LobbyTools Policy Briefing 9/30/2022

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.

Hurricane Ian

Rescues, Damage Assessment Continue After Hurricane Ian

Florida was assessing damage Friday from Hurricane Ian, which Gov. Ron DeSantis said was "basically a 500-year flood event.” The category 4 - but nearly category 5 - storm came ashore Wednesday in Southwest Florida pushing surge out of the sea, and plodded across the state dumping massive amounts of rain before heading out into the Atlantic. The hurricane, one of the strongest to hit the state ever, has “changed the character of our state," the governor said. More than 20 people were known to have died because of the storm in Florida, but officials warned the toll could continue to climb. Rescue efforts continued for people cut off by flood waters, and electricity in some parts of the state was expected to be out for days. Tampa Bay Times / USA Today Network / Orlando Sentinel / Fort Myers News-Press / Associated Press?/ The Hill / CNN /?New York Times / Axios / NBC News

Population in Ian's Path Has Ballooned?

If Hurricane Ian had plowed out of the Gulf and into Southwest Florida just 30 years ago, there would have been about half as many people in its immediate path. Ian roared ashore this week in Lee County, where the population has more than doubled since 1990 to 800,000 residents. The storm, a Category 4 hurricane at landfall, then moved inland toward Osceola County, where the population has nearly tripled since 1990, and Sumter County, which also has three times as many people as it did 30 years ago. Hurricanes hit Florida often – and climate scientists say they may get more frequent. But the areas in their paths keep growing. "The story of Florida is the story of development happening at times and places where it probably shouldn't," said Jonathan Webber of Florida Conservation Voters. Politico

Damage Estimates: Hurricane Ian’s damage cost total could approach $50 million. CoreLogic, a research firm that estimates losses from natural disasters, pegged the likely cost for the state from the storm at $47 million, which would make it the most expensive storm in the state’s history. CNN?/ Reinsurance News / MarketWatch / Insurance Journal

?Federal Aid I: Gov. Ron DeSantis and the Florida congressional delegation have asked President Biden to grant a Major Disaster Declaration for all 67 counties in the state following Hurricane Ian's landfall and the ongoing devastating impacts of the storm. The declaration would authorize the use of federal assistance programs for residents and allow access to funds for both emergency and permanent work and public infrastructure. On Thursday, Biden approved a Major Disaster Declaration for Charlotte, Collier, DeSoto, Hardee, Hillsborough, Lee, Manatee, Pinellas and Sarasota counties.?DeSantis Press Release / WFLA / First Coast News / Florida Politics / White House Press Release

Federal Aid II: Gov. Ron DeSantis, who has typically been vocally critical of the Biden Administration, has dialed back the rhetoric as state officials seek federal help in responding to Ian. The state’s request for federal help drew reminders that when he was in Congress, DeSantis voted against aid to northeastern states for Hurricane Sandy. Bloomberg / New York Times / The Hill?

Climate Risk Reminder: Hurricane Ian is likely to be seen by some as a reminder of the risks of life in a place that may be increasingly threatened by extreme weather as the climate changes. Bloomberg / Associated Press

Economic Impact: Hurricane Ian will likely put a drag on the U.S. economy through the end of 2022, economists say, but then rebuilding and recovery should give an economic boost in the coming years. Wall Street Journal

Build Back Harder: Rebuilding from the damage caused by Hurricane Ian will be harder because of supply chain issues, building industry analysts said. “Across the board, we are seeing challenges in obtaining all types of building materials in a reliable time frame,” said Steve Cona III, president of Associated Builders and Contractors’ Florida Gulf Coast chapter. Insurance Journal

City By City: People in several towns and cities across Florida were left homeless or stranded by Hurricane Ian’s winds and flooding. Tallahassee Democrat?

Worst of the Worst: Ten of the worst hurricanes to hit the United States. The Hill

Utilities

Grid Damage Could Take Several Days to Repair

Parts of the electric grid damaged by Hurricane Ian could be damaged beyond repair, and rebuilding it in those areas could take several days, or possibly even weeks, Florida Power & Light CEO Eric Silagy said as the storm took aim at Southwest Florida. The rebuilding effort could be hampered by ongoing supply chain issues – and moving materials through that supply chain could be made even more difficult by damage to transportation infrastructure. Politico / Bloomberg / Utility Dive

Clean Energy Rules: The Florida Public Service Commission postponed meetings this week at which commissioners were planning to review changes to a 30-year-old rule relating to the process of setting clean energy goals. Clean energy advocates are against the proposed updates and public comment was expected. Florida Politics

FPL Savings: Florida Power & Light said it plans to refund about $400 million to 5.8 million customers because of savings resulting from the new federal tax law. Daily Energy Insider

Insurance

Citizens: Exposure Likely Below Assessment Level

Citizens Property Insurance CEO Barry Gilway said this week that preliminary estimates have put claims for the state-backed insurer at about 225,000 and potential exposure at about $3.8 billion. That’s likely not enough to force an assessment on policyholders statewide, which is continually one of the biggest concerns about the company and its place in the state’s property insurance market. If Citizens’ losses exceed the company’s reinsurance coverage, Citizen policyholders would be hit with an assessment. Insurance Journal

Gov: Flooding Likely to Cause Most Damage Claims?

The average property insurance policy covers damage from hurricane winds, and often doesn’t cover flood damage, which may be the biggest problem in the wake of Hurricane Ian. "Just because you're not in a 'flood zone' does not mean that you're not at risk of a catastrophic event like this," said Gov. Ron DeSantis. "This is an issue we're going to have to deal with." DeSantis noted that the federal government offers some programs that can help Florida homeowners who don't have flood insurance, but the assistance may not cover what a full flood policy would. Additionally, the governor noted that the state-backed Citizens Property Insurance Corporation should not have an issue paying claims following the storm, pointing out Citizens' healthy surplus of more than $6 billion. As of Wednesday afternoon, Citizens reported 225,000 claims from Southwest Florida worth $3.8 billion in losses, but those figures could change after professionals assess the damage. Florida Politics

Criminal Justice

New Criminal Laws Take Effect Oct. 1

Among the new laws going into effect Saturday are several that will boost criminal penalties for crimes ranging from lewd and lascivious behavior to street racing or stunt driving. Starting Saturday it will be easier to prosecute drug dealers for first-degree murder when they sell drugs to someone who then suffers a fatal overdose, under HB 95, one of several bills that goes into effect Oct. 1. Another proposal (SB 444) increases charges to a third-degree felony when someone intentionally touches a 16 or 17-year-old, regardless of consent, in a lewd or lascivious manner. Other bills that take effect this weekend include a measure (HB 287) that boosts penalties from a third-degree felony to a second-degree felony if a person tampers with or fabricates physical evidence in a capital felony case. Additionally, HB 399 makes it a first-degree misdemeanor to participate in a street takeover. Spectators at a street race or stunt driving event, including those who videotape the event and post it on social media, could be guilty of a noncriminal traffic infraction and would have to pay a fine under the new law. Another new law, passed this year as HB 6037, would make it easier to prosecute "traveling burglars," who go from county to county to steal. SB 1534 aims to crack down on organized retail theft known as "boosting," toughening penalties for shoplifting at two different locations within a short time. LobbyTools Oct. 1 New Laws

Home Protest Ban Now Law

Picketing and protesting outside someone's home in most cases will be illegal in Florida as of Saturday. The new law (HB 1571) makes such protests second-degree misdemeanors carrying potential jail terms and fines, including 60 days behind bars, a $500 fine and six months probation. But the new crime also requires law enforcement to issue warnings before charging protesters. LobbyTools Oct. 1 New Laws

New Law Aims at Stolen Explicit Videos, Deep Fakes?

People who try to make money off of stolen sexually explicit videos or pictures will face tougher penalties starting Oct. 1 under SB 1798. In addition to boosting penalties for selling stolen images, the legislation also makes it a felony to disseminate altered or faked sexually explicit images – known as "deep fakes" – and increases to $10,000 the amount of damages that victims of sexual cyberharassment may win in lawsuits. LobbyTools Oct. 1 New Laws

Florida, Other States, Trying to Solve Corrections Officer Shortage

Florida officials have taken steps to alleviate the shortage of corrections officers that have ranged from raising starting salaries to over $40,000 and offering hiring bonuses to bringing in National Guard members to help fill gaps in staffing. Gov. Ron DeSantis said the state's prisons face a "severe shortage" of officers when he announced earlier this month that he would be activating Guard units to help with the staffing problem by guarding towers, exits and entrances, leaving more experienced corrections officers to work in prison units with fewer issues that arise from being so short staffed. "Florida prisons have been plagued with shortages for years," Gary York, a retired prison inspector for the Florida Department of Corrections and a columnist for Corrections1, which provides information on the prison industry, told Pew Stateline for a look at the issue across the country. "They are overworked and burned out and leaving for other jobs." But Mark Tallent, chief financial officer for the Florida Department of Corrections, told lawmakers during a recent hearing that the pay raise for officers has boosted morale, eased stress and helped reduce the shortage here. "We think we're definitely trending in the right direction," he said. Stateline reports that Florida isn't alone. "Amid a nationwide worker shortage in various industries, prison systems across the country are desperate to reverse an exodus of corrections officers that administrators and prison experts describe as the worst ever," the report says. Pew Stateline

Taxes

Gas Tax Holiday, Tax Referendum Measure In Effect

The state's month-long gas tax holiday starts Saturday, Oct. 1. Gov. Ron DeSantis signed into law a broad tax package (HB 7071) passed by lawmakers during this year’s legislative session that will waive the state's 26.5 cent per gallon gas tax for an entire month. Another tax-related measure that takes effect Oct. 1 requires local tax referendum votes to be held during general elections. The new law (HB 777) affects tourist development and impact taxes as well as local option fuel taxes. The measure aims to increase voter turnout for school tax initiatives and save money by combining proposals into one election versus holding multiple separate elections. The new measure will not affect the upcoming November 2022 general election. LobbyTools Bills That Go Into Effect / Department of Revenue

Happy Holidays: Florida leads the nation in having the most sales tax holidays. Gov. Ron DeSantis has proposed more. Bloomberg Law?

Education

Who Wants to be Chancellor?: Only eight candidates applied this summer to be chancellor of the State University System of Florida, and few of them had extensive experience actually working at a university. One who did have experience was Sen. Ray Rodrigues, who was chosen for the job. The Chronicle of Higher Education??

Health Care

Providers Ask Courts to Halt New Long-Term Care Pay Minimum

An assisted living facility and three health care organizations filed a lawsuit against the state's new $15 minimum wage for direct care workers. The Florida Ambulance Association, the Florida Assisted Living Association, the Home Care Association of Florida and assisted living facility Heather Haven III are suing the Agency for Health Care Administration claiming the new provision makes them vulnerable to class-action lawsuits by employees. During the 2022 session, lawmakers allocated more than $600 million in the state budget to increase long-term care provider workers' pay to $15 an hour starting Oct. 1. Employees who are not paid the minimum mandate by Jan. 1, 2023, and are not reimbursed lost wages by then, can sue their employer. Plaintiffs argue the Legislature didn't provide enough funds for facilities to comply with the $15 minimum wage mandate and they say the fear of lawsuits is causing some health care providers to consider withdrawing from the Florida Medicaid program. Assisted living facilities have also said they need clarification on exactly which employees are covered by the new requirement. The lawsuit, filed Tuesday in a Leon County circuit court, is asking for a temporary injunction and notes the requirement could be unconstitutional due to "improper substantive lawmaking in an appropriations bill." Additionally, the associations highlighted that Medicaid managed care companies have not increased their reimbursement rates to offset the increased salary costs. No other employer in the state can be sued for failing to pay an employee $15 per hour. Florida Politics

Gender Care: Health regulators canceled a workshop on gender affirming care this week as Hurricane Ian threatened the state. The Florida Board of Medicine and the Florida Board of Osteopathic Medicine were planning to discuss potential changes to the state standard of care rules for the treatment of gender dysphoria. Last month, the state Department of Health filed a petition to initiate rulemaking, requesting the Board of Medicine to create rules "due to the lack of quality evidence regarding the effectiveness of such treatments for gender dysphoria and to provide guidance to the medical community and protect health, safety and welfare of Floridians." The workshop has not been rescheduled yet but the next Board of Medicine meeting on the calendar is Oct. 7, a day after the Board's Rules/Legislative Committee is expected to review proposed rule updates to the state standard of care for transition-related treatment for minors. Florida Politics

Environment

Turtle Rules Move Slowly

The Florida Fish and Wildlife Conservation Commission had to postpone meetings this week in which commissioners would have reviewed rules around terrapin breeding. Diamondback terrapin turtles are deemed a vulnerable species by the International Union for Conservation of Nature and wildlife managers were expected to recommend against reopening captive breeding of the animal this week. Some breeders and experts outside the industry say they aren't sure whether commercializing the terrapins would do more to help or harm them. Although commercial breeding of the species ended in 2006, some believe reopening the state breeding program could decrease the demand for trafficking. Florida Politics

Workplaces

Florida Hourly Minimum Wage Goes to $11?

The minimum wage in Florida increased to $11 an hour on Friday, as the state implemented the second in a series of annual raises that will eventually get the minimum to $15 an hour. The pay raise is a result of a constitutional amendment that 61% of voters approved in a 2020 ballot measure. Florida's hourly minimum wage was $8.56 before going up to $10 in 2021 and will increase by $1 every year on Sept. 30 until it reaches $15 in 2026. Miami Herald / Politico

Housing and Real Estate

Landlords Appeal to DCA in Effort to Block Orange Co Rent Cap Proposal

Lawyers representing landlords are appealing a ruling that has so far kept a proposed rent cap law for Orange County on the Nov. 8 ballot. The Florida Realtors and the Florida Apartment Association have sued trying to block the proposal from being decided by voters, but a lower court refused a request for an injunction that would have blocked the vote. The landlord groups on Sept. 23 filed an appeal with the Fifth District Court of Appeal seeking to overturn that decision and get an injunction that would prevent voters from deciding the issue. Orlando Sentinel

Arrivals and Departures

Newton Appointed to Ethics Commission

Former Democratic state lawmaker Wengay Newton was appointed to serve on the Florida Ethics Commission by House Speaker Chris Sprowls. Newton replaces Tony Carvajal, who has been on the commission for the last four years and cannot serve another consecutive term under state law. Both the House Speaker and Senate President are required to name one Democrat and one Republican each to the nine-member panel. For Sprowls' Republican pick, he chose former State Attorney Bill Cervone of Gainesville. Newton and Cervone will both serve a two-year term. Florida Politics?

Campaigns and Elections

DeSantis Out-Advertising Crist at 15-1 Clip

Gov. Ron DeSantis has saturated the Florida airwaves with re-election messages at 15 times the amount of advertising Democratic candidate Charlie Crist has run. Axios / Florida Phoenix / Wesleyan Media Project

Senate Races in Play – Five Districts Competitive

At least five state Senate races – in districts from around the state – could be competitive according to voter registration numbers and results from the 2020 elections in those districts. Races in the Big Bend area, Palm Beach County, Pinellas County, Miami-Dade, and Central Florida look to be in play. City & State Florida

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