Legislative Update - June 30, 2023

The Fourth of July holiday will be a four-day weekend for many state workers, with Gov. Ron DeSantis announcing that most state offices will be closed next Monday, July 3, in addition to Tuesday, July 4.

Legislative …

“Fred Hawkins will leave Florida House on June 30” via Jacob Ogles of Florida Politics

The U.S. Department of Justice says a new law passed by the Legislature and signed by DeSantis that restricts some Chinese citizens from owning property in Florida violates federal law and the U.S. Constitution, Politico Florida reports.

Gov. Ron DeSantis approved a bill Wednesday that gives the state control over Gainesville Regional Utilities, or GRU. A 2022 auditor general's report cited problems with the local entity's rising debt, high electric rates and other issues. HB 1645 allows the governor to appoint a new board to run the citizen-owned electric company. For more than a century, GRU has been overseen by the City Commission, which designates a general manager responsible for its daily operations. GRU offers electric, gas, wastewater, and telecommunications services to roughly 93,000 customers in the Gainesville area. Supporters argued the takeover is needed due to rising prices. But opponents worry that the new, governor-appointed board will vote to sell the public utility to an investor-owned power company. The new law is poised to take effect on July 1. Florida Politics / DeSantis Press Release

Legislation that creates a grant program in the Department of Environmental Protection to support local governments in converting wastewater into Class A biosolids was approved by Gov. Ron DeSantis. The measure (HB 1405) aims to modernize existing sewer systems, reduce excess harmful nutrients in waterways and generate a nutrient-dense substance that can replace chemical fertilizers. Class A biosolids are subjected to a pathogen elimination process and can be used in both agriculture and household settings without contaminating the neighboring water resources. The new law is scheduled to take effect on July 1. DeSantis Press Release

HB 1191 Use of Phosphogypsum by Rep. Lawrence McClure was signed by the Governor yesterday.  The bill authorizes the Florida Department of Transportation (FDOT) to undertake demonstration projects using phosphogypsum from phosphate production in road construction aggregate material. The bill requires the FDOT to conduct a study to evaluate the suitability of using phosphogypsum as a construction aggregate material. The FDOT may consider any prior or ongoing studies of phosphogypsum’s road suitability. The study and a determination of suitability must be completed by April 1, 2024.

Upon the FDOT’s determination of suitability, the bill authorizes the use of phosphogypsum from phosphate production as a construction aggregate material in accordance with the conditions of the United States Environmental Protection Agency’s (EPA’s) approval for such use. Finally, the bill provides that phosphogypsum placed in a phosphogypsum stack system permitted by the EPA or used in accordance with an allowed use expressly specified in EPA regulations or pursuant to an express EPA approval for the specific use is not solid waste and is an allowable use in this state.

State Seeks to Ban TikTok, Drag Shows in Schools - The Florida Department of Education proposed new rules this week that would restrict drag performances for school students on field trips and prohibit the shows on school property, require parental consent for the use of new names for students. The agency also proposed a ban on the use of certain social media platforms like TikTok. The proposed rules come after lawmakers passed and Gov. Ron DeSantis signed into law a series of measures backers say are aimed at protecting children and promoting age-appropriate activities. The rule regarding drag shows stems from a bill (SB 1438) that prohibits children from attending certain "adult live performances," though the new law has been temporarily blocked by the courts. The second proposed rule aims to bolster parental rights related to student records by requiring school boards to adopt policies "for parents to specify the use of any deviation from their child's legal name in school," including nicknames. The third proposed rule follows a new law (HB 379) that seeks to enhance internet safety by prohibiting the use of certain social media platforms on school devices and blocking the platforms on school wifi. It originally sought to ban the use of the TikTok app on school grounds. That legislation also allows teachers to ban phones in classrooms, while designating an area for their use, and requires public schools to provide instruction on the social, emotional, and physical effects of social media. The new rules are scheduled to be considered at a meeting on July 19 in Orlando. Daily Mail / News Service Florida

Governor …

Attorneys for DeSantis are asking a federal judge to wait more than two years to start a trial in the administration’s long-running legal fight with Disney, a time frame that would have them in court after the 2024 presidential election, NBC News reports. 

The governor, without explanation, vetoed a bill that could have made it easier for officials to choose electric cars when buying vehicles for government fleets, the News Service of Florida reports, and another GOP-backed measure that would have expanded the availability of criminal expungements, The Hill reports.

Supreme Court …

Retired Florida Supreme Court Justice Barbara Pariente says current justice Charles Canady should recuse himself from a pending abortion case, in part because his wife co-sponsored abortion legislation in the state House, the South Florida Sun Sentinel reports.

Business issues …

“Supreme Court strikes down affirmative action in college admissions and says race cannot be a factor” via Mark Sherman of The Associated Press

Florida Jobless Claims Dip - Initial jobless claims in Florida declined for a second consecutive week, according to a report released Thursday by the U.S. Department of Labor. The report estimated 5,872 first-time unemployment applications were filed in Florida last week, down from a revised count of 6,463 during the week that ended June 17 and 6,921 during the week that ended June 10. The state has averaged 5,737 weekly claims since the start of the year. Florida had a 2.6 percent unemployment rate in May, representing an estimated 287,000 Floridians qualified as unemployed from a labor force of 10.998 million. The state will release a June unemployment report on July 21. Nationally, 239,000 initial claims were filed last week, down 26,000 from the prior week.

Latino truckers are continuing a threat to boycott deliveries to and from Florida when the state's new immigration legislation goes into effect July 1. Organizers of the planned one-day boycott say it could include thousands of drivers. Florida's share of intrastate shipments is among the highest in the country by value. Some immigrant truckers may be particularly affected by Florida's new law, passed this year as SB 1718, because it keeps Florida from recognizing driver's licenses issued by other states to people without legal U.S. residency status. The new law also sets out new felony charges for transporting migrants without legal status into the state and requires businesses with more than 25 workers to use a federal database to check immigration status. It also requires hospitals that accept Medicaid to collect patient information on residency status. Tampa Bay Times

Several immigrants are leaving Florida because of fears over the state's stance on illegal immigration and its new tougher law targeting migrants without legal residency status. Telemundo

Florida Pedestrian Deaths Down Slightly but Still Among Most in Nation

Florida continued to have one of the highest rates of pedestrian deaths in the nation last year, with 3.7 fatalities per 100,000 people, according to data from the Governor's Highway Safety Association. While pedestrian deaths went down slightly in the state, from 833 in 2021 to a projected 824 last year, Florida's death rate was behind only Arizona and New Mexico, which saw more than 4 fatalities per 100,000 people. Pedestrian deaths in the U.S. reached their highest level since 1981, with over 7,500 fatalities last year, according to the organization, with factors contributing to the increase including inadequate infrastructure and the increasing popularity of SUVs, which pose greater risks to pedestrians. Florida recorded more than 800 pedestrian deaths last year. The report did note that the Florida Legislature passed a bill (SB 950) in 2021 on traffic safety education, requiring at least 25 questions in the state driver education test bank to address bicycle and pedestrian safety. The group recommends state and local lawmakers implement traffic calming measures, such as pedestrian islands, bike lanes and lowering speed limits, to improve road safety. An average of 20 pedestrians are killed daily by vehicles on American roads. GHSA Preliminary Report / GHSA News Release / NPR / Axios / Smart Cities Dive

Campaigns and Elections …

Attorney General Ashley Moody urged the Florida Supreme Court to reject a proposed ballot initiative that would ask voters to change the constitution to allow for non-medical use of marijuana. Politico / News Service Florida

VOTER REGISTRATION: Voter-registration groups such as the NAACP and the League of Women Voters urged a federal judge to block parts of a new Florida elections law, arguing it violates the First Amendment and is discriminatory.

Former U.S. Rep. Alan Grayson, a Democrat, has filed the required paperwork to challenge Republican U.S. Sen. Rick Scott next year. Florida Politics

“Poll: Just 1 in 5 Americans want DeSantis to run for President” via A.G. Gancarski of Florida Politics

“Largely ignored by Congress, Ron DeSantis woos state lawmakers to help lift his campaign” via Alex Roarty of the Miami Herald