Legislative Update - June 2, 2023

A tropical depression formed in the Gulf of Mexico on Thursday, which was the official first day of the Atlantic hurricane season.  A new survey found 20% of Floridians have made no preparations for this year’s hurricane season, despite last year’s destruction, the South Florida Sun Sentinel reports. 

The first of two hurricane preparedness tax holidays is underway, running through June 9. In addition to flashlights, batteries and portable generators, the tax holiday also will exempt certain household goods, including cleaning products, pet food and trash bags. A full list of tax exempt items is on the Florida Department of Revenue website. Tampa Bay Times / FDEM Press Release

'Freedom Summer' Tax Holiday Underway - While the first of two hurricane preparedness tax holidays is currently underway, another three-month "freedom summer" sales tax holiday is also happening. The "freedom summer" tax holiday began on Memorial Day, Monday, May 29 and will run through Labor Day, Monday, Sept. 4. Recreational items, such as sporting goods, tickets to live events, movies, boating supplies, camping supplies, bikes, grills, surfboards, sunscreen and gym memberships will not be subject to Florida's 6% sales tax. "Summer is a time to explore, to try new things, and to create lasting memories with friends and family," said House Speaker Paul Renner. "We want to make it easier for everyone to do that by offering tax savings on all the things that make Florida summers great." A full list of tax exempt items can be found on the Florida Department of Revenue website. In total, six sales tax holidays were included in the state's $1.3 billion tax relief package (HB 7063) passed by legislators earlier this month and signed into law by Gov. Ron DeSantis last week. Renner Press Release

New data from the recent census reveals that U.S. residents aged 65 or older increased by over a third, marking the fastest growth rate in 130 years. Meanwhile, the percentage of children declined. This shift led to a rise in the country's median age from 37.2 to 38.8. In Florida, older adults comprised more than a fifth of the state's population. The trends were driven by factors such as baby boomers reaching old age and millennials delaying childbirth. Associated Press

Protests are planned across six Florida cities and some businesses across the state are shutting their doors today in opposition to a tough, new immigration law pushed by DeSantis.

Governor …

“GOP officials: Top aides in Governor’s Office asked lawmakers to endorse Ron DeSantis” via Zac Anderson of the Sarasota Herald-Tribune — A Republican lawmaker says DeSantis’ top budget official called earlier this month to discuss the lawmaker endorsing DeSantis’ presidential campaign.

The lawmaker and a GOP consultant who was told about the endorsement conversation with DeSantis’ budget chief Chris Spencer immediately after it happened said the call was inappropriate and raised ethical questions. Having state employees in the Governor’s Office, instead of staff on the Governor’s political team, asking for endorsements raises concerns about whether the Governor’s staff was improperly leveraging state resources to help his campaign. That includes using taxpayer-funded employees for political purposes, which is inappropriate in this circumstance.

It also relates to what some saw as an implied threat that lawmakers’ bills and state budget items could be vetoed if they didn’t back DeSantis.

Another top DeSantis aide — legislative affairs director Stephanie Kopelousos — did discuss budget items during calls with multiple lawmakers that included Kopelousos asking them to endorse DeSantis, according to the GOP lawmaker who spoke with Spencer.

That lawmaker later spoke with at least five legislators who were asked by Kopelousos to endorse DeSantis. Another prominent GOP leader in Florida said he spoke to a lawmaker who relayed that he repeatedly was contacted by Kopelousos about endorsing DeSantis.

DeSantis Begins Presidential Campaign with Mixed Environmental Record in Fla - Gov. Ron DeSantis has pushed for billions in spending to restore waterways and the Everglades but has also supported legislation banning local environmental regulations. He rejects man-made climate change publicly but has gone along with efforts to address rising sea levels. He has signed several bills pushed by developers and industry that have been opposed by environmentalists. The governor started out – when he first ran for governor – talking extensively about reclaiming environmental stewardship for Republicans. But the governor's record has been very mixed. One environmental advocate calls DeSantis' environmental policy record "confusing – and hypocritical." Politico

DeSantis Signs Bills to Tighten Insurance Industry Oversight - A bill aimed at holding insurance companies more accountable for how they treat policyholders was signed into law by Gov. Ron DeSantis. The measure (SB 7052) bolsters the Office of Insurance Regulation by giving the agency more resources to investigate insurers mishandling claims, especially after hurricanes. Insurers will face larger fines and state insurance regulators will now have more authority to investigate consumer complaints and ensure insurer stability under the new law. The updated provisions come just months after lawmakers met for a special session on property insurance in an attempt to shore up Florida's tumultuous insurance market. DeSantis also signed legislation (HB 881) expanding a program encouraging home hardening, and a bill (HB 799) requiring companies to provide discounts for wind mitigation measures in rate filings. Under the larger bill, the Office of Insurance Regulation will be obligated to produce reports detailing enforcement actions, conduct more frequent market examinations, and have the authority to issue fines instead of license suspensions. If violations of the insurance code occur during a state of emergency, fines will be 500% higher. Starting on July 1, the new law mandates the Office of Insurance Regulation to report potential criminal violations to state or federal law enforcement agencies when applicable. The new law also shortens the response time for companies to address the agency's information requests regarding consumer complaints from 20 days to 14 days. Failure to meet the deadline will result in an increased penalty, rising from $2,500 to $5,000. The bill, backed by Chief Financial Officer Jimmy Patronis, also allocates nearly $4 million and 25 new positions for the state insurance office to carry out the new requirements. Insurers will also be required to update property insurance mitigation discounts every five years, be prohibited from giving executives bonuses if the company is impaired or insolvent, and must notify the state if they are temporarily suspending writing new policies with reasons explaining why. The legislation, which received unanimous support from lawmakers in both chambers during the recent legislative session, also addresses the practice of altering insurance adjusters' reports without homeowners' or adjusters' knowledge, making it a deceptive and unfair trade practice to do so. Giving the state more regulatory power is, in part, a response to recent changes made by lawmakers in a special session in December and most recently, a tort reform measure (HB 837) signed into law by the governor in March. Both of those bills make it harder for homeowners to bring an insurance lawsuit, a move that supporters said would bring down costs for Floridians and stabilize the insurance market – but that critics argued would also leave policyholders without recourse in disputes. Florida Politics / Politico / Washington Post / Action News Jax / Patronis Press Release / DeSantis Press Release / LobbyTools Governor's Activity

Gov OKs Bill Axing Enterprise Florida - Gov. Ron DeSantis gave final approval on Wednesday to a bill (HB 5) that shifts Enterprise Florida's funding to the state Department of Economic Opportunity. Enterprise Florida is a public-private economic development organization used to attract businesses to the state. Under the legislation, pushed by House Speaker Paul Renner, the Department of Economic Opportunity will be renamed the Department of Commerce, which would take over the mission and existing contracts with Enterprise Florida while state programs such as Visit Florida and the Florida Sports Foundation will be folded into the new agency. The new law also repeals various state incentive programs but allows for the continuation of some existing commitments. To lead the newly created Department of Commerce, DeSantis has announced his intent to appoint J. Alex Kelly, who currently serves as deputy chief of staff for the governor. "Florida continues to be the nation's top destination for new businesses, workforce development, and tourism, and streamlining our economic development programs in the Florida Department of Commerce will further support Florida’s thriving economy," said DeSantis. The new law takes effect July 1. DeSantis Press Release 

Michael Sasso, one of the members appointed by Gov. Ron DeSantis to a new board overseeing the governing functions of the area serving Disney World has resigned without citing a reason three months after taking the post. Sasso's wife, Judge Meredith Sasso, was appointed last week to the Florida Supreme Court by DeSantis. Orlando Sentinel / The Hill / Spectrum News 13 

DeSantis Signs New Laws for Military Community - Gov. Ron DeSantis approved several bills on Friday focused on Florida's military members, veterans and their families. Among the proposals is legislation (SB 732) establishing the Collegiate Purple Star Campuses program to support military-connected families and students at state colleges and universities. The bill requires campuses in the program to give military students priority in course registration and set up programs to help military students navigate their education. Another measure (HB 139) creates the Office of Veteran Licensure Services and charges state-backed nonprofit group Veterans Florida to provide services to military spouses, including assistance with education, health care, employment and licensures. The governor also signed HB 485, allowing the state to get federal money to support centers that provide social activities, peer support and recreational activities for veterans. Another proposal (HB 635) creates a program to provide veterans with dental care. Currently, dental services are only offered by the U.S. Department of Veterans Affairs if the issue is service-related. Other measures signed by DeSantis include a bill (SB 574) protecting military members' rights to get out of leases early to move into government housing and legislation (HB 621) setting the death benefit at $75,000 for service members killed on active duty, regardless of whether they were performing official duties at the time of their death. Another new law (SB 274) creates an easier path for military combat medics to become civilian nurses by requiring state universities, colleges and career schools to award nursing credits to combat medics based on their military training. Florida is home to nearly 1.5 million veterans, the third most in the nation. DeSantis Press Release

Gov. Ron DeSantis on Friday signed legislation (HB 1285) making the Florida State Guard a permanent part of the state militia and increasing its authorized maximum number of personnel from 400 to 1,500. The state budget (SB 2500) for the coming year, which is awaiting the governor's signature, provides nearly $108 million in general revenue for the unit.

Gov. Ron DeSantis' former Deputy Press Secretary Jeremy Redfern has been promoted to Press Secretary in the governor's office. He replaces Bryan Griffin, who joined DeSantis' presidential campaign. In his resignation, Griffin praised DeSantis' achievements and expressed confidence in his leadership. Although no official announcement was made, Redfern's promotion was acknowledged on Twitter by Christina Pushaw, who also served in the same position prior to joining DeSantis' presidential campaign staff as the rapid response director. Florida Politics 

Walker Won't Hear Disney Case Because Family Member Owns Stock - Federal Judge Mark E. Walker on Thursday denied Gov. Ron DeSantis' petition to disqualify him from overseeing Walt Disney Co.'s lawsuit challenging the state takeover of Disney's self-governing district, but decided to recuse himself from the case anyway because a family member owns stock in Disney. Orlando Sentinel / Politico / Law360

Legislative …

Session Criminal Justice Effort Saw High Profile Bills Getting Tougher on Criminals - Lawmakers this year passed legislation (HB 543) abolishing the need for a permit to carry a concealed weapon and a bill (HB 365) allowing the death penalty in certain murder cases involving drug overdoses. They also reduced the threshold for imposing the death penalty to allow for it when just 8 jurors agree (SB 450). Those were among the substantive criminal justice and law enforcement bills passed during the recently ended session. Tampa Bay Times 

Economy …

Hurricane center tracks Gulf system headed to Florida - Hurricane season doesn’t officially begin until later this week, but forecasters are already keeping an eye on a patch of rough weather moving toward Florida’s west coast that has a small chance of developing into a tropical system, the National Hurricane Center said on Tuesday afternoon. Whether that happens or not, Tampa Bay is likely to feel the effects of the system – largely rain and some gusty winds – beginning on Wednesday. More from the Tampa Bay Times, the Orlando Sentinel, and the Sarasota Herald-Tribune.

Gas prices in Florida increased slightly over the Memorial Day weekend, according to AAA. The average price per gallon rose by 3 cents to $3.41, the seventh-highest in the last 20 years. Despite the increase, it was still $1.16 cheaper than the same time last year. The group also predicted a record-breaking 2.1 million Florida residents would drive over the three-day holiday weekend. The association suggested that gas prices might fluctuate throughout the summer but could have already peaked unless a major hurricane impacts refineries. The West Palm Beach-Boca Raton area had the highest average prices at $3.61 per gallon, while Crestview-Fort Walton Beach had the lowest at about $3.21 a gallon. AAA also warned about the "100 Deadliest Days" for young drivers during the summer and urged parents to model safe driving behavior. Florida Politics / AAA Florida Newsroom 

Florida gas prices may have peaked for the year, AAA says - AAA says Florida may have hit the peak for this year’s gas prices. It said the only thing that could possibly change things is a major hurricane affecting refinery operations along the Gulf Coast. Drivers are paying around $3.41 per gallon of gas at the pump. The cost is only up about a penny from last week. [Source: WFTV]

Study finds Florida home prices still overvalued - A new study from Florida Atlantic University and Florida International University found the Florida housing market is still significantly overvalued. According to the study, nine of the top 14 most overvalued U.S. markets were in Florida. In Tampa, buyers paid a premium of 43.98 percent, landing it at number three on the list. North Port-Bradenton came in at number four at 43.49 percent and Cape Coral-Fort Myers was number five at 43.35 percent. [Source: WPEC]

Florida's nonfarm payroll employment was up 3.9% over the year ended in April 2023, the third highest growth in the nation behind Nevada and Texas, the Bureau of Labor Statistics reported Wednesday. BLS  

“Florida businesses plan to strike Thursday to protest DeSantis immigration law” via Ana Goñi-Lessan of the Tallahassee Democrat.

Florida's new immigration law, signed by Gov. Ron DeSantis earlier this year, is worrying not just immigrant workers, but also the businesses that employ them. NPR  

Fla Joins 17 States in Complaint Against New Federal Immigration Rule - Florida Attorney General Ashley Moody has joined 17 other states in a complaint challenging Biden administration border policies and enforcement of federal immigration laws. The complaint specifically targets the "Circumvention of Lawful Pathways" rule. The federal government characterized the new rule as a means to continue to regulate immigration since the expiration of the Centers for Disease Control and Prevention's Title 42 public health order, which gave authorities greater ability to bar inadmissible immigrants from crossing the border during the pandemic. The new policy aims to reduce illegal immigration by denying asylum claims for inadmissible immigrants who enter through non-legal routes. The complaint argues that the scheme amounts to "political manipulation," alleging the rule's true purpose is to encourage migrants to make fraudulent asylum claims through a specific app, while avoiding the negative optics of overcrowded border crossings. "Moving unvetted migrants to ports of entry does nothing to stop the crisis at the border, and Floridians deserve to know the truth," said Moody. Alaska, Arkansas, Idaho, Iowa, Indiana, Kentucky, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, Virginia and Wyoming have all signed on to the complaint, which claims the exceptions to the Circumvention Rule are unlawful. Moody Press Release / Florida's Voice 

Elections …

Recreational Marijuana Proposal Passes Signature Requirement for Ballot - Florida Department of State figures show backers of a proposal to legalize non-medical marijuana use in Florida have gotten enough signatures to get the issue before voters on the 2024 ballot. Elections officials reported that the proposed constitutional amendment, pushed by a group called Smart & Safe Florida, has over 967,000 valid signatures well over the requirement for inclusion on the ballot. The effort still faces a likely challenge from the state's attorney general. Politico / News Service of Florida

“Poll shows dead heat in Florida between DeSantis, Trump” via Jacob Ogles of Florida Politics — Two Florida politicians remain the top contenders for the GOP nomination for President. Now a Naples-based pollster found DeSantis and Trump in a tie among Sunshine State voters. Victory Insights polled likely GOP Primary voters in Florida and found a neck-and-neck contest. DeSantis barely comes out on top of a crowded field, polling at 38.2% with Trump at 38.0%. That’s well within the poll’s 3.9% margin of error, making a statistical tie. No other candidate makes a statistically significant showing.

“Demetries Grimes files to succeed Fred Hawkins in HD 35” via Jacob Ogles of Florida Politics — Grimes has filed to run in House District 35, making him the first candidate aiming to succeed Rep. Hawkins. “I’m excited about this new opportunity to serve again,” the St. Cloud Republican told Florida Politics. Grimes, a former Commander in the U.S. Navy, has held various roles such as naval officer, aviator, Secretary of Defense Executive Fellow, diplomat, former military prosecutor in Afghanistan and adviser to NATO’s Maritime Commander. He ran for an open seat in Congress in 2022. He ultimately came in fourth place in a Republican Primary.

Dems Name New Executive Team - The Florida Democratic Party named its new executive team via Twitter on Thursday. Phillip Jerez will serve as executive director. He previously served as deputy director of engagement for U.S. Surgeon General Dr. Vivek Murthy and worked as political director for former U.S. Rep. Charlie Crist's 2022 gubernatorial campaign. Rachel Berger was tapped as the party's chief of staff, Abigayil Yisrael was named deputy executive director and Eden Giagnorio will serve as the communications director. Matt Dailey was named deputy communications director, Sophie Granville will serve as the finance director and Sam Fullam is joining the party as voter file manager. Earlier this year, former state Agriculture Commissioner Nikki Fried secured the top spot to lead the Florida Democratic Party. Florida Politics