Legislative Update - February 9, 2024

Governor …

Lawmakers rebuff DeSantis' push to bring casino to famed Miami Beach hotel” via Gary Fineout of POLITICO — A legislative push to bring a long-sought casino to Miami Beach fell apart again despite DeSantis and his administration urging lawmakers to pass the bill. The Republican Governor could not sway key legislative leaders to sign off on the proposal that had drawn opposition from Miami Beach leaders as well as wealthy South Florida billionaires such as hedge fund CEO Ken Griffin. DeSantis has enjoyed tremendous clout in the GOP-controlled Legislature but some have speculated that he may have less clout now that he’s no longer a presidential candidate.

Legislative …

“Bills dead or dying as House ends most Subcommittee meetings” via Gray Rohrer of Florida Politics — It’s almost halfway through the Regular Session, but a series of notable bills are either dead or on life support. House Subcommittees — except for budget Subcommittees — will stop meeting for the Session after this week. With House rules barring bills that haven’t moved through one Committee being brought up on the floor, most of them are essentially dead. That means bills to ban nearly all abortions and to allow open carry of guns in public, which never received a hearing, are done for this year. Also, the hope for bills without a House or Senate companion that haven’t moved has likely been squelched.

Halfway Through Session Look at 2024 Proposals - As lawmakers head into the second half of the 2024 legislative session, several measures have passed in one chamber or the other, though only about a dozen bills have made it through both. Some major priority measures for leaders on both sides of the Capitol have gotten floor votes and been sent across the rotunda. House Speaker Paul Renner's top priority, a measure (HB 1) that seeks to force social media companies to ban kids under 16 from having accounts, passed in the House in late January, but the proposal is yet to get to the Senate floor. And the full Senate has passed President Kathleen Passidomo's top priority, a pair of health care bills (SB 7016, SB 7018) known as the "Live Healthy" initiative, which is intended to bolster the health care workforce and support technological innovation in care, but those bills are awaiting consideration in the House. Another priority in the Senate (SB 7000), a bill that seeks to give public school systems some more flexibility – something promised to them last year when lawmakers expanded the state's voucher system – was one of the first bills passed in the Senate this year, gaining unanimous approval on the second day of the session. It is still waiting for consideration by the full House. On the other side of the equation, there are about 700 bills that haven't been heard in any of their assigned committees at the halfway point, making it a serious uphill climb for those proposals to get a final vote before the end of the session. LobbyTools 30-Day Drill Down

House, Senate Pass Budgets, Set Up Conference to Work Out Final Spending Plan - Lawmakers at both ends of the Capitol on Thursday approved separate budget bills for the fiscal year that starts July 1, setting up a conference committee to work out the differences between the $115.9 billion Senate spending plan and the House's $115.5 billion proposal. Technically, both chambers passed the same bill (HB 5001), but the Senate amended the measure before the vote with its proposal, putting the two chambers in place to start the conference. The House passed the measure 112-2 with Orlando Democratic Rep. Bruce Antone and Rep. Angie Nixon, D-Jacksonville, the only "no" votes. Antone told House members that he'll likely eventually vote on the final budget bill, but wanted to register a "no" vote on Thursday to protest the lack of hometown project money afforded to Black members of the House. The Senate passed its version of the proposal unanimously. Among the differences the two chambers will have to work out is how to deal with a 3% cost of living adjustment in the Florida Retirement System for some state workers. The House included the increase, which was part of HB 151, but the Senate didn't. Money for building improvements in Florida's prison system is also an issue that has to be resolved with the Senate including a major renovation funding initiative that's not part of the House budget. Lawmakers also have to reach agreement on a House proposal for a pay increase for future governors. Florida Politics / Politico Pro / Florida's Voice

House Budget Plan Boosting Pay for Governor, Cabinet Clears Floor, Ready for Negotiations with Senate - The full House advanced a bill (HB 5007) Thursday that proposes a pay raise for the governor and Cabinet. Under the legislation, the governor and lieutenant governor, along with the chief financial officer, attorney general and agriculture commissioner, would have their compensation tied to justices on the Florida Supreme Court beginning in 2027. The governor's salary would be set at 100% of what those on the bench are paid, potentially resulting in a $110,014 increase. Currently, Gov. Ron DeSantis earns $141,400 per year and Supreme Court justices are paid $251,414 annually. Other Cabinet members' salaries, including the CFO, attorney general and agriculture commissioner, would be set at 95% of what justices earn. The proposal also boosts salaries for appellate court judges, setting their pay at 90% of a justice's salary, circuit court judges would receive 80%, and county judges would earn 75%. Right now, appellate judges earn $212,562 per year, equivalent to 84.5% of justices' salaries. Circuit Judges receive $191,163 annually, representing 76% of justices' yearly pay, while county judges earn $180,616 per year, constituting 71.8%. Additionally, the measure addresses salaries for legislators but doesn't change their current pay levels, which is $29,697 annually for rank-and-file members and $41,181 per year for the House speaker and Senate president. The bill would repeal a provision passed in 1985 that required legislators to receive a pay increase one year after state workers did. That law, however, has not been enforced since 2010. Several amendments by Jacksonville Democrat Rep. Angie Nixon were filed but rejected on the floor. One amendment, dubbed the "Rick Scott Only Took a Penny Salary as Governor and Therefore All Governors Should Do It Too Act," would cap the governor's annual salary at one cent. Another amendment that failed would have set the annual salary of the governor to be equal to Florida's maximum unemployment compensation benefits. Currently, Florida's unemployment system allows for a maximum of $275 of unemployment benefits per week for 12 weeks, regardless of how much the individual made while employed. No similar budget bill has been filed in the Senate, meaning the funding issue will need to be hashed out during formal budget negotiations.

“Legislature rolling back state spending in 'austere' budget plans” via John Kennedy of USA Today Network — State budget plans only a whisker apart in bottom-line spending advanced Wednesday in Florida House and Senate Committees, but still loom as slightly bigger than what was proposed just over a month ago by DeSantis. With billions of dollars in federal aid drying up, money that kept Florida and most states afloat during and after the COVID-19 pandemic, DeSantis and fellow Republican legislative leaders are intent on belt-tightening for 2024-25. The House's blueprint for state spending is $115.5 billion and the Senate’s is $115.9 billion. DeSantis rolled out a $114.4 billion recommendation in December that he promoted as $4.6 billion smaller than current year spending — marking one of the few times in recent decades that a Governor has dialed back on dollars.

County Commission Term Limits Measure Advances - The Senate Community Affairs Committee on Tuesday advanced legislation (SB 438) that would put 8-year term limits on county commissioners. Several representatives of counties told the committee that the measure would take away local voters' ability to decide whether to have term limits, and if they do, for how long. "This bill takes away the right of the voters to vote on their local government," said Bob McKee, deputy director of the Florida Association of Counties. One county commissioner told the panel the only people he's ever heard suggest his county commission needed term limits were state legislators from other counties. The measure's sponsor, Sen. Blaise Ingoglia disagreed. "At the end of the day, term limits are what our voters are asking for." The measure passed 5-3, sending it to the Rules Committee. A House companion (HB 57) is awaiting a hearing in the House State Affairs Committee.

The House Regulatory Reform & Economic Development Subcommittee advanced legislation Tuesday that would create new reasons why someone could be disqualified for state unemployment benefits. HB 1289, brought by Marianna Republican Rep. Shane Abbott, excludes Floridians from collecting unemployment benefits if there is record of them skipping at least three job interviews or if they did not accept a job offer within two days. Proponents claim it's needed for businesses, noting that Florida's unemployment rate is low. Currently, Florida's unemployment system allows for a maximum of $275 of unemployment benefits per week for 12 weeks, regardless of how much the individual made while employed. A similar Senate measure (SB 1260) is sponsored by Panama City Republican Sen. Jay Trumbull. Both bills, which have received pushback from Democrats, have two more committee stops.

Senate Panel OKs Bill to Allow Local Homeless Encampments, DeSantis Backs Idea - Local communities would be allowed to set up homeless camps or public sleeping encampments for up to a year and allow the homeless to stay in those areas rather than in other parts of the community under amended legislation (SB 1530) approved Monday by a Senate committee. The bill would prohibit local governments from allowing the homeless to "regularly engage in public camping or public sleeping" on most public land, such as parks or on public rights-of-way under the local government's jurisdiction, but seeks to provide an alternative. The bill's sponsor, Fort Myers Republican Sen. Jonathan Martin, said the measure – which changed significantly from an earlier version with an amendment approved Monday – would not only help local communities clear the homeless from public areas, such as parks or playgrounds, where they may interfere with other people enjoying the space, but could also help local officials provide help to people who are homeless. He said the homeless could benefit from being invited to stay in certain concentrated areas by making it easier for social workers to find them and offer them services. The measure also would require the camps to have restrooms and running water and require the Department of Children and Families to inspect the homeless camps for safety and other issues and report to the city or county on how people in the camp might be assisted. Gov. Ron DeSantis said Monday that he supports barring the homeless from camping in most public spaces and indicated he may support some financial support for an alternative, such as the camps envisioned in the Martin bill. Opponents of the measure, however, said a system requiring the homeless to be concentrated in encampments was impractical, failing to account for homeless people who may be staying in more practical places near a job or family, or a child's school. They also raised concerns about encouraging homeless people to stay in camps that may include other homeless people who are dangerous, such as sexual predators, for example. A bill supporter Republican Sen. Gayle Harrell noted, however, that the measure wouldn't force anyone into the camps. "This is an option," said Harrell. "It's not a requirement. It's not a round-up ... This is a tool in the toolbox." The idea also is likely to have traction in the House, where a similar bill (HB 1365) is sponsored by Rep. Sam Garrison, R-Fleming Island, in line to become speaker of the House in the future. That bill is scheduled for a hearing Wednesday in the House Judiciary Committee. The Senate measure was approved on an 8-1 vote in Monday's Senate Judiciary hearing and goes next to the Senate Rules Committee. Orlando Sentinel

Senate panel to hear social media ban championed by Speaker but questioned by DeSantis” via A.G. Gancarski of Florida Politics — The Judiciary Committee will hear Sen. Erin Grall’s bill that bans them from creating new accounts and requires platforms to terminate existing accounts held by those youth. The bill is similar to HB 1, a priority of House Speaker Paul Renner that has already been voted on and sent to the Senate. Renner’s bill was passed despite legal challenges to similar legislation in Utah and Ohio. Questions remain in the executive branch about its legality. “There have been other states that have tried to do similar things that have met resistance in the courts,” DeSantis said last month. “Not to say courts are always right about this, but anything I do, I want a pathway for this to actually stick.”

“Senate Judiciary moves ahead with social media ban for most children” via Jacob Ogles of Florida Politics — Legislation barring most children in Florida from social media advanced in the Florida Senate. But it still contains no exceptions for children logging on with parental consent, something DeSantis has questioned. Sen. Erin Grall said Big Tech’s current practices pose too great a threat against children to ignore. “If we as a government have identified this harm, that is beyond the magnitude of really any one person to get in the middle of and control,” Grall said. The Senate Judiciary Committee advanced the legislation (SB 1788) on a 7-2 vote. As written, the bill would prohibit anyone under the age of 16 from opening or keeping a social media account.

Lawmakers discuss a possible study into eliminating property taxes” via Gina Jordan of WFSU — A proposal that would start the ball rolling toward eliminating property taxes in Florida was heard this week in a House Committee. It seeks a study to determine how much money would disappear and how local governments might recoup that revenue elsewhere. “This bill (HB 1371) is about one thing. It's about starting down the road toward phasing out and eliminating Florida's property tax,” said Rep. Ryan Chamberlin. He told the House Ways and Means Committee his bill would direct the research arm of the Legislature (OPPAGA) to conduct a study about what it would take to replace property taxes, which fund local government services like schools and roads.

Supreme Court ...

Supreme Court to Hear Arguments on Abortion Rights Proposal - Justices on the Florida Supreme Court are scheduled today to hear arguments over a proposed ballot initiative that would prevent government interference with abortion "before viability." The court is reviewing whether the proposed constitutional amendment's ballot language is confined to a single subject and whether its language is clear and unambiguous to voters. If the justices OK the measure to be on the ballot in November, it would need approval from 60% of voters to become part of the constitution. Attorney General Ashley Moody, who is opposing the proposal, has argued the word "viability" on the ballot isn't clear. The case is Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion. Currently, abortions in Florida are legal up until 15 weeks of pregnancy, though courts are weighing the issue and a proposed ban on the procedure after six weeks could take effect depending on resolution of that case. Demonstrations are expected at the Supreme Court today during the arguments. Florida Phoenix / Politico Playbook / WESH

Business …

“Florida gas prices dip after 12-cent jump” via Jesse Scheckner of Florida Politics — Gas prices in Florida are dropping again after rising 12 cents last week, according to AAA — The Auto Club Group. Pump prices in the Sunshine State increased to a three-month high of $3.27 per gallon Thursday due largely to rising crude oil and gasoline futures prices. Then, as gas futures prices dipped, so did gas prices. “Futures prices reversed course last week, enabling pump prices to drop 4 cents in the past three days,” AAA spokesperson Mark Jenkins said in a statement. “Sunday’s state average was $3.23 per gallon and falling.” On Monday morning, the average price statewide was $3.22 per gallon, 7 cents higher than the national average.

COVID …

“Grand jury investigating COVID-19 vaccines releases first report” via Angie Dimichele of the Orlando Sentinel — More than a year after the Florida Supreme Court granted DeSantis’ request to impanel a statewide grand jury to investigate “criminal or wrongful activity” related to COVID-19 vaccines, the body released its first report and said its probe is “nowhere near complete.” Their 33-page report released late Friday said, “lockdowns were not a good trade” and that “we have never had sound evidence of (masks’) effectiveness against SARS-CoV-2 transmission,” among other conclusions. “In a way, this grand jury has allowed us to do something that most Americans simply do not have the time, access, or wherewithal to do: Follow the science,” the report said. Conclusions in the report on masks contradict recommendations from the U.S. Centers for Disease Control and Prevention.

Campaign and Elections …

Gruters Name Floated as RNC Candidate - Multiple media outlets have reported that among the candidates to replace Ronna McDaniel as the head of the Republican National Committee is Sen. Joe Gruters, R-Sarasota. Former President Donald Trump has reportedly floated Gruters – an early Trump supporter – as a possible successor to McDanlel, who is stepping down. Sarasota Herald-Tribune / Washington Post / CNN

“Florida researchers find voters are unhappy ahead of the presidential election” via Ari Angelo of WFSU — Researchers from the University of South Florida are releasing a series of nationwide surveys shedding light on critical election year concerns like inflation, border security and the role of social media in political discourse. The first in the series polled 1,500 registered voters and was conducted between Jan. 23-27. Three more surveys will be released between now and November. Lead researcher Stephen Neely is an associate professor at the USF School of Public Affairs. He said the goal is to track how public opinion changes as we get closer to the election.

Did collapse of local news hurt DeSantis’ 2024 campaign?” via A.G. Gancarski of Florida Politics — A recent article from the Columbia Journalism Review suggests just that, noting that even though DeSantis “barnstormed hard,” the strategy failed in part because “local news outlets have been hollowed out — leaving voters less attuned to local issues, and the stations and papers themselves with much less leverage to force candidates to answer questions important to the local audience. “ “In 2018, the Des Moines Register, Iowa’s largest newspaper, had a print circulation of 129,000. That’s roughly a quarter of what it had been a few decades earlier — and by 2022 it had plunged all the way to 40,000, according to Nieman Lab,” writes Cameron Joseph. Joseph stops well short of an endorsement of DeSantis’ strategy, noting that candidates didn’t talk about local issues beyond ethanol, though it should be said the Governor was somewhat more expansive in his comments.