Legislative Update - June 9, 2023

Former President Donald Trump said he has been indicted on charges connected to his handling of classified national security records, writing on social media that he has been summoned to federal court next Tuesday in Miami, Politico reports.

Governor DeSantis transports migrants from Texas to California and California Governor wants legal charges filed.

Friday is the final day of a two-week tax “holiday” that allows shoppers to avoid paying sales taxes when they buy a variety of disaster-preparedness supplies. The holiday is held each year around the start of hurricane season.  For a list of qualified items, visit https://floridarevenue.com/disasterprep/Pages/default.aspx

Governor …

California AG Alleges Migrants Flown to Sacramento Have Fla Connection - California officials say they believe that more than a dozen migrants flown to Sacramento and dropped off in front of a Catholic church on Friday, may have been sent there under a Florida migrant relocation program pushed by Gov. Ron DeSantis and approved this year by state lawmakers.  California Attorney General Rob Bonta suggested the DeSantis administration may be linked to the flight. "While this is still under investigation, we can confirm these individuals were in possession of documentation purporting to be from the government of the state of Florida," Bonta said. Politico / New York Times / Associated Press

“After flying migrants to California, Ron DeSantis calls for multistate border partnership” via Ana Ceballos of the Miami Herald —DeSantis is doubling down on the idea that Republicans need to come together and take border security into their own hands.

At an event in Arizona on Wednesday, DeSantis listed all the hard-line immigration policies he has championed in Florida to preface that he has “the will” to work with like-minded Republican Governors and Sheriffs to respond to issues at the southern border.

SUNSHINE LAWS: A state appeals court will hear arguments about whether Gov. Ron DeSantis’ administration violated Florida’s public-records law by not properly providing documents about a plan to fly migrants from Texas to Massachusetts last year.

Gov Vetoes First Two Bills From Session, Including ‘Eyeball Wars’ - Gov. Ron DeSantis on Friday vetoed a bill (SB 230) that would have clarified health care titles and advertising rules for practitioners in law. The legislation would have applied the title or designation of "physician" only to medical doctors and osteopathic physicians for advertisements or when dealing with patients. There is a long-running debate over whether to allow optometrists to call themselves physicians, but the Senate held out against that provision, which was stripped from the bill in the final days of the recent legislative session. Nearly 50 occupations were approved to refer to themselves “physicians,” including dentists, chiropractic physicians and podiatrists. Senate President Kathleen Passidomo, who supported the legislation, was aware the governor was going to veto the bill but DeSantis’ veto letter did not provide an explanation as to why. The governor also vetoed a proposal (HB 385) that would have clarified language giving states the discretion to collect fees within the Professional Counselors Licensure Compact. The initiative would have conformed Florida law to the terms of the compact, which became active last year and currently has 17 member states participating. Florida joined the compact in 2022. There were some concerns that without specific language conforming to the compact, Florida may not be able to participate. Veto Letters / Florida Politics 

Gov OKs Bill to Allow Fees Instead of Large Security Deposits for Apartments - The governor approved a measure (HB 133) last week that allows landlords and tenants the option of having renters pay an ongoing nonrefundable monthly fee on top of their rent instead of a large security deposit when they rent an apartment. Backers of the proposal say such agreements could help people struggling to find housing get into an apartment without having to come up with the sometimes very high security deposit amounts upfront. Some landlords charge one or two months' rent as a security deposit, in addition to requiring the actual first months' rent, when someone signs a lease for a new place – an amount that prices many people out of getting into an apartment. Opponents, mainly Democrats, argued that the additional fees were another type of "tax for being poor," that adds yet more expense for people already struggling to get by. Under the legislation, paying the fee is optional and allows renters to still have the option to pay a large security deposit instead. The bill also allows security deposits to be paid in monthly installments, with that provision being optional for the landlord. The new law is scheduled to take effect on July 1. DeSantis Press Release / Orlando Weekly / Florida Politics

Bill Regulating Kratom Gets Green Light from DeSantis - A bill regulating the sale of an Asian plant called kratom in Florida was signed into law by Gov. Ron DeSantis on Friday. The proposal (HB 179), called the "Florida Kratom Consumer Protection Act," bans the sale of kratom to people under 21 and defines kratom for the first time under state statute. Violators will face second-degree misdemeanor charges, punishable by up to $500 and up to 60 days in jail. Kratom has been growing in popularity due to its euphoric pain-relieving principal compound, called mitragynine, which can help curb opioid dependence, and because of research showing it can decrease alcohol intake among users. The Food and Drug Administration has said in warnings that kratom has a risk of addiction, abuse and dependence. The state has also seen a 36% rise in kratom-involved deaths over the first half of 2021, according to a Florida Department of Law Enforcement report published last year. Although most other states have laws on the books regulating the plant, six states ban the substance outright. In Florida, Sarasota County was the only area in the state that implemented a local law banning the substance, but similar measures attempting to regulate the sale of the substance have been filed by state lawmakers in years past. The new law is poised to take effect on July 1. DeSantis Press Release / Florida Politics / WTSP 

Since the governor first took office in 2019, lawsuits from various communities who claim their rights have been violated have been stacking up against him, the Guardian reports.

As he hits the presidential campaign trail, DeSantis isn’t quitting his day job leading the third-largest state in the country, the Orlando Sentinel reports. 

* Disney CEO Bob Iger's book may hint at how he'll handle the company's feud with the governor and other Florida officials, Business Insider reports. 

Economy …

State Revenues Continue to Exceed Expectations Despite Inflation - Florida's general revenue collections for April were $384.8 million, or 7.9%, higher than an earlier estimate, according to state economists at the Office of Economic and Demographic Research. Just over 72% of the total gain came from corporate income tax collections. The monthly revenue report also showed an increase in sales tax, with Florida garnering $96.4 million, or 3%, over the sales tax revenue estimate for the month. April collections reflect activity that largely occurred in March. The report notes that the consumer price index increased 4.9% over the year and while it is still elevated, it is the smallest 12-month increase since the period ending April 2021. Economists believe the increased sales tax collections are partly a result of higher-priced items due to ongoing inflation. Although state revenues are currently up, economists predict collections will decline if inflation persists due to residents cutting back on purchasing and focusing on essential needs. “In this regard, the index for shelter was the largest monthly contributor to the increase, accounting for more than 60% of the total increase in all items less food and energy, with prices for food at home increasing by 7.1% over the past 12 months,” the report states. Eight revenue sources came in negative for the month, including corporate filing fees and insurance taxes. Additionally, recovery and rebuilding efforts associated with Hurricane Ian added $25.1 million to final liability for the month. EDR Monthly Revenue Report / EDR Detailed Revenue Report

Florida better prepared for recession, wealthier than many states, experts say - Florida is not only richer than many states when it comes to personal wealth, but is more resilient for the time an expected national recession sweeps the country. “Economically speaking, we have our flashlights, batteries, food and water,” Sean Snaith, an economist at the University of Central Florida, said Thursday upon the release of his quarterly state economic forecast “Compared to what Florida went through in the two previous recessions, the next recession will be more akin to a tropical depression.” More from the South Florida Sun-Sentinel and the Orlando Sentinel.

Florida jobless claims hold steady - While jobless claims nationally leaped to the highest weekly total since October 2021, Florida last week showed little change in its pace of first-time unemployment applications. The U.S. Department of Labor on Thursday released a report that estimated 5,134 claims were filed last week in Florida, down from a revised count of 5,765 during the week that ended May 27. Over the past four weeks, the state has averaged 5,662 new claims. Since the start of the year, the weekly average is 5,711. [Source: News Service of Florida]

Florida gas prices now lowest since April - Florida gas prices dropped last week to their lowest numbers since late April, AAA reported Monday. According to AAA, gas prices in the Sunshine State dropped 5 cents last week, with a state average of $3.36 per gallon on Sunday. “Pump prices have been under pressure during the past month, due to falling oil prices,” said Mark Jenkins, spokesman, AAA - The Auto Club Group. “However, oil prices could strengthen this week." More from WPLG and the Miami Herald.

Study shows top richest counties in Florida: see which ones made list [Gainesville Sun]
Among 67 counties in Florida, a recent study found the top ones in the state with the highest per capita wealth, ranging all the way from the top of Jacksonville to islands of the Key West. To identify the wealthiest counties, financial technology company SmartAsset compared all U.S. counties across three metrics: investment income generated by each county, property value, and per capita income.

Hurricane lessons going unlearned: As Florida begins the 2023 hurricane season still recovering from Hurricane Ian, engineers and disaster experts warn that the state has been too slow to learn from repeated mistakes. What alarms them is that they know how to mitigate property damage with resilient construction and avoid the deaths — especially those related to storm surge and inland flooding — but Floridians aren’t listening to the warnings.

“Florida immigrant exodus could spell workforce disaster.” via Brandon Girod of the Pensacola News Journal — Florida Republicans are highlighting loopholes in the legislation to prevent a potential disaster after the new law incited a movement among Florida’s sizable immigrant population to leave the state. “This bill is 100% supposed to scare you,” Rep. Rick Roth told attendees at a faith-based event in Hialeah. “We are losing employees that are already starting to move to Georgia and other States. … It’s urgent that you talk to all your people and convince them that you have resources, state Representatives and other people that can explain the bill to you.” Immigrants in Florida make up a little over 21% of its total population, according to Migration Policy Institute, a nonpartisan institution that provides research data and analysis.

“‘Absolutely panicking.’ New Florida law has Bradenton immigrants leaving, employers worried” via James A. Jones Jr. of the Bradenton Herald — The never-ending, decadeslong debate over immigration reform periodically throws a real scare into the voiceless community that supplies the labor for some of America’s most backbreaking work. It’s no secret that many roofers, asphalt spreaders, tomato pickers, dishwashers and the crews that mow neighborhood lawns are immigrants. Not all of them have the proper documents to work in the United States, yet native-born Americans are not exactly clamoring for those jobs. DeSantis recently signed Senate Bill 1718, making E-Verify mandatory for employers with 25 or more employees, starting July 1. The bill has created fear and panic among immigrants, and raised concerns in the wider Latino community, especially agricultural areas like Manatee and DeSoto counties.

State Govt Has Large Number of Vacant Jobs - At least 10% of jobs were vacant in nearly all state agencies late last year, with some, including the Department of Education and the Agency for Persons with Disabilities, having about one in four jobs vacant, according to statistics released to the Tampa Bay Times. At the Department of Veterans Affairs, nearly 40% of positions are empty as the agency deals with nursing shortages and tries to find staff for two new nursing homes. Federal data show that employees left Florida's state government at a much higher rate in recent years than the national average. The state has had trouble finding and retaining workers for several years, and the problem was made worse by the pandemic, though critics say Gov. Ron DeSantis and lawmakers also should share some of the blame, particularly for low state worker pay, even as the governor and Legislature have moved to boost pay to try to make state government work more attractive. Tampa Bay Times

Supreme Court …

Florida Supreme Court Justice Charles Canady has an undeclared conflict of interest amid the high court’s review of a strict abortion ban passed by the Legislature and signed into law by DeSantis last year, the Florida Bulldog reports. 

“Ricky Polston, former Florida Supreme Court Justice, to leave Citizens Property Insurance” via Gray Rohrer of Florida Politics — Polston is on the move again. Three months after leaving the state’s high court to become General Counsel for Citizens Property Insurance, Polston is leaving that gig for a position with Shutts & Bowen. In a memo, Citizens President and CEO Tim Cerio said the move is effective June 30 and Polston will head up the constitutional law section at Shutts & Bowen, a well-connected firm with a roster of lawyers appointed to various state boards and offices throughout the state. “(Polston) was presented with an opportunity he felt was best for him and his family at this stage of what has been an exemplary legal career,” Cerio wrote.

Marijuana …

“Recreational marijuana may be on Florida ballot; here's why leading pot advocate isn't happy” via James Call of the Tallahassee Democrat — The Adult Personal Use of Marijuana proposed ballot measure would legalize marijuana for nonmedical use and has submitted the required number of signatures to qualify for the 2024 ballot. But the executive director of the Suncoast NORML chapter is not celebrating the milestone. Chris Cano said his review of the initiative finds people and consumers were afterthoughts in how it is written, while the interest of current marijuana industry players will benefit if the proposal becomes law. “The amendment itself does nothing to expand the cannabis industry. It essentially allows the existing limited cartel structure of license holders to start selling over-the-counter adult-use cannabis for a higher price,” said Cano, discussing the proposal last month.

Jim Belushi – the actor, comedian and now cannabis farmer – wants to be a player in Florida’s growing medical marijuana marketplace, Florida Politics reports. 

“Over two-thirds of Republicans support marijuana legalization” via Rachelle Gordon of Green State — As more states legalize cannabis, it’s become apparent that reform is not a partisan issue. A recent poll of conservative voters seemingly confirmed this, with 68% of Republicans surveyed saying they support federal marijuana legalization. The survey also revealed that 70% of GOP members feel it should be up to individual states to decide how they want to proceed with regard to legalization.

Elections …

“Alabama redistricting ruling 'opens the window to hope' for Florida challengers” via John Kennedy of USA Today Network — The Supreme Court’s unexpected ruling in favor of Black voters in an Alabama congressional redistricting fight was hailed by groups engaged in similar court battles in Florida. The 5-4 decision by justices affirmed a lower-court ruling that found the federal Voting Rights Act was likely violated by an Alabama congressional map, which diluted Black voting strength by having only a single district with a majority Black population. More than one in four Alabama residents are Black. In Florida, state and federal lawsuits are challenging the new congressional district plan pushed by DeSantis that eliminated a North Florida district represented since 2017 by U.S. Rep. Al Lawson, a Black Democrat.

National Republican leaders are set to launch get-out-the-vote campaigns for 2024 hoping to match the emphasis on early voting Democrats have used in the past to lock in supporters ahead of Election Day. A new GOP goal is to persuade voters who support Republicans that early voting is secure and to make sure they are able to return their ballots in time to be counted, putting less pressure on Election Day turnout efforts. Associated Press

Gov. Ron DeSantis' chief of staff, James Uthmeier, helped raise over $400,000 for the governor's presidential run in the hours after the May 24 launch of DeSantis' campaign, aided by other DeSantis Administration officials. A spokeswoman for the governor says administration officials are behind the governor's presidential run and are free to help raise money on their own time, like anyone else. NBC News

"DeSantis campaign shares apparent AI-generated fake images of Trump and Fauci” via Shannon Bond of NPR

DeSantis was back in Iowa Saturday for U.S. Sen. Joni Ernst's “Roast and Ride” at the Iowa State Fairgrounds in Des Moines. “The annual motorcycle ride, which benefits veterans, this year attracted all of the declared Republican presidential candidates – except Trump,” Fox News reported.

“Economist/YouGov poll: Half of independent voters hold unfavorable view of DeSantis” via A.G. Gancarski of Florida Politics — A survey conducted by The Economist and YouGov from June 3-6 shows 50% of self-identified independent voters regard the Governor unfavorably. Compounding the problem, 35% of independents polled have a very unfavorable impression of the state’s chief executive, a number that’s far and away the biggest among the potential answers. An additional 15% see DeSantis in a “somewhat unfavorable light.” The passion isn’t matched on the positive side of the ledger, where 17% of independent voters see DeSantis in a “somewhat favorable” light, and just 10% hold a “very favorable” regard for the Governor. Just 23% have no impression at all, leaving DeSantis at -23 with the voters who may prove most pivotal if DeSantis secures the Republican nomination.

All trespassing charges have been dropped against Florida Democratic Party Chair Nikki Fried and 10 other abortion rights protesters, including Senate Democratic Leader Lauren Book, the Tallahassee Democrat reports. 

Congratulations …

State Sen. Alexis Calatayud was one of several young conservatives honored this week by Maverick PAC, a national network for conservative young professionals. Calatayud was named to its 2023 Future40 honorees list, which “recognizes conservative young professionals across the country who embody the next generation of leadership in the public and private sectors,” according to a news release.

The honor happened to come the same week as City & State Florida’s profile on the first-term Miami-Dade GOP lawmaker’s accomplishments in her first legislative session. Among other things, she was picked by Senate President Kathleen Passidomo to carry this year’s leadership priority bill, the Live Local Act, which aims to boost workforce housing in the state. 

Calatayud wasn’t the only Floridian to be named. Among others on this year’s list are Taryn Fenske, DeSantis’ communications director, and Andres Malave, chief spokesman for Florida House Speaker Paul Renner, a Palm Coast Republican. Future40 members from Florida in years past include former Volunteer Florida CEO Chester Spellman and Johnson & Blanton chief operating officer Darrick McGhee. 

“Joe Biden nominates Charlie Crist for U.N. Ambassador role” via Jesse Scheckner of Florida Politics — Biden is nominating Crist, as the next U.S. Ambassador to the International Civil Aviation Organization (ICAO), a United Nations agency. If confirmed by the Senate, Crist would serve as America’s representative on the ICAO Council, a 36-member body composed of electees from the ICAO’s 193 member states. He’d replace famed pilot Chelsey “Sully” Sullenberger, whose “miracle” landing on the Hudson River in 2009 was dramatized in a feature film seven years later. Sullenberger has served as ICAO ambassador since December 2021.