Legislative Update - January 5, 2024

The Capitol is getting ready for the 2024 Regular Legislative Session scheduled to begin on Tuesday, January 9.  The session will run for 60 consecutive days and the only requirement the legislature has is to pass a balanced budget. 

The second "back-to-school" sales tax holiday started Monday, Jan. 1, 2024, and will run until Sunday, Jan. 14. The tax break covers certain clothing, shoes and accessories costing $100 or less per item, certain school supplies costing $50 or less per item, some learning aids, as well as some personal computers and related items. FL Dept. of Revenue / News Service Florida

New Year Brings New Laws - Five bills from the 2023 legislative session went into effect this week on Jan. 1, including legislation that gives Floridians the upper hand when reserving campground space at state parks. The bill (HB 109) gives state residents an extra month to book their reservation at a Florida park, offering Floridians 11 months in advance and nonresidents ten months in advance to make reservations at a state park. The reservations cover various facilities, including cabins, campsites, RV sites and equestrian sites. The proposal also aims to bypass third-party entities, such as Ticketmaster, from securing spots to resell at a higher price. Another measure (HB 1275) that took effect Monday creates uniform requirements for law enforcement agencies to maintain registries of people with disabilities, and a separate proposal (HB 1627) makes changes to bail, pretrial detention and pretrial release laws, including implementing a uniform statewide bond schedule. Also going into effect with the start of the year is a new law (HB 7061) that transfers sheriffs' responsibilities for child protective investigation services to the Department of Children and Families. In addition to the bills that went into effect on Jan. 1, portions of several measures that had mostly already gone into effect also became law. Among those was a new law (HB 121) that expanded the income eligibility threshold for programs, including Florida KidCare and Florida Healthy Kids, from 215% to 300% of the federal poverty level, or $64,500 to $90,000 for a family of four. Although that bill took effect over the summer, new beneficiaries couldn't begin enrollment until this week. A provision in a large transportation bill (HB 425) passed last spring also took effect Monday, expanding Florida's "move over" law, which requires motorists to provide space for disabled vehicles stopped along roads when people are visible or warning lights are on. Violations may result in fines of up to $158 for noncriminal traffic infractions. Mayors and municipal elected officials must also share more financial information with the Florida Commission on Ethics under a provision included in legislation (SB 774) that took effect on Jan. 1. Additionally, a measure (SB 144) requiring county courthouses to provide lactation spaces for new mothers took effect in July, but the new law specified that such spaces must be available by Jan. 1, 2024. LobbyTools Bills That Go Into Effect Jan. 1 / USA Today Network / Miami Herald / News Service Florida / WPBF 

Legislature …

With DeSantis away, Florida lawmakers set Session agenda, at least for now” via Jeffrey Schweers of the Orlando Sentinel — As DeSantis has been campaigning in Iowa, the Republican-controlled Legislature is plowing through a contentious agenda largely without him. But Republicans, Democrats and political analysts all predict that the Governor will again be a key driver of the agenda for the Legislative Session set to begin on Jan. 9 even if his presidential ambitions falter or fail. GOP leaders have already moved forward on bills that would expand the state’s health care workforce, deregulate public schools, weaken decades of child labor protections, eliminate local minimum wage laws, and prohibit government contractors from letting their workers use gender-identifying pronouns or conduct LGBTQ sensitivity training. A week after the Session starts, Iowa Republicans will vote for the Republican nominee for President.

Blaise Ingoglia calls for drug cartels to be designated as terrorist groups” via Jesse Scheckner of Florida Politics — Mexican drug cartels are guilty of engaging in myriad illicit acts, from kidnapping, human trafficking and drug smuggling to extortion, murder and routinely breaching the United States border. Sen. Ingoglia says that’s more than enough reason to designate them as terrorist organizations, a move that would unlock more foreign sanction options and ease indictments of their accomplices. Ingoglia filed a measure this week (SM 1020) calling on U.S. Secretary of State Antony Blinken to label cartels as Foreign Terrorist Organizations (FTOs). Doing so, the measure said, would enable “appropriate means (to) be initiated to mitigate and, eventually, eliminate (cartels’) operations.”

Legislation filed this week by Sarasota Republican Sen. Joe Gruters and Naples Republican Rep. Lauren Melo would require green card holders, employment authorization card holders or those who have nonimmigrant classification status to designate on their state drivers licenses that they are noncitizens. Undocumented people cannot obtain drivers licenses in the state of Florida. The identical bills (SB 1168, HB 1101) would also expand the acceptable forms of identification for voter registration to include "United States passport cards, identification cards issued by a federally recognized tribal nation or Indian tribe, and United States Merchant Mariner Credentials."

Lawmakers want to end 3-day waiting periods for rifles, shotguns” via Skyler Swisher of the Orlando Sentinel — A Southwest Florida State Senator wants to eliminate a statewide three-day waiting period to buy a rifle or a shotgun, undoing one of the changes enacted after the Parkland mass shooting. State Sen. Jonathan Martin’s bill would keep the waiting period in place for handgun purchases while ending it for other firearms. The Fort Myers Republican’s proposal (SB 1124) has alarmed gun control advocates who fear it will make it easier for unstable people to quickly access weapons, including the AR-15 rifle used in some of the nation’s deadliest mass shootings. “The last thing we need is to change state law to allow people to make impulse purchases of AR-15s,” said Carlos Guillermo Smith. “This law has saved lives. There is no reason whatsoever to repeal it.”

Visa, Mastercard are lobbying for inflated credit card fees in Florida” via Jason Garcia of Seeking Rents — The issue involves the so-called “swipe fees” that stores and restaurants pay whenever a customer buys something with a credit or debit card. The average fee, which is set by card processors like Visa and Mastercard, is around 2.24%. A restaurant owner in Tampa recently wrote that his average swipe fees range from 3% to 3.5%. (Swipe fees on debit cards are more tightly regulated by the federal government.) Visa also charges that swipe fee on the sales tax, too. So, say you make that $100 purchase in a Florida county with 7% sales tax, and charge $107 total to your Visa. The store pays $3.21 in swipe fees — allowing Visa and the banks to pocket an extra 21 cents. It’s a marginal increase. But it adds up: Stores in Florida paid an estimated $288.2 million on swipe fees charged on sales taxes during the state’s 2021-22 fiscal year.

States around the country are hearing projections of significantly lower gas tax collections as electric vehicle use increases. The move is on to find alternative revenue sources to support road building. Florida is one of at least eight states where lawmakers are pushing for new annual taxes on EVs to make up for lost gas tax revenue. Florida's legislation (SB 28, HB 107) would require EV owners to pay a new $200 annual registration fee. Pluribus

Business issues …

Gas prices will fall in 2024 and Americans will spend $32 billion less on fuel” via Matt Egan of CNN — Gas prices will fall in 2024 for the second year in a row. GasBuddy, which had a forecast for 2023 that proved to be eerily accurate, expects U.S. gas prices will average $3.38 a gallon in the key election year of 2024. That would represent a significant improvement from 2023’s average of $3.51 a gallon and an even bigger drop from 2022’s average of $3.95. Gas prices skyrocketed to record highs that year as Russia’s invasion of Ukraine set off global shock waves.

A 15.1% statewide reduction in workers' compensation insurance rates went into effect Monday with the start of the new year. The Florida Office of Insurance Regulation approved the lower rates in November based on favorable loss experience data from 2020 and 2021, and factors in changes in the medical fee schedule. The drop also accounts for a lower profit and contingency factor. The reduction applies to both new and renewed workers' compensation insurance policies in the state. Florida's workers' compensation system, a no-fault arrangement, provides benefits for workplace injuries and helps prevent workers from suing their employers. The new rate changes will vary for individual businesses.

“Early signs indicate a rebound for Florida's insurance market, but recovery could take three years” via Christina Georgacopoulos of the Tampa Bay Business Journal — Florida Office of Insurance Regulation Commissioner Michael Yaworsky inherited the seemingly impossible task of restoring order to the state’s property insurance market when he stepped into the role in February 2023. Yaworsky can reflect on his first 10 months in office with a degree of optimism that the worst of the crisis is in the rearview, although insurance executives and industry experts say the market is at the beginning of a long road to recovery.

Florida cities again dominated the list of places people are moving to most according to U-Haul, with the Palm Bay-Melbourne area having the highest number of one-way moving truck renters. The company said seven Florida markets were among the top 25 growth cities last year based on their moving truck data. U-Haul Press Release / Sarasota Herald-Tribune

“After big year for organized labor nationally, will Florida become more fertile ground for unions?” via Anthony Man of the South Florida Sun-Sentinel — Union leaders, advocates for organized labor and official statistics all agree: Florida is not a bastion of powerful labor unions, unlike northern industrial states like Illinois, Michigan and Pennsylvania where unionized workforces are far more prevalent. Still, support for labor unions in Florida is higher than some might expect, said Kevin Wagner, a political scientist at Florida Atlantic University, an assessment based on results of a poll of Florida voters that asked about unions. A majority said they support labor unions. Support is broad, cutting across many demographic groups — with one notable exception.

COVID …

Ladapo Wants Halt to mRNA COVID-19 Vaccines Due to Potential DNA Threat - Florida Surgeon General Joseph Ladapo is urging the federal government to halt the use of the mRNA COVID-19 vaccine, claiming "nucleic acid contaminants" in Pfizer and Moderna vaccines could lead to cancer and organ damage. In a letter sent to the Food and Drug Administration last month, Ladapo cited a study finding "billions of DNA fragments per dose" of the vaccine, emphasizing his concerns about host cell DNA fragments impacting human genes and potentially causing chromosomal instability that could lead to cancer. Although federal officials responded saying there was "no evidence" to support such concerns, Ladapo insists the FDA hasn't properly assessed the risks and is calling for the use of non-mRNA COVID vaccines instead. "Providers concerned about patient health risks associated with COVID-19 should prioritize patient access to non-mRNA COVID-19 vaccines and treatment. It is my hope that, in regard to COVID-19, the FDA will one day seriously consider its regulatory responsibility to protect human health, including the integrity of the human genome," wrote Ladapo in a statement on Wednesday. Ladapo, who was appointed by Gov. Ron DeSantis, has previously issued advisories against the COVID vaccine and subsequent boosters. DOH Press Release / Miami Herald / Orlando Sentinel / USA Today Network / Pensacola News Journal / Florida Politics

Elections & Campaigns …

Breaking late Tuesday — State asks high court to pass on redistricting challenge — Attorneys representing the state have asked the Florida Supreme Court not to hear a challenge to the congressional map approved by the Governor and Legislature last year. The state is asking the court to let stand a lower-court ruling that found no issue with the map. At issue is the reconfiguration of a Northeast Florida district that had been held by former U.S. Rep. Al Lawson, a Black Democrat. The district that replaced it favors Republicans. Plaintiffs argue that the new district diminishes Black voters in violation of the state’s Fair Districts Amendment. In a previously filed brief, they asked the state Supreme Court to rule on the matter “no later than March” so potential changes could be implemented in time for the 2024 Elections.

Vote Sought on Campaign Matching Funds - Florida voters would be asked to do away with a matching-funds program that has dished out more than $33 million since 2010 to statewide political candidates, under a proposal filed Thursday for the 2024 legislative session. The measure (SJR 1114), filed by Sen. Travis Hutson, R-St. Augustine, would place on the November 2024 ballot a proposed constitutional amendment to eliminate the matching-funds program. Under the program, statewide candidates can receive matches for individual contributions of $250 or less. Long disparaged by critics as welfare for politicians, the program was approved by voters in 1998 in a constitutional amendment put forward by the Constitution Revision Commission. The program was intended to reduce the influence of big-money contributors by helping underfunded candidates compete in costly statewide elections. Lawmakers placed a repeal proposal on the 2010 ballot, but the measure failed when it gained 52.5 percent of the vote, short of the required 60 percent for approval. Lawmakers have made subsequent attempts to repeal the program, but the proposals have not made it through the Legislature. In 2022, the program provided just over $13 million to seven candidates. Gov. Ron DeSantis received $7.3 million in matching funds for his re-election effort. Democrat Charlie Crist picked up $3.89 million in his unsuccessful challenge to DeSantis. Candidates drew $9.85 million in matching funds in 2018, $4.3 million in 2014 and $6.06 million in 2010. Matching funds are not available for contributions to political committees or outside of statewide races. The 2024 legislative session will start Jan. 9.

Abortion Rights Backers Closing in On Signature Requirement for Ballot Question - Groups seeking a constitutional amendment protecting abortion are on track to have enough certified signatures by a Feb. 1 deadline to get a measure on the 2024 ballot that would ask Floridians to change the state constitution to protect a right to abortion. Politico 

Morgan Teases Gov's Race Idea - Orlando attorney John Morgan, possibly the best-known lawyer in Florida in part because of ubiquitous advertising for his firm being "for the people," suggested Thursday that he may consider a run for governor as an independent. Florida Politics / Morgan Post on X

"‘The grassroots have left DeSantis’: Donald Trump crushes Florida Governor in Miami-Dade GOP straw poll” via Kimberly Leonard of POLITICO

A Trump-supporting political action committee has put billboards up in Tallahassee blaming Gov. Ron DeSantis for high home insurance costs. Politico Playbook

Broward Activist Sues to Keep Trump Off Florida Primary Ballot - A Broward activist described by some as a political "gadfly" is asking a judge to keep former President Donald Trump off the Florida presidential primary ballot. Chaz Stevens, who has pushed to erect "festivus poles" at state capitols around the country and requested that school districts ban the Bible, filed a lawsuit seeking to keep Trump off the ballot in the state based on the former president's role in allegedly encouraging the violent takeover attempt at the U.S. Capitol on Jan. 6, 2021. Trump has, at least for now, been barred from appearing on the 2024 presidential primary ballot in Colorado and Maine, with both states citing the U.S. Constitution's 14th Amendment provision that makes people who "engaged in insurrection or rebellion" ineligible to hold office, a ban put in place after the Civil War. Both decisions are on appeal. Similar challenges to Trump's eligibility have been filed in at least 14 other states. Sun Sentinel / Miami Herald / Florida Politics

Police are investigating embattled Florida Republican Party Chairman Christian Ziegler for possible violation of the state's video voyeurism law according to a search warrant affidavit. Sarasota Herald Tribune / Orlando Sentinel / Florida Center for Government Accountability

Health Care Related Articles

“DeSantis administration quietly alters Medicaid policies to comply with federal law” via Christine Jordan Sexton of Florida Politics — The DeSantis administration quietly announced last week its plans to comply with new Medicaid policies to extend health care coverage to poor and low-income children and to ensure federally approved vaccines are covered. State Medicaid officials announced on Dec. 26 that they were sending the amendments to the Centers for Medicare & Medicaid Services (CMS) for approval. One amendment ensures that effective Jan. 1, children under 19 years old who qualify for Medicaid will have coverage for 12 months without having to take steps to requalify for the safety net program. Before the change, Florida policy was to provide 12 months of Medicaid eligibility for children under 5 years old. Eligibility for older children (5 through 19) has been limited to six months.

New law aims to help law enforcement better serve individuals with disabilities” via Ryan Nicol of Florida Politics — The law will help law enforcement create databases of individuals within their community suffering from disabilities. Those databases can be used to help law enforcement navigate interactions with those individuals or notify law enforcement if someone is missing. Lawmakers approved the “Protect Our Loved Ones Act” (HB 1275) during the 2023 Session. “These registries will provide some peace of mind for caregivers and an extra level of protection for those impacted by Alzheimer's and other dementia,” said Alex Anderson, vice president of public policy at the Alzheimer's Association Florida chapters.