Legislative Update - December 8, 2023

The Florida House & Senate wrapped up this week’s committee and subcommittee meetings on Thursday as lawmakers continue to prepare for the 2024 legislative session.  Next week will be the last week of interim committee meetings before the 2024 session begins.

The only requirement for the Florida legislature is to pass a balanced budget each year during the legislative session.  Gov. Ron DeSantis has until Dec. 10, next Sunday, to make his budget recommendation to the Legislature. Florida law requires the governor to submit a budget proposal by 30 days before the beginning of regular session.  On Tuesday, the Governor unveiled a new spending plan for state government that’s smaller than the current year’s. In the name of “efficiency,” DeSantis said he wants to spend $4.6 billion less than the current year and cut 1,000 positions in state government.  The legislature will review the Governor’s proposed budget and decide what they would like to include in their budget.

Voters in southwestern Miami-Dade County went to the polls in the HD-118 special election this past Tuesday, choosing their next representative to fill the unexpired term of former Rep. Juan Fernandez Barquin. Republican Mike Redondo was elected to the Florida House on Tuesday, defeating his Democratic opponent by just over 6 percentage points. Redondo's election returns the House Republican caucus to 84 members, compared to 35 Democrats and 1 seat (HD-35) still vacant.  Just 7.8% of registered voters in the 118th cast a ballot in Tuesday's special election, the lowest turnout seen for a race like this in over 12 years.

Governor …

DeSantis Offers Election Year Budget: Insurance Premium Tax Break, Job Cuts, Boost in Ed Spending, Padding Reserves

Gov. Ron DeSantis on Tuesday gave lawmakers a budget blueprint for the coming fiscal year that reflects the fact that it's an election year ahead, proposing tax breaks intended to help Florida residents mitigate the increasingly expensive cost of lving in the state while also boosting spending on education, infrastructure, and other needs, as well as padding state reserves. The governor also is proposing tightening, however, paying for proposed tax exemptions and increases in some areas by suggesting shrinking state government by 1,000 jobs. DeSantis, who took a break from his campaign for president to roll out his budget proposal at a news conference at a school on Marco Island in Southwest Florida, highlighted over $400 million in temporary relief from taxes and fees attached to property insurance premiums, acknowledging a growing chorus of complaints about the rising cost of living, particularly for those who own homes and have seen insurance costs spike. Democrats quickly pointed out that the proposed cuts may not go very far to affect relief in the face of rising insurance premiums. "It's just a drop in the bucket compared to the increases, sometimes two to three times higher than what folks were paying," State Rep. Anna Eskamani, D-Orlando, said. While proposing to cut the state workforce, in part by eliminating hundreds of unfilled jobs at the Department of Corrections, the budget also has good news for state employees, with proposed boosts in pension benefits. The governor also made another feel-good proposal for some voters – those who are fans of Florida State football – suggesting setting aside money for legal fees should the state decide to try to sue over the team's snubbing by the football playoff system. The governor's $114.4 billion budget proposal would cut state spending by $4.6 billion over the current year budget, which in its final version came in at just over $119 billion. If lawmakers were to eventually pass a smaller spending plan than the current year's budget, it would be unusual: the last time the budget got smaller year-over-year was in 2011, when lawmakers shrunk the budget by about $700 million, and that's only happened a few times in the last two decades. Governor's Proposed Budget (Bill Form) / DeSantis Press Release / DeSantis Budget Overview / Miami Herald-Tampa Bay Times / Orlando Sentinel / USA Today Network / Florida Phoenix / Politico / Politico Playbook / Florida Politics

Gov's Budget Would Offer Break on Property Insurance Tax, Assessments - Some homeowners would get a one-year reprieve from the insurance premium tax and two assessments they currently pay, the Fire Marshal Assessment and the Florida Insurance Guaranty Association, or FIGA, assessment, under Gov. Ron DeSantis' proposed budget. The governor's office said the one-year tax break on policies up to $750,000 in value would save homeowners about 6% on their property insurance bill for the year. That provision would cost the state about $409 million in revenue. The governor's proposal also includes a new permanent tax exemption on flood insurance policies. Governor's Office / Florida Politics

DeSantis Budget Includes Ask for Money to Sue College Football Playoffs Over FSU Snub - As part of his budget proposal for the upcoming fiscal year, Gov. Ron DeSantis is asking lawmakers to approve spending $1 million from the general revenue fund "for expenses related to litigation initiated by the Board of Governors or Florida State University related to actions taken by the College Football Selection Committee on Dec. 3, 2023, resulting in the Florida State University football team (being) ranked fifth in the nation and, consequently, ineligible to participate in the College Football Playoff." Tallahassee Democrat / Sports Illustrated / Forbes / The Hill / WTSP

Flags lowered to half-staff for National Pearl Harbor Remembrance Day — Gov. Ron DeSantis issued a memo ordering the U.S. and Florida flags to be lowered half-staff at all state buildings, installations, and grounds in honor of National Pearl Harbor Remembrance Day on Thursday. “On Dec. 7, 1941, over two thousand American soldiers and civilians lost their lives and over one thousand were injured in the Japanese attack on Pearl Harbor U.S. Navy base. We remember the lives lost on that fateful day and honor the brave veterans of World War II who fought for our great Nation,” DeSantis wrote in the memo.

Legislative …

Senate President Kathleen Passidomo has released the details on one of her top priorities for the 2024 Legislative Session.

The title of her plan has been known for a while now, and the chairs of the chamber’s various health care committees, such as Sen. Colleen Burton, have previewed it in bits and pieces over the past couple of months.

Thursday, the Naples Republican outlined the full scope of the “Live Healthy” initiative.

Read more about the “Live Healthy” initiative, including the spending breakdown, on Florida Politics.

Agencies to Outline DeSantis Budget Requests in Committees - Numerous House and Senate committees are scheduled to meet today to hear presentations on Gov. Ron DeSantis' 2024-25 fiscal year budget recommendations, consider legislation ahead of session and receive updates from several state agencies. The Senate Military and Veterans Affairs, Space, and Domestic Security Committee is expected to take up a memorial bill (SM 226) that would urge Congress to allow an increase to the Florida National Guard. The Senate Regulated Industries Committee is poised to consider five bills, including one (SB 42) that would make it easier for people with criminal records to get barber or cosmetology licenses. The House Civil Justice Subcommittee plans to take up five bills as well, including a proposal (HB 385) designed to enhance parental protection during child custody exchanges by mandating that court-approved plans for shared parental custody specify "designated authorized locations" for child handovers unless both parents agree otherwise. The Senate Environment and Natural Resources Committee is scheduled to consider four bills, including legislation (SB 32) that would require agency rules to address significant erosion in areas of critical state concern, protect barrier and spoil islands, assist Everglades restoration and Biscayne Bay revitalization efforts, identify vulnerable properties along the coastline and encourage partnerships with local government to create mangrove protection and restoration programs. The Senate Transportation Committee is expected to take up two bills, including one (SB 28) that would put a new tax, or fee, on drivers of electric vehicles to help make up for lost gas tax revenue. The House Criminal Justice Subcommittee will take up four bills, including a proposal (HB 187) to put a definition of antisemitism into state statutes and give examples of behaviors or speech that could be considered antisemitic and another measure (HB 401) that would make it illegal to use a mobile tracking device or app to track someone without their consent. The House Postsecondary Education & Workforce Subcommittee will consider legislation (HB 501) that would rename "Tallahassee Community College" to "Tallahassee State College". The House Healthcare Regulation Subcommittee takes up three bills, including legislation (HB 227) that would regulate a relatively new trend that involves administering vitamins, minerals, electrolytes and other fluids into a person's bloodstream through an IV, known as Intravenous Vitamin Therapy. LobbyTools Calendar 

Cash Welcome: Committee Moves Bill Requiring Businesses to Take Cash - A Senate committee on Tuesday advanced legislation that would bar most brick-and-mortar businesses from refusing to take cash. The bill (SB 106), by Democrat Sen. Shevrin Jones, is part of a national effort to counter a growing trend in which some merchants have started to move toward accepting only electronic forms of payment. The Florida bill would only apply to fixed-location businesses – meaning for example rideshare drivers wouldn't have to take cash – and has certain exemptions, including transactions over $5,000. The measure won unanimous approval Tuesday in the Senate Commerce and Tourism Committee. It goes next to a Senate budget committee. Florida Politics

Flamingo Pitched for State Bird - Move over mockingbird. Here comes the flamingo. Rep. Jim Mooney, R-Islamorada, and Rep. Linda Chaney, R-St. Pete Beach, filed a bill (HB 753) this week that would designate the American flamingo as Florida state bird. The designation would take the place of the mockingbird, which was approved in 1927, according to the bill.  Senator Tina Polsky would like to see the Scrub Jay as the state bird.

The House Transportation & Modals Subcommittee met this week and considered three bills, including one (HB 317) that would prohibit motorists from being in the left lane unless they're passing another vehicle and another (SB 28) that would put a new tax, or fee, on drivers of electric vehicles to help make up for lost gas tax revenue. The House Ethics, Elections & Open Government Subcommittee heard an overview from the Department of State on the certification process for voting machines and the House Water Quality, Supply & Treatment Subcommittee heard presentations on per- and polyfluoroalkyl substances, or PFAS. LobbyTools Calendar

Senate Panel to Consider Bill That 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 (SB 28) expected to be considered in the Senate Transportation Committee on Wednesday. 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 Clearwater Republican Sen. Ed Hooper. 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. Fort Myers Republican Rep. Tiffany Esposito is sponsoring the House version (HB 107). Similar legislation was filed 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. LobbyTools Calendar

Coastal communities would be allowed to establish a pilot program to regulate single-use plastic products under a measure (SB 698) filed by Miami Republican Sen. Ana Maria Rodriguez this week. Municipalities that take part in the pilot program must submit a report with data showing the effectiveness and impacts of regulating single-use plastic products and receive public input. The bill would not allow the local ordinances to impose any new taxes or fees relating to single-use plastic products or disposable plastic bags. Currently, regulation of single-use plastic products, such as plastic bags, are preempted to the state. 

Lawmakers underline concerns with ‘unrestricted’ local Communications Services Tax” via Florida Politics — Lawmakers are taking a closer look at how local governments are spending revenue from the Communications Services Tax (CST). The CST is a charge added to any cell, landline, cable and satellite television or video and music streaming service bill. Florida’s CST rate is the 12th highest in the nation, largely due to local governments levying additional tax increases on top of the state CST rate. Despite this, CST tax revenue collected by local governments has few restrictions on what the funds can be used for. In the Senate Finance & Tax Committee on Wednesday, a workshop on CST drew questions from Senators considering whether guardrails should be put in place to direct local CST revenues back toward local infrastructure projects and network upgrades. Last month, the House Ways & Means Committee also held a workshop on CST.

Courts …

“Florida appeals court sides with DeSantis, reverses ruling on congressional map” via Gary Fineout of POLITICO — A state appeals court on Friday overturned a ruling that declared DeSantis’ congressional map unconstitutional, setting the stage for the legal battle to finally head to the conservative-leaning state Supreme Court. The map pushed by DeSantis dismantled the North Florida seat of former Rep. Al Lawson, a Black Democrat, and resulted in Republicans gaining four seats that helped the GOP flip the U.S. House during the 2022 Midterm Elections. A circuit court judge back in August said the map violated Florida’s constitution and ordered that legislators redraw it.

Florida escapes ‘Judicial Hellhole’ designation as tort reform measures take effect - Following a series of legal reforms, the American Tort Reform Foundation (ATRF) has removed Florida from its ‘Judicial Hellhole‘ list, a long-held designation reflecting the state’s history of excessive litigation and frivolous lawsuits. The change is largely attributed to the passage of House Bill 837, which focused on transparency in damage claims in court trials. Sponsored by Reps. Tommy Gregory and Tom Fabricio, as well as Sen. Travis Hutson, the bill addresses the discrepancy between claimed and actual medical expenses in court cases. [Source: The Capitolist]

Business …

Florida gasoline price averages flirt with sub-$3 before spike in last week of November - Florida gasoline prices are falling again after a sudden spike in the middle of last week. Gas hit a new low of $3.01 per gallon last Monday, but jumped to $3.17 by Thursday. AAA-The Auto Club Group spokesperson Mark Jenkins said there isn't a "clear explanation" for the increase last week, but drivers are going to find prices near where they were at the beginning of last week. More from the Tallahassee Democrat.

Florida's population growth expected to slow in coming years - Florida continues to grow as it attracts people from other parts of the U.S., but that growth is projected to slow in the coming years as groups that have been moving to Florida in droves get older, according to state economists. The Legislature’s Office of Economic and Demographic Research released a report this week that showed the state’s estimated population in April was 22,634,867, an increase of nearly 359,000 people, or 1.61 percent, from a year earlier. More from the News Service of Floridad.

Tampa Bay among the top five hottest rental markets in Florida” via Devonta Davis of the Tampa Bay Business Journal — Tampa Bay is among the most competitive rental markets in the Sunshine State. The Big Guava is the fifth most coveted market for apartment renters in Florida, RentCafe’s November rental activity report found. The metro received a rental score of 75/100, with the report finding the average monthly rent for an apartment in Tampa Bay to be $1,920. Thirty-one percent of apartments in the area see rents between $1,501 and $2,000, while 33% of renters have rent over $2,000.

Elections …

Redondo Wins in HD 118, Keeps Seat Republican - Republican Mike Redondo won a special election for the open House District 118 seat in Miami-Dade County on Tuesday. Redondo got just under 52% of the vote in beating out Democrat Johnny Farias and no party candidate Frank De La Paz. Redondo will take the seat vacated by Republican Juan Fernandez-Barquin, who was appointed Miami-Dade County clerk. Redondo, a lawyer, won the closer than expected election amid questions about his legal residence. Redondo has a lease for an apartment in his district, but owns a waterfront condo 20 miles outside the district boundaries. Miami Herald / Florida Politics / LobbyTools Special Election Page

Just-elected Florida lawmaker has a new waterfront condo. It’s not in his district” via Silas Morgan of Fresh Take Florida — A well-funded Republican lawyer won a closer-than-expected election Tuesday to Florida’s House in a heavily leaning GOP district in South Florida, amid questions about the lawmaker-elect’s residency. Michael David Redondo won with 52% of the vote in the low-turnout special election for House District 118, with all precincts counted. His challenger, Democrat Johnny Gonzolo Farias, received 46% of the votes. Redondo bought a two-bedroom luxury, waterfront condominium for $950,000 that is 20 miles away in House District 113, according to property records. He signed a 30-year mortgage on May 30 for $727,000 that required him to live in the condo as his principal residence for at least one year, records showed.

Republicans still hold voter registration lead - Republicans' advantage in statewide voter registration continues to increase month over month across Florida. Republicans now lead Democrats by 678,905 active registered voters across Florida as of October 31, 2023, a lead built entirely over the past two years' time.

Florida Democrats are moving to eliminate the primary ballot for their party leading up to the 2024 presidential election. State laws say that an uncontested race will not appear on the ballot, and party leaders moved to name President Joe Biden as their sole candidate. Democratic presidential candidates such as Marianne Williamson and Minnesota Congressman Dean Phillips were outraged by this decision. The last time the primary ballot was eliminated was in 2012, when President Barack Obama was up for reelection.

Effort to get Medicaid expansion on 2026 ballot sees momentum in recent survey” via Anne Geggis of Florida Politics — Florida’s Latino voters might increasingly favor Republicans over Democrats, but they believe in a key Democratic Party goal: expanding Medicaid eligibility. Two Latino organizations, UnidosUS and Mi Familia Vota, commissioned BSP Research to survey more than 3,000 eligible Latino voters with Florida-specific questions going to 400 respondents. And poll respondents were asked whether they would favor expanding the state’s medical insurance for the poor, although not exactly in those words. The survey found 79% saying they favored the kind of government expansion of health care called for in the Affordable Care Act (ACA) and just 7% opposed it.

“Kathleen Passidomo leads fresh call for Christian Ziegler’s resignation” via Jacob Ogles of Florida Politics — Senate President Passidomo told Florida Politics she agrees with DeSantis that a rape accusation makes it impossible for him to lead the Party and that dealing with his legal troubles will require Zeigler's full attention.

Her remarks came after DeSantis said Ziegler should step down.

“The Governor is the leader of our Party,” Passidomo said. “I agree with his position. The allegations are serious.”

“Ziegler bucks Ron DeSantis’ call to resign as Florida GOP Chair” via A.G. Gancarski of Florida Politics — DeSantis may want him gone, but the Florida Republican Party Chair isn’t going. In an email Saturday to members of the party, Ziegler communicated no plans to resign in the wake of a police report in which a complainant accuses him of sexual assault. He thanks “all who have reached out in support,” calling it “humbling and frankly surprising to have so many people reach out in support by email, text and phone calls.”

“Republicans set in motion 30-day process to possibly expel Christian Ziegler” via Jacob Ogles of Florida Politics — If Republican Party of Florida Christian Ziegler doesn’t resign, executive members appear ready to expel him in 30 days. While bylaws for the state party don’t specifically allow for the removal of a Chair, the party constitution contains provisions for establishing a tribunal to judge misconduct by a state officer. Earlier this week, Republican Party of Florida Vice Chair Evan Power sent an email to executive members seeking support for a special meeting in Orlando to discuss Ziegler’s future in the party. Tuesday night, enough members replied to that call to ensure a meeting would happen. Sources within the Republican Party say 33 of the 4 party executive committee members signed onto the meeting demand. The constitution requires half the members to agree.