Legislative Update - December 22, 2023

An estimated 6.6 million Floridians will travel 50 miles or more during the year-end holiday travel period between Dec. 23 and Jan. 1 — a new record, according to AAA — The Auto Club Group.

That’s nearly 218,000 (3.4%) more than last year, the previous record high, not including out-of-state visitors.

AAA forecasts more than 6 million Sunshine State residents will take to the road, a roughly 181,000-person increase from 2022. The not-for-profit organization anticipates another 356,790 will travel by air, a more than 15,000-person uptick over the year prior.

The FDA fought back last Friday against “the proliferation of misinformation” by Florida’s Surgeon General Joseph Ladapo about the safety of COVID-19 vaccines, rejecting Lapado’s assertion about cancer risk as “implausible,” the South Florida Sun Sentinel reports. 

Congress in 2021 provided $6.4 billion to states to curb tailpipe emissions and reduce the effects of climate change, with Florida set to receive $320 million, the third most of any state, but it’s now the only state to turn down the money, the Tampa Bay Times reports. 

The Florida GOP voted at an emergency meeting Sunday to strip all power from current Chairman Christian Ziegler, who is under criminal investigation by the Sarasota Police Department for allegations of sexual assault, including rape, NBC News reports.

Governor …

Schwartz to Lead DOAH - Gov. Ron DeSantis and the state Cabinet on Tuesday named Administrative Law Judge Darren Schwartz as interim director of the Florida Division of Administrative Hearings. Schwartz, an administrative law judge since 2013, has been serving as acting director and chief judge since former Chief Judge Brian Newman left the position this month to become general counsel of the state’s Citizens Property Insurance Corp. Newman had served as an administrative law judge since 2019 and was appointed chief judge by DeSantis and the Cabinet in January. Schwartz spent 23 years in private practice before moving to the Division of Administrative Hearings.

Cabinet Slated for Four Meetings - Gov. Ron DeSantis and the Florida Cabinet on Tuesday agreed to meet four times in 2024, a slightly lighter schedule than in 2023. Meeting by phone, DeSantis, Attorney General Ashley Moody, Chief Financial Officer Jimmy Patronis, and Agriculture Commissioner Wilton Simpson approved a schedule that includes Cabinet meetings on March 26, June 11, Sept. 24 and Dec. 17. They also are expected to meet in their role as the state clemency board on March 27, June 12, Sept. 25 and Dec. 18. Tuesday’s meeting marked the fifth Cabinet meeting this year. DeSantis and the Cabinet last met in person on May 23. The only other in-person meeting was on Jan. 17. Other meetings were held by phone. DeSantis, Moody and Patronis also held a call on Sept. 18 in their role as trustees of the State Board of Administration. By comparison, when then-Gov. Rick Scott, then-Attorney General Pam Bondi, then-CFO Jeff Atwater and then-Agriculture Commissioner Adam Putnam first entered office in 2011, they met 18 times that year. During the next six years, the governor and Cabinet met between 11 and 15 times annually. Patronis replaced Atwater in 2017. In 2018, the Cabinet held nine meetings, including two teleconferences. Under former Gov. Charlie Crist and former Gov. Jeb Bush, the Cabinet met about 20 times a year.

DeSantis Proposes Home Energy Rebate Grant After Vetoing Federal Funds for It - Gov. Ron DeSantis' budget recommendations allocate $1.73 million for the Florida Department of Commerce to administer home energy rebate programs, with the agency having the authority to request additional money as needed for the plan. The move comes after DeSantis vetoed $30 million in the current state budget that would have allowed the state to tap into $346 million in federal funds for rebate programs to help low-income households save on electricity bills and upgrade homes with clean energy equipment. Simultaneously, a group of Florida congressional Democrats introduced the Reforming Energy-Efficient Buildings and Appliances Tax Exemptions Act, which aims to enable city and county governments to run the home energy rebate program by amending the Inflation Reduction Act to facilitate direct federal funding to cities and counties for high-efficiency electric home rebate programs, offering tax incentives for families adopting energy-efficient appliances. DeSantis had initially vetoed the funding due to concerns about the climate change component of the Inflation Reduction Act. U.S. Department of Energy officials say Florida has until next August to apply for or reject the funds the federal government allocated to the state for the home energy rebate program. Orlando Sentinel

Attorney General …

Moody Joins Other Red State AGs in Challenge to Emissions Rules - Attorney General Ashley Moody joined several other Republican attorneys general around the country in a lawsuit filed Thursday in federal court challenging Biden Administration rules that set new federal vehicle emissions standards. Moody argues the rule sets arbitrary targets and that the U.S. Department of Transportation does not have the authority to regulate greenhouse gas emissions. Moody said in a statement that the Biden Administration's energy policies have been "reckless" and have "devastated the economy," and argued, "this new, foolhardy edict from the U.S. Department of Transportation will create even more financial hardships for our state and Floridians." The complaint was filed in U.S. District Court in the Western District of Kentucky, in Paducah. It names President Biden, the Federal Highway Administration and the U.S. Department of Transportation as defendants. "Congress has not given (the Federal Highway Administration or the U.S. Department of Transportation) authority to regulate greenhouse gas emissions," the complaint says. "Nor can the agencies compel the states to administer a federal regulatory program or mandate them to further executive policy wishes absent some other authority to do so – which is lacking as to this rule." The rules, announced last month by the Federal Highway Administration, are part of the Biden Administration's effort to reduce carbon emissions by targeting transportation pollution, the largest source of greenhouse gas emissions in the United States. Complaint / Florida Department of Transportation Press Release / Courthouse News Service

Supreme Court …

Supreme Court Advises Against Plan to Combine Florida's Judicial Circuits - The Florida Supreme Court has agreed with the Judicial Circuit Assessment Committee's report that the state's 20 judicial circuits should not be consolidated. The 14-member panel, appointed by the state Supreme Court at the behest of House Speaker Paul Renner, R-Palm Coast, unanimously approved the report in November after spending four months reviewing the issue. The proposal to consolidate circuits, which proponents said was needed for uniformity, efficiency and financial reasons, was met with overwhelming opposition from state attorneys, public defenders, judges, sheriffs, elected officials, The Florida Bar and the public. "Based on the committee's findings and recommendations and our own independent judgment, we do not find that there is a need to consolidate Florida's judicial circuits," Chief Justice Carlos Muñiz wrote in the recent ruling. Justices said there was no "compelling need" for such a change and that the Rule of General Practice and Judicial Administration (2.241) "advises the Court consider 'less disruptive adjustments' before finding that a change in circuits is needed." The committee's report found that consolidation was unlikely to save money and would not enhance public trust and confidence in the judicial process. The Supreme Court ruling instead emphasized the importance of ongoing reforms to achieve greater uniformity in technology and court processes. The Florida Constitution grants the Legislature the power to make changes to the circuit and appellate court systems, relying on recommendations from the state's highest court. Florida Bar News / News Service Florida / Supreme Court Ruling

Legislative …

State Sen. Nick DiCeglie has filed legislation that would require disclaimers on any political advertisement or electioneering communication that utilizes artificial intelligence in order to combat so-called “deepfakes” and misinformation, Florida Politics reports. 

Jimmy Patronis wants $5.5M to expand state’s Division of Consumer Services” via Tarik Minor of News4Jax — Patronis wants to expand what he calls one of the state’s best-kept secrets: The Division of Consumer Services. At a time when everything, including insurance, seems to cost more money, and the state of Florida is in the midst of a property insurance crisis, Patronis said he’s asking the Legislature for $5.5 million to increase the Consumer Services Division’s size so it can provide more face-to-face assistance for insurance needs of all kinds. “We had over 70,000 phone calls last year to our Consumer Services Division. And whether it’s life insurance, car insurance, health insurance or you know, catastrophic claims when it comes to a hurricane, this is what our experts do,” Patronis said.

Florida Sole State to Opt Out of Federal Funds Aimed at Lowering Emissions - Florida was the only state to decline federal funding to address tailpipe emissions and combat climate change, according to federal officials. The initiative allocated a total of $6.4 billion to states in 2021 as part of the Bipartisan Infrastructure Law to help promote environmentally friendly transportation, including electric buses and roundabouts, with Florida able to receive $320 million from the program. The state Department of Transportation cited government overreach and "continued politicization of our roadways" as reasons Florida rejected the money, according to a letter addressed to the U.S. Department of Transportation from FDOT Secretary Jared Perdue. Environmental groups were against the state's decision, with U.S. Rep. Kathy Castor, D-Tampa, saying the move was "fiscally irresponsible." Those who favor the state's decision, including U.S. Rep. Laurel Lee, R-Brandon, said federal climate change agendas contain "unrealistic and unfeasible goals." Although Perdue also mentioned that the state declined to participate in the program due to a lack of guidance and "unclear obligations," the federal transportation agency plans to contact Florida officials about the decision. Meanwhile, Texas is set to use its share of $641 million for congestion management, public transportation, truck parking and other projects. The Tampa Bay Times also reported that some emission reports on the FDOT website were recently removed, with Perdue highlighting that the state will focus on building transportation infrastructure and "not reducing carbon emissions." Tampa Bay Times

Business issues …

Lower Gas Prices Greet Holiday Travelers - With gasoline prices dropping heading into what is expected to be a travel-heavy holiday period, Floridians were paying the lowest amounts at the pump in more than two years. The AAA auto club said Floridians were paying an average of $2.86 a gallon for regular unleaded on Sunday, the lowest since June 2021. "Strong domestic gasoline supplies and low oil prices have contributed to the downward pressure on prices at the pump,” AAA spokesman Mark Jenkins said in a prepared statement. “Oil prices regained some strength last week, so a modest increase is possible at the pump, but AAA expects gas prices to remain low through the holidays.” The national average was $3.07 a gallon, below the 2022 low of $3.09. “AAA is forecasting that roughly 104 million Americans will drive to their holiday destinations this year, and they will be greeted with the gift of falling gas prices,” AAA spokesman Andrew Gross said in a statement. “With pump prices falling slowly each day, it is likely that the national average will slide below $3 per gallon by the end of the year.” A record 6.6 million Floridians are expected to travel more than 50 miles for the holidays.

 Florida ranks #5 on the list of one of the most dangerous states to drive[WOKV]
According to analysis of data from the National Highway Traffic Safety Administration, Florida ranks #5 on the list for the most dangerous states for driving during the holidays. The holidays are a time to celebrate the season and hit the road to visit family and friends, causing an increase in vehicles on the road which can lead to an increase in travel-related accidents.

Florida insurance market shows recovery signs after steep rate increases - Last year, lawmakers put new reforms in place, and now Florida’s insurance commissioner says the bleeding has stopped and the state is seeing improvements but is the industry finally in the clear? Many industry experts agree that while the state may not be completely out of the woods yet, there are signs of improvement on the horizon. Fort Myers Insurance Agent Doug Nellans with the Insurancenter said he would describe the overall feeling in the industry as cautiously optimistic about the market heading into 2024 as six new insurance companies open for business in Florida, giving homeowners more options. [Source: WBBH]

Florida utilities plan to lower customer bills in 2024 - After high natural-gas costs helped push up electric bills over the past year, many Florida utility customers could get some relief in 2024. The three major private electric utilities — Florida Power & Light, Duke Energy Florida and Tampa Electric Co. — plan to lower customer bills, with the biggest changes coming at Tampa Electric and Duke. Utility bills are made up of a mixture of costs, such as base rates, environmental costs, storm costs and power-plant fuel costs. [Source: News Service of Florida]

Jobless Claims Total Sees Little Change - The pace of first-time unemployment claims in Florida remains relatively unchanged. The U.S. Department of Labor on Thursday issued a report that estimated 5,430 unemployment applications were submitted in Florida last week. That was down from a revised count of 6,170 claims during the week that ended Dec. 9 and below the average of 5,808 since the start of the year. Florida had a 2.8 percent unemployment rate in October, indicating an estimated 318,000 people were out of work from a labor force of 11.174 million. The Florida Department of Commerce on Friday will release a November unemployment report. The national unemployment rate in November was 3.7 percent.

—"Florida’s complicated cost of living explained in four charts” via Teghan Simonton of the Tampa Bay Times

South Carolina and Florida were the two fastest-growing U.S. states in 2023, according to estimates released Tuesday by the U.S. Census Bureau. Florida added more than 365,000 residents for a 1.6% growth rate. Florida also saw a drop in the number of deaths compared to last year. Associated Press

Life expectancy is dropping across the US. How long can Florida residents expect to live? - When it comes to how long you can expect to live, there's good news and a little bad news for Florida residents, along with the rest of the United States. From 2019 to 2020, life expectancy declined for all 50 states and the District of Columbia, according to the Centers for Disease Control. Life expectancy across the U.S. in 2021 was 76.4 years, a decrease of 0.6 from 2020. [Source: Daytona Beach News Journal]

November Housing Prices - The industry group Florida Realtors this week released a report showing the statewide median sales price for single-family existing homes in November was $413,000. Here were median prices in the state’s metropolitan statistical areas:

— Naples-Immokalee-Marco Island: $750,000

— Miami-Fort Lauderdale-West Palm Beach: $605,000

— North Port-Sarasota-Bradenton: $495,000

— Orlando-Kissimmee-Sanford: $439,995

— Port St. Lucie: $430,000

— Cape Coral-Fort Myers: $410,000

— Tampa-St. Petersburg-Clearwater: $410,000

— Jacksonville: $400,000

— Sebastian-Vero Beach: $399,000

— Crestview-Fort Walton Beach-Destin: $395,000

— The Villages: $385,500

— Gainesville: $373,250

— Punta Gorda: $370,000

— Palm Bay-Melbourne-Titusville: $362,130

— Deltona-Daytona Beach-Ormond Beach: $361,995

— Panama City: $355,000

— Lakeland-Winter Haven: $335,640

— Pensacola-Ferry Pass-Brent: $321,183

— Tallahassee: $317,500

— Ocala: $285,990

— Homosassa Springs: $279,450

— Sebring: $266,000

Source: Florida Realtors

Campaigns & Elections …

Democratic Candidate Who Lost Special Election Asks Court to Block Republican Winner - A Democratic state House candidate who lost in a special election earlier this month is seeking an injunction to prevent the winner from taking his seat. South Florida Republican Mike Redondo won the open House District 118 seat in Miami-Dade County with just under 52% of the vote, beating Democrat Johnny Farias. Farias argues that Redondo provided false information about his residency, noting that Redondo has a lease for an apartment in his district but owns a waterfront condo 20 miles outside the district boundaries. Farias is requesting the court to block Redondo, a lawyer, from taking the seat and is asking a judge to set a new election or install Farias as the Representative. The seat became open after Republican Juan Fernandez-Barquin was appointed Miami-Dade County clerk. The lawsuit alleging Redondo wasn't qualified to run or hold office faces challenges, as House rules state that the chamber has exclusive jurisdiction over members' qualifications, and Republicans currently hold a majority. Redondo contends there are no issues with his residency. County Judge Diana Gonzalez-Whyte set a preliminary trial schedule, which could continue into the summer. The governor also certified the special election results this week. Additionally, Farias previously filed a complaint against Redondo with the Florida Bar and his campaign manager filed a complaint with the Florida Commission on Ethics over the race. Fresh Take Florida

RPOF Suspends Ziegler, Nearly Eliminates Salary, Plans Vote to Elect New Chair - Florida Republican Party officials on Sunday voted to suspend Christian Ziegler from his chairmanship of the party during an investigation of sexual assault allegations against him, voted to reduce his salary from $120,000 a year to $1, and may remove him if he doesn't resign. Ziegler, 40, appeared before a closed-door meeting of party leaders to defend himself, but the 40-person group of party leadership and representatives from each of Florida's congressional districts decided to transfer most of his duties to Florida GOP Vice Chair Evan Power. The RPOF will hold another emergency meeting in early January and may elect a new chairman if Ziegler hasn't resigned by then. "It was crystal clear today that the executive board believes that Christian no longer can do the job as chair because he can't fundraise, doesn't represent the values of the Republican Party and he won't be able to help our candidates running for election," said Pinellas County GOP Chairman Adam Ross, who was in the meeting. Sarasota Herald-Tribune / Orlando Sentinel / Tampa Bay Times / Miami Herald / New York Times / Washington Post / Politico / Axios / The Hill / Associated Press / CNN / NBC

“Evan Power announces run for Florida GOP Chair” via Jacob Ogles of Florida Politics — “It is imperative we move the party forward quickly and efficiently,” the Tallahassee Republican told Florida Politics. “With the 2024 Elections less than a year away we need to hit the ground running. On Jan. 8, I will ask my fellow RPOF members to entrust me with the responsibility to lead our Republican team to victory.”

Jeff Roe, the top adviser to the Never Back Down super PAC backing Gov. Ron DeSantis’ presidential campaign, resigned Saturday night in the latest sign of trouble for DeSantis less than a month before voting begins with Iowa’s caucuses, the Associated Press reports.

The Campaign Legal Center, a watchdog group, filed a complaint against Gov. Ron DeSantis' presidential campaign and his super PAC Never Back Down, alleging violations of federal election laws. The complaint claims that Never Back Down coordinated its activities with and made in-kind contributions to DeSantis and his campaign committee, which is against the legal requirement for super PACs to remain independent of federal candidates or their campaigns. DeSantis' campaign dismissed the complaint as baseless, stating that it is politically motivated. NBC News / Politico

“Trump's 2024 plan: Win Iowa by double digits, wrap up the nomination by March” via Vaughn Hillyard, Dasha Burns and Jonathan Allen of NBC News — Trump expects to wrap up his party’s nomination by March 19. The aide, who spoke on the condition of anonymity to openly discuss campaign strategy, said they calculate that Trump will cross the threshold for a majority of delegates to next Summer’s Republican National Convention on that date. But if all goes according to plan for Trump, he will put the writing on the wall for his rivals long before that — perhaps as early as Super Tuesday, on March 5, or even after the first four Caucus and Primary contests in Iowa, New Hampshire, Nevada and South Carolina are concluded in late February.

“Colorado Supreme Court says Donald Trump is ineligible to run again” via Erica Orden, Kyle Cheney and Zach Montellaro of POLITICO — The Colorado Supreme Court Tuesday ruled that Trump is disqualified by the Constitution from serving as President again because he stoked an insurrection Jan. 6, 2021. The 4-3 ruling, which rests on an interpretation of the 14th Amendment, will almost certainly force the issue to the U.S. Supreme Court to resolve whether Trump, the leading candidate for the Republican nomination, is eligible to hold future public office. The Colorado court ruled that Trump cannot appear on the state’s presidential ballot next year, but the ruling will not take effect immediately to give Trump time to appeal.

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