Legislative Update - April 19, 2024

Bob Graham, a two-term Florida governor who went on to serve in the U.S. Senate and was known for his workdays across the state, died Tuesday at age 87. He will lie in state in the Old Capitol next Friday, April 26.

President Joe Biden to visit Tampa next week” via Lawrence Mower of the Tampa Bay Times — Biden is making a campaign stop in Tampa on Tuesday in his latest visit to the donor-rich Sunshine State.

The Florida Democratic Party has announced a recruitment effort  to field candidates for every state and federal legislative office in Florida. Up until now, grassroots activists had championed any attempt to run a full slate of candidates.

New polling from Florida Atlantic University shows that Florida is still Trump country and U.S. Sen. Rick Scott’s re-election campaign — and potentially Casey DeSantis 2026 — is doing even better than the former President.

The survey, conducted April 15-17, found that 50% of registered voters in Florida support Donald Trump compared to 42% who favor President Joe Biden. Another 5% opted for alternative candidates, while 3% remained undecided.

Governor …

DeSantis Signs Requirement for Teaching History of Communism - Florida students will be required to learn about the history of communism and the "increasing threat of communism in the United States," under legislation (SB 1264) signed into law Wednesday by Gov. Ron DeSantis. The measure requires that lessons on communism be taught in kindergarten through 12th grade, but be age and developmentally appropriate. The Department of Education is tasked with designing the course material. The material must also include lessons about "atrocities" committed by communist governments. The requirement will start in the 2026-2027 school year. DeSantis said it's necessary for students to learn in primary and high schools about the negative consequences of communist government because, he contends, students will learn in college "how great communism is." DeSantis signed the bill in the Miami area on the anniversary of the Bay of Pigs invasion, the 1961 attempt by Cuban exiles to overthrow the communist Castro regime in Cuba. "We are committed to telling the truth about this ideology and we are going to make sure that people have a very accurate understanding of the human carnage that has resulted from communist regimes throughout history," DeSantis said. Tampa Bay Times

Gov Approves School Chaplain Measure, Bill Giving Patriotic Groups Access to Students - Gov. Ron DeSantis signed bills into law on Thursday that allow "patriotic" organizations and volunteer chaplains to engage with K-12 students on campus. The more controversial of the two bills (HB 931) allows school districts to set up chaplaincy programs but would leave it up to local officials what types of chaplains they allow to participate and require parental consent for chaplains to engage with students. First Amendment experts say school officials wouldn't likely be able to exclude chaplains based on a particular religion, and already representatives of the Satanic Temple said the group's members will likely seek to become chaplains. DeSantis said, however, that "satanists" won't be allowed in schools under "common sense proposal." Under the law, school boards will oversee chaplain assignments and inform parents of chaplain interactions, with parents choosing a volunteer school chaplain from a list supplied by the school district that must indicate the chaplain's religious affiliation. It also mandates Level 2 background screenings of the chaplains, with costs absorbed by the volunteer or the school district. The legislation overwhelmingly passed both chambers during session, but opponents argued the measure injects religion into public schools and the bill is vague on who could serve as a chaplain, which could lead to unqualified counselors advising young children. The other measure (HB 1317) DeSantis signed Thursday permits designated groups to interact with students and distribute materials promoting patriotism and civic involvement. That bill passed the Legislature unanimously. The organizations, listed in Title 36 of the federal code, include Big Brothers-Big Sisters of America, the Boy Scouts of America, Boys & Girls Clubs of America, Civil Air Patrol, Future Farmers of America, the Girl Scouts of the United States of America, Little League Baseball, the Marine Corps League and the Naval Sea Cadet Corps. The law requires districts allow parents to opt-out and allows the groups to use school facilities beyond regular school hours. "When you are engaged in extracurricular activities, that's going to be a net positive for students," said the governor at a bill signing event in Osceola County. DeSantis Press Release / Florida Politics / Miami Herald / Florida Phoenix / USA Today Network / News Service Florida

Bill Limiting Book Challenges, Expediting Charter Conversions Supported by DeSantis - Gov. Ron DeSantis on Monday highlighted his support for a wide-ranging education measure (HB 1285) that will streamline the process to convert struggling public schools to charter schools, create Purple Star School Districts, and limit objections to books and other classroom materials. The bill mandates that school districts choosing to transform a struggling public school into a charter school must secure a contract with a charter school organization by Oct. 1 of the last year of the district's control over the school to give the charter company time to plan a turnaround strategy. Underperforming schools that continue to receive low performance evaluations are referred to as "turnaround schools." Under the proposed law, the converted charter school must prioritize students from the former school zone and maintain the same grade levels. The charter school also won't have to pay rent for the facility, and the district won't be allowed to impose administrative fees. "If you drag your feet for three or four years, that's three or four years of students who aren't getting the education they should be getting," DeSantis said at a press conference in Escambia County. The measure also establishes the Purple Star School District Program to support military families and requires school districts and charter schools to offer students in grades 11 and 12 the opportunity to take the Armed Services Vocational Aptitude Battery and consult with a military recruiter. Additionally, the legislation includes a provision that says "a resident of the county who is not the parent or guardian of a student with access to school district materials may not object to more than one material per month." Parents would still be allowed to object to as many books as they want. While the bill garnered support from Senate President Kathleen Passidomo and passed both chambers during the legislative session earlier this year, the provision limiting book objections was cited by Democrats as evidence that Republican measures passed last year allowing for the public to challenge school materials went too far. Although the Legislature only formally presented the governor with the bill Monday afternoon – after the press conference, DeSantis already indicated that he plans to sign the bill into law. "We won't stop working for Florida's students and parents," said the governor in a statement. "HB 1285 codifies several great enhancements for education that will keep Florida #1." The proposed law has an effective date of July 1. DeSantis Press Release / Florida Politics / Pensacola News Journal / The Center Square / Florida Channel (Video)

Other measures signed into law Monday by Gov. Ron DeSantis included: 

Swim Lessons: Legislation signed into law Monday by the governor creates a "Swimming Lesson Voucher Program" in the Department of Health, to offer free swimming lessons to Florida families with incomes under 200% of the federal poverty level who have children aged four or younger. The proposal also directs the agency to establish a network of swimming lesson vendors that will accept state vouchers to provide swim lessons and create methods for members of the public to apply for the vouchers. The new law, passed unanimously by lawmakers as (SB 544), is scheduled to take effect on July 1 and includes a $500,000 allocation to fund the program. 

Home Warranties: Gov. Ron DeSantis signed a measure (HB 623) into law on Monday that would make residential real property home warranties automatically transfer with the property when sold, rather than transferring it only if a separate assignment is made within 15 days of the sale of the residence. The new law, which takes effect on July 1, requires the warranty to cover a newly constructed home for a minimum full one-year period.

Special Districts: The governor gave final approval to a bill (HB 7011) on Monday that dissolves several special districts, most of which are inactive anyway. The special districts abolished by the legislation are the Calhoun County Transportation Authority, the Dead Lakes Water Management District, the Highland View Water and Sewer District, the West Orange Airport Authority and the Sunny Isles Reclamation and Water Control Board. The new law takes effect on July 1.

Boards and Commissions: State agency advisory boards, commissions, boards of trustees and other similar panels must annually submit a report to the governor by Aug. 15 that must include a recommendation from the department on whether to continue, terminate, or modify each group under a proposal signed into law by Gov. Ron DeSantis on Monday. The measure (SB 276) also requires each new law creating an advisory body within a state agency to provide a repeal date that would take place on Oct. 2 of the third year after enactment unless the law is reviewed and saved from repeal by the Legislature. The new law takes effect on July 1.

Florida Retirement System: Gov. Ron DeSantis on Monday signed legislation (HB 151) that makes changes to the Florida Retirement System. Among the changes is one that allows retirees in the FRS to be rehired in FRS-covered jobs while also drawing a pension after being out of the job for six months, instead of a year as was the case under the law previously. 

Gov. Ron DeSantis on Wednesday expressed concerns about the upcoming November ballot initiative vote to legalize the non-medical use of marijuana. DeSantis said if approved, broader out-in-the-open use of marijuana will be a quality-of-life issue for non-smokers. "It will change the quality of life in our communities," DeSantis said. "You will smell it when you're walking down a lot of these streets ." Politico Playbook

Gov. Ron DeSantis' Office and Attorney General Ashley Moody's Department of Legal Affairs have temporarily moved out of the Capitol building due to ongoing renovations. The renovations, scheduled to continue until the end of the year, include window replacements, HVAC upgrades, and improvements to the east entrance and Waller Park. Construction is phased, with completion expected by 2025 for entrance areas, 2026 for HVAC, and 2028 for windows. State lawmakers previously approved $61 million for the new windows, $108 million for the HVAC, $13.4 million for the eastern entrance and $53 million for Waller Park. At the latest, employees will return to the Capitol building before the start of the next Regular Legislative Session, which is slated to begin on March 4, 2025. Florida Politics

Legislative …

Ingoglia Plans Legislation to Allow Florida to Arrest Unauthorized Migrants - Republican State Sen. Blaise Ingoglia said he plans to file legislation for the 2025 session that would allow state officials to arrest people for being in the United States illegally to order them deported. Such a law would be similar to one passed in Texas, where state officials said that if the United States wasn't enforcing federal immigration law to the state's liking, the state would do it. The Texas law is being litigated in federal court. "I'm in favor of doing everything that we possibly can to continue creating deterrents so that illegal immigrants do not settle in the state of Florida," said Ingoglia. The Floridian / LobbyTools Immigration Policy Brief

Business …

Florida Gas Prices Increase - Average gasoline prices in Florida were up 5 cents over the past week, with the lowest prices continuing in the Panhandle and the highest prices in parts of South Florida, according to the AAA auto club. Patrick De Haan, head of petroleum analysis at GasBuddy, said in an online post that it’s too early to attribute any of the change to the growing conflict in the Middle East that over the weekend included Iran attacking Israel. “At current time, we expect virtually no impact to oil and #gasprices from the Iran/Israel situation,” De Haan posted on Sunday. “However, if Israel retaliates and further escalates, this could change.” The average price of a gallon of regular unleaded gas Monday in Florida was $3.51, up from $3.46 a week earlier and $3.48 a month earlier, according to AAA. The national average was $3.63 on Monday, up 3 cents from a week earlier. Motorists in the Panama City area paid an average of $3.27 on Monday, while motorists in the West Palm Beach-Boca Raton area paid $3.71.

Florida denied flexibility on CDL skills testing -  Federal regulators are not convinced that the potential for lost wages for prospective truck drivers outweighs the safety benefits of current rules on how states must administer CDL skills tests. In a notice scheduled to be published in the Federal Register on Thursday, the Federal Motor Carrier Safety Administration denied a petition by Florida Department of Highway Safety and Motor Vehicles asking that the state be exempted from a federal regulation. [Source: Freight Waves]

The obscure but powerful politicians who control Florida’s energy - You probably rarely think about the company that provides your electricity, unless there’s an outage or you receive a steep bill. You likely think even less about the politicians who oversee those utility companies. But this obscure group of public officials, called the Florida Public Service Commission, has more power over your life — and the state’s contributions to climate change — than you may realize. More from the Tampa Bay Times.

The 2024 hurricane season forecasts are alarming. Can history teach us what to expect?  All the early predictions are calling for a very active 2024 Atlantic hurricane season. Warm water temperatures provide the fuel storms need to develop and strengthen. Can history give us an idea of what to expect this year? Forecasters with Colorado State University looked at five "analog" years based on above-normal sea surface temperatures and the presence of La Nina. [Source: Sarasota Herald-Tribune]

More homeless people in Palm Beach County this year compared to 2023” via Abigail Hasebroock of the South Florida Sun-Sentinel — There are more homeless people on the streets of Palm Beach County this year than in 2023, a survey found. On Jan. 25 and Jan. 26, county staff and volunteers conducted the annual Palm Beach County Homeless Point-in-Time Count, identifying 2,126 individuals and families as homeless. In 2023, the number was 1,855, creating a nearly 15% increase. Veteran and family homelessness is on a slight decline, but the overall count is not, despite the county’s Community Services Department and Homeless and Housing Alliance having spent more than $120 million on homeless prevention services since 2020. Some of the funds have gone toward expanding temporary shelter and hotel capacity and improving collaboration with local housing authorities.

Environment …

Is your water safe? How to check for ‘forever chemicals’ and reduce toxins in Florida -  Public water systems across the country, including in Florida, will have five years to comply with the new “legally enforceable” tap water limits for PFAS set forth by the U.S. Environmental Protection Agency. These long-lasting chemicals have been “linked to deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children,” according to the federal agency. [Source: Miami Herald]

‘Double or triple water rates’: Broward warns of increased fees to comply with new testing rules - Water could become a whole lot more expensive — but safer — to drink for many residents. Last fall, Broward County hired a consultant to see what changes it can make to the water-treatment process to cut down on the volume of toxic chemicals known as PFAS in the drinking water. Toxic PFAS, or perfluoroalkyl and polyfluoroalkyl substances, can be widespread and long lasting in the environment. More from the South Florida Sun-Sentinel.

Florida remains unable to implement its program for approving wetlands permits under the federal Clean Water Act following a ruling Friday by a federal judge. The federal EPA gave Clean Water Act permitting authority to the state but the court halted the program earlier this year, saying the plan didn't adequately consider the effect of the state plan on endangered species. Politico Pro

Judge finalizes decision about projects that affect Florida wetlands -  In a case closely watched by business and environmental groups, a U.S. district judge Friday finalized his rejection of a 2020 move by the federal government to shift permitting authority to Florida for projects that affect wetlands. Judge Randolph Moss issued a 27-page opinion that, as he acknowledged, likely will set the stage for the case to go to an appeals court. The opinion came after a Feb. 15 ruling in which Moss vacated the transfer of permitting authority because he said federal officials had not followed required steps before making the 2020 decision. [Source: News Service of Florida]

Attorney General …

Moody Files Joins Other States in SuitOver EPA Emissions Rule Promoting EV Use - Attorney General Ashley Moody and officials from 24 other states filed a lawsuit in federal court on Thursday to block a new Environmental Protection Agency emissions rule. The new federal rule sets impractical emissions targets for passenger cars, light-duty trucks and medium-duty vehicles by compelling manufacturers to increase electric vehicle production, according to Moody. The regulation aims to cut back on emissions and boost EV sales and manufacturing. American-made EVs made up about 8.4% of sales last year. "Biden is trying to force a more than 60% increase in EV car sales over the next decade," said Moody in a press release. She argues that the mandated shift to EVs could harm the country's economy, threaten American jobs, raise prices and undermine the reliability of the electric grid. Moody noted that a recent Gallup poll revealed declining interest in EVs among Americans, with nearly half of respondents (48%) indicating that they would not consider purchasing one. She attributes the diminishing consumer demand to financial losses for companies like Ford Motor Company, which lost approximately $4.7 billion on EVs last year. The attorneys general of the 24 other states that signed onto the lawsuit include Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia and Wyoming. Moody Press Release / Moody Lawsuit

Moody Leads Effort Against Federal 'Environmental Justice' Regulations - Attorney General Ashley Moody led a coalition of 23 states in filing a petition for rulemaking on Tuesday, urging the federal Environmental Protection Agency to revise its Title VI regulations. The regulations, also known as "disparate impact" regulations, form the basis for the EPA's pursuit of race-conscious "environmental justice" initiatives, according to Moody. Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in federally funded programs. The petition filed by the coalition argues that the EPA's recent actions have extended beyond the bounds of the law, using Title VI regulations to push for environmental justice initiatives that involve what the coalition sees as "racial engineering." The attorneys general reference a previous proposal during the Trump administration to revise similar regulations, which was later withdrawn by the Biden administration. They also claim the new regulations go against the rule prohibiting only "intentional discrimination" and may violate the Equal Protection Clause. "The EPA should be focusing on enforcing the environmental laws passed by Congress, not so-called 'environmental justice,' which is a euphemism for Biden's extreme agenda," said Moody. "His radical exploitation of Title VI, if followed, would force states to unconstitutionally discriminate against their own citizens. The EPA should grant our Petition and revise its Title VI regulations," she added. Moody is joined by attorneys general from 22 other states, including Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming. Moody Press Release / Florida's Voice / Florida Daily

COVID …

Cases of COVID-19 are currently low in Florida, but almost 2,300 people have died from infection by the virus in the state this year. Health experts say those over 65 are most at risk, accounting for 91% of COVID deaths. Many health officials, including those at the CDC, have urged people, especially the elderly, to have up-to-date vaccinations against COVID to reduce the risk. Orlando Sentinel

Immigration …

Experts on Haiti and government officials in the United States say there hasn't been any large exodus of people from the violence-wracked country trying to reach the United States. Gov. Ron DeSantis, who warned that Haitians would try to come to South Florida and bolstered law enforcement in the Keys acknowledged the expected surge hasn't happened, suggesting that his actions were part of the reason. "We have not seen a real strong, really any, uptick in vessels trying to come from Haiti to Florida," DeSantis said last week. Sun Sentinel  

Campaigns and elections …

Donald Trump leads Biden by eight points in Florida in new Florida Atlantic University survey” via Mitch Perry of Florida Phoenix — Trump continues to hold a strong lead over Biden in a new survey of Florida registered voters. The poll of 865 adults from the Florida Atlantic University Political Communication and Public Opinion Research Lab and Mainstreet Research released on Thursday shows Trump with 50% support, while 42% support Biden. Another 5% prefer other candidates, while 3% remain undecided. When independent candidate Robert F. Kennedy Jr. is included in the mix, Trump’s lead goes to 10 points, with the former President at 48% support, Biden at 38%, and Kennedy Jr. at 7%.

Dems Trying to Find Candidates to Run for Legislative Seats

Democrats are trying to recruit candidates for several legislative and congressional seats where they don't yet have anyone running. Among the ways they're trying to find people to run: putting up billboards. According to the Division of Elections, there were this week 37 state House seats with no Democratic candidate filed to run, compared to 20 with no Republican candidate. Orlando Sentinel / Florida Democrats Press Release

Surveys: Abortion Amendment Short of Support to Pass, But Large Numbers Undecided - According to a recent survey by Emerson College, 42% of Florida voters currently plan to vote in favor of a constitutional amendment in November aimed at protecting abortion rights in the state, well short of the 60% that would be needed to approve the proposed change. A separate USA Today/Ipsos poll finds a little bit stronger support at about half of voters, but still short of the threshold for passage. That poll found many people aren't thinking about the issue – only half of voters said they were very or somewhat familiar with the abortion measure. The Emerson survey, conducted among 1,000 registered voters from April 9-10, indicates that 25% of respondents intend to vote against the amendment, while 32% remain undecided. Among party lines, 56% of Democrats, 30% of Republicans, and 44% of independents plan to support the amendment. Additionally, the survey found that 57% of respondents consider the current law's six-week abortion ban too strict, while 43% view an earlier 15-week ban as overly stringent. The measure – Amendment 4 – reads: "No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider." The amendment would expand abortion rights in the state, allowing the procedure, up to about 24 weeks – when doctors say a fetus is "viable" outside the womb. If the proposal is successful, it would take effect six months after the November election. Gov. Ron DeSantis, Attorney General Ashley Moody and other GOP leaders have come out against the amendment. Some anti-abortion groups have also said they'll try to block the implementation of the ballot measure if voters approve it. Florida's requirements for changing the state constitution include obtaining signatures from 8% of 2020 voters and securing a 60% approval vote. WUSF / USA Today Network

Cannabis industry sees Florida's marijuana referendum as potential game-changer -  While 24 states have legalized recreational marijuana so far and at least 38 have legalized its medical use, Florida presents the industry with a jewel of an opportunity. The Sunshine State has one of the fastest-growing populations in the U.S., a well-established medical marijuana business with more than 800,000 patients, and is one of the world’s top tourist destinations. Some 135 million people visited Florida last year from both domestic and international destinations. [Source: U.S. News & World Report]

Florida's 2024 constitutional amendments: What voters need to know -  As Florida voters start thinking about November, they shouldn't forget a handful of proposed state constitutional amendments that will be at the end of the ballot. Amendments must garner at least 60% approval to become the law of the land. Two of the most consequential on the list — perhaps in state history — are initiatives guaranteeing access to abortion and legalizing recreational marijuana, put on the ballot by citizen-led campaigns. The four others on the 2024 ballot, like repealing public campaign financing and creating a right to hunt and fish, are no small fry, either. [Source: Sarasota Herald-Tribune]

Powell Resigns from Senate to Pursue Palm Beach Commission Seat - West Palm Beach Democrat Sen. Bobby Powell said Monday he's resigning his Senate seat to pursue the open District 7 seat on the Palm Beach County Commission. He hopes to succeed Commissioner Mack Bernard, who is term limited and seeking Powell's state Senate District 24 seat. Powell worked for Bernard, a former state Representative, as a legislative aide in 2009, and their seat swap has been in the works for several months. In his letter, Powell emphasized his resignation's timing to facilitate scheduling Special Elections alongside this year's regular elections. "Serving as a Senator has been a tremendous honor and a significant part of my life for nearly 8 years," said Powell in a statement on Monday. "It is my intent to prevent any gaps in coverage or representation in this district while pursuing the County Commission, and filing my resignation now allows the Governor time to set a Special Election to coincide with the upcoming Primary and General Elections." Powell will face lawyer Richard Ryles in the Democratic Primary for the local commission seat, and if he wins the primary could face Republican Leonard Serratore in the general election. Powell was initially elected to serve in the House in 2012 and subsequently elected to the Senate in 2016. His resignation, effective Nov. 4, is irrevocable. Florida Politics / WPTV

North Fort Myers Republican Rep. Spencer Roach said on social media that he will not seek reelection for a fourth term representing state House District 76. "After deep self-reflection and prayer, I have decided not to seek re-election to the Florida House of Representatives," said Roach. Hours after Roach's post on social media, attorney and businesswoman Vanessa Oliver announced her candidacy for the now open seat. Oliver is the daughter of Port Charlotte Republican Rep. Michael Grant, who represents state House District 75 but cannot seek reelection due to term limits. James Morris Blue is currently the sole Democrat running to replace Roach. Roach Statement / Florida Politics

Candidates File for Gregory Seat - After Rep. Tommy Gregory, R-Lakewood Ranch, was named this month as the next president of State College of Florida, Manatee-Sarasota, two candidates quickly filed paperwork to try to succeed him in the House. Lakewood Ranch Republicans Bill Conerly and Rich Tatem opened campaign accounts to run in Manatee County’s House District 72, according to the state Division of Elections website. Gregory, chairman of the House Judiciary Committee, had opened an account to run again in November. But the college’s Board of Trustees on April 5 selected him to replace retiring President Carol Probstfeld. As of mid-day Monday, no other candidates had opened accounts in District 72, according to the Division of Elections website.

Bill Helmich has been appointed as the Interim Executive Director of the Republican Party of Florida, as George Riley takes time off to address alcoholism and mental health concerns. RPOF Chair Evan Power expressed gratitude for the support towards Riley and assured that he is receiving necessary assistance. Helmich is a familiar figure within the party. "Many of you know Bill and he is prepared to hit the ground running," said Power. Earlier this month, Osceola Sheriff's deputies said Riley was safe and had been reunited with his family after being reported missing a week earlier. Riley, a former executive director of the party who was selected in March to return to that position, lives in Tallahassee. Tampa Bay Times / Orlando Sentinel / Politico

R.I.P.

How Floridians, Democrats, Republicans reacted to life of Bob Graham ” via Lawrence Mower and Romy Ellenbogen of the Tampa Bay Times

Bob Graham, former Florida governor and U.S. Senator, dies at 87 ” via David Smiley of the Miami Herald