he wanted to compensate local governments impacted by recent property tax cuts. Although no bill has been filed yet, Ingoglia highlighted more of his priorities such as a permanent sales tax exemption on firearm safety products, and a reduction in the business rent tax. A final tax package will be hammered out during budget conferencing between the House and Senate over the next few weeks. Florida Politics 

House Speaker Paul Renner touted a series of bills aimed at increasing penalties for violent offenses, part of a push by legislators – prodded by DeSantis – to crack down on crime, Florida Politics reports. 

Push to Permanently Ban COVID Precautions Clears First Hurdle in House - A bill strengthening existing pandemic-era prohibitions on mask, vaccine and testing mandates cleared its first committee on Monday. Under the legislation (HB 1013), businesses, government entities and schools would be permanently barred from requiring anyone to wear masks or get vaccinated, which backers of the plan would amount to a form of discrimination. The proposal also prohibits employment decisions based on those requirements. Additionally, the measure would require state health regulators to create guidelines for masks in medical facilities and provide for a "patient's right to choose COVID-19 treatment alternatives." The proposal, sponsored by Panama City Republican Rep. Griff Griffitts, passed the House Health & Human Services Committee on a 12-5 vote. A similar Senate companion (SB 252), filed by Sen. Colleen Burton, R-Lakeland, is also moving through the committee process. An initial ban on vaccine and mask mandates was passed by lawmakers in 2021 but that law is expected to sunset on June 1 of this year. Gov. Ron DeSantis implied earlier this year that the Legislature would codify such provisions and permanently ban mask mandates and COVID-19 vaccination requirements at schools and businesses. Florida Phoenix

“Florida lawmakers have new plan for insurance crisis: ‘Insurer accountability’” via Lawrence Mower of the Tampa Bay Times — After years of giving Florida’s homeowners' insurance companies largely what they wanted to stem rapidly rising premiums and insurer insolvencies, state lawmakers introduced a new approach this week: “insurer accountability.” That’s the title of a new bill that would increase fines for bad behavior by insurance companies, require them to report more information to the state, and follow “best practices” for handling claims. Property insurance companies would also be prohibited from dropping a policyholder until the repairs on their home have been completed. “If there’s bad actors out there, we’re going to hold them accountable,” said the bill sponsor, Sen. Travis Hutson.

Election changes underway: A new Florida election bill unveiled last week would make some voters ineligible to vote by mail, voter registration groups would face enhanced scrutiny and new penalties for certain violations, and candidates and political committees wouldn’t have to report their political contributions as frequently.

“Religious leaders fear Florida bill could make it a crime to take immigrants to church” via Skyler Swisher and Desiree Stennett of the Orlando Sentinel — Some Florida church leaders fear a proposed crackdown championed by DeSantis could criminalize giving immigrants without legal status rides to services, Sunday school or doctor’s appointments. State lawmakers are considering a sweeping immigration package that would make “willfully and knowingly” concealing or transporting a person who is in the country illegally a felony crime punishable by up to five years in prison.

The governor wants to make it harder for public-sector unions to collect dues, with exceptions for police and firemen, Business Insider reports. 

A key Senate panel approved a complete rewrite of a DeSantis-backed higher education bill, scrubbing any references to “diversity, equity and inclusion,” the Tampa Bay Times reports. 

Governor …

DeSantis is pushing the toughest immigration crackdown in the country, which would penalize those who aid undocumented immigrants and track costs for providing them with health care, the New York Times reports.

State investigates Disney: DeSantis ordered an investigation into what he said appears to be “self-dealing” and other “ethical violations” by Walt Disney World after the governor was blindsided by a decision made by a Disney-aligned governing board that undercut the governor’s authority over the special taxing district that oversees development at the Disney property.

Disney fights back: In the face of a legal brawl with DeSantis, the head of the Disney entertainment empire forcefully defended his company’s actions at the annual shareholder meeting, saying the governor’s “retaliation” against the “biggest taxpayer in the state” is “anti-business” and “anti-Florida.” It was the most publicly outspoken anyone from the entertainment company has been since the conflict between Disney and DeSantis first began simmering last year.

DESANTIS TO HEAD OVERSEAS: DeSantis’ international travel plans might be expanding: The Japan News reported DeSantis will visit Tokyo later this month as part of a state delegation to promote business with Japan.

Hemp …

Measure Further Regulating Hemp Products Moving Along - The House Agriculture & Natural Resources Appropriations Subcommittee advanced a bill on Wednesday that would create a maximum THC potency level in hemp products to keep them separate from medical marijuana in state law. In 2019, lawmakers agreed to make it legal to grow and sell hemp and hemp extracts. Medical marijuana contains THC, the chemical that can give users a euphoric feeling, while hemp extracts instead contain a chemical called CBD, which can be bought over the counter in many different forms, including oils, lotions and gummies. The legislation (HB 1475), sponsored by Bradenton Republican Rep. Will Robinson, would ban the sale of edible hemp products to anyone under the age of 21 and clarify that hemp derivatives are not considered controlled substances. Under the proposal, hemp products could only be sold in containers that are not attractive to kids and production facilities would have to meet food safety standards. Supporters are concerned about how edible hemp products that contain THC, such as Delta-8, are being consumed. But members of Florida's hemp industry are concerned that the measure's provisions will negatively impact their businesses by regulating the products too strictly. It passed on a 12-3 vote. Robinson noted that he plans to amend the legislation before its next committee stop, adding that he would consider a higher THC cap in an effort to find common ground. A similar Senate bill (SB 1676) is being carried by Lakeland Republican Sen. Colleen Burton. The initiative is also supported by Agriculture Commissioner Wilton Simpson. Both House and Senate versions of the proposal have one more committee stop. WFSU / Florida Politics 

Business Issues …

“Retailers anticipate growth in 2023 despite inflation” via Jacob Ogles of Florida Politics — Even with inflation making consumers choose purchases carefully, Florida retailers expect growth in sales this year. A new forecast from the National Retail Federation (NRF) predicts retail sales in 2023 to grow somewhere between 4% and 6%. That would put national retail sales for the year as high as $5.23 trillion, the first time in history that national retail sales surpassed $5 trillion. The projection still expects less growth than in 2022, when sales jumped 7% and reached a record high of $4.9 trillion.

Florida gas prices surge to yearly high - Florida gas prices are back up to a yearly high. The price per gallon rose 12 cents to $3.58, a tie for the highest price for the year set in January. The jump was expected, as OPEC announced cuts in oil production, which caused prices to surge. "It's possible that retail gas prices could inch up a little more this week before fully adjusting to the moves in the futures market," said Mark Jenkins, spokesman, AAA - The Auto Club Group. More from the Tallahassee Democrat.

State Unemployment Claims Rise - Florida last week had the largest number of first-time unemployment claims in more than two months, but the pace remains similar to the period before COVID-19 slammed into the economy in early 2020. The U.S. Department of Labor on Thursday released a report that estimated 6,014 claims were filed in Florida during the week that ended April 8, up from a revised count of 5,096 for the week ending April 1. Last week’s estimated total was the largest number since 6,434 claims were filed during the week that ended Feb. 4. The state has averaged 5,329 claims over the past four weeks. Meanwhile, an estimated 239,000 claims were filed last week nationally, up 11,000 from the previous week. That was the highest total for a week since Jan. 14, 2022, when 251,000 claims were filed. Thursday’s report came after the Department of Labor said last week that the U.S. economy added 236,000 jobs in March. Florida had a 2.6 percent unemployment rate in February. That reflected 284,000 people qualified as unemployed, down 2,000 from a month earlier. At the same time, the labor force grew by 24,000 to 10.879 million. The state Department of Economic Opportunity will release a March unemployment report on April 21.

Advocacy organizations for Florida's LGBTQ community and for immigrants on Wednesday issued separate advisories warning their constituents about traveling or moving to Florida. Equality Florida said LGBTQ people could face risks in the state and the Florida Immigrant Coalition urged "extreme caution" for "people of color, individuals who speak with an accent, and international travelers," coming to Florida. Sun-Sentinel

Elections …

“Donald Trump's camp is trying to force Ron DeSantis to resign and formally declare a 2024 run, accusing the Governor of 'taxpayer-funded globe-trotting'” via Aditi Bharade of Business Insider — An email from the Trump campaign accused DeSantis of not formally declaring a 2024 Presidential run and using his Governor's salary to fund unofficial campaign travels. “Florida Gov. Ron DeSantis is currently on a month-long, taxpayer-funded presidential campaign schedule paid for by Florida taxpayers, and new questions are emerging as to whether this will force DeSantis to resign from office,” read the campaign's email. Under Florida's “resign to run” law, candidates running for other offices must resign from their current post at least 10 days before running for the position they desire.

“For DeSantis, overflowing war chest obscures the challenges ahead” via Rebecca Davis O’Brien of The New York Times — DeSantis’ formidable war chest, at least $110 million in state and federal committees aligned with him, is no guarantee of success on the national stage, and his financial firepower brings with it a series of challenges he must navigate to capture the Republican nomination. DeSantis’s unsteady debut on the national stage over the past month, including remarks about Ukraine that alarmed many Republicans and hesitant counterpunches against Trump, has also showcased his aloof and at times strained relationship with donors.

MONEY CHASE: As he continues ramping up a potential 2024 White House bid, Gov. Ron DeSantis’ political committee raised nearly $3.68 million in March

DeSantis’ long-haul national strategy: DeSantis’ team is already plotting out a strategy to run against Trump for the long haul. The plan focuses less on making a quick splash in places like Iowa or New Hampshire and more on outlasting the former president in a battle for Republican convention delegates, NBC News reports.

Casey DeSantis is the X-factor in her husband’s inner circle as he readies a White House run, the Tampa Bay Times reports. 

A new poll from Victory Insights shows Trump is now leading DeSantis in a hypothetical 2024 head-to-head matchup among likely Republican voters in the Sunshine State, the National Review reports. 

Former Democratic state Rep. Carlos Guillermo Smith filed to run for a state Senate seat in 2024, seeking to succeed Sen. Linda Stewart of Orlando, who can’t run again, the Orlando Sentinel reports. 

“The majority of Florida Democrats stayed home from the polls in 2022. What happens now?” via Chris Persaud of The Palm Beach Post — When DeSantis and state Republicans criminalized most abortions, weakened Black political power and passed anti-LGBTQ laws, Florida’s Democrats responded not with a fight, but mass surrender. The majority of the party’s registered voters did not go to the polls in November. Democrats who stayed home said they didn’t feel inspired by their party or its top candidate. And there were more than enough nonvoting members of the party to overcome DeSantis’ lead over Democrat Charlie Crist. Now with Democrats all but shut out of power in Florida’s government, their new leader Nikki Fried says she has a plan to change that, and campaign experts say it might work.

Trouble for Sarasota Democrats continues as no-party and minor-party registered voters now outnumber registered Democrats in the county, the Sarasota Herald-Tribune reports.