Legislative Update - October 6, 2023

The Florida House and Senate are slated to hold their first full week of committee meetings in mid-October as they prepare for the 2024 legislative session. Schedules posted on the House and Senate websites show time set aside for four days of meetings during the week of Oct. 16. 

That includes time slots Oct. 16 for two new House panels — the Select Committee on Health Innovation and the Select Committee on Hurricane Resiliency & Recovery. The House held three subcommittee meetings on Sept. 19, and the Senate is scheduled to hold seven committee meetings next week. The legislative session starts Jan. 9.

Don Gaetz, Former Senate President and current Florida Ethic Committee member is running for his old Senate seat in 2024.  Rumors are swirling that his son, Congressman Matt Gaetz, will run for Governor in 2026.

Legislative …

GOP House Member Wants Florida to Expand Medicaid - Navarre Republican Rep. Joel Rudman, a physician, is calling for the expansion of Medicaid in Florida. Rudman said his recent "health care listening tour" revealed key problems, including high uncompensated care, low Medicaid reimbursement rates and an ongoing workforce shortage. He noted that the recent loss of Medicaid coverage for many Floridians due to eligibility redeterminations underscores the need for change, as they now resort to costly emergency room visits. Rudman also emphasized that Medicaid expansion is essential to help the working poor, including single parents with multiple jobs who lack affordable health insurance, limiting their access to specialty care. Florida is one of only ten states that has declined to accept federal money to expand Medicaid under the Affordable Care Act and the state's uninsured rate is higher than the national average. Rudman wants to depoliticize the issue and jokingly referred to the initiative as "Rudmancare.” Florida Politics

New Bill Proposes 12-Week Abortion Ban - Legislation filed Monday by Miami Beach Republican Rep. Fabian Basabe attempts to amend the state's abortion ban again, limiting the procedure to the first 12 weeks of pregnancy. During the 2023 legislative session, lawmakers passed a six-week ban with exceptions allowing the procedure up to 15 weeks into a pregnancy in cases of rape, incest, human trafficking, fatal fetal abnormalities or if the mother is at risk of severe injury or death – requiring documentation as proof of eligibility. The six-week ban, called the "Heartbeat Protection Act," will take effect if the state's current 15-week ban is upheld in an ongoing legal challenge before the Florida Supreme Court. While Basabe's proposal provides exceptions to the ban, the state's 15-week limit does not. Basabe abstained from voting on the six-week ban, and says his new bill is more of a "compromise." The new measure (HB 93) also prohibits doctors from performing abortions remotely, via telehealth. In 2020, more than 90% of abortions in the U.S. occurred during the first trimester, with only 1% occurring after 20 weeks of gestation, according to the Centers for Disease Control and Prevention. Florida Politics

Bill Would Name A1A Highway After Jimmy Buffett - A bill filed late last week would change the name of State Road A1A in Florida in honor of the legendary singer-songwriter Jimmy Buffett, who died Sept. 1 at 76 after battling Merkel cell skin cancer. The road, which runs along the Atlantic Coast down to Key West, a town that inspired much of Buffett's music, was the name of one of Buffett's albums. The measure (HB 91), sponsored by Republican Rep. Chuck Clemons, would designate the entire A1A – from Key West to Nassau County in Northeast Florida – as the "Jimmy Buffett Memorial Highway." Despite not being a native Floridian, Buffett built a lifestyle empire that included Margaritaville bars, restaurants, hotels and resorts nationwide in addition to decades of popular live performances of his music, much of which highlighted tropical lifestyles and Florida locations. Buffett also owned a house in Palm Beach and supported state conservation efforts, including Florida's Save the Manatee License Plate. Florida Politics

House Bill Would Set License Fees on EVs - Drivers of electric vehicles would pay an annual license fee of $200, with an increase to $250 in 2029, under legislation (HB 107) filed in the House on Monday. The money collected would go to the State Transportation Fund and to counties to make up for revenue lost because of lower gasoline tax collections. Plug-in hybrid electric vehicle owners would pay a $50 annual license fee, with an increase to $100 in 2029, under the bill, filed by Republican Rep. Tiffany Esposito. The new annual fees would kick in Oct. 1 of 2024, and would be in addition to the annual motor vehicle license tax already required, which is based on the weight of the vehicle. The proposal matches a Senate measure (SB 28) filed last week by Clearwater Republican Sen. Ed Hooper, who filed similar legislation last year, which passed in the House but failed to gain Senate approval. At least 32 states require a special registration fee for EVs, mostly on top of regular registration or license taxes, according to the National Conference on State Legislatures. Of those, 19 states also assess a fee on plug-in hybrid vehicles.  

Child Labor Law Rollback Part of National Move to Let Kids Work More - A think tank that does research on issues affecting low and middle income workers said new legislation filed in Florida that would end some child labor protections is similar to legislation being pushed nationwide by the Florida-based Foundation for Government Accountability that is targeting strict child labor laws in several states. The legislation in Florida (HB 49) was filed in mid-September by Republican Rep. Linda Chaney. It would eliminate restrictions on when 16- and 17-year-olds can work, ending limits on hours and a current ban on scheduling them to work overnight shifts on school days. The measure also pre-empts the issue to the state, banning local governments from putting more stringent requirements in place. The Economic Policy Institute's Working Economics Blog noted that Florida is the 13th state where such legislation has been considered this year. The think tank is opposed to the legislation. So far, the Florida House bill doesn't have a Senate companion. EPI Working Economics Blog  

Business …

What you need to know about Florida's minimum wage increase - Florida’s minimum wage went up to $12 an hour on Sept. 30, thanks to a constitutional amendment approved by voters a couple of years ago. Despite that, it may not be enough to cover living expenses in the Sunshine State. Dr. Maria Ilcheva is the assistant director of the Metropolitan Center at Florida International University. She said the increase is insufficient for what households need to survive, specifically in South Florida. More from WUSF and WBBH.

According to the Office of Economic and Demographic Research (EDR), Florida’s general revenue exceeded expectations for August. Economists reported a gain of $285.7 million in revenue, a more than 8 percent increase above projections. Sales tax revenues led the way, exceeding projections by $136.9 million, although that was partially due to increased inflation. Ten other revenue streams exceeded expectations, including investment earnings and insurance taxes.

Economist: Florida in better position to weather economic slowdown - Sean Snaith expects a slowdown or recession ahead for the national economy in late 2023/early 2024— but he said Florida is better prepared than before. The director of the University of Central Florida Institute for Economic Forecasting said in the institution's recently released forecast that he is unsure if it will rise to the level of a recession — and it would come after a projected early 2022 recession the institute forecast and is waiting on data to confirm. More from the Orlando Business Journal.

How Low Can They Go? Workers Comp Rate Drop Considered Amid Plea for Caution - Regulators with the Office of Insurance Regulation are considering a proposed overall, average workers’ compensation rate decrease of 15.1% and a 22% decrease for roofing jobs, drops in rates recommended by actuaries with the National Council on Compensation Insurance that would be some of the largest rate cuts in Florida history. If approved by OIR, the rates would take effect Jan. 1. But roofing contractors told regulators during a hearing on the proposal this week that workers comp rates, which have dropped for seven straight years in Florida, may now be so low it puts policyholders at risk. “We appreciate the lower rates we’ve all seen over the years, but the pendulum will swing, just like it did with property insurance rates,” one roofing company executive told the panel. “I’m not asking. I’m begging you to freeze rates for roofing classifications,” said another, Ralph Davis, of Streamline Roofing, in Tallahassee. Since workers comp reforms put in place in 2003, rates in Florida have dropped 17 times and are now 74% lower than they were in 2003. That matches comp rate decreases across the country, due in part to improved safety and fewer workplace injuries, experts have said. While roofers are urging caution, overall, the business community backs continued drops in workers comp insurance costs, with many small business owners saying they need any relief from broader inflation pressures that they can get. Written comments on the proposed rate decrease are still being taken and a decision on the proposed decrease isn't expected until after the end of the comment period on Oct. 19. Insurance Journal

AAA: Florida Gas Prices Dropping - Despite high oil prices, gasoline prices in Florida have been steadily decreasing, with the average price dropping by 10 cents per gallon last week, according to AAA. Over the past two weeks, the state's average price has fallen by a total of 20 cents per gallon, reaching $3.49 per gallon on Sunday, the lowest daily average since late July. The drop in gasoline prices is attributed to reduced demand after the end of the summer driving season, coupled with increased gasoline production compared to the previous year. Gasoline futures have also seen an 18-cent drop for the second consecutive week, indicating that pump prices will likely continue falling in the coming week. The price of oil settled at $90.79 per barrel, representing a 1% increase compared to the previous week. The most expensive markets for gas include the West Palm-Boca Raton area, Naples and Port St. Lucie, while the least expensive areas in the state are Pensacola, Melbourne-Titusville and the Crestview-Fort Walton Beach region. AAA Press Release

Jobless Claims Down in Florida - The pace of first-time unemployment claims in Florida continued to slow as September ended, according to a report released Thursday by the U.S. Department of Labor. An estimated 5,234 claims were filed in Florida during the week that ended Sept. 30, down from 5,413 the previous week, the report said. During the past four weeks, Florida has averaged 5,491 new claims. Since the start of the year, it has averaged 5,792 a week. Meanwhile, 207,000 claims were filed nationally last week, up 2,000 from the previous week. Florida had a 2.7 percent unemployment rate in August, with 303,000 Floridians qualified as unemployed from a labor force of 11.12 million. The state Department of Commerce will release September numbers on Oct. 20.

The Sunshine State is now the second most-valuable real-estate market in the country, according to a new study by Zillow that charted the change in national home prices since the pandemic, Insider reports. 

Progressive Cutting Property Insurance Policy Numbers in State - Progressive plans to drop about 100,000 policies, including 47,000 second or vacation home policies and 53,000 high-risk homeowners' policies in Florida. The insurance company is instead offering affected customers the option to renew those policies with Loggerhead Insurance over a two-year transition period. The decision was first reported by Inside P&C. It is the latest decision by a private company to shed policies in the state following a move by Farmers Insurance to drop about 100,000 policies and AAA declining to renew auto and home insurance policies for some customers. The move has left many policyholders seeking coverage from state-backed Citizens Property Insurance Corporation, which has recently swelled to nearly 1.4 million policies, holding 18% of Florida's residential insurance market and posing a financial risk to the state if a strong storm were to hit. Recent legislative reforms aimed to stabilize the market and included changes such as eliminating one-way attorney fees and restricting policyholders from assigning benefits to contractors for home repairs. Progressive noted that they appreciated the state policy changes and emphasized that they have no plans to withdraw from Florida. Florida Politics / Florida's Voice / WFLA / WPEC / WPTV / LobbyTools Property Insurance Backgrounder 

Report: Florida is a national leader in wooing wealthy millennials - A new study shows Florida is a national leader in attracting wealthy millennials to relocate to state. The millennial generation — those currently aged 27-42 — has faced many challenges, including the 2008-09 recession, higher levels of student loan debt and unmoving wage growth. But the study says things are looking up for the generation. It currently makes up the largest segment of the labor force as well as make up the majority of homebuyers. [Source: Business Observer]

Courts …

CHINESE PROPERTY OWNERS: Attorneys urged a federal appeals court to block a new Florida law that restricts people from China from owning property in the state, saying the measure “mandates egregious national-origin discrimination.”

The U.S. Supreme Court said last Friday it will take up a First Amendment fight about a 2021 Florida law that placed restrictions on major social-media companies, the News Service reports via the Miami Herald. 

State Supreme Court Considering Protest Law - Justices on the state Supreme Court heard oral arguments in a challenge to a 2021 law that increases penalties for rioting when it results in injuries to another person or damage to property, a proposal the Legislature passed in response to national protests over the murder of George Floyd in 2020. Civil rights groups, including the Dream Defenders and the Florida State Conference of the NAACP, filed a lawsuit alleging the law violated First Amendment rights. They argue the law could harm peaceful protestors, but lawyers for Gov. Ron DeSantis and the Jacksonville sheriff on Wednesday said the statute does not allow innocent bystanders or peaceful protesters to be prosecuted, emphasizing the words "willfully" and "intentionally" included in the law's language. The case comes to the state's highest court from the federal 11th Circuit Court of Appeals, which asked justices to weigh in on the definition of riot as part of its consideration of the challenge. Once the Supreme Court issues an opinion, the federal court will decide whether to affirm or lift an injunction blocking the law from taking effect. News Service Florida / Law 360

Supreme Court to Consider Constitutional Amendment to Legalize Recreational Marijuana - The Florida Supreme Court is set to hear arguments Nov. 8 on a proposed constitutional amendment that could lead to the legalization of recreational marijuana in the state for people aged 21 and older. The initiative, pushed by a group called Smart & Safe Florida and financially supported by the state’s largest cannabis dispensary Trulieve, has enough valid petition signatures to qualify for ballot inclusion but the proposal is being challenged by Attorney General Ashley Moody. Moody's position aligns with her stance on a similar initiative in 2019, arguing the citizen initiative is misleading to voters, conflicts with federal law and would largely benefit Trulieve. Justices must approve the proposed ballot language before it can be presented to voters in the November 2024 election, ensuring that the ballot initiative is clear and only addresses a single subject. The proposed ballot summary outlines that it would allow adults aged 21 and older to possess, buy or use marijuana products and accessories for non-medical purposes. If successful, the constitutional amendment would still need to be ratified by 60% of Florida voters and could potentially lead to the recreational legalization of the plant by May 2025. News Service Florida / Florida Politics

Attorney General Ashley Moody kicked off a new legal fight against the Biden administration that centers around a new law regulating unions that the governor has boasted about on the presidential campaign trail, Politico Florida reports.

The trial over Black voting representation in north Florida wrapped up this week with a three-judge panel suggesting a ruling by the end of the year on whether DeSantis legitimately vetoed a Black-held congressional district, the Florida Phoenix reports.

Supreme Court gears up for marijuana legalization arguments” via A.G. Gancarski of Florida Politics — The Florida Supreme Court will review oral arguments on an Adult Personal Use of Marijuana citizen initiative that could lead to a constitutional amendment for voter consideration, with legalization in effect as soon as May 2025 if 60% or more of voters approve. The hearing is set for Nov. 8. “With upcoming oral arguments, we want to restate the fact that the language was drafted very conservatively and with the guidance of this very court. We anticipate that the court will stick to its deferential standard of review and will agree that the language strictly adheres to the law and the Florida constitution and will give the voters the opportunity to vote on this subject,” said Steve Vancore, a spokesperson for Smart & Safe Florida, the political committee sponsoring the initiative. Trulieve CEO Kim Rivers added, “We look forward to the Smart & Safe campaign presenting its case to the Florida Supreme Court. We hope the court will ignore the political rhetoric, stick to the law and give Floridians the opportunity to vote on this important initiative.” Smart & Safe Florida already has more than a million verified signatures, meeting the threshold needed for ballot inclusion. Notably, a March poll conducted by the University of North Florida found 70% of Floridians either “strongly” or “somewhat” legalizing recreational use for people over 21.

COVID …

Data from Florida's Department of Health shows a consistent decline in reported COVID-19 cases over the past two weeks. In the week starting Sept. 15, there were 10,925 cases, and in the following week starting Sept. 22, there were 9,540 cases, a significant drop compared to the 23,980 cases in the week starting Aug. 25. The total COVID-related deaths in the state have risen to 91,178, with 77.8% of them involving individuals aged 65 or older. News Service Florida

Campaigns and Elections …

DeSantis took his presidential campaign to downtown Tampa on Thursday to accept the endorsement of 60 Florida sheriffs, giving him an opportunity to keep hammering his stump speech on law and order, the Tampa Bay Times reports. 

The Trump campaign outraised DeSantis by over $30 million in the third fiscal quarter as the two vie for the 2024 Republican nomination, National Review reports. 

“DeSantis again rules out running as Trump's VP” via Shauneen Miranda of Axios — DeSantis shot down questions once again about whether he would serve as Vice President, if asked, on a Trump ticket. What he's saying: “No, I'm running for President,” DeSantis said. “We need somebody that can serve two terms. We need somebody that can win states like Georgia and Arizona, which President Trump cannot do or did not do even though candidates like [John] McCain and [Mitt] Romney had no problem winning those states,” DeSantis said. In March, DeSantis had laughed off a question about being Trump's VP pick. Again, in July, the GOP Governor said he would not be interested in such a role.

Abortion Initiative Tops 400,000 Signatures - Supporters of a proposed constitutional amendment aimed at ensuring abortion rights have topped 400,000 valid petition signatures submitted to the state. The Florida Division of Elections website on Thursday showed 402,082 valid signatures for the proposal, which the political committee Floridians Protecting Freedom is trying to put on the November 2024 ballot. The total reflects signatures that have been validated, not necessarily the overall number of signatures collected. Floridians Protecting Freedom would need to submit at least 891,523 valid petition signatures to get on the 2024 ballot. Also, it would need the Florida Supreme Court to approve the proposed ballot wording. The committee has submitted enough signatures to trigger a Supreme Court review, though it remains unclear when that review will take place. Floridians for Protecting Freedom announced the ballot initiative in May after the Republican-controlled Legislature approved a bill that seeks to prevent abortions after six weeks of pregnancy. The proposed amendment would bar laws that restrict abortion “before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

Don Gaetz is running — Look for former Senate President Gaetz to officially launch his campaign today for state Senate District 1 to replace the term-limited Sen. Doug Broxson. The official launch follows some speculation that Gaetz would run. It also comes as many wonder whether his son, Republican U.S. Rep. Matt Gaetz, is positioning himself for a 2026 bid for Florida Governor. Should the senior Gaetz win, it could mean he's wielding power in the Senate while his son campaigns for Governor. Though the junior Gaetz has downplayed rumors that he's running for Governor in 2026, many are expecting he will.