LobbyTools Policy Briefing 5/26/2023

Campaigns and Elections

DeSantis Kicks Off Presidential Campaign

Gov. Ron DeSantis officially filed paperwork on Wednesday to enter the Republican presidential primary and then announced his entry into the race on a glitchy Twitter event that started late because of technical problems, but was still watched by several hundred thousand people. DeSantis spun the glitches in a quickly recorded video that made the announcement again that he was running for president, saying that they were the result of overwhelming interest. "It broke the internet because so many people were excited about being on the Twitter space," DeSantis said in the video. A campaign spokesman said the governor raised $1 million online during the rollout. Later, DeSantis said during an interview on Fox that he would declare a national emergency on immigration on his first day in office and "mobilize all forces" to rebuild the border wall. He also said he planned to fire FBI Director Chris Wray and reorganize the Department of Justice. Reuters / Associated Press / Bloomberg / Washington Post

New Resignation Law Sets DeSantis Up to Run

Gov. Ron DeSantis made sure Wednesday that he does not have to resign his current position as governor to run for president by signing a bill (SB 7050 ) that, among other election law changes, clarifies the state's resign to run law. The provision – which drew debate over whether Florida law actually required presidential candidates to resign to run – was part of a broader elections bill that drew extensive criticism from Democrats and voting rights groups who said it could make it harder for some people to vote. Politico / Pluribus

Election Law

Voting Rights Groups Seek to Block Election Changes

Voting rights groups have filed three federal lawsuits challenging the provisions of a broad elections bill (SB 7050 ) signed into law this week by Gov. Ron DeSantis, arguing that new restrictions on third-party voter registration groups violate voting advocates' First Amendment rights and the ability to sign up legal voters. Republican backers of the measure said it was needed to bolster election security. The lawsuits were filed in federal court in Tallahassee by the League of Women Voters, a coalition of voting rights groups that included the NAACP and Disability Rights Florida , and a group of Hispanic voter advocacy groups . The groups seek to block certain parts of the bill from being enforced. The measure shortens the time voter registration groups have to turn in registration applications, increases fines for submitting late documents, and prohibits non-citizens from helping with voter registration applications, among other provisions. Tallahassee Democrat / Daytona Beach News-Journal / Democracy Docket / Florida Phoenix / Plaintiffs Press Release / League of Women Voters Press Release

Judiciary, Courts and Civil Justice

Sasso Named to Florida High Court

Gov. Ron DeSantis appointed Sixth District Court of Appeal Chief Judge Meredith Sasso to the Florida Supreme Court. She is the fourth woman DeSantis has appointed to the state's highest court and there will now be three women justices simultaneously sitting on the Supreme Court for the first time in state history. Sasso is the seventh woman to serve on the bench and as a Cuban American, the fourth Hispanic justice the governor has appointed to the high court since taking office in 2019. Sasso, who has been a finalist for the position before, faced five other finalists to fill a vacancy on the bench created by the departure of former Justice Ricky Polston , who left in March to become general counsel at the state-backed Citizens Property Insurance Corporation. Sasso is a member of the Federalist Society and previously served as Chief Deputy General Counsel for former Gov. Rick Scott. Politico / Florida Politics / Sarasota Herald-Tribune / Florida's Voice

Health Care

Groups Ask State to Delay Medicaid Redetermination

Health advocacy groups are urging the DeSantis administration to temporarily halt Florida's Medicaid redetermination process. In a letter to the governor and state Medicaid officials, the groups ask for a review of the process, more transparency and better communication with Florida families as the state removes people from Medicaid amid changes in eligibility requirements. The coalition said a pause could allow time to fill agency vacancies and properly train staff to better avoid mistakes. The state has processed 461,322 beneficiaries and around 250,000 Floridians have been dropped from Medicaid, according to a Department of Children and Families report submitted to the federal government earlier this month. Most were disenrolled due to procedural reasons. Since the beginning of the pandemic, the federal government has provided additional matching funds for state Medicaid payments and prohibited disenrolling anyone who was eligible for coverage. Florida Medicaid officials began eligibility redeterminations in April after Congress passed a spending plan ending the requirement that states keep residents enrolled for the duration of the federal COVID-19 public health emergency, which also just recently ended . Florida is one of ten states that has declined to accept federal money to expand Medicaid under the Affordable Care Act. Florida Politics

Violence Against Health Care Workers Bill Now Law

A bill boosting criminal penalties for people who commit violence against health care personnel was given the OK by Gov. Ron DeSantis. The legislation (HB 825 ) raises assault charges on hospital employees and volunteers to first-degree misdemeanors and battery charges to third-degree felonies. It also adds hospital personnel to the protected profession status, similar to law enforcement and firefighters. Previously, it was a second-degree misdemeanor to commit an assault, and battery was generally punishable as a first-degree misdemeanor charge. Health care workers accounted for 73% of all nonfatal workplace injuries and illnesses due to violence in 2018, according to the measure's sponsor, Clearwater Republican Rep. Kimberly Berfield . Florida Politics

Gender Care Medicaid Challenge Awaits Ruling

A federal trial wrapped up this week in a case affecting transgender Florida residents and their access to gender-related medical care. Two adults and two families of minors brought the lawsuit after the DeSantis administration banned federal Medicaid dollars from reimbursing the cost of gender-related medical care, regardless of age. During the two-week trial, attorneys for the state claimed the treatments are "experimental," adding that Florida has the authority to stop Medicaid from covering such treatments. The plaintiffs argued the agency rule violates a federal rule requiring children be provided access to medically necessary treatment and that gender-related medical care is a valid medical treatment that Florida has covered for years. U.S. District Judge Robert Hinkle is considering the legal challenge, along with a separate lawsuit challenging the recent medical board rules banning gender-related medical care for minors in Florida. In February, the Florida Boards of Medicine and Osteopathic Medicine agreed to prohibit doctors from using puberty blockers, hormone therapies or sex reassignment surgeries to treat gender dysphoria for anyone in the state under the age of 18. The ban was codified by lawmakers in a new law (SB 254 ) signed this week by Gov. Ron DeSantis. That ban will remain in effect as Hinkle considers a challenge to its legality, according to a hearing last Friday. WUSF

Taxes

Record-Breaking Tax Cut Package Approved by DeSantis

Gov. Ron DeSantis on Thursday signed into law the largest tax relief package in state history, which is expected to provide $2.7 billion in tax savings for Floridians. The tax relief proposal (HB 7063 ) permanently eliminates sales tax on dental hygiene products, gun safes, incontinence products and baby products, such as diapers, cribs and strollers. It also provides six sales tax holidays, including a 28-day "back-to-school" sales tax holiday over two separate time periods, one this coming July and August and another in January of next year, on clothing, school supplies and personal computers. There are also two "disaster preparedness" sales tax holidays lasting 14 days each, with the first holiday poised to begin Saturday . Fire extinguishers, pet carriers, detergent, paper towels, trash bags, portable radios, batteries, coolers and generators will all be tax free. A three-month "freedom summer" sales tax holiday will also run from Memorial Day to Labor Day on recreational items, such as sporting goods, tickets to live events, movies, boating supplies, camping supplies, bikes, grills, surfboards and sunscreen. Additionally, the measure provides a "tools and equipment" sales tax holiday from Sept. 2 through Sept. 8 for tools and other home improvement items. Gas stoves and Energy Star appliances will also be tax free for one year under the plan. Another noteworthy item in the tax package is a business rent tax reduction of 1% from the current 5.5% down to 4.5% beginning Dec. 31 and lasting for 13 months. That rate reduction is expected to save small businesses around $256 million. The measure received unanimous approval in the Legislature during its lawmaking session and largely takes effect on July 1. DeSantis Press Release / Family-Focused Tax Relief / Florida Phoenix

Housing and Real Estate Law

Law Preventing Chinese from Buying Fla Land Challenged

Chinese citizens living and working in Florida are suing the state over a new property law that limits their ability to buy homes. The American Civil Liberties Union, the Asian American Legal Defense and Education Fund and a Florida law firm claim the law targets Chinese people with the harshest restrictions similar to laws that discriminated against Asian-Americans in the past. Earlier this month, Gov. Ron DeSantis signed a bill (SB 264 ) that prevents some people from Russia, Iran, North Korea, Cuba, Venezuela and Syria from purchasing agricultural land in the state, and prohibits Chinese nationals who aren't legal U.S. residents from buying any Florida property. People from the targeted countries will be restricted from buying sensitive property within 10 miles of military bases or other critical sites, including power plants, airports, seaports and other infrastructure. Opponents worry the ban on Chinese property ownership could cause discrimination and critics in the real estate industry fear it could impact Florida's property market. Proponents say the law addresses national security concerns. The groups allege the law is unconstitutional because it is racially biased and targets people with Asian-sounding names. They also say it undermines financial freedom. Similar legislation has been proposed in other states, but Florida's law is the first to be enacted. Reuters / Associated Press / Politico / Florida Politics

The Economy

DeSantis Opponents Point to Florida’s High Cost of Living

While Gov. Ron DeSantis can tout low unemployment rates and an ongoing increase in the number of Americans moving into the state as he begins a run for president, his opponents are set to begin pointing out to others around the country that many residents are having a harder time affording to live here. A Democratic campaign response to DeSantis' entry Wednesday into the presidential race noted that "Floridians suffer under some of the highest housing and health care costs in the nation." A DeSantis spokesman said cost of living issues in Florida are due to demand coming from more people wanting to live in the state. "The governor's successful policies in the state of Florida have attracted new residents from across the country, making property in Florida increasingly valuable," a DeSantis spokesman told Politico. "This positive externality of successful state government will naturally come with new challenges, like increasing rent costs." Politico / Tampa Bay Times

Insurance

State Probes Complaints That Insurers Manipulate Claims

After years of warnings from homeowners and adjusters that insurers changed assessments of homeowners' damage claims to support rejecting or lowering a claim amount, state regulators are now investigating the allegations. Some representatives of homeowners, including the American Policyholder Association, say state officials have long been reluctant to pursue fraud complaints against companies while focusing on investigating fraud by policyholders. Tampa Bay Times

Auto Glass: Legislation aimed at reducing auto glass repair lawsuits received final approval from Gov. Ron DeSantis. Under the new law (SB 1002 ), glass shops will no longer be able to use an agreement known as assignment of benefits, or AOB, to bill insurance companies directly. It also bans repair shops from offering incentives to customers for submitting a claim, and allows insurers to sell cheaper policies with deductibles for windshield damage. Previously, state law mandated insurance companies pay the full cost of repairing or replacing a windshield for drivers with comprehensive coverage policies. The law also requires insurers to provide multiple options for auto glass jobs without favoring a specific company. The new law takes effect immediately. Florida Politics / Fix The Cracks Press Release

Culture

Historic Cemeteries Bill Gets Gov's Approval

Gov. Ron DeSantis approved a bill creating a Historic Cemeteries Program in the Division of Historical Resources at the Department of State. The legislation (HB 49 ) signed Thursday also establishes the Historic Cemeteries Program Advisory Council and provides curriculum on lost – often African-American – cemeteries for schools. The measure also seeks to open access to cemeteries on private property. The proposal, which received unanimous support in the House and Senate, also earmarks $1 million for the agency to use for grants for research and repair. The bill was sponsored by House Minority Leader Fentrice Driskell , a member of the Abandoned African-American Cemeteries Task Force . A similar proposal last session made it to the House floor, but died in a Senate committee. Driskell represents the Tampa area where Zion cemetery was rediscovered in 2019 beneath a low-income housing community. Florida Politics

Restaurant Sues Over Drag Show Law

A restaurant in Orlando called Hamburger Mary's is suing Gov. Ron DeSantis and the state of Florida, alleging a violation of First Amendment rights and a negative impact on the business due to a new law affecting drag shows. Earlier this month, the governor signed SB 1438 into law, which bans businesses from allowing children to attend "adult live performances," including drag shows. Hamburger Mary's said it has lost bookings after informing customers that children will no longer be allowed at drag show events. The local business is seeking to prevent enforcement of the law through the lawsuit , which was filed in the U.S. District Court for the Middle District of Florida. The governor recently approved several bills that critics say target the LGBTQ+ community and disproportionately impact transgender Floridians. Orlando Sentinel / Associated Press

Boycott: The NAACP is urging travelers to consider what it says are "aggressive" policies that negatively affect Black people when they consider whether to visit Florida. The civil rights group cites Gov. Ron DeSantis' "aggressive attempts to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools," among its concerns. Tampa Bay Times / Associated Press

Immigration

New Immigration Law Scares Some Migrants Away

A new law that puts restrictions on undocumented immigrants living in Florida and is aimed at deterring them from moving to the state is having another intended effect – it's pushing some migrants to leave. A report by Axios highlights anecdotal data about migrants deciding to leave Florida because of the new restrictions that are increasing difficulties for the undocumented living in the state. Axios Tampa Bay

K-12 Education

Teachers' Unions Boost Recruitment Efforts

Teachers' unions in Florida say they're under attack from the Republican Legislature and Gov. Ron DeSantis and are fighting to survive. Unions now face decertification if they can't get 60% of eligible teachers to join and pay dues, and paying those dues is now going to be harder because a new law (SB 256 ) bans automatic payroll deductions for the membership fees. Unions are suing to block that law, but they're also trying to up their recruitment efforts. Tampa Bay Times

Higher Ed

Faculty Group Criticizes Fla University Changes

National faculty group the American Association of University Professors has released a report criticizing Florida's "unparalleled attack" on higher education and also decrying a failure of university administrators in the state to stand up to Gov. Ron DeSantis. The governor has very publicly pushed an agenda of shifting the culture and curriculum at state schools to the right while eliminating efforts to increase campus diversity and alternative viewpoints about the nature of the societal structures. The group said its report was based on interviews with more than 40 faculty members and a former school president, and was written by a committee of seven professors outside the state. Tampa Bay Times / Inside Higher Ed / AAUP Report

DeSantis Appoints New Trustee at New College

Jacksonville lawyer Joseph Jacquot was appointed Friday to the New College of Florida board of trustees by Gov. Ron DeSantis to replace Eddie Speir, who was appointed in January but failed to earn confirmation from the Florida Senate . Jacquot is a former general counsel to the governor and a current shareholder with the Gunster Law Firm. Sarasota Herald-Tribune

Environment and Climate

Fort Lauderdale Reef Restoration Bill Signed by Gov

Gov. Ron DeSantis gave final approval to a measure on Wednesday that aims 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 has caused harm to natural coral reefs nearby and steps to clean it up have fallen short. The bill (HB 641 ) directs 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. The agency must also develop a reef restoration plan under the new law. Florida Politics

Comp Plans: Gov. Ron DeSantis this week signed into law a change to the review process for proposed amendments to local comprehensive plans , which could benefit developers of a planned commercial complex near Homestead in South Miami-Dade County . The new law, passed as SB 540 , also requires that if a local government approves a plan amendment that violates a local comprehensive plan and someone challenges the decision, the prevailing party can recover attorney fees and costs, including reasonable appellate attorney fees. Nonprofit environmental group 1,000 Friends of Florida had urged the governor to veto it , saying the "legislation would threaten ordinary Floridians with financial ruin for legally challenging amendments to their communities' comprehensive plans, which serve as the blueprint for community growth,'' essentially making those plans unenforceable. Florida Politics / WGCU / 1000 FOF Press Release

Non-Native Reptiles: Legislation putting penalties in place for knowingly releasing, or letting escape a nonnative "reptile of concern" or a venomous reptile was signed into law by Gov. Ron DeSantis. The bill (HB 1161 ) makes releasing nonnative reptiles of concern punishable by up to $1,000 in fines and a prison term of up to a year, with higher fines and longer prison terms for letting a venomous reptile escape through gross negligence, or for repeat offenses.

Conservation Buy: Gov. Ron DeSantis and Cabinet members approved spending more than $103 million to conserve nearly 40,000 acres across the state through both the Florida Forever and Rural and Family Lands Protection programs. Most of the projects are in the Florida Wildlife Corridor across ten counties, including DeSoto, St. Lucie, Marion, Jefferson, Glades, Walton, Hardee, Highlands, Polk and Charlotte counties. The state Wildlife Corridor is made up of 17 million acres of land from the Keys to the Panhandle and includes nearly 10 million acres of conservation land. The Florida Forever land acquisition approvals include the Fisheating Creek Ecosystem Florida Forever Project, the Avalon Florida Forever Project, the Bluefield to Cow Creek Florida Forever Project and the Longleaf Pine Ecosystem Florida Forever Project. During the Cabinet meeting on Tuesday, over 18,279 acres of conservation easements were also approved, totaling more than $57.6 million. That approval marks the highest number of land acquisitions ever approved in a single meeting for the state Department of Agriculture’s Rural and Family Lands Protection Program, which aims to preserve farmland and support family-owned ranches. WMNF / Simpson Press Release / DeSantis Press Release

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