Legislative Update - January 12, 2024

Legislature …

Lawmakers Begin 2024 Session, DeSantis to Deliver State of State as Presidential Campaign Continues - Lawmakers return to the Capitol today to begin the 2024 legislative session. Both chambers will be in session (see Coming Up section below). Gov. DeSantis will deliver his State of the State address at 11 a.m. EST and is expected to call attention to the state's financial position and tax cuts he has signed in recent years as well as new ones he is proposing. He also is expected to tout his budget recommendations for the coming year. The opening of the session comes as bad weather has otherwise marred the day in Tallahassee. Government buildings aside from the Capitol are closed because of expected high winds. LobbyTools Calendar / WQCS / Fox13 Tampa Bay / Politico Playbook

“DeSantis'State of the State address might be as much for Iowa voters as it is for Floridians” via The Associated Press — The speech kicking off Florida's annual Legislative Session comes exactly a week before Iowa's first-in-the-nation Presidential Caucuses, and DeSantis has been spending much more time in the Hawkeye State than the Sunshine State in recent weeks. Unlike past years, when DeSantis would spend months forecasting his priorities ahead of the Session, this year he has largely been silent as he woos Iowa and New Hampshire voters. Many of his staff who helped him prepare for the 2023 State of the State address are now in Iowa. “A lot of his team is now on the campaign trail, so you're managing with a skeleton crew,” former Republican Sen. Jeff Brandes said.

Here are 10 bills to watch during Florida’s 2024 legislative session, including measures dealing with issues related to health care, guns, kratom, insurance, child labor and more, the Tampa Bay Times reports.

What to watch during the legislative session. WFLA

Lawmakers Open '24 Session - Legislative leaders promised Tuesday to crack down on internet pornography, help Florida residents "live healthy" by expanding the health care workforce and to resist antisemitism as they opened the new legislative session. Senate President Kathleen Passidomo touted her plan to bolster Florida's health care workforce and improve health care delivery in her opening day remarks. But House Speaker Paul Renner also warned about possible future belt-tightening to pay for health initiatives as years of flush budgets may be leveling off. "We can fund new initiatives to improve health care, including mental health, but only if we restrain spending elsewhere," Renner said in his opening speech. "This means we must eliminate what remains of corporate welfare, avoid taking on new debt, and lower discretionary spending across the board. We must also build a budget that can withstand economic downturn tomorrow while protecting essential services." Renner also emphasized an effort to protect children from some of the dangers of being online, an issue that will be among his top priorities. "Children have always faced mean girls and boys, but social media has changed the game and causes unprecedented damage to children's mental health," Renner said. "Where pornography is concerned, the rules for adults cannot be the same for children. We cannot stand by and allow children to access hardcore pornography, and we plan to do something about it. Call it a culture war if you want, but it is another battle to defend common sense against those who want to obliterate the distinction between adulthood and childhood." Legislators opened the session amid a dangerous line of storms that had caused other government buildings besides the Capitol to close – and kept school kids home in many areas, including Tallahassee. Florida Politics / USA Today Network / WFSU

On the opening day of the 2024 regular legislative session, Senate President Kathleen Passidomo said health care will be a priority, focusing on a new initiative called "Live Healthy" that aims to expand access to care among Florida's growing population. The legislation (SB 7016, SB 7018) allocates more than $800 million in state funds to address the shortage of health care providers while reducing regulations, promoting health care pricing transparency and supporting technology and innovation in the field. Passidomo, however, emphasized that she is against expanding Medicaid under the Affordable Care Act. "Insurance, even Medicaid, does not guarantee access," said Passidomo. "I want to be clear: I am not going to spend the next 60 days re-litigating Medicaid expansion," she added. Florida is one of ten states that has declined to accept federal money to expand the safety net program. Florida Phoenix / Florida Politics / Florida Channel (Video)

Florida lawmakers return to Tallahassee with lighter agenda - With lawmakers set to reconvene in the Florida Capitol on Tuesday, and DeSantis’ fading presidential ambitions hinging on contests playing out this month more than 1,000 miles away, the two-term governor is returning to Tallahassee this week to what could be his most tamped-down legislative session yet. While things could change quickly, more than a dozen lawmakers and consultants say they’re expecting a less explosive session than in recent years More from the Tampa Bay Times and the Miami Herald.

Full House to Take Up First Two Bills of Session - The House will be in session today not only to start the 2024 regular legislative session, but also to consider two concurrent resolution bills that call for constitutional conventions on federal term limits and a balanced budget. The first bill (HB 703) urges Congress to amend the U.S. Constitution to require the federal budget to be balanced. Florida and 41 other states are currently constitutionally required to pass a balanced budget, but the federal government is not. The second bill (HB 693) encourages Congress to amend the U.S. Constitution to set term limits for elected members of the U.S. House of Representatives and the U.S. Senate. Term limits at the federal level are restricted to the executive branch and some agencies. Alabama, Missouri and Wisconsin have passed similar state resolutions calling for congressional term limits. Concurrent resolutions are not subject to the governor's veto powers. They also don't have any true force of law – simply serving as a way for the Legislature to officially send a message or urge action by Congress or another entity. LobbyTools Calendar

Senate Passes Scaled-Back Ed De-Reg Plan, Drops Parent Override on Elementary Retention - The Senate on Wednesday unanimously passed a package of three bills intended to ease what supporters say are "onerous" regulations that put public school districts at a disadvantage now that private school vouchers are universally available, moving quickly in the first week of the legislative session on the priority legislation to set up negotiations with the House, which is considering a less expansive proposal. Senate leaders promised last year when lawmakers expanded the voucher system that they'd work this year to erase some of the regulatory barriers public school officials say they face when trying to improve schools. Senators on the floor on Wednesday adopted an amended version of the bill, dropping what had been a controversial provision that gave parents the ability to over-ride school retention of third graders for low reading performance. The plan to allow the parental over-ride had been criticized by former Gov. Jeb Bush, who pushed for higher education standards when he was governor. The measure still eases the effect of high stakes testing - making a 10th grade language arts exam count less in determining whether a student can ultimately graduate from high school. The bills also seek to remove hindrances to how districts can improve pay for teachers and otherwise address severe teacher shortages. The measures (SB 7000, SB 7002, SB 7004) drew bipartisan praise on the floor as several lawmakers said the measures would help school districts be able to do what they need to improve student achievement and recruit and retain teachers. Meanwhile, the House Education Quality Subcommittee approved that chamber's version of the legislation (PCB EQS 1) which is significantly narrower than the Senate bills. Senate Press Release / Tampa Bay Times / USA Today Network / Politico / Florida Politics / News Service Florida

House Changes Teen Work Bill to Prevent Younger Teens from Working Overnight Shifts - A House panel on Wednesday advanced a measure (HB 49) that would allow 16-and 17-year-olds to work longer hours and more often, but made a concession to critics of the proposal by removing a provision that would have allowed them to be required to work overnight shifts before heading to school in the morning. The amended bill was approved by the Local Administration, Federal Affairs & Special Districts Subcommittee on a 12-5 vote and now goes to the House Commerce Committee. Republican bill sponsor Rep. Linda Chaney filed the amendment to clarify that new work laws wouldn't permit kids to work after 11 p.m. or before 6 a.m. on nights before school is in session. Backers of the bill in the hotel and restaurant industry said the measure was never intended to allow for overnight work on school nights, a part of the bill that had drawn heavy criticism. The measure still removes restrictions on the number of hours that 16- and 17-year-olds can work, allowing them to work the same number of hours per week as anyone else. Chaney noted that nearly 40% of younger teens work - but that's far less than the percentage that held jobs a century ago. "HB 49 simply provides opportunity and choice for our teens," Chaney said. "They want to work, but these restrictions discourage employers from hiring them. This bill gets government out of their way." Florida Politics / News Service Florida / Florida Phoenix

Senate in Session, Consider 'Live Healthy,' Veterans' Spouses in Committee - The Senate will be in session today to consider four bills, including three resolutions and one memorial bill. Several Senate committees are also scheduled to meet to take up legislation, including the Senate Fiscal Policy Committee, which plans to consider two wide-ranging health care bills (SB 7016, SB 7018) collectively known as the "Live Healthy" initiative. The Senate Appropriations Committee on Health and Human Services is poised to take up a proposal (SB 174) that would expand eligibility for residency in Florida's veterans nursing homes to include the spouse, surviving spouse or the parent of someone who died while serving. The Senate Appropriations Committee on Criminal and Civil Justice is also expected to meet to hold a panel discussion on mental health issues in the criminal justice system. Additionally, the Senate Appropriations Committee on Health and Human Services is slated to take up three bills, including legislation (SB 214) that would expand the types of reports that the Department of Children and Families must refer to child protection teams. LobbyTools Calendar

Proposals Calling for Constitutional Convention on Federal Term Limits, Budget Clear House Floor - The full House passed two concurrent resolutions on the first day of the 2024 regular legislative session advocating for constitutional conventions on federal term limits and a balanced budget. The first bill (HB 703), sponsored by Merritt Island Republican Rep. Tyler Sirois, calls on Congress to amend the U.S. Constitution to require the federal budget to be balanced. Florida and 41 other states are currently constitutionally required to pass a balanced budget, but the federal government is not. The second bill (HB 693), filed by Doral Republican state Rep. David Borrero, encourages Congress to amend the U.S. Constitution to set term limits for elected members of the U.S. House of Representatives and the U.S. Senate. Term limits at the federal level are restricted to the executive branch and some agencies. Alabama, Missouri and Wisconsin have passed similar state resolutions calling for congressional term limits. The U.S. Constitution can be amended in two ways, the first by Congress and the second by two-thirds of state Legislatures via constitutional convention. Sirois' measure passed on a 80-33 vote, with Democrats in opposition due to concerns that a constitutional convention could become a threat to the federal document itself. Borrero's proposal also passed on an 80-33 vote, with those in opposition citing similar reasoning. Amending the constitution via a convention is essentially unprecedented. In 1787, delegates from all the states except Rhode Island met in Philadelphia, where it was decided to scrap the Articles of Confederation and write a new constitution, which is still being used today. The constitutional convention method has never been attempted since. Sponsors of the two new bills argued that a complete rework of the federal constitution is unlikely in the modern day and highlighted that they included language in their legislation clarifying that the convention would exclusively be for the purpose outlined in their bills and would be considered void if Congress attempts to count the application toward any other purpose. Democrats attempted to amend both resolutions on the House floor but the amendments failed. The concurrent resolutions, which are not subject to the governor's veto power, now head to the Senate. Florida Politics

Public utilities would be allowed to recover reasonably incurred costs for renewable natural gas infrastructure projects through a cost-recovery mechanism administered by the Florida Public Service Commission under legislation that unanimously cleared the Senate Regulated Industries Committee on Tuesday. The bill (SB 480), sponsored by Indian Rocks Beach Republican Sen. Nick DiCeglie, would also provide additional incentives to encourage the use of renewable natural gas. It has two more committee stops. A similar measure in the House (HB 683) was filed by New Port Richey Republican Rep. Brad Yeager and is awaiting a hearing in its first of three committee assignments.

"Here are the environmental bills to watch as Florida’s Legislative Session starts” via Max Chesnes, Michaela Mulligan and Jack Prator of the Tampa Bay Times

Gun rights supporters are calling on lawmakers to pass a newly-filed measure (HB 1619) that would allow people to carry guns openly in public - without requiring them to be concealed as is the case under current law.  The bill, filed Tuesday by Republican Rep. Mike Beltran, making it legal to openly carry any legal firearm would also add a requirement that people who do carry a gun and don't have a state license to carry it must instead have "valid identification" at all times when they're in possession of a gun. The bill doesn't have a Senate companion yet and is awaiting assignment to House committees. National Association for Gun Rights Release 

“Florida GOP lawmaker wants to end universal mail-in voting” via Steven Lemongello of the Orlando Sentinel — A bill filed Friday night by former GOP Chair Blaise Ingoglia in the Senate would eliminate universal voting by mail in Florida, potentially wiping out a method used by millions and embraced by both parties until Trump's false charges of fraud emerged in 2020. Reaction from a Republican Elections Supervisor was swift. “I'm sick and tired of this crap,” said Alan Hays, who runs Lake County elections. “I am embarrassed, as a former state Senator myself, that a current Senator would offer such a nonsensical idea,” Hays added. “The Senate is supposed to be a body of leaders, not destroyers. And I see nothing good that I can say about this bill at all. … Shame on him.”

Passidomo, Renner Against Bill Ending Mail-In Voting - Senate President Kathleen Passidomo and House Speaker Paul Renner both said they won't back legislation that would eliminate universal voting by mail in Florida. "I have a large number of elderly constituents," said Passidomo, speaking to reporters following the first day of the regular legislative session. "My parents, who unfortunately recently passed away – they voted by mail. They were dyed-in-the-wool Republicans. They were not able to get in a car and drive to the polling place." Renner echoed Passidomo's lack of interest in changing the popular way of voting, while acknowledging it could be manipulated by people who fill out others' ballots. But Renner said legislators should always make voting easy. The proposal to eliminate no-excuse mail ballots (SB 1752) was filed by Spring Hill Republican Sen. Blaise Ingoglia. Under the measure, voting by mail would only be made available to people who are out of the county on Election Day, or who say they can't vote because of illness, physical disability or are in a VA hospital, or are a caretaker of someone who is sick or disabled. People in jail who haven't been convicted of a crime and are therefore still qualified to vote could also still vote by mail under the legislation. Passidomo, citing the preferences of elderly constituents and concerns about limiting mail-in voting, suggests that support for such stringent measures may be lacking in the Senate. "I think most members feel the vote-by-mail process is safe and secure," she added. Florida Politics/ Florida Channel (Video)

“Dan Daley, Joe Casello bill would set standard for in-vehicle gun storage” via Jesse Scheckner of Florida Politics — South Florida lawmakers are pushing legislation to ensure that if a Floridian keeps a gun in their car while away from the vehicle, it must be out of sight and securely stored. It's a minimum standard not currently in state statutes. Reps. Daley and Casello aim to change that. “According to crime data from the FBI, a gun is stolen from a vehicle every 15 minutes,” Daley said. “Gun owners who do not safely secure and store their firearms are simply more likely to have a firearm stolen.” Casello said the measure (HB 1087) represents “a practical step” toward personal responsibility. “It's about ensuring that firearms are securely stored in vehicles,” he said, “balancing personal rights with community safety.”

Bill defining antisemitism in Florida Statutes heads to House floor — with 1 'no' vote” via Jesse Scheckner of Florida Politics — Legislation giving Florida a widely applying definition for antisemitism is headed to the House floor after clearing its final Committee stop, where a Democratic lawmaker complained the definition is both too broad and too narrow. The House Judiciary Committee voted 19-1 for a measure (HB 187) that would codify in Florida Statutes a sweeping definition of antisemitism. If passed, the bill would define antisemitism as “a certain perception of Jews, which may be expressed as hatred toward Jews” and rhetorical and manifestations “directed toward Jewish or non-Jewish individuals, their property, community institutions and religious facilities.”

“Legislature'sreport on Florida insurance lawsuits is mixed” via Lawrence Mower of the Tampa Bay Times — For years, insurance companies and state lawmakers have blamed lawsuits for driving Floridians' homeowner's insurance premiums to the highest in the nation. A new long-awaited study commissioned by the Legislature supports that — somewhat. An analysis of 58,395 insurance claims that led to lawsuits in 2022 found that a disproportionate number were filed in Miami-Dade, Broward and Palm Beach counties, an indication of potentially fraudulent or abusive practices there. And those litigated claims were more than six times more expensive than claims that did not lead to a lawsuit, which could contribute to higher premiums.

EV Tax Among Transportation Issues Before Lawmakers - The shift toward more people driving electric vehicles – and how to account for the accompanying drop in gasoline tax revenue – is among the transportation-related issues the Legislature will consider during the two month session that started Tuesday. LobbyTools Transportation Session Preview 

Governor …

DeSantis to Florida lawmakers: ‘Stay the course’ - With his presidential campaign in the background, Gov. Ron DeSantis used his annual State of the State address Tuesday to tout Florida’s accomplishments — while offering few new details of priorities for the 2024 legislative session. DeSantis’ speech in the state House chamber formally launched the 60-day session and came six days before the crucial Iowa caucuses in the fight for the Republican presidential nomination. More from the News Service of Florida and the Tampa Bay Times.

DeSantis Touts 'What Works' in State of State - Gov. Ron DeSantis used his State of the State speech Tuesday to argue that his leadership of Florida has left the state in a better place than other states run by Democrats in an address that dovetailed with his presidential campaign themes. "Let's keep doing what works," the governor said. DeSantis, as he often has since becoming governor and in his run for the presidency, tried to draw a distinction between Florida and states run by elected Democrats. "Cities throughout the land have decayed," DeSantis said, arguing that crime and economic issues are driving people to flee places like San Francisco, Chicago and New York to move to Florida. "We ... continue to witness a great migration of Americans away from cities and states pursuing these failed policies with Florida serving as a refuge for freedom and sanity," DeSantis said. "When he opened up his remarks, I was wondering ‘When is he ever going to talk about Florida?'" House Democratic Leader Fentrice Driskell said. "Chicago, California, New York, D.C. – everywhere but Florida." The governor made only one new proposal – calling for making it easier for out-of-state Jewish students to transfer to Florida universities, part of a Republican assertion that Florida will resist what some have alleged is a college campus climate that allows antisemitic rhetoric in the form of pro-Palestinian protests on campuses. Hours later, Florida's university system chancellor issued an emergency order waiving fees and deadlines for potential students. The governor delivered his speech, which traditionally opens the two-month legislative session, as North Florida was battered by a storm that brought high winds and heavy rain to the region. State office buildings in Tallahassee were closed because of the weather, but DeSantis' speech proceeded as scheduled. Tampa Bay Times / Orlando Sentinel / Associated Press / Politico / Axios

DeSantis Declares State of Emergency After Storms - Gov. Ron DeSantis on Tuesday declared a state of emergency in 49 Florida counties after a line of strong storms pushed through the state, bringing tornadoes and damaging straight-line winds and heavy rains. Politico / Panama City News Herald / Executive Order

Local Government …

Dozens of local elected officials in Central Florida and across the state are resigning from leadership posts because of a new law that requires them to report more details of their finances, including any assets worth at least $1,000, the Orlando Sentinel writes

Business issues …

Florida gas prices climb 8 cents after New Year's” via Jesse Scheckner of Florida Politics — Motorists in the Sunshine State are paying more for gas after New Year's Day than before it. The average price for a gallon of unleaded gas increased 8 cents in Florida in the past week. As of Monday, the price per gallon was $3.16 — which is still 14 cents cheaper than what drivers and motorcyclists paid a year ago. AAA representative Mark Jenkins blamed the hike on rising oil prices, which may not decline while tensions in the Middle East persist. “Gasoline supplies are strong right now, due to strong refinery activity and seasonally low demand. That would normally help keep gas prices low, but oil prices remain propped up by concerns over the possibility of widening conflict in the Middle East,” he said in a statement.

Citizens Insurance for all? Florida lawmaker says yes but insurance insiders say idea is too risky - What if state-owned Citizens Property Insurance Corp. became the go-to provider of windstorm coverage for all personal and commercial property owners in Florida who want it? If enacted, Citizens would no longer offer comprehensive coverage to Florida homeowners who cannot find affordable coverage in the private market, but instead would potentially free the private market to sell “bread and butter” comprehensive coverage. [Source: South Florida Sun-Sentinel]

Legislature’s report on Florida insurance lawsuits is mixed - For years, insurance companies and state lawmakers have blamed lawsuits for driving Floridians’ homeowners insurance premiums to the highest in the nation. A new long-awaited study commissioned by the Legislature supports that — somewhat. But the report does not match the rhetoric from Gov. Ron DeSantis and insurance companies that frivolous or abusive lawsuits were causing record losses and soaring premiums. More from the Tampa Bay Timesand the Miami Herald.

Florida drivers pay the most in U.S. for car insurance - Floridians are paying an average of $3,941 per year for a full coverage auto insurance policy, the highest average rate in the U.S., according to new data from the Insurance Information Institute. The industry association, which exists to improve public understanding of insurance, states Florida’s average rate is 55% higher than the national average of just more than $2,500 per year. [Source: Gulfshore Business]

Florida ranks among top 10 states for remote workers - In the rapidly evolving landscape of remote work and digital nomadism, Florida stands out as the tenth best US state to be a digital nomad, according to a comprehensive index that considers various factors affecting the lifestyle of those working and traveling on the go. The Digital Nomad Index Score, developed by global accommodation experts at Bluepillow, reveals the top ten optimal destinations for those seeking a balance between work, lifestyle, and opportunity. [Source: Florida Today]

Florida jobless claims tick up - Florida saw a slight jump in first-time unemployment claims coming out of the holiday period. The U.S. Department of Labor on Thursday estimated 5,833 initial unemployment claims were filed last week in Florida, up from a revised count of 4,081 during the week that ended Dec. 30. The state has averaged 5,279 claims over the past four weeks and 5,775 since the start of 2023. More from the News Service of Florida.

Campaigns & elections …

“Florida GOP elects Evan Power as new state Chair” via Jacob Ogles of Florida Politics — Power said he wanted to pull the party back together after a headline-grabbing scandal essentially paralyzed the party. “I think we're ready to move forward. It's good to have this chapter behind us,” Power told reporters after the meeting. “You know, the Republican Party of Florida is bigger than one person.” Power beat out National Committee member Peter Feaman for the role in a 135-65 vote. Indian River Republican Chair John Vacchiano also ran for the post. All three candidates could be spotted lobbying voters during check-in at the Tallahassee Conference Center well before a vote to remove Ziegler formally. “The No. 1 job of the Party Chairman is to fundraise,” he said. “You can't do anything in the party without voting.”

Mystery texts target Democrat Tom Keen in Special House Election” via Steven Lemongello of the Orlando Sentinel — A mystery group claiming to be progressive but seemingly chaired by a registered Republican has inserted itself into the Special Election next week for House District 35, a Central Florida seat that could be a bellwether for Democrats' chances of gains in November. Sent last week, a series of texts complete with unflattering images claimed that Democratic candidate Keen is a “fake progressive.” The Keen campaign compared it to the 2020 “ghost candidate” scandals in Florida, which involved three independent candidates who ran for competitive state Senate seats. They did not campaign but were promoted by a deluge of ads coordinated by GOP operatives, apparently in an attempt to siphon votes away from the Democrats in each race.

Kevin Marino Cabrera launches bid for Florida GOP Vice Chair” via Jesse Scheckner of Florida Politics — Miami-Dade County Commissioner Cabrera is running for Vice Chair of the Republican Party of Florida (RPOF). “I am thrilled to announce my candidacy for Vice Chairman of the RPOF,” Cabrera said in a statement. “I am at the forefront of a generational transformation of Florida's most populous county into a beacon of freedom. … To keep this momentum growing, we must continue expanding our voter registration margins, increase our presence on the ground, and never (waver) from the grassroots support that has propelled Florida to the forefront of the America-First Movement.”

DeSantis warned in an interview on “Face the Nation” that if the 2024 race is about Trump and his legal issues, it’s going to be a “really nasty election,” and that it doesn’t put Republicans “in a good position to win,” CBS News reports.