With one week left in the regular Florida Legislative session, only two things are near certain: budget negotiations kick into overdrive and curious things start happening to beat the adjournment clock.  

CS/CS/SB 450 -- Death Penalty --signed into law by Governor DeSantis earlier this week, this new law modifies the death penalty statute in Florida. It reduces the number of jurors required to recommend a death sentence from 12 to 8, the lowest threshold compared to any state that actively carries out the death penalty.

SB 360 -- Causes of Action Based on Improvements to Real Property --

The governor signed this bill on April 13th, revising the time in which action founded on design, planning or construction of improvement to real property must be commenced (changes the 4-year window commencement from the actual date of possession by the owner to the date of the temporary certificate of completion or the date of abandonment, whichever is earliest); revising date on which statute of limitations period begins (reducing from 10 years to 7 years); providing for calculation of statute of limitations period for multi-dwelling buildings; and defining "material violation."

SB 300 -- Pregnancy and Parenting Support -- was signed by the governor on April 13th and bans abortions after six weeks of pregnancy with an exception for victims of rape and/or incest. This bill is a reduction from last session’s signed-into-law, 15-week ban that does not include any exceptions.

CS/HB 543 -- Public Safety -- On April 3rd, Governor DeSantis signed into law "permit-less carry." Florida becomes the 26th state to pass some version of this into law. The bill was co-sponsored by Rep. Chuck Brannon, and will allow residents to carry concealed weapons without a permit. It is not what some gun-rights activists call "open carry." The new law will go into effect July 1st.

HB 837 -- Civil Remedies (One-Way Legal Fees) -- On March 24th, Governor DeSantis signed this bill into law, limiting insurance companies’ responsibility for claimants’ legal fees in the event of a lawsuit. In most lawsuits, each party pays for their own lawyers, but in the past, a policyholder who successfully sued an insurance company for denying a claim could also sue to recover attorneys’ fees. Supporters felt the previous system was a deterrent for insurance companies acting in bad faith; opponents felt it was an area rife with excessive litigation, which drove up costs.

HB 1 – Education (Universal School Choice) -- On March 27th, Governor DeSantis signed HB 1 into law. This law is a significant expansion of school choice in Florida and gives every K-12 student access to a voucher to attend private school by eliminating eligibility restrictions and expanding scholarships.

In addition, the law removes the requirement that students complete at least 1 credit through a virtual course.

SB 102 -- Housing (Live Local Act)-- a top priority of Senate President Passidomo, this bill was signed by the governor on March 29th. The new law budgets $711 million for affordable housing for state employees, creates property tax exemptions for housing developers and prohibits rent control. The bill takes effect July 1.

HB 1645 -- City of Gainesville, Alachua County -- The GRU governance bill introduced by Rep.Chuck Clemons passed the House in a vote of 81-33. All 5 amendments offered by Rep. Yvonne Hinson were defeated. The bill now heads to the Senate. 

In its amended form, the bill provides for a 5-member governing authority to be appointed by Florida's governor. The new government board would have the ability to amend and set utility rates, fees, assessments, charges, rules, regulations, and policies governing the sale and use of services provided by the utilities.

 

In addition, the new board would have the ability to acquire property, exercise eminent domain, issue bonds and other instruments of debt, sell utility assets, set GRU’s budget to include the amount of the general fund transfer and to hire, fire and set the salary of the general manager of the utility. 

New board members are eligible for reimbursement of necessary expenses but “no supplemental benefits shall be provided for a member position.” The General Fund Transfer (GFT) is capped, and the new board is prohibited from considering any factor that “includes consideration of the furtherance of social, political or ideological interests.”

In addition, the law specifically states “Any utility advisory board created by the City Commission shall have no role with respect to the Authority.”

CS/HB 1331 -- Municipal Utilities / SB 1380 -- Municipal Electric Utilities –- stalled in the Commerce Committee.

CS/SB 254 --Treatments for Sex Reassignment -- co-sponsored by Sen. Perry, passed the Senate and is now set for its 3rd reading in the House.

Senator Keith Perry requested $2.5 million in the budget for a new meat processing plant to be located in Newberry, and it appears the secured amount included in the 2023 budget is $1.75 million. 

In April, Alachua County Commissioners voted 4-1 in favor of moving forward and budgeted $2.5 million to build the facility. As discussed by the County Commission, construction is expected to start by the beginning of next year on the facility with a completion date in 2026. The facility is expected to create up to 70 jobs and is set to be built on 10 acres along County Road 337 near the Newberry’s Environmental Park.

CS/CS/HB 273 -- Public Records/Recordings Which Depict or Record the Killing of a Minor/Autopsy Reports of Minors -- sponsored by Sen. Perry and Rep. Clemons, passed the Senate unanimously and has moved to the House for final approval.

SB 464 -- Driving in the Furthermost Left-hand Lane of a Roadway -- sponsored by Sen. Perry, has moved to the Appropriations Committee on Transportation, Tourism and Economic Development. The bill would make it illegal for drivers to operate their vehicles in the left lane when the speed limit is at least 65 mph and at least two lanes of traffic are moving in the same direction. Drivers who violate could get fined and ticketed. 

CS/CS/SB 1328 -- Charter School Capital Outlay Funding -- The House has passed a bill that the Senate now must act on. The bill modifies the way charter schools are funded in Florida and could potentially transfer millions of dollars from traditional schools to charter schools. If the bill becomes law, charter schools would receive the money according to student enrollment by creating a new funding formula that takes into account the demographics of a school's student body. The bill also provides additional funding for charter schools that serve students from low-income families or students with disabilities.

SB 1386 -- Florida School for Competitive Academics -- sponsored by Sen. Perry would create the first statewide charter school, billed as the "IMG of academic academies," to be located in Alachua County. The bill has moved to the Appropriations Committee on Education.

CS/CS/CS/HB 1537 -- Education -- A significant re-write (115 pages) of the laws surrounding secondary education in Florida is teed up for passage. It includes language that would allow the state of Florida to create a competitor to AP courses and authorize districts to use the Classic Learning Test to rival the SAT and the ACT and be used in determination of Florida’s Bright Futures Scholarship. 

In addition, the bill delays raising required test scores for Florida’s seniors to qualify for graduation.  

CS/CS/CS/SB 52 -- Student Use of Social Media Platforms -- has passed the Senate Chamber unanimously. This bill will restrict social media use in schools, restricting access to social media on school district networks and district-owned and specifically banning TikTok on district-owned devices and use of the platform to promote school activities.

Teachers are also given the ability to designate an area for wireless communications and prohibit their use during instructional time.

The Senate version amended a House version, so it must be considered by the House again. The Senate amendment requires students in grades six through twelve to learn about the effects of social media.

CS/HB 389 -- Menstrual Hygiene Products in Public Schools -- has been added to the Special Order Calendar. This bill mandates menstrual products be provided free at public schools, including charter schools.

SB 256 -- Employee Organizations Representing Public Employees – has passed the full Senate and awaits action in HB 1445 -- Employee Organizations Representing Public Employees. The bill remakes the rules that unions operate under in Florida, making the standards to organize higher and banning automatic deductions for union dues from paychecks.

HB 891 --Year-round School Pilot Program -- a pilot program to test out year-round schooling has been placed on the Second Reading Calendar.

SB 1320 -- Child Protection in Public Schools – billed as an expansion of Parental Rights in schools, this bill would prohibit an employee, contractor or student of a public school from being required to refer to a person using personal titles or pronouns that do not correspond with that person’s sex, and prohibit classroom instruction by school personnel on sexual orientation or gender identity until grade 9. This bill has been placed on the Second Reading Calendar.

HB 1557 was passed and signed into law last year, reading: "classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age- or developmentally-appropriate for students in accordance with state standards."

In a rule-making move, not requiring action by the state legislature, the Florida Department of Education is moving to forbid classroom instruction on sexual orientation and gender identity in grades K-12.

Postsecondary Education

CS/CS/SB 846 -- Agreements of Educational Entities with Foreign Entities --

This bill targets China, Cuba, Iran, North Korea, Russia, Syria and Venezuela and bans state schools, their employees and their representatives from soliciting or accepting gifts from those foreign entities. The bill also bars state schools et al from participating in any agreement or partnership with a school or entity based in or controlled by one of those nations. Schools would have until Dec 1, 2023 to comply with the new law’s provisions. The bill has been placed on the Second Reading Calendar.

Sen. Perry's SB 958 -- Postsecondary Educational Institutions -- has moved to the Fiscal Policy Committee. This bill creates an Office of Public Policy Events through the Board of Governors and the State University System that would put a satellite office on each campus. These offices would ensure that speakers representing “multiple, divergent and opposing” viewpoints be presented on each campus.

Several bills have been introduced to tighten control of the higher education system in Florida, including the similar HB 999 and SB 266:

HB 999 -- Public Postsecondary Educational Institutions -- would change the tenure system in Florida’s higher education, allowing the chair of the university board of trustees to review any faculty member’s tenure status, and would prohibit the college system from providing funds for any activities that “espouse the diversity, equity and inclusion of Critical Race Theory rhetoric.” It would also prohibit the teaching of “identity politics, such as Critical Race Theory, or defines American history as contrary to the creation of a new nation based on the universal principles stated in the Declaration of Independence." The bill has been placed on the Education and Employment Committee Calendar.

SB 266 -- Higher Education -- revises the mission of each state university; requires each state university to annually report certain research expenditures of a specified amount; authorizes each state university board of trustees to review any faculty member’s tenure status; authorizes the Board of Trustees of the University of Florida to use funds to establish and fund the Hamilton College for Classical and Civic Education; revises how general education core courses are established; and removes a prohibition against a public postsecondary institution from being accredited by the same accrediting body for multiple consecutive accreditation cycles. The bill has moved to the Appropriations Committee on Education.

Rep. Yvonne Hinson has introduced a bill to allow certain paraprofessionals to be issued temporary teaching certificates, valid for 5 years while being mentored.

Budget negotiations continue with budget conference subcommittees meeting until Friday to resolve differences in each area of the budget. After tomorrow, remaining issues at an impasse will be sent to the full budget conference committee for reconciliation. 

Lawmakers must reach an agreement on a final spending plan by May 2nd to allow for the mandated 72-hour “cooling off” period to meet the schedule adjournment date of May 5th.

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The Chambers have released their tax packages: in the Senate -- SB 7062 -- and in the House – HB 7063. 

Both versions contain some mix of tax holidays, including two different back-to-school tax holidays (August and January). In addition, tax holidays are presented for gas stoves, hurricane supplies, recreational supplies and public events. 

Both would permanently eliminate sales tax on diapers and adult incontinence products, baby supplies (strollers, cribs, baby wipes, etc.) and oral hygiene products like toothpaste and mouthwash. 

Both would exempt energy-efficient household appliances from sales tax for the second consecutive year. 

Both will expand property tax breaks for disabled veterans and surviving spouse members of the military and law enforcement killed in the line of duty. 

Both versions have sales tax breaks for companies that produce methane-based fuels that come from sources like sewage plants, landfill gas that is at times referred to as “renewable natural gas.” 

Both versions contain tax breaks for those that install “gray water” water-recycling systems, but they differ on the details, such as length and caps.

 

The House proposes a significant tax break for businesses that rent. The rate is scheduled to fall from 5.5 to 2 percent in two years, but this tax bill cuts the tax from 5.5 to 4.5 next year.   The Senate bill does not contain this reduction. 

Governor DeSantis has expressed support for a package of bills that are being touted as “the toughest crackdown on undocumented immigration by any state” in more than a decade.

CS/SB 1718 -- Immigration -- and HB 1617 -- Unlawful Immigration -- will change the landscape surrounding undocumented immigrants.

Included in the two bills are provisions that: make it a third-degree felony to transport, shelter or harbor undocumented immigrants; invalidates non-Florida state ID cards; requires hospitals to collect immigration status of patients; prevents scholarships for DACA recipients; and increases penalties for hiring undocumented workers.

Noting that these policies are explicitly supported by Governor DeSantis, some version of these two bills is almost certain to pass a Legislature that has super-majorities in both chambers. CS/SB 1718 has moved to Rules and HB 1617 to the Commerce Committee.

HB 1355 and its companion SB 264 -- Interests of Foreign Countries -- would restrict ownership of land and property by seven "countries of concern," including China, Cuba, Venezuela and Russia. The bills would prohibit anyone living in those countries from acquiring land or buildings in Florida if they're not a U.S. citizen or permanent resident. Foreigners from China, Russia, Iran, North Korea, Cuba, Venezuela and Syria would be prohibited from buying property within 20 miles of a military installation or critical infrastructure (i.e., a seaport or wastewater treatment plant). Foreigners from China would be prohibited from owning any property statewide, including homes.

The bill moved quickly through Committees, and was approved by the Senate. It has been referred to the House Calendar.

CS/SB 1604 -- Land Use and Development Regulations -- now has an amendment tacked on to it that attempts to further Tallahassee’s engagement with Disney.

The amendment attempts to "retroactively" require any special district’s newly appointed board to review any development agreements and other agreements within four months of taking office.

A bill emerging from the House, HB 949 -- Operation of a Golf Cart -- would essentially ban young drivers of golf carts by requiring a drivers' license or learners' permit to drive one. The House version of the bill is working its way through committees.

HB 235/SB 350 --  Alternative Mobility Funding Systems -- This bill will affect local governments by specifying criteria that must or may be included in a mobility plan and mobility fee for transportation. A mobility plan identifies multimodal projects necessary to permit redevelopment, infill and development. A mobility fee is a one-time fee paid by the developer.

The bill would prohibit a transportation impact fee or fee that is not a mobility-based fee from being imposed within the area that is within a mobility plan. The bill would require mobility fees to be updated every five years. The bill also dictates the comprehensive requirements a local government must follow in implementing the mobility plan and fee.

The legislature also passed a limit to the increases of impact fees a local government may enact, with one exception / process. This bill would eliminates this exception.

HJR 31 -- Partisan Election of Members of District School Board -- has moved to a 3rd Reading. This bill would place a constitutional amendment on the 2024 ballot allowing voters to decide whether or not school board races should be explicitly partisan.

SJR 1234 and HJR 1157 -- Hunting and Fishing -- would place a constitutional amendment on the 2024 ballot allowing voters to decide whether or not to enshrine a right to hunt and fish in the state constitution. The proposal is advancing in both chambers.

SB 1316 -- Information Dissemination -- also known as the “Blogger Registration” bill, would require bloggers to register with the Office of Legislative Services or the Commission on Ethics if they wrote articles about Legislators or executive branch officials. Since the filing of the bill, Governor DeSantis and Speaker Renner have both publicly stated their objection to the bill. This bill has not moved since March 7, and so appears dead.

A bill to legalize marijuana SB 1576 -- Legalization of Recreational Marijuana -- is likely dead. The bill has not had a Senate hearing nor does it have a House companion bill.

CS/SB 7050 -- Elections -- an amendment was filed to the election law rewrite working its way through the legislature that changes the Florida’s Resign to Run law so that it does not apply to “Persons seeking the office of President or Vice President of the United States.” 

In addition to this classification, the bill is intended to improve the security of Florida's elections and to make it more difficult for ineligible voters to register to vote.

  

The bill would increase the fine for knowingly submitting a false voter registration application from $50 to $250 and increase the maximum penalty for impersonating a voter from 60 days in jail to 1 year in jail. The bill would also create new penalties for certain election-related offenses. For example, the bill would make it a felony to knowingly register to vote in more than one election. The bill would also make it a felony to knowingly solicit or collect another person's voter registration information for the purpose of voter fraud.

The bill also changes the procedures for registering voters. Under the current law, voters can register to vote by mail, in person or online. The bill would add a new requirement that voters who register by mail or online must provide a copy of a government-issued photo ID.

The bill requires mandatory, formal, signature-matching training to certain persons, including Supervisors of Elections, canvassing boards and election workers and requires the Department of State to adopt rules that establish standards for formal signature matching in addition to allowing Supervisor of Elections offices to use computer programs to assist in the matching. 

The bill also contains several additional smaller administrative changes.  

SB 444 -- District School Board Elections -- This bill changes the current law’s requirement that school board candidates have to reside in the relevant district at the time of qualifying to requiring them to live in the correct district until the time of the election. 

This bill and the House bill -- HB 411 -- have been placed on the Rules Agenda.

HB 991 -- Defamation, False Light and Unauthorized Publication of Name and Likenesses -- The bill remains in the Judiciary Committee. This bill makes it easier to sue media outlets for defamation and, if passed, is likely to be met with court challenges.

This bill directly takes on the US Supreme Court NYT vs Sullivan and lowers the legal threshold for defamation, reducing it from “actual malice” to only proving negligence.

The bill also changes the criteria of who would be exempt, expanding "public official" to include public employees, appointed office holders and influencers (those with a “broad audience” on social media) or those whose fame or notoriety derives from granting media interviews.

CS/SB 1110 --Term Limits -- This bill, limiting County Commissioners and School Board Members to terms of eight years, has moved to Committee Affairs for its First Reading.

SB 1432 -- Communications Services Tax -- a bill that would cut taxes on Florida cellphone, cable and satellite plans remains in Regulated Industries.

CS/CS/HB 3 -- Government and Corporate Activism -- The bill has passed the House and is in its Third Reading in the Senate. In what is likely to become law, as a stated high priority of Governor DeSantis, this bill would revise state banking practices, eliminating the consideration of environmental and social governance (ESG) for Florida’s retirement and investments.

HJR 129 -- Requiring Broader Public Support for Constitutional Amendments or Revisions -- This proposed amendment to Florida’s constitution would raise the threshold for constitutional amendments to pass from 60% to 66.67%, except for a repeal of an amendment that would only need to meet the same threshold which was required at the passing. Ironically, it would only need 60% to pass.

CS/CS/CS/SB 1664 -- Economic Development -- eliminates Enterprise Florida, Inc., a public-private partnership that promotes Florida as a business destination. The bill transfers the duties and functions of Enterprise Florida to the Department of Commerce. The bill also provides for a transition period and funding for the Department of Commerce.

The bill is in its final Senate Hearing.  

CS/CS/HB 269 -- Public Nuisances -- In a bi-partisan effort, this bill passed both houses unanimously and is awaiting action from Governor DeSantis.

 

The bill makes it a crime to distribute materials onto private property with the intent to intimidate or threaten the owner, resident or invitee and makes it a crime to project images onto a building, structure or property without permission. The bill also prohibits people from entering the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person after being warned to depart.