Legislative Update - September 8, 2023

Hurricane Lee is moving towards Florida and as of last night has reach a Category 5 status.  Tropical Storm Margot has formed and following Lee.

Governor DeSantis did not meet with President Joe Biden during his trip to Florida last Saturday amid the aftermath of Hurricane Idalia, but U.S. Sen. Rick Scott did meet with him, Politico Florida reports. 

A circuit judge ruled that part of Florida's congressional boundary map is invalid because of how lawmakers redrew a North Florida district that challengers to the plan and the state had agreed diminished Black voters' electoral power. Second Judicial Circuit Judge J. Lee Marsh ruled on Saturday that the diminishment of voting power for minority voters violated the state constitution and federal voting law.

Tina Descovich, a co-founder of Moms for Liberty – the controversial parent group known for fighting mask mandates and supporting book bans in public schools – was appointed by DeSantis to the Florida Commission on Ethics.  Descovich was named to the nine-member, Tallahassee-based Commission, which investigates alleged breaches of public trust by elected and appointed officials, as well as state employees. Democrats are not happy with the Governor’s choice.

At an appearance in Jacksonville, DeSantis criticized recent efforts across the U.S. to tamp down a recent jump in COVID cases through temporary restrictions including masking, and his surgeon general warned against getting the latest vaccine, News4Jax reports. 

The Governor has ordered that flags be flown at half-staff Friday to honor musician Jimmy Buffett, who died Sept. 1 of cancer. Flags will be at half-staff at the state Capitol, the Monroe County Courthouse and Key West City Hall.

Gov. Ron DeSantis on Thursday tapped Brad Drake, a longtime state lawmaker and current member of his administration, to fill a vacant seat on the Walton County Commission.

First Lady Casey DeSantis launched the Hope Florida – A Pathway to Possibilities program, an expansion of the non-government Hope Florida Program. The private sector initiative connects people to community resources that help them find work opportunities and access services. The initiative is supported by private companies, including Publix, HCA and Allstate. DeSantis Press Release 

Florida collected about $3.311 billion in general-revenue taxes in July, $225.9 million more than had been forecast in March, according to a report posted online Tuesday by the Legislature’s Office of Economic & Demographic Research. The report came after state economists in August issued a new forecast that updated the March estimates.

Friday is the final day of disaster-preparedness and “tool-time” tax “holidays.” The disaster-preparedness holiday, which started Aug. 26, allows people to stock up on storm supplies without paying sales taxes. The week-long tool-time holiday offers sales-tax exemptions on a variety of goods, such as tools and work boots.

Governor …

“DeSantis appoints Moms for Liberty co-founder to state Commission on Ethics” via The Associated Press — DeSantis appointed a co-founder of Moms for Liberty, a “parental rights” group that has sought to take over School Boards in multiple states, to the Florida Commission on Ethics on Wednesday. Tina Descovich was named to the nine-member, Tallahassee-based Commission, which investigates alleged breaches of public trust by elected and appointed officials, as well as state employees. Descovich was previously elected to the School Board of Brevard County in 2016 and served as president of the Florida Coalition of School Board Members. Moms for Liberty started with Descovich and two other Florida women fighting COVID-19 restrictions in 2021.

“Déjà vu: Ron DeSantis rallies against mask, vaccine mandates” via Christine Jordan Sexton of Florida Politics — The DeSantis administration organized a news conference in Jacksonville that featured an array of critics of COVID-19 mandates. That included Surgeon General Joseph Ladapo, as well as a Jacksonville mom who opposed local mask mandates and a Volusia County woman who said she had serious health issues since taking a COVID-19 shot.

The news conference did breakdown at the end of the event when DeSantis argued with an audience member over the recent racially motivated shooting at a Jacksonville store where a White man killed three Black people. That prompted Ladapo to step in at the very end and call the shooter, who killed himself, “insane.”

“DeSantis plugs Guinness at Irish pub” via A.G. Gancarski of Florida Politics — DeSantis voiced appreciation for a favorite beer of his Thursday, hours before lunch. During a news conference in Jacksonville at an Irish-themed bar, the Governor joked that it was “never too early for a Guinness,” his latest expression of affinity for the signature brew from the Emerald Isle. The Governor previously extolled the beer during this year’s controversy about Bud Light, in the wake of the company collaborating with a transgender influencer for a promotion. “But, you know, my wife and I, they (bars) don’t have it here if we ever go out to just have a beer — which admittedly we don’t have the opportunity to do that like we used to, you know — we actually like the stout, Guinness,” DeSantis explained.

Worrell Sues DeSantis Over Suspension - The former state attorney in Orange and Osceola counties is suing Gov. Ron DeSantis and asking the Florida Supreme Court to reverse an order by the governor that suspended her from office. Monique Worrell accuses DeSantis of using vague allegations as the case for her suspension, which followed criticism from law enforcement leaders who accused Worrell of not prosecuting crime aggressively enough. Worrell's lawsuit, filed Wednesday, claims the governor's executive order failed to identify any conduct that would support suspension and counters data cited in the executive order as evidence of "neglect of duty" or "incompetence" while she was serving at the Ninth Judicial Circuit. Orlando Sentinel

Hurricane Idalia gave DeSantis his first chance to run out the Florida State Guard, which he revived in 2022. While in Perry this week, DeSantis said the state guard was deployed for the first time in 75 years to help in storm-recovery efforts.

“They've operated with distribution in Live Oak,” DeSantis said. “They've helped unload and distribute donated supplies, as well as delivering meals to impacted Floridians. So, thanks to our Florida State Guard for their inaugural deployment of the 21st century.”

DeSantis’ tourism oversight district agreed to narrow Disney’s federal lawsuit to just the issue of free speech, with Disney wanting to focus on what the entertainment goliath’s lawyers call “a retaliatory weaponization of government,” the Orlando Sentinel reports. 

Legislative …

State Rep. Daniel Perez, R-Miami, will be designated as the incoming speaker for 2024-26 of the Florida House of Representatives during a ceremony in the Florida Capitol in Tallahassee. That’s at 10 a.m. on Monday, Sept. 18, in the House chamber. 

“Debbie Mucarsel-Powell says Florida needs a Special Session on the insurance crisis” via Jacob Ogles of Florida Politics — Mucarsel-Powell says Florida Republicans must call a Special Session to address Florida’s property insurance problems. “Property insurance costs are a crisis. I’m calling on leaders in Tallahassee to convene an immediate Special Session to pass common-sense legislation to lower costs for Florida families and small businesses,” she said. “We need action, not tomorrow, but right now, to save Floridians who are struggling with massive rate increases.” Mucarsel-Powell announced last month she’s seeking to challenge U.S. Sen. Rick Scott. In raising the property insurance issue, she traced years of high consumer costs to his eight years as Governor.

As Florida lawmakers expanded eligibility for school vouchers this year, they also gave parents more ways to spend the money, including on theme park passes, 55-inch TVs and stand-up paddleboards, the Tampa Bay Times reports.

“Jason Pizzo new Broward County delegation Chair” via Anne Geggis of Florida Politics — The Senate Democratic Leader-designate for 2024-26 is also the new Chair of the Broward County legislative delegation for the coming Legislative Session. Sen. Pizzo, whose Senate District straddles Broward and Miami-Dade counties, was the unanimous choice for Chair at the delegation’s annual organizational meeting Tuesday. Pizzo will succeed Democratic Rep. Patricia Hawkins-Williams in the role she held for the 2022-23 Legislative Session. “Broward County is an incredibly important and vital part of the state of Florida and it’s the engine of many things,” Pizzo said, congratulating Hawkins-Williams for her term as delegation Chair.

Supreme Court …

“Abortion rights hang in the balance at state Supreme Court oral arguments” via Anne Geggis of Florida Politics — The Florida Supreme Court is poised to make a crucial decision potentially affecting not only Florida residents’ abortion rights but also marking an entire swath of the country as a place where abortion is mostly off-limits. Justices will hold oral arguments today on whether Florida’s existing 15-week abortion ban violates the privacy clause in the state constitution enacted by voters in 1980. And if the Supreme Court agrees with the state’s case, it will clear the way for new legislation further restricting abortion to go into effect 30 days after the court’s ruling. That new law (SB 300) the Legislature passed earlier this year bans abortion before most people know they are pregnant.

Florida’s Supreme Court justices, including those who have known anti-abortion views, will soon weigh the future of access to abortion in the state, hearing oral arguments in a case on Friday, the Tampa Bay Times reports. 

DIVERSITY RULE CHANGE: The Florida Supreme Court has kept in place a decision to delete part of a rule that allowed judges to take courses in “fairness and diversity” to meet continuing education requirements.

DeSantis’ makeover of the state’s Supreme Court has isolated longtime Justice Jorge Labarga, a Charlie Crist appointee who is regarded as a centrist, turning him into the lone dissenter on many cases, Bloomberg Law reports. 

In a rare policy move, Florida Supreme Court Chief Justice Carlos Muñiz came out last week with a proclamation that September would be “known within the State Courts System as a month of awareness, training and action regarding opioids, stimulants and substance use disorder treatment and recovery.” Circuit courts “will undertake awareness-raising … by appointed Circuit Champions – judges and court staff designated as local leaders on these matters.” 

In addition, a news release added, “the Office of the State Courts Administrator continues to sponsor a statewide program on such needs.” It said the “opioid epidemic has been exacerbated by increased access to and use of fentanyl, a synthetic opioid up to 50 times stronger than heroin and 100 times stronger than morphine,” as well as “xylazine, an animal tranquilizer … known for its flesh-eating effects that can require the amputation of limbs.”  

Business …

Floridian consumer sentiment creeps higher as inflation continues to decline - Consumer sentiment among Floridians inched up eight-tenths of a point in August to 67.6 from a revised figure of 66.8 in July. Meanwhile, national sentiment dropped 2.1 points. “Floridians optimism in August stems from their views on their personal finances compared to a year ago, as well as their outlook for the national economy over the next year. These expectations are in line with the steady decline in inflation over the past twelve months, along with the overall prevailing conditions in the labor market. [Source: UF News]

Extreme weather is the new pandemic for Florida businesses reliant on tourism - For small businesses that rely on summer tourism to keep afloat, extreme weather is replacing the pandemic as the determining factor in how well a summer will go. The pandemic had its ups and downs for tourism, with a total shutdown followed by a rush of vacations due to pent-up demand. This year, small businesses say vacation cadences are returning to normal. But now, they have extreme weather to deal with — many say it's hurting business, but more temperate spots are seeing a surge. [Source: WFSU]

“Labor Day gas prices across Florida were most expensive since 2012, AAA says” via Arianna Otero of The Palm Beach Post — Monday marked the most expensive Labor Day that Florida drivers have seen at the pumps in more than a decade, the AAA said. The average gas price in Florida was $3.70, about 20 cents per gallon more than drivers paid a year ago, AAA spokesperson Mark Jenkins said. The last time gas prices were that high was in 2012. At the same time, the $3.70 per gallon was 17 cents less than what Florida drivers were paying on average just two weeks before, Jenkins said. The state’s highest average price, at $3.85, was in Palm Beach County, which traditionally has the highest gas prices in the state because of a number of reasons.

Property Insurers Declining to Cover More Types of Property Damage - Several major insurance companies have said they'll exempt hurricane damage from property insurance policies along coastlines as the climate makes losses more likely, according to a survey conducted by the National Association of Insurance Commissioners. At least five large U.S. property insurers – Allstate, American Family, Nationwide, Erie Insurance Group and Berkshire Hathaway – have told regulators that extreme weather patterns caused by climate change have led them to stop writing coverages in some regions, exclude protections from various weather events and raise monthly premiums and deductibles. Washington Post

“DeSantis immigration law may worsen labor shortages in Florida as planting season begins” via Syra Ortiz Blanes of the Miami Herald — A new state immigration law could worsen labor shortages in South Florida’s agricultural industry, a sector that heavily relies on migrant labor and struggles to find domestic workers, according to growers, immigrant workers and farmworker advocates. María Vázquez, a Mexican nursery worker in Homestead, said that over the last year she has witnessed colleagues and community members leave South Miami-Dade County, a region that grows warm-weather plants, fruits, and vegetables that don’t grow in most of the rest of the country. “Many people here risk their lives crossing the desert to get to this country. They leave children, wives. Then they come to a state where they put this law in place. They get scared and leave for another where they won’t get persecuted,” said Vázquez.

Some workers who rebuild homes after hurricanes are refusing to go to Florida - Immigrant workers from across the US raced to Florida to help rebuild after Hurricane Ian devastated the region. But now, nearly a year later and days after another major hurricane hit, some of those workers say this time they’re staying home. Saket Soni, whose nonprofit Resilience Force advocates for thousands of disaster response workers, says there’s one clear reason behind the shift: Florida’s new immigration law. More from CNN, the New York Times, and WFTS.

COVID-19 …

COVID-19 cases are steadily rising in Florida; the Florida Department of Health’s latest report confirms a 29.7% uptick in positive cases – nearly a 7% increase from last week – as health experts are tracking three new strains, News4Jax reports. 

DeSantis: COVID 'Mandates are DOA in Florida' - With COVID-19 cases again rising in some parts of the country, Gov. Ron DeSantis returned to the issue that put him on the national radar three years ago promising that Florida won't allow required measures to mitigate the disease. DeSantis held a press conference in Jacksonville on Thursday featuring critics of COVID-19 mandates, including state Surgeon General Joseph Ladapo, a Jacksonville mother against local mask mandates and a Volusia County woman who experienced health issues after receiving a COVID-19 shot. Florida has had over 90,000 COVID-19 deaths since the pandemic's start in early 2020, and recent Department of Health reports showed an increase in cases. Florida reported nearly 24,000 cases by the end of August, a significant rise from late June's 7,320 cases, though still far below the numbers seen at the height of the pandemic. DeSantis, who is running for president, gained national prominence among conservatives for resisting lockdowns and mandates during the pandemic, leading Florida to pass laws prohibiting government and private business mandates on masks and vaccines. Some schools in other parts of the country have reintroduced mask mandates, including a private college in Atlanta, and the CDC recommends mask-wearing in areas with high hospitalization rates. "Even today, parts of our country are forcing children to wear masks in the classroom," said the governor. "Those mandates are DOA in Florida, and we will protect parents and children from this perpetual COVID hysteria." Associated Press / Florida Politics / DeSantis Press Release / Florida Channel (Video) 

Proposed Health Facility Masking Rules to Replace Emergency Ones - Florida health care providers and hospitals have raised concerns about new proposed rules on mask mandates in medical facilities, as part of a new law (SB 252) passed earlier this year that keeps in place restrictions on face masks and COVID-19 vaccine mandates, while also giving patients the right to have access to alternative treatments for the disease in consultation with a doctor. Earlier this summer, the Agency for Health Care Administration and the Department of Health issued emergency rules, setting out guidelines for when doctors' offices, long term care facilities and hospitals can require masks for visitors, patients and employees. Under the new proposed rule, health care providers can require patients and residents in common areas who exhibit signs of infectious diseases to wear masks but must provide an option to opt-out, following the Florida Patient's Bill of Rights and Responsibilities, which was originally passed in the early 1990s. The rule also allows health care settings to require visitors to wear masks under certain conditions, including in sterile environments, around patients diagnosed with an infectious disease or around patients who are immunocompromised and at high risk for infection. But visitors must be provided with an opt-out option if alternative infection control measures are available and the opt-out guidelines differ between visitors and patients, with the visitor opt-out language being more vague. The rule also limits healthcare providers from mandating masks for employees, except in specific situations related to patient care or safety. The proposed rule is open for public comments until Sept. 14. Florida Politics

Campaigns and Elections …

“Florida appeals court ruling tossing congressional map” via Jacob Ogles of Florida Politics — Secretary of State Cord Byrd’s Office has officially appealed a circuit court ruling, one that declared the map drawn by DeSantis’ Office wrongly diminished Black voting power in North Florida.

As expected, Florida officials have filed an appeal to the recent ruling by a Florida trial judge that deemed unconstitutional the state’s current congressional map, which was backed by Republican Gov. Ron DeSantis, the Messenger reports. 

“DeSantis returns to campaign trail as Florida recovers from Idalia” via Jeffrey Schweers of the Orlando Sentinel — DeSantis hit the presidential campaign trail again this week after returning home for 10 days to deal with Hurricane Idalia, despite critics who say he should stay focused on the storm’s aftermath. DeSantis and his team were hoping his command of emergency operations would remind voters of his decisive and quick leadership during last year’s Hurricane Ian. But new polls did not show any gains in his quest to cut into Trump’s massive lead for the GOP nomination. “I am surprised he is back on the campaign trail,” said Gregory Koger, a political-science professor at the University of Miami.

Donald Trump has been rising in national polls even since his indictment, but DeSantis has continued his slide further and further down, resulting in the former president having a 46 point lead, NBC News reports. 

Former N.J. Gov. and GOP presidential candidate Chris Christie is hitting DeSantis for not meeting with President Joe Biden during the president’s visit to survey Hurricane Idalia’s damage, Florida Politics reports. 

“Who do young Republicans want to win in 2024? Spoiler alert: It's not necessarily Trump.” via Savannah Kuchar of USA Today — It's a cliché that young people reject their parents' ideas. But as 2024 approaches, that goes for political candidates too. DeSantis has found favor with younger Republican voters across the country, even as Trump holds a commanding lead in the field of GOP White House hopefuls. Conservatives in their teens, 20s and 30s told USA Today they thought DeSantis was one of two winners of the first GOP debate last month, along with Haley. DeSantis narrowly beat Trump, 36.6% to 35.4%, in an informal straw poll of about 300 attendees at the National Young Republicans Convention in Dallas in August.

“Trump vows to end ‘madness’ of EV push” via Lauren Sforza of The Hill — Trump is vowing to end the “madness” of the Biden administration’s push for electric vehicles, a likely appeal to voters in the swing state of Michigan. In a pair of Truth Social posts Monday evening, Trump took aim at the electric vehicle industry and Biden’s push for more electric vehicles. With this opposition to electric vehicles, Trump is likely trying to persuade Michigan voters to support him over Biden, who carried the swing state in 2020.