Legislative Update - July 19, 2024

Florida spent $60,000 on the new highway welcoming people arriving by car to "The Free State of Florida." The new signs are at 24 spots along highways and at two welcome centers.

Renewables Requirement Moving Toward Repeal - Department of Agriculture and Consumer Services officials say a state rule that requires utilities to produce all of their energy from renewable sources by 2050 will be off the books by the end of the month. The agency this week published notices that the rule will be repealed effective July 28. The back-off from renewable energy goals was required by legislation (HB 1645) passed earlier this year that went into effect July 1. The measure broadly revamped state energy policies, including resetting renewable energy goals and removing references to greenhouse gas emissions. It also banned wind energy turbines from parts of the state near the coast and in offshore waters. Politico

Governor …

DeSantis Flies Flag for Trump at RNC: Gov. Ron DeSantis had a high profile speaking role at the Republican National Convention in Milwaukee on Tuesday and gave no hint of any lingering issues with his primary rival, GOP nominee Donald Trump. "Today, due to bold leadership, the Democratic Party lies in ruins," DeSantis said. "The left is in retreat, freedom reigns supreme, the woke mind virus is dead and Florida is a solid Republican state. Now, electing Donald Trump gives us the chance to do this all across America." Politico Playbook / Florida Politics

"Ron DeSantis urges Florida Republicans at RNC to ‘get engaged’ on abortion, recreational marijuana amendments on ballot” via Scott Johnson and Francine Frazier of News4Jax – DeSantis isn’t worried about whether Trump can win Florida. What DeSantis is concerned about, however, are two amendments to the state constitution that will be on the ballot in November. Amendment 3 would legalize recreational marijuana in Florida and Amendment 4 would remove abortion restrictions for up to 24 weeks. “That is something that we have to defeat,” he told the room of Republican leaders from his state. “It’s never the wrong time to just do what’s right.” DeSantis spent more time arguing against the recreational marijuana amendment, saying similar laws in other states have not delivered on promises of decreased drug trafficking and increased public safety.

Legislative …

Legislative update: Florida’s newest laws - After state legislators passed a massive tort reform package last year, something that the business lobby had sought for decades, and enacted laws aimed at addressing Florida’s affordable housing crisis, some observers found the 2024 Florida legislative session lacking. “It was a much more subdued session” compared to 2023, says Bill Herrle, state director for the National Federation of Independent Business, pointing to fewer bills being passed overall and one example in which a priority of the state’s business lobby — a further reduction in the commercial rent sales tax — failed to pass. [Source: Florida Trend]

Florida Supreme Court …

ProPublica: Fla Justice with State Rep. Spouse May Cause Conflicts of Interest - Florida Supreme Court Justice Charles Canady has faced calls to recuse himself in at least one recent case because of the connection to his wife, state Rep. Jennifer Canady, R-Lakeland, but is part of a national trend of sitting judges or justices declining to sit out cases involving their family members, according to a look at the issue by nonprofit newsroom ProPublica. Justice Canady faced calls for recusal in a case challenging Florida's new six-week abortion ban, which was co-sponsored by his wife in the House during the 2023 legislative session. He stayed on the case, did not publicly comment on his wife's involvement, and voted in April to uphold the law. The couple also recently faced scrutiny over the state's sports betting law. In December, the Seminole Tribe submitted a legal brief to the Florida Supreme Court, urging justices to reject a constitutional challenge to its exclusive online sports betting deal, valued at billions. Five days later, the tribe donated $10,000 to Jennifer Canady's political committee. While the Seminoles made over 100 donations to Florida legislators in 2023, none were larger than Canady's. Justice Canady didn't disclose the connection and later voted to uphold the Seminole deal. Although there's no evidence the Seminole donation influenced Canady's ruling, for some, it raises concerns about judicial impartiality, ProPublica reported. A spokesperson for the Florida Supreme Court said "considerations of recusal are complex and nuanced – each justice gives careful deliberation to their responsibilities" in accordance with Florida Supreme Court rules and the Code of Judicial Conduct. No list of cases from which Canady has recused himself is currently available, ProPublica noted. The Seminole Tribe wrote it "supports numerous candidates with diverse perspectives. It is also involved in multiple legal cases at various levels. Any connection here is purely coincidental." Legal and ethics experts warn the perception of bias may persist, particularly as Jennifer Canady is set to become House speaker in 2028, influencing significant legislation that could end up in her husband's court. Advocates have suggested updating conflict-of-interest laws but many are hesitant due to the complexity of the issue, "fearing mass disqualification could shut down the judiciary." The issue also is difficult, experts say because of hesitancy to limit judicial spouses' careers or speech. ProPublica

Business …

Florida's Economy Now 16th Largest in the World - Florida would be the 16th largest economy globally by gross domestic product if it were an independent country, the Florida Chamber of Commerce announced. The business organization said TheFloridaScorecard.org for 2023 showed Florida dropping from the 15th largest due to being passed by Spain, which has had recent strong economic growth. Florida's GDP increased to $1.58 trillion, up by over $140.4 billion from the previous year. Significant net income migration has bolstered Florida's economy, with the state gaining $4.12 million per hour, 3.5 times more than Texas. The data shows that new residents have an average income of $88,800, compared to $57,700 for those leaving. Florida's population is also set to grow by 2.8 million by 2030, with the creation of nearly 1.4 million new jobs. The state's GDP growth is slated to outpace Australia and South Korea, and is currently larger than that of Indonesia, the Netherlands, and Turkey. The Florida Chamber Foundation has goals to grow Florida to become a Top 10 global economy by 2030. FL Chamber Press Release

Florida among top 20 most financially distressed states. Here's what that means - “Measuring the share of residents in financial distress is a good way to take the pulse of a state and see whether people are generally thriving or having trouble making ends meet. When you combine data about people delaying payments with other metrics like bankruptcy filings and credit score changes, it paints a good picture of the overall economic trends of a state," WalletHub Analyst Cassandra Happe said. Florida ranked towards the top of WalletHub's list of states where residents have been facing financial distress the most [Source: Sarasota Herald-Tribune]

 Commercial Property Total Business Up Last Year - Traditional private commercial property insurers continued to grow their overall amount of coverage written last year in Florida even while losing some market share to unregulated surplus lines carriers, The Florida Surplus Lines Service Office reported this week. The traditional market carriers' commercial property premium written increased from $8.7 billion in 2022 to more than $12.5 billion last year, the FSLSO said in a commercial property market white paper, published July 15. The so-called non-admitted market, made up mostly of surplus lines insurers, also increased its commercial premiums collected to almost $7 billion, up from $4.8 billion in 2022. The FSLSO said the increases resulted from higher rates and premiums for policyholders. The report also noted a jump in property insurance-related litigation costs in 2023, but said it was likely an anomalous blip. Lawsuit costs had dropped some in 2022 after lawmakers passed legislation ending assignments of benefits and one-way attorney fees in claims disputes. The 2023 increase is likely the result of tens of thousands of lawsuits firms rushed to file just before the tort changes took effect last summer. Insurance Journal / Florida Commercial Property Market White Paper

Florida Sees Sharp Decline in Rent Prices Amid Nationwide Increase - Florida's major cities have experienced a significant drop in rent prices, diverging from the national trend of rising rents, according to a recent Redfin real estate report. Jacksonville recorded the largest decline with a 12.4% decrease in median asking rents year-over-year in June, the biggest drop on record for the city. Tampa saw a 6% decrease, Orlando 4.8%, and Miami 3.8%. In contrast, the national median asking rent rose 0.7% to $1,654, the highest level since October 2022. The report attributes the declines in Florida to a surge in apartment construction during the pandemic. As Florida experienced a migration surge, it ramped up building to meet the increased demand, resulting in a surplus of rental units. Jacksonville ranked third in the nation for multifamily building permits per 10,000 people from 2021 to 2023. Although new projects have slowed, the completion of existing ones has kept supply high. "With so much supply on the market, renters may be able to get concessions like free parking or discounted rent," said Redfin Senior Economist Sheharyar Bokhari. "But renters in Florida should be aware that landlords are grappling with surging home insurance costs, and they may ultimately ask tenants to foot the bill via higher rents." Redfin economists view the rent reductions as a correction from the inflated prices during the pandemic. Tampa, for instance, saw a 37.8% surge in rents in 2022, more than double the national average. As the market stabilizes, rents are adjusting to more realistic levels. But in Virginia Beach, median asking rents increased by 12.9%, and in Cincinnati, they rose by 12.2%. These areas have not seen as much new apartment construction as Florida, leading to tighter supply and higher rents. Redfin / The Capitolist

South Florida Home Sales Cooling - Home and condo sales slowed in June in the three big South Florida counties, dropping well below levels reported a year ago, according to The "Elliman Report."The slowing of home sales in South Florida's Palm Beach, Broward and Miami-Dade counties mirrors a statewide easing in May – FloridaRealtors reported 26,252 closed sales for single family homes statewide in May, down slightly – 0.5% – from May of 2023. But it's hard to discern a trend overall – Florida single family home sales were up year-to-year in April by almost 6% but down by more than 10% in March. Sales have yo-yoed up and down in comparison with the same month in the previous year for most of the last 12 months. Elliman Report / Florida Politics

Survey Says Jax Among Top 10 Cities for 'Laziest' Drivers: Jacksonville drivers rank 10th in the nation for taking short trips by car, according to a survey commissioned by Tinting Chicago. The survey found that 61% of Jacksonville motorists use their vehicles for drives of two minutes or less instead of walking or biking, citing "laziness." Safety concerns were also a factor for 47% of drivers. The analysis showed about 59% of respondents drive around looking for closer parking spots, and 65% drive to another store in the same shopping center. Additionally, 59% prefer sitting in traffic over walking or biking to their destination. The survey, which included responses from over 1,500 drivers in the 30 largest U.S. cities, ranked Fort Worth, Texas, as having the laziest drivers, followed by Las Vegas and Houston. In contrast, New York City drivers were the least lazy, followed by those in Washington, D.C., and Boston. Overall, the study found that 48% of American drivers take trips of two minutes or less by car, with 70% attributing their short drives to laziness. Florida Politics

Gas Prices Swing Wildly, Return to Previous Level:The price of a gallon of gas in Florida experienced significant fluctuations over the past week, but ultimately returned to its previous level, according to AAA – the auto club group. The state average began last week at $3.51 per gallon, then fell a few cents, before spiking seven cents in the middle of the week. Average gas prices in Florida were back to $3.51 per gallon on Sunday. The recent Independence Day weekend and the landfall of Hurricane Beryl were blamed for the seesawing rates. "Crude oil and gasoline futures are holding steady, in hopes that cooling inflation could cause the Federal Reserve to cut interest rates," said AAA Spokesman Mark Jenkins. "Market analyzers believe lower interest rates would lead to higher fuel demand." AAA Fla Gas Prices / Tallahassee Democrat / News Service Florida / WPEC

Florida’s new immigration wave - A century and more ago, Eastern Europeans immigrated not to agricultural Florida but to Chicago and other northern cities where they found fellow countrymen and hard livings in mills, factories and resource extraction. The rare Eastern European enclaves in Florida centered on farming — in Hernando or Seminole or Flagler County. “Florida just didn’t have that heavy industry,” says Florida historian Gary Mormino, University of South Florida professor emeritus. [Source: Florida Trend]

State Agencies …

Hackers Release Sensitive Florida Health Records on Dark Web - Hackers have released over 20,000 sensitive files from the Florida Department of Health and posted them on the dark web. The stolen data includes lab results, medical release forms, and workers' compensation records from DOH's Bureau of Public Health Laboratories in Jacksonville, Tampa, and Miami, which conduct tests for infectious diseases such as HIV, hepatitis, and COVID-19. The files include personal information such as full names, dates of birth, addresses, Social Security numbers, and insurance details. Most records are dated 2023 and 2024. The cyberattack was carried out by the international hacker group RansomHub, which demanded a ransom that the state refused to pay. State policy is to not pay ransoms to groups that steal online data and threaten to make it public. The breach is one of the most extensive in Florida's history and is part of a larger trend of cyberattacks on health care providers across the nation. State health officials have pledged to notify the thousands of affected individuals. Over 10 million Floridians' personal information have been exposed in breaches over the past three years. Tampa Bay Times

Campaigns & Elections …

Rubio Misses Out on VP Bid as Trump Picks Vance - Florida U.S. Sen. Marco Rubio will remain in the Senate for now with Republican presidential candidate Donald Trump announcing Monday that he had chosen Sen. J.D. Vance of Ohio as his running mate. Several media outlets reported that the Trump campaign was worried about the potential for legal challenges to a ticket that included Rubio because the U.S. Constitution says nominees for president and vice president must come from different states or otherwise they will lose their shared home state's electors. The New York Times reported that Rubio himself raised concerns about the issue – and urged Trump to think carefully about whether he wanted to have their campaign together begin with questions about its legality. Several top Republicans now say Rubio is a contender to be named secretary of state by Trump should he win the November election. Politico Playbook / New York Times

Donalds Speaks in Prime Time RNC Slot: Congressman Byron Donalds, who represents a Southwest Florida district, had a primetime speaking spot during Monday's Republican National Convention lineup, discussing his experience growing up poor and bashing the Biden Administration for what he says is its responsibility for inflation. Donalds also used the opportunity to advocate for more school choice nationwide. Palm Beach Post / Politico

Waltz Outlines Platform at RNC: Florida U.S. Rep. Michael Waltz presented the GOP's platform as vice chair of the party's platform committee at Monday's convention in Milwaukee. "We will close our disastrously open border. We will defend our justice system. We will restore our economy," Waltz said. "We will unleash American energy and flood the world with clean, cheap American oil and gas. Drill, baby drill." Florida Politics

RNC Provides Setting for Gov's Race Positioning - While the nation's attention is focused on Republican nominee Donald Trump, Florida politicians jockeying for potential gubernatorial runs have been working behind the scenes at this week's  Republican National Convention in Milwaukee to lay the groundwork for those efforts. Cabinet members Jimmy Patronis and Wilton Simpson have both held events in Milwaukee to woo potential supporters, Rep. Mike Waltz and Attorney General Ashley Moody have been featured guests at various events. "Obviously, it's like a governor's audition, right? And they're all coming through," said GOP committeeman and Sarasota state Sen. Joe Gruters. Politico Playbook

Voter Registration Deadline is Monday: Voters have until Monday, July 22 to register to vote if they want to participate in the Aug. 20 primary election. If they want to change party affiliation to be able to vote in a primary they also must do that by Monday. Florida Division of Elections / News Service Florida

Grassroots groups end voter registration drives, fearing Florida law pushed by GOP - A key part of the election season lead-up has disappeared this summer across Florida, with voter registration by grassroots groups all but halted because of a new state law many say targets minorities and younger voters. The number of voters registered by so-called third-party organizations is down dramatically. Just over 7,000 voters have been enrolled through the end of June by these groups, compared with almost 60,000 during the 2020 presidential election year, state records show. More from the Tallahassee Democrat.

Abortion Rights Campaign: Revised Financial Statement is 'Dirty Trick' - Floridians Protecting Freedom and its "Yes on 4" campaign issued a statement criticizing the revised financial impact statement that will accompany the abortion rights initiative on the November ballot as a "dirty trick to mislead voters." A state panel released an updated version of the financial impact statement after Floridians Protecting Freedom, the political committee backing the proposed constitutional amendment on abortion, argued the original financial statement contained outdated information about the legality of abortion and failed to reflect the current legal status. The original financial impact statement was issued before a Florida Supreme Court ruling that put into place the state's current abortion restrictions under a measure (SB 300) that bans most abortions after the first six weeks of pregnancy. The governor's office and the Florida House assigned extra members to the panel, including former budget chief Chris Spencer to serve as the governor's office representative and Heritage Foundation Senior Research Fellow Rachel Greszler to serve at the behest of House Speaker Paul Renner. The two advocated for the inclusion of information in the statement about potential issues that critics say were unnecessary, such as Medicaid-funded abortions and the likelihood of costly lawsuits. Despite some pushback from state economist Amy Baker, who emphasized that the statement must remain nonpartisan, Gov. Ron DeSantis and the House got information they sought into the statement. In part, the statement says there is "uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget. An increase in abortions may negatively affect the growth of state and local revenues over time. Because the fiscal impact of increased abortions on state and local revenues and costs cannot be estimated with precision, the total impact of the proposed amendment is indeterminate." Backers of the amendment described the revised statement as reading "like an ad written by Amendment 4 opponents – highly-politicized and unlawfully inaccurate to mislead voters on Amendment 4." "What should have been an easy administrative fix on outdated (financial impact statement) language has become a dirty trick to mislead voters," said Yes on 4 Campaign Director Lauren Brenzel. Yes on 4 Press Release / ACLU of Florida Press Release / News Service Florida / Florida Politics / Sun Sentinel / Washington Post / Politico

Abortion Amendment Financial Statement Updated - A state panel released a third version of the financial impact statement that will accompany a proposed constitutional amendment on abortion slated to appear on the ballot in November. The panel that drafted the revision, which met Monday for over 12 hours, included state economist Amy Baker, Heritage Foundation senior research fellow Rachel Greszler – tapped by House Speaker Paul Renner, former budget chief Chris Spencer – appointed by Gov. Ron DeSantis, and Finance and Tax Committee Staff Director Azhar Khan – representing the Senate. The measure, known as Amendment 4, 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. The original financial impact statement was issued before a Florida Supreme Court ruling that put into place the state's current abortion restrictions under a measure (SB 300) that bans most abortions after the first six weeks of pregnancy. A Tallahassee-based circuit judge then ordered a new statement after Floridians Protecting Freedom, the political committee backing the abortion measure, argued the original financial statement contained outdated information about the legality of abortion and failed to reflect the current legal status. While both financial impact statements ultimately claim the total impact on state and local government revenues and costs cannot be determined, the updated statement highlights that an increase in abortions could negatively impact state and local revenue growth over time. It also suggests that the amendment could invalidate existing laws requiring parental consent for minors, potentially resulting in increased litigation which could incur additional costs for the state government and courts. Additionally, the statement notes that there is "uncertainty about whether the amendment will require the state to subsidize abortions with public funds," referencing the statewide Medicaid abortion funding ban in Florida. The panel also revised the financial information statement summary and complete statement. Baker said the updated fiscal analysis will be sent to Attorney General Ashley Moody and Secretary of State Cord Byrd on Tuesday. New Financial Impact Statement / Florida Channel (Video) / Yes on 4 Press Release

Common Cause Florida Opposes Repeal of Public Financing for Statewide Candidates - Advocacy group Common Cause Florida is opposing a constitutional amendment ahead of the November election that will ask voters to repeal the state's public financing system for candidates for governor and the three Cabinet posts. Earlier this year, lawmakers passed a resolution (SJR 1114) to include the question on the ballot, now known as Amendment 6. If ratified by 60% of Florida voters, it would repeal Section 7 of Article VI of the State Constitution, which requires the availability of public financing for campaigns of candidates for elective statewide office who agree to campaign spending limits. The organization is urging Floridians to vote 'no,' saying the measure would "eliminate public funding that supports candidate diversity and helps to reduce runaway campaign spending." Florida is one of a small number of states that offer public matching money to political candidates. Notably, Gov. Ron DeSantis got more than $7.3 million in taxpayer money for his successful reelection campaign in 2022. "You should not have to be rich to run for office," said Common Cause Florida Executive Director Amy Keith. "Amendment 6 would make it harder for individuals who are not personally wealthy to run for statewide elected office, leave candidates even more beholden to special interests, and reduce the voice of small-dollar donors and ordinary voters. A more diverse pool of candidates fosters a more diverse group of elected leaders who come from the communities they serve and share the experiences and challenges of ordinary Floridians. But the fact is, Amendment 6 would make it harder for women and People of Color to run for statewide office." The state Legislature passed the same resolution during the 2009 session, but in the 2010 November election it got only 52.48% of the vote, falling short of the 60% threshold necessary to delete the program from state law. Common Cause Florida Press Release

Moody, 22 State AGs Urge Senate to Pass SAVE Act Ahead of Elections - Florida Attorney General Ashley Moody, along with a coalition of 22 other state attorneys general, sent a letter to congressional leaders urging them to pass the Safeguard American Voter Eligibility Act (SAVE Act), citing concerns over President Biden's immigration policies impacting voter security ahead of the November election. The proposed federal legislation seeks to prevent illegal voting by requiring voters to provide proof of citizenship when registering to vote. Florida, however, already requires proof of citizenship and photo ID when registering to vote. The U.S. House passed the measure last week. "The SAVE Act is important legislation that ensures only Americans vote in American elections, and I, along with my colleagues, strongly urge the United States Senate to pass this bill," said Moody in a prepared statement. The letter also cited instances where noncitizens allegedly voted in local elections and noted that some states, such as Arizona, allow noncitizens to vote in federal elections if they register without proof of citizenship. Other states that signed onto the letter include Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. Moody Press Release / The Capitolist