Legislative Update - March 1, 2024

With one week to go, the House and Senate are debating bills and finalizing the budget.  To end by March 8, the budget must be on the legislators’ desk by Tuesday, March 5.  By state constitution, there is a 72 hour “cooling off” period before a final vote on the budget can be taken.

Governor …

DeSantis Has Until March 1 to Decide on Kids' Social Media Restrictions - Lawmakers sent to Gov. Ron DeSantis a measure (HB 1) passed late last week that prohibits kids under 16 from having accounts on some social media platforms, setting a clock on the governor's decision on whether to approve the first-in-the-nation ban or veto it over concerns he has expressed about parents not getting a say in the issue. The governor's office said Friday that DeSantis had received the bill, which passed in both chambers a day earlier. The governor has until March 1 to act on the bill. DeSantis earlier this year raised questions about whether the bill would stand up to court scrutiny, but as recently as this past Thursday he talked about his desire to have parents have more of a say in whether their kids have access to social media than the bill would allow. "Parents need to have a role in this," DeSantis. "I do think parents are concerned about social media and what goes on there, and I do think they think it's a problem. But I also think that for people that are in high school, it's not as simple." The governor said he would be considering the issue over the weekend. The measure would prohibit social media platforms from allowing kids under 16 to have accounts if the platforms have certain addictive features spelled out in the legislation. The Legislature also sent DeSantis an accompanying bill (HB 1377) that would provide an exemption from public records release requirements information related to Department of Legal Affairs investigations related violations of the social media restrictions. LobbyTools Governor's Activity / USA Today Network / News Service Florida / Politico

Legislature Working on How to Fix Social Media Measure in Response to DeSantis Objections - Lawmakers are preparing for the possibility that Gov. Ron DeSantis will veto legislation (HB 1) that would prevent kids under 16 from having accounts on certain social media sites, and are discussing options with the governor for addressing his concerns, including the idea of passing new legislation on the issue quickly before the end of the legislative session next week. The Legislature could quickly put some of the language from the measure – which was a priority this year for Republican House Speaker Paul Renner – in another bill, but with changes to make it more palatable to the governor, who has expressed concerns about giving parents some say in whether kids can use social media. Senate President Kathleen Passidomo said lawmakers have been discussing that possibility and that "they are in a really good spot," to be able to do that should DeSantis reject the bill as it was passed. Existing legislation (HB 3) dealing with online access to material harmful to minors could be used for the new language – the measure has already passed the House and is awaiting Senate consideration, where it could be amended. DeSantis must act on the legislation by today. The Legislature is scheduled to end its session March 8.  USA Today Network / Politico Pro / Florida Politics / News Service Florida

DeSantis Signs Epstein Grand Jury Bill - Gov. Ron DeSantis on Thursday signed into law a measure (HB 117)that will allow the unsealing of long-secret evidence and testimony presented to a 2006 Palm Beach grand jury in the case of Jeffrey Epstein, the convicted sex offender and financier who killed himself in jail. The new law is aimed at allowing examination of what went wrong in the case - and how Espstein was able to strike a deal with state and later, federal prosecutors. DeSantis said the Florida case was a "black eye" on the nation's criminal justice system. Palm Beach Post / Miami Herald / Sun Sentinel / Florida's Voice / The Hill / Fox News 

Gov. Ron DeSantis said he is undecided about whether to sign a measure (HB 317) that would allow police to ticket drivers for lingering in the left lane instead of passing cars and getting back over to the right. The measure passed this past week in the Senate readying it for the governor's consideration. DeSantis said he wants to talk to law enforcement about the practical applications of the change. CBS Miami

Gov. Ron DeSantis on Friday deployed additional National Guardsmen and Florida Highway Patrol troopers to Texas to support efforts in securing the southern border. The latest deployment includes 50 National Guardsmen from Pensacola, accompanied by 76 Highway Patrol troopers. Since 2021, Florida has contributed over 2,400 law enforcement officers to aid Texas in border security, along with more than 600 assets such as boats, command buses, and ATVs, according to the governor. DeSantis Press Release / The Hill / Fox News 

Legislative …

Leaders Release Allocations, Conferencing Starts on $115 Budget - House and Senate leaders agreed Monday on budget spending totals, issuing a memo laying out final amounts to be used for each part of the budget, formally starting conferencing to work out the spending plan for the coming fiscal year. The agreement encompasses over $48 billion in general revenue spending, including $15.68 billion for PreK-12 education, $6.37 billion for higher education, $16.05 billion for the health care silo, $6.19 billion for criminal justice, $744 million for tourism, transportation and economic development, $1.37 billion for agriculture and natural resources, $663 million for general government and $942 million for administered funds and statewide issues. The overall budget for fiscal year 2024-25, which is set to take effect July 1, is expected to reach around $115 billion, inclusive of trust fund money and federal funding. Budget conference meetings began Monday evening. House Speaker Paul Renner, R-Palm Coast, has stressed the importance of a streamlined budget due to dwindling COVID-19 stimulus funds and slowing revenue growth, while Senate President Kathleen Passidomo, R-Naples, has advocated for health care workforce expansion through priority legislation known as the "Live Healthy" initiative (SB 7016) that has already passed both chambers but separate from the main budget bill (HB 5001). During negotiations, each budget subcommittee will resolve differences within their respective sectors, with unresolved issues brought to the full appropriations committees later this week. A final budget agreement must be reached by March 5 to adhere to the constitutionally mandated 72-hour period for public review if the Legislature is to end its session on time on March 8. LobbyTools Conference Offers / Florida Politics / Politico

Legislators Close in On Spending Plan Agreement - Lawmakers are inching closer to a finished state spending plan for fiscal year 2024-25. House and Senate members on the various appropriations committees stepped back from negotiating tables on Thursday and bumped up the remaining issues to budget chairs. Legislators, though, made progress on all areas of the budget this week with budget conference committees meeting numerous times throughout the week. A final budget agreement must be reached by March 5 to adhere to the constitutionally mandated 72-hour "cooling off" period if the Legislature is to end its session on time on March 8. LobbyTools Budget Materials / LobbyTools Budget Conference Offers

House Readies Tax Package for a Vote, Differences with Senate Remain - The House teed up its annual tax package for a potential vote that could come on Friday after introducing it on the floor Thursday. The measure (HB 7073) would give homeowners a one-year lull on state taxes and assessments charged on insurance policies enacted or renewed after Oct 1, a provision supported by Gov. Ron DeSantis. It would decrease premium taxes by 1.75% on homesteaded properties by requiring insurers to pass on those savings to consumers to get the credit on their tax liability. The proposal would also decrease the business rent tax, saving businesses about $339.6 million. It also provides for 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. The package would also offer other tax cuts, such as a break of up to $10,000 per company for hiring disabled workers and an expansion of the Strong Families Tax Credit from $20 million to $40 million, which grants businesses that donate to charities supporting children's welfare a break on corporate income and other taxes. Democrats filed six amendments, including a few that would expand the exemption of Florida's 6% sales tax on reusable water bottles, tents and gun safes. But they were unsuccessful. The Senate's tax cut package (SB 7074), which varies from the House version on several key tax issues, is awaiting floor consideration. Differences between the measures are expected to be hashed out during budget conferencing between the House and Senate over the remaining days of session. 

Millage Rate Restrictions Ready for House Floor Tuesday - Legislation that would make it harder for localities to increase millage rates, which represent the dollars assessed per $1,000 in property value, is scheduled to be introduced on the House Floor Tuesday. The bill (HB 1195), brought by Fleming Island Republican Rep. Sam Garrison would require a two-thirds vote of the governing body of a county, municipality or independent special district to pass any millage rate increase. Currently, most local boards only need a simple majority vote to pass property tax hikes to help fund their annual budgets. Two-third votes would not be required when taxes remain the same but property owners pay more due to increased values. If successful, the measure would take effect in July, imposing the supermajority requirement for any millage increase starting in 2025. The state constitution provides a maximum millage rate of 10-mill for counties, cities and school boards though there is an exception for special districts. A similar Senate bill (SB 1322), by Spring Hill Republican Sen. Blaise Ingoglia, has stalled in the Appropriations Committee. 

Senate Tax Package Up in Final Committee Stop Before Floor - The Senate's annual tax package is scheduled to be considered in the Senate Appropriations Committee on Tuesday, its last stop before the floor. A strike-all amendment will also be considered that would make several changes, including prohibiting counties from levying more than 25% of its tourist development tax revenue to a publicly owned convention center without a supermajority vote. The proposal keeps the 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. It would also offer other tax cuts, such as a break of up to $10,000 per company for hiring disabled workers and expanding the Strong Families Tax Credit, which grants businesses that donate to charities supporting children's welfare a break on corporate income and other taxes. Additionally, an amendment to the amendment was filed and is expected to be taken up. The House's annual tax package (HB 7073) is set to be introduced on the floor later this week. Differences between the measures are expected to be hashed out during budget conferencing between the House and Senate over the remaining days of session.  LobbyTools Calendar

“Child care, railroad credits added to Senate tax cut bill” via Gray Rohrer of Florida Politics — The Senate’s tax cut package (SB 7074) is growing to help expand child care options and assist railroad companies. The bill that cleared the Senate Finance and Tax Committee earlier in the month contained numerous cuts for businesses and consumers amounting to $900 million over two years, but the Senate Appropriations Committee has added amendments to provide a new tax credit for child care and expand an existing credit for railroads. Under the bill, businesses operating a child care facility or paying child care costs for their employees could get a tax credit against corporate income taxes or other tax liabilities. A business with up to 19 employees could receive up to $1 million for startup costs associated with setting up a child care center; for a company with 20-250 employees, the credit is capped at $500,000 per year; and a company with more than 250 workers could get a $250,000 maximum credit.

Softened Teen Labor Bill Advances - Kids who are 16 and 17-years-old would be able to work at paying jobs seven straight days instead of six, but existing restrictions on the particular hours during the day they can work would remain in place, prohibiting scheduling them to work before 6:30 a.m. or after 11 p.m. under overhauled legislation (HB 49) approved Monday by the Senate Rules Committee. Republicans pushing the Senate bill softened it with an amendment to remove provisions that earlier in the session would have allowed longer work hours each day. The measure would also now prevent kids who are 16 and 17 from working more than 30 hours a week when school is in session unless the student's parent or custodian, or their school superintendent, signs a waiver allowing them to work more. The bill cleared the committee on a 15-3 vote putting it in place for floor consideration in the final 10 days of the session. The bill is now different than it was when it passed the House earlier this session, so the differences need to be reconciled before final passage. Florida Politics 

Florida Senate panel scales back hotly debated child-labor measure - A controversial proposal to loosen work restrictions for 16- and 17-year-olds is ready to go to the full Senate after changes Monday night drew at least some labor-union support. The Senate Rules Committee voted 15-3 to approve the revised bill (HB 49), which addresses issues such as how many hours that 16- and 17-year-old youths can work. The House voted 80-35 on Feb. 1 to pass a more far-reaching version. [Source: News Service of Florida]

No Sale: Senate Isn't Taking Bill to Make Businesses Take Cash - A bill (SB 106) that would force businesses to take cash came up a dollar short in the Senate. The bill was on the agenda to be heard in its final committee, Senate Fiscal Policy, on Tuesday but was postponed from consideration. The committee's chairman, Sen. Travis Hutson, said it was likely the last time the panel would meet this session with Senate rules requiring special dispensation for it to meet again after Tuesday. A version of the measure (HB 35), filed in response to some businesses declining to accept cash for efficiency, cleanliness and safety reasons in an era when many customers pay with cards or online apps anyway, also was filed in the House, but never got a hearing at all in committee in that chamber. 

“County Commissioner term limits bill dies as Senate, House diverge” via A.G. Gancarski of Florida Politics — An ambitious legislative proposal that would have led to term limits for County Commissioners is dead for 2024 after the Senate and House couldn’t agree on language, according to sources close to legislative leadership and bill sponsors. But it appears the legislation will be back next year. Bills from Sen. Blaise Ingoglia (SB 438) and Rep. Michelle Salzman (HB 57) both sought to create mechanisms to impose term limits on long-serving County Commissioners, but the differences were ultimately too great to resolve. Behind the scenes, hard-line conservatives were adamant about eight years being enough, which was a condition that wasn’t as sellable in the Senate. While the latest iteration of Ingoglia’s bill included eight years as the benchmark, there was some pressure to make that a 12-year mark.

“That’s a wrap: Bill letting local governments ban plastics fails to advance” via Gabrielle Russon of Florida Politics — Legislation to repeal the state’s preemption on local governments banning single-use plastic containers and plastic bags has died this Session. Current state law forbids Florida cities and counties from passing their own bans to protect the environment from those plastics. Sen. Linda Stewart’s bill sought to remove the preemption of recyclable and polystyrene materials. SB 498 was assigned to three Senate Committees but did not get a hearing. It also did not have a House companion. Similar efforts to give local governments more control have previously failed in Florida. Stewart is term-limited and ending her career in the Senate. She was not immediately available for comment Wednesday. Lawmakers remain in Session until March 8.

EV Charging Station Regulation Preemption Advances in Senate - A wide-ranging Department of Agriculture agency bill (SB 1084) passed by the Senate on Thursday includes a provision preempting local regulations of electric vehicle charging stations, putting control of the details of station design under the purview of state Department of Agriculture regulators in as-yet-to-be-written rules. Some Democrats criticized the provision during debate on the bill Thursday, saying it was hard to hand over control of the rules for charging stations to the state agency without knowing what the rules would look like. Backers of the idea say the state needs a uniform standard for things like how many parking spaces must be given over to EV charging stations when a local government or business decides to create one.  The bill passed 26-10 and goes to the House. Politico Pro

Offshore windmills for generating energy would be banned in Florida waters and the structures would also be prohibited onshore along the coasts under legislation (HB 1645) set for a vote today in the House. The measure's sponsor, Rep. Bobby Payne, R-Palatka, and other backers of the bill, say wind energy doesn't work well in Florida, which essentially isn't windy enough, and the state should focus more of its efforts on developing other renewable energy technologies, including solar and hydrogen-based energy. 

Homeless Camp Bill Among Measures Ready for House Vote - A measure that would ban homeless people from camping on most public property but allow local communities to set up legal encampments for the area's unsheltered homeless is ready for a vote on the House floor that could come as early as today. Under the proposal (HB 1365), counties and municipalities could only allow the homeless to camp out in specifically designated areas for up to a year, allowing them to stay in those areas rather than in other parts of the community. (See more on the homeless bill in the Local Government section below). Legislation (HB 1451) prohibiting counties and cities from accepting identification cards or documents knowingly issued by non-profit organizations to undocumented immigrants, a controversial immigration-related issue, is also poised to be considered by the full House. Representatives are also expected to hear a bill (HB 735) to prevent local government officials from accepting gifts from "foreign countries of concern," including China, Russia, Iran, North Korea, Cuba, Venezuela and Syria, and require local governments to establish lobbyist registrations, similar to the reporting system already required at the state level. House Calendar

Resolutions calling on Congress to give the President of the United States line-item veto authority on the federal budget (HR 7057) and prohibiting the implementation of any law on citizens that doesn't also apply to members of Congress (HR 7055) are set to be taken up by the House today.

“CBD could be banned in Florida if hemp bill passes, advocates warn” via Steven Lemongello of the Orlando Sentinel — CBD, a medication used by millions of Americans to battle a variety of illnesses and anxiety, could be banned entirely in Florida because of a bill that seeks to outlaw synthetic chemicals in hemp that can induce euphoria. Paige Figi, considered the “mother of CBD” in the U.S. because of her crusade to legalize what became known as Charlotte’s Web, is attempting to sound the alarm about the bill. She is being joined by parents of children who desperately need the product and independent hemp growers worried their businesses would be devastated. “I just don’t think the lawmakers are taking account of the millions of Floridians that are going to be medically affected by the removal of their health products,” Figi said.

Courts …

Supreme Court Hears Arguments on Social Media Content Mandates - The U.S. Supreme Court on Monday heard arguments in a case on whether a Florida law, and another from Texas, can require social media platforms to allow certain content on their sites. The laws passed by the two states that are up for review by the high court limit social media companies' ability to kick users off their platforms or remove individual posts for violating platform rules, effectively preventing them from blocking people or organizations from posting certain political content on their sites. The effect of the measures was to essentially tell social media companies that they must publish speech by certain people, regardless of whether the speech violates a company rule. The laws aren't currently in effect – blocked by lower courts pending the Supreme Court's decision on their constitutionality. The justices spent nearly four hours discussing the case and whether the state laws violate constitutional freedom of speech requirements. The Florida case, which is being considered in tandem with the Texas challenge, is Moody v. NetChoice. Bloomberg / Politico / USA Today

Business …

Florida's car insurance, 3rd-highest in U.S., expected to rise again - Tired of sticker shock when you look at your auto insurance premiums? Good news! Sort of. OK, yes, the price for car insurance is almost certainly going to rise again in 2024. But maybe not as much as they have been. Insurance comparison site Insurify is predicting a 7% rise this year, but annoying as it is, it's still a huge improvement. [Source: Daytona Beach News Journal]

Florida ranks as the state with the most women-owned businesses - In case you don't know, March is Women's History Month. And International Women's Day is Friday, March 8. Women make up more than two-thirds of America’s minimum-wage workforce and about 51% of the population, but political representation, workplace and healthcare equality for women are a different story in most U.S. states. [Source: Florida Today]

The new 324 area code overlay launched Monday in Duval County and surrounding areas previously covered by the 904 area code. The Public Service Commission in 2022 approved the plan to add a new area code to Northeast Florida with the 904 code expected to run out of phone numbers by September 2024. New customers will receive the new area code while existing accounts can keep their 904 area code, but ten-digit dialing will be required even for local calls. Jacksonville's 904 area code has been in use in Northeast Florida since 1965. Jacksonville Today / WJXT 

Elections and Campaigns …

“Byron Donalds says he’s ready to be Donald Trump’s VP pick” via A.G. Gancarski of Florida Politics — “There’s a lot of people in our party, who frankly have asked if I’m going to be the VP and I keep saying, ‘Look, it’s not my call. That’s Donald Trump’s call and I’m going to support whatever he does.’ But could I do that job? Yeah, I could,” Donalds said on the Will Cain Show. He acknowledged that Trump is “going to make that decision,” but he “would” do the job, because “it’s about putting this country in a position to be successful.” Donalds knows some may be skeptical that he has the chops but cited legislative experience both in Florida’s Legislature and Washington, D.C., as well as his roots in “the inner city” of Brooklyn, New York. “Some people might be like, ‘Well, you know, you’re a two-term congressman, what makes you think that you could be on that list?'”