Legislative Update - February 16, 2024

Governor ...

Gov. Ron DeSantis signaled once again he isn’t on board with one of House Speaker Paul Renner’s top priorities.

During an appearance in Cape Coral, the Governor said he wouldn’t back legislation that would ban children under 16 years old from social media. The controversial plan (HB 1) has already cleared the House with strong Republican support as well as yes votes from most House Democrats.

“I think that I’m not going to be supporting if I don’t think it’s going to be something that’s going to pass legal muster in the courts,” DeSantis said. “What I’ve said previously, these things have huge legal hurdles. They’ve been held up in courts. I don’t want to go down the road of doing something that is not going to be going to pass muster legally.”

Legislative …

Tax Package Clears House Panel, Some Pushback Over Tourist Development Tax Rule

The House Ways & Means Committee gave the green light to the House’s annual tax package (PCB WMC 24-05) on Wednesday, which aims to save businesses and consumers in Florida a total of $728.1 million over the next two fiscal years. The largest tax cut in the proposal targets the business rent tax, reducing it from 2% to 1.25% for a year, saving businesses about $339.6 million. The proposal also includes four sales tax holidays that seek to save consumers around $97.3 million, including a two-week back-to-school sales tax holiday, a 30-day “Freedom Month” sales tax holiday, a one-week “Tool Time” sales tax holiday and two separate Disaster Preparedness tax holidays. Other tax cuts include a break of up to $10,000 per company for hiring disabled workers and expanding the Strong Families Tax Credit. Although the measure passed on a 16-6 vote with Republicans in favor, numerous committee members from both sides of the aisle took issue with a provision that would limit all new tourist development taxes, or TDTs, to six years and require existing TDTs to be approved by voters by July 1, 2029. Some public comment, mainly from local government advocates, also voiced concern over the same provision. Orlando Democrat Rep. Anna Eskamani attempted to amend the proposal to allow counties to levy a tourist impact tax for local affordable housing needs. The amendment was brought by her local delegation and was met with some acceptance by panel members but it ultimately failed. The tax package is expected to be introduced on the House floor next, but some changes are expected as a final tax package will be hammered out during budget conferencing between the House and Senate over the remaining days of session. Pensacola News Journal / News Service Florida / Orlando Sentinel

Florida tax holidays won't match 2023's, but businesses might get another break

With business groups long saying the tax should be scrapped, state lawmakers could look at further reducing a tax on commercial leases. The House Ways & Means Committee on Thursday reviewed tax-cut “concepts,” including a possible reduction in the lease tax, as the House and Senate prepare in the coming weeks to negotiate a tax package. But committee Chairman Stan McClain, R-Ocala, agreed with Senate Appropriations Chairman Doug Broxson’s assessment that the final tax-cut package won’t reach a $1.3 billion total in the current fiscal year. [Source: News Service of Florida]

House panel OKs elimination of local wage, heat protection rules for contractors” via Gray Rohrer of Florida Politics — Local governments wouldn’t be able to set minimum wages for their contractors and subcontractors, and couldn’t require businesses to protect their workers from heat exposure, under a bill passed by the House State Affairs Committee. The bill (HB 433) passed on a party-line vote, with Democrats opposed. They said it takes away local control from governments, such as Miami-Dade County, which have passed minimum wage ordinances for contractors. “This bill is very let-them-eat-cake-ish,” said Rep. Ashley Gantt, a Miami Democrat. “It’s all about profits, it’s not about people.” Gantt added that it would likely affect 33,000 workers in Miami-Dade, potentially lowering their wages.

Florida’s outdoor workers want heat safety. Why it’s an uphill battle.

Florida lawmakers on both sides of the aisle have sponsored bills over the past six of seven years that would protect Floridians who work outside in the heat. The bills have stalled each time. People and groups who speak up for Florida workers say they expect the same during this legislative session. And now, a double whammy: Another bill proposed this session would ban Florida cities and counties from implementing their own heat protections. More from the Tampa Bay Times.

Florida could remove the majority of mentions of climate change from state law

A bill advancing through the Florida Legislature with the backing of the House speaker would delete the majority of references to climate change in state law. House Bill 1645 would enact wide-ranging changes to Florida’s energy policy, something Speaker Paul Renner, R-Palm Coast, has said is needed to ensure state residents’ power is reliable and affordable. In the process, the bill would delete eight times the phrase “climate change” is mentioned in current law. [Source: Tampa Bay Times]

Passidomo: Flag and Monument Bills Off the Table

Contentious bills aimed at preventing local governments from removing historical monuments (SB 1122) and restricting the types of flags flown at government buildings and schools (SB 1120) likely won't pass the Senate, President Kathleen Passidomo said Wednesday. The flag bill – which is aimed at preventing government offices from flying rainbow flags – failed to get through its final committee, which ran out of time after postponing consideration of the measure in its last scheduled meeting. "That committee's not meeting again," Passidomo said. "I'm not going to have a committee meeting for a (particular) bill." Passidomo said the measure seeking to prevent removal of monuments has a more substantive problem, rather than a procedural one. “The bill itself is benign, if you read it. It’s benign,” she said. “But it has been weaponized by both sides, and that troubles me. That’s not how we run our chamber, that’s not how we pass our legislation, at least for me. And so, at this point, I don’t see that bill coming back.” News Service Florida

Senate President Kathleen Passidomo acknowledged Wednesday that the bills that are most likely to pass in the Legislature, or at least in the Senate, may not necessarily match a recently adopted list of priorities for the Republican Party of Florida – which recently released a list heavy on cultural items like protecting people from having to call others by pronouns they choose and blocking government buildings from being able to fly rainbow flags. Neither of those measures is likely to pass in the Senate. "Our bill process is not the Republican Party of Florida,” Passidomo said. “We are the Legislature. We make the laws. We review the laws." Politico Playbook

A measure (HB 5007) that would raise salaries for future governors and members of the Cabinet is set for budget negotiations, but some Republicans on Thursday acknowledged some skepticism about the idea.  GOP Sen. Blaise Ingoglia said in its current form, he wouldn't support the pay raise when it gets to a floor vote, noting it's not as important an issue as property insurance and economic issues faced by Florida residents. The committee passed the measure unanimously setting up a conference with the House over the chambers' differing positions on the issue. Sarasota Herald-Tribune / Politico

Proposal to Cap THC in Hemp Products, Regulate Packaging - The full Senate unanimously advanced legislation aimed at further regulating the state's hemp industry ahead of a proposed constitutional amendment that could be placed on the November ballot to allow the adult use of recreational marijuana in Florida. The bill (SB 1698), carried by Lakeland Republican Sen. Colleen Burton, changes the statutory definition of "hemp" and "hemp extract," banning alternative cannabinoids that are native to the plant from the state's hemp market. The proposal also would implement new packaging restrictions to prevent products from appealing to children, including prohibiting images "displaying humans, cartoons, or animals, toys, or other features that target children." It also would limit delta-9 THC to 2MG per serving and 10MG per container in all hemp products sold in Florida, which would impose stricter limits than those debated in the 2018 Farm Bill signed into law by former President Donald Trump. The measure, which would take effect on Oct. 1, also requires the poison control hotline number to be included on the packaging of hemp products. Additionally, the proposal provides $2 million in nonrecurring funds to allow the Florida Department of Law Enforcement to acquire testing equipment. The bill now goes to the House, where a companion measure (HB 1613), sponsored by Lakewood Ranch Republican Rep. Tommy Gregory, cleared its final committee Thursday on a 15-10 vote, with Democrats and two Republican lawmakers in opposition. The proposal was amended to better align with the Senate bill, including the $2 million appropriation and the Oct. 1 effective date. It is now ready to be considered on the House floor. Critics argue the changes would impact nearly 500 growers and roughly 10,000 retail outlets in the state. Florida Phoenix

High Standards for THC Cap on Recreational Cannabis Blazes to House Floor - Legislation to regulate the adult use of recreational marijuana set forth in a proposed constitutional amendment moved forward Thursday on a 14-6 party line committee vote in the House, setting it up for consideration on the chamber's floor. The bill (HB 1269), sponsored by Reps. Ralph Massullo, R-Inverness, and Randy Fine, R-Palm Bay, proposes capping the psychoactive compound called delta-9 THC in cannabis that gives users the well-known "euphoric high," including a 30% THC level in flower and a 60% limit in concentrates. Edibles would be limited to 200mg per package with no more than 10mg of THC per serving. The proposal was amended in the House Health & Human Services Committee to limit THC to 1g per vape cartridge and to prevent the state's medical marijuana program from expiring six months after recreational cannabis becomes legal. Users who want more quantity could purchase "two or three" carts, said Massullo. Supporters argue it's a precautionary measure, citing concerns about cannabis use and mental health issues. But opponents view it as premature and worry it could drive consumers to the black market. If successful, the proposed law would take effect 30 days after the November election if the ballot initiative is codified by 60% of Florida voters. A similar Senate bill (SB 7050), filed by Lakeland Republican Sen. Colleen Burton, is waiting to be heard in its final committee stop, the Senate Fiscal Policy Committee. Florida Politics 

Business …

Florida Realtors has released research to back up its claim that eliminating the business rental tax would benefit the state.

According to the “An Economic Impact Analysis of Eliminating Florida’s Commercial Rent Tax,” eliminating the tax levied on commercial rents would grow the Sunshine State economy by $19.7 billion and create another 58,653 jobs over the next half-decade.

The 21-page report conducted by the Regional Economic Impact Consulting Group gives some of the credit to Sunshine State transplants, who are expected to offset revenue losses if the state were to abolish the business rent tax.

Florida Gas Prices on 10-day Streak of Decline

Gas prices in Florida dropped by 9 cents last week, with the state average decreasing from $3.23 per gallon to $3.14 per gallon, according to AAA. Gas prices in the state have declined for ten consecutive days, totaling a 13-cent decrease since Feb. 1. Meanwhile, crude oil and gasoline futures prices saw significant increases, with U.S. crude oil prices rising by nearly $5 per barrel – a 6% jump – and gasoline futures rose by nearly 20 cents per gallon. The increases are attributed to reduced refinery activity as refineries undergo scheduled seasonal maintenance and transition from winter to summer blend gasoline. Currently, the most expensive markets for gas in Florida include the West Palm-Boca Raton area, Naples and Fort Lauderdale, while the least expensive areas in the state are Pensacola, Panama City and the Crestview-Fort Walton Beach region. AAA Press Release

Economist says Florida has an upside down tax system - Florida has one of the nation’s most regressive tax systems with low-income families paying nearly five times as much as the wealthy, according to a report by the Institute on Taxation and Economic Policy (ITEP). A regressive tax means people who make less pay a higher percentage of their income in taxes when compared to high-income groups. [Source: WFSU]

“Florida sees its first major purge of public sector unions following passage of Republicans' anti-union law” via McKenna Schueler of Orlando Weekly — Thousands of public workers in Florida lost union representation last month, a result of anti-union legislation signed into law last year. Public records show that in January alone, at least 30 public bargaining units for city, university and non-instructional school employees were decertified by the state. Decertification means the bargaining unit is no longer recognized as valid, and any current contracts they’ve negotiated with employers — covering things such as grievance procedures and negotiated pay raises — are no longer enforceable. Florida’s Senate Bill 256, touted as a “paycheck protection” measure by DeSantis in 2023, was broadly opposed by union members, many of whom traveled to Tallahassee to speak against it last spring — and was only publicly supported by organizations that have historically sought to undermine public sector unions.

COVID …

“DeSantis praises COVID-19 grand jury report, which some scientists criticize” via Romy Ellenbogen and Christopher O'Donnell of the Tampa Bay Times — After a 14-month investigation, a statewide grand jury impaneled by DeSantis published a report blasting mask and lockdown mandates adopted during the pandemic. The panel, charged with investigating “criminal or wrongful activity in Florida relating to the development, promotion and distribution” of COVID-19 vaccines, made it clear that its work is far from finished and that it’s gathering “much more testimony and evidence.” The grand jury process has been blasted by Democrats as a political stunt while its report — released last week — has been criticized by some scientists for being one-sided.

Campaigns and Elections ...

Rep. Alina Garcia of the 115th House District announced her intention to forego seeking another term in Florida House so she can run to become the Supervisor of Elections in Miami-Dade County. Garcia's announcement means there are presently 20 House seats that will be without an incumbent legislator in the 2024 election cycle due to either term limits or members seeking other elected office.

“Florida GOP endorses Trump, elects Joe Gruters to represent state party” via Marco La Manno of WFLA — The Florida Republican Party endorsed Trump for President and elected a local Republican to represent the state party on the Republican National Committee. Sarasota State Sen. Gruters narrowly beat out another candidate to become Florida’s Republican National Committee member. Gruters is the former Chair of the Florida GOP, Sarasota GOP, and served as Co-Chair of Trump’s 2016 campaign in Florida. The Florida GOP also re-elected former Manatee County GOP Chair Kathy King as a National Committee member.

“Could Gruters ascend to chair the Republican National Committee?” via Jacob Ogles of Florida Politics — Months after Trump weighed in on a National Committee member race, Gruters’ name is being bandied about for the Republican National Committee (RNC) Chair position. News broke this week that sitting RNC Chair Ronna McDaniel may step aside so that Trump, the favorite for the Republican presidential nomination, can pick a party leader. Shortly afterward, The Washington Post reported Gruters and North Carolina Republican Party Chair Michael Whatley as potential successors. A day later, the Sarasota Herald-Tribune reported Gruters was “in the mix,” and the article was picked up in papers throughout the USA Today network. Gruters appreciated the mention but clarified that it’s ultimately up to Trump to pick his favorite.

Slow movement in state, federal court leaves uncertainty looming over Florida’s congressional map” via Jacob Ogles of Florida Politics — The Florida Supreme Court won’t hear a challenge to the state’s congressional map soon enough to impact this election cycle. But a ruling could still come down any day in a federal challenge to the map. That leaves uncertainty looming over Florida’s federal elections weeks before candidate fields should be set. But with every court delay, it appears less likely that cartography will shift before April 26, the qualification deadline for federal candidates to appear on Florida ballots. That has Democrats, who a few months ago felt confident change could be on the way, lobbing complaints. “We’re left with these maps that have people underrepresented or not represented at all and it’s not fair,” said House Democratic Leader Fentrice Driskell.