The Florida Legislators adjourned their regular session Friday, May 5^th. The session was unusual -- in the number of bills that were signed into law during the session, the number of big bills passed and the ease in which the budget came together. 

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.

CS/CS/CS/HB 1537 -- Education -- A significant re-write (115 pages) of the laws surrounding secondary education in Florida was signed by the governor on May 9th. 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.

SB 256 -- Employee Organizations Representing Public Employees -- signed by the governor on May 9th, 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 477 --Term Limits -- This bill limits School Board Members to 2 terms of 4 years, for a total of eight years, and was signed May 9th. The Senate version, SB 1110, which included County Commissioners, died in committee.

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.

SB 264 -- Interests of Foreign Countries -- restricts ownership of land and property by seven "countries of concern," including China, Cuba, Venezuela and Russia and was signed on May 8th. The bill prohibits 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 are prohibited from buying property within 5 miles of a military installation or critical infrastructure (i.e., a seaport or wastewater treatment plant). Foreigners from China are prohibited from owning any property statewide, including homes.

CS/CS/SB 846 -- Agreements of Educational Entities with Foreign Entities -- was signed May 8th and bans state schools, their employees and their representatives from soliciting or accepting gifts from "foreign countries of concern." 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 have until Dec 1, 2023 to comply with the new law’s provisions.

CS/SB 1718 -- Immigration -- signed May 5th, the legislation provides $12 million for Governor DeSantis' migrant relocation initiative, makes using E-Verify mandatory for any employer with 25 or more employees and imposes enforceable penalties for those employing illegal immigrants. Additionally, this law prohibits local governments from issuing Identification Cards (ID) to illegal immigrants, invalidates ID cards issued to illegal immigrants in other states and requires hospitals to collect and submit data on the costs of providing health care to illegal immigrants.

HB 837 -- Civil Remedies (One-Way Legal Fees) -- On March 24th, Governor DeSantis signed this bill into law with several significant components amending the landscape for Florida’s litigation. It reduces the statute of limitations for negligence actions, defines new standards for “bad faith" and limits attorney’s fees in actions against insurance companies.  This bill also has several additional technical items. 

CS/SB 1604 -- Land Use and Development Regulations -- revises the process and requirements for local governments' comprehensive plans. Signed May 5th, the bill was amended to "retroactively" require any special district’s newly appointed board to review any development agreements and other agreements within four months of taking office.

CS/CS/HB 3 -- Government and Corporate Activism -- signed into law last week, this bill revises state banking practices, eliminating the consideration of environmental and social governance (ESG) for Florida’s retirement and investments.

CS/CS/HB 269 -- Public Nuisances -- This 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. It also prohibits people, after being warned to depart, from entering the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person.

HB 1359 -- Offenses Involving Fentanyl or Fentanyl Analogs – This law provides criminal penalties and mandatory minimum terms of imprisonment for Fentanyl. 

SB 1550 -- Prescription Drugs -- This law requires drug manufacturers by April 1st of each year to notify the Department of Business and Professional Regulation of any “reportable drug price increase” in the 12 months leading up to said review.

SB 1552 -- Public Records/Pharmacy Benefit Managers -- The law provides an exemption from public records' requirements for examination and investigation reports and work papers relating to pharmacy benefit managers. 

HB 1627 -- Pretrial Release and Detention -- This law requires the Florida Supreme Court to set up a statewide bond schedule, which preempts local bond schedules. In addition, it adds crimes eligible for pre-trail detention, including fentanyl trafficking, DUI and written threats to kill. 

  

CS/CS/SB 450 -- Death Penalty -- signed into law by Governor DeSantis two weeks ago, 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.

HB 1297 -- Capital Sexual Battery – This law provides for death sentences for certain child sexual offenders.

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.

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.

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."

As of today, these are the bills that passed both Chambers and have been "enrolled." They are awaiting action by the governor, who has 15 days from the time a bill is presented to sign or veto it. If he does neither to a presented bill, the bill becomes law.

HB 1645 -- City of Gainesville, Alachua County -- Introduced by Rep. Chuck Clemons, this 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.

CS/CS/HB 125 -- Utility System Rate Base Values -- This bill changes the way the purchase of local water systems is valued, from book value to a higher value and to recover that amount along with investor returns by raising customer water rates. This move makes the privatization of water systems more attractive to investor-owned utilities.

HB 5 -- 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.

CS/SB 7050 -- Elections -- is intended to improve the security of Florida's elections and to make it more difficult for ineligible voters to register to vote. In addition, it clarifies the "resign to run" rule does not apply to “Persons seeking the office of President or Vice President of the United States.”

HB 411 -- Residency of Local Elected Officials -- 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. It also adds requirements for local commission districts.

SB 404 -- Public Records/Photograph or Video or Audio Recording of the Killing of a Minor/Autopsy Reports of Minors -- introduced by Rep. Clemons and co-sponsored by Sen. Keith Perry and referred to as the “Rex and Brody bill”, this bi-partisan effort passed all committees and both chambers unanimously.

SB 478 -- Early Childhood Music Education Incentive Program -- This bill, a long-standing effort by Sen. Perry, passed both chambers unanimously in another bi-partisan effort.

HB 891 --Year-round School Pilot Program -- This bill establishes a pilot program to test out year-round schooling. It has been placed on the governor's desk.

HB 1259 -- Education -- The bill modifies the way charter schools are funded in Florida and will 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. It has been sent to the governor for his signature.

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.

SB 2500 -- Appropriations (UF, Jacksonville Campus) -- The University of Florida’s Jacksonville campus will get $75 million allocated in the 2023 budget, if not vetoed. The money is allocated to “support the initial phase of development of urban core location in downtown Jacksonville potentially including classroom, multi-use space, student center, and related facilities. State funds could be used for planning, design, construction, lease payments, and other eligible purposes.”

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

CS/SB 1154 -- Labor Pool Act -- This bill amends the Labor Pool Act, a Florida law, that regulates labor pools, businesses that provide workers to other businesses on a temporary basis.

SB 384 -- Violent Offenses Committed Against Criminal Defense Attorneys -- amends Florida law to reclassify certain offenses committed against criminal defense attorneys as felonies of the first degree.

SB 1418 -- Emergency Communications -- This bill has been sent to the governor and creates a new Office of Emergency Communications within the Department of Management Services to oversee improvements to public safety answering points (PSAPs) for all 911 calls.

CS/SB 254 --Treatments for Sex Reassignment -- The legislation will prohibit certain public entities from expending state funds for the provision of sex-reassignment prescriptions or procedures. The bill would also prohibit sex-reassignment prescriptions and procedures for patients younger than 18 years of age and places penalties on doctors that provide the treatments.  

CS/HB 389 -- Menstrual Hygiene Products in Public Schools -- mandates menstrual products be provided free at public schools, including charter schools.

HB 949 -- Operation of a Golf Cart -- essentially bans young drivers of golf carts by requiring a drivers' license or learners' permit to drive one. This bill has been sent to the governor.

HJR 1157 -- Hunting and Fishing -- places 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. 

SB 770 -- Residential Loan Alternative Agreements -- This bill amends Florida law to prohibit residential loan alternative agreements from authorizing a person to place a lien on or otherwise encumber any residential real property.

SB 978 -- Secured Transactions -- This bill amends FS 679.1081.

This was a very good session for the majority party, but there were a few issues that met with resistance and did not pass.

CS/CS/SB 1386 -- Florida School for Competitive Academics -- Sen. Perry’s bill died on the last day of session. The initial budget had an allocation of $24 million, but nether the bill nor the allocation survived. Look for the bill to be reintroduced. 

HB 991 -- Defamation, False Light, and Unauthorized Publication of Name or Likenesses -- This bill would have made it easier to sue for defamation in Florida. It would have lowered the standard of proof, presumed that anonymous sources were false and allowed plaintiffs to recover statutory damages, even if they could not prove actual harm. If passed, it was predicted to set off waves of litigation in Florida.

The bill made it through initial committees, but met resistance from free speech advocates, who argued that the bill would chill reporting and harm the public's right to know. The bill eventually was met with a chorus of criticism from not only free speech advocates, but also conservative media outlets. They argued that the bill would be used to silence dissent and protect powerful interests. The sponsor of the bill, Rep. Alex Andrade, has stated that he will bring the bill back next session.

SB 1316 -- Information Dissemination -- received a lot of early media attention, but was quickly killed. The bill would have required online bloggers to register whether they are getting paid to write pieces about elected officials and by whom. This one is not likely to come up again. 

HB 1543 -- Minimum Age for Firearm Purchase -- This bill would have lowered the age to purchase "long guns" from 21 to 18. The bill passed the House, but was killed in the Senate when it lacked support of leadership. 

SB 714/HB 833 -- Vacation Rentals – since 2014, Florida lawmakers have attempted to enact new state-wide regulations for short term rentals. This year the bill almost made it, but bounced back and forth the last day of session with the two Chambers unable to reach an agreement on the final language. Look for another try next session.

CS/HB 821 -- Renewable Energy Cost Recovery --is a bill that would have revised the types of contracts eligible for cost recovery by public utilities; authorized public utilities to recover prudently incurred renewable natural gas and hydrogen fuel infrastructure project costs approved by the Public Service Commission; and specified eligible renewable natural gas and hydrogen fuel infrastructure projects. It died in committee.

The bill not advancing was a small setback for investor-owned utilities, who had been successful in passing most of their priorities this session. The bill's failure was due to concerns about the potential cost and risk of large hydrogen projects. Look for this issue to come up again next year.

Tax Savings – the new appropriations and tax package holds several tax holidays and makes permanent tax savings on baby products. There was also a tax reduction in the business rent tax from 5.5 percent to 4.5 percent that starts in December.  

On the theme of time flying when, the dates for the next session have been announced. The first committee week starts in the House on September 18, 2023 and on October 9, 2023 in the Senate.