LobbyTools Policy Briefing 3/17/2023

Here's your weekly wrap-up of legislative news in Florida. Brought to you by the policy professionals at LobbyTools, Florida's most trusted legislative intelligence company.

Criminal Justice and Public Safety

Passidomo: ‘No’ on Repealing Rifle Buying Age Limit

Senate President Kathleen Passidomo said this week she doesn't support a House bill that would do away with an age restriction for purchase of rifles and long guns, noting that there was no bill in the Senate containing that language. The House bill (HB 1543) would repeal a law passed after the Marjory Stoneman Douglas High School shooting of 2018 that created the minimum age for buying rifles and other long guns, including AR-15s like the one used in the massacre at the Parkland school. Federal law has a 21-year age requirement on the purchase of handguns. Passidomo, a Naples Republican, was asked whether she supported the House bill lowering the age requirement for buying long guns and responded, "No. We don't have it in the Senate, I mean, nobody filed it so, I don't – there's no bill to support." Asked whether backers of the legislation in the House might find a way to get it through the Senate, Passidomo sounded doubtful. She said she listens to members of the Senate. "Nobody's brought it up to me, nobody's mentioned it to me in the Senate," she said. Asked whether the House could force the issue by amending the provision on to a bill that would allow carrying of concealed weapons without permits, a measure she does support, Passidomo said, "I don't think that will happen." Miami Herald / Politico

Fast Approval for Bill to Slow Down School Zone Drivers?

Legislation that aims to improve student safety by better enforcing speed limits in school zones received a green light from lawmakers on the Senate Committee on Transportation on Tuesday. The bill (SB 588) would allow local governments to put electronic speed detection devices on roads leading to schools. Officers would review the data collected by the device and send tickets to speed violators. The devices would only operate on school days for thirty minutes before and after school. A recent study by traffic safety company BlueLine Solutions found almost all drivers, or 98.1%, were exceeding the speed limit during morning school zone hours at Bloomingdale High School in Hillsborough County. The measure now heads to the Senate transportation budget committee. A similar House bill (HB 657) is also moving through the committee process. Florida Politics

Tyre Sampson Act Approved by Senate Committee

Amusement park and theme ride regulations would be strengthened under legislation that unanimously passed the Senate Agriculture Committee on Monday. The bill (SB 902) would require rides that take someone over 100 feet into the air to have seat belts in addition to other restraints. It would also require more ride inspections, better maintenance and more signage. Sen. Geraldine Thompson, D-Orlando, is carrying the proposal, which is named the "Tyre Sampson Act." The measure is in response to the death of a teenager who fell from a drop tower ride last March. Tyre Sampson was visiting Florida from St. Louis when he fell from the 430-foot tall amusement ride called "Orlando FreeFall" and died. The Department of Agriculture and Consumer Services, which is in charge of inspecting amusement park rides, investigated the incident in collaboration with law enforcement and found the ride operator manually adjusted safety features for Sampson to fit in the harness. The child’s family has reached a settlement with the ride owner. The proposal has two more committee stops. A similar House bill (HB 1241) has yet to be heard in committee. Florida Politics / WKMG

School Maps: Five years after the Marjory Stoneman Douglas High School massacre in Parkland, lawmakers are continuing to consider ways to prevent another tragedy and improve emergency response efforts. The Senate Appropriations Committee on Education this week unanimously voted to advance legislation to provide grants for school districts to create emergency maps for every school so first responders would have immediate access to floor plans. SB 212 would give first responders access to school emergency maps, providing a mobile version and a print version. An identical House version (HB 301) is expected to be heard next week in its first committee of reference.

Restorative Justice: Two Democratic lawmakers want to give crime victims the option of offering offenders the ability to go through a restorative justice program rather than a more punitive approach to a crime. Rep. Yvonne Hinson and Sen. Rosalind Osgood are sponsoring HB 855 and SB 802, which would create training programs in the Department of Corrections aimed at improving inmates' work habits, self-discipline, accountability and reparative behavior. The restorative justice program would also offer victims the opportunity to find closure or forgive the offender if they choose to. The sponsors of the legislation said they believe restorative justice will reduce the likelihood of further harm to communities, provide victims with the opportunity to choose their healing process and give inmates the chance to transform their lives through positive personal development. Hinson-Osgood Press Release

K-12 Education

House Passes Voucher Expansion

The House on Friday passed a major expansion of the state's school voucher system, approving a bill that would let any public school student choose to go to private school with taxpayer dollars picking up at least part of the tuition. Florida already has a broad school voucher system, with about 75% of students eligible – though only about 6% of students use them. The measure (HB 1) would make all students eligible to use tax dollars to attend a private school or pay for some of the costs of homeschooling. How many would do so is a central part of the debate – and the crux of the question over how much the program will ultimately cost. The measure passed 83-27 and now goes to the Senate. Republican backers of the bill on Thursday rejected Democratic attempts to narrow the bill to fewer students. Many Democrats have argued that the ultimate cost to taxpayers to pick up the tab for potentially all private school students is a complete unknown – while House supporters of the measure figure about half of families would take advantage of the program. Opponents also decried the bill as a gift to some wealthy families who will get free private school education while those students who remain in public schools suffer. Democratic Rep. Marie Paule Woodson called the bill “an $8,000 gift card to millionaires and billionaires.” But Republican Rep. Josie Tomkow said the education laws of the state should ensure children get the best education they can, wherever that is, and fund it. “Empower the student, not the system,” she said. Tallahassee Democrat

House Pushes Extended Ban on Sexual Orientation Instruction

Legislative Republicans continued to push Gov. Ron DeSantis' education curriculum changes forward this week, moving a proposal to ban classroom lessons on sexual orientation and gender identity through the eighth grade through another House committee and a step closer to expected passage. Such instruction is already banned in classes through third grade. The bill (HB 1223) also would bar school staff or students from being required to refer to students or other staff by pronouns that don't correspond to the person's original gender. The measure was approved on a 14-4 vote in the House Choice & Innovation Subcommittee on Tuesday with Democrats voting against it. Republicans on the panel rejected an amendment that would have given parents more say over what happens in schools by allowing a teacher to use a student’s preferred pronoun if a parent gave formal permission. The measure, a high profile plank in DeSantis' battle against what he calls "woke ideology" that is expected to feature prominently in an expected presidential campaign by the governor, still has one more House committee stop. Associated Press

House Bill Boosts Scrutiny on Sex Ed, Backs Book Challenges

The House began consideration this week of a measure (HB 1069) that would strengthen the ability of parents to get books removed from schools as part of a bill that would also put additional state scrutiny on sex education materials and define what students should learn about sex and reproductive issues. The measure was approved on a 13-5 vote in the House Education Quality Subcommittee and now has just one more stop before the House floor. The measure would push schools to prohibit access to books that are challenged for sexual content and create a means for parents or others to get the state involved with book disputes. Several young students testified against the measure, which was also opposed by Democrats. In addition to not allowing lessons on sexuality for young students, the bill also requires names of all books in elementary schools to be posted online. Politico

Senate Moves Permanent Diaper Tax Cut?

The Senate Committee on Finance and Tax this week approved a bipartisan initiative (SB 114) to make diapers and incontinence products tax free in Florida. Some estimates say parents use about 3,000 diapers in a child's first year of life at a cost ranging from 30 cents per diaper to as much as 75 cents. On average, parents spend from about $40 a year to more than $75 a year on sales taxes for diapers, according to the National Diaper Bank Network. Lawmakers last year made diapers exempt from Florida's 6% sales tax with a provision in the state budget. But the tax relief is set to expire June 30 of this year with the end of the fiscal year and the budget that included the tax break. If passed, the bill making the cut permanent would go into the sales tax code Jan. 1, 2024. State economists project the bill will reduce tax collections into general revenue by about $54.5 million a year and reduce local government receipts by about $14.5 million a year. Of the 45 states that have a state sales tax, at least 15 don't tax diapers. In addition to infant diapers, the bill also would make incontinence undergarments, incontinence pads and incontinence liners tax free. Gov. Ron DeSantis supports making diapers permanently tax free, having touted the idea in his State of the State address.

Judiciary and Legal Policy

House Passes Bill to Change Lawsuit Rules

Over the objections of opponents who charged it would deny everyday people access to justice in court, the Republican supermajority in the House on Friday easily passed a bill changing lawsuit rules meant to do away with what backers say are out-of-control “nuclear verdicts,” that threaten those same everyday people financially. The bill (HB 837) makes several changes to the rules of evidence in “tort” cases, or those involving alleged wrongdoing, as well as changes in how lawyers can be paid and to details surrounding how such cases are handled by the courts. It passed the House 80-31 after lengthy debate on Friday and now goes to the Senate. Democratic opponents argued the measure is tilted in favor of big companies and insurers. It particularly will affect people who already have trouble getting redress in courts, said Democratic Rep. Michele Rayner-Goolsby, a trial lawyer. “People on the margins have a hard time getting justice,” she said. “This is shifting the balance of power to corporations.” And, she said, changes in how the measure deals with what companies must do to avoid liability will also have a bad outcome. “We keep signaling to corporations that the bare minimum is enough,” when it comes to making premises safe, she said. Republicans said they simply wanted to make the system fair to everyone, and to avoid the explosion of costs that lawsuits place on families. The bill’s co-sponsor Rep. Tommy Gregory said the measure would help end a “$5,000-a-year tort tax,” that Florida families are paying.

Defamation Bill Passes First House Committee

Legislation making it easier to sue the news media for defamation passed Tuesday in the first House committee hearing for the measure. The House Civil Justice Subcommittee approved the bill (HB 991) by Pensacola Republican Rep. Alex Andrade on a 14-4 vote, with Republicans in favor and most Democrats in opposition. The measure is supported by Gov. Ron DeSantis, who says current law doesn't adequately protect Floridians from defamation or libel. Under current law, public figures have a harder time proving defamation because they have to prove the defendant acted with actual malice under a longstanding Supreme Court precedent, New York Times vs. Sullivan. The proposal narrows the circumstances in which someone would be considered a public figure, expands situations in which plaintiffs would have a lower standard of proof and allows attorney fee advantages for prevailing plaintiffs. It would also allow lawsuits to be filed in any Florida county where the material can be accessed. The bill would also enable lawsuits to be brought against unverified information, and expand the legal definition of defamation, including giving plaintiffs the ability to more easily sue over discrimination allegations. The measure has one more committee to clear. A similar Senate bill (SB 1220), carried by Lake Mary Republican Sen. Jason Brodeur, is expected to be heard in its first committee of reference next week. Florida Politics

Health Care

House Panel Advances Proposed Six Week Abortion Ban

Legislation further restricting access to abortions in Florida passed the House Healthcare Regulation Subcommittee on Thursday, its first of two committee stops. The bill (HB 7) would ban physicians from performing abortions beyond six weeks of pregnancy but would make exceptions for cases of rape, incest, fatal fetal abnormalities or if the mother is at risk of severe injury or death. To qualify for the exception, the measure requires pregnant women to prove that they're a victim of rape or incest by producing a restraining order, police report, court order or other evidence. People who perform abortions in violation of the new restrictions could face felony charges punishable by up to 15 years in prison, depending on their involvement in the procedure. Last year, lawmakers agreed to ban abortions past 15 weeks gestation but didn’t include exceptions for rape or incest. Before that, Florida prohibited abortions at 24 weeks. The new proposal requires two doctors to confirm the pregnancy will cause severe injury or death before a woman can obtain an abortion but permits one doctor’s diagnosis for the procedure if "another physician is not available for consultation." Additionally, it would ban physicians from using telehealth to provide an abortion, requiring doctors to be "physically present in the same room as the woman when the termination of pregnancy is performed or when dispensing abortion-inducing drugs." The measure would also expand services provided by state-supported pregnancy centers, including clothing, car seats, diapers and counseling. The House bill does not include funding but its Senate counterpart (SB 300) would appropriate $30 million annually. The legislation passed on a 13-5 party line vote and now heads to its final committee of reference: the House Health & Human Services Committee. Democrats filed several amendments but all failed and members heard emotional testimony from several members of the public. The House proposal is sponsored by Rep. Jenna Persons-Mulicka, R-Fort Myers, and the Senate measure was filed by Sen. Erin Grall, R-Fort Pierce. Both lawmakers carried the 15-week abortion ban legislation enacted last year which is currently awaiting a decision on its constitutionality by the Florida Supreme Court. The Senate bill is expected to be introduced in its first committee, the Senate Health Policy Committee, next week. Gov. Ron DeSantis has previously said he would support bills that would tighten Florida’s abortion restrictions. Associated Press / Florida Politics

DeSantis Keeps Up COVID Response Criticism

Gov. Ron DeSantis and Surgeon General Joseph Ladapo continue to criticize the federal response to the COVID-19 pandemic. DeSantis became one of the first governors to lift restrictions and reopen restaurants, schools and other entities early in the pandemic. Although he initially supported COVID-19 vaccines, he has since questioned their effectiveness and even empaneled a grand jury to investigate crimes that the pharmaceutical industry may have perpetrated in connection with the vaccines, including spreading misinformation about the efficacy of the shots. DeSantis has also been vocal about vaccine requirements and masks, directing state lawmakers to pass a ban on vaccine passports and mandating school districts lift mask requirements. Ladapo, appointed Surgeon General by the governor, has gone against the Centers for Disease Control and Prevention's guidelines and encouraged those under 40 not to get the vaccine. Instead, he has promoted treatment and prevention through healthy habits. "Florida bucked the COVID-19 orthodoxy and instead used commonsense policies to become a refuge of sanity," said DeSantis. According to the CDC, more than 79,000 Floridians have died due to COVID since the onset of the pandemic, including 55 last week. DeSantis Press Release

When Can You Call a Doctor a Doctor?

A bill awaiting committee action in the House would prohibit nurse practitioners who have a doctorate degree from using the title "doctor" in advertisements, communications and on their personal identification, such as a hospital name tag. The bill, (HB 583), filed by Rep. Ralph Massullo, who is a medical doctor, spells out several titles that various health care practitioners can use, including several specific titles that can be used by different types of nurses. For example, the measure spells out that registered nurses may use only "registered nurse," and "R.N." However, the bill does allow people with a doctorate to put the letter "D" with their name. "Any nonphysician health care practitioner who has obtained a doctoral degree under the profession governed by the applicable practice act may use the letter 'D.' in front of the abbreviations authorized by the health care practitioner's respective practice act," the bill says. "However, a nonphysician health care practitioner may not use the title 'doctor' in any form of advertisement, telehealth interaction, text message, or verbal communication without clearly identifying himself or herself as a "doctor" of a specific profession." A similar bill (SB 230) passed unanimously this week in the Senate, but that legislation doesn’t specifically single out nurses. It only says that anyone who uses in a misleading or deceptive way certain titles listed in the bill who isn’t a medical or osteopathic doctor is practicing medicine without a license. The list of titles that can’t be used in such a way includes “doctor of medicine,” “M.D.,” “physician,” and “medical doctor,” among others, but does not include the word “doctor” by itself. Becker's Hospital Review

GOP Senators Vote for Ladapo Confirmation

Members of the Senate Committee on Health Policy voted to confirm Florida Surgeon General Joseph Ladapo on Monday as controversy continued over his recommendation against the medical establishment that some people should forgo COVID vaccines. Officials at the Centers for Disease Control and Prevention and the Food and Drug Administration sent a letter last week to Ladapo warning him about spreading "misinformation" related to the vaccines with his contention in a letter to federal officials that the vaccine caused a "significant" increase in adverse events. In response, Ladapo told Senators he would provide a detailed response, but said the federal response contained errors that he said highlighted "issues with trust with the CDC and FDA." Florida Politics

KidCare Eligibility: The Senate Committee on Health Policy unanimously advanced a bill this week that would phase in an increase in the income threshold for Florida KidCare eligibility from 200% of the federal poverty level to 300%. The measure (SB 246) would also establish new tiers relating to premiums and other fees in order to allow parents to earn more income while limiting the impact on benefits. It has two more committees to clear and is sponsored by Miami Republican and freshman Sen. Alexis Calatayud.

Nursing Licenses: Military combat medics would have an easier path to becoming nurses in civilian life under legislation that unanimously passed the House Higher Education Appropriations Subcommittee this week. The bill (HB 517), called the "Pathway for Military Combat Medics Act," would expand state law to mandate that state universities, colleges and career schools award nursing credits to combat medics based on their military training. The proposal aims to address the expected shortage of 60,000 nurses in Florida by 2035. The measure has one more committee stop. An identical Senate version (SB 274) is on the Senate floor calendar. Florida Politics

The Environment

Osborne Reef, Reptile Bills Clear First House Hurdle

The House Agriculture, Conservation & Resiliency Subcommittee unanimously advanced legislation intended to restore the Osborne Reef off the coast of Fort Lauderdale. The artificial reef was created in the 1970s using one million tires, but the initiative ended up harming natural coral reefs nearby and steps to clean it up have fallen short. The bill (HB 641), filed by Lighthouse Point Republican Rep. Chip LaMarca, would direct the Department of Environmental Protection to submit a report detailing the status and timeline of the restoration, including how many tires have been removed and how many remain underwater. Another measure passed by the same panel would increase penalties for people who knowingly release or let escape non-native venomous reptiles. The bill (HB 1161) sponsored by Marianna Republican Rep. Shane Abbott, would make the release of a venomous reptile punishable by up to $5,000 in fines and up to five years in jail. Florida Politics

Sign up?to receive this weekly newsletter, courtesy of LobbyTools, Inc.

Visit?www.lobbytools.com?to see why LobbyTools is Florida's most trusted legislative tracking, research, and reporting service.

? COPYRIGHT 1999-2023 LOBBYTOOLS, INC. ALL RIGHTS RESERVED.

LobbyTools

930 Thomasville Rd, Ste 200,?Tallahassee,?FL?32303