Legislative Update - April 5, 2024

There were several major news stories this week, the Florida Supreme Court ruling on constitutional amendments, prediction of very active hurricane season and the tragic death of Senate President Kathleen Passidomo’s husband, John.

John Passidomo, Husband of Senate President, Dies - John Passidomo, a Naples attorney and the husband of Senate President Kathleen Passidomo, died Wednesday from head injuries he suffered in a fall while hiking with his wife in Utah. Passidomo fell on Monday at Bryce Canyon National Park and was badly injured and was taken by ambulance to a local hospital before being airlifted to a larger regional trauma center, Senate President Pro Tempore Dennis Baxley said in a memo sent to members of the Senate. "After a thorough evaluation by the very best medical teams over the next 24 hours, the President was advised that Mr. Passidomo would not survive these severe injuries," Baxley wrote. "Their family quickly traveled to Utah and with the President and their three daughters by his side, the First Gentleman passed away peacefully." Passidomo was 72. Baxley said he was fit and active and in overall excellent health. The Passidomos were "law school sweethearts," Baxley wrote, and were nearing their 45th wedding anniversary in September. Kathleen Passidomo finished presiding over the legislative session recently, her second in charge of the chamber, and will turn the gavel over to a new president in November, though she has planned to remain in the Legislature to serve two more years in the Senate. The Passidomos traveled frequently on what Baxley called "many great adventures they shared" during their long marriage. "Their last few days together were marked by many special moments, beautiful scenery, and wonderful reflections on their lifetime together and plans to live out their golden years watching their grandchildren grow up," Baxley wrote. "The President has lost the love of her life, and is absolutely devastated by this sudden and unexpected accident." John Passidomo was a real estate lawyer and a shareholder at the Cheffy Passidomo law firm, and served a stint as president of the Collier County Bar Association. He also served on the Naples city council and as the city's vice mayor in the early 1990s. In 2019, the Passidomos were co-recipients of the Donald E. Van Koughnet "Lion of the Law" Award for Professionalism from the Collier County Judiciary. In addition to his wife, Passidomo is survived by the couple's three daughters, Catarina, Francesca and Gabriella, and two grandsons. Naples Daily News / Florida Politics / Politico / Senate Announcement

Florida Supreme Court …

Fla Supreme Court Allows November Vote on Legalizing Non-Medical Marijuana Use - Voters in Florida will be asked in November whether they want to change the state constitution to allow adults to use marijuana without a medical reason following a state Supreme Court decision on Monday that will allow the measure to go on the ballot. The state's GOP-led Legislature has for several years blocked opening up a non-medical marijuana market in the state. The court's 5-2 opinion on the issue came in response to a request by Republican state Attorney General Ashley Moody to reject the ballot language. Moody argued the ballot language failed to remind voters that there remains a federal ban on marijuana. The court found, however, that the measure is straightforward, with the ballot summary clearly stating that the amendment proposed by the "Smart & Safe Florida" committee allows adults to "possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise," and that it says the change doesn't change or immunize violations of federal law. The proposal also would establish limits for personal use of the plant. The justices also found that the proposal meets the state's single-subject requirement for ballot initiatives. The measure would need to be approved by at least 60% of voters in November. The proposal was backed by the state's largest medical marijuana company, Trulieve, which put nearly $40 million into the effort to get the question on the ballot. Politico / Florida Politics / Tampa Bay Times / USA Today Network / Orlando Sentinel / MJ Biz Daily / Florida Phoenix / NBC News / WFSU / Florida Supreme Court Advisory Opinion Re: Adult Personal Use of Marijuana  

Key takeaways from the Florida Supreme Court’s abortion rulings - In a momentous day for reproductive health in Florida, the state’s Supreme Court on Monday issued opinions that usher in a six-week abortion ban but leave open a way for the state’s voters to protect and expand access to the procedure. Justices ruled 6-1 to uphold Florida’s 15-week abortion ban. The ruling allows a far stricter six-week ban to take effect within 30 days. But, conversely, the court Monday also voted 4-3 to allow a proposed constitutional amendment that protects the right to abortion to go before voters in the November election. [Source: Tampa Bay Times]

Justices Overturn 34-Year Privacy Ruling, Allowing One of Nation's Strictest Abortion Bans - In one of its two abortion rulings Monday, the state's highest court upheld a 2022 law, passed as HB 5, that bans abortions earlier than 15 weeks in Florida in a 6-1 decision. The ruling triggers a subsequent more stringent law restricting abortions to those before six weeks of pregnancy. That law, passed as SB 300 in 2023 and called the "Heartbeat Protection Act," will take effect in 30 days. Planned Parenthood of Southwest and Central Florida challenged the constitutionality of the 15-week ban, arguing it violated Florida's privacy clause in the state constitution. But justices overturned a longstanding precedent set in the 1989 case "In re T.W.," where the court previously stated that Florida's constitutional right to privacy offered more extensive privacy protections compared to those implied by the U.S. Constitution. The decision related to In re T.W. involved a law that mandated parental consent for abortions, which the court ruled as a violation of the right to privacy. "We conclude there is no basis under the Privacy Clause to invalidate the statute. In doing so, we recede from our prior decisions in which – relying on reasoning the U.S. Supreme Court has rejected – we held that the Privacy Clause guaranteed the right to receive an abortion through the end of the second trimester," the majority opinion read. "This demonstrates the tenuous connection between 'privacy' and abortion – an issue that, unlike other privacy matters, directly implicates the interests of both developing human life and the pregnant woman." Justice Jorge Labarga dissented. "During the seven-year interval between Roe (Roe v. Wade) and Florida voters' adoption of the right of privacy, I find it inconceivable that Americans – and more specifically, Floridians – were not aware that the right of privacy encompassed the right to an abortion," wrote Labarga. Prior to the implementation of the 15-week ban, abortions in Florida were allowed up to 24 weeks after gestation. The limit was set following a 1992 U.S. Supreme Court ruling and safeguarded by the 1989 In re T.W. decision, which invoked the privacy clause in the state constitution. Floridians, however, will have a chance to vote on abortion access in the upcoming election. Justices approved the ballot language for a proposed constitutional amendment that would allow the procedure up to about 24 weeks – when doctors say a fetus is "viable" outside the womb. It would need to be ratified by 60% of voters in November. Supreme Court Ruling / Associated Press / USA Today / Forbes / New York Times / Washington Post / Ruling in Planned Parenthood of Southwest and Central Fla v State of Florida

Governor …

“Ron DeSantis calls abortion, marijuana amendments too ‘radical’ to pass” via Jeff Schweers of the Orlando Sentinel — “Once voters figure out how radical both of those are, they are going to fail,” DeSantis said during a news conference in Davie. “They are very, very extreme.”

The court approved both amendments for the November ballot, ruling their language is clear. They require 60% of the vote to pass.

DeSantis said the abortion amendment was too broad and contended it would create a California-like abortion law and override parental consent.

Gov Gets Heat Rule Preemption Bill - A closely-watched preemption measure (HB 433) that prohibits local governments from enacting heat protection requirements for workers and from putting in place rules related to wage requirements for contractors was among several bills formally sent Tuesday to Gov. Ron DeSantis by the Legislature. The governor has until April 17 to decide whether to sign the bills he received on Tuesday. News Service Florida / LobbyTools Governor's Activity

Advocacy Groups Urge DeSantis to Veto Heat Preemption - More than 80 faith organizations and worker advocate groups are calling on Gov. Ron DeSantis to veto legislation that prohibits local governments from putting in place workplace laws meant to protect workers from the heat. Miami-Dade County had been considering a local ordinance to require heat protections beyond what is already required by federal occupational safety law. The Legislature this week, however, passed and sent to DeSantis a measure (HB 433) that preempts heat regulations to the state, preventing local governments from putting their own rules in place. Business groups have generally backed the legislation, saying it prevents uneven regulations around the state and noting that federal law already requires certain heat safety practices. Florida Phoenix

DeSantis OKs Bill to Use Gambling Money for Environment Projects

Gov. Ron DeSantis on Thursday approved legislation that will allocate a substantial portion of gambling revenue to environmental initiatives, including funding programs to improve water quality, protect wildlife areas and preserve state parks. The new law (SB 1638) provides $100 million annually for the wildlife corridor for land and conservation easement purchases, $100 million for the management of uplands and the removal of invasive species, and $100 million for the Resilient Florida Grant Program to combat flooding and sea level rise. Nearly all of the funding stems from a gambling agreement between the state of Florida and the Seminole Tribe in 2021, which launched mobile sports betting late last year after legal battles caused delays in carrying out the deal. State economists predict that Florida will receive $355 million under the compact this fiscal year, and $4.4 billion over the next six years. Additionally, the bill allocates $150 million from state general revenue to the South Florida Water Management District for operations and maintenance, including a study on Lake Okeechobee. “This involves 9 million Floridians on water while also protecting parts of Florida from flooding,” said the governor at a bill signing event in Davie. “Most of the infrastructure was built in the middle of last century and does now require major repairs and upgrades.” Among other things, the measure also would direct $79 million toward water quality improvement grants and $4 million for the Department of Environmental Protection to create a local trail management grant program. The state wildlife corridor comprises 18 million acres of publicly owned land and agricultural properties from the Florida Keys to the Panhandle. About eight million acres remain unsecured. The initiative was a priority of Senate President Kathleen Passidomo, R-Naples, and received unanimous support from lawmakers during session. Governor Press Release / Keeping Florida Beautiful One Pager / Renner Press Release / Sun Sentinel / Tallahassee Democrat / Florida Politics / Florida Phoenix

Gov: 220 Americans Rescued From Haiti via Florida Evacuation Flights - Gov. Ron DeSantis said Tuesday that the Florida Division of Emergency Management has successfully rescued a total of 220 Americans from Haiti amid the political turmoil and violence in the country. Since evacuations began on March 20th, 95% of evacuees have been Florida residents. Evacuees are offered immediate support upon arrival in Florida through a resource center at no cost to them. "When Floridians and other Americans are in need, the State of Florida acts," said the governor in a press release. Florida has also collaborated with the U.S. Department of State to facilitate additional evacuations through federally coordinated flights. DeSantis Press Release

Attorney General …

Federal Judge Sides with Moody, Blocks Federal Emissions Rule - A federal judge has invalidated the Biden administration's highway emissions rule, siding with Florida Attorney General Ashley Moody and a coalition of 20 other states. The regulation, aimed at reducing carbon dioxide emissions from national highways, faced criticism for potentially phasing out gas-powered vehicles. Led by Moody, the legal challenge argued that the Federal Highway Administration had exceeded its authority. The U.S. District Court for the Western District of Kentucky ruled that the federal agency went beyond its powers, encroaching on state sovereignty and environmental policy-making without clear congressional delegation, citing a lack of convincing evidence for emissions reduction and data enhancement goals. The overturned rule required states to set and meet targets for greenhouse gas emissions reduction. Moody hailed the decision as a win against federal overreach, emphasizing its importance in safeguarding state interests. "Biden's highway emissions rule would have harmed our state's opportunities for future economic development," said Moody in a press release. The attorneys general of the 20 other states that signed onto the lawsuit included Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia and Wyoming. Moody Press Release / U.S. District Court Ruling / The Capitolist / Tampa Free Press / Florida Daily

Business …

Researchers Predict ‘Extremely Active’ 2024 Hurricane Season

Colorado State University's annual hurricane forecast for 2024 predicts an "extremely active" Atlantic hurricane season, with a record-breaking estimate of 11 hurricanes and 23 named storms. Last year’s hurricane season saw 20 storms and seven hurricanes. The outlook includes a 34% chance of a major hurricane making landfall on the U.S. East Coast, which could include the Florida peninsula. It also projects that Florida has a 75% chance of a hurricane tracking within 50 miles of its coast and a 44% chance of a major hurricane tracking within 50 miles of its coast. Key factors driving the predictions are the unusually warm sea-surface temperatures in the Atlantic, which provide ideal conditions for hurricane formation. The forecast also considers the transition from El Niño to La Niña, which typically reduces wind shear over the Atlantic and favors hurricane development. Despite the high confidence in this April outlook, forecasters caution that conditions may evolve before the official start of the hurricane season on June 1, 2024. Sun Sentinel / USA Today / CNN / Tampa Bay Times / The Weather Channel / CSU Hurricane Forecast

Florida consumer sentiment tumbles despite positive national outlook - Following five consecutive monthly increases, consumer sentiment among Floridians dipped 2.1 points in March to 72, down from a revised figure of 74.1 in February. This decline contrasts with the national consumer sentiment, which increased 2.5 points. “The drop in consumer sentiment was largely driven by Floridians’ views on their personal financial situation a year from now, which plummeted sharply in March,” said Hector Sandoval, Director of the Economic Analysis Program at UF’s Bureau of Economic and Business Research. More from UF News and Florida Politics.

Florida features 4 out of top 5 fastest growing metro areas in U.S. - It’s no secret that Florida is one of the fastest growing states in the U.S. But a U.S. Census Bureau analysis recently released shows that out of the top 5 fastest growing metro areas in the country, four are in the Sunshine State. The Wildwood-Villages area, which nearly splits the distance between Ocala and Orlando, is the nation’s fastest growing metro area, according to the Census report. The population of that area now stands at about 151,000 people. More from  Florida Politics and WFLA.

Florida gas prices surged last week due to gains in the futures market, with the state average rising by 12 cents per gallon to reach $3.62 per gallon, marking another new high for 2024, according to AAA – The Auto Club Group. Despite this increase, current pump prices are following a pattern similar to last spring, with the average price of $3.59 per gallon being 11 cents higher than a year ago. Factors contributing to the rising prices include increased gasoline demand during spring, seasonal refinery maintenance affecting production, the introduction of more expensive summer gasoline, tight global oil supplies due to production cuts, and global geopolitical tensions affecting oil markets. Although U.S. oil production is high, global factors continue to impact fuel prices. West Palm Beach, Naples and the Port St. Lucie area remain the most expensive for refueling, while the Panama City and Crestview-Fort Walton Beach region offer the current cheapest gas prices in the state. AAA Press Release / Florida Politics / News Service Florida

EDR: General Revenue Up for February - The Office of Economic and Demographic Research reported that state general revenue tax collections in February exceeded expectations by over 6%, totaling nearly $3.538 billion. Sales tax collections, the largest component of general revenue, were nearly $2.844 billion, surpassing expectations by $93.7 million. State economists, however, caution that part of the increase may be misleading due to procedural adjustments in estimated payments and unpaid liability, which distorted the true sales tax activity. Other revenue sources such as corporate income taxes and earnings on investments exceeded projections as well, while insurance taxes fell below expectations for the month. The revenue figures help fund essential state services like education, health care and prisons. EDR Monthly Report / EDR Detailed Report / News Service Florida

Florida Extends Toll Relief Program for Frequent Drivers into 2025 - Gov. Ron DeSantis on Monday said the state will extend its Toll Relief Program, cutting in half the charges for drivers who use Florida-based toll transponders at least 35 times per month. "If you're here just working, and you're getting to and from work, and you're getting hit with these tolls, we wanted to be able to provide relief," DeSantis said. He noted that the reimbursement program isn't offered to tourists. "The visitors, we want them to pay, right?" DeSantis said. "We'd rather have them pay than us." The toll reimbursement program, operated by the Florida Department of Transportation, includes toll roads across the state, including parts of Interstate 95, the Florida Turnpike, and Interstate 4 among other roads. The program provided $500 million in toll savings last year. It will now continue through March of 2025. Sun Sentinel / Florida Politics / The Center Square / WFLA

Florida plans to accelerate critical road projects - Florida will be accelerating its road projects, which are poised to finish 10 to 20 years ahead of schedule. The projects are spread across the state, with one project already breaking ground in South Florida, while projects in West Florida and the Panhandle are also poised to begin work. More from the Center Square.

How much do you need to make to be considered middle-class in Florida? - Memories of higher inflation and the economic effects of the pandemic are still fresh in the minds of many, leaving some Floridians to wonder where their economic situation stands compared to the rest of America. In Florida, the minimum annual income required in 2023 for a family of four to be middle-class was $67,835, according to ConsumerAffairs. [Source: WTSP]

Another big rate hike for Florida homeowners? - Another potential rate hike awaits Florida homeowners with yet another insurer filing a proposal to increase its prices. Homeowners’ insurance rate increases in Florida present a mixed bag of implications for policyholders and the insurance market. On the positive side, higher rates can lead to a more stable insurance market, ensuring that companies have sufficient reserves to cover claims, especially in a state prone to hurricanes and other natural disasters. [Source: Insurance Business Magazine]

Florida’s apprenticeship program helps companies navigate a worker shortage - Florida’s unemployment rate was 3.1 percent in February for the third consecutive month. That’s higher than a year ago, but it’s still relatively very low as many companies continue to face a shortage of workers. So businesses, along with the state, are getting creative in recruiting and developing talent. Florida’s growing apprenticeship program is helping with that. More from WUSF.

Campaigns and Elections …

The PAC that backed Gov. Ron DeSAntis run for president is hosting an "Investor Appreciation Retreat" for donors in Hollywood, Fla. and is expected to lay the groundwork for a future run by DeSantis. Politico Playbook 

Six amendments head to the ballot. - With the Florida Supreme Court deciding to allow the abortion rights and recreational marijuana ballot initiatives to appear on the 2024 ballot earlier this week, six constitutional amendments will be in the hands of voters in November. In addition to abortion rights and recreational marijuana, Floridians will now be voting on amendments regarding additional homestead property tax exemptions, partisan school board elections, public financing of campaigns and fishing and hunting rights.

Six issues teed up for Florida's November ballot - With the state Supreme Court this week signing off on ballot initiatives about abortion rights and recreational use of marijuana, Floridians in November will vote on six proposed constitutional amendments. Passage of each proposal would require support from at least 60 percent of voters. Here are brief descriptions of the six issues. More from the News Service of Florida.

Donations spike after Florida Supreme Court allows recreational marijuana on the 2024 ballot

The state Supreme Court’s ruling this week that will give voters a chance to decide whether to allow recreational marijuana sparked a flurry of contributions to the Smart & Safe Florida political committee that’s backing the proposal. The court’s 5-2 opinion gave the go-ahead for the measure to appear as Amendment 3 on the November ballot, and more medical-marijuana operators are jumping on board the recreational weed train. [Source: News Service of Florida]

How recreational marijuana would change Florida cannabis industry if approved by voters - The proposed amendment would allow people 21 years or older "to possess, purchase or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion or otherwise," and it would permit medical marijuana treatment centers and other state licensed entities "to acquire, cultivate, process, manufacture, sell and distribute such products and accessories." More from WPTV and WPLG.

Rulings on abortion by the state Supreme Court – one restricting the procedure and another putting the issue on the November ballot – may already be energizing Democratic voters in the state in a way that not much else has in recent years. Washington Post / Politico

“Florida’s abortion vote: 3 justices tried to block it. 2 will be on your ballot this Fall” via Scott Maxwell of the Orlando Sentinel — You probably know by now that you’ll be asked to vote this Fall on the biggest reproductive-rights issue in Florida history. The ballot question essentially asks voters one thing: Do you believe the government should be able to impose restrictions and criminal penalties on abortion? It doesn’t get into the nitty-gritty of which limits you might prefer — just the overarching question of whether you believe politicians should make that decision for women. It’s a pretty basic concept. And the people who wanted Floridians to answer that question followed all the rules to get it on the ballot. Yet they almost didn’t succeed. While the majority of justices on Florida’s very conservative Supreme Court ruled that citizens clearly have a right to vote on this issue, three tried to deny you that right. The decision was a 4-3 split.

President Joe Biden's reelection campaign team issued a memo this week marking Florida as a competitive state for the 2024 presidential election following Monday's state Supreme Court ruling that upheld a ban on abortions earlier than 15 weeks and triggered a subsequent more stringent law restricting abortions to those before six weeks of pregnancy to take effect next month. While the campaign sees Florida as competitive, Biden-Harris 2024 Campaign Manager Julie Chavez Rodriguez did not label it a must-win state. She emphasized the campaign's broad strategy and fundraising efforts across key states like Florida to secure multiple pathways to the necessary 270 electoral votes for victory. Biden Campaign Memo / Florida Politics / USA Today Network / Sun Sentinel / Axios

Jasmine Burney-Clark will serve as state director in Florida for President Joe Biden's re-election campaign and Phillip Jerez and Jackie Lee as senior advisers, Politico reported. Politico / LobbyTools Arrivals & Departures

“No Labels ditches plans for 2024 third-party ticket” via Hans Nichols and Erin Doherty of Axios — It's a huge shake-up to the 2024 presidential race — and one relief for Democrats who feared a "unity ticket" could siphon votes from President Joe Biden's re-election bid. "Today, No Labels is ending our effort to put forth a Unity ticket in the 2024 Presidential Election," No Labels' founder and CEO Nancy Jacobson told Axios in a statement. "Americans remain more open to an independent presidential run and hungrier for unifying national leadership than ever before. But No Labels has always said we would only offer our ballot line to a ticket if we could identify candidates with a credible path to winning the White House." "No such candidates emerged, so the responsible course of action is for us to stand down," Jacobson said.

And don’t forget …

Although Florida will not be in the path to see the total solar eclipse on Monday, April 8, Floridians will be able to witness a partial solar eclipse. NASA officials are urging viewers to wear protective eye gear to view the eclipse to prevent permanent eye damage. The eclipse is only safe to witness with the naked eye during totality, or the period of total darkness when the moon completely covers the sun. The start of the eclipse should be at around 1:46 p.m. ET, peaking at 3:03 p.m. ET and ending at 4:17 p.m. ET. A partial solar eclipse will be over North America in January 2029 but the next total solar eclipse won't be until August 2045. Associated Press / Spectrum News