Legislative Update - April 21, 2023
Friday, April 21, 2023
Posted by: Keyna Cory | Public Affair Consultants, PA
Lawmakers are making their final push to end the session by the scheduled May 5 adjournment … or as we fondly call it … sine die. Bills that haven’t been heard by now in all assigned committees now have a shrinking path to passage. Many committees are winding down their work. Some are no longer meeting. There are approximately 600 bills that haven’t gotten a committee hearing. Yet, several committees are working on PCB – proposed committee bills where they are trying to tie up any last-minute issues such as election reform. The other big news in Florida … Floridians were abruptly awakened by an emergency alert on their phones at 4:45 a.m. Thursday morning. The state Division of Emergency Management was testing a new alert system, but the alert was supposed to be aired on television – not sent to cell phones. Governor DeSantis took to social media complaining about the alert and Senator Blaise Ingoglia threaten to file legislation that would stop emergency alerts on your phones during certain hours of the day. Legislature … BIG BUSINESS BILLS: The tort reform bill is far from the only legislation that corporate interests in Florida are focusing on this legislative session. We look at five bills they’re championing (or fighting) this year. Senate Releases Tax Package, Includes DeSantis Priorities, Some Differences with House - The Senate on Monday unveiled an annual tax package that includes savings of nearly $973 million next year and up to $1.2 billion over the two years for Florida taxpayers. The bill (SB 7062) includes a permanent sales tax exemption on baby and toddler necessities, including diapers and other incontinence products, which is supported by Minority Leader Lauren Book who has sponsored similar legislation for the past several years. The tax cut plan also provides for multiple 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. But the Senate measure differs from the House by allowing certain retailers, who generate less than 5% of their annual sales from the list of tax-exempted items, to choose not to participate in those holidays. Both plans do, however, include sales tax exemptions on gas stoves and a "Freedom Summer" sales tax holiday, among other things. Although the Senate proposal more closely aligns with Gov. Ron DeSantis' recommendations, neither the House nor Senate plans 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. Other differences between the two measures include a provision in the Senate plan that would save firearm safety equipment buyers about $4.5 million per year by offering a tax exemption on devices such as safes and trigger locks. The Senate tax package is scheduled to be considered in the Senate Finance and Tax Committee on Tuesday. Florida Politics / Senate Press Release Budget Conferencing Update: Lawmakers Poised to Hash Out Differences Starting Monday - House Speaker Paul Renner announced Thursday that allocations for the annual state budget are close to being agreed to and conferencing between chambers is likely to start Monday, April 24. He reassured members that no meetings would take place this weekend. The House and Senate passed separate budgets earlier this month and the two chambers are now working on allocating how much of the available money will go toward each section of the budget for the coming fiscal year. The next step involves conference committees to finalize an agreement. Issues that can't be agreed on by the joint budget conference committees are "bumped" to each chamber's Appropriations Committee chairs who try to work out the sticking points. In some cases, the differences may be decided by the House speaker and the Senate president. The result is called the Conference Committee Report, which is open for 72 hours before each chamber adopts and votes on the final version of the budget. The regular legislative session is scheduled to adjourn on Friday, May 5. Senate Closing in on "Social" Credit Score Ban - Most of the attention around a state investment practice bill set for a final vote in the Legislature has been on the measure's prohibition on state or local government investments in companies based on "environmental, social governance" practices, but another provision of the bill has been on the agenda for conservative activists around the country. The House-passed bill (HB 3), which is ready for a final vote in the Senate and widely expected to pass, would also prohibit "social credit score" decisions by banks. Conservative think tanks and activists have raised concerns that banks may refuse to serve conservatives and make decisions on whether to lend to customers or offer other banking services to customers based on political beliefs, evaluating them as a risk based on a "social credit score," rather than a financial credit score. The bill would prohibit the use of such scores, and says that banks, when deciding whether to provide services to a potential customer, couldn't consider the person's political opinions or religion, or certain things about the person such as whether they own a gun, or whether they work in the fossil fuel industry. Some conservative activists have pointed to China, where in addition to a traditional credit rating system, some local government officials have experimented with a "social credit" system that tracks certain behaviors by individuals and companies, such as whether they've paid court fines, or spread "harmful" information online. The Florida bill bans a practice that would be different from what is envisioned by critics of what is contemplated by Chinese officials. While in China, the "social" scoring system involves government tracking of behaviors and is more broad than whether someone could purchase financial services, the Florida measure only would stop banks and other financial institutions from using factors other than finances and financial risk in deciding whether to offer banking services. A different portion of the bill – the part that has drawn more attention – would prevent state and local governments from investing money or issuing bonds based on political or ideological reasons rather than financial ones. Several other states are considering similar legislation. The Florida bill could get a final vote this week. - As conservatives push bans on ESG investing by government funds, some critics argue the effort to avoid liberal or environmental politics driving investments could cost taxpayers in lost potential for financial gain. The Hill
House Elections Reform Bill Filed - An over 100-page-long election reform measure released by the House Monday night would make significant changes to Florida law that could have a major impact on the state's electoral process. The committee bill (PCB SAC 23-01) is linked to the Senate’s version of SB 7050, which aims to crack down on voter fraud. The legislation in the House revises various aspects of the Florida Election Code, including requirements for voter signature updates, mandatory signature matching training for election officials, modernization of notice requirements and additional requirements for third-party voter registration organizations. The proposal would also make updates to voter registration list maintenance programs, coordination with local clerks of court, provisional ballot requirements and enhanced post-election reporting requirements. The measure creates new candidate disclosure requirements, methods for using nicknames on the ballot and uniform statewide applications for mail-in ballot requests. Additionally, the bill increases fines for certain election law violations and regulates the use of voter guides. It's scheduled to be considered in the House State Affairs Committee on Wednesday. Legislature Passes Partisan School Board Amendment, Voters Will Decide on Proposed Change - The Senate on Wednesday passed a proposed constitutional amendment (HJR 31) that seeks to make school board elections partisan races starting in November of 2026. First, the question will go to voters, who will be asked to amend the state constitution to affect the change. Sixty percent of voters have to vote yes on the proposed amendment for it to go into effect. The vote in the Senate was 39-11. The measure had passed the House earlier. Proposed constitutional amendments don't need gubernatorial approval. Politico A bill (HB 1191) that would allow a study on the use of phosphogypsum in road building was approved Monday by the House Infrastructure Strategies Committee, sending the proposal to the full House for consideration. Backers of the proposal say finding a use for phosphogypsum, a byproduct left behind when phosphate rock is used to make fertilizer, is a way to recycle the material rather than storing it in gypsum stacks. Opponents say the environmental hazards of spreading it in road beds are too great. Most uses of the material are currently banned by the federal Environmental Protection Agency. Florida Politics Lawmakers passed a bill allowing convicted child rapists to be sentenced to death by a less than unanimous jury, sending the measure to DeSantis, who is expected to sign it, Florida Politics reports. A bill prohibiting minors from attending certain "adult" performances and one dealing with bathroom use are among measures lawmakers have taken up this week that the LGBTQ community says targets them specifically. Tampa Bay Times A controversial defamation bill is dead in the Legislature. Sources in both the House and Senate confirm they have ceased negotiations on the measure. The legislation, which drew criticism from media voices across the political spectrum, would have lowered the threshold to sue media outlets and others. Sen. Jason Brodeur, a Lake Mary Republican, sponsored the bill in the Senate (SB 1220) and Rep. Alex Andrade, a Pensacola Republican, carried it in the House (HB 991). The legislation was a priority for Gov. Ron DeSantis, who earlier this year held a roundtable discussion with individuals holding grievances against the mainstream press. Florida Set to Make DeSantis Travel Records Secret - Information about Gov. Ron DeSantis' travel schedule, including records about how he has used the state airplane in the past, would be exempt from public disclosure requirements under a bill (SB 1616) passed this week in the Senate that's now awaiting House approval. The effort to restrict information on the governor comes as he is expected to ramp up travel as part of a presidential campaign. The bill passed Wednesday in the Senate by a 28-12 vote. The Republican supermajority in the Senate made the measure possible because new exemptions to the state's public records law are required by the Constitution to pass with at least two-thirds approval in each chamber. The House is also expected to pass the proposal. Politico Governor … On Thursday, DeSantis signed a bill (SB 450) that would allow a two-thirds supermajority of jurors to impose capital punishment.Florida will now require that only 8 jurors instead of 12 agree on a death sentence when making recommendations to judges in capital cases, giving the state the lowest threshold for death penalty jury verdicts in the country. In DeSantis Mandate Session, Conservatives Are Pushing Hard - In just over 40 days of the ongoing legislative session, Republican lawmakers allied strongly with Gov. Ron DeSantis have pushed through one of the strictest abortion prohibition laws in the nation, eliminated a requirement for permits to carry concealed weapons, dramatically expanded school vouchers and helped shield insurance companies from lawsuits. Before the DeSantis agenda legislative session ends next month, conservative changes to immigration law and new limits on transgender health care are also likely to be signed into law by the governor, who has pointed to a landslide re-election victory as a mandate. Bloomberg DeSantis, Legislators to Ramp Up Fight Against 'Woke' Disney - Gov. Ron DeSantis on Monday said he'll push the Legislature to pass new laws targeting Walt Disney World as part of an ongoing battle over control of development around the park and the company's corporate ethic, which the governor has said is too "woke" for Florida. DeSantis is calling on lawmakers to change state law to require new inspection of Disney rides, and also suggested that a new state board he controls that owns property around the central Florida theme park could raise tax rates, which would cost the entertainment company. It could, he also said, convert land in the area to a rival amusement park, or other things that could damage Disney's business – even mentioning siting a state prison nearby – as part of his ongoing feud with the company. That feud started when a previous Disney CEO last year publicly opposed a DeSantis-backed bill limiting public school instruction on sexual orientation and gender identity that was opposed by many in the LGBTQ community. DeSantis and lawmakers then abolished a Disney-controlled local government taxing district that had been in charge of the area near the park and provided services to the park, replacing it with a new board controlled by the governor. "My mantra was, you're not going to have Disney have its own government in central Florida, they're going to live under the same laws as everybody else, pay their fair share of taxes, and honor the debts that they've accumulated over these years." DeSantis said. But the old board quietly took a vote that took back some control of the area just before it was abolished. DeSantis said the new board will declare this week that last-minute agreements signed by the old board with Disney are void because of "a plethora of legal infirmities." Democrats blasted the governor's ongoing battle with the entertainment icon, saying it has become a personal battle. "He needs to let go and move on." Democratic Sen. Linda Stewart told Politico. DeSantis, she said, was interested in “retaliation, not good government." Orlando Sentinel / Tampa Bay Times-Miami Herald / USA Today Network / Politico / The Center Square / New York Times / The Hill / CNN / Bay News 9 / Twitter (Video) Related: Gov. Ron DeSantis' war on Walt Disney World is drawing criticism from within his Republican Party, with several other politicians and activists saying the battle is an unnecessary and silly distraction that the governor is losing anyway. Politico / Axios / Florida Politics In a win for DeSantis and Republican lawmakers, a federal appeals court tossed out a challenge to a 2019 immigration law that banned so-called sanctuary cities in Florida, the News Service of Florida reports Business issues … Four out of the five US metro areas with the lowest unemployment are in Florida - Four out of the five US metropolitan areas with the lowest unemployment rates are in Florida, thanks to the state’s growing population, robust tourism activity and increased business investment. Miami had the lowest unemployment rate of metropolitan areas with more than 1 million people in February at 2.2%, tied with Birmingham, Alabama, according to the latest rankings from the Bureau of Labor Statistics. Jacksonville, Tampa and Orlando all had unemployment rates below 2.7% that month. Nationally, the jobless rate stood at 3.5% in March. [Source: CNN] Gas Prices on the Way Up - The average price of a gallon of gasoline in Florida reached the highest point last week since the end of January, before showing some easing. But prices are expected to increase again because of rising global oil costs. “Crude prices rose last week on the belief that easing U.S. inflation could lessen the pressure on the Federal Reserve to raise interest rates, which could ultimately be bullish for gasoline demand,” the AAA auto club said in a news release Monday. “Also propping up prices is a report from the International Energy Agency which forecasts global fuel supplies may not be able to keep pace with global fuel demand, due to OPEC's decision to cut oil production by more than 1 million barrels per day starting next month.” An average gallon of regular unleaded in Florida cost $3.56 on Monday, down 2 cents since reaching $3.58 last Tuesday. Prices had gone up six straight days before hitting $3.58. With crude oil reaching a 2023 high, market conditions are expected to translate into a 5-cent increase at the pump, according to AAA. The average price Monday was about 44 cents a gallon less than a year ago, but up 10 cents from a month ago. Florida’s highest average prices are in the West Palm Beach, Fort Lauderdale and Miami areas, while the lowest averages are in the Panhandle. The national average price was $3.67 on Monday, the highest since just before Thanksgiving. Assessment Approved on Property Insurance Premiums to Cover Insolvent Company Claims - Florida Insurance Commissioner Mike Yaworsky has approved a request for a 1% emergency assessment on all property insurance premiums for new and renewing policies to help cover outstanding claims from insurers that have gone insolvent. The Florida Insurance Guaranty Association, or FIGA, which pays claims when insurance companies go under, had asked the state to assess the emergency charge. The assessment, the fourth surcharge for FIGA in the last two years, will be collected starting Oct. 1 and continue at least until Sept. 30, 2024. The assessment is charged to property insurers, but will likely be passed on to policyholders. It would amount to about $30 extra per policyholder per year. FIGA said the additional funds are needed due to at least seven insurers going insolvent over the last year. FIGA plans to issue $150 million in bonds that will help pay thousands of hurricane claims left after the liquidation of United Property & Casualty Insurance Co., which became insolvent earlier this year. Later, FIGA will "use its best efforts" to issue revenue bonds of as much as $750 million to cover other outstanding liabilities. The insurance industry blames litigation, along with hurricanes and the high cost of reinsurance as reasons for insurer insolvencies. Insurance Journal / WFLA / WESH Supreme Court … 15 Applicants Seek Supreme Court Seat - Four appellate judges and four circuit judges are among 15 candidates seeking to replace former Florida Supreme Court Justice Ricky Polston, after a state nominating commission extended an application deadline. The initial deadline was April 3, but the commission extended the deadline to Monday after receiving three applications. Two of the initial applicants — 6th District Court of Appeal Chief Judge Meredith Sasso, and Hillsborough County Circuit Judge Thomas Palermo — are part of the new group of candidates. Tampa lawyer Belinda Gail Quarterman Noah, who initially applied, has dropped out. Three other 6th District Court of Appeal judges — Joshua Mize, Jared Smith and John Stargel — also submitted applications to replace Polston, who left the Supreme Court in March and was named general counsel of the state-backed Citizens Property Insurance Corp. Also applying for the Supreme Court seat are Thomas McHugh, chief judge in the 20th Judicial Circuit, and Judge Bruce Kyle, who also serves in the Fort Myers-based circuit. In addition, 9th Judicial Circuit Judge Tarlika Nunez-Navarro applied. The Florida Supreme Court Nominating Commission will interview the 15 candidates on May 3 in Orlando, according to a schedule released Tuesday by commission Chairman Fred Karlinsky. Other candidates include Roger Gannam, assistant vice president of legal affairs at Liberty Counsel. In his application, Gannam said he has engaged in “public interest litigation in constitutional religious liberty cases.” Other applicants are Derek J. Angell, an Orlando attorney with the Roper, P.A. firm; Victoria J. Avalon, director of appellate and civil litigation in the 10th Judicial Circuit; Woody Robert Clermont, assistant city attorney for Miami Beach; Autumn M. Miller, a Panama City-based assistant regional counsel for the Regional Civil and Conflict Counsel, 1st Circuit; Bryan Edward Sarabia, an assistant state attorney in the 6th Judicial Circuit; and Spring Hill lawyer Scott Toner. The nominating commission will send a list of recommendations to Gov. Ron DeSantis, who will make the appointment to the seven-member court. The Republican governor has appointed four of the current justices — Chief Justice Carlos Muniz and Justices John Couriel, Jamie Grosshans and Renatha Francis. “Senators align hemp bill with House product in final Committee” via A.G. Gancarski of Florida Politics — A hemp bill that once imposed onerous THC caps and a controversial ban on synthetically derived cannabinoids was changed in the House, and now the Senate version matches that bill. Members of the Senate Fiscal Policy Committee included a strike-all amendment that cut both items, mirroring a move in the House earlier this week. The end result is a product that maintains age limits for purchase and usage, as well as a ban on packaging that’s “attractive to children.” But the essential product itself will largely be unchanged in the wake of intense and sustained pushback from the in-state hemp industry. Other news … Gillum Corruption Trial Begins - The federal corruption trial of former Democratic gubernatorial nominee Andrew Gillum begins today in Tallahassee. Gillum, 43, is facing 19 federal charges on allegations of soliciting political contributions under false pretenses, routing the money through a political advisor's communications company and then redistributing the money to Gillum. The advisor, Sharon Janet Lettman-Hicks, 54, is also facing charges in the case. The trial is expected to last about three weeks. Tampa Bay Times / Tallahassee Democrat / CBS Miami / Action News Jax Elections … “DeSantis — not Trump — leads Biden in battleground states,” via Alex Roarty of McClatchy DC — DeSantis narrowly leads Biden in the battleground states of Arizona and Pennsylvania, according to a poll of a hypothetical matchup between the two men in the 2024 presidential race. The same survey, however, finds Biden leading Trump in the two swing states, albeit by tight margins. The poll, conducted from April 11 through April 13 by GOP firm Public Opinion Strategies, should bolster the argument from many DeSantis supporters that the Florida Republican is more electable than the former President. “Florida GOP forms “Make America Florida” committee to shape national platform” via Josh Miller of The Florida Standard — Today, Florida Republican Party Chair Christian Ziegler announced the Make America Florida committee, an effort by the Florida GOP to shape the 2024 National Republican Party Platform. Ziegler says DeSantis and the Florida Legislature lead the nation on issues that affect everyday Americans. “When I visit any of the other 49 states, I always hear that they want more Florida in their state, and it ain’t the sunshine and beaches they are talking about,” Ziegler said. “There is a strong hunger for Florida Freedom, which is why I have launched the Florida GOP Make America Florida Committee.” Testing the waters: Gov. Ron DeSantis is meeting with a group of congressional Republicans this evening in Washington to drum up support for his likely campaign for the GOP presidential nomination. “DeSantis visits D.C. as congressional endorsements pile up against him” via Alex Roarty of the Miami Herald — About a dozen protesters playing songs from Public Enemy and chanting Disney-related insults gathered outside here Tuesday in an attempt to heckle DeSantis, who was meeting and mingling with Republican lawmakers inside a building less than a mile from the U.S. Capitol. DeSantis has a bigger problem on his hands this week than a handful of angry critics. DeSantis was making a rare visit to the nation’s capital just as a growing number of Republican lawmakers, including many from Florida’s congressional delegation, publicly endorsed Trump. Moneymen: GOP megadonors aren’t happy about the six-week abortion ban, but DeSantis reportedly believes it was necessary to win a primary against Donald Trump.
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